HomeMy WebLinkAboutcc min 1999/04/13MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
APRIL 13, 1999 6:00 P.M.
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:20 p.m.
in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
1. ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton
ABSENT: None
ALSO PRESENT:
City Manager Rowlands, Senior Assistant City Attorney Moore, City
Clerk Bigelow
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
APPROVAL OF MINUTES OF March 23, 1999 (Regular Meeting of the City Council) and
March 29, 1999 (Joint Meeting of the City Council, Growth Management Oversight
Commission, and Planning Commission).
ACTION:
Councilmember Davis moved to approve the minutes. Councilmember Salas
seconded the motion, and it carried 5-0.
4. SPECIAL ORDERS OF THE DAY
City Clerk Bigelow administered the oath of office to Safety Commissioner Jose A.
Lopez, and Councilmember Salas presented Mr. Lopez with a certificate of
appointment.
Cathy Miller, Juvenile Division Secretary, and Pamela Powers, Community Service
Officer from the Police Department, received the Employees Recognition Award of
the Month. Chief Emerson spoke of their accomplishments, and Mayor Horton
presented them with proclamations.
Kundirana '99, a touring musical group of high school students from the Phillippines,
performed.
Mayor Horton proclaimed April as "Spring Clean Your Closet Month." Mayor
Hotton presented the proclamation to SyIvia McKinney, Executive Director of Suits
You San Diego.
SPECIAL ORDERS OF THE DAY (Continued)
Terry Thomas discussed the upcoming trip to Odawara and membership in Friends
of Odawara, and Friends lrapuato. The Odawara trip is scheduled from May 20-
30, 1999, and Ms. Thomas extended an invitation for the community to participate.
Mayor Horton proclaimed April 9-15, 1999 as National Telecommunications Week.
Patti Holian, Police Department Lead Communications Operator, received the
proclamation from Councilmember Salas.
CONSENT CALENDAR
(Items 5 through 18)
Consent Calendar items #6 and #15 were continued. Mayor Horton removed Item #13 and
Councilmember Davis removed Item #16 for separate consideration.
5. WRITTEN COMMUNICATIONS
Letter from the City Attorney stating that the City Council did not meet in Closed
Session on March 23, 1999.
Staff recommendation: The letter be received and filed.
Letter from Barry A. Russell, Ph.D., Cultural Arts Commission Member, requesting
funding to support the Seventh Chula Vista Classical Music Competition on May 22,
1999.
Staff recommendation: Council fund the request for $500 for this year's event. In
fiscal year 1999/2000, the music competition will be incorporated into the Library and
Recreation budget for cultural arts.
Letters of resignation from the Human Relations Commission - Maria N. Perman;
Board of Ethics - Richard D. Schulman; and Housing Advisory Commission -
Margaret Helton.
Staff recommendation: The resignations be accepted with regret and the City Clerk
be directed to post immediately according to the Maddy Act in the Clerk's Office and
the Public Library
RESOLUTION 19385, ADOPTING PROPOSED COUNCIL POLICY ON USE OF CITY
OF CHULA VISTA DISCLOSURE FORM (CONTINUED FROM MARCH 16, 1999)
Council recently voted to amend Municipal Code Section 2.52.040, redefining the term
"contribution." During that discussion, reference was made to the "City of Chula Vista
Disclosure Statement" form. This is a form the applicant or contractor for a project
Page 2 04/13/99
CONSENT CALENDAR (Continued)
completes prior to any discretionary action being taken on their project. The Attorney's
Office was requested to review the form and return to Council with a revised form
incorporating the recent changes to the C ity's definition of campaign contribution.
Staff recommendation: Continue to April 27, 1999. (City Attorney)
RESOLUTION 19413, AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR THE
CITY CLERK'S OFFICE BY APPROPRIATING $20,000 FROM THE AVAILABLE
FUND BALANCE IN THE GENERAL FUND TO THE CITY CLERK' S BUDGET; AND
DIRECTING STAFF TO ENTER INTO A CONTRACT WITH CODE PUBLISHING,
INC. FOR MUNICIPAL CODIFICATION SERVICES IN AN AMOUNT NOT TO
EXCEED $20,000 (4/5TH'S VOTE REQUIRED)
On November 10, 1998, the City issued Request for Proposals Number 6-98/99 to update and
maintain the Municipal Code. Services are to scan, reformat and digitize the Code, proofread
the revised Code, supplement the Code with ordinances and graphics adopted since the last
update, provide the City with both paper and computer (CD) versions of the new Code, and
provide quarterly supplements in the future, in both paper and computerized form, in order
to keep the Code as current as possible at all times.
Staff recommendation: Council adopt the resolution. (City Clerk)
RESOLUTION 19414, APPROVING AN AMENDMENT TO THE UNISYS COMPUTER
AIDED DISPATCH CONTRACT SUBSTITUTING MAINTENANCE SERVICES FOR
ADDITIONAL HARDWARE, SOFTWARE AND SERVICES
This Resolution amends the Unisys CAD contract to offset maintenance services with
additional computers.
Staff recommendation: Council adopt the resolution. (Director of Management and
Information Services)
RESOLUTION 19415, ACCEPTING $4,600.50 FROM THE FRATERNAL ORDER OF
POLICE EXPLORER GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR
THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE CHULA VISTA
EXPLORER POST 831 (4/STH'S VOTE REQUIRED)
In June 1998, the California State Lodge, Fraternal Order of Police, announced the availability
of grant funding for explorer programs. In response, the Police Department submitted a grant
application. On January 11, 1999, the Police Department was presented with a check in the
amount of $4,600.50 from the California State Lodge, Fraternal Order of Police. The grant
stipulates the funds be used exclusively for the benefit of the Chula Vista Explorers Post 831.
Staff recommendation: Council adopt the resolution. (Chief of Police)
Page 3 04/13/99
CONSENT CALENDAR (Continued)
10.
RESOLUTION 19416, ACCEPTING DON ATION TO THE POLICE DEPARTMENT TO
BE UTILIZED BY THE SPECIAL WEAPONS AND TACTICAL TEAM
On February 5, 1999, Mr. Gregory Irving, owner of Armored Transport Incorporated,
located at 1612 W. Pico Blvd., Los Angeles, California, contacted staff to donate a 1988
GMC armored transport vehicle. The vehicle had been rotated out of Mr. Irving's armored
fleet. The vehicle is in excellent operational condition. Mr. Gene Copeland, a Branch
Manager from Armored Transport, estimated the value of the vehicle to be approximately
$45,000.
Staff recommendation: Council adopt the resolution. (Chief of Police)
11.
RESOLUTION 19417, APPROVING APPROPRIATION OF UNANT1CIPATED
REVENUES IN THE AMOUNT OF $2,887.70 FROM THE PEACE OFFICERS
STANDARDS AND TRAINING (P.O.S.T.) FOR THE PURCHASE OF A COMPUTER-
BASED MULTIMEDIA SYSTEM FOR TRA1N1NG EMPLOYEES OF THE POLICE
DEPARTMENT (4/5TH'S VOTE REQUIRED)
The Police Department is constantly looking for ways to provide the most current, up to date
training to its employees. The Commission on Peace Officers Standards & Training has
developed a computer-based, multimedia training system and has authorized funds to
reimburse agencies that purchase approved systems and participate in the program. This will
allow the Police Department to further enhance its ability to provide training to its employees
at no cost to the City.
Staff recommendation: Council adopt the resolution. (Chief of Police)
12.
RESOLUTION 19418, APPROPRIATING UNANTICIPATED REVENUES IN THE
AMOUNT OF $3,250 FROM THE SAN DIEGO ABANDONED VEHICLE SERVICE
AUTHORITY FOR PURCHASE OF A LAPTOP COMPUTER WITH SOFTWARE AND
DIGITAL CAMERA FOR THE ABANDONED VEHICLE ABATEMENT PROGRAM
(4/STH'S VOTE REQUIRED)
On March 9, 1999, the San Diego Abandoned Vehicle Abatement Service Authority approved
purchase of a laptop computer and digital camera for the Chula Vista Police Department
Abandoned Vehicle Abatement Program. The laptop computer will allow the Abandoned
Vehicle Abatement officer to track all abatement cases and retrieve DMV information in the
field and the memory card will enable staff to take digital pictures of all abated vehicles.
Staff recommendation: CounciI adopt the resolution. (Chief of Police)
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CONSENT CALENDAR (Continued)
14.A.
RESOLUTION 19420, APPROV1NG FINAL MAP OF TRACT NUMBER 99-01, EASTLAKE
SOUTH GREENS, UNIT 18, ACCEPTING ON BEHALF OF THE CITY PUBLIC AND
STREET EASEMENTS GRANTED 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
RESOLUTION 19421, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 99-01, EASTLAKE SOUTH GREENS, UNIT 18, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NUMBER 19327 AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On July 18, 1989, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake
South Greens. On January 5, 1999, Council approved the Tentative Subdivision Map for Tract
99-01, EastLake South Greens, Unit 18
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
15.
RESOLUTION 19422, APPROVING THE FIRST AMENDMENT TO THE
ACQUISITION/FINANCING AGREEMENT WITH MCMILLIN OTAY RANCH FOR
COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH
SPA ONE)
On December 8, 1998, Council approved the Acquisition/Financing Agreement for
Community Facilities District Number 97-3. The agreement set forth the conditions and
procedures for acquiring the improvements from the developer. The amendment will ensure
that the Acquisition/Financing Agreement is consistent with the applicable terms and
conditions of the Olympic Parkway Agreement.
Staff recommendation: The item be continued. (Director of Public Works)
17.
RESOLUTION 19424, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"PAVEMENT REHABILITATION PROGRAM - FISCAL YEAR 1998/99 (STL242)"
PROJECT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO UTILIZE
ANY REMAINING FUN DS WITH IN THIS PROJECT FOR THE REHABILITATION OF
ADDITIONAL STREETS
The Pavement Rehabilitation Prograin is an annual commitment by Council to maintain the
City's infrastructure. To this effect funds were budgeted during the fiscal year 1998/99
Capital Improvement Program for this program. The rehabilitation of existing street
pavement is necessary to cost effectively extend its life and avoid further deterioration of the
pavement and base material. Failure to rehabilitate will subsequently result in an accelerated
rate of deterioration, which would ultimately result in full reconstruction of the pavement.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
Page 5 04/13/99
CONSENT CALENDAR (Continued)
18.
RESOLUTION 19425, APPROVING AN AMENDMENT TO THE CHULA VISTA
PORTION OF THE 1998-2004 REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS, SANDAG
On April 7, 1998, Council held a public hearing and approved a resolution adopting the 1998-
2004 six year Regional Transportation Improvement Program (RTIP). On July 24, 1998, the
SANDAG Board of Directors adopted the RTIP including the TRANSNET program of
projects. The RTIP covers fiscal years 1998 through 2004. This is Chula Vista's first
amendment to the 1998-2004 RTIP and primarily concerns changes to the cost estimates and
schedules of projects in the biennial element of the RTIP. The SANDAG Board of Directors
will consider amendments at its June/July meeting. The deadline for local agency project
submittals to amend the RTIP is April 19, 1999.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ACTION:
Mayor Horton moved to approve staff recommendations and offbred Consent
Calendar Items # 1 through #12, #l4, #15,# 17 and #18, headings read, texts waived.
The motion carried 5-0.3
13.
RESOLUTION 19419, INCREASING THE ANNUAL EXPENDITURE LIMIT WITH
ESGIL CORPORATION TO PROVIDE PLAN CHECK ENGINEERING SERVICES,
AND AMENDING BUDGET TO TRANSFER FUNDS FROM SALARY AND BENEFIT
SAVINGS TO PROFESSIONAL SERVICES TO COVER THE INCREASE
In June 1998, Council approved an agreement with Esgil Corporation to provide plan check
engineering services for the Depamnent of Building and Housing on an as-needed basis. The
resolution established a maximum expenditure of $100,000 for services during fiscal year
1998/99. Due to a higher than anticipated increase in construction activity and difficulties in
recruiting and retaining qualified full-time Plans Examiners, the Department of Planning and
Building is requesting this limit be raised by $75,000 in order to cover existing financial
commitments and to address a continuing need for these services throuogh the remainder of
the fiscal year.
Staff recommendation: Council adopt the resolution. (Director of PIanning and Building)
Mayor Hotton suggested that the City should perhaps consider hiring specialized staff to perform
these services.
ACTION:
Mayor Horton then offered Resolution #19419, heading read, text waived. The
motion carried 5-0.
Page 6 04/13/99
CONSENT CALENDAR (Continued)
16.
RESOLUTION 19423, WAIVING IMMATERIAL DEFICIENCIES, ACCEPTING BIDS
AND AWARDING CONTRACT FOR THE "SHIRLEY STREET SEWER
INSTALLATION FROM NORTH DEL MAR AVENUE TO 480' EASTERLY IN THE
CITY (SW-217)" PROJECT
On February 24, 1999, sealed bids were received. The work to be done consists of installing
a sewer main on Shirley Street between North Del Mar Avenue and Noah Second Avenue.
The work involves trenching, installation of 8" PVC sewer main, installation of sewer laterals,
installation of sewer manholes, asphalt concrete pavement, trench shoring, traffic control,
protection and restoration of existing improvements, and other misceIlaneous work associated
with the project.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
Councilmember Davis asked if the sewer connection was mandatory for the residents. Staff replied
that there is no requirement for homeowners to connect to the sewer line. The cost for connection
is $6,700 per home.
ACTION:
Councilmember Davis then offered Resolution #19423, heading read, text waived.
The motion carried 5-0.
ORAL COMMUNICATIONS
Carolyn Butler, 97 Bishop Street, asked for an explanation of the Brown Act and how meetings will
be broadcast in the future.
Joan Wisser, 834 Lori Lane, asked the Engineering Department to study re-routing traffic out of her
neighborhood.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM WHICH
INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES,
COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT,
AND ADMINISTRATION AND PLANNING (TIME CERTAIN 6:30 P.M.)
Each year, the City undertakes a process to solicit and approve programs and projects eligible
for federal funding. This item addresses the review of the annual Community Development
Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program.
The public hearing provides an opportunity for the public and Council to make comments on
how CDBG and HOME funds can be allocated to meet the City's housing and community
needs.
Staff recommendation: Accept the staff report and direct staff to return on or about May 4,
1999 with the final funding recommendations. (Director of Community Development)
Page 7 04/13/99
PUBLIC HEARINGS (Continued)
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. The following persons requested funds for their respective
programs:
Colleen Fleming, Chula Vista Aquatic Association, to offset fee increases for the use of local pool
facilities and the purchase of equipment.
Kathryn Lembo, Chula Vista Youth Services Netsyork, to provide youth education and counseling
services in the area of tutoring/literacy, fine arts, mentoting, and day camp services.
Britt Berrett and Dennis Doyle, Sharp HealthCare Foundation-Mobile Health Care Clinic, to provide
health care to children whose parents cannot afford health insurance.
Sigourney Richmond-Darbey, The Children's Literary Review, to pique the interest of children in
reading through the publication of a magazine.
Karen Sonora, Meals on Wheels Greater San Diego, to deliver meals to seniors and disabled persons
living in their homes.
Sue Hathaway, St Charles Nutrition Center, to defray the meal cost for low-income seniors, especially
the homebound.
Bill Burfitt, Lutheran Social Services-Shared Housing, to provide low-cost housing options for
individuals interested in sharing their home or for those seeking a home at a reduced cost.
Mal Murphy, Adult Protective Services, to transport disabled elderly Chula Vista residents to the
South Bay Adult Health Care Center.
Peggy Goldstein, County of San Diego Cold Weather Shelter Voucher Program, to provide vouchers
for homeless families and individuals during the severe winter months.
Mark Tucker, Lutheran Social Services-Project Hand, to provide emergency assistance with shelter,
food, clothing, transportation, medication, job search assistance, and utility assistance.
Kathryn Lembo, Chula Vista Family Violence Prevention and Intervention Coalition, to support
education and outreach services to children, youth and families to aid in the prevention of violence.
Jerry Needle, Thursday's Meal program, to provide free hot meals to the homeless and very low
income residents of Chula Vista.
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PUBLIC HEARINGS (Continued)
Bill Burfitt and Char McConney, Lutheran Social Services-Caring Neighbor, to continue providing
health and safety home repairs for seniors.
Steve Plunk, Labor's Community Service Agency, to purchase and install basic home security devices
at no cost to the client as required to receive a license to provide child care.
Sigourney Richmond-Darbey, Christmas in April, to repair and rehabilitate homes of very low income
and/or elderly people in order for them to remain in their homes.
Bernice Jenkins, Southwestern College-South County Career Center, to provide employment services
and placement opportunities.
Erendira Abel, Chicano Federation Micro Loan Program, to provide small loans to Latina women
who are interested in starting a day care facility in their home.
Larry O'Donnell, Border Environnqental Commerce Alliance, to operate a Business Incubator located
in the vacant Western Mutual building.
Emerald Randolph, Boys and Girls Club of Chula Vista, to replace the existing heating and air
conditioning system and to rehabilitate the kitchen facilities at the Oleander site.
Catherine Rodriguez, Feaster-Edison Charter School, to improve the playing field adjacent to Feaster-
Edison.
Annette King, South Bay Family YMCA, for a capital improvement project to rehabilitate a City-
owned building on Fourth Avenue.
Anna Shepard, Regional Task Force on the Homeless, to provide information on the homeless
population to local agencies.
Mary Scott, Fair Housing Council of San Diego, to assist the City in providing fair housing
opportunities and landlord-tenant counseling.
ACTION:
There being no one else wishing to speak, Mayor Horton closed the public hearing
and asked staff to return on May 4, 1999 with recommendations on funding
allocations.
At 8:30, Mayor Horton recessed the meeting. The meeting reconvened at 8:45 p.m., with all
Councilmembers present.
Page 9 04/13/99
PUBLIC HEARINGS (Continued)
20.
PUBLIC HEARING ON CONSIDERATION OF OTAY WATER DISTRICT'S
APPLICATIONS TO PREZONE 509 UNINCORPORATED ACRES AT THE
NORTHERN TERMINUS OF HUNTE PARKWAY TO A-8, AGRICULTURAL, AND TO
OBTA1N A CONDITIONAL USE PERMIT FOR AN 18-HOLE CHAMPIONSHIP GOLF
COURSE AND ASSOCIATED FACILITIES ON THE SITE
ORDINANCE 2777, AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE MUNICIPAL CODE PREZONING 509 ACRES AT THE
NORTHERN TERMINUS OF HUNTE PARKWAY A-8, AGRICULTURAL (FIRST
READING)
RESOLUTION 19426, APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH
AN 18-HOLE GOLF COURSE ON 509 ACRES LOCATED AT THE NORTHERN
TERMINUS OF HUNTE PARKWAY WITHIN THE AGRICULTURAL ZONE
The proposed project consists of prezoning 509 unincorporated acres to A-8, Agricultural,
a prerequisite to annexing the property to the City, and establishing an 18-hole championship
golf course and associated facilities, including a driving range, clubhouse, and other amenities.
Staff recommendation: Council place the ordinance on first reading and adopt the resolution.
(Director of Planning and Building)
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.
Charlie Cassens, Public Affairs Director for the Otay Water District, expressed his appreciation to
staff for their work on this project.
There being no further comments, Mayor Horton closed the hearing.
Mayor Horton noted that one condition of approval was that the revised architectural package of
detailed drawings of the proposed buildings be submitted to the Design Review Committee.
ACTION:
Mayor Horton then offered Ordinance No. 2777 and Resolution No. 19426, headings
read, texts waived. The motion carried 5-0.
Page 10 04/13/99
PUBLIC HEARINGS (Continued)
21.
PUBLIC HEARING ON PCM 95-0 IB, AN APPLICATION TO AMEND THE OTAY
RANCH SPA ONE PUBLIC FACILITIES FINANCING PLAN (PFFP) TO AMEND THE
SECURITY THRESHOLD FOR OLYMPIC PARKWAY CONSTRUCTION AND
AMEND THE PFFP FOR PHASE 7 OF VILLAGE ONE AND VILLAGE ONE WEST
AREA (CONTINUED FROM MARCH 23, 1999)
RESOLUTION 19408, AMENDING THE OTAY RANCH SECTIONAL PLANNING
AREA PLAN PUBLIC FACILITIES FiNANCE PLAN
On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted
by Council as pan of the SPA One Plan for Villages One and Five. The SPA One PFFP
established thresholds for public improvements serving these two villages, including Olympic
Parkway. In order to expedite the improvements of Olympic Parkway, a financing plan with
security for construction has been negotiated with the Otay Ranch Company and McMillin
Companies. An amendment to the SPA One PFFP has been proposed to establish security
thresholds so that Otay and McMillin can equitably share in the number of units as the
Olympic Parkway thresholds are achieved. In addition, on February 16, 1999, Council
approved an amendment to the Otay Ranch SPA One Plan for the Village One Core - Phase
Seven (Purple Phase), and the area of Village One west of Paseo Ranchero (Village One
West). The amendment to the SPA One PFFP for these areas was consolidated with the
Olympic Parkway amendment in order to bring one amended PFFP forward for Council
approval.
Staff recommendation: Council continue this item. (Director of Planning and Building)
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.
ACTION:
Councilmember Padilla moved to continue the hearing. CounciImember Davis
seconded the motion, and it carried 5-0.
ACTION ITEMS
22.A.
RESOLUTION 19427, AMENDING THE FISCAL YEAR 1998/99 BUDGET,
iNCREASING APPROPRIATIONS FOR THE PLANNING AND BUILDiNG
DEPARTMENT BASED ON UNANTICIPATED DEVELOPER REIMBURSEMENTS
FOR CONSULTiNG SERVICES FOR COMPLETION OF THE PARK MASTER PLAN,
GREENBELT MASTER PLAN, PARK FINANCING STUDY, AND MULTIPLE
SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTiNG
AGREEMENT
Page 11 04/13/99
ACTION ITEMS (Continued)
RESOLUTION 19428, AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR THE
PLANNING AND BUILDING DEPARTMENT TRANSFERRING FUNDS FOR
PLANNING AND ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE
UNIVERSITY SITE
RESOLUTION 19429, WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING THE AGREEMENT WITH PBR CONSULTANTS FOR THE
PREPARATION OF A CITY-WIDE PARKS MASTER PLAN, GREENBELT MASTER
PLAN AND PARKS FINANCING STUDY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
RESOLUTION 19430, WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING THE AGREEMENT WITH MNA CONSULTING FOR CONSULTING
SERVICES FOR THE COMPLETION AND ADOPTION OF THE CITY OF CHULA
VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
In order to provide for long-term plans and policies for Parks and Open Space to be used for
new development projects, it will be necessary to expedite the completion of the Parks Master
Plan, Greenbelt Master Plan, Parks Financing Study and the City's Multiple Species
Conservation Program (MSCP) Subarea Plan. Therefore, staff is requesting that Council
authorize the hiring of consulting services to complete these documents. A Request for
Proposals was issued and a selection process administered for the Parks Master Plan,
Greenbelt Master Plan, and Parks Financing Study. Likewise, a proposal has been received
for services necessary to complete the MSCP Subarea Plan.
Staff recommendation: Council adopt the resolutions. (Director of Planning and Building)
Planning Director Leiter explained the various plans and financing study. Councihnember Salas asked
about the fiscal impact of the City's contribution of $49,000. Staff replied that the amount is the
value of in-kind services of city staff time.
ACT I ON:
Councilmember Davis offered Resolution #19427, Resolution #19428, Resolution
#19429, and Resolution #19430, headings read, texts waived. The motion carried
5-0.
23.
RESOLUTION 19409, ACCEPTING THE FINAL REPORT FROM KIMLEY-HORN &
ASSOCIATES, INC. FOR THE FEASIBILITY AND FINANCING STUDY OF OLYMPIC
PARKWAY FROM BRANDYWINE AVENUE TO HUNTE PARKWAY (CONTINUED
FROM MARCH 23, 1999)
Page 12 04/13/99
ACTION ITEMS (Continued)
This report represents the consultant's (Kimley-Horn & Associates, Inc.) findings for the
feasibility and financing study to construct Olympic Parkway from Oleander Avenue to one
mile east of SR-125; and identifies project constraints and opportunities in terms of funding,
traffic needs, timing, phasing, environmental requirements, and a comprehensive project
schedule.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
This item was discussed in conjunction with Item #24, below.
24.
RESOLUTION 19431, AUTHORIZING THE CITY ENGINEER TO PROCESS PLANS
FOR THE CONSTRUCTION OF OLYMPIC PARKWAY FROM THE EASTERN
BOUNDARY OF THE SUNBOW PROPERTY TO A POINT ABOUT ONE MILE EAST
OF THE PROPOSED SR-125; ADOPTING THE ENVIRONMENTAL INITIAL STUDY
AND MITIGATED NEGATIVE DECLARATION AND FINDINGS OF FACT FOR THE
OLYMPIC PARKWAY EXTENSION
This resolution authorizes the City Engineer to process the necessary plans for the extension
of Olympic Parkway east of the Sunbow Project to approximately SR-125, through Poggi
Canyon. The proposed road extension follows the alignment studied in the Kimley-Horn
Feasibility Study. The extension would traverse the Sunbow, Otay Ranch, and EastLake
developments. In order to accommodate the runoff that currently runs through Poggi
Canyon, as well as additional runoff from future development, the road extension plan
includes an earthen channel with detention facilities, similar to the Telegraph Canyon Channel
facilities. The design of the detention facilities and earthen channel for the extension of
Olympic Parkway through Poggi Canyon includes mitigation tbr project-related impacts to
wetland resources. In conjunction with this resolution, Council is being asked to consider and
adopt a proposed mitigation negative declaration and initial study for the project under the
California Environmental Quality Act. The proposed mitigated negative declaration is a tiered
document that reflects and incorporates previous environmental review prepared for the
City's General Plan and the Otay Ranch, EastLake, and Sunbow development projects.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
Staff presented a report on Agenda Items #23 and #24.
Councilmember Moot noted that in the environmental document, the Resource Conservation
Commission opposed the issuance of the mitigated negative declaration and cited specific examples.
He asked if those issues cited were addressed in previous environmental impact reports. Staff replied
that many of the issues were addressed in previous documents.
Councilmember Salas asked if the mitigation included more acreage of wetlands than previously
noted. Staff replied that the amount of wetlands to be impacted by actual construction was greater
than identified in previous environmental impact reports. Councilmember Salas asked if the area of
the wetlands was a moving target, dependent on rainfall, and if any new wetlands were created.
Page 13 04/13/99
ACTION ITEMS (Continued)
Keith Merkel, consultant for biological resource issues, stated that there are more wetlands today due
to additional rain and development in the watershed, which means more water runoff He stated that
wetlands change over time.
Councilmember Padilia stated that there were concerns about the negative declaration expressed at
the public hearing held by the Resource Conservation Commission. He asked that staff address those
concerns.
Jim Pew, San Diego Audubon Society, urged the Council to reject the resolution because he felt the
mitigated negative declaration was not adequate. He stated that Poggi Canyon and the creek need
to be protected, not buried. He asked that the project be revised to minimize the impact to the
wetlands and that the CEQA document be upgraded to adequately address water quality and
groundwater issues, and to investigate less damaging alternatives.
Mr. Merkel stated that the Resource Management Plan is a valid mechanism for dealing with upland
impact mitigation. It is an implementation document that addresses mitigation on a habitat basis, and
it is designed to address impacts on a landscape rather than piecemeal basis. The acreage of wetlands
being set aside has been increased from 7.96 to 9.28 acres, and the quality of wetlands has been
upgraded in terms of their structural components. The present wetlands are in a predominantly
agricultural area, as opposed to being adjacent to native habitats. In their current condition, they are
limited to what they can support from a biological context because the adjacent buffer areas are open
space as opposed to structured habitat space.
John Mattox, CEQA consultant, stated that the mitigated negative declaration is a good faith attempt
at mitigation measures imposed in previous environmental impact reports.
ACTION:
Mayor Horton then offbred Resolutions #19409 and #1943 l, headings read, texts
waived. The motion carried 5-0.
25.
RESOLUTION 19410, APPROVING AN AGREEMENT FOR THE FINANCING AND
CONSTRUCTION OF OLYMPIC PARKWAY PHASE l, II, AND Ill WITH MCMILLIN
OTAY RANCH LLC AND OTAY RANCH PROJECT LLC (CONTINUED FROM
MARCH 23, 1999)
The purpose of this item is to outline a financial plan for Olympic Parkway Phases I, II, and
III, which extends from Brandywine Avenue to SR-125. The goal is to outline the project
costs and how they apply to each party~ to establish time frame milestones for the various
work components such as grading, channel and roadway construction, to establish financial
guarantees to secure the work, to decide how the work will be paid for and by whom, and to
construct the road when needed. In addition, and equally important, to make sure that
development does not outpace the road construction or result in an unacceptable level of
service on Telegraph Canyon/Otay Lakes Road.
Staff recommendation: Council adopt the resolution. (Deputy City Manager)
ACTION: Mayor Horton noted that Item #25 was being continued at the request of staff
Page 14 04/13/99
ACTION ITEMS (Continued)
26.A.
RESOLUTION 19411, APPROVING A FINAL "B" MAP FOR TRACT NUMBER 99-02,
MCMILLIN OTAY RANCH SPA ONE, R-46, ACCEPTING ON BEHALF OF THE CITY
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION,
ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF
GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC
PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM MARCH 23, 1999)
RESOLUTION 19412, APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT NUMBER 99-02, OTAY RANCH, R-46,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
This item is to considerthe approval of Final "B" Map, Subdivision Improvement Agreement,
and Supplemental Subdivision Improvement Agreement for Otay Ranch R-46 (CVT 97-02).
The project consists of 117 condominium units and is known by the marketing name of Capri
by Cornerstone. R-46 is located at the northeast corner of La Media Road and East Palomar
Street.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ACTION: Mayor Horton noted that Item #26 was being continued at the request of statT
27.A.
RESOLUTION 19432, APPROVING A DEFERRAL AGREEMENT WITH CENTEX
HOMES CONCERNING THE DEVELOPMENT OF CERTAIN LOTS IN
NEIGHBORHOODS R-3 AND R-8 OF OTAY RANCH SPA ONE, VILLAGE ONE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION 19433, APPROV1NG FINAL MAP OF TRACT NUMBER 96-04, OTAY
RANCH, VILLAGE ONE, NEIGHBORHOOD R-8, ACCEPTING ON BEHALF OF THE
CITY GENERAL UTILITY AND ACCESS EASEMENTS ON SAID MAPS WITHIN
SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION
FOR STREET AND OTHER PUBLIC PURPOSES AND APPROV1NG THE
SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
RESOLUTION 19434, APPROVING THE SUPPLEMENTAL SUBDIVISION
iMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-04, OTAY RANCH SPA
ONE, VILLAGE ONE, NEIGHBORHOOD R-8 REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 15 04/13/99
ACTION ITEMS (Continued)
Council is requested to consider the approval of an agreement for deferring the development
of certain lots within Neighborhoods R-3 and R-8 of Otay Ranch SPA One, Village One. The
agreement provides that Centex Homes will defer construction of 40 homes in R-8 and 31
homes in R-3, approved on October 6, 1998, in order to obtain final map approval for
Neighborhood R-8. The reduction of 61 Equivalent Dwelling Units (EDUs) will allow
to be approved (with 21 non-deferred homes remaining) and keep the total SPA One EDUs
within the Public Facility Finance Plan (PFFP) limits. The development of the 61 units will be
deferred until full compliance with the PFFP is attained.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ACTION:
Councilmember Padilia offered Resolutions #19432, 19433, and #19434, headings read,
texts waived. The motion carried 5-0.
28.A.
RESOLUTION 19435, APPROVING FINAL MAPS OF TRACT NUMBER 96-04, OTAY
RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9, AND R-14 ACCEPTING ON
BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL
EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTiNG
AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC
PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR
THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND
AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENTS
RESOLUTION 19436, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE FINAL MAPS OF TRACT 96-04, OTAY RANCH, VILLAGE
ONE, NEIGHBORHOODS R-6, R-9, AND R-14 AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENTS
The tentative map for Otay Ranch, Village One, and a portion of Village Five (CVT 96-04) was
approved by Council on November 19, 1996. Council will consider the approval of three Final "B"
Maps within Village One. together with the associated agreements for the "B' Maps.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ACTION: Mayor Horton noted that Item #28 was being continued at the request of staff
OTHER BUSINESS
29. CITY MANAGER' S REPORTS
There were none.
30. MAYOR'S REPORTS
Mayor Horton moved to ratify the appoinhnent of Robert White to the Veterans Advisory
Commission. Councilmember Davis seconded the motion, and it carried 5-0.
Page 16 04/13/99
OTHER BUSINESS (Continued)
31.
COUNCIL COMMENTS
Councilmember Salas commented on a recent postcard campaign used by another city to
encourage Trader Joe's stores to locate within that city and suggested that staff explore a
similar campaign to attract Trader Joe's to Chula Vista.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Graceffa v. City of Chula Vista
The closed session was canceled.
ADJOURNMENT
At 10:10 p.m., Mayor Horton adjourned the meeting.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 17 04/13/99