HomeMy WebLinkAboutcc min 1999/10/19 MINUTES OF A REGULAR MEET1NG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
October 19, 1999 6:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p.m.
in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton.
(Councilmember Davis arrived at 6:11 p.m., and Councilmember Moot
arrived at 6:12 p.m.)
ABSENT: None
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. SPECIAL ORDERS OF THE DAY
A. Claire Pratt and Jim McCarthy, from The Friends of the Arts, will introduce the
performance "On Stage Playhouse."
Ms. Pratt reported on the theater's new location and activities. David Kelso performed "American
Welcome" with the assistance of Councilmember Padilla.
B. Mayor Horton will present proclamations to the following individuals in honor of
their retirement from the City: Lieutenant Eugene D'Ablaing; Agent Roy Duron;
Officer Thomas Iniguez; Officer Pablo Godina; Sergeant Tom Keblish; Sergeant
Thomas Maloney; Lieutenant David Miller; Agent Mike Miller; and Lieutenant
Richard Strickland.
Mayor Horton read the proclamations, and Deputy Mayor Salas presented them to the retiring
officers.
C. Report on Otay Valley Regional Park Clean-Up Event.
John Willitt reported on the successful event held on October 15th and 16th.
CONSENT CALENDAR
(Items 4 through 7)
Mayor Horton noted that agenda items #12, #13A and #13B would be moved to the Consent
Calendar.
CONSENT CALENDAR (Continued)
4. APPROVAL OF MINUTES of Regular Meetings of August 3, August 10 and August 17,
1999; and Adjoumed Meetings of August 11, August 19, August 31 (4:00 p.m.), and
August 31 (6:00 p.m.), 1999.
Staff reconunendation: The minutes be approved.
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 October 12, 1999, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from the Cultural Arts Commission - Dr. Barry A. Russell.
Staff recommendation: The resignation be accepted with regret and the City Clerk
be directed to post immediately according to the Maddy Act in the Clerk's Office and
the public library.
6. ORDINANCE NO. 2798, ESTABLISHING A 35 MPH SPEED LIMIT ON MEDICAL
CENTER DRIVE BETWEEN MEDICAL CENTER COURT AND EAST PALOMAR
STREET, BRANDYWINE AVENUE BETWEEN EAST PALOMAR STREET AND
OLYMPIC PARKWAY, EAST PALOMAR STREET BETWEEN OLEANDER AVENUE
AND MEDICAL CENTER DRIVE, AND ADDING THESE ROADWAY SEGMENTS TO
SCHEDULE X OF A REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY
ENGINEER (SECOND READING AND ADOPTION)
Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and pursuant
to authority under the City's Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and traffic congestion, and for
the promotion of public safety, the speed limit be established at 35 MPH on certain streets.
Staff recommendation: Council place the ordinance on second reading for adoption.
(Director of Public Works)
7. RESOLUTION NO. 19629, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO.
PE-462 FOR PLACEMENT OF A VISITOR ENTRY KIOSK, ARTWORK AND
MONUMENT WITHIN A PUBLIC SEWER EASEMENT LOCATED AT THE
NORTHERLY ENTRANCE TO THE OLYMPIC TRAINING CENTER (A'' STREET),
SOUTH OF OLYMPIC PARKWAY
Page 2 - Council Minutes 10/19/99
CONSENT CALENDAR (Continued)
The Arco Olympic Training Center has requested an Encroachment Permit to allow the
placement of a visitor entry kiosk, artwork and monument within a City sewer easement
located at the northerly entrance to the Olympic Training Center ("A" Street), south of
Olympic Parkway.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
12. RESOLUTION NO. 19633, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, WAIVING THE CITY' S FORMAL BIDDING PROCESS, APPROVING
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE LEGAL FIRM
OF REMY, THOMAS & MOOSE FOR ENVIRONMENTAL LEGAL SERVICES
RELATED TO THE OLYMPIC PARKWAY ENVIRONMENTAL CLEARANCE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Many aspects of the process for obtaining enviroumental clearances for Olympic Parkway
have been quite complex. During the preparation of the CEQA document, and then with the
processing of the 404 permit, it became evident that the expertise of the law firm of Remy,
Thomas and Moose would be needed. This resolution authorizes the Mayor to execute an
agreement with Remy, Thomas and Moose for these services.
13.A. RESOLUTION NO. 19634, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING THE DESILTATION AND MAINTENANCE
AGREEMENT BETWEEN THE CITY AND OTAY PROJECT, L.P. TO PROVIDE FOR
THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE POGGI CANYON
CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 19635, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING THE DESILTATION AND MAINTENANCE
AGREEMENT BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC TO
PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE POGGI
CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The Tentative Map conditions for the proposed developments in Otay Ranch SPA One
require compliance with certain requirements regarding maintenance of the proposed Poggi
Canyon improvements. In addition, Council Policy Number 522-02 requires the developer
to maintain the drainage improvements for five years. Currently, the Otay Ranch Company
and McMillin are processing mass grading plans with the City for a portion of their project
drainage to Poggi Canyon, and issuance of the grading permits is anticipated shortly. The
subject agreements delineate the developers' responsibilities for maintaining the proposed
Poggi Canyon drainage improvements and establish the security requirements to ensure their
performance.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 5-0, except with regard
to Items #4 and 13B, which carried 4-0-1. Deputy Mayor Salas abstained from
voting on the approval of minutes of August 3, 1999; Councilmember Padilia
abstained from voting on the approval of minutes of August 31, 1999; and
Councilmember Moot abstained from voting on Item # 13B.
Page 3 - Council Minutes 10/19/99
ORAL COMMUNICATIONS
David Fredricksen, 3042 Via Papeete, San Diego, congratulated organizers and participants of the
Otay Valley Regional Park Clean-Up Project and asked the City to install gates, with a master lock
system to allow emergency access, in order to prevent the dumping of trash in a eucalyptus forest
near 1-805. Mayor Horton responded that the request would be referred to the Otay Valley Regional
Park Committee.
Ron Boshun, 3944 West Point Loma Boulevard, San Diego, asked the Council to investigate the
alleged mistreatment of the USO by the San Diego Port District. Mayor Horton responded that the
matter would be forwarded to Port Commissioner Malcolm.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
8. PUBLIC HEAR1NG ON PCA-00-01 TO CONSIDER AN ORDINANCE AMENDING
SECTION 19.14.581 OF THE MUNICIPAL CODE AND DIRECTING THE CITY
CLERK TO CONFORM ALL OTHER APPLICABLE SECTIONS OF THE
MUNICIPAL CODE TO REFLECT A CHANGE IN THE NAME OF THE DESIGN
REVIEW COMMITTEE TO THE DESIGN REVIEW COMMISSION
ORDINANCE AMENDING SECTION 19.14.581 OF THE MUNICIPAL CODE AND
DIRECTING THE CITY CLERK TO CONFORM ALL OTHER APPLICABLE
SECTIONS OF THE MUNICIPAL CODE TO REFLECT A CHANGE IN THE NAME OF
THE DESIGN REVIEW COMMITTEE TO THE DESIGN REVIEW COMMISSION
(FIRST READING)
The Design Review Committee (DRC) has submitted a request to have its name changed to
the Design Review Commission. The proposed name change is intended to better convey
the DRC's level of responsibility to project applicants.
Notice of the heating was given in accordance with legal requirements, and the heating was held on
the date and at the time specified in the notice.
Director of Planning and Building Leiter stated that the proposal had been reviewed and
unanimously approved by the Planning Commission.
Mayor Horton opened the public heating and asked if anyone from the audience wished to speak.
Patricia Aguilar, Chair of the Design Review Committee, explained the request to the Council.
There being no one else wishing to speak, Mayor Horton closed the hearing. Mayor Horton
suggested that the matter be referred back to staff for a report and then scheduled for discussion at
a workshop. Councilmember Moot suggested that the Council approve the name change at this time
and then schedule further discussion at a regular meeting rather than schedule a special workshop.
ACTION: Mayor Horton moved to continue the item to a workshop to be held on October 26,
1999. Councilmember Padilia seconded the motion, and it carried 4-1, with
Councilmember Moot opposing.
Page 4 - Council Minutes 10/19/99
· 1
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
Items #9 and #10 were considered together.
9. RESOLUTION NO. 19630, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FSEIR-97-02) FOR THE SAN MIGUEL RANCH SPA PLAN, MAKING
CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND ADOPTING A MITIGATION MONITORING PROGRAM
A Subsequent Environmental Impact Report (SEIR) for San Miguel Ranch (EIR 97-02) was
prepared to identify and analyze potential environmental impacts from the proposed San
Miguel Ranch Sectional Planning Area (SPA) Plan and Tentative Map. A public heating on
the Draft SEIR (DSEIR) was held by the Planning Commission on July 14, 1999. Staff and
the consultants (P&D Environmental Consultants and the law firm of Remy, Thomas &
Moose) have prepared the Final SEIR, CEQA Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring Program.
10. PUBLIC HEARING TO CONSIDER THE SAN MIGUEL RANCH SECTIONAL
PLANNING AREA (SPA) PLAN AND RELATED DOCUMENTS INCLUDING THE
PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN GUIDELINES,
PUBLIC FACILITIES FINANCING PLAN/FISCAL IMPACT ANALYSIS,
AFFORDABLE HOUSING PROGRAM, AIR QUALITY IMPROVEMENT PLAN, AND
WATER CONSERVATION PLAN
ORDINANCE NO. 2799, APPROVING THE SAN MIGUEL RANCH PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP (FIRST
READING)
RESOLUTION NO. 19631, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING THE SAN MIGUEL RANCH SECTIONAL PLANNING
AREA (SPA) PLAN WITH PLANNED COMMUNITY DISTRICT REGULATIONS,
DESIGN GUIDELINES, PUBLIC FACILITIES FINANCING PLAN/FISCAL IMPACT
ANALYSIS, AFFORDABLE HOUSING PROGRAM, AIR QUALITY IMPROVEMENT
PLAN, AND WATER CONSERVATION PLAN FOR APPROXIMATELY 743 ACRES
LOCATED EAST AND NORTH OF PROCTOR VALLEY RD., SOUTH OF
SWEETWATER RESERVOIR AND THE SDG&E MIGUEL SUBSTATION, AND
WEST OF ROLLING HILLS RANCH
Trimark Pacific-San Miguel, LLC has applied for approval of the 743-acre San Miguel
Ranch SPA Plan and related required documents. The SPA Plan is intended to consistently
implement the San Miguel Ranch Amended Horseshoe Bend General Development Plan,
which was approved by Council in December of 1996. At that time, the landowner was
Emerald Properties Corporation and the project encompassed two, non-contiguous parcels
known as the North and South parcels. The 1,852-acre North parcel has since been
established as a permanent ecological preserve, and the 743-acre South parcel has been
purchased by Trimark Pacific-San Miguel LLC, who is processing this SPA Plan for the
South parcel only.
Notice of the hearings were given in accordance with legal requirements, and the hearings were held
on the date and at the time specified in the notice.
Page 5 - Council Minutes 10/19/99
· I
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
Senior Planner Batcheider presented the staff report, including a history of prior actions relating to
the project site, site constraints, planning considerations focused on during the SPA Plan review, and
the issues that were addressed. He then described the project before the Council for consideration
at this time and stated that staff has found that the proposed plan is materially consistent with the
General Development Plan approved in 1996.
Environmental Project Manager Reid presented the environmental report, addressing impacts related
to schools, biological resources, transportation, land form and visual, and air quality. With regard
to schools, she reported that although the impact is considered significant and mitigated due to
provisions of SB 50, which was recently enacted, the applicant has voluntarily agreed to fully
mitigate impacts through the formation of a Mello-Roos Community Facilities District. The
resource agencies are satisfied that the biological impacts have been mitigated by dedication of the
almost 2,000-acre northern parcel as a permanent ecological preserve, the 38-acre Otay Tarplant
preserve on the south, and 206 additional acres of open space on the south parcel. Preservation of
the north and the Otay Tarplant preserves are consistent with the City' s MSCP Subarea Plan and the
adopted County of San Diego MSCP Subarea Plan. However, recent CEQA case law suggests that
any net loss of a listed species or its habitat may be considered as a significant impact; thus, the
biological impacts are shown as significant. Regarding transportation, the traffic analysis indicated
that improvements are required to County roads subsequent to SR-125. Because it is infeasible to
mitigate impacts in another jurisdiction (the County), the transportation impacts are considered
significant and unmitigated. Regarding land form, project grading will be 20% less than at the
General Development Plan level, and 33% of the south parcel will remain ungraded. Even with
mitigation that includes landscaping and contra-grading, impacts are still considered to be significant
and unmitigated. Finally, there will be a significant air quality impact even with mitigation such as
hydraseeding, landscaping of disturbed areas to reduce dust generation, daily watering and covering
trucks hauling fill materials.
Ms. Reid further stated that the Planning Commission expressed specific concems regarding regional
traffic impacts, however, no joint-agency agreement or mechanism designed to address regional
transportation issues is available to the City to assure that transportation infrastructure financing and
construction in other jurisdictions keeps pace with demands. The SEIR, therefore, discloses that in
the absence of such a regional mechanism, the project's minimal projected traffic impacts are
cnmulatively significant and not fully mitigated by the City. In addition, the project provides needed
right-of-way for SR-125, which will help to address regional traffic impacts.
Ms. Reid stated that the Califomia Native Plant Society has objected to the proposed 37-acre Otay
Tarplant preserve on the grounds that additional cultivation is necessary to insure the long-term
viability of the species, asserting that the objections are supported by three intemal memoranda from
the U.S. Fish and Wildlife Service. Staffs believes, however, that the 37 acres of preserve mitigate
project-related impacts to the extent feasible; the three memoranda do not establish that the proposed
37 acres fail to ensure the long-term viability of the species; and there is evidence that the U.S. Fish
and Wildlife Service concluded that the Otay Tarplant preserve under San Diego County's Subarea
Plan, which includes the Tarplant preserves contemplated by the proposed project, is sufficient to
sustain the long-term viability of the species. The long-term viability of particular populations of
the plant are a function, in part, of how preservation of the population is managed, and the applicant
is required to prepare a Preserve Management Plan. It is also Staffs opinion that the alternative
presented by the Society is infeasible, as it would necessitate a significant reduction in the overall
number of dwelling units in the project, resulting in increased housing and development costs which
could make the project financially unviable.
Page 6 - Council Minutes 10/19/99
PUBLIC HEARINGS AND ELATED RESOLUTIONS AND ORDINANCES (Continued)
Mayor Horton opened the public hearing.
Stephen Hester, representing Trimark Pacific Homes, the developer, stated that the SPA Plan under
consideration is the culmination of two years of planning with City staff, citizens' groups, school
districts, and other agencies. The focus has been to implement the General Plan, the General
Development Plan for the project, and the Growth Management Plan. The SPA Plan has exceeded
the requirements of the General Development Plan with regard to the position of the Tarplant
preserve, additional open space, and reduced grading. The proposed project takes into consideration
the natural features of the land, is sensitive to the topography and location of the property, and will
provide a variety of housing within the City, as well as community facilities to meet the needs of the
City and the region. The developer has worked proactively to confront and identify concerns related
to the project and has been willing to make changes in response to those issues and concerns. He
then presented an overview of the proposed residential, commercial and open space areas, stated that
the project will be a tremendous asset to the City, and asked for the Council's support.
Keith Merkel, Merkel and Associates, biologist for the project, stated that evaluations of the Otay
Tarplant populations have occurred in conjunction with the General Development Plan, in the
Subarea Plan for the County by the Fish and Wildlife Service, and by City staff in the supplemental
Environmental Impact Report, and a determination has been made that the plant has been adequately
protected and conserved. The property owners have committed to developing a management
program in concert with Fish and Wildlife Service and City staff, and that management program is
the critical key in terms of preserving the plant. He stated that he did not see any indication that
setting aside additional habitat would radically change the level of conservation.
Councilmember Padilia asked if management of the plant within existing parameters would be equal
to or possibly a more important component than quantity to the survivability of the species. Mr.
Merkel responded that a balance is important, and management is at least as critical as any given
count.
Councilmember Moot asked Mr. Merkel to elaborate on the environmental significance of the plant.
Mr. Merkel stated that the plant is a fairly unique species found predominately on a limited soil type
in the southern portion of San Diego County. While it is believed that the threshold for viability
relative to population size, distribution and quantities has been met and exceeded, a management
plan is essential for the protection and preservation of the species. Councilmember Moot asked if
the plant was being protected to preserve the species itself or because the species supports other
species or plants or systems. Mr. Merkel stated that with what is known today, it is a species that
helps to define a habitat as opposed to a habitat support for other species, however the ecological
links are not fully known, and it is important to preserve the plant for the conservation of the species.
Deputy Mayor Salas asked why there is current objection to the proposed project, which has
undergone two tiers of environmental review and to which an additional fourteen acres of preserve
has been added. Mr. Merkel stated that there is a heightened awareness that there are few
populations of Tarplant in existence; however, a lot of small populations have existed in relatively
developed areas for many years, and the management of the plants is the key to preservation.
Cindy Burrascano, representing the Califomia Native Plant Society, P. O. Box 121390, San Diego
92112, stated that what the City decides to do with the property is critical to the long-term survival
of the species, which is listed as endangered by both the state and federal governments. She asked
the Council to expand the preserve to save additional plants so that in a drought cycle, there will be
a sufficient amount of seed remaining in a variety of conditions to allow the plant to survive.
Page 7 - CotLncil Minutes 10/19/99
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDiNANCES (Continued)
Allison Rolfe, representing Preserve South Bay and The Center for Biological Diversity, expressed
concern about the proposed development, stating that while the project provides 1,400 residential
dwelling units, it contains only a small area of commercial development. Thus, the development will
be auto-dependent, which means it will be resource intensive. She pointed out that the preferred
alignment for SR-125 is being used and asked what would happen if a different alignment were
finally adopted. She also mentioned that the conservation agreement is valid only if the City
completes its Subarea Plan.
Jo Holehouse, 5630 San Miguel Road, expressed concern that traffic from the development, as well
as trucks hauling building materials, would use the now quiet, rural, two-lane County road rather
than travel to and from the development on City roads.
Ramon A. Ymzon, 5732 Sweetwater Road, Bonita, representing himself and the Sweetwater Valley
Civic Association, stated that recent developments have increased freeway traffic, generated a mile
of cars trying to enter the fleeway, and placed residents at risk during peak hour traffic because
emergency response vehicles cannot move efficiently on many Chula Vista streets. He also objected
to the Final Environmental Impact Report, citing what he believed to be inaccuracies requiring
corrective action.
Phil Gaughan, 455 Rivercreek Court, stated that the increased elementary school traffic will cause
a significant problem on Proctor Valley Road, and the increase in overflow traffic will spill into the
existing Estancia neighborhood. He suggested that the proposed school be moved across from a
neighborhood park and that the roads be redesigned to accommodate the increased traffic.
Cheryl Cox, 84 East J Street, stated that the new school will serve the children of the Estancia
neighborhood because of its close proximity. Dr. Cox felt the school district needed to make sure
that ingress and egress remain safe, not only for pedestrian traffic but also for vehicular and school
bus traffic as well. Because of the larger size of lots in the development, fewer children will come
from the area, and many will be able to enter the school grounds from a back street and walk through
the playground to a side entrance of the school. Estancia residents will be involved in the siting of
the parking areas, academic areas and play areas of the school.
Mark McGuire, counsel to Trimark San Miguel, stated that populations of Tarplant fluctuate over
time and in different places. The preserve area has been designed to try to preserve areas that have
been known to persist over time in different conditions. There are substantial percentages that will
be preserved, not only on the south parcel but elsewhere; SDG&E has committed to significant
preservation on its site, 80 to 100% of its population of Tarplant. He also mentioned that the
California Native Plant Society had not commented on the General Development Plan (GDP) EIR,
and the Tarplant was clearly a major issue at that point, in December of 1996. Tough decisions were
made at the GDP level, and the developer is trying to implement those decisions in good faith, is
committed to the management of preservation of the Tarplant, and is committed to implementing
the GDP via the SPA.
Betty Dohaney, Director of Environmental Services for P&D Consultants, stated that the firm has
reviewed the Environmental Impact Report, worked with the responses to comments, and addressed
the issues raised by the Planning Commission. Specific issues that were raised relative to the Otay
Tarplant were addressed in various measures. The firm concurs that the various reviews of the
project address overall regional conservation, as well as project-specific issues, related to the Otay
Page 8 - Council Minutes 10/19/99
PUBLIC HEARINGS AND ELATED RESOLUTIONS AND ORDINANCES (Continued)
Tarplant. The EIR concluded that the overall impacts are significant and unmitigated; however,
there are extensive mitigation measures that address the proportionality of the impact. Two-thirds
of the populations are being protected, and a greater number of populations will be distributed in
greater areas of microhabitat, as indicated in preservations on the north parcel, the northern portion
of the south parcel, and the south portion of the south parcel. Therefore, the microclimate and the
potential for genetic variability in those areas are expanded versus having one population with
extensive individuals in a location. Thus, from a regional perspective, and from a project-specific
perspective, the issue of proportionality has been fully addressed. Further, the state's Endangered
Species Act indicates that various measures are available to provide mitigation, and the management
plan is an extensive mitigation measure for the overall preservation of the site-specific Otay Tarplant
populations. The California Department of Fish and Game and the U.S. Fish and Wildlife Service
have concluded that the impacts are acceptable from the standpoint of federal and state Endangered
Species Act issues.
There being no one further wishing to speak, Mayor Horton closed the public hearing.
Cindy Burrascano, representing the California Native Plant Society, asked if the developer intended
to turn the preserves over to the resource agencies for management. Mark McGuire, counsel to
Trimark San Miguel, responded that the developer is committed to developing a management
program with input from the resource agencies and interested members of the public. If, ultimately,
the resource agencies were willing to assume responsibility for managing the preserves, the preserves
would be transferred to them along with adequate funding to do so.
Deputy Mayor Salas asked about a shortfall in funding for the school that reportedly was being
addressed in an agreement between the project applicant and the various school districts. John
Maddux, legal counsel, responded that he could not comment on the status of negotiations relative
to the agreement, however, SB 50 severely preempted and limited local agencies, cities and counties
in particular, in their ability to impose mitigation measures for schools. In fact, local agencies are
prohibited from conditioning projects on anything but the payment of fees to school districts that are
required by statute. SB 50 specifically states that the payment of fees is a basis for local agencies
to conclude that impacts have been fully mitigated, but it is commonly acknowledged that the
payment of fees required by the Education Code do not fully fund the infrastructure improvements
that are necessary.
Councilmember Davis commented that the Planning Commission's concerns regarding
transportation were of a regional nature, and the City needs to make sure that SANDAG is
addressing regional transportation issues and that SR-125 is constructed as soon as possible.
Councilmember Moot commented that from all the information presented, with a good management
plan, and with the involvement of Fish and Wildlife in that management plan, he was comfortable
that the survivability of the plant species would be ensured.
ACTION: Councilmember Davis offered Resolution #19630, Resolution of the City Council
of the City of Chula Vista, certifying Final Subsequent Environmental Impact Report
(FSEIR-97-02) for the San Miguel Ranch SPA Plan and Tentative Subdivision Map,
making certain findings of fact, adopting a statement of overriding considerations
pursuant to the California Environmental Quality Act, and adopting a mitigation
monitoring program, heading read, text waived. The motion catTied 5-0.
Page 9 - Council Minutes 10/19/99
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
With regard to Item #10, Deputy Mayor Salas stated that this project has been in the planning stages
for many years, the developer has refined the plans and considerably revised the grading plans to be
sensitive to the topography, and she felt that, in time and with the proposed landscaping, the project
would blend into the area.
Councilmember Moot commented that he was happy to see that Trimark preserved the Council's
goal to provide some estate-type housing in the City.
Mayor Horton stated that she had voted against the project in 1996 and would be consistent with that
vote at this time. She stated that the South County region is lacking in high-end housing, and Chula
Vista provides more than its fair share of affordable and higher density housing. More estate-type
lots in this area would have been preferable and in keeping with the character of the Bonita
community. She commended Trimark for its efforts to preserve and protect the environment.
Councilmember Padilia stated that he believed that the applicant's proposal was solid, providing to
the extent feasible recognition of the City's general development goals of providing larger lots and
more estate housing. He agreed that the City needs to continue in the future to increase the variety
of housing types in the City.
ACTION: Deputy Mayor Salas offered the first reading of Ordinance No. 2799, approving the
San Miguel Ranch Planned Community District Regulations and Land Use District
Map; and Resolution No. 19631, Resolution of the City Council of the City of Chula
Vista, approving the San Miguel Ranch Sectional Planning Area (SPA) Plan with
Planned Community District Regulations, Design Guidelines, Public Facilities
Financing Plan/Fiscal Impact Analysis, Affordable Housing Program, Air Quality
Improvement Plan, and Water Conservation Plan for approximately 743 acres located
east and north of Proctor Valley Road, south of Sweetwater Reservoir and the
SDG&E Miguel substation, and west of Rolling Hills Ranch, headings read, texts
waived. The motion carried 4-1, with Mayor Horton voting no.
ACTION ITEMS
11. RESOLUTION NO. 19632, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, WAIVING CONSULTANT SELECTION PROCESS AS IMPRACTICAL
AND APPROVING AGREEMENT WITH RNL DESIGN FOR PREPARATION OF
CORPORATION YARD CONSTRUCTION DRAWiNGS AND AMENDING FISCAL
YEAR 1999/2000 CIP BUDGET AND APPROPRIATING FUNDS (4/5TH'S VOTE
REQUIRED)
On September 15, 1998, Council approved an agreement with San Diego Gas & Electric
(SDG&E) for the City's purchase of SDG&E's South Bay Service Center at 1800 Maxwell
Road. On November 17, 1998, Council approved an agreement with RNL Design for
preparation of a Corporation Yard Master Plan update and schematic design drawings. RNL
Design has completed the Master Plan update and the schematic design drawings for the new
Corporation Yard and is prepared to begin construction drawings and other items necessary
to go to bid for construction of the improvements needed for City operations.
Deputy Director of Public Works/Operations Byers provided a project overview, including the
condition of existing facilities, proposed site improvements, and project schedule.
ACTION: Mayor Horton offered Resolution #19632, heading read, text waived. The motion
carried 5-0.
Page 10 - Council Minutes 10/19/99
ACTION ITEMS (Continued)
13. C. RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DETENTION BASIN
AND SILTATION AGREEMENT BETWEEN THE CITY AND MCMILLIN OTAY
RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
This item is to consider an amendment to an existing agreement with McMillin for Telegraph
Canyon, which will exclude all areas located within the Poggi Canyon basin previously
included in the agreement. The item was continued from the meeting of October 12, 1999.
ACTION: Mayor Horton moved to continue this item to November 9, 1999. Councilmember
Davis seconded the motion, and it carried 5-0.
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
City Manager Rowlands suggested that the Council hold a workshop on Monday, November 15,
1999, at 4:00 p.m., to discuss Police Department facility requirements.
15. MAYOR'S REPORTS
A. Ratification of appointment to the Child Care Commission - Jarflee Lambert (to fill
vacancy created by Commissioner Correira, whose term expires June 30, 2000).
ACTION: Mayor Horton moved to ratify the appointment of Janice Lambert to the Child Care
Commission. Councilmember Davis seconded the motion, and it carried 5-0.
16. COUNCIL COMMENTS
Deputy Mayor Salas congratulated and expressed appreciation to Mayor Horton for chairing the
successful fashion show benefiting Casas Seguras.
Councilmember Padilia also congratulated Mayor Horton on the success of the event.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One case.
ADJOURNMENT
At 10:22 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of October 26, 1999,
at 6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC/~AA~, City Clerk
Page 11 - Council Minutes 10/19/99