HomeMy WebLinkAboutcc min 2002/01/15 RDA MINUTES OF ADJOURNED REGULAR MEETINGS
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
January 15, 2002 6:00 p.m.
Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of
Chula Vista were called to order at 6:36 p.m. in the Council Chambers, located in the Public
Services Building, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Councilmembers: Davis, Padilla, Rindone, Salas and
Chair/Mayor Horton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney
Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2001
The audited financial statements for the fiscal year ended June 30, 2001, as prepared by
the independent audit firm of Caporicci, Cropper & Larson, were presented for
information and acceptance. Both the City's and the Agency's annual financial reports
received unqualified (clean) opinions from the independent audit firm. (Assistant City
Manager Powell)
Staff recommendation: Agency/Council accept the fiscal year 2000/2001 financial
statements.
2. AGENCY RESOLUTION NO. 1763, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA DISCONTINUING REDEVELOPMENT
AGENCY STIPEND PAY FOR CITY CLERK'S OFFICE EMPLOYEES EFFECTIVE
01/15/02 AND PROVIDE RETROACTIVE PAY FOR ALL UNCOMPENSATED
MEETINGS iN FY 2001/02
In 1986, the Redevelopment Agency approved a $30 stipend per Agency meeting for
management staff of the City Clerk's office. This was in response to the fact that the
RDA meetings were moved from Thursday to Tuesday and would take place immediately
following the regular Council meeting. Previously, the Redevelopment Agency secretary
would take minutes at the RDA meeting. However, once the meeting was changed to
Tuesday after the Council meeting, it was decided that instead of making the Agency
secretary wait until the City Council meeting was over, the City Clerk would take the
minutes for the Redevelopment Agency. The requirement to attend Agency meetings
was taken into consideration when setting compensation levels, thus eliminating the
necessity for the stipend. The position of Deputy City Clerk is scheduled for formal
compensation/classification review in the near future. (City Clerk; Human Resources
Director)
Staff recommendation: Agency adopt the resolution.
CONSENT CALENDAR (Continued)
3. AGENCY RESOLUTION NO. 1764, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $698,000 FROM
THE UNAPPROPRIATED FUND BALANCE IN THE MERGED PROJECT AREA
FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE GENERAL
FUND 1N THE AMOUNT OF $556,687.95 AND RELATED INTEREST IN THE
AMOUNT OF $141,312.05
From time to time, as funds are available, the Redevelopment Agency repays the General
Fund for previous debt owed. This action uses currently available Agency resources in
the merged project area to pay down outstanding Agency debt to the General Fund.
Repayment of this debt is consistent with staff's recommendation to the City Council on
September 18, 2001, when Council took action on the "H" Street project. This completes
the previous action. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 through #3, headings read, text waived. The motion
carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
4. PUBLIC HEARING TO CONSIDER AMENDING THE TOWN CENTRE 1 LAND
USE POLICY
In September 1977, the Agency adopted the Town Centre I Land Use Policy to establish
definitive criteria for land uses and to inform the general public of the type ~)f businesses
that would be consistent with the goals and objectives of the Town Centre I
Redevelopment Plan. The land use policy included general policy guidelines and a list of
permitted and non-permitted uses. In September 1999, the land use policy was amended
to include the downtown "vision" statement, a reference to Municipal Code regulations
relating to exterior noise levels, and a new category specifying land uses that require a
special use permit. In an effort to enhance and diversify the land-use mix in the
downtown area, and the need to provide a more user-friendly land-use guide for
prospective investors, owners, tenants, and the general citizenry, staff determined that it
was again necessary to amend the land-use policy. The proposed amendment provides an
improved policy that mirrors the goals and objectives of the Town Centre I
Redevelopment Plan and Implementation Plan and implements the "vision" of
establishing downtown Chula Vista as the business, entertainment, civic, and cultural
focal point of the city. Additionally, a specific change to allow bail bond offices north of
"H" Street was requested for inclusion in the update. Bail bond offices are currently
allowed with a special use permit only in Subarea 3 (Third Avenue between "H" and 'T'
Streets) of the redevelopment area. Staff does not support a change to the current policy
regarding bail bond offices but has provided the Agency with an option to consider, at its
discretion, that would allow bail bond offices north of "H" Street. (Community
Development Director)
Page 2 Council/RDA Minutes 01/15/02
PUBLIC HEARiNGS (Continued)
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.
Redevelopment Manager Estes presented the proposed amendments to the Town Centre I Project
Area Land Use Policy.
Chair/Mayor Horton opened the public hearing.
Jack Blakely, representing the Chula Vista Downtown Business Association, supported the
matrix of proposed land uses and the implementation of stronger amendments in the future. He
opposed changing the current regulations to allow bail bond offices and encouraged the Council
to support staff's recommendations.
John Miller, 283 G Street, spoke in support of the amendments but asked the Council to leave an
option open for a bail bond office in the downtown area.
William Virgis, representing the Cultural Arts Commission, commented that cultural arts
components are specified in the land uses as part of the vision for the downtown area.
Lisa Moctezuma, 289 Third Avenue, representing the Moctezuma Book and Gallery, spoke in
support of the proposed vision.
A1 Gore, representing the Cultural Arts Commission, asked the Council to include the arts in the
vision to revitalize Third Avenue.
Pamela Bensoussan, 616 Second Avenue, representing historic homeowners, supported the
amendments but requested that cultural arts be more defined.
Beatrice Zumora-Aguilar, 988 Barrett Avenue, representing the Mexicayoti Indio Cultural
Center, spoke in support of a cultural arts center, stating that it would help build leadership skills
and self-confidence in the youth of the community.
Norma Cazares, representing South Bay Forum, supported the proposed amendments.
Ron Bolles, 1632 Quailsprings Court, representing Chula Vista SCPA, spoke in support of the
amendments and also the acquisition of Cinemastar or an alternative property for a performing
arts center.
Arlle Ricasa, 1785 Sunny Crest Lane, supported the proposed amendments and encouraged the
Council to seek a professional venue for cultural arts in the City's core.
Leanne Monzon, 878 Entrada Place, spoke in support of a cultural arts center.
Frank Roseman, 66 Montebelo Street, asked the Council to include a cultural arts center in the
vision.
Page 3 Council/RDA Minutes 01/15/02
PUBLIC HEARINGS (Continued)
Lupita Jiminez, 1134 Arbusto Corte, spoke in favor of a cultural arts center in downtown Chula
Vista.
Archie McAllister, 1739 Elmhurst, suggested that the Council visit the website of downtown
Santa Monica, a showcase for revitalization of a downtown area, in order to obtain ideas
regarding the Town Centre Master Plan. He stated that the Master Plan allows for, but does not
promote, the arts.
Nancy Parks, 124 Hilltop Drive, asked the Council to consider language in the vision statement
that would help maintain the historic core by encouraging the preservation of historic buildings.
David Bensoussan, 616 Second Avenue, spoke in support of the amendments.
Byron Mantack, 397 Third Avenue, representing Byron Mantack Bailbonds, spoke in support of
his bail bond business, stating that public concern regarding the attraction of criminal elements
as a result of a bail bond business in downtown Chula Vista was unwarranted and was the result
of misinformation and a lack of knowledge of the bail bond business. He requested that Council
consider the facts before making a final decision.
With no further members of the public wishing to speak, Chair/Mayor Horton closed the public
heating.
Agency/Councilmember Davis stated that she supported the amendment but could not support
denying the opportunity for a bail bond business to be located on a second floor or perhaps
behind a 40~foot setback in the downtown area. She likened a bail bond business to other
professional businesses as attorneys and doctors, and, therefore, believed that denying such a
business would be unreasonable and discriminatory.
Agency/Councilmember Padilla suggested that the language for entertainment and the arts be
more specific.
ACTION: Chair/Mayor Horton then offered Agency Resolution No. 1765, as amended to
include the necessary language as it pertains to adult entertainment.
AGENCY RESOLUTION NO. 1765, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AMENDING THE TOWN CENTRE 1 LAND USE POLICY TO iMPLEMENT
THE GOALS AND OBJECTIVES OF THE TOWN CENTRE 1
REDEVELOPMENT PROJECT AREA PLAN AND iMPLEMENTATION
PLAN; AgSI§T IN TI-IE ELIMINATION OF PHYSICAL AND ECONOMIC
BLIGHTING CONDITIONS; AND iMPLEMENT THE "VISION" OF
ESTABLISHING DOWNTOWN CHULA VISTA AS THE BUSINESS,
ENTERTAINMENT, CIVIC, AND CULTURAL FOCAL PO1NT OF THE CITY
The motion carried 4-1, with Agency/Councilmember Davis voting no.
Page 4 Council/RDA Minutes 01/15/02
PUBLIC HEARINGS (Continued)
5. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-
01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND
LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Chair/Mayor Horton opened the public heating.
ACTION: Chair/Mayor Horton then moved to continue the heating to the meeting of
February 5, 2002, as requested by staff. Agency/Councilmember Padilla
seconded the motion, and it carried 3-0, with Agency/Councilmembers Salas and
Davis absent from the dais.
6. PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL LAND USE
PERMIT TO ALLOW A BAIL BOND OFFICE AT 397 THIRD AVENUE, SUITE C
Staff recommendation: That the public hearing be opened and continued to the
Redevelopment Agency meeting of February 5, 2002.
This item was not considered.
ACTION ITEMS
7. AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH PACIFICA COMPANIES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY IN THE MIDBAYFRONT
SUBAREA OF THE BAYFRONT REDEVELOPMENT PROJECT AREA
In 2001, Pacifica Companies notified the City that it had signed an option agreement with
Chula Vista Capital, the primary property owner of the midbayfront property, for the
purchase and development of the approximately 97-acre site. Pacifica also indicated to
the City its desire to include in its development proposal additional lands, some of which
are owned by the Redevelopment Agency. Pacifica Companies created a design team
consisting of architectural, engineering, and environmental consultants, among others, to
develop a conceptual master plan for the approximately 126-acre project site. The project
proposes 5.8 million square feet of high quality, mixed-use building area comprised
primarily of residential units, some limited commercial, up to three hotels, restaurants,
recreation areas, and a community center. Pacifica Companies is a group of diversified
real estate companies with an extensive real estate portfolio, including hotels, office and
industrial buildings, retail shopping centers, and residential conununities located
throughout the United States. North C.V. Waterfront L.P., a limited partnership formed
by principals of Pacifica Companies for development of the midbayfront property, has
requested an exclusive negotiating agreement with the Redevelopment Agency for two
years, with an optional six-month extension, to prepare plans, pursue entitlements, secure
financing, and negotiate a disposition and development agreement for the project.
(Community Development Director)
ACTION: Chair/Mayor Horton moved to continue the item to the meeting of January 22,
2002. Agency/Councilmember Rindone seconded the motion and it carried 5-0.
Page 5 Council/RDA Minutes 01/15/02
ACTION ITEMS (Continued)
8. CONSIDERATION OF A SERIES OF AMENDMENTS TO MUNICIPAL CODE
CHAPTER 9.50
Chapter 9.50 of the City's Municipal Code (Mobilehome Space Rent Review Ordinance)
was first enacted in May 1982 as a process for the negotiation and mediation of rent
increases for mobilehome communities. In 1989, Chapter 9.50 was amended to include a
process for rent review upon change of ownership of mobilehomes that were to remain
within the park. The chapter also established the Mobilehome Rent Review Commission
to act as a due process body for rent disputes and advise Council on mobilehome issues.
As a result of the City's concerns regarding difficulties in implementing and
administering Chapter 9.50 of the City's Municipal Code, increasing housing costs, and
the general safety and welfare of residents of mobilehome communities, Councilmember
Padilla initiated ongoing discussions with representatives of mobilehome park residents
and park owners to address these issues and concerns. With the assistance of staff and
outside legal counsel, Councilmember Padilla has been working over the past few years
on revisions to the ordinance. Upon further review, staff found it necessary to
recommend additional revisions to provide clearer direction and definitions, as well as
consistency with state mobilehome residency law. (Community Development Director)
Conmaunity Development Specialist Hines presented the proposed amendments to Chapter 9.50
of the Municipal Code.
Bob Crane, 1925 Otay Lakes Road, spoke in opposition to ordinance provisions regarding
vacancy de-control, stating that the proposed amendment gives no appeal rights to tenants.
Richard Kelton, representing Otay Lakes Lodge, spoke regarding the annual permissive increase,
stating that the section needs to be clear that rents will be increased only once a year except for
transfer of possession. Regarding Section 9.50.064 concerning owner meetings and voluntary
negotiations, he stated that there needs to be more clarification as to whether the results need to
be by unanimous or a majority consent of the residents. Regarding the 75% provision, he stated
that the existing ordinance provides a substantial discount to residents, and he asked that the full
CPI be retained.
Steve Molski, 677 G Street #111, representing 200 tenants, expressed concern regarding what
happens when a vacancy occurs and who would get the mobilehome and at what price if the new
owner and park owner cannot agree on a rent price. He asked the Council to afford more
protection to park tenants.
Dennis Chaffee, 43 Corso Di Italia, representing the Chula Vista Mobile Home Park, was
concerned that the elimination of vacancy control would mean the end of affordable housing in
Chula Vista.
Thomas Fredricksen, 121 Orange Avenue #77, asked the Council to move forward in making
necessary changes for the majority.
Page 6 Council/RDA Minutes 01/15/02
ACTION ITEMS (Continued)
Frederick Dufresne, 1925 Otay Lakes Road #102, representing the Mobilehome Owner
Coalition, believed that the section regarding rent increases upon change of ownership needed
further review, stating that vacancy control cannot be lost. He agreed with the remainder of the
proposed ordinance.
Barbara Worth, 1425 Second Avenue, believed a cap should be placed on potential rent increases
when a home is sold and suggested that the Council reconsider Section 9.50.067.
Barbara Nunnelu, 701 D Street, spoke in favor of the proposed ordinance amendments.
Norma Runyan, 1100 Indus Trail #D-31, representing Brentwood Mobilehome Park, spoke in
support of the proposed amendments.
Wayne Steeves, 121 Orange Avenue, spoke in favor of the proposed changes except for the cap,
which he felt required reconsideration by the Council.
Saull Roskin, 501 Anita Street #76, spoke in favor of the proposed amendments, except for the
rent de-control portion, explaining that there should be no reason for a rent increase when a new
resident moves into the park because the rent should be based on the space.
Pat LaPierre, 1925 Otay Lakes Lodge, suggested that language be incorporated to allow the
Council to change the vacancy control portion if there is evidence of rental abuse by a park
owner.
Jack Doyle, representing the Western Manufactured Housing Communities Association, opposed
the basic rent control concept, as he felt that it would discourage competition, reduce new
investments in manufactured housing, and limit revenues available for park improvements. He
believed the proposed ordinance was a more practical and legally enforceable ordinance.
Doris Sullivan, 121 Orange Avenue #119, expressed concern regarding de-regulation and stated
that she had received indications from park owners that rent increases would make selling
mobilehomes to prospective tenants difficult.
Virginia Jensen, 1490 Third Avenue, stated that park owners require assistance in enforcing park
rules and regulations to ensure a pleasant living environment.
Alvin Meredith, 701 D Street, Space C11, stated that rent de-control needs to be addressed. She
also supported the enforcement of Title 25 regulations.
A1 Vargas, 501 Anita Street, pointed out that since park owners need residents, they would not
make rents so unreasonable that they would price themselves out of the market.
Tom Teagle, president of the Mobilehome Rent Review Commission, stated that often park rents
are highest in poorly run parks. He expressed concern regarding de-regulation and felt there
needed to be a cap on rent increases, since many park residents are low-income seniors. He
opposed the wording of the de-regulation section but supported the remainder of the ordinance.
Agency/Councilmember Padilla clarified the role of the Commission, which is to act as impartial
finders of fact on issues between residents and owners.
Page 7 Council/RDA Minutes 01/15/02
ACTION ITEMS (Continued)
Daniel Cacho, owner in the Don Luis Estates, stated that rents in Chula Vista have remained
lower than those in neighboring cities, making it difficult for park owners to maintain the parks.
He added that while space rentals remain below market value, tenants are receiving a higher
market value for the sale of their homes.
Teressa Wittle, 1925-44 Otay Lakes Road #44, expressed concern that the improvements she
plans to make to her mobilehome may be compromised because of rent deregulation.
Joel Ramerth, 502 Anita Street, objected to a previous speaker's comments regarding the cost of
space to the owners.
A gentleman from the audience stated that deregulation in a Spring Valley park has resulted in
mobilehomes being vacated by their owners and then purchased for re-sale by management. He
stated that his uncle, who lives in the park, is unable to sell his mobilehome since space rentals
are so high as a result of deregulation.
Jacqueline Fredricksen, 121 Orange Avenue #77, expressed concern that she would not receive
fair market value for her home since the park owner has requested a 70% rent increase above the
CPI. She stated that most of the mobilhomes sold are purchased by the park owner and then re-
sold.
Following Council questions and comments, Chair/Mayor Horton suggested that action be
postponed in order to further discuss vacancy de-control and other issues with park owners,
residents and staff.
ACTION: Chair/Mayor Horton moved to continue the item for three weeks.
Agency/Councilmember Rindone seconded the motion, and it carried 5-0.
9. JO1NT AGENCY/COUNCIL RESOLUTION DIRECTiNG STAFF TO IMPLEMENT A
CODE ENFORCEMENT PROGRAM FOR iNSPECTING MOBILE HOME PARKS
AND PROViDING FIELD SUPPORT FOR THE COMMUNITY HOUSiNG
IMPROVEMENT PROGRAM, ADDiNG ONE BUILDING iNSPECTOR II/CODE
ENFORCEMENT OFFICER II; AND AMENDiNG THE CURRENT YEAR BUDGET
AND AMENDiNG THE FISCAL YEAR 2002-03 SPENDING PLAN TO PROViDE
FUNDING THEREFOR
The preservation and improvement of affordable housing is critical to the long-term
interests of Chula Vista. Therefore, a proposed new Building Inspector II/Code
Enforcement Officer II position will be assigned the responsibility of conducting
inspections of mobile home parks and providing field assistance to the Community
Housing Improvement Program (CHIP). Due to financial limitations imposed by the
State of California, the existing Title 25 Mobile Home Park Inspection Program is not
staffed at a level that can adequately respond to the deteriorating conditions found in
some of the City's mobile home and trailer parks. This position will supplement those
efforts and will be funded from a combination of the General Fund and the
Redevelopment Low and Moderate Income Housing Fund. (Community Development
Director; Planning and Building Director)
ACTION: Chair/Mayor Horton moved to continue the item for three weeks.
Agency/Councilmember Rindone seconded the motion and it carried 5-0.
Page 8 Council/RDA Minutes 01/15/02
OTHER BUSINESS
10. DIRECTOR'S REPORTS
There were none.
11. CHAIR/MAYOR REPORTS
There were none.
12. AGENCY/COUNCIL COMMENTS
There were none.
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
a. Agency vs. Rados Bros. [Case No. GIC734557-1 ]
This item was not discussed.
b. Shinohara vs. City of Chula Vista, Superior Court, County of San Diego, South
Bay Judicial District, Court Case No. GIS 002460
ACTION: Direction was given to Counsel.
c. Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San
Diego Judicial District, Court Case No. GIC758620
ACTION: Direction was given to Counsel.
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One Case
This item was not discussed.
ADJOURNMENT
At 11:35 p.m., Chair/Mayor Horton adjourned the meeting to an adjourned meeting of the
Redevelopment Agency on January 22, 2002, at 6:00 p.m., immediately following the City
Council meeting in the City Council Chambers.
Susan Bigelow, CMC/A~E, City Clerk
Page 9 Cotmcil/RDA Minutes 01/15/02