HomeMy WebLinkAboutcc min 2000/10/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND
AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
OCTOBER 17, 2000 6:00 P.M.
A Regular Meeting of the City Council and an Adjourned Regular Meeting of the Planning
Commission of the City of Chula Vista were called to order at 6:04 p.m. in the Council
Chambers, located in the Public Services Building, 276 Fourth Avenue, Chuia Vista, California.
ROLL CALL
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Honon
(Deputy Mayor Moot arrived at 6:10 p.m.)
Planning Commissioners Castaneda, Cones, Hall, O'Neill, McCann,
Willett, and Chair Thomas ((Commissioner Hail arrived at 6:44 p.m.)
ABSENT: Councilmembers/Commissioners: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: FRANCISCO GONZALEZ - BOARD OF ETHICS
Mr. Gonzaiez was not present. His Oath of Office was administered on October 13, 2000 in the
Office of the City Clerk.
· PRESENTATION OF A PROCLAMATION PROCLAIMING THE MONTH OF
OCTOBER 2000 AS "UNITED WAY/CHAD CAMPAIGN MONTH"
Mayor Horton read the proclamation, and Councilmember Padilia presented it to Planning &
Building Director Bob Leiter, who thanked Council for its support of the program.
CONSENT CALENDAR
(Items 1 through 11 )
1. APPROVAL OF MINUTES - October 3, 2000
Staffrecommendation: Council approve the minutes.
CONSENT CALENDAR (Continued)
2. WRITTEN COMMUNICATIONS
A. Letter from Henry's Marketplace requesting that the restricted two-hour parking
on the north side of J Street be reconsidered.
Staff recommendation: The item be referred to staff with direction to prepare a
written response to Mr. Ron Cohn and the management team of Henry's Chula
Vista stating that the item was heard by Council with several concerned citizens
speaking to the issue, and Council will not reconsider the item.
3. ORDINANCE NO. 2826, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2579 RELATING TO AN INTERIM
PRE-SR-125 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION
FACILITIES IN THE CITY'S EASTERN AREA AND TO PAY FOR COSTS
ASSOCIATED WITH ADVANCING THE CONSTRUCTION OF SR-125 (2sn
READING AND ADOPTION)
Chula Vista created an Interim Pre-SR-125 Development Impact Fee in November 1993
to provide a funding source to construct an interim roadway facility should SR-125 be
delayed significantly. This was necessary in order to provide traffic capacity for future
growth. (Directorof Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE NO. 2825, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON PROCTOR VALLEY
ROAD BETWEEN MOUNT MIGUEL ROAD AND HUNTE PARKWAY,
ESTABLISHING A 45 MPH SPEED LIMIT ON HLrNTE PARKWAY BETWEEN
PROCTOR VALLEY ROAD AND OTAY LAKES ROAD, ESTABLISHING A 25
MPH SPEED LIMIT ON MACKENZIE CREEK ROAD BETWEEN MOUNT
MIGUEL ROAD AND LANE AVENUE, AND ADDING THESE ROADWAY
SEGMENTS TO SCHEDULE X OF A REGISTER MAINTAINED BY THE OFFICE
OF THE CITY ENGINEER (2~q° READING AND ADOPTION)
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 Procter Valley Road
between Mount Miguel Road and Hunte Parkway should be established at 45 MPH, the
speed limit on Hunte Parkway between Proctor Valley Road and Otay Lakes Road should
be established at 45 MPH, and the speed limit on Mackenzie Creek Road between Mount
Miguel Road and Lane Avenue should be established at 25 MPH. The 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 place the ordinance on second reading for adoption.
Page 2 Council/Planning Commission Minutes 10/17/2000
CONSENT CALENDAR (Continued)
5 A. RESOLUTION NO. 2000-355, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS
TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
FOR TWO PARK PROJECTS
B. RESOLUTION 2000-356, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT 1N THE AMOUNT OF $766,650 FROM
THE STATE OF CALIFORNIA FOR TWO PARK PROJECTS (GREG ROGERS
PARK AND LOMA VERDE PARK POOL); AND AMENDING THE CIP BUDGET
TO INCREASE THE APPROPRIATIONS FOR THESE PROJECTS; AND
AUTHORIZING THE DIRECTOR OF PARKS & RECREATION, OR HIS
DESIGNEE, TO SIGN THE APPROPRIATE DOCUMENTATION WITH THE STATE
OF CALIFORNIA TO ACCEPT THE GRANT FUNDS (4/5THS VOTE REQUIRED)
The City has received notice of the award of grant funds from the State of California in
the amotmt of $766,650, divided between two projects - the Loma Verde Pool
Renovation (PR226) for $482,650 and Greg Rogers Park (PR169) for $284,000. The
City must now submit an application for these grant funds to the State Department of
Parks and Recreation in order to receive the funds. The State allows the City to apply for
and accept the grant simultaneously. (Director of Parks and Recreation)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2000-357, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RESCINDING RESOLUTIONS 17470 AND 17471,
PASSED BY THE CITY COUNCIL ON MAY 3, 1994, WHICH ASSIGNED A
PORTION OF THE WEST CURBLINE ALONG FOURTH AVENUE IN FRONT OF
THE POLICE STATION AND A PORTION OF THE SOUTH CURBLINE ON
DAVIDSON STREET BETWEEN FOURTH AVENUE AND FIG AVENUE TO
PUBLIC PARKING, AND ESTABLISHING THAT PORTION OF PUBLIC PARKING
AS ASSIGNED TO SPACE FOR "OFFICIAL VEHICLES ONLY"
The Police Department has determined that as a restfit of increases in staffing, increases
in police vehicles, and other expanded programs such as the successful Senior Volunteer
Program, there is a critical need for additional parking spaces for official vehicles. Staff
has recommended that the public parking area described in the resolution be reassigned
for "Official Vehicles Use Only" to ease the parking shortage for the Police Department.
This temporary change in parking would remain in effect until a new Police facility is
completed, which is expected to occur in December 2002. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION NO. 2000-358, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PARCEL MAP FOR TENTATIVE
PARCEL MAP NO. 00-15, ACKNOWLEDGING ON BEHALF OF THE CITY OF
CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION (IOD) OF FEE
INTEREST FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AS SHOWN ON
SAID MAP WITHIN SAID SUBDIVISION, AND VACATING AN IRREVOCABLE
OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA
OVER LOT "A" OF MAP NO. 13920
Page 3 Council/Planning Commission Minutes 10/17/2000
CONSENT CALENDAR (Continued)
The proposed parcel map adjusts the property line between three existing parcels in the
McMillin Otay Ranch project, with no new lots being created. Final planning and design
efforts for the proposed subdivision require minor adjustments to residential Lot 48, Lot
54 and open space Lot A of Map No. 13920. By approving the proposed map, Council
will vacate the IOD for the open space lot within the proposed map and replace it with an
IOD consistent with the new lot configuration. In accordance with Section 7050 of the
California Government Code and Chapter 4, Section 8335 of the California Streets and
Highways Code, this type of vacation may be performed summarily through adoption of
aresolution. (Directorof Public Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2000-359, RESOLUTION ORDERING THE SLIMMARY
VACATION OF A SLOPE EASEMENT WITHIN ASSESSOR'S PARCEL NO. 640-
370-11 AT 1101 PASEO LADERA
A request was received to vacate a slope easement belonging to the City within the
property located at 1101 Paseo Ladera, owned by Paseo Ladera Partners. In accordance
with Chapter 4, Section 8335 of the California Streets and Highways Code, this type of
vacation may be performed summarily through adoption of a resolution ordering said
summary vacation. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9 A. RESOLUTION NO. 2000-360, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $33,783.93
FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND AND
$30,659.18 FROM THE EQUIPMENT REPLACEMENT FUND AND AWARDING
PURCHASE AGREEMENT FOR FIVE UTILITY TRUCKS
B. RESOLUTION NO. 2000-361, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 PUBLIC
WORKS DEPARTMENT BUDGET BY APPROPRIATING $32,167.69 FROM THE
UNAPPROPRIATED BALANCE OF THE SEWER FUND AND AUTHORIZING THE
PURCHASE OF A UTILITY TRUCK FOR THE WASTEWATER SECTION
(OPERATIONS) OF THE PUBLIC WORKS DEPARTMENT
C. RESOLUTION NO. 2000-362, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 PUBLIC
WORKS DEPARTMENT BUDGET BY APPROPRIATING $32,167.68 FROM THE
UNAPPROPRIATED BALANCE OF THE EQUIPMENT REPLACEMENT FUND
AND AUTHORIZING THE PURCHASE OF A UTILITY TRUCK FOR THE
CONSTRUCTION AND REPAIR SECTION OF THE PUBLIC WORKS
DEPARTMENT
Page 4 - Council/Plamfmg Commission Minutes 10/17/2000
CONSENT CALENDAR (Continued)
D. RESOLUTION NO. 2000-363, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 PUBLIC
WORKS DEPARTMENT BUDGET BY APPROPRIATING $28,046.24 FROM THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND AND AUTHORIZING
THE PURCHASE OF A TRUCK FOR THE PARK MAINTENANCE SECTION OF
THE PUBLIC WORKS DEPARTMENT
In Fiscal Year 1999/2000, a new utility track was approved for the new utility mark-out
crew for the Wastewater section (Operations) of the Public Works Department.
However, the utility truck was not purchased in Fiscal Year 1999/2000. In Fiscal Year
1999/2000, a new utility truck was approved for its normal replacement cycle for the
Construction & Repair section of the Public Works Department. However, this utility
track was not purchased in Fiscal Year 1999/2000. For Fiscal Year 2000/2001, one
additional utility truck was approved for the Construction & Repair section. In addition,
the Fiscal Year 2000/2001 equipment replacement budget provides for the replacement of
one utility track for the Construction & Repair section. One additional truck is being
requested for the Park Maintenance section, due to growth. The bid was advertised in the
Chula Vista Star News on August 25, 2000. Twenty-six bid packages were sent out and
eight bidders responded. Two Chula Vista vendors were contacted, but only one
submitted a bid. On September 19, 2000 the bids for the purchase of these vehicles were
opened. (City Manager/Director of Public Works)
Staff recommendation: Council adopt the resolutions.
10 A. RESOLUTION NO. 2000-364, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING AND AUTHORIZING THE RE-BID OF ALL
THE BIDS LISTED ON EXHIBIT "B" FOR THE RENOVATION AND EXPANSION
WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD
B. RESOLUTION no. 2000-365, RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND
AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A"
FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE
FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD,
AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACTS
On September 26, 2000 Council adopted Resolution Nos. 2000-333 and 2000-334
approving the rejection, re-bid and award associated with the first set of bids for the
corporation yard project. On October 10, 2000, Council adopted Resolution Nos.
2000-353 and 2000-354 approving the rejection, re-bid and award associated with the
second set of bids for the Corporation Yard project. Approval of the first resolution
rejects and authorizes the re-bid of certain trades necessary to complete the project.
Approval of the second resolution accepts the lowest responsive bids and awards all the
Page 5 - Council/Planning Commission Minutes 10/17/2000
CONSENT CALENDAR (Continued)
contracts as designated for award on Exhibit "A" covering some of the trade work
associated with the construction of the Corporation Yard project. Staff intends to come
back before Council on October 24th with a resolution accepting and awarding additional
bids. The total contract value approved to date is $15,973,666. (Director of Public
Works)
Staff recommendation: Council adopt the resolutions.
11 A. ORDINANCE NO. 2827, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING TITLE 2 OF THE CHULA VISTA MLFNIC1PAL CODE
TO ADD CHAPTER 2.57, DESIGN-BUILD CONTRACTS, TO ESTABLISH THE
PROCEDURE FOR THE SELECTION AND AWARD OF DESIGN-BUILD
CONTRACTS
B. RESOLUTION NO. 2000-366, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CERTIFYING THE PREVIOUSLY APPROVED
CONSTRUCTION MANAGERJCONSTRUCTOR PRIORITY LIST AS THE
QUALIFIED LIST OF DESIGN-BUILD ENTITIES
In March 2000, the voters approved Proposition B, amending City Charter section 1009,
Public Works Contracts, to allow the City to award contracts pursuant to the design/bnild
project delivery system. Proposition B required the City to approve an implementing
ordinance establishing the bidding and award procedures for this new process. (City
Manager/Director of Public Works)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 5-0, except on Item
No. 1, which carried 4-0 with Deputy Mayor Moot not yet present.
ORAL COMMUNICATIONS
Bruce Hunter, 758 Stone Canyon Road, representing homeowners of Rolling Hills Ranch,
complained of the noise and lighting associated with the all-night operation of Con Way Western
Express. He stated that the trucking company was in violation of its Conditional Use Permit, and
he presented a petition signed by the property owners in the area.
David Fithicen, 2638 E1 Granada Road, also complained about Con Way Express and its
excessive operating hours. He asked Council to reconsider the Planning Commission's approval
of a Conditional Use Permit.
Susan Watry, 196 Guava Avenue, opposed the construction of the police facility in Friendship
Park, stating that the park should be kept as a historical site.
Page 6 - Council/Planning Commission Minutes 10/17/2000
ORAL COMMUNICATIONS (Continued)
Hector Espinoza, Principal of Hilltop Middle School, commended the school teachers and
students for their achievements with SAT scores. He stated that the passage of Proposition BB
on the November ballot is critical in order to improve school facilities.
Mike Diaz, 89 East Paisley, asked Council to look at alleged Charter violations with respect to
the upcoming election. Mayor Horton stated that the City Attorney would be forwarding a report
to Council on the matter within the next week.
PUBLIC HEARINGS
12. CONSIDERATION OF ADOPTION OF THE CHULA VISTA MSCP SUBAREA
PLAN
The MSCP Subregional Plan is a comprehensive, long-term habitat conservation
planning program that addresses the habitat needs of 85 sensitive plant and animal
species through preservation of native vegetation communities within southwestern San
Diego County. The MSCP allows local jurisdictions to maintain land use control and
development flexibility while creating a plan to mitigate for the potential loss of Covered
Species and their habitat due to the direct impacts of future development. The City of
Chula Vista MSCP Subarea Plan will allow the City to issue pennits for development
projects that may impact Covered Species. Implementation of the MSCP Subarea Plan
will also establish a "Preserve" for the permanent conservation of habitat lands. The
Preserve is defined by mapped boundaries and/or quantitative targets for habitat
conservation and will total approximately 4,700 acres within the City. The terms of
implementation of the MSCP Subarea Plan will be addressed through an Implementing
Agreement between the City and the Wildlife Agencies. (Director of Planning &
Building)
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.
Planning & Building Director Leiter introduced the MSCP and Subarea Plan, a culmination of
several years' work on the part of the City, and recognized the following staff and consultants
who assisted with the project: Planning staff Duane Bazzel, Christina Clark, and Marilyn
Ponseggi; Senior Assistant City Attorney Ann Moore; Laurie McKinley, lead consultant with
MNA; Joe Monaco, representing environmental consultants Dudek and Associates; Tina Thomas
and Renee Hawkins with Remy, Thomas and Moose; U.S. Fish and Wildlife Service
representative Nancy Gilbert; and Bill Tippets with the California Department of Fish and Game.
Ms. McKinley explained the MSCP Subarea Plan and the program's goal to conserve an
integrated network of habitat and open space for protection of significant biological resources
throughout 900 square miles in the southwestern portion of the County. Based on the preserve
collectively planned by twelve jurisdictions, the wildlife agencies have found that the habitat that
will be conserved will ensure the long-term survival of 85 separate species. Ms. McKinley
stated that the City would be authorized to issue "take" permits for the 85 species upon approval
of the Subarea Plan by the wildlife agencies and accompanying ordinances.
Page 7 - Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
Ms. McKinley explained that each Subarea plan is considered to be a separate Habitat
Conservation Plan (HCP) by the U.S. Fish and Wildlife Service and, when considered separately,
the City's Subarea Plan sufficiently protects 18 of the 85 MSCP covered species. She added that
if permits associated with other MSCP Subarea Plans were to be revoked, the Chula Vista
Subarea Plan would remain as a stand-alone HCP, and the City would retain coverage for the 18
species.
Ms. McKinley described the three-part preserve assembly as being the covered projects area;
Habitat Loss and Incidental Take (HLIT) area outside the coastal zone; and HLIT area inside the
coastal zone. She added that in order for the City to receive "take" authority, three other
implementing tools would need to be in place: an amendment to the grading ordinance; a
grazing abatement ordinance; and an implementing agreement.
Ms. McKinley explained the preserve management funding and resources, stafmg that the
estimated costs for accomplishing preserve management would be $50 per acre and would be
assured through established financing programs in the three preserve management areas. Ms.
McKinley added that biological management and maintenance in the central City preserve area
will cost between $10 and $16 per acre, and possible funding resources may include grants,
regional funding programs, the City's General Fund, and any other available funding resources.
Commissioner Castaneda expressed concern with the language in the plan, the ability to provide
equity, and the possible interruption of the plan by the Coastal Commission and state and federal
agencies.
Mayor Horton opened the public hearing.
Allison Rolfe, Executive Director of the Audubon Society, recommended aga'mst approval of the
plan as it presently exists. She stated that the plan does not meet standards of the Endangered
Species Act and lacks speci~city with reference to the implementing agreements and special
studies ordinances. She expressed concern with the conservation goals being defined as
percentages and added that the program should be consistent with the Coastal Commission Act.
She also recommended that a yearly report be prepared with reference to the implementing
agreement, Sections 9.4 and 9.5.
Councilmember Padilia requested confu'tnation from staff that the concerns raised by Ms. Rolfe
were not in the existing public record. He expressed frustration that the Audubon Society was
raising issues long after the close of the public review period and said he believed that both the
City and wildlife agency staff had been working in good faith.
Ms. McKinley reported that a Public Draft Report was issued in February 2000 for a 45-day
public review. The Audubon Society was sent a letter in February, providing them with the
opportunity to comment. Ms. McKinley stated that no letter was received fi:om the Audubon
Society at that time and added that the existing plan has more specificity than any other plan in
the region.
Page g - Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
Abel Parra, 845 East 8t" Street, Suite C, National City, represented two property owners who
reside adjacent to the plan area. He stated their concerns regarding the future development of
their properties and their request that there be a buffer zone of 500 feet between the preserve and
their property lines. Ms. McKinley responded that the property owners should be able to move
forward with development under the new ordinances.
Craig Benedetto, representing the Alliance for Habitat Conservation, presented a letter to the
Council regarding the MSCP Subarea Plan approval; stated that the Quino Checkerspot
Butterfly, a listed species, was not covered under the plan, which could have broad impacts to
land owners in the jurisdiction; and recommended that the species be covered. He encouraged
the City to insist that the critical habitat designation be removed from the plan area concurrently
with approval and receipt of the "take" permit.
Kim Kilkenny, represent'rag Otay Ranch Company, encouraged the City to move forward with
the adoption of the MSCP Plan. He stated that the plan is the best and most specific and detailed
plan in the region and if the program were adopted, he would like to see the City receive permit
authority by January 15, 2001. He recommended that Council ask the wildlife agency
representatives what will be done to remove the critical habitat designation in conjunction with
the adoption of the MSCP program and also emphasized the necessity to include in the City's
legislative program constant communication with state and federal representatives to ensure that
local jurisdictions continue to have control over their land use decisions.
Michael Beck, representing the Endangered Habitats League, spoke regarding the HLIT
Ordinance implementation plan and the need to review details of the various documents. He
stated that the university site has always been a major issue, and when the proposal came
forward to try to find a compromise to locate a university in Salt Creek, several issues arose: (1)
that the sewer line not be located in Salt Creek unless it is proven that there is no feasible
alternative; (2) that land use bubbles east of proposed SR-125 and within Otay Valley be
eliminated; (3) that Omy Valley Road west of La Media is put out of Otay River Valley and up
on the mesa; and (4) that the linkages to cornerstone lands in Salt Creek have some success
criteria associated with them. He further spoke to a idamental policy issue of what a large-
scale conservation plan is and is not; and the necessity to ensure that the plan is consistent with
various state and federal regulations and processes. He also mentioned the need for more
information and clarification regarding enhancements.
Deputy Mayor Moot agreed with some of Mr. Beck's comments and shared his concern about
the relationship between the MSCP and agreements with Fish and Wildlife with respect to other
agencies with authority, particularly the Environmental Protection Agency and Clean Water Act.
He stated that the City has found that other acts and agencies have the potential to deprive the
City of the benefits of the bargain and cited the extension of Olympic Parkway and the
construction of SR-125 as examples. He believed that the City has acted in good faith and,
despite the City's best efforts, he felt it was possible that other agencies were withdrawing some
of the critical decision-making processes that would allow the City to achieve its vision.
Page 9 - Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
Mr. Beck responded that a conscious decision was made in 1993 not to include other regulatory
agencies in the development of the Subarea Plan, and it was also understood and agreed that the
processes required by other agencies would be above and beyond those contained in the plan,
once adopted.
Robert Pletcher, 2727 Hoover Avenue, National City, representing McMillin Companies,
supported the plan and expressed the need for the City to stand behind the plan with reference to
the removal of the critical habitat designation. He then introduced Mr. Hartzell of Hewitt and
McGuire.
Andrew Hartzell, of Hewitt & McGuire, 19900 McArthur Boulevard, Suite 1050, Irvine,
explained a mechanism that would allow the designation to be removed, stating that the Fish and
Wildlife Service could publish its notice in the Federal Register of receipt of the application and
invite public comment and concurrently publish notice of its intent to exclude the area within the
Chula Vista Subarea Plan on the basis that the Subarea Plan does provide for the conservation
needs of the California Gnatcatcher.
Assistant City Attorney Moore stated that the draft implementing agreement provides language
regard'mg the automatic removal of the critical habitat designation upon the City's take
authorization. The draft agreement will be negotiated with the wildlife agencies over the next
few months.
Councilmember Davis asked when the agency would publish the City's notice of application.
Nancy Gilbert, representing the Fish and Wildlife Service, responded that the notice would not
be published until the negotiations on the implementing agreement, as well as compliance with
court ordered dates and timelines, were accomplished.
Matthew Adams, representing the Building Industry Association, supported the adoption of the
proposed resolutions and also the proposal of concurrent publications by the Fish and Wildlife
Service. He cautioned that several issues still require resolution.
Jim Whalen, representing Sempra Energy and Bella Lago, spoke in support of the plan and also
supported withholding final approval tmtil the permit matches the plan. He stated that the
Department of Fish and Game and the Fish and Wildlife Service, rather than the Coastal
Commission, are best equipped to handle habitat planning issues and also clarified the "no
surprises policy" as a financial assurance only, whereby the city and property owners would not
be responsible for fixing things that go wrong.
Rikki Albertson, representing Otay Land Company and Home Federal, supported the MSCP but
expressed extreme concem regarding the critical habitat designation and its possible impact on
implementation of the Subarea Plan. She asked that Council approve the MSCP, make it clear
that the critical habitat designation must be removed, and request that upper level Fish and
Wildlife representatives make an immediate commitment to try to get the designation removed
by January 15, 2001.
Page 10 - Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
With no further members of the public wishing to speal~ Mayor Hurton closed the public
hearing.
In response to a question by Councilmember Davis, Ms. McKinley stated that Chula Vista's plan
will protect 18 of the 85 species to be protected on a regional basis as long as other agencies
continue to implement their plans.
Mayor Hotton asked the status of the MHCP plan in North County. Bill Tippets, California
Department of Fish and Game, expla'med the status of the implementation of plans by the seven
North County cities but stated that those plans will not affect Chula Vista. He further remarked
that there is a ~reat amount of specificity of detail for biology with regard to the City's projects,
but Chnla Vista will not get take authority until the HLIT Ordinance is approved. He also
commented that the Department is working to resolve the issues surrounding the Coastal
Commission' s position.
Deputy Mayor Moot asked if the department had had recent consultations with EPA regarding
EPA's position on the construction of SR-125 and its potential impact on the City's ability to
assemble and ensure the financial viability of the creation of the preserve. Mr. Tippets
responded that his department had had no d~rect contact in recent months. He explained that
Fish and Wildlife has issued a biological opinion regarding SR-125 and because of that, his
department can adopt the findings in that opinion and issue its take authorization based on the
federal opinion as long as the department can fred that there has been adequate conservation for
the species.
Deputy Mayor Moot expressed concern with EPA's position on SR-125, stating that SR-125 is
critical to the land owners doing the development that will allow them to acquire the land that
goes into the preserve. He expressed the need for a high level of cooperation between all the
agencies in working quickly through the SR-125 issue.
Commissioner Castaneda expressed concern that the HLIT Ordinance might not receive
approvals in time to meet the January 15, 2001 completion timeline. Director of Planning &
Building Leiter explained that all of the policy issues have been addressed in the plan, and the
ordinances will be more procedural in nature, setting forth the permitting process. The
ordinances will be reviewed only to make sure they are consistent with the plan, rather than
requiting a biological review. This process shotrid expedite the review and approval of the
ordinances.
Commission Chair Thomas asked the impact on the plan, and how it would be managed, if a
developer buys some land outside the preserve for mitigation. Planning & Building Director
Leiter stated that staff is looking at the possibility of the sale of land within the Otay Ranch
preserve for mitigation of projects outside Otay Ranch and is setting up a mechanism that would
allow for that to occur. He stated that Fish & Wildlife would want to ensure that the City
ma'mtalns a certain amount of control over the locations where the mitigation occurs so there is
like-for-like mitigation. Ms. McKinley further explained that the habitat mitigation ratios were
designed to discourage people from purchasing their mitigation land outside the preserve and to
encourage it within the preserve.
Page 11 - Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARiNGS (Continued)
Commissioner Hall asked whether any funding sources had been identified to assist with the
mandated program. Ms. McKinley responded that a state NCCP local assistance program does
exist, and there is also the possibility of federal funding assistance. Mr. Tippets added that the
State has instituted a $1.6 million per year NCCP local assistance grant program available to all
NCCP participants who have approved plans or soon-to-be-approved plans; these funds can be
used for a variety of functions within the approved plan area. Ms. Gilbert stated that the federal
government has contributed to the MSCP preserve system, and various monies from the
Endangered Species Act are passed on through the State for a variety of things such as
acquisition or studies.
Commissioner O'Neill asked if the City could predicate its approval confmgent upon acceptance
of the plan by the regulatory agencies by January 15m. Assistant City Attorney Moore responded
that the City could condition an approval on anything in the best interests of the City but it might
not achieve anything in the long rtm-.
ACTION: Commission Chair Thomas moved to approve Planning Commission Resolution
No. PCM-95-017, heading read, text waived. Commissioner McCann seconded
the motion. Commissioner Castaneda asked that the motion be amended to
include recommendations requesting that (1) staff obtain clarification on critical
habitat designation issues; (2) Council consider asking legislative advocates to
request that additional federal and state funding be made available for ongoing
acquisition and maintenance of preserve areas; and (3) Council review and
approve of the final fiscal impact analysis of the proposed Subarea Plan in light of
current and foretasted economic and fiscal factors; issues to be considered in this
analysis include, but are not limited to, the esthmated completion schedules for
key infrastructure projects that are planned for the study area, such as State Route
125 and the Salt Creek sewer interceptor project. The amendment to the motion
was acceptable to its makers, and the City Clerk then read the resolution title:
RESOLUTION NO. PCM-95-017, RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL APPROVE THE MSCP SUBREGIONAL PLAN AS
THE FRAMEWORK PLAN; ADOPT THE CITY OF CHULA VISTA MSCP
SUBAREA PLAN CONDITIONED ON THE FOLLOWiNG: 1) THE FUTURE
EXECUTION BY ALL PARTIES OF AN IMPLEMENTING AGREEMENT
SUBSTANTIALLY iN THE FORM OF THE DRAFT IMPLEMENTING
AGREEMENT, 2) THE ISSUANCE OF A BIOLOGICAL OPiNION
CONSISTENT WITH THE CHULA VISTA MSCP SUBAREA PLAN AND
THE DRAFT IMPLEMENTING AGREEMENT, AND 3) THE ISSUANCE OF
TAKE PERMITS WITH CONDITIONS THAT ARE CONSISTENT WITH THE
CHULA VISTA MSCP SUBAREA PLAN AND THE DRAFT
IMPLEMENTING AGREEMENT; AND FiND THAT THE DRAFT
IMPLEMENTING AGREEMENT IS CONSISTENT WITH THE CHULA
VISTA MSCP SUBAREA PLAN AND AFFIRM ITS SUBMITTAL
The motion carried 7-0.
Page 12 - Council/Planning Conm~ission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
Mayor Horton stated that the City is taking a giant step towards protecting a large portion of
sensitive habitat for future generations and expressed the importance of leaming to co-exist with
the environment while protecting the needs of people. She commended staff, the consultants, the
development community and the wildlife agencies for their cooperative efforts.
Councilmember Davis expressed concem that other regulatory agencies have tried to usurp land
use control from local jurisdictions. She stated that the City must maintain control over local
land use decisions and also thanked staff and the consultants for their efforts.
Deputy Mayor Moot stated that the recommended fiscal analysis is critical to the process, since
unless SR 125 moves forward, the plan is at risk because the City would not be able to deliver
land into the preserve. He expressed encouragement at the positive steps taken in working with
U.S. Fish and Wildlife and stated that it was time to move forward.
Councilmember Padilla congratulated everyone who has worked so diligently to this point but
cautioned that there are still significant issues to be addressed. He stated that aside from the
conservation and protection issues, the real value in proceeding in a process such as the MSCP
comes from an understanding between federal, state and local regulatory agencies whose task it
is to see to the preservation of particular species, habitats, areas and resources. Everyone needs a
clear and upfront understanding of the processes involved to achieve the means to accomplish
the conservation so that future, well-planned development can take place in a sensitive and
sensible fashion. He stated that all hinges on the credibility and good faith of the parties
involved.
Councilmember Salas stated that Chula Vista would be viewed as a model community for
implementing such a plan, and Chula Vista has done more than its fair share in preserving its
natural resources. She also commented that the City needs predictability for future planning
purposes and needs to balance the protection of the environment with creating quality living
space for the community. In protecting precious natural resources but impeding the construction
of necessary infrastructure, other quality of life areas are affected, and the environment is
severely damaged when commutes become longer, when people have to sit in traffic for long
periods, and when other resources are being dished.
Mayor Horton thanked Councilmember Salas for highlighting the consequences of not building
SR-125, such as reduced air quality resulting from the congestion being experienced in all areas
of South County.
ACTION: Mayor Horton moved to direct staff to prepare a final fiscal impact analysis of the
proposed Subarea Plan in light of current and forecasted economic and fiscal
factors, with issues to be considered in the analysis to include, but not be limited
to, the estimated completion schedules for key infi'astructure projects that are
planned for the study area, such as State Route 125 and the Salt Creek sewer
interceptor project; and she offered Resolution No. 2000-367, heading read, text
waived:
Page 13 Council/Planning Commission Minutes 10/17/2000
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2000-367, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE MSCP SUBREGIONAL
PLAN AS THE FRAMEWORK PLAN; ADOPTING THE CITY OF CHULA
VISTA MSCP SUBAREA PLAN CONDITIONED ON THE FOLLOWING: 1)
THE FUTURE EXECUTION BY ALL PARTIES OF AN IMPLEMENTING
AGREEMENT SUBSTANTIALLY IN THE FORM OF THE DRAFT
IMPLEMENTING AGREEMENT, 2) THE ISSUANCE OF A BIOLOGICAL
OPINION CONSISTENT WITH THE CHULA VISTA MSCP SUBAREA
PLAN AND THE' DRAFT IMPLEMENTING AGREEMENT, AND 3) THE
ISSUANCE OF TAKE PERMITS WITH CONDITIONS THAT ARE
CONSISTENT WITH THE CHULA VISTA MSCP SUBAREA PLAN AND
THE DRAFT IMPLEMENTING AGREEMENT; AND FINDING THAT THE
DRAFT IMPLEMENTING AGREEMENT IS CONSISTENT WITH THE
CHULA VISTA MSCP SUBAREA PLAN AND AFFIRMING ITS
SUBMITTAL
The motion carried 5-0.
At 9:10 p.m., Mayor Horton declared a brief recess. The meeting reconvened at 9:26 p.m. with
all Councilmembers present.
13. PUBLIC HEARING TO CONSIDER THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN UNIT 26 OF EASTLAKE MAINTENANCE DISTRICT
NO. 1, ZONE B
EastLake Careens Unit 26 ("Unit 26") is located within EastLake Maintenance District
No. 1, Zone B. However, this property has not been previously assessed to finance the
costs associated with the district because a final map had not yet been approved for Unit
26. On October 10, 2000, Council adopted three resolutions declaring the intent to levy
annual assessments within Unit 26, setting the public heating and initiating assessment
ballot proceedings. (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.
City Clerk Bigelow reported that there were two qualified electors and one ballot was received
indicating an affirmative vote.
Mayor Horton opened the public hearing. There being no one wishing to speak, Mayor Horton
closed the hearing.
ACTION: Councilmember Padilla offered Resolution No. 2000-368, heading read, text
waived:
RESOLUTION NO. 2000-368, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION WITHIN UNIT 26 OF EASTLAKE
MAINTENANCE DISTRICT NO. 1, ORDERING MAINTENANCE WORK
THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND
PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN
The motion carried 5-0.
Page 14 Council/Planning Commission Minutes 10/17/2000
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
There were none.
15. MAYOR'S REPORTS
Mayor Horton thanked South Bay Community Services and City staff who organized and
participated in the recent charity fashion show held in support of Casa Segura.
Mayor Horton congratulated Councilmember Davis on the successful Christmas in October
program.
16. COUNCIL COMMENTS
Cotmcilmember Davis invited the public to attend a live broadcast by Roger Hedgecock
regarding the current energy crisis on Friday, October 20, 2000, from 3:00 p.m. to 6:00 p.m., at
the Chula Vista Memorial Bowl.
ADJOURNMENT
At 9:30 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on October
23, 2000 at 4:00 p.m., and thence to an Adjourned Regular Meeting on October 23, 2000 at 6:30
p.m., and thence to the Regular Meeting of October 24, 2000, at 6:00 p.m.
Respectfully submitted,
Susan Bigelow, AAE, CMC, City Clerk
Page 15 - Council/Planning Commission Minutes 10/17/2000