Loading...
HomeMy WebLinkAboutcc min 1995/02/28 (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 28, 1995 6:08 p.m. 1. ROLL CALL: PRESENT: ALSO PRESENT: CALL TO ORDER Council Chambers Public Services Building Councilmembers Fox, Moot, Padilia, Rindone, and Mayor Hotton John D. Goss, City Manager; Brace M. Booganrd, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: Febnmry 21, 1995 MSC (Rindone/Fox) to approve the minutes nf February 21, 1995aspresented. Approved 4-0-0-1with Moot abstaining. 4. SPECIAL ORDERS OF THE DAY: a. Presentation by Robert Ball, General Manager, Homsby Council, Homsby, Australia. b. Proclaiming Tuesday, February 28, 1995 as "SPAY DAY USA" in the City. Mayor Pro Tem Rindone presented the proclamation to Candy Schumann, Chair of the Spay Neuter Action Project (SNAP). CONSENT CALENDAR (Items pulled: 5b) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved unanimously. Item 8 continued to the meeting of 3/7/95. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney slating that there were no observed reportable actions taken from the Closed Session of 2/21/95. It is recommended that the letter be received and filed. b. Letter requesting endorsement of the Chula Vista Trolley Center Project - Ronald C. Dellinger, Co- Chair, and Barbara A. Wotth, Co-Chair, Corporate Fund Raising, Chula Vista Project for the Habitat for Humanity, 285 Third Ave., Chula Vista, CA 91910. It is recommended that Council wait to make a decision conceming endorsement of the proposal from Habitat for Humanity until negotiations are further along and a development agreement has been negotiated. Pulled from the Coltsent Calendar. Patty Davis, 1375-17 Calle Jon Montefrio, Chula Vista, CA, requested CounciFs general endorsement of Habitat for Humanity in concept. Habitat fbr Humanity was a source of low income home ownership and would be a welcome addition to the City. She felt it was important fbr the City to show their support so Habitat for Humanity would continue to work with staff and return to Council with a project tbr approval. The letter did involve a project, but that was not what they were asking for. They wanted a general endorsement of Habitat for Humanity as low income home ownership in Chula Vista. Minutes February 28, 1995 Page 2 · Ronald C. Dellinger, 285 Third Avenue, Chula Vista, CA, requested Council endorsement of Habitat for Humanity in concept. MS (Horton/Fox) to approve in concept, push forward and work with Habitat for Humanity to provide low income housing for the citizens of Chula Vista. Councilmember Fox felt Council had implied their support when they directed staff to exclusively negotiate with Habitat for Humanity. Councilmember Rindone questioned if the motion would be in conflict with the staff request. Juan Arroyo, Housing Coordinator, responded that the memo related to a specific project that shaft was working on with Habitat for Humanity. There were a number of planning and site plan issues for that project that were still under negotiations. He felt it would be several months before those issues would be resolved. The staff request was broader in terms of the concept of Habitat for Humanity eftbrts. VOTE ON MOTION: approved unanimously. 6. ORDINANCE 2627 AMENDING SECTION 10.52.070 OF THE MUNICIPAL CODE RELATING TO POLICE REMOVAL OF VEHICLES (first reAiding) - The Police Department has been experiencing problems with chronic refusal by certain businesses to obey the prohibition against parking cars on the sidewalk. In order to enforce the law by removing the vehicle, it is necessary for Council to explicitly authorize same by Ordinance. Staff recommends Council place the ordinance on first reading. (Chief of Police) 7.A. ORDINANCE 2628 ENACTING THE CITY ASSESSMENT DISTRICT PROCEDURAL ORDINANCE (first readinf,) - On 4/12/94, Council adopted the proposed Resolution of Intention, adopted the boundary map, and requested consent and jurisdiction from the County to order the acquisition and financing of the public improvements for Assessment District Number 94-1. On 5/5/94, Council approved the Acquisition/Financing Agreement for the district. On 6/7/94, the County of San Diego gave the City consent and jurisdiction to construct improvements and levy assessments on properties located within County jurisdiction. Staff reconunends Council place the ordinance on first reading and approve the resolutions. (Director of Public Works) B. RESOLUTION 17816 MAKING FINDINGS ON PETITION IN ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II) C. RESOLUTION 17817 ADOPTING A MAP SHOWING THE AMENDED BOUNDARIES OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II) D. RESOLUTION 17818 DECLARING INTENTION WORK TO BE MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II) Councilmember Rindone questioned if the resolution authorized the issuance of bonds. John Lippitt, Director of Public Works, replied that the resolution set up a hearing to establish a district and then there would be separate action to sell the bonds. E. RESOLUTION 17819 PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PKELLMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARINGS FOR ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS II) Minutes February 28, 1995 Page 3 8. RESOLUTION 17820 APPROVING AN AGREEMENT WITH THE AIR POLLUTION CONTROL DISTRICT FOR THE PURCHASE OF A RETROFITTED ELECTRIC SHUTTLE; APPROPRIATING $20,000 IN GRANT FUNDING TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME; WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND AUTHORIZING THE EXPENDITURE OF $20,000 FOR THE ELEKTRUK - In 1993, Council accepted $20,000 in grant funding from the Air Pollution Control District (APCD). The funds were designated to purchase an electric shuttle to service the Telecenter Project. Approval of the contract with APCD would authorize staff to purchase the electric vehicle. Staff recommends approval of the resolution. (Administration) 4/5th's vote required. Continued to the meeting of March 7, 1995 at staff request. 9. RESOLUTION 17821 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF CAB AND CHASSIS WITH MOUNTED AERIAL L1FT AND CHIP BODY - On 1/18/95, bids were received for Cab and Chassis with mounted aerial lift and chip body for Public Works Operations. Staff recommends approval of the resolution. (Director of Public Works and Director of Finance) 10. RESOLUTION 17822 APPROVING CERTAIN MODIFIED DOCUMENTS PERTAINING TO REMARKETING OF VARIABLE RATE MULTIFAMILY HOUSING REFUNDING BONDS FOR TERRA NOVA VILLAS HOUSING PROJECT AND AUTHORIZING MAYOR TO EXECUTE ASSOCIATED DOCUMENTS - In 1992, the City issued $9,490,000 in multi family mortgage revenue bonds to refinance at a more favorable interest rate bonds that were previously issued in 1985 for a 232-unit apartment project on East "H" Street. The letter of credit enhancement expires 3/1/95. The existing owner wishes to remarket the bonds at a variable interest rate and has secured an extension of the existing letter of credit to 1998. The transaction requires the City to approve a First Supplemental Indenture of Trust and a First Amendment to the Loan Agreement. Staff recommends approval of the resolution. (Director of Community Development) Councilmember Rindone questioned who the owner of the property was. Dave Gustafson, Assistant Director of Community Development, responded that it was BRE in Orange County. They had owned the property for approximately I 1/2 years. They were a privately held company and appeared very strong. Councilmember Rindone questioned what the interest rate would be for the rernarketed bonds. Mr. Gustarson stated it would be a competitive but he did not know the specific interest rate. Councilmember Rindone questioned if that would be brought back to Council if the rate for the remarketed bonds was not satisfactory. Mr. Gustafson responded that would not be possible because the transaction had to be completexl on 3/1/95. Coancil was being asked to approve minor amendments to the loan agreement and indenture that allowed for a different letter of credit at a different rating, not to approve an issuance of bonds. If the new letter ci credit was not substituted for the expiring letter of credit then all the bonds would be called and the issue would collapse. The advantage was that if the letter of credit was extended and. therefore, extend the period of the bonds, it would also extend the regulatory agreement which provided for the affordable units in the project. If the extension was not approved the project would no longer have to have affordable units in the project. It was brought to staff by the underwriter in the last two weeks. They thought they could accomplish the task on an administrative basis and not have to have Council approval, but when the trustee looked at the documents they required the minor technical modifications to the indenture and loan agreement. Councilmember Rindone requested that staff provide a follow-up memo regarding the interest rate. Minutes February 28, 1995 Page 4 11. RESOLUTION 17823 APPROVING THE SUBMITTAL OF THREE APPLICATIONS FOR THE FISCAL YEAR 1995/96 TXVO PERCENT NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET) FUNDS - Annually the City submits an updated list of projects for inclusion in the seven-year implementation program of the non-motorized element of the Regional Transportation Improvement Program. SANDAG regulations require that official applications be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. A resolution must be approve/.] authorizing submittal of the Fiscal Year 1995/96 Bicycle Project applications for available TDA and TransNet Funds in order for the application to be official. Staff recommends approval of the resolution. (Director of Public Works) 12. REPORT CITY APPLICATION FOR FUNDS MADE AVAILABLE BY THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (THE CRIME BILL) - Staff is concerned with the time-lines established by the Department of Justice for receipt of Crime Bill grant applications. Both the COPS AHEAD and COPS MORE applications are requiring a maximum six-week turnaround. Due to the grant's complex requirements, it will be difficult to develop complete and effective applications and process the applications through the customary Council approval process within the time constraint. It is anticipated that the competition for both programs will be intense. By accepting the recommendation, Council will enable staff to focus on the development of effective Crime Bill grant applications. Staff recommends Council: (1) Authorize the City Manager to submit the appropriate COPS AHEAD and COPS MORE applications; and (2) Direct the City Manager to bring forward a detailed Crime Bill Funding Implementation Plan for Council review and approval prior to the acceptance of any grant award resulting from the applications. (Chief of Police) Councilmember Rindone questioned where the matching funds would come from. Mr. Goss replied that the rmttching funds, in terms of staffing, could come from the general fund and CDBG funds. Options would be presented to Council in the future as the process evolved. In his judgement there would be a need to have the additional oi'ficers and it would be an opportunity to do that without the full impact on the general fund. Councilmember Rindone questioned if Council could apply the balance of CDBG funds. Mr. Goss responded it was his understanding that the amount of money set aside and utilized for social service agencies could be allocated as the local match for the Crime Bill. He was not certain staff would recommend that, but felt it should be reviewed. Councilmember Rindone questioned if the funds would be set aside in the 1995/96 budget, i.e. it was a pre- commitment on next years budget. Mr. Goss stated that was correct if the City was successful with the application. 13. REPORT REQUEST TO SANDAG TO INCLUDE A SUBREGIONAL TRANSPORTATION FINANCING STUDY FOR THE OTAY MESA/SOUTH COUNTY AREA IN ITS FISCAL YEAR (FY) 1995/96 WORK PROGRAM - Last year, the cities of San Diego and Chula Vista, and the County of San Diego, agreed to pursue the preparation of a subregional transportation financing strategy for the Otay Mesa/South County area. Since that time, the staft~ of the three jurisdictions have worked with SANDAG staff to prepare an overall scope of work for the study. SANDAG staff has agreed to support the inclusion of the study in its FY 1995/96 Overall Work Program. On 3/1/95, County staff is requesting the Board of Supervisors to formally endorse the proposal to have SANDAG perform the study and have requested support from the cities of San Diego and Chula Vista. Staff recommends Council endorse the inclusion of a subregional transportation financing study and authorize the Mayor to submit a letter in support of the request to SANDAG. (Director of Planning) * * END OF CONSENT CALENDAR * * Minutes February 28, 1995 Page 5 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - On 10/1/94, the County of San Diego and the Solid Waste Authority approved an increase in landfill tip fees from $55/ton to $74/ton for all cities refusing to join the Authority. The differential fee was subsequently eliminated on 2/1/95 when a tip fee of $55 for all system users went into effect. Although Laidlaw paid the higher disposal costs for the four months, the increase has not yet been passed on to ratepayers. Laidlaw has requested a rate increase in the landfill component to be spread over the next four months in order to recover the additional disposal costs paid out from 10/1/94 through 1/31/95. Staff recommends approval of the resolution. (Deputy City Manager Krempl and Principal Management Assistant Snyder) Continued from the meeting of 2/7/95. RESOLUTION 17824 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE 3/1/95 This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. Mayor Horton questioned if the rate increase had to be dealt with at the current time due to contractual agreements with Laidlaw. Stephanie Snyder, Principal Management Assistant, replied that the Municipal Code and ordinance governing the franchise with Laidlaw allowed for pass-through of costs paid for disposal. Staff had pursued with Laidlaw the possibility of deferring the issue but Laidlaw felt they did needed to pass through those costs. Mayor Horton stated it was her understanding with the new t~e structure that within the next year the $55 fee would be reduced to about $45. She questioned if Laidlaw could wait until that happened instead of constantly going to the ratepayers with increases. · Jim Weaver, Laidlaw Waste Systems, stated they had explored that option and discussed it with staff, but the additional dollars they had incurred in disposal expenses and landtill diversion credits were in excess of $500,000 for the four month period. Laidlaw could no longer aftbrd to incur those expenses and they needed to recover that. There was no firm commitment by the County that they would reduce the fees. Councilmember Rindone stated the County had set goals to reduce the fee, but the rate structure was unstable and, therefore, it could not be anticipated that it was a firm situation. He t~lt if the rates were adjusted it would tend to reduce the pressure on the City's lawsuit. There were two competing interests, i.e. the franchisee who was "holding the bag" and the possibility that it would never have to be paid. Mr. Boogaard replied that staff was pursuing a claim not just lbr the abatement of the surcharge but Ibr recovery of fees paid in the past. Even if they had been passed on to the ratepayers and the City received a recovery the City would incorporate that recovery into the rate base and reduce future rates for ratepayers. Councilmember Rindone questioned if action was taken by Council if it would weaken the City case. He did not feel the ratepayers should have to pay the discriminatory differential rate. Mr. Boogaard replied that he wanted to review the impact on the collectability with the City's special counsel on the lawsuit. He questioned whether Council could defer the item for one week. MS (Rindone/Fox) to continue the item for one week in order to confer with special legal counsel. Councilmember Fox stated Laidlaw wanted to start their billing on 3/1/95 and questioned how a delay would affect them. Minutes February 28, 1995 Page 6 Mr. Weaver responded they were prepared to send out the bills on 3/1/95 and it would delay the bills and invoicing of the ratepayers by one week which would generate calls and concerns. He did not feel the County would be making a decision to issue a rebate to Laidlaw within the next week. From their perspective it was an expense they had incurred. They agreed that if there was a refund issued by the County for the variable between October 1st and January 31st that would appear as an adjustment in the rate schedule for future rates. Councilmember Rindone questioned what the other nine cities had done regarding the pass-through for those four months. Ms. Snyder replied that Santee had passed it on to their ratepayers. In some cities the hauler had chosen not to bring it forward because they were pursuing other alternatives. To her knowledge no city had voted not to pass the costs on to the ratepayers. Mayor Horton stated she supported the motion but felt the City needed to try everything possible first to see if they could be reimbursed by the County or not have to pay the penalty. Councilmember Fox stated if it was passed through to the ratepayers he wanted to see notification on the billing which stated it was the Solid Waste Authority/County action that resulted in the increase and was not due to Laidlaw or the City. Councilmember Padilia agreed that the question of the relevance of the action to the City's position should have further research and it was not unreasonable to give special counsel time to review the question. Therefore, he would support the motion. Councilmember Moot felt it would be appropriate tbr the City to pass on any language placed on the billing to the City's special counsel to review for any potential impacts. VOTE ON MOTION: apprnved unanimously. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. RESOLUTION 17825 DESIGNATING MEMBERS OF THE GOVERNING BOARD OF THE CHULA VISTA-EL DORADO-LIVERMORE-MENLO PARK HOUSING FINANCE AGENCY - The City has an opportunity to sell three outstanding mortgages from the 1983 Chula Vista-El Dorado-Livermore-Menlo Park Mortgage Revenue Bond Issue and receive approximately $98,000 in housing funds. Staff recommends Council appoint two Councilmembers to serve and approve of the resolution. (Director of Community Development) Councilmember Rindone questioned what disadvantage there would be in not concurring with stafi~s recommendation. Shelia Shanahan, Community Development Specialist I, replied that the funds would be repaid after approximately twenty years. The disadvantage was that the City would continue to pay trustee fees to Bank of America so it would use the funds the City would eventually receive. Minutes February 28, 1995 Page 7 Councilmember Rindone questioned if the other agencies were leaning toward early completion, Ms. Shanahan responded that resolutions were being taken to their respective boards. On a staff level everyone seemed to be supportive. The joint powers authority was made up with two members from boards from each of the respective jurisdictions. As long as there was a quorum present at the meeting and an action was supported by the majority, it would pass. It would not require action on the part of all the jurisdictions. RESOLUTION 17825 OFFERED BY MAYOR HORTON, reading of the text was waived. MSUC (P, indone/Padilla) to appoint Mayor Hotton and Councilmember Moot as representatives from the City of Chula Vista. VOTE ON RESOLUTION 17825: approved unanimously. 16. REPORT EVALUATION OF THE COMMUNITY PRIDE FAIR SPECIAL EVENT - On 2/14/95, Council directed staff to prepare a report evaluating the Community Pride Fair and propose options regarding the alternatives for conducting the Fair in the future. The intent of the report is to discuss the Community Pride Fair held on 7/4/94, present the existing plans for the Community Pride Fair to be held on 7/4/95, and offer options which Council may wish to consider for sponsoring the Fair in future years. Staff recommends Council accept the report. (Director of Parks and Recreation) Councilmember Fox stated the Cultural Arts Commission rejected all staff options and presented their own which was not included in the fiscal impact portion of the staff report. He questioned what savings would be realized in the Cultural Arts Commission recommendation. Jess Valenzuela, Director of Parks & Recreation, replied that the Community Pride Fair had been budgeted $16,200. If combined with a Winterfest or Downtown Business Association function they would maximize the resources and would not have to utilize as much staff planning time and security. Councilmember Rindone questioned if the Cultural Arts Commission recommendation for one festival would mean the elimination of more than one event. · Dency Souval, Chair, Cultural Art Commission, stated they did not want to eliminate the Community Pride Festival or the Cultural Arts Festival. What they would like to see happen would be to combine them, not on the 4th of July and not necessarily to be held in May. When more people, entities, and groups were added it would be a more dynamic event. They felt Chula Vista needed a key signature event to celebrate its community and cultural diversity. They wanted all members of the community involved and in particular the children. Mayor Horton stated the scheduled date for the Cultural Arts Fair was 5/20/95 and she questioned if a change in schedule would complicate things. She further questioned if they wanted to target the 5/20/95 date for a combined Cultural Arts/Cultural Pride Fair. Ms. Souval stated Felicia Shaw was coordinating the event and she could not answer for her. They were willing to be open to any actions. Councilmember Rindone felt the City needed one premier event, i.e. the small events nee~!ed to be combined in an effort to recognize the rich diversity o fthe community. He questioned if there were signed contracts for the 5/20/95 and 7/4/95 activities. Mr. Valenzuela replied there were no signed financial contracts. There were verbal commitments and a planning committee had been established for the Community Pride Fair. Felicia Shaw was working on the Cultural Arts Festival. Minutes February 28, 1995 Page 8 MS (Rindone/Moot) refer to staff for a report back in one month with a plan combining all resources for a premier activity for 1995 recognizing the community pride and cultural diversity in the community. Mayor Horton supported the intent of the motion but did not feel July 4th was the proper day to have the event. She liked putting resources in the Cultural Arts Fair/Community Pride Fair and having one premier event. She felt that was the intent of the Cultural Arts Commission from the beginning. She recommended that the Winterfest be eliminated. She did not want to allocate all the funds to go toward a Community Art Fair/Cultural Arts Fair but put enough money into the event to make it a substantial activity for the community and region. Ms. Souval stated the Chamber was also willing to become involved in a one time event. The Commission did not intend to become involved in the Ships in the Harbor festival or Bonitafest as they were well established. They also were not in support of the 4th of July. CLARIFCATION OF MOTION: (Rindone) combine the resources of the various events into planning and establishing a single premier event to recugnize the pride in the community in all members of the community and all cultures of the community and not establish it on a holiday. It should be planned in proximity to Port lands so they could be a partner in the funding of the activity. The intent was to combine Winterfest, Cultural Arts Fair, and Community Pride Fair into a single event. Mayor Horton stated she would support the motion but wanted the Cultural Arts Commission to evaluate the site. She felt the Marina should also be approached to see if one of the larger rooms could be utilized for displays. William Virchis, 1604 Dartmouth, Chula Vista, CA, Member, Cultural Arts Commission, stated their intent was to involve every part of the community in the Cultural Arts Fair, i.e. business, schools, City, etc. Because it was scheduled in May the Commission would have to look at moving that date. Councilmember Padilia questioned if Council was looking at continuing with the present course or amending the program. Mayor Horton felt it should be left up to the Cultural Arts Commission to make that determination. Mr. Virchis stated they would return to Council with a realistic plan for Council review. Councilmember Padilia questioned if resources ti'om all events combined would be utilized. Councilmember Rindone replied the resources of the three events would be combined along with the Port, i.e. Winterfest, Cultural Arts Fair, and Community Pride Fair. Mayor Horton stated she would support the motion with the understanding that Council was not allocating all those funds for that purpose but wanted to put enough money into the project to make it something the City could be proud of. It would also be a creative way of balancing the budget. Councilmember Rindone stated because of the short time line for 1995 all the "bell and whistles" may not be in place but they would be set on a single path for next year. Councilmember Moot felt the Commission had demonstrated a well thought out action and a plan that would both produce a better festival and save the City money. He encouraged Council to adopt the recommendation and direct staff to work with the Cultural Arts Commission in planning the event and funding recommendations. VOTE ON MOTION: approved unanimously. 17. REPORT ZONING ADMINISTRATOR REVIEW OF CONDITIONAL USE PERMIT PCC-93-39 FOR SHORT-TERM, TRANSITIONAL HOUSING PROJECT FOR HOMELESS FAMILIES Minutes February 28, 1995 Page 9 (CASA NUEVA VIDA) LOCATED AT 31 FOURTH AVENUE - The Conditional Use Permit for Casa Nueva Vida located at 31 Fourth Avenue was approved by Council on 7/13/93. One of the conditions of approval calls for a noticed review by the Zoning Administrator with a report to Council following the first and second years of operation. The report presents the results of the first annual review. Staff recommends Council accept the report. (Director of Planning) Councilmember Rindone stated he would abstain from participation due to ownership of property. Councilmember Fox felt the property conformed in appearance to the apartments on either side of the project. The difference was the interior landscaping, but the staff report stated that a recreational area would be established in lieu of landscaping. He questioned if staff felt that was adequate and if it would include any landscaping. Martin Miller, Assistant Planner, stated it would be in conjunction with a landscape plan. SBCS was working with a person to do the landscaping, but due to his death it curtailed their plans for starting the landscaping. The landscaping that was present at the facility was substandard and was causing drainage problems. Therefore, SBCS had to remove all existing landscaping to remedy the drainage problem and had to replace at a minimum standard as required by the Municipal Code. · Barbara Orsa, 21 Fourth Avenue, Chula Vista, CA, read statements from the following in opposition to the staff recommendation: Vonda Diaz, 8 Third Avenue, Chula Vista, CA, owner Coin Operated Laundry Marilyn Richardson, A & P Realty, 44 Third Avenue, #A, Chula Vista, CA Orville Roberts, business owner at 44-B Third Avenue, Chula Vista, CA Frank McKenna, 40 Fourth Avenue, Chula Vista. CA, California Special Services Ms. Orsa stated the property owners were afraid to address Council for fear of repercussions on their businesses. Concerns expressed were homeless people, panhandling, graffiti, loitering, loss of business, and fear. Mr. Roberts recommended that a task force be formed with the business owners to address their concems. · Regina Hickey, 21 Fourth Avenue, Chula Vista, CA, requested an investigation of illegal use of City employees cleaning out a sewer drain on SBCS property. She felt only programs that solved social problems should be funded. She felt SBCS provided free housing to a few women at a great cost to the taxpayers. She felt SBCS should answer the following questions at a public hearing for which all property owners in the area should be invited: 1) what job training was being provided; 2) did anyone get a job as a result of the job training; and, 3) had anyone gotten off welfare due to .job training. The presence of those at Casa Nueva Vida had attracted others that had all but destroyed the neighborhood. She felt there had been a severe economic impact on the businesses in the neighborhood. · Barbara Orsa, 21 Fourth Avenue, Chula Vista, CA, gave a slide presentation of the area. She complained about the increase in crime, graffiti, and homeless. She also expressed her concern regarding the lack of parental supervision for the children living in the facility. She did not feel there was a pride of ownership regarding the units. Since the homeless had moved in the area she had to lower her rents $75/unit per month. She could not compete with the people living at the shelter receiving their welfare checks plus 60 days free rent. The property should be sold with the money returned to the taxpayers and Council looking at the total problem of the homeless. · Kathryn Lembo, 315 Fourth Avenue, Chula Vista, CA, Director of South Bay Community Services, clarified that the statistics presented by the Police Department was from 6/93 thru 11/94. They did not start housing until 12/94. The search warrant liar drug related, one of the drug possessions, and transportation of sales of narcotics was a former tenant left over from the lbrmer owners of the building. In their organization they would call the police for any disturbance of the peace and they worked closely with them. They had housed 91 families with over 200 children. Sixty-lbur of those families had gone on to independent living, another 27 were still in the program, went into a longer term transitional housing, or went with friends or relatives. Some of the job training was through the MAAC Project, Occupational Training Services, and CTS. The landscaping had been removed due to a drainage problem and they would put a play area in the center. The Latter Day Saints Eagle Scout program Minutes February 28, 1995 Page 10 would build the project once a design had been chosen. They had received and federal and state recognition and funding for their program. Mayor Horton requested that Ms. Lembo address the physical appearance of the building as presented in the slides. Ms. Lembo stated the sewage problem was in the City line and not on their property. They would get broken screens but would repair them as soon as possible. She felt the building blended in with the rest of the buildings in the area. The shelter coordinator and resident manager were quick to pick up any trash on the property. SBCS was responsible for graffiti eradication in the City and PETCO had been a problem for seven years. She felt the graffiti at PETCO had gone down. Day care was available and school age children did go to school. Councilmember Fox questioned whether homeless people walked into their facility. Ms. Lembo stated they did not. A lot of homeless people did go into the Agency site for assistance. Homeless teenagers were dealt with at their facility in southern Chula Vista. They did not do intake at 31 Fourth Avenue. Councilmember Padilia felt from a law enforcement perspective that the record calls for services and documented crime reports for an 18 month period was incredible. It was clear since the program started that it was dealing with families with children and giving people a chance to help themselves. He was upset that things were presented in a manner as they were when the results of the program spoke for itself. There was no evidence to suggest that it was creating crime or socia:. problems. MS (Padilia/Fox) to accept the staff repnrt. Councilmember Moot felt it unti3rtunate that it remained such an emotional issue for the community and there was obviously a great disparity in the information presented to Council. Most important to him in making his decision was the impartial report by the Police Department which indicated that the project did not generate an unusual amount of crime for any multi-family units. He appreciated hearing from the businesses. Councilmember Fox stated when the project was originally approved it required two annual reviews and the current public hearing was the first of the two reviews. He had not heard anything that would cause reasonable grounds to close Casa Nueva Vida. VOTE ON MOTION: approved 4-0-0-1 with Rindone abstaining. 18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, informed Council that staff had not received the bill from the City of San Diego. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5b. The minutes will reflect the published agenda order. 19. OTHER BUSINESS CITY MANAGER'S REPORT(S) Scheduling of meetings. Mr. Goss reminded Council that the March 7, 1995 meeting would begin at 4:00 Minutes February 28, 1995 Page 11 b. Mr. Goss stated the application approved earlier in the meeting to apply for funding under the Crime Bill for police officers and equipment was already in trmxsit. 20. MAYOR'S REPORT{S) a. Growth Management Oversight Commission vacancy. Mayor Horton questioned if Council wanted to set a date to interview candidates or if Council wanted her to appoint one of the candidates that had been recently interviewed for the Planning Commission. Councilmember Rindone felt it would benefit everyone to be actively involved and he encouraged the Mayor to have the Mayor/Council secretary poll Council for a meeting date. Mr. Boogaard stated he had been informed by the City Clerk that a former Council had resolved that the entire Council would interview and select the GMOC members. b. Mayor Horton referred to an editorial in the Union/Tribune which portrayed what she was trying to do as NIMBYism regarding a facility being proposed by the Department of Corrections to be housed in Chula Vista. The facility would provide a rehabilitation program for up to 75 adults (convicted felons) and their children. She felt it important that the issue be addressed as soon as possible. She had met with the siting director and she had told her that she would not support such a facility. During her nine years of service on the Planning Comrmssion and Council she had voted to approve every social service agency request to site a facility in Chula Vista except for one and the only member of the Council to support that thcility was fbrmer Mayor Tim Nader. The article referenced three facilities and she did not feel they were similar because the proposal was for a housing facility for convicted felons in the community. She was concerned that Vista Hill Foundation officials were behind it because they were trying to get their facility rented as it was currently vacant. When she met with the Department of Corrections officials they stated they would not go into a community where they were not wanted. She had let them know that they were not wanted because the Southbay had worked very hard to improve their image. The Southbay already had a major prison and there would be an expansion to that prison and the site was next to a future elementary school and possibly a VA hospital. She requested that the item be agendized under her report for the 3/7/95 meeting. Councilmember Fox stated he applauded Mayor Horton's actions. Many previous leaders had stated that they were tired of the Southbay being the dumping grounds tBr San Diego County. Other areas of the County needed to share the burden. Councilmember Rindone stated Mayor Horton had reb-~rred to AB5I9 and he appreciated the Mayor bringing the issue before Council for review. There were pro's and con's of the issue and some definite merits of the proposed project that needed to be evaluated by Council. c. Mayor Horton requested that the Mission Valley trolley extension be placed under her comments for the 3/7/95 meeting. 21. COUNCIL COMMENTS Councilmember Fox a. Councilmember Fox stated the City of San Diego was doing unannounced spot checking on their ambulance service and had tbund glaring deficiencies. He requested a phone call or memo regarding what monitoring services were utilized by the City. Mr. Goss stated in most emergency situations the Chula Vista Police Department or Fire Department were on the scene observing their performance. It was staffs perception that they were performing adequately. Minutes February28, 1995 Page 12 Councilmember Fox stated he was not necessarily addressing the service at the emergency scene but vehicles and equipment. Councilmember Rindone a. BudgetProcess: (1) Eliminate practice o ffunding non-specific encumbrances from previous year's budget; and (2) Establish procedures for authorizing expenditures from Mayor/Council annual budget. Continued from the meeting of 2/21/95. Mr. Goss stated that due to the absence of the Finance Director, he recommended the item be continued to the 3/14/95 meeting. MSUC (Horton/Rindone) to continue the item to the meeting of 3/14/95. b. Presentation on development of fuel cell battery and its application on buses (includes video presentation). Councilmember Rindone stated the hydrogen fuel cell battery provided for zero emission vehicles and the only byproducts were air and water. Ballard Power System was looking for 2-3 cities to be demonstration sites for transit buses. He felt it was a wonderful opportunity for the City to participate in the project for 1996/97. They anticipated, if successful, full production in 1998. Barbara Bamburger, Environmental Resources Manager, stated Ballard Power System and SCIC their partner would be giving a presentation to the City in March. Initial contact was made with the CA Energy Commission and the Air Pollution Control District and they were interested in forming a ,joint coalition of local/state/federal agencies to put together funding for the project. SCIC would take the lead. She invited Councilmembers to participate in the presentation. MSUC (Rindone/Fox) refer proposal to staff for review (scientific and monetary aspects) and return with a recommendation on whether or not the City would want to participate in the demonstration program for the fuel cell bus in 1996/97. CLOSED SESSION Council recessed at 8:43 p.m., met in Closed Session at 9:30 p.m., and reconvened at 9:57 p.m. Mr. Boogaard stated Daley Rock Quarry and labor negotiations would not be discussed in Closed Session. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: Existing litigation pursuant to Government Code Section 54956.9 ® City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. · Christopher vs. the City of Chula Vista. · Chammas vs. the City of Chula Vista. Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs). CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee ~br CVEA, WCE, Executive Management, Mid- Management, and Unrepresented. Minutes February 28, 1995 Page 13 Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - Council authorized the retention of an attorney for Lyman Christopher to defend the complaint brought by Gina Chammas. Except for the foregoing, there was no other observed reportable action taken by Council in Closed Session. ADJOURNSlENT ADJOURNMENT AT 9:58 P.M. to the Regular City Council Meeting on March 7, 1995 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency convened at 8:43 p.m. and adjourned at 9:28 p.m. by: Respectli~lly submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, De 9i~ City Clerk