HomeMy WebLinkAboutcc min 1997/06/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 3, 1997 Council Chambers
4:04 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers: Moot (arrived at 4:11 p.m.), Padilia (arrived at 4:55
p.m.), Rindone and Mayor Hotton.
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager, John D. Goss; 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: None submitted.
4. SPECIAL ORDERS .OF THE DAY:
a. Proclaiming the week of June 1 through June 7, 1997 as "Management Week." The proclamation was
presented by Mayor Horton to Kathy Baker, President of the Rohr Chula Vista Chapter of the National Management
Association.
b. Presentation of Key to the City. Mayor Horton presented a key to the City to Miss Chula Vista, Jana
Sutter, who won the crown for the "Fairest of the Fair" for San Diego County at the Del Mar Fair, who will go
on to compete for Miss California.
CONSENT CALENDAR
(Items Pulled: None)
(Item Added: Item 13a)
CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of texts waived, titles read,
passed and approved 4-0-1 (Padilia absent).
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 5/27/97 in which the City Attorney participated, that there were no reportable
actions which are required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
6. RESOLUTION 18684 AMENDING THE CITY OF CHULA VISTA EMERGENCY PLAN - Chapter
2.14 (Emergency Organization Department) of the Municipal Code provides for: the preparation and carrying out
of plans for the protection of persons and property within the City in the event of an emergency; the direction of
the emergency organization; and the coordination of the emergency functions of this City with all other public
agencies, corporations, organizations, and affected private persons. The Chula Vista Emergency Plan, originally
adopted in June of 1992, has been amended in conjunction with the San Diego County Office of Disaster
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June 3, 1997
Page 2 ..,~..
Preparedness. The Plan continues as the basis for conducting emergency operations in the greater Chula Vista area,
and incorporates the Standardized Emergency Management System concepts designed to be used in any type of
emergency situation. Staff recommends approval of the resolution. (Fire Chief)
7.A. RESOLUTION 18679 MAKING FINDINGS ON THE PETITION FOR THE OTAY RANCH
VILLAGE ONE ASSESSMENT DISTRICT NUMBER 97-2 - Village Development has formally petitioned the
City to use assessment district financing for certain public improvement to be located in Village One of the Otay
Ranch. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the meeting
of 5/27/97.
B. RESOLUTION 18680 MAKING APPOINTMENTS IN THE OTAY RANCH VILLAGE ONE
ASSESSMENT DISTRICT NUMBER 97-2 AND APPROVING THE FORM OF THE
ACQUISITION/FINANCING AGREEMENT THEREFOR
C. RESOLUTION 18681 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF THE
OTAY RANCH VILLAGE ONE ASSESSMENT DISTRICT NUMBER 97-2
D. RESOLUTION 18682 DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE DONE
TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COST AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE
OF BONDS FOR THE OTAY RANCH VILLAGE ONE ASSESSMENT DISTRICT NUMBER 97-2 ~"
Item continued to June 10, 1997.
8. REPORT APPLICATION OF THE CHULA VISTA LITERACY TEAM FOR CALIFORNIA
STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT FAMILIES FOR LITERACY GRANT
FUNDS FOR FISCAL YEAR 1997/98 - The Public Library has applied to the California State Library for $23,000
in Families for Literacy funding for fiscal year 1997/98 to continue special family literacy services and
programming. The Chula Vista Literacy Team has offered family literacy programming for the past six years. The
Family Reading Program was developed to break the inter-generational cycle of illiteracy by providing training for
volunteer tutors whose learners are parents of young children, special library programming for those learners and
their families, and a home collection of quality children's books and magazines for each participating family. Staff
recommends Council accept the report and ratify the application. (Library Director)
ITEM ADDED TO THE CONSENT CALENDAR:
13a. RESOLUTION 18689 OPPOSING LIFTING THE ISTEA TRUCK SIZE AND WEIGHT
RESTRICTIONS AND MAINTAINING CURRENT ISTEA TRUCK LIMITATIONS WITHOUT A STATE
OPTION PROVISION. Resolution brought forward by Councilmember Salas under her comments. At her
request, it was moved to the Consent Calendar. The Resolution opposes lifting of the ban on triple trailer vehicles.
Councilmember Salas stated some community groups brought this to her attention. Under the ISTEA regulations,
triple trailers have been prohibited from traveling California highways. Those regulations are due to expire. In
order to make sure that the restriction stays in place, several community groups and cities have also passed --~
resolutions to request that the restrictions stay in place. Triple trailers have been shown to be very dangerous and (
have been the cause of numerous traffic fatalities. Also, because of the weight of the triple trailers, they cause a
lot of damage to the roads and freeways.
* * * END OF CONSENT CALENDAR * * *
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June 3, 1997
Page 3
ORAL COMMUNICATIONS
® Emerald Randolf, 276 Fourth Avenue, Chula Vista, Director of the C.A.S.T. program, announced that
on June 25, they will be having a CAST Chula Vista Day at the new White Canyon Water Park. She stated that
special coupons worth $5.00 were available. It was their major fund raiser for the year; they will get a percentage
of what the Water Park will get for the day.
® Mary Quartiano, 4080 Hancock Street, No 43 11, San Diego, 92110, representing the Revolting Grandmas,
requested that the City Council pass a resolution in support of deploying the California National Guard troops along
the border regions of San Diego County and send it to Governor Wilson.
· Muriel Watson, 3120 Anderson Street, Bonita, 91902, Founder of Light Up the Border, stated that there
are a number of families of Border Patrol Agents who are now under great jeopardy as a result of intelligence
passed forward that Border Patrol Agents are now prime targets for the drug smugglers. She urged Council to come
up with a resolution that will match those by other cities.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
9.A. PUBLIC HEARING PCM 97-20: CONSIDERATION OF AN AMENDMENT TO THE OTAY
RANCH SPA ONE PLAN ON PROPERTY GENERALLY LOCATED ON 1,110 ACRES SOUTH OF
TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO AND THE FUTURE SR-125
ALIGNMENT - McMillin has submitted an amendment and tentative map for the portion of SPA One owned by
WCLF to subdivide 290 acres creating 1,877 residential units in Villages One and Five. The SPA Amendment
proposes deleting Pedestrian Park P-5 and Santa Delphina Avenue as a promendate street in Neighborhood R-11
of Village One. Staff recommends approval of the resolutions. (Director of Planning)
RESOLUTION 18685 ADOPTING THE THIRD ADDENDUM TO THE FINAL SECOND-TIER
ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) FOR THE OTAY RANCH SECTION PLANNING
AREA (SPA) ONE PLAN AND APPROVING AN AMENDMENT PCM 97-20 TO THE OTAY RANCH
SECTIONAL PLANNING AREA (SPA) ONE PLAN, IMPOSING CONDITIONS ON WHICH INCLUDES
THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCING PLAN
AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN,
REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING
PLANS, NON-RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE
HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL
RECONNAISSANCE REPORT
B. PUBLIC HEARING PCS 97-02: CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR
290 ACRES OF THE OTAY RANCH SPA ONE, TRACT 97-02, GENERALLY LOCATED OFF THE
SOUTHERN EXTENSION OF OTAY LAKES ROAD SOUTH OF TELEGRAPH CANYON ROAD
RESOLUTION 18686 ADOPTING THE THIRD ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH//95021012) AND APPROVING A TENTATIVE
SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, TRACT 97-02, AND MAKING
NECESSARY FINDINGS
Councilmember Moot stated he needed to excuse himself because this involved McMillin, and they were clients of
his company.
Rick Rosaler, Senior Planner, presented the staff report and stated that the application by McMillin has been
reviewed by staff and the Planning Commission and is recommended for approval. The application has been found
consistent with the SPA Plan except fbr the two amendments which are proposed. The tentative map proposes 527
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June 3, 1997
Page 4
single family residential lots, 1350 multi family units in the Village 5 core with a 10 acre elementary school, 15
acres for parks, 3.3 acres of commercial land uses, and 8 acres for Community Purpose Facilities.
Councilmember Rindone stated that if SDG&E was proposing to put their utility box under the sidewalk and it
would necessitate an easement behind that for access, why would it not be proposed to be at the other end of the
sidewalk so that the easement would be the parkway.
Cliff Swanson, City Engineer, stated that the existing condition, the way the utilities are put in the trenches right
now, you will see on the outer edge under the monolithic sidewalk, is the utility trench. That is where the electrical
and cable TV go. Then they have the transformer pedestals behind the sidewalk but still within the street right-of-
way. In normal situations, they also have a street tree easement there. On this particular project, the utilities will
still be in the trench under the sidewalk. SDG&E is concerned about putting the transformer box within the
parkway because of the proximity to the traffic and the damage that would be done if a car were to hit it. That is
why SDG&E wants a specific easement behind it. The transformers would be put in place with walls around it,
so that the property owners would recognize it, and it could share that common trench with the other utilities and
the easement for the street trees.
This being the time and place as advertised, the public hearing was opened. Addressing Council were:
· Pat Barnes, representing SDG&E, stated that in some situations they have undergrounded in the back. For
access, they prefer it to be out in the franchised position in the City right-of-way. That way they do not have to
go through peoples' yards to service the utilities. In this particular sidewalk configuration, the problem that SDG&E
is having with it is that it is pushing them out of their franchise position onto private property requiring them to get
an easement from the property owners, which in some cases, when it comes to servicing and maintaining their
package, which is under the sidewalk, they go into the ground (they do not tear up the sidewalk) behind it and go
underneath. That is when they would be digging into a private property owner's yard.
City Council considered the following issues:
· Pedestrian Park P-5: should it be deleted from Neighborhood R-I 1 in the SPA One Plan?
Mr. Rosaler stated that the issues involved in the project focus on the elimination of Pedestrian Park P-5. Concerns
by McMillin are that they felt in Neighborhood R-11 that the lot sizes were sufficient to provide for the private
recreational needs of the neighborhood. In addition, there were neighborhood parks in P-1 and P-2 in this
neighborhood to satisfy the Park Plan requirements of the SPA. Park P-5 is a .8 acre park. McMillin's proposal
was to eliminate the park but maintain the pedestrian connection through to the regional trail access. In Village
Development's proposal, they included the small pedestrian parks to meet the private recreational needs of the
neighborhood. If the Council agrees with the applicant, then Council should adopt the amendment. If Council
wants to see the Pedestrian Park in the neighborhood, then Council should deny the amendment and direct that a
Pedestrian Park be included in the tentative map.
Councilmember Salas asked the following questions: (1) What was the relationship between Park P-5 and P-6.3.
(2) If we wanted to retain Park P-5, would it be a public park and would it be maintained by a homeowners
association or would it be maintained by an open space district. (3) Were there any physical barriers or restrictions
between Village Development and West Coast Land Fund properties which would impede the ability of people being
able to utilize the parks. (4) What percentage of credit would you be assigning West Coast Land Fund or whomever
the next property owner would be if we voted to retain Park P-5.
Mr. Rosaler responded that P-6.3 was in Village 5. Neighborhood R-11 is in Village 1. McMillin is going to put
in their portion of P-6.3 and the Paseo which comes down to the village core. In Village 5, there is a 10 acre park
(P-6); there is a 1.7 acre park (P-8) which is the Town Square Park; and there is a 5 acre park (P-7). These are
the public parks. Park P-5 would be a public park that would be maintained by an Open Space Maintenance
District. Since there are private streets in Village Development's portion of the project and there are public streets
in Neighborhood R-11, there is no street access going through. However, there is an emergency access that is also
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June 3, 1997
Page 5
required to be a pedestrian access between R-10 and R-11. With the Pedestrian Parks, there would be some
restriction since they are private parks and would be owned and maintained by the residents of those neighborhoods.
As far as park credits, we do not know at this time because the small park criteria hasn't been developed. If they
came in with a proposal similar to Village Development's, staff would probably be recommending 50% because it
has all of the facilities which are required by the SPA I Parks Plan. The development of that criteria is on the work
agenda for the Parks and Recreation Department in the coming year.
® Hollywood Driveways: should the required number of Hollywood driveways be reduced?
Mr. Rosaler stated that a Hollywood Driveway in the SPA Plan is a plan that requires an "L" shaped home with
the garage pushed to the back of the unit. In some cases, there is a landscaped strip in the middle of the drive or
it can be other decorative material. McMillin was concerned about the marketability of these types of units and
proposed alternative language to what is in the existing SPA. Staff is concerned and has addressed the marketability
issue by indicating that the Planning Director, if they can provide evidence that those types of units are not
marketable, has the ability to waive the requirement and replace it with another design that is consistent with the
village design plan.
® Parkways: should residential streets with parkways be used in the applicant's residential neighborhoods?
Mr. Rosaler stated that a Residential Street Section A is a street with parkways. McMillin has indicated to staff
that the Residential Street Section A is acceptable to them as long as the individual homeowner maintains the
parkway, and there is not a master homeowners association.
· Parkway Streets: should a master homeowners association be required to maintain the open space and
landscaping?
Mr. Rosaler stated that the Engineering Department believed that all the parkways, major slopes, and the additional
landscaping that is in the SPA Plan should be maintained by the homeowners. The conditions of approval have been
prepared to provide flexibility to allow Council to provide staff direction. Whatever direction is provided when the
Open Space Maintenance District is formed, staff will ensure that those t~tcilities are included either in a
Homeowners Association or in the Open Space Maintenance District.
Councilmember Rindone asked why would Council want to include the pedestrian parkway in with the Homeowners
Association or the Commununity Facilities District. Why not leave it to be the responsibility of the homeowner.
Mr. Rosaler stated that would be acceptable to staff. The Planning Commission was concerned about common
maintenance of it; that there be uniform maintenance of the parkways throughout the neighborhood. If there was
common maintenance that would insure a better quality of pedestrian environment.
Mayor Horton expressed that she had a concern with this and that the Planning Commission's recommendation was
most prudent. Not all homeowners treat their lawns equal. The purpose of having these promenades is to create
a nicer ambience for the cormnunity. The only way we will have an assurance in doing that is to include it in the
common maintenance.
This being the time and place as advertised, the public hearing was opened. Addressing Council were:
® Craig Fukuyama, 2727 Hover Avenue, National City, representing McMillin Companies. He stated that
there was an article in the paper which questioned their intent and commitment to the Plan. He wanted to present
for the record a list of the documents that govern the design of the Project and that they were in compliance of each
and everyone. They do have four issues which are very minor in nature, and the integrity of the Plan is still in
place; they are consistent with the General Plan, the GDP, and the overall Design Plan. He wanted to assure
Council that they were committed to these Plans. He addressed the tbur issues:
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June 3, 1997
Page 6 ~-~,
Pedestrian Park P-5: He stated that they supported staffs recommendation as well as that of the Parks
and Recreation Commission which is recommending the elimination of this park. The total number of units
will not increase with the elimination of the park. One of the reasons for the elimination of the park was
really driven by the maintenance issue. Staff is recommending that there be an Open space Maintenance
District formed for the maintenance of the park. Utilizing an OSMD for the maintenance creates a
dilemma which staff has not fully addressed. If only this neighborhood were to be assessed for the
maintenance for this park, there would be a f~eling of exclusivity and the desire to preclude anyone else
from accessing that park if they had the maintenance responsibilities. If an OSMD were used that would
be collected from the entire development, there would be a disagreement as to the access, the ability to
walk to, and would create a problem in the collection of the fee on the entire project. It creates an inequity
that may create a problem in the future. They believed that if the park was determined to be an essential
part of the Plan and is to be accessible to all residents, it should be a public park. It should be owned by
the public and funded by the public.
Hollywood Driveways: The Hollywood driveway concept would apply only to the one neighborhood, R-
11. The Hollywood driveways have not been recently used in the marketplace, and they were reluctant
to accept an absolute requirement for 30%. Their preference was to let the market dictate the final
percentages. Rather than a prescriptive minimum of 30 %, they would initially construct one model home
which would be one of four, which would be 25 % using the 30 tbot setback and the Hollywood driveway
concept and then determine the marketplace preferences. If the house was already built, then there would
not be a removal of that house, so they would not be able to abandon that type of product; it would still
be there, but would be plotted at a lesser percentage. They would prefer to adapt quickly by marketplace
demands as opposed to being burdened with a cumbersome and lengthy process of coming back to the City "~'
to adjust to the market preferences.
Parkway Streets: It was their intent to respect the wishes of staff and construct the parkway as type A
Streets throughout the project. However, it was their preference not to have a Homeowners Association
or an Open Space Maintenance District funding the maintenance of those parkways. It would be their
preference to utilize CC&Rs which the City has the ability but not the obligation to enforce that would
provide instructions for every homeowner as to the maintenance obligations and responsibilities.
Master Homeowners Association: They preferred to form the continued use of the OSMD. Their
experience indicates that some home buyers prefer not to have an HOA. They have no private facilities
which necessitate the formation of an HOA.
Mayor Horton asked if the model that McMillin would be building with the Hollywood driveways was more
expensive than the others being proposed.
Mr. Fukuyama responded that they did not know yet. It was too new to know. They have constructed a
comparable type product in one of their other projects. They believe it will be acceptable and preferable. They
don't want to be tied to that in this market place not knowing what the market preferences will be.
Councilmember Rindone asked for a clarification of the comment that he was willing to build Type A Streets
throughout. But Type A Streets are only in two of the neighborhoods. Was that what he meant?
Mr. Fukuyama responded that they have reconsidered their position, and they are committing to doing all Type A
Streets.
Mayor Horton closed the public hearing.
Mayor Horton stated that we have several planned communities in the Eastern parts of Chula Vista. It was her
understanding that the developers in those cases have pretty much had the opportunity to select which way they
would rather go -- an assessment district or HOA.
Minutes
June 3, 1997
Page 7
Mr. Rosaler stated that in the past, McMillin in Rancho del Rey has proposed OSMD; EastLake has proposed HOA.
Village Development's portion of Village One and Five was proposed to be maintained by OSMD, but when they
went to the guarded entrances, then everything became private so they had to have the HOA. So, there has been
a mix.
Assistant City Attorney, Anne Moore, stated that what they negotiated with Sunbow is that they have the option of
deciding whether or not they want to form a CFD or an HOA. The developer has indicated that they want to form
a CFD. They are proposing the same thing with Salt Creek which is giving them an option of doing a CFD or an
HOA. It was her understanding that Salt Creek preferred an HOA. The way they have structured the agreement
with Sunbow and Salt Creek is that they have the option of deciding one or the other. If they decide they want to
do a CFD that would be subject to Council's approval. If Council decides that they don't want to do a CFD then
they would have to form an HOA. Since that is a future legislative action, staff cannot guarantee that a CFD would
be approved by the Council.
Mayor Horton stated that it would be her recommendation in this situation that McMillin should have the option
of going forward with their preference. She had a concern about the maintenance of the parkways. It is easy to
say that all the homeowners will make sure this is a well maintained area through the CC&Rs, but that is
cumbersome. Personally, she agreed with the Planning Cormnission to have this included in a type of assessment
district. She also t~lt the concerns of SDG&E should be addressed.
Councilmember Rindone stated he had major concerns about the elimination of Pedestrian Park P-5. He would like
to see this retained because the concept that Council has labored over was to maintain the Village concept with
access to public parks. He was supportive of everything except the elimination of the park.
Councilmember Salas stated that this has been a point of disagreement between staff and the developer of Village
One, but she felt that when Village One was proposing these small residential parks, it was because their idea of
what would be neo-traditional and staff felt that it would take away from that. She felt that this does retain the sense
of community more than the elimination of the park would do. She was willing to give the applicant their request
and not put an imposition on them on making a 30 % requirement on the Hollywood driveways in return for the
retention of Park P-5.
Motion on Hollywood Driveways:
MSC (Horton/Padiila) to adopt for first reading an amendment to the PC District Regulations in regards to
Hollywood Driveways in the language set forth in the staff's report that mirrors McMi!!in's proposal. Motion
approved 4-0-0-1 (Moot abstaining).
Motion on Parkway Maintenance:
MSC (Padilla/Horton) to provide direction on the issue of maintenance for parkways through a Community
Facility District consistent with the recommendation of the Planning Commission. Motion approved 4-0-0-1
(Moot abstaining).
Motion on Pedestrian Park P-5:
MSC (Padi!!a/Horton) to retain Pedestrian Park P-5 and leave the maintenance up to the developer to decide
how they wanted to maintain the park either with an HOA or a CFD. Motion approved 4-0-0-1 (Moot
abstaining).
RESOLUTIONS 18685, 18686, AND ORDINANCE 2709 OFFERED BY MAYOR HORTON AS AMENDED,
titles read, texts waived.
Councilmember Rindone stated he had concerns with the zero lot line product. He thought that this was not
finalized and would have a chance for another review. Since this was a new product, he wanted to be assured that
Minutes
June 3, 1997
Page 8
the increased density would not dissipate the benefits of the community; he would like to request that this come back
to Council for review at a later time. He asked if the maker of the motion would include this as a friendly
amendment for the R-22 neighborhood, zero lot line issue.
Mayor Horton stated she did not see a need for it, but she would support the request. She stated that we did have
zero lot line products which have been approved in Rancho del Rey and in EastLake.
Mr. Fukuyama stated that this particular product is being built in Rancho del Rey currently and is being marketed
as Pasatiempo which is being built by UDC Homes. It was approved when the map was before Council. What
staff is recommending is that with the plotting and some of the individual on-street parking aspects that staff expects
without a product currently designed tbr it, the placement of the product will necessitate those lots to fluctuate in
size, thereby likely reducing the number of the lots and the setbacks. That is typically done through the City's
design review process and the final map before it comes back to Council for approval.
Councilmember Rindone stated he was comtbrtable with this as long as Council gets a chance to look at this for
the final approval.
VOTE ON MOTION: Passed and approved 4-0-0-1 (Moot abstaining).
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
10. REPORT PROPOSITION 218 IMPACTS ON OPEN SPACE DISTRICT FORMATION - At the
11/5/96 general election, Proposition 218 the "Right To Vote on Taxes Act," was passed by a majority of voters.
This proposition impacts the formation of Open Space Districts by the "1972 Landscaping & Lighting Act." This
report discusses the impacts and alternatives available to the City based on a study conducted by Berryman &
Henigar, a consultant with expertise in this area. Staff recommends Council accept the report and adopt the policy.
(Director of Public Works)
Cliff Swanson stated that the new developments have in the past used OSMD to maintain the open space.
Previously it was done under the Landscape and Lighting Act of 1972. With the passage of Proposition 218, it
presented problems to the continued use of that Act. The two significant issues with the 1972 Act and Proposition
218 are the questions of special benefit and that the City would have to pay lbr any general benefit. Secondly that
the assessments would have to be levied on publicly owned property. This report recommends that no more OSMD
be formed under the 1972 Act. Instead, the report recommends that the Council express a preference for HOA to
maintain the open space district, but that the City maintain through an open space type district the medians.
Recognizing that some developers do not want an HOA, staff recommends that we work with the developers to use
a CFD based open space district for the open space. Lastly, staff recommends that CFDs are formed for
maintenance of the medians.
MSUC (Horton/Moot) to approve staff's recommendation to accept the report and adopt the policy.
ITEMS PULLED FROM THE CONSENT CALENDAR
(No items were pulled)
OTHER BUSINESS
11. CITY MANAGER'S REPORT(S)
a. The next budget workshop was scheduled for Wednesday, June 4, 1997.
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June 3, 1997
Page 9
b. As an informational item, Mr. Goss stated that he had an opportunity to talk with the current Administrator
of the local Scripps Hospital. He stated that they were proceeding with their proposals under the revisions of the
project at Scripps in Chula Vista as approved by the Redevelopment Agency on January 7. They have had a
successful fund raising drive of over $2 million. They feel that the letter in the newspaper was filed by certain
doctors who were not totally happy with what Scripps was doing, but there are other physicians who are very
supportive. They will be moving ahead with the Emergency Room, ICU, and the Cancer Center. They feel that
by October they will have State approval tbr these projects.
Councilmember Rindone asked that, in addition to a report, we find a way to disseminate this information so that
there is an official public response.
Mr. Goss stated that perhaps the other physicians in the Scripps family may be responding which may be more
appropriate than the City responding.
12. MAYOR'S REPORT(S)
Mayor Horton thanked the Downtown Business Association and staff members who worked very hard to put
together the Lemon Festival. It was one of the more successful events that we have had.
13. COUNCIL COMMENTS
Councilmember Rindone: He also congratulated the DBA for the Lemon Festival. He noticed one thing distinctly
different in that there were a number of merchants who remained open.
Councilmember Moot: He attended the Water Park opening. It will be a welcomed additional to the community.
Councilmember Salas: Consideration to oppose litling of ban on triple trailer vehicles. Item was added to the
Consent Calendar.
ADJOURNMENT
The meeting adjourned at 6:28 p.m.
Respectfully submitted,
Beverly A. Authelet, CMC/AAE
City Clerk
Minutes
June 3, 1997
Page 10 ._~.
MINUTES OF A JOINT A REDEVELOPMENT AGENCY/CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, June 3, 1997 Council Chambers
6:28 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Councilmembers: Moot, Padilia, Rindone, Salas, and
Chair/Mayor Hotton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager, John D. Goss; Legal Counsel/City Attorney,
John M. Kaheny; and City Clerk, Beverly A. Authelet
2. APPROVAL OF MINUTES: None submitted.
ORAL COMMUNICATIONS -"~,
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
3. PUBLIC HEARING: 1) TO CONSIDER GRANTING A SPECIAL LAND USE PERMIT FOR THE
DEVELOPMENT OF A MORTUARY AT 753 BROADWAY LOCATED WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA; AND 2) PURSUANT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTIONS 33431 AND 33433 TO CONSIDER A PROPOSED PURCHASE/SALE AND
DEVELOPMENT AGREEMENT FOR THE SALE AND REDEVELOPMENT OF AGENCY PROPERTY
AT 753 BROADWAY TO UNIVERSAL MEMORIAL CENTERS V, INC. DBA HUMPHREY MORTUARY -
In March of 1996, the Agency received an offer from the Loewen Group, owner of Universal Memorial Centers
V, Inc. dba Humphrey Mortuary, to purchase the property fbr construction of a new mortuary. At Agency's
direction staff negotiated a price for the property consistent with the market value. Since the property is being sold
without a formal public bidding process, California Redevelopment Law requires that the Agency make certain
findings related to the sale of the property. Staff recommends the Agency/Council approve the Purchase/Sale and
Development Agreement and adopt the special land use permit. (Community Development Director)
a) AGENCY RESOLUTION 1540 ADOPTING NEGATIVE DECLARATION IS-97-10, APPROVING
THE DESIGN OF AND GRANTING A SPECIAL LAND USE PERMIT FOR THE DEVELOPMENT OF
A MORTUARY AT 753 BROADWAY LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
b) AGENCY RESOLUTION 1541 AND COUNCIL RESOLUTION 18687 MAKING REQUIRED
REDEVELOPMENT ACT FINDINGS AND APPROVING A PURCHASE/SALE AND DEVELOPMENT
AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH UNIVERSAL MEMORIAL CENTERS V,
INC. WITH RESPECT TO PROPERTY LOCATED AT 753 BROADWAY, CHULA VISTA, AND
AUTHORIZING THE CHAIRMAN TO EXECUTE SAME
MSUC (Horton/Rindone) to continue item to June 17, 1997.
Minutes
June 3, 1997
Page 11
4. PUBLIC HEARING: PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS
33431 AND 33433 CONSIDERING SALE OF AGENCY PROPERTY TO AND APPROVING AN
AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR PURCHASE AND SALE AND
ESCROW INSTRUCTIONS FOR 980 LAGOON DRIVE - Staff requests that this item be continued to a Special
Joint Meeting of the Re, development Agency on June 10, 1997. (Community Development Director)
MSUC (Rindone/Horton) to continue to June 10, 1997.
OTHER BUSINESS
5. DIRECTOR'S/CITY MANAGER'S REPORT(S) - none.
6. CHAIR'S/MAYOR'S REPORT(S)
a) AGENCY RESOLUTION 1542 SUPPORTING ASSEMBLY BILL 1342, EXTENSION OF TIME
LIMITS FOR REDEVELOPMENT PLANS - AB 1342 extends the time limitation on new and existing
Redevelopment Plans. This item is not covered by the City's Legislative Program, however, the Legislative
Committee recommends a "SUPPORT" position. AB 1153 protects the solvency of such Joint Powers Authorities
as the San Diego Pooled Insurance Program Authority, of which Chula Vista is a member. It is recommended that
the resolutions be approved. (Legislative Committee)
b) COUNCIL RESOLUTION 18688 SUPPORTING SENATE BILL 1153, INSURANCE
RESOLUTIONS 1542 AND 18688 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approved 5-0.
7. AGENCY/COUNCIL MEMBER COMMENTS - none.
ADJOURNMENT
The meeting adjourned at 6:35 p.m.
Respectfully submitted,
Beverly A. Zuthelet, CM~//AAE
City Clerk