HomeMy WebLinkAboutcc min 1998/09/01MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, September 1, 1998
4:08 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
ROLL CALL:
PRESENT:
ABSENT:
ALSO PRESENT:
Councilmembers: Moot, Padilla, Rindone (arrived in
Closed Session at 5:25 p.m.), and Salas.
Councilmembers: Mayor Horton (on vacation).
City Manager, David D. Rowlands; City Attorney, John M.
Kaheny; and City Clerk, Beverly A. Authelet
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: June 23, 1998, July 14, 1998, July 28, 1998, August
4, 1998, and August ll, 1998
MSC (Padilla/salas) to approve the minutes as listed. Motion carried 3-0-2
(Hotton and Rindone absent)
4. SPECI~tL ORDERS OF THE DAY: none
CONSENT CALENDAR
(Items pulled: None, but No. 6 and No. 12 were continued to September 15, 1998.)
5. WRITTEN COM~3NICATIONS:
CONSENT CALENDAR OFFERED BY ACTING MAYOR PRO TEM MOOT, headings read, texts
waived, passed and approved 3-0-2 (Morton and Rindone absent).
A. Letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session August 11, 1998, there were
no actions taken which are required under the Brown Act to be reported. Per
staff's recommendation, the letter was received and filed.
B. Letter of Resignation from the Youth Commission - Angela S. Kodicek. Per
staff's recommendation, Angela Kodicek's resignation from the Youth Commission
was accepted with regret and the City Clerk was directed to post inunediately
according to the Maddy Act in the Clerk's Office and the Public Library.
6. RESOLUTION 19145 APPROVING AN INCREASE IN THE NUMBER OF AUTHORIZED HOURS
FOR COUNCIL AIDES FROM FIVE HOURS PER WEEK TO TEN HOURS PER WEEK AND
APPROPRIATING $28,070 FROM AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR RELATED
SALARY AND BENEFIT COSTS - During the July 14, 1998 Council meeting, staff was
Minutes
September 1, 1998
Page 2
directed to return to Council with an item for consideration related to
increasing the authorized hours from five hours per week to ten hours per week
for Council Aides, along with the costs stemming from such an action. Staff
recommends approval of the resolution. (Director of Finance) 4/5ths vote
required.
ACTION: Item was continued since it required a 4/5th vote. Acting Mayor Pro Tem
Moot felt it would be appropriate to have a policy accompanying this item with
respect to employees of the City who also work on political campaigns.
7. RESOLUTION 19146 APPROVING A THREE YEAR CONTRACT WITH UNISYS CORPORATION
FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS COMPUTER AIDED
DISPATCH SYSTEM - In March, 1997, Council approved a contract with Unisys
Corporation for a Police and Fire Computer Aided Dispatch System. The System
went live on August 16 and is functioning well. In order to keep the system
running at peak efficiency, a maintenance contract with Unisys Corporation is
necessary. The proposed contract includes features such as an annual rate cap
and several performance thresholds which must be met by Unisys. Per staff's
recommendation, the resolution was approved 3-0-2 (Horton and Rindone absent).
(Director of Management and Information Systems)
8. RESOLUTION 19147 APPROVING A FIVE YEAR CONTRACT WITH DATA GENERAL
CORPORATION FOR HARDWARE AND SYSTEM SOFTWARE MAINTENANCE OF THE SYSTEM WHICH WILL
OPERATE THE FINANCIAL SOFTWARE - In March, 1998, Council approved an agreement
with Data General Corporation to provide hardware and system software to operate
the new financial management software from Bi-Tech Corporation. This hardware
and system software, which is proprietary in nature, must be maintained in good
working order to allow the City to operate all of its financial applications in
a timely manner. Per staff's recommendation, the resolution was approved 3-0-2
(Horton and Rindone absent). (Director of Management and Information Systems)
9. RESOLUTION 19148 WAIVING THE BIDDING PROCESS AND APPROVING AGREEMENT WITH
UNISYS CORPORATION FOR THE RENEWAL OF SOFTWARE LICENSE FOR THE UNISYS MAINFRAME
COMPUTER FOR EIGHTEEN MONTHS - In September of 1990, the City of Chula Vista
installed a new mainframe computer, the Unisys V-430. Included as part of the
purchase agreement was a five year lease of the system software. The system
software includes the operating system, COBOL compiler, and the data base
management system. All of these software products are proprietary products from
Unisys and are licensed directly from Unisys. In August 1995, Council approved
an extension of the license agreement for an additional three years. The license
agreement will expire in August and must be renewed. The charge for extending
the license for eighteen months is $62,674 and is due upon renewal. Per staff's
recommendation, the resolution was approved 3-0-2 (Horton and Rindone absent).
(Director of Management and information Systems)
10A. RESOLUTION 19149 APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 93-03,
TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 3, UNIT 4, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONAND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On January 19,
1993, by Resolution 16960, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. On October 19, 1993
by Resolution 17278, the City Council amended certain conditions of the
Minutes
September 1, 1998
Page 3
previously approved Tentative Map. The last remaining final maps for said
Tentative Map are now before Council for approval. The Final Map, the
Subdivision Improvement Agreements and the Supplemental Subdivision Improvement
Agreement are now before Council for consideration and approval. Per staff's
recommendation, the resolutions were approved 3-0-2 (Horton and Rindone absent).
(Director of Public Works)
B. RESOLUTION 19150 APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 93-03,
TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 3, UNIT 5, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION 19151 APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 93-03,
TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 3, UNIT 6, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
D. RESOLUTION 19152 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 93-03, TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 3, UNITS
4, 5, AND 6, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS
OF RESOLUTION NO. 16960 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
11. RESOLUTION 19153 GRANTING AN UNDERGROUND ELECTRIC EASEMENT TO SDG&E TO
ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR,
AND/OR MAINTAIN SDG&E FACILITIES AND APPURTENANCES ALONG CITY-OWNED PROPERTY
LOCATED ON LOT "A" OF CHULA VISTA TRACT 97-01, UNIT 2, RANCHO DEL REY, SPA III,
(BOLERO 2) - Chula Vista Tract 97-01, Unit 2, Ranch Del Rey, Spa III (Bolero 2)
is a 177 condominium project located north of Telegraph Canyon Road, south of
East "J" Street, and west of Buena Vista Way. SDG&E proposes to construct
underground communication facilities, natural gas pipelines and appurtenances
under a City emergency access road and is requesting an easement for all
purposes, together with the right of ingress thereto and egress therefrom over
said easement and over other practical routes across City's land. Per staff's
recoeendation, the resolution was approved 3-0-2 (Horton and Rindone absent).
(Director of Public Works)
Acting Mayor Pro Tem Moot stated that the staff report indicated San Diego Gas
and Electric proposes to construct underground communication facilities. He
asked if the construction costs associated with that will be passed on to the
rate payers. He recently saw an article in the newspaper about different
companies when they construct underground communications facilities actually
lease them out. He was curious whether that was something that was contemplated
and if so, any profits from the leasing should be rebated back to the rate payers
if the rate payers were paying for the construction of those facilities. If this
was to be paid by the rate payer and if there was some profit related to the
leasing of that to some Internet Service, then the money should go back to the
rate payer.
Patricia Barnes, representing SDG&E, responded that generally when they leased
anything it goes back to the rate payers, but she was not sure how this one
works. It is a fairly new field that they are getting into. She could get
answers for the Council.
Acting Mayor Pro Tem Moot stated we will pass this tonight and she can get that
information to Council later.
Minutes
September 1, 1998
Page 4
12. RESOLUTION 19154 APPROPRIATING $35,000 FROM UNANTICIPATED REVENUE FROM
CHULA VISTA ELEMENTARY SCHOOL DISTRICT TO CIP PROJECT NO. TF258 FOR THE
MODIFICATION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF BROADWAY AND "E" STREET
(CIP NO. TP258) - This signal project was one of the conditions that City Council
required the Chula Vista Elementary School District (CVESD) to mitigate in
conjunction with ordering the conditioned street vacation of a portion of the 100
block of Jefferson Avenue. CVESD has deposited $36,000 to do the proposed
traffic signal modification and other projects as a condition of the proposed
vacation of Jefferson Avenue. Staff recommends approval of the resolution.
(Director of Public Works) 4/5th vote required.
MSC (Moot/Padilla) to continue item to September 15, 1998. Motion carried 3-0-2
(Horton and Rindone absent).
13A. RESOLUTION 19155 CERTIFYING THE RESULTS OF THE ELECTION FOR COMMUNITY
FACILITIES DISTRICT (CFD) NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35
[SUNBOW II]) - At the Council meeting of August 4, 1998, the City Council held
the public hearing for the formation of Community Facilities District No. 98-3.
This district will fund the perpetual operation and maintenance of open space
slopes, drainage channels, detention basins, medians and parkways of Sunbow II.
Tonight's Council action will certify the results of this special election at
which the qualified electors of the District were asked whether the levy of this
special tax should be authorized and authorize staff to begin the process of
determining the collectible amount for Fiscal Year 1998/1999 and Fiscal Year
1999/2000. Per staff's recommendation, the ordinance was placed on first reading
and the resolution was approved 3-0-2 (Horton and Rindone absent).
B. ORDINANCE 2745 AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW
II]), (first readinq)
13-1. ORDINANCE 2742 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE BY REZONING PART OF PARCEL LOCATED AT 619 EAST
MANOR AVENUE AND 600 BROADWAY AVENUE FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO CT
(COMMERCIAL THOROUGHFARE) (second readinq and adoption). The ordinance was
placed on second reading and adopted 3-0-2 (Horton and Rindone absent).
13-2. ORDINANCE 2743 AMENDING THE MUNICIPAL CODE, TITLE 19, CHAPTER 19.62.100
OF CHANGING THE TIME PERIOD FOR "TEMPORARY" PARKING FROM SIX MONTHS TO TWELVE
MONTHS AND ADDING THE PAVEMENT STANDARDS FOR PRIVATE VEHICULAR AREAS (second
readinq and adoption). The ordinance was placed on second reading and adopted
3-0-2 (Horton and Rindone absent).
13-3. ORDINANCE 2744 AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER 2.17
ESTABLISHING THE PLANNING AND BUILDING DEPARTMENT (second readinq and adoption)
The Ordinance was placed on second reading and adopted 3-0-2 (Horton and Rindone
absent).
* * * END OF CONSENT CALENDAR * * ,
Minutes
September 1, 1998
Page 5
ORAL COI~ICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14A. PUBLIC HEARING - INTENT TO CONSIDER GRANT OF AN EXCLUSIVE GAS AND ELECTRIC
UTILITY FRANCHISE TO SDG&E - This is a grant of a five-year franchise (from July
1, 1998 through June 30, 2003) of the City's exclusive Gas and Electric Utility
Franchise ("Franchise") to San Diego Gas & Electric (SDG&E). Staff recommends
Council place these ordinances on first reading. (City Manager and City
Attorney)
B. ORDINANCE 2746 - GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE, POLES,
WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY
OR PROPER FOR TRANSMITTINGAND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANYAND
ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER, AND OVER THE PUBLIC STREETS AND
PLACES WITHIN THE CITY OF CHULA VISTA (first reading)
C. ORDINANCE 2747 - GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANy, ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE, TO INSTALL, MAINTAIN AND USE PIPES AND
APPURTENANCES TRANSMITTINGAND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER,
ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY
HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA (first reading)
Glen Googins, Assistant City Attorney, stated that since the distribution of the
item, some minor corrections and wording changes were discovered by SDG&E when
they were reviewing the document. Staff recommended that those minor changes be
included in the document, put on first reading, plus any other additional minor
corrections which the City Attorney's Office may recommend.
This being the time and place as advertised, the public hearing was opened.
Addressing Council was:
* Patricia Barnes, 101 Ash Street, San Diego, stated she had no further
comments to make, but was available to answer any questions of the Council.
Councilmember Salas stated that in the staff report, it indicates that an item
in the negotiations that was rather touchy was the fact that the City felt SDG&E
had not been as committed as they should have been in doing some of their
underground utility projects within the City. She was not clear as to what the
outcome was and how we are going to rectify that.
Ms. Barnes replied that is a matter that we still don't agree on. The City at
times feels SDG&E has not pushed forward enough projects during the year. SDG&E
feels that the City has had as many projects as they can handle. In this new
five-year franchise agreement, we are going to commit to spending approximately
$2 million a year for six years for a total of $13.14 million. They felt it was
very ambitious. SDG&E thinks the City will have a hard time keeping up with
that, because there are other commitments besides having SDG&E pay to underground
utilities. There are street improvements , landscaping, sewer work associated
with an under grounding. The City has a commitment of monies as well. If it
works, then we should pursue it for the years after that.
Minutes
September 1, 1998
Page 6
Councilmember Salas asked staff if they believed it was true that the reason we
are not on schedule with the under grounding of utilities is that we don't have
our part of the staffing in place to be able to complete those projects.
Sid Morris, Assistant City Manager, responded that staff has reviewed this in
detail and believe this is something we can accomplish. We may have had some
disagreements with SDG&E in the beginning of this, but we believe we have the
framework for projects that will carry us through to the fruition of this
franchise agreement. We have also had follow up with the other utilities that
could have an impact on this encouraging them to participate in as timely a
manner as possible. We have received their recognition that it is important to
the City and that they are going to give it their best effort to try to make the
accomplishment as well. We believe that we have gotten good faith from SDG&E and
from our staff and this lays the framework for getting things done.
There being no one else indicating a desire to address the Council, the public
hearing was closed.
ORDINANCES 2746 AND 2747 WERE PLACED ON FIRST READING BY ACTING MAYOR PRO TEM
MOOT, headings read, texts waived, passed and approved 3-0-2 (Morton and Rindone
absent).
15A. PUBLIC HEARING - REGARDING THE ADJUSTMENT OF THE TELEGRAPH CANYON SEWER
DEVELOPMENT IMPACT FOR GRAVITY FLOWS - On October 27, 1992, Council adopted
Ordinance 2533 establishing the Telegraph Canyon Sewer Development Impact Fee.
This fee was established to provide sewer improvements within the Telegraph
Canyon Sewer Basin to handle the incremental increases in sewage flow anticipated
within the Basin. The established fee is $184 per Equivalent Dwelling Unit
(EDU). It is time to revisit this fee and update it in accordance with the
Ordinance which requires inflationary adjustment based On the Engineering News
Record (ENR) "Construction Cost Index". Any increase in this fee must have
Council approval. The subject resolution, if approved, will increase the fee to
$216.50 per EDU. It is important to note that this fee increase is necessary to
cover cost increases to build the originally proposed facilities. Staff
reconunends approval of the resolution. (Director of Public Works)
B. RESOLUTION 19156 - APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE FOR
THE TELEGRAPH CANYON SEWER DEVELOPMENT IMPACT FEE AS PROVIDED FOR IN ORDINANCE
NO. 2533.
This being the time and place as advertised, the public heading was declared
opened. There being no one indicating a desire to address the Council, the
public hearing was closed.
RESOLUTION 19156 OFFERED BY ACTINGMAYOR PRO TEM MOOT, heading read, text waived,
passed and approved 3-0-2 (Horton and Rindone absent).
*****
Since items 16, 17, 18, and 19 involved McMillin, a client of his employer,
Acting Mayor Pro Tem Moot handed the gavel over to Councilmen~ber Padilla.
Acting Mayor Pro Tem Padilla stated that since there now existed a lack of
quorum, the items needed to be continued to the September 15, 1998 meeting. The
gavel was then handed back to Mr. Moot.
Minutes
September 1, 1998
Page 7
16A. PUBLIC hEARING - REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS
INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE
MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) pURSUANT TO THE
PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE pURPOSE
OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR
ALL OR A PORTION OF SUCH PUBLIC SERVICES - On July 28, 1998, Council approved
the Resolution of Intention to form Community Facilities District No. 97-1 and
set the public hearing for September 1, 1998. This district will fund the
perpetual operation and maintenance of open space slopes, drainage channels,
detention basins, medians and parkways of Otay Ranch SPA I, Villages 1 and 5.
Tonight's action will continue the formal proceedings leading to the
establishment of CFD No. 97-1. Staff recommends approval of the resolutions.
(Director of Public Works) Item was continued to September 15, 1998.
B. RESOLUTION 19157 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMNUNITY FACILITIES DISTRICT
NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 &
5]).
C. RESOLUTION 19158 - FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]
AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS.
17A. PUBLIC HEARING - REGARDING THE DECLARATION BY TRE CITY COUNCIL OF ITS
INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) PURSUANT TO THE PROVISION OF THE "MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982", FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES
THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC
SERVICES AND THE INTENT TO AUTHORIZE A SPECIAL TAX TO PAY FOR ALL OR A PORTION
OF SUCH PUBLIC SERVICES - On July 28, 1998, Council approved the Resolution Of
Intention to form Community Facilities District No. 97-2 and set the public
hearing for September 1, 1998. This district will fund the perpetual operation,
maintenance and monitoring of the Otay Ranch Habitat Preserve. Tonight's action
will continue the formal proceedings leading to the establishment of Community
Facilities District No. 97-2. Staff recommends approval of the resolutions.
(Director of Public Works) Item was continued to September 15, 1998.
B. RESOLUTION 19159 - MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT).
C. RESOLUTION 19160 - FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT) AND AUTHORIZING THE SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS.
18A. PUBLIC HEARING - REGARDING THE DECLAMATION BY THE CITY COUNCIL OF ITS
INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE
MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST,
6,7 & PLANNING AREA 12]) PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982", FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES
THROUGH THE LEVY OF A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC
SERVICES AND THE INTENT TO AUTHORIZE SPECIAL TAX TO PAY FOR ALL OR A PORTION OF
SUCH PUBLIC SERVICES On July 28, 1998, Council approved the Resolution of
Intention to form Community Facilities Districts Nos. 98-1 and set the public
Minutes
September 1, 1998
Page 8
hearing for September 1, 1998. This district will fund the perpetual operation
and maintenance of open space slopes, drainage channels, detention basis, medians
and parkways built in conjunction with Otay Ranch SPA One, Villages 1 and 5 but
providing benefit to areas located outside SPA One. Tonight's action will
continue the formal proceedings leading to the establishment of Community
Facilities Districts Nos. 98-1. Staff recommends approval of the resolutions.
(Director of Public Works) Item was continued to September 15, 1998.
B. RESOLUTION 19161 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE COMMUNITY FACILITIES DISTRICT REPORT FOR COMMUNITy
FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [OTAY
PROJECT, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7, & PLANNING AREA 12]).
C. RESOLUTION 19162 - ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 98-1
(INTERIM OPEN SPACE MAINTENANCE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES
1 WEST, 2, 2 WEST, 6, 7, & PLANNING AREA 12]) AND AUTHORIZING THE SUBMITTAL OF
LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES TO THE QUALIFIED
ELECTORS.
19A. PUBLIC HEARING - REGARDING THE DECLARATION BY THE CITY COUNCIL OF ITS
INTENTION TO ESTABLISH COMMUNITy FACILITIES DISTRICT NO. 98-2 (INTERIM OPEN SPACE
MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY - SPA TWO, VILLAGES 6 & 7])
PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITy FACILITIES ACT OF 1982",
FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC SERVICES THROUGH THE LEVY OF A
SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES AND THE INTENT
TO AUTHORIZE A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF SUCH PUBLIC SERVICES
On July 28, 1998, Council approved the Resolution of Intention to form Community
Facilities Districts Nos. 98-2 and set the public hearing for September 1, 1998.
This district will fund the perpetual operation and maintenance of open space
slopes, drainage channels, detention basins, medians and parkways built in
conjunction with Otay Ranch SPA One, Villages 1 and 5 but providing benefit to
the areas located outside SPA One. Tonight's action will continue the formal
proceedings leading tot he establishment of Community Facilities District Nos.
98-2. Staff recommends approval of the resolutions. (Director of Public Works)
Item was continued to Septen~3er 15, 1998.
B. RESOLUTION 19163 MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON
PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMa4UNITY FACILITIES DISTRICT
NO. 98-2 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY
SPA TWO, VILLAGES 6 & 7]).
C. RESOLUTION 19164 - FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
N0. 98-2 (INTERIM OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY
SPA TWO, VILLAGES 6 & 7]) AND AUTHORIZING THE SUBMITTAL OF LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS.
BOARD AND COMMISSION RECOMMENDATIONS
None Submitted.
ACTION ITEMS
None Submitted.
Minutes
September 1, 1998
Page 9
ITEMS PULLED FROM THE CONSENT CALENDAR
Item 12 was pulled, but later continued to 9/15/98 meeting
OTHER BUSINESS
27. CITY Fa%NAGER'S REPORT(S)
City Manager Rowlands reminded Council that there would be no Council meeting on
September 8, 1998.
28. MAYOR'S REPORT(S)
Ratification Of appointments:
Growth Management Oversight Commission - Gustavo Perez (to fill a vacancy created
by Commissioner Peter, whose term expired on June 30, 1998).
Economic Development Commission - William Tunstall (to fill a vacancy created by
Commissioner Reynolds, whose term expired on June 30, 1998).
International Friendship Commission - Oscar Garcia (to fill a vacancy created by
Commissioner Schlegel, whose term expires June 30, 2000)
Library Board of Trustees - Maryellene Deason (to fill a vacancy created by
Commissioner Alexander, whose term expired on June 30, 1998).
Design Review Commission Cheryl Mestler (to fill a vacancy created by
Commissioner Spethman, whose term expired on June 30, 1998).
Child Care Commission - Samuel Russo (to fill a vacancy created by Commissioner
Hartman, whose term expired on June 30, 1998) and Emerald Randloph, Ex-officio
(to fill a vacancy created by Commissioner Robinson, whose term expired on June
30, 1998).
MSC (Padilia/Moot) to ratify the appointments as listed. Motion carried 3-0-2
(Morton and Rindone absent).
29. CO~CIL COF~4ENTS - There were none.
The meeting adjourned at 4:30 p.m.
ADJOURNMENT
Respectfully submitted,
~Authelet, CMC/AAE
City Clerk