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HomeMy WebLinkAboutcc min 1998/04/28NINUTES OF A REGIILAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 28, 1998 6:06 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers: Moot, Padilla (arrived at 6:13 p.m. and left at 7:17 p.m.), Rindone, Salas, and Mayor Horton. Councilmembers: None City Manager, David D. Rowlands; City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline Long 2. FLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: March 31, 1998. MSC (Salas/Rindone) to approve the March 31, 1998 minutes. (Padilia absent). Motion passed 4-0-1 4. SPECIAL ORDERS OF THE DAY: A. A Proclamation commending the Detwiler Foundation was presented by Mayor Horton to Gene Yee, representing Eastlake Elementary School. The Detwiler Foundation presented the school with 50 IBM platform computers including keyboards, mouses, and new color monitors. B. Presentation of an award by Mayor Horton in the Fair Housing Advocate category to Juan Arroyo, Housing Coordinator, that was received on April 22, 1998 at the Fair Housing Council of San Diego Awards Luncheon. C. Chief Emerson announced that Chula Vista Police Department won first place in the 300 Division and 16th overall out of 204 teams at the Challenge Cup run from Baker to Los Vegas. Council adjourned to a Closed Session at 6:20 p.m. 6:37 p.m. with all members of the Council present). The meeting reconvened at CONSENT CALENDAR (Items pulled: 14A and 148) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR MORTON, waived, passed and approved 5-0. headings read, texts 5. 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 4/21/98, that there were no reportable actions which are required under the Brown Act to be reported. It was approved 5-0 to receive and file the letter. B. Verbal resignation from the International Friendship Commission - Jerry Schlegel. It was approved 5-0 to accept the resignation with regret and to direct the City Clerk to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Minutes April 28, 1998 Page 2 6. ORDINANCE 2727 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (second readinq and adoption) - It is recommended that the contract be amended between the City and the Board of Administration of the California Public Employees' Retirement Board to provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local safety members. During the negotiations process for Fiscal Year 1997/98, PERS notified the City that there were sufficient savings in the Miscellaneous and Safety Survivors benefits accounts to allow increasing this option to the fourth level. There is a separate Survivors benefits account for the Miscellaneous retirement members, which has sufficient funds to increase this option to the fourth level without any costs being passed on to the City for 25 years. There are also separate survivor benefits accounts for the safety units of Police and Fire. The Police account has surplus funds to cover the increased cost for three years, while the Fire account has surplus funds for only one year. The ordinance was placed on second reading and was adopted 5-0. (Budget Manager) 7. ORDINANCE 2729 AMENDING SECTION 8.20.025 OF THE MUNICIPAL CODE RELATED TO VENDING VEHICLES - RESTRICTIONS NEAR ELEMENTARY SCHOOL FACILITIES (second readinq and adoption) City staff has been experiencing a problem in dealing with complaints regarding ice-cream vendors in the immediate vicinity of our local schools. A change in the structuring of our schools has created a problem with the language in the ordinance restricting vending vehicles. Additionally, staff feels that there is now a need to incorporate schools, other than elementary schools, into the language of the existing ordinance restricting these vending vehicles. Many of the complaints and reported problems have come from the areas surrounding Middle or Junior High Schools and High Schools. The current language in the Municipal Code does not address these other schools directly. The ordinance was placed on second reading and was adopted 5-0. (Director of Public Works and Chief of Police) 8. ORDINANCE 2730 ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE (second readinq and adoption) The City is currently conducting proceedings for the formation of a Community Facilities District, pursuant to the "Mello-Roos Community Facilities Act of 1982" ("Mello-Roos Act"), to finance the operation and maintenance of the proposed Otay Ranch SPA One Open Space Maintenance District, the Otay Ranch Preserve Maintenance District, and the Sunbow II Open Space District. The proposed ordinance will enable the City to amend the Mello-Roos Act to accomplish the following: (1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"); (2) include maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act"; and (3) establish an operating reserve fund for open space districts. The ordinance was placed on second reading and was adopted 5-0. (Director of Public Works) 9. ORDINANCE 2731 APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING SIDEYARD SETBACKS AND FLOOR AREA RATIO (second readinq and adoption) - The applicant proposes to amend the Sectional Planning Area (SPA) plan for the Sunbow II project. The proposed amendments would change the required sideyard setbacks from 13'/3' (minimum total/one side) to 10'/5', and would increase the allowable floor area ratio from 50% to 55% in the Residential Single Family land use district. The ordinance was placed on second reading and was adopted 5-0. (Director of Planning) 10. RESOLUTION 18963 WAIVING THE CITY'S FORMAL BIDDING PROCESS AND AWARDING A CONTRACT TO A THRU Z CONSULTING TO CONSTRUCT A CLAPPER RAIL AVIARY AT THE NATURE CENTER - This item requests authorization to complete the final phase (III) of the Clapper Rail Exhibit. Entire funding of this project has come from outside sources and no City funds will be used On this exhibit. Council approved Phase I construction and awarded a contract for it on 9/19/95, a contract for Minutes April 28, 1998 Page 3 Phase II construction on 3/26/96, and a final contract and appropriation on 8/26/97 to build the aviary. The final phase consists of construction of the aviary and design and installation of the interpretive features. That contract was awarded to American Steel Builders Inc. who never executed the agreement and returned it to us. They were unable to perform the work and have recommended A Thru Z Consulting for the work. We have purchased cages from A Thru Z in the past and are confident that they can build a fine aviary for us. The resolution was approved 5-0. (Executive Director, Bayfront Conservancy Trust) ll.A. RESOLUTION 18971 APPROVING FINAL MAP OF TRACT NUMBER 97-01, UNIT 2, RANCHO DEL REY SPA III PARCEL R-6 (BOLERO), ACCEPTING ON BEHALF OF THE CITY PUBLIC EASEMENTS GRANTED 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 - On 2/18/97, Council approved the Tentative Subdivision Map for Tract 97-01, Rancho Del Rey SPA III Parcel R-6. The Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement are now before Council for consideration and approval. The resolutions were approved 5-0. (Director Of Public Works) B. RESOLUTION 18972 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 97-01, UNIT 2, R ANCHO DEL REY III PARCEL R-6 (BOLERO) AND AUTHORIZING TBE RAYOR TO EXECUTE SAID AGREEMENT 12. RESOLUTION 18973 ACCEPTING BIDS M AWARDING CONTRACT FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY FISCAL YEAR 1997/98 (ST-513E)", AND AUTHORIZING THE CITY M/LNAGER TO EXECUTE CHANGE ORDERS AS APPROPRIATE TO UTILIZE TBE REMAINING PROJECT FUNDS TO INSTALL MORE RAMPS THAN THOSE BID - On 3/18/98, sealed bids were received. The work to be done consists of removal of curb, gutter, sidewalk, and the construction of pedestrian ramps on various streets in the City. The resolution was approved 5-0. (Director of Public Works) 13. RESOLUTION 18974 APPROVING A PURCHASE AGREEMENT WITH ATS COMPUTERS, INC. TO PROVIDE DESKTOP COMPUTER SYSTEMS ON AN "AS-NEEDED" BASIS THROUGH MARCH 31, 1999, WITH AN OPTION TO RENEW THE AGREEMENT FOR FIVE ADDITIONAL, ONE YEAR PERIODS Specifications for desktop computer systems have been updated and bid out on the open market. The intent of the bid process was to standardize City computer systems requirements and commit to a single supplier over an extended period of time for favorable terms and pricing. The resolution was approved 5-0. (Director of Finance and Director of Management and Information Services) 14.A. RESOLUTION 18975 AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1998/99; THE ISSUANCE AND SALE OF A 1998/99 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM - In order to address cash shortfalls that are projected to occur in the General Fund during Fiscal Year 1998/99 due to the cyclical nature of some Of our major revenue sources, it is recommended that the City take advantage of the opportunity to borrow money on a short-term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the League of California Cities. As has been done during the last two fiscal years, such a borrowing is recommended as an alternative to borrowing from other City funds. The resolutions were approved 5-0. (Director of Finance) B. RESOLUTION 18976 DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR 1998/99 PROPOSED BUDGET APPROPRIATIONS OF $312,800 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $312,800 FROM INVESTMENT OF THE NOTE PROCEEDS Minutes April 28, 1998 Page 4 Item pulled by Councilmember Rindone. He stated that we have only been in this situation two years prior to this year; and hopefully, we will soon not need to borrow. It is also equally important to note that the proposed borrowing is approximately $1 million less than last year which is also a healthy sign; this is going in the right direction. He had a question if the arbitrage was legal. What has been the concern of the arbitrage in relation to municipal cities and the borrowing in the past. Robert Powell, Finance Director, responded that arbitrage in and of itself is not illegal as long as you borrow under the very strict regulations set down by the federal government. What had happened in the past is that many public entities borrowed a very large amount even if they did not need to borrow. They borrowed the cash strictly to be able to invest it and earn arbitrage. Nowadays, you must prove your need to borrow, and you are also limited in the amount you borrow to your maximum deficit plus approximately your normal beginning cash balance. If you should borrow too much, you are then penalized and have to return to the federal government certain amount of that interest earnings. RESOLUTION 18976 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 15. REPORT IN ACCORDANCE WITH CHARTER SECTION 504(f), CONSIDERATION OF TEE FISCAL STATUS REPORT FOR FISCAL YEAR 1997/98 AS OF MARCH 31, 1998 - Section 504(f) of the City Charter requires quarterly and annual fiscal status reports to be filed by the Director of Finance through the City Manager. The report for consideration covers the period of July 1, 1997 through March 31, 1998. The report reflects that the aggregate sources of funds (revenues and transfers-in) are projected to be slightly more than the aggregate uses of funds (expenditures and transfers-out) by approximately $5,000. This variance is so slight as to lead to the conclusion that operations for the year will basically be balanced; i.e. current year funding will cover current year expenditures. These projections are judged to be prudently conservative, and we expect some improvement in these numbers by the end of the fiscal year. The report was accepted 5-0. (Director of Finance) 16. REPORT FORMATION OF THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA) PLAN CITIZENS REVIEW GROUP Trimark Pacific-San Miguel LLC, has submitted applications for the processing of a Sectional Planning Area (SPA) Plan and associated Subsequent Environmental Impact Report for the San Miguel Ranch project. A condition of approval for the previously adopted General Development Plan requires the formation of a citizens committee to provide input into the SPA planning process for the project. Approved 5-0 to postpone the item to May 12, 1998. (Director of Planning) RESOLUTION 18977 ESTABLISHING A CITIZENS REVIEW GROUP FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA PLAN Due to the need for further clarifications regarding member nominations for the Sweetwater Conununity Planning Group, staff requested that action to establish the Group's membership be postponed to the meeting of May 12, 1998. * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS · Joe Altbaum, Director of Operations for Chula Vista Cable, 581 "C" Street, 91910, stated that there have been a number of crimes committed in their back lot and storage yard. Frito Lay, Walashek, and Pacific Wholesale Hardware also submitted written complaints regarding this problem. He felt that the City may own this land. If that were true, he requested that some immediate action be taken to stop these crimes. Minutes April 28, 1998 Page 5 Mayor Horton stated that we will look into this to see if the City owns the property in the back and look into how we can provide special patrol from time to time. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING PCM-98-25; AMENDMENTS TO CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C PLANNED COMMUNITY ZONE OF THE MUNICIPAL CODE PERTAINING TO COMMUNITY PURPOSE FACILITIES - The application, submitted by The Eastlake Company and co- sponsored by the City, proposes to amend Municipal Code Chapters 19.04, Definitions and 19.48, P-C Planned Community Zone. The proposed amendments consist of expanding the definition of Commnunity Purpose Facilities (CPF) to allow open ball fields to the list of permitted uses identified in the Definitions Section; Consolidate CPF requirements and criteria, presently located in different Chapters, into a single Section of the above mentioned P-C, Planned Community Zone; Convert the list of permitted uses into Conditional Use Permit uses; and establish criteria to limit the percentage of the required CPF acreage that may be used for open recreational ball fields within a planned community. The Ordinance was placed on first reading 5-0. (Director Of Planning) ORDINANCE 2732 AMENDING CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C PLANNED COMMUNITY ZONE OF THE MUNICIPAL CODE (first readinq) Robert Leiter, Planning Director, stated that the primary change being proposed is to add recreational ballfields as an allowable use within the Community Purpose Facility designation. In addition, staff has changed these uses from being permitted by right to conditional use permit uses. This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire to address the Council, the public hearing was closed. ORDINANCE 2732 OFFERED BY MAyOR HORTONAND PLACED ON FIRST READING, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 18. PUBLIC HEARING PCM-98-03; AN AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF THE INCORPORATION OF AN AIR QUALITY IMPROVEMENT PLAN AND A WATER CONSERVATION PLAN INTO THE SPA PLAN FOR THE SUNBOW II PLANNED COMMUNITY - AYRES LAND COMPANY - As required by condition number 93 of the Sunbow II Tentative Subdivision Map (Tract 90-07) conditions of approval, the applicant has submitted a SPA Amendment application to incorporate Air Quality Improvement and Water Conservation Plans into the previously adopted Sunbow II Sectional Planning Area (SPA) plan. The resolution was approved 5-0. (Director of Planning) RESOLUTION 18978 APPROVINGANAMENDMENT TO THE SECTIONAL PLANNING AREA pLAN FOR SUNBOW II CONSISTING OF THE INCORPORATION OF An AIR QUALITY IMPROVEMENT PLAN AND A WATER CONSERVATION PLAN INTO THE SPA PLAN No staff report was presented. This being the time and place as advertised, the public hearing was Opened. Addressing Council were: · Bill Ayers, 44 E. Mankato, 91910, stated he wished we would do something with Ayres Land Company to get the storm drain easement across the Veterans Home property. He did not think we should bend over backward to help them until they help us get this storm drain. Councilmember Salas commented she was disappointed with their Water Conservation Plan, because there is a lot of technology evolving now where you can recycle the gray water and save up to 30% on your household water. She did not see anything like this in their Water Conservation Plan. Minutes April 28, 1998 Page 6 Councilmember Rindone expressed that Ms. Salas comments are critical enough to ask staff, if we were to send this back, for some thoughts on this issue. He asked what would be the impact on the proposal before us. Mr. Leiter stated that if the desire was to go back to look at this water plan to see whether there could be specific proposals dealing with gray water incorporated into the plan, he felt we would be looking at a matter of a few weeks to do that. · Bill Hamlin with Ayers Land Company stated that he did not disagree with what has been said and that there are other innovative ways in which they could address within the Water Conservation Plan. They have been back and forth in discussions with city staff on this report for some period of time. He felt this does affect the development Of the first phase of the project which right now has been sold to two home builders, and they are gearing up for construction. He could easily see this impacting their construction. He was concerned that the time has passed on the first phase for them to be implementing those kinds of things. If they were to make changes that affected the entire SPA Plan, it would impact those lots that have already been sold to homebuilders and would change what they have relied upon in discussions with staff. He felt it is a much larger issue, at least on this beginning development, than simply a couple of weeks and some further discussions with staff. Mayor Horton pointed out that Ms. Salas' point was very valid. However, she also understood where Mr. Hamlin was coming from. She felt Council needed to recognize that this area is dual piped, so when we have water reclamation that will assist in the type of programming that Ms. Salas is looking to have included in the project. A pilot program will be implemented in one of the new communities is very costly. When you are talking about $1500 to $2000 per house, that could prevent a family from purchasing a home. We need to consider that and let the pilot program go forward to see how successful it is first before we require other homes to move forward in providing this type of a system. Councilmember Salas stated she understood how $1,000 to $2,000 could really impact the ability to sell a house, but that is looking at something very short range. The more important discussion is that we really have to get serious about looking at water conservation. We only have one source of water which is the Colorado River, and our excess allocations from Arizona and New Mexico are now not being given to California. Mr. Leiter suggested that if Council wanted to move forward on this plan and make it applicable to the current phase of the project and then have at least the gray water concept be looked at in updating that plan prior to future phases that would be a way to provide some additional time for that concept to be reviewed. There are about 400 dwelling units in this particular phase out of about 1900, so there is certainly opportunities in later phases to apply those new concepts if they prove to be feasible. Councilmember Rindone stated Ms. Salas is correct on the long term impact of water. Without a resolution to that issue, there will be no construction of any sort. What Mr. Leiter is proposing is a reasonable compromise because we don't want to act hastily and be exceptionally difficult with a particular guest builder, but the bigger issue does need to be focused on. Councilmember Moot added that what Ms. Salas is suggesting is part of an overall review that the City has to undertake on a variety of conservation issues. As part of our CO2 reduction program that Council approved and agreed in concept to implement a green star program. Me recently learned that the President is proposing in the current national budget substantial tax credits for programs like this that will promote energy conservation, reduction in CO2, and reduction in greenhouse gases. He felt the City in conjunction with this issue ought to look at the global issue within our City about implementing a green star program. We could take advantage of legislation in this year's budget, so we can help the guest builders and developers find the money that will be set aside to implement these programs. Minutes April 28, 1998 Page 7 There being no one else indicating a desire to address the Council, the public hearing was closed. RESOLUTION 18978 AS AMENDED TO INCLUDE THAT THE WATER CONSERVATION PLAN ONLY BE ADOPTED FOR THIS PHASE OF THE PROJECT AND TO BE UPDATED PRIOR TO ANY FUTURE PHASES OFFERED BY COUNCILMEMBER S~J~S, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 19. PUBLIC HEARING PCS-97-02(M); MODIFY TENTATIVE MAP CONDITIONS OF APPROVAL TO ALLOW INSTALLATION OF LANDSCAPINGAND IRRIGATION IN THE PANKWAYS BY INDIVIDUAL HOMEOWNERS - This request is to modify the applicable Tentative Map condition to allow the installation and maintenance of landscaping and irrigation in parkways in single family subdivisions by the individual homeowners, with enforcement by the Master Homeowners Association through Conditions, Covenants, and Restrictions. The resolution was approved 5-0. (Director of Planning) RESOLUTION 18979 APPROVING A MODIFICATION TO CONDITION NUMBER 86 OF THE TENTATIVE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA ONE, ~/~D ADDING FURTHER CONDITIONS THERETO RELATING TO INDIVIDUAL HOMEOWNER MAINTENANCE OF PARKWAYS Councilmember Moot stated he will be abstaining on the item because McMillin was a client of his firm. Mr. Moot left the dais. Rick Rosalet, Principal Planner, stated that last year when McMillin was before the Council seeking approval of the Tentative Map on their portions of Villages I and V of SPA One in the Otay Ranch, they requested to have public streets in their project. At that time, they were requesting that the homeowners be responsible for maintaining the parkways. Mayor Horton stated that this was something that Council voted against before because of our concern about having continuity in the neighborhoods and having a well maintained parkways. Mr. Rosaler responded that we will ensure that the homeowners association's CC&Rs have specific provisions in them for timely enforcement of the provisions. As part of the approval, there are maintenance guidelines that each homeowner will be given for maintaining not only their front yard, but also the parkway. And there are provisions in there for time factors on how long the homeowners association has to respond to a complaint of someone not maintaining their parkway properly. Timely enforcement is within 15 days. Mayor Horton asked if there will be a designated landscaping plan that each homeowner has to comply with. Mr. Rosaler replied that the landscaping plan will be prepared by the guest builder. At this point, staff's direction is that the parkway will be all turf except for a street tree. The Village design guidelines provide for a very specific list of street trees to be chosen. Landscaping plans for those streets will indicate which species and where there locations are. The Planning Commission is recommending that the individual property owner cannot deviate from what is installed. They were concerned about that, and asked that the CC&Rs be prepared in such a way that the property owner could not modify the parkway after it was planted by the developer. Mayor Horton stated that even though there may be an allowance of 15 days, how long, if someone had to actually go forward with some type of legal action, would it take. Will the HOA then go forward and maintain the area even though it is in litigation or they are having problems with a certain homeowner. Mr. Rosaler replied that is the way staff is proposing that the CC&Rs be prepared at this time. Minutes April 28, 1998 Page 8 Councilmember Salas stated that by not requiring the homeowner to take care of the parkway, they would be saving $16-$17 per month. Typically in a project like this, what is the range of HOA fees? Mr. Rosaler responded he believed that was the amount. Most of the HOAS that we are familiar with in Chula Vista range from $50 to $100 depending upon the amount of improvements. Councilmember Salas stated one of her concerns was a neighborhood could take two years to be sold out. The staff report indicates that the builder will landscape the areas, but what happens in between the time they actually landscape the parkway and then actually have a homeowner move in to take over the responsibilities. Who would take care of it in the interim. Mr. Rosaler responded that the guest builder would be responsible for maintaining the landscaping until the property was acquired by an individual homeowner. We will insure that will happen and include it in our review of the landscaping plans. Councilmember Padilla wanted to clarify the language regarding the enforcement provisions that it is incumbent upon the existing HOA at the time to take enforcement action within a certain time frame that would specifically include going ahead and remedying the situation and then seeking civil redress from the particular individual homeowner. That modification is included specifically in enforcement provisions. Mr. Rosaler replied yes. This being the time and place as advertised, the public hearing was opened. Addressing Council was: · Craig Fukuyama, 2727 Hoover Avenue, National City, representing the owners of the project, McMillin DA America Otay Ranch, LLC. He indicated his support for the staff's recommendation, and stated they agreed to all the terms and conditions that are outlined in the staff report. In order to limit the annual tax burden to a homeowner to 2% with the Open Space Maintenance District as a part of that, they have had to go to an HOA. What the HOA will do is to maintain the major slopes. They also looked at the maintenance of the parkways as well. The parkways account for about 10% of the budget. The total budget for the homeowner will be around $60-$80, so 10% is closer to $8 to $10 per month. The original condition insisted that the parkways be maintained by the landscape maintenance district. The City staff has chosen not to use an open space maintenance district for taking care of properties in front of each homeowner, so by default this has fallen on the HOA. What we have done is to create a set of very strict CC&Rs that provides within 15 days a homeowner through the notification of the HOA would be compelled to make modifications and restoration repairs to their landscaping. If that landscaping, maintenance, and irrigation is not performed, then the HOA has the right to perform that. In the event that the homeowner chooses not to, the HOA can fine, bill, and complete those works on their behalf. The other thing that the CC&Rs do provide for is that the City itself, as a beneficiary of the CC&Rs, has the right, but not the obligation, to also seek enforcement of those CC&Re. As part of the CC&Rs, the homeowners will receive a Landscape Maintenance Manual, a document that compels the homeowner to irrigate to a certain amount, trim to a certain level, and a number of other things that a homeowner could look at and be reasonably assured that each homeowner would be taking care of their properties, at least the parkway areas, in a similar manner. Mayor Horton asked how do you go forward and justify when the HOA actually has to step in and try to bring about some type of equity with all the homeowners. How do you describe the standard of what is acceptable and what is not acceptable. Mr. Fukuyama responded that the Landscaping Maintenance Manual will attempt to set that standard. Anything that falls below that standard would be found to be Minutes April 28, 1998 Page 9 in non-compliance with the Manual. The HOA would then have the authority to seek enforcement. Councilmember Salas asked if the CC&Rs will address all of the landscaping, the whole front yard. She agreed there are a whole variety of the way parkways are designed and the way they are kept, but those are older neighborhoods that are not master planned. If you have CC&Rs that are stipulating that your front yard is going to be well maintained, and are going to be specific on the parkway, then it seemed to her that if you are going to be taking care of one portion of your front yard, you will take care of the other part. Mr. Fukuyama responded that the guest builder will be putting in the front yards and parkways. The CC&Rs will speak about a level of acceptability in terms of maintenance, and that they are to be kept in a condition that is of acceptance, but they really don't spell out what that means. It is discretionary. However, with the parkways, there are going to be a great deal of specificity in the Manual. Councilmember Padilla stated this is going to rely to a great extent on the enforcement of the HOA and the ability of the HOA to react quickly enough that you don't have a blighting type of affect on the area. He could go along with the compromised recommendation as drafted, but if this is not an effective means and we have deterioration in particular map areas that have this type of enforcement mechanism and financing mechanism, then he will not be supporting them again in the future. Councilmember Padilla stated he had a pressing personal matter that required his presence downtown. He asked the Council to excuse him from the balance of the meeting. With regard to the Resolution, he registered an "aye" vote. He left at 7:17 p.m. Councilmember Rindone asked if a street tree was to die after it had been initially installed and it is not maintained and watered, say three to five years later, whose responsibility is that and who would pay for it. Does the City monitor this to insure that proper maintenance is maintained. How long does it take to get a tree replaced. He has known of a situation where a tree has been taken out because it was diseased and has never been replaced. Mr. Fukuyama stated it is the City's tree and responsibility. That is the reason why the Landscaping Manual requires a certain amount of water. That is part of the installation approval staff will be reviewing to see that the tree is installed properly with deep watering and an irrigation system according to a plan. Mr. Rosaler added that the City does maintain its street trees, trims them on an annual basis, and does inspections. The way the Landscape Manual is proposed, the triming of the trees is the City's responsibility and the replacement of dead or dying trees is also part of our street tree program. The City reviews the maintenance of the trees so they don't die. Mr. Lippitt stated that when a tree has a root problem, the City will actually take the tree out and come back in a short period of time to replace it with another tree. Also, if the tree just dies, we will come out and replace it on a complaint basis. However, if it is a situation where the property owner doesn't take care of the tree, we probably not replace it. There being no one else indicating a desire to address Council, the public hearing was closed. Mayor Horton stated that for $5 or $6 more, we could have continuity, so she did not see that there was a big problem in going forward and including that in the HOA if it guarantees and helps to support the integrity of the community. For that reason, she will be voting no. Minutes April 28, 1998 Page 10 RESOLUTION 18979 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 3-1-0-1 (Padilla although absent had cast his "yes" vote prior to leaving; Morton no; Moot abstaining). BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Item 14A. and 14B. were pulled by Councilmember Rindone; however, the agenda will remain in original published order. OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) · Joint meeting of Planning Commission and GMOC with the City Council. Approved 4-0-1 (Padilla absent) to reschedule the meeting on Monday, May 18, 1998 at 5:30 p.m. 21. MAYOR'S REPORT(S) · Consideration of a Resolution Supporting Proposition A (Expansion of the San Diego Convention Center). MSC (Horton/Salas) to approve Resolution 18980. Motion carried 4-0-1 (Padilla absent). 22. COUNCIL COMMENTS Councilmember Rindone requested a brief written report on the progress of the MCA Amphitheater as to where we are for prospective dates and prospective presentations. Mayor Horton stated that it is no longer the MCA Amphitheater. It is now the Coors Amphitheater. She stated that it might be beneficial for the public to hear this report, so it is appropriate to hear this at the next meeting. The meeting adjourned at 8:00 p.m. ADJOUR}PMENT Res ectfull~ub~ ~ Authelet, CMC/AAE City Clerk