HomeMy WebLinkAboutcc min 2001/07/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
July 17, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:11
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: Rindone (excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, Senior Assistant
City Attorney Moore, and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1 through 5)
1. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on July 10, 2001, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Charles (Steve) Thomas, member of the Resource
Conservation Committee.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with the Maddy Act.
2. RESOLUTION NO. 2001-215, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FORM OF THE FIRST AMENDMENT
TO THE ACQUISITION/FINANCING AGREEMENT FOR COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
On November 30, 1999, Council authorized the special provisions and implementation
procedures of the acquisition/financing agreement for Community Facilities District No.
99-1. This agreement established the terms and conditions pursuant to which the City
will acquire the authorized public improvements, to issue special tax bonds to finance
such improvements, and create procedures for acquiring those improvements. Adoption
of the resolution approves the first amendment to the acquisition/financing agreement
with Otay Project LP. Approval of this agreement will permit the developer to be paid
from the proceeds of the first series of bonds for facilities that were earmarked to be paid
from the second series of bonds. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
CONSENT CALENDAR (Continued)
3. ORDiNANCE NO. 2840, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHiNG A 35 M.P.H. SPEED LIMIT ON PALOMAR
STREET, BETWEEN iNDUSTRIAL BOULEVARD AND BROADWAY, AND
AMENDiNG SCHEDULE X OF THE REGISTER AS MAiNTAiNED BY THE
OFFICE OF THE CITY ENGINEER
Based on the provisions of Califomia Vehicle Code Section 40803, and pursuant to
authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that, based on a traffic engineering study, the speed limit on Palomar Street,
between Industrial Boulevard and Broadway, should be decreased from the existing 40
M.P.H. to 35 M.P.H. (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
4. RESOLUTION NO. 2001-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIViNG THE CITY'S FORMAL BIDDiNG PROCESS
AND APPROVING A FIRST AMENDMENT TO A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, RECON (CONSULTANT), AND THE
EASTLAKE COMPANY, LLC (APPLICANT), FOR MITIGATION MONITORiNG
AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR EASTLAKE III
WOODS AND VISTAS, AND FOR ADDITIONAL COSTS iNCURRED DURING
THE PREPARATION OF AN ADDENDUM TO THE EASTLAKE III WOODS AND
VISTAS FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIR 01-01),
AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID FIRST AMENDMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program is
proposed to be adopted by Cotmcil for the EastLake III General Development Plan
amendment and the EastLake III Woods and Vistas Sectional Planning Area Plan. State
law requires public agencies to adopt such programs to ensure effective implementation
of mitigation measures. Adoption of the resolution approves the proposed contract
amendment with RECON for a total of $195,200 to provide consulting services as the
Environmental Monitor Specialist for the EastLake III Woods and Vistas for a period of
five years, and to pay for additional costs incurred for the preparation of an addendum to
the EastLake III Final Subsequent Environmental Impact Report (EIR 01-01). (Director
of Planning and Building)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2001-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG THE MASTER FEE SCHEDULE TO SET
THE FEE FOR THE DUPLICATION OF POLICE REPORTS TO THE CITY'S PRE-
EXISTiNG PUBLIC RECORDS DUPLICATION FEE ($0.15), AND ESTABLISHiNG
A NEW FEE OF $2.00 FOR POLICE REPORT REQUESTS PROCESSED BY MAIL
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CONSENT CALENDAR (Continued)
The Public Records Act requires that public agencies charge for the duplication of public
documents in an amount that recovers only the direct costs of duplication. Charges for
ancillary tasks necessarily associated with the retrieval, inspection, and handling of the
file from which the copy is to bc extracted are not to be considered in determining the
fee. Police reports easily fall under the legal definition of a public document, therefore,
the appropriate fee for providing a copy of a police report should be the charge imposed
by the City for copying other public documents, which is presently $0.15 per page. In
addition, because a majority of the City's requests for police reports are made by mail,
another adjustment to the Master Fee Schedule, the creation of a "mailed police report"
fee, is also being proposed. This fee is necessary to pay for the additional costs the City
incurs when a police report is mailed to the requestor. At this time, staff has calculated
the appropriate fee to be $2.00 per copy. (Director of Budget and Analysis)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICATIONS
Julie Meier Wright, 401 B Street, San Diego, President and CEO for the San Diego Regional
Economic Development Corporation, thanked Council for its leadership and generosity in
contributing to the regional marketing campaign, San Diego Technologies Perfect Climate. She
explained that the campaign had promoted San Diego as a national technological center, and she
presented Mayor Horton with a memento of the campaign.
ACTION ITEMS
6. CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING THE FINDINGS OF
FACT, MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING THE FIRST PHASE OF CONSTRUCTION OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR (CONTINUED FROM JULY 10, 2001 )
The Salt Creek gravity sewer interceptor is a 12.5-mile sewer pipeline currently being
designed to serve the developments within the Salt Creek Basin. In addition, this trunk
line will also convey flows from the Poggi Canyon and the Wolf Canyon trunk sewers.
Since this facility will ultimately serve three of the four basins in the eastern portion of
the City, the sewer line is a major component of the development planning for the eastern
portion of the City. As part of the environmental review process to analyze potential
environmental impacts resulting from the construction of this facility, an Environmental
Impact Report was prepared for the project. This document was reviewed by the
Planning Commission on June 13, 2001; upon completion of its review, the Commission
determined that the Final Environmental Impact Report (FEIR) was complete and
recommended that Council certify the FEIR and adopt the Findings of Fact. (Director of
Public Works)
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ACTION ITEMS (Continued)
Senior Civil Engineer Rivera presented an overview of the project, and Environmental Review
Coordinator Ponseggi summarized the contents of the final Environmental Impact Report.
Councilmember Salas questioned whether or not the secondary pipeline in Option 3 would be of
the same construction quality as the primary pipeline. Senior Civil Engineer Rivera responded
that the quality of the secondary pipeline would be of equal construction quality, and flow could
be diverted to the pipeline with no loss in capacity.
Michael Beck, 560 La Cresta Boulevard, Crest, representing the Endangered Habitat League,
recommended that Council consider Option 3, stating that it would not compromise the long
term biological viability of the area, which he believed was essential to the long-term success of
the plan.
ACTION: Councilmember Salas offered Resolution No. 2001-218, heading read, text
waived:
RESOLUTION NO. 2001-218, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYiNG THE FiNAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTiNG THE FINDINGS
OF FACT, MITIGATION MONITORiNG AND REPORTING PROGRAM,
AND APPROViNG THE FIRST PHASE OF CONSTRUCTION OF THE SALT
CREEK GRAVITY SEWER iNTERCEPTOR
The motion carried 4-0.
PUBLIC HEARINGS
Items #7 and #8 were considered jointly.
7. CONSIDERATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FEIR-01-01) AND ITS ATTENDANT ADDENDUM, CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) F1NDiNGS OF FACT, STATEMENT
OF OVERRIDING CONSDERATIONS, AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE EASTLAKE III WOODS AND VISTAS
REPLANNiNG PROGRAM
Pursuant to the California Environmental Quality Act, a Subsequent EIR was prepared
for the EastLake III project to analyze the environmental impacts of the proposed project.
Council action on the certification of the Subsequent EIR must be taken prior to action on
the EastLake III project. Council must consider the Subsequent EIR for EastLake III in
making the decision on the project. (Director of Planning and Building)
8. CONSIDERATION OF APPROVAL OF GPA-01-07, PCM-01-26, PCM-00-19,
APPLICATIONS FILED BY THE EASTLAKE COMPANY INVOLVING 1,030
ACRES KNOWN AS EASTLAKE III, 455 ACRES KNOWN AS THE EASTLAKE
TRAILS, AND 108 ACRES KNOWN AS THE "SOUTHERN LAND SWAP" PARCEL
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PUBLIC HEARINGS (Continued)
The applications filed by The EastLake Company request approval of the third and final
development phase of EastLake, which involves two residential neighborhoods known as
the Woods and Vistas, and an elongated-shaped lot referred to as the "panhandle" pamel.
The Woods and Vistas, combined, encompass 748 acres, with a capacity for 2,061
dwelling units and support land uses such as parks, schools, recreation trails, a fire
station, open space and other amenities. The proposed land plan redistributes the same
land uses and residential densities previously adopted for this area in a more
comprehensive and detailed land plan. The rearrangement of land uses and changes in
densities and permitted number of dwelling units require an amendment to the City's
General Plan and the existing EastLake III General Development Plan, as well as
adoption of a new Sectional Planning Area (SPA) plan to provide development
parameters and design standards. The applications also include amendments to the
parameters and design standards, and to the existing Eastlake II General Development
Plan, EastLake Greens and EastLake Trails SPA plans, and associated regnlatory
documents to modify the adopted Comprehensive Affordable Housing Program and
Community Purpose Facilities Master Plan. (Director of Planning and Building)
Notice of the hearings was given in accordance with legal requirements, and the hearings were
held on the dates and at the times specified in the notice.
Senior Planner Hemandez presented an overview of the Eastlake III Project Re-planning
Program. Ms. Isaaks provided a brief overview of the Eastlake III Final Subsequent
Environmental Impact Report. She included a summary of environmental impacts that included
the notable project issues; unavoidable significant impacts; draft EIR comments and responses;
and an overview of the addendure.
Mayor Horton opened the public hearings on Items #7 and #8.
Guy Asaro, Vice President of the Eastlake Company, thanked all City staff involved in the
project, supported staff recommendations, and explained that the proposed plan area would
include estate quality neighborhoods, retail stores, and hotels.
Bob Collins, representing the City of San Diego Water Department, thanked Chula Vista City
Planning staff and the developers, and he commended Planning Director Leiter and the City's
Engineering staff for their cooperative efforts with the program. Mr. Collins stated that the
Water Department wished to continue collaborative efforts with the City toward the preservation
Of Otay Lakes.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearings.
ACTION: Mayor Horton offered Resolution Nos. 2001-219 and 2001-220, and Ordinance
No. 2839 on first reading.
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RESOLUTION NO. 2001-219, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT (FEIR-01-01) FOR THE EASTLAKE
III WOODS AND VISTAS REPLANNING PROGRAM WITH ITS
ATTENDANT ADDENDUM; MAKING CERTAiN FINDiNGS OF FACT;
ADOPTiNG A STATEMENT OF OVERRIDING CONSIDERATIONS; AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ORDINANCE NO. 2839, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICT MAP FOR 748
ACRES, COMMONLY KNOWN AS THE EASTLAKE III SECTIONAL
PLANNING AREA (SPA) PLAN, LOCATED EAST OF THE EASTLAKE
BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR,
BETWEEN THE FUTURE ALIGNMENT OF PROCTOR VALLEY ROAD
AND OLYMPIC PARKWAY
RESOLUTION NO. 2001-220, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE
CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL
DEVELOPMENT PLANS, EASTLAKE GREENS AND EASTLAKE TRAILS
SECTIONAL PLANNiNG AREA (SPA) PLANS, ADOPTiNG A NEW
SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 748 ACRES, KNOWN AS EASTLAKE III, AND
LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND THE
SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE
ALIGNMENT OF PROCTOR VALLEY ROAD AND THE SOUTHERN END
OF WUESTE ROAD
The motion carried 4-0.
9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAiN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Deputy City Manager Powell)
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.
Deputy City Manager Powell stated that 175 liens for delinquent sewer bills were being placed
on the property tax bill for a total dollar value of $57,000. Mr. Powell explained that the
accounts did not include tenant-occupied properties, due to a recent litigation settlement in
Northern California that precluded the City from the authority to lien landlord property for tenant
delinquencies.
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PUBLIC HEARINGS (Continued)
Mayor Horton opened the public heating. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Deputy Mayor Davis offered Resolution No. 2001-221, heading read, text
waived:
RESOLUTION NO. 2001-221, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-
OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
The motion carried 4-0.
BOARD AND COMMISSION RECOMMENDATION
10. REPORT FROM THE BOARD OF ETHICS RECOMMENDING ADOPTION OF A
LOBBYING ORDINANCE FOR THE CITY OF CHULA VISTA
At the Council meeting of March 6, 2001, Councilmember Salas requested the Board of
Ethics to consider whether the City would benefit from adopting a lobbying ordinance.
On May 15 and Jtme 12, 2001, the Board discussed the matter and is recommending that
the Council adopt a lobbying ordinance requiring individuals acting as municipal
lobbyists to register and submit a financial disclosure form. (Board of Ethics)
Board recommendation: Council accept the report and direct the City Attomey to
prepare an ordinance for consideration by Council at a future date.
This item was not discussed and was continued to the meeting of July 24, 2001.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
There were none.
12. MAYOR' S REPORTS
There were none.
13. COUNCIL COMMENTS
There were none.
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ADJOURNMENT
At 8:47 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of July 24, 2001.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
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