HomeMy WebLinkAboutcc min 1994/05/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CtlULA VISTA
Tuesday, May 24, 1994 Council Chambers
6:08 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore, Rindone (left at 6:15 p.m. and
returned at 8:26 p.m.), and Mayor Nadcr
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and
Vicki C. Soderquist, Deputy City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: May 10, 1994
MSUC (Fox/Rindone) to approve the minutes of May 10, 1994 as presented.
Councilmember Moore stated he was absent from the meeting, but had reviewed in tape and would vote on the
minutes.
4. SPECIAL ORDERS OF TIlE DAY:
4a. Oath of Office: Dorathea Grindle - Commission on Aging; and, Elizabeth Stillwagon - Child Care
Commission. The Oath of Office was administered by Deputy City Clerk Soderquist to Dorathea Grindle and
Elizabeth Stillwagon.
4b. Mayor~s State of the City Address (copy on file in the City Clerk's Office)
CONSENT CALENDAR
(Items pulled: 5a, 6, 12, 13, 15, and 16)
Bruce Boogaard, City Attorney, informed Council that Item 23 had been placed as an Action Item due to anticipated
comments from contractors not receiving the bid. No contractors were present and he recommended that the item
be included on the Consent Agenda.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER HORTON, reading of
the text was waived, passed and approved 4-0-1 with Rindline absent. Item 23 approved as a Consent Agenda
item.
5. WRITTEN COMI~IUNICATIONS:
5a. Letter in response to City Council request ft~r . joint meeting with Southwestern College Governing
Board regarding building/locating a Transit Center at Southwestern College - Joseph M. Conte,
Superintendent/President, Southwestern College, 900 Otay Lakes Rd., Chula Vista, CA 91910. The City Attorney
is offering the following alternatives: (A) Accept Non-Elected Person's Dias Participation; (B) Counter-offer to
Reject Non-Elected Person's Dais Participation. C~ntinued ['torn the meeting of 5/10/94. Pulled from the
Consent Calendar.
John Goss, City Manager, stated in discussing the meeting with the President of the College there was agreement
that the public would not be at the dais, hut there would he some procedural way for the public to address their
concerns to the two boards.
Minutes
May 24, 1994
Page 2
MS (Rindone/Horton) to approve staff recommendation 5b amended as follows: under Section 2a,
communicate the original request to meet and not accept the limited counter offer of the Governing Board
and the President of the College.
Councilmember Rindone felt the amendment eliminated the issue of who was counter offering, etc. He did not feel
that fostered a good environment for open dialogue. The public would have access through Oral Communications
to all ten elected officials.
Mayor Nader assumed the City Manager would make sure that the Council was polled and that there was a date
agreeable to the Council before contacting the College Board regarding a date.
Councilmember Fox questioned if it was known for sure that the College Board or Superintendent requested three
members of the public to sit on the dais.
Sid Morris, Assistant City Manager, stated that in talking to the President, he had not asked that specific question,
but in talking about the proposal they had made he explained why the attorney had recommended the language that
he did and what the City's concerns were. During that discussion the President indicated that he was more than
willing not to have the public at the dais, but have some other way tier them to communicate their concerns.
Councilmember Rindone stated he had talked to the President of the Board and she indicated that it was her
understanding that it was not a request to have the three residents and would be receptive to have the public address
the elected officials through some other arrangements.
VOTE ON MOTION: approved unanimously.
6. ORDINANCE 2592 AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF REQUIRED
FEES 60 DAYS AFTER MAP RECORDATION, AND AMENDING SECTION 18.16.100 TO CLARIFY
LANGUAGE ALLOWING BONDS TO BE PROVIDED AFTER MAP APPROVAL I'second readira! and
adoption) - This ordinance proposes a further modification to the amendment which Council passed on 5/3/94
concerning the Telegraph Canyon Estates Final Map (Baldwin). The amendment would allow Park Acquisition and
Development Fees (PAD) and other fees to be paid within 60 days of a final subdivision map approval if appropriate
security were provided thus allowing map recordation and building permit to be issued within the 60 day period.
Staff recommends Council place the ordinance on second reading and adoption. (Deputy City Manager Krempl)
Pulled from the Consent Calendar.
· Fred Arbuckle, 11975 El Camino Real, San Diego, CA, the Baldwin Company, stated he supported the
staff recommendation.
Brace Boogaard, City Attorney, stated Mr. Arbuckle was referring to the implementation of the policy as it applied
to the fourth and final map on Telegraph Canyon Estates. The second reading of the ordinance would allow
referral, but as an urgency matter he was asking Council to consider the approval of the specific agreement placed
on the dais. That was the first implementation of the policy as it applied to the $170,000 payment that was due on
the fourth and final map of Telegraph Canyon Estates. He t~It it was adequately secured and requested because
the policy required Council to approve such agreement that they, on an urgency basis, approve the first agreement.
The agreement was drafted only that afternoon.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated it appeared the City was allowing the
developer to build whatever they wanted to build and delay the payment to the City. She expressed concern with
the amount of building within the City.
Mr. Boogaard stated the agreement allowed the builder to commence construction, but did defer the payment for
sixty days. If the payment was not made in sixty days, the City couId stop processing any further final maps or
entitlements under the agreement. It did give the builder the right to pull the building permits within that sixty day
period.
Minutes
May 24, 1994
Page 3
ORDINANCE 2592 PLACED ON SECOND READING BY COUNCILMEMBER FOX, reading of the text
was waived, passed and approved unanimously.
MSUC (Nader/Fox) the implementation of Cnuncil's preyions direction was drafted to late to be placed on
the agenda and as a matter of urgency, per the City Attorney's recommendation, would be added to the
agenda.
MSUC (FoxfRindone) to approve the ugreement with Baldwin Company and authorizing the Mayor to execute
the same.
7. RESOLUTION 17492 APPROPRIATING FUNDS FOR LITIGATION EXPENDITURES -
Historically, the City has not budgeted tbr ontside legal professional services in the normal annual budget cycle.
Instead, the City appropriates funds as the need arises on a case by case basis. Previously appropriated funds will
shortly be exhausted and additional appropriation is needed for four cases in order to be able to continue to
effectively represent the City's interest. Staff recommends approval of the resolution. (Assistant City Attorney
Fntch) 4/Sth's vote required.
8. RESOLUTION 17493 APPROVING THE TEMPORARY CLOSURE OF THIRD AVENUE TO
VEHICULAR TRAFFIC BETWEEN "E" STREET AND DAVIDSON AVENUE ON THURSDAYS
BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A FARMERS' MARKET SPECIAL EVENT, WAIVING
BUSINESS LICENSE FEE FOR THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE SPECIAL EVENT, WAIVING INITIAL STUDY DEPOSIT (FEE) FOR LONG-
TERM FORMAL STREET CLOSURE - The Downtown Basiness Association (DBA) proposes to establish a
weekly certified Farmers' Market in the Town Centre I Project area as a special event and requests the closure of
a portion of Third Avenue between "E" Street and Davidson Avenue on Thursdays between 2:00 p.m. and 8:00
p.m. for a 60-day period commencing on 6/2/94 to accommodate the Market. In addition, the DBA requests that
the City waive business license fees for the vendors participating in the Market. Staff recommends approval of the
resolution. (Director of Community Development)
9. RESOLUTION 17494 PROCLAIMING THE YOUNG ADULT MATERIALS COLLECTION AT
THE SOUTH CHULA VISTA LIBRARY TItE "ARTURO BARRIOS COLLECTION" - Council has asked
the library to consider naming a wing or room ot the new south library after Arturo Barrios. The Library Board
of Trustees has discussed the proposal at two Ineetings and has deferred action, asking that library staff develop
potential criteria to be used when naming a room or wing of a library building. At present, library staff proposes
that the young adult collection at the new library be named in honor of Mr. Barrios and that an appropriate plaque
be installed in that area. It would not preclude naming a room or wing atier Mr. Barrios once criteria has been
developed and approved. Staff recommends approval of the resolution. (Library Director)
10. RESOLUTION 17495 ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE
PURCHASE OF LIBRARY FURNITURE INCLUDING SHELVING, CUSTOM CASEWORK, SHELF TASK
LIGHTING, OFFICE FURNISHINGS, MISCELLANEOUS ACCESSORIES AND INTERIOR SIGNAGE
FOR THE SOUTH CHULA VISTA LIBRARY - Bids lbr furniture and shelving for the new South Chula Vista
Library were advertised and released on 3/2/94. Sixteen bids were received and opened on 4/5/94. The bids came
in at $176,597.79, or approximately 12.8%, under bid lbr a total of $1,200,272.21. The California Library
Construction and Renovation Bond Act provides ti>r reimbursement of 65% of the related costs. Staff recommends
approval of the resolution. (Interim Finance Director and Library Director)
11. RESOLUTION 17496 APPROVING AUTHORIZATION OF OUTSTANDING DEBT FOR
IMPROVEMENTS IN THE RANCHO DEL REY AND PRICE CLUB PARTNERSHIP - During June 1993,
an agreement was entered into tbr the Rancho del Rey Commercial Center and Price Club for the various public
improvements that needed to be initiated at that time. Part of the agreement was repayment of a loan in the amount
Minutes
May 24, 1994
Page 4
of $1,892,000 which was a General Fund obligation over a ten year period. Staff recommends approval of the
resolution. (Interim Finance Director) 4/5th's vote required.
12. RESOLUTION 17482 ACCEPTING BIDS AND AWARDING CONTRACT TO SOUTHWEST
SIGNAL SERVICE FOR THE TRAFFIC SIGNAL INSTALLATION AT GOTHAM STREET AND OTAY
LAKES ROAD IN THE CITY AND APPROPRIATING FUNDS - On 4/20/94, four sealed bids were received
from electrical contractors for the installation of traffic signals at Gotham Street and Otay Lakes Road. The low
bid of $79,361 was received from Southwest Signal Service and is below the Engineer's estimate of $86,970. Staff
recommends approval of the resolution. (Director of Pablic Works) 4/5th's vote required. Continued from the
meeting of 5/10/94. Pulled from the Consent Calendar.
Councilmember Rindone stated he wanted to keep all options open. He questioned if the signal would have to be
reworked for any of the proposals currently under study. He wanted staff to assure him that ratification of the
proposal would not preclude any option for the transit center as no one was sure of what would come out of the joint
meetings with Southwestern College.
John Lippitt, Director of Public Works, stated the only plan that the signal location was not recommended was the
original plan where the transit center was to have been located on the lawn of the College between Elmhurst and
Gotham.
* * * Councilmember Horton left the dais at 10:28 p.m. * * *
Clifford Swanson, Deputy Public Works Director/City Engineer, stated it would not preclude any of the options
except the original location immediately adjacent to the street and that would require only minor modifications. All
of the other options would work under the installation. Staff did sent out 360 notices of the meeting to residents
in the area.
Sid Morris, Assistant City Manager, stated staff sent out the notices at his direction based on the significant
community involvement with regard to the overall transit center.
RESOLUTION 17482 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Moore questioned if there was a traffic signal at Elmhurst and if there was any intention of putting
a signal at Elmburst if the signal was put in on Gotham.
Mr. Lippitt stated there was no signal at EImhurst. A signal was nl~t contemplated at Elmhurst unless further studies
were completed.
Mr. Swanson stated staff did not anticipate a signal at Elmhurst, it would depend upon future studies that could
come up in connection with traffic flow relative to the transit center. At the current time, most of the options did
not appear to need the EImhurst signal.
Councilmember Moore stated he objected if there were major signals less than one-quarter mile apart. He
questioned whether it would be wired so if there was no traffic on Gotham, Otay Lakes would be free.
Mr. Swanson stated that was correct, it would not be 100% recall, as they went into a minimum cycle after a period
of time.
Councilmember Rindone felt Councilmember Moore brought ap an excellent point, i.e. the question was not so
much the eighteen options, but "what if" the transit center was located off Elmburst at the lower end by the empty
parking lot. That would then result in a signal being placed on Elmhurst. If Council approved the item and placed
a signal on Gotham there would be signals on both Gotham and Elmhurst. His intent was that all options remain
open until the two boards had the opportunity to meet.
Minutes
May 24, 1994
Page 5
Mr. Swanson stated the urgency was that staff did not want the construction to be going on while school was in
session. The contractor had certain equipment that had to be ordered and if delayed much further it could push the
project into September.
Councilmember Rindone felt a date could be selected in a timely manner for the two boards to meet and still be
within the summer break.
MOTION WITHDRAWN: (Rindone)
Councilmember Moore recommended that Cnuncil approve the resolution contingent on whether or not there was
a transfer station in the vicinity of Elmhurst that would affect the signalization. If a decision was made that the
transfer station would not be located in that area, Council action would stand.
MSUC (Moore/Fox) Resolution 17482 offered, contingent upun the College Board and City Council agreement
as to where the bus transfer station would he as it pertained to Elmhurst.
Councilmember Rindone clarified that it would be constructed only afler the decision of the siting of the transfer
station was made.
Councilmember Fox stated if Council did not take action on Item 16 he would attend the meeting and proceed with
staff recommendation.
MSUC (Nader/Moore) to continue the meeting past 10:30 p.m to hear Items #13, Manager's Comments,
Mayor's Comments, Council Comments, and Closed Session and continue Items 15 and 16 to the meeting of
6/7/94.
13. RESOLUTION 17497 REAPPROPRIATING OF FUNDS, ACCEPTING BIDS AND AWARDING
CONTRACT FOR "ROHR COMMUNITY PARK, PHASE Ill" (PR-180) IN THE CITY - On 4/27/94, sealed
bids were received for "Rohr Community Park, Phase llI" in the City (PR-180). The work to be done consists of
playground area improvements, concrete walkways, and miscellaneous landscaping. Funds for the Rohr Community
Park, Phase III (PR-180) were included in the 1993/94 CIP budget. It is the third phase of the City's
comprehensive plan for the improvement and upgrading of Rohr Community Park. Staff recommends approval of
the resolution. (Director of Public Works and Director of Parks and Recreation) 4/Sth~s vote required. Pulled
from the Consent Calendar.
Mayor Nader questioned if the project consisted of relocation of the parks main playground area and construction
of a new playground area with new play equipment. He t'urther questioned what the new site was for the
playground equipment.
Jess Valenzuela, Director of Parks & Recreation, responded that it was the entire Phase III of the project. The new
play area would be located in the general area where the small miniature train station was located, as per the Master
Plan. The train station would remain intact, the play equipment would be next to it.
Mayor Nader questioned if there would be a barrier between the play equipment and the train station and if the Risk
Manager was satisfied with that.
Mr. Valenzuela stated there would be fencing to separate the two. Staff did not contact the Risk Manager as they
did not feel there was a risk.
Councilmember Moore questioned whether the Live Steamers had been shown the plan.
Minutes
May 24, 1994
Page 6
Mr. Valenzuela responded that it was consistent with the Master Plan and the Live Steamers had been part of that
process. They had not bean brought up to date with the proposal befi>re Council. There was quite a separation
betwean the play area and the Live Steamers facility.
Mayor Nader stated he wanted the stafl's assurance that it would be reviewed by the Live Steamers and the Risk
Manager.
Mr. Valenzuela stated he would have the Risk Manager review it and if there was a problem would return to
Council. He stated the old equipment had been removed as it was old and antiquated which was no longer safe.
The play area was removed fi'om the existing site to a new area in accordance with the Council approved Master
Plan. He then gave examples of the new playground equipment.
RESOLUTION 17497 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed
and approved unanimously.
Mayor Nader questioned how much it would take to put up a sign that stated "Due to California State laws, merry-
go-rounds no longer available".
MOTION: (Nader) to put up a sign and communicate to the representatives in Sacramento that cities needed
relief from that type of ridiculous liability. Motion died ~r lack of second.
14. REPORT EASTLAKE AFFORDABLE HOUSING TASK FORCE APPOINTMENT -
On 12/14/93, Council approved a General Plan Amendment for a portion of the EastLake planned community. In
conjunction with their action on the matter, Council agreed to consider formation of an ad hoc affordable housing
task force to assist in the creation of an affordable housing implementation program for the EastLake planned
community. On 4/12/94, Council approved the composition of such a task tbrce and requested nominations of
individuals to serve on it. Staff recommends Council approve the proposed members of the task force and direct
staff to initiate the first meeting of the group. (Director of Planning)
15. REPORT IMPLEMENTATION OF THE ENDANGERED SPECIES ACT SPECIAL
RULE 4(d) FOR THE INTERIM HABITAT LOSS APPROVAL PROCESS - Last year the Federal Department
of the lnterior adopted the Special4 (d) Rule regulating the habitat "take" of the California Gnatcatcher. The Special
Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process.
Prior to the preparation of an overall NCCP plan, the process allows the "take" of up to 5 % of Coastal Sage Scrub
(CSS), which is the habitat for the Gnatcatcher. During the past several months City staff has been working with
staffs from throughout the region to develop a process to allow local agencies to implement the "take" process.
Staff recommends Council direct staff to work toward resolving the issues identified in the staff report and, after
resolving the issues, to draft an ordinance for implementation of the Special 4(d) Rule at the local level. (Director
of Planning) Pulled from the Con.sent Calendar. Continued to the 6/7/94 meeting.
16. REPORT PROPOSED FOCUSED PLANNING AREA CRITERIA FOR THE
MULTIPLE SPECIES CONSERVATION PROGRAM - In January 1994, Council appointed Councilman Bob
Fox to participate on a policy committee for the Clean Water Program Multiple Species Conservation Program
(MSCP). On 2/28/94, the MSCP Policy Committee requested that the participating jurisdictions provide input
regarding recommended criteria for forming a "focused planning area," which would define a study area for a future
regional habitat reserve system within the Clean Water Program service area. Staff recommends Council
conceptually endorse the approach to delineation of a "focused planning area" as recommended by the City of San
Diego, and direct its representative on the MSCP Policy Committee to recommend that the approach be refined to
be more directly applicable to Chula Vista and the other participating .jurisdictions. (Director of Planning)
Continued to the 6/7/94 meeting.
* * END OF CONSENT CALENDAR * *
Minutes
May 24, 1994
Page 7
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING PCM 94-23: MODIFICATION OF THE PRECISE PLAN GUIDELINES
FOR OTAY INDUSTRIAL PARK FOR SPECIFIED LOTS ALONG ENERGY WAY - CITY INITIATED -
During the hearing process which resulted in the approval of a text amendment to allow automobile auctions in the
I (General Industrial) zone as a conditional use (PCA-93-01), the question was raised about which paving standards
should apply to the Energy Way uses. Upon r~view, it was determined that if the current paving standards were
applied to the auto auctions and auto dismantlers ahmg Energy Way, it would pose an undue financial burden on
uses which currently have only a 13-year life. Theretbre, it was determined that the Precise Plan for Otay Industrial
Park should be reviewed with respect to paving (PCM-79-20). Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 17498 APPROVING PCM-94-23, A MODIFICATION TO THE GUIDELINES FOR
THE OTAY INDUSTRIAL PARK FOR CERTAIN USES ON SELECTED PARCELS ON ENERGY WAY
ADDING WORDING RELATED TO PAVING STANDARDS
This being the time and place as advertised, the public hearing was declared open.
· Rebecca Michael, 530 "B" Street #2300, Chula Vista, CA, representing Jim and June McCormack, owners
of 18 acres along Energy Way, stated they had operated an auction on the site and the requirement
that the entire 18 acres be paved with asphalt was unnecessary and cost prohibitive in their
opinion. In working with staff modifications had been made to the Otay Industrial Park Precise
Plan guideline and they supported those modifications.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 17498 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved 4-0-1 with Rindone absent.
18. PUBLIC HEARING PCC-94-40 - REQUEST TO ESTABLISH A SUBSTANCE ABUSE
COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY -
MENTAL HEALTH SYSTEMS, INC. - The applicant, Mental Health Systems, Inc. is requesting permission to
establish a substance abuse counseling and monitoring program tBr probationers. The program, Probationers In
Recovery (PIR), is a joint venture with the County of San Diego Probation Department. Staff recommends approval
of the resolution. (Director of Planning)
RESOLUTION 17499 GRANTING CONDITIONAL USE PERMIT PCC-94-40 TO ESTABLISH
A SUBSTANCE ABUSE COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-
257 BROADWAY
Mayor Nader stated he owned property approximately 800 feet from the proposed site and State law stated if that
could produce a certain affect on the market value of his home, he was required to abstain from both discussion
and vote. He felt that any value impact on his home was highly speculative, but in order to avoid the appearance
of any conflict he would abstain from participation. Mayor Nader left the dais.
This being the time and place as advertised, the public hearing was declared open.
· Bill Eastwood, 3420 Camino Del Rio North #215, San Diego, CA, Executive Director, Mental Health
Systems, urged approval of the staff recommendations.
Councilmember Fox questioned if there had been any reported problems at the facility in National City, complaints
filed with the City, or arrests made on the premises.
Mr. Eastwood stated they had not had a problem with the community and he was not aware of any complaints filed
with the City. There had been no arrests at the facility.
Minutes
May 24, 1994
Page 8
· Muriana Durin, 246 Broadway, Space 11, Chula Vista, CA, representing the parents of the Caravan
Trailer Park, stated there were approximately thirty children in the park and expressed concern
for their safety. She opposed the location of the rehabilitation service in their neighborhood.
· Kenneth J. Zalud, 1901 First Avenue, San Diego, CA. attorney representing Jerry Fick, owner of the
Caravan Trailer Park, stated he strongly opposed the staff recommendation as the area was
residential with a lot of children in the area. He felt it would be a detriment to the community
and City. It was his feeling that it was a vested right and once in place, no matter what violations
of the use permit or law, the center would be there to stay. He requested Council vote against
the staff recommendation.
Councilmember Fox questioned whether Mr. Zalud or Mr. Fick was aware of the existing programs and any
problems that may have resulted.
Mr. Zalud responded they were not. He questioned whether there had been any studies or impact reports completed
prior to Council action.
Ken Lee, Assistant Director of Planning, responded the only feedback from National City was that the facility was
holding group counseling sessions which was not part of their permit and, therefore, the City advised the applicants
that they would have to apply for a CUP. Staff received no feedback from National City regarding any adverse
conditions. A public forum was held, as well as a Planning Commission hearing, and it was the first time staff
heard that Mr. Fick had any objections.
There being no further public testimony, the public hearing was declared closed.
Councilmember Moore stated his concern was that the usage shotlid be well organized, aesthetically pleasing, and
should not allow loitering. The alley behind the property was a legal street and the clients should not be allowed
to loiter. If the clients were to use the back area then it should be designed tbr that usage and go through design
review. Condition K allowed for a review by Planning staff in one year and in order to lower the concerns of the
neighbors he felt there should be four three month reviews in one year and if adequate no further routine review
would be necessary. He would also support removal of the CUP if violated.
MS (Mooreatorton) to amend Condition K to read "The permit should be reviewed in four three month
frequency periods over one year and upon a positive finding no further routine review would be necessary".
AMENDMENT TO MOTION: (Horton/Muore) to amend Condition E to read "A probation officer shall be
on site at all times at which clients are present" the verbiage "or available by pager" is to be stricken.
Councilmember Fox stated the County Probation Department had stated they did not have the resources to do what
was being proposed.
Councilmember Horton stated she understood that, but the safety of the citizens was more important than what the
County was trying to say they could or could not afford. She t~lt the program could be run as amended with staff
monitoring the program carefully.
VOTE ON MOTION, AS AMENDED: approved 3-0-1-1 with Rindnne absent and Nader abstaining.
RESOLUTION 17499, AS AMENDED: approved 3-0-1-I with Rindone absent and Nader abstaining.
ORAL COMMUNICATIONS
· Ken MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, expressed his concern regarding the breakins
of the cluster mailboxes in their area. He felt he had a right to have his mail delivered safely and that the problem
would not be solved until something was done to ban the cluster mailboxes. The homeowners had been told by the
Post Office that they were responsible for replacement and maintenance of the boxes, security, and to give the Post
Office leads on who was breaking into the mailboxes.
Minutes
May 24, 1994
Page 9
MSC (Nader/Fox) to refer Mr. MacTiernan's coucerns regarding cluster mailboxes and safe delivery of mail
to the City Council staff for report and recommendation to Council on appropriate communication to federal
authorities. Approved 4-0-1 with Rindnne absent.
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated Baldwin and several other developers had
land approved for building and it was her understanding that there was a 2% deal to come back to the City. She
had been approached by two men asking her what she was going to say under Item 6 and requested that staff look
into the incident.
· John Dauz, 5331 Robinwood Road, Bonita, CA, stated he was one of the owners of 8.82 acres of vacant
land south of and fronting Telegraph Canyon Road, 3/4 of a mile east of Medical Center Drive. On 3/22/94 he
artended a meeting of the Planning Department regarding a study of County owned land being considered for
incorporation. They welcomed annexation as it would finally pnt their property into economic use. He had since
learned that the property had been designated open space with one dwelling unit per ten acres in the Otay Ranch
General Development Plan. The previous density was 4 - 12 dwelling units per acre under the Chula Vista General
Plan and 7.3 dwelling units per acre under the County General Plan. The property was worthless to them as they
could neither develop or sell it.
MSC (Nader/Horton) to refer the issue to staff for a report back to Council. The report should include the
location of property, what actiou, if aoy the City had taken, and notification to property owner(s). Mr. Dauz
is to be notified when the report comes back to Cnuocil. Appruved 4-0-1 with Rindone absent.
· Joseph D. Cummings, 1848 Ithaca Street, Chula Vista, CA, stated a number of events over the past year
had caused him concern, but the Council meeting of 5/4/94 provided the catalyst and, therefore, he had requested
that the Fair Political Practices Commission conduct an investigation into possible conflict of interest violations on
the part of Chula Vista Mayor Tim Nader, Vice Mayor Shirley Hotton, and Councilmember Robert Fox. He then
read a copy of the letter submitted to the FPPC (a copy on file in the City Clerk's Office).
Councilmember Horton stated that if Mr. Cummings wanted to make it a campaign issue he should state that he was
on Penny Allen's campaign committee.
Mr. Cummings responded that he was working on Penny Allen's campaign corntmttee.
Councilmember Horton stated they had not done anything wrong. The proposal had been brought to Council by
staff and Council had nothing to do with it.
Mayor Nader stated if the letter was filed with the FPPC it would be investigated and he had no problem with that.
The record should be corrected that the vote referred to was a 4-0 vote with Councilmember Horton absent.
Councilmembers Fox, Moore, Rindone, and he had voted yes. It was a City Manager form of government and
there were a lot of questions by Council as to how that particnlar item came forward and those questions were still
being pursued. Mr. Cummings had the right to request an FPPC investigation and he had no problem with that.
City Manager Goss stated that stone ot the int~rmation in the news articles quoted, in his perspective, were not
factual as it appeared in the newspaper. He was not stating that Mr. Cummings distorted any information, but that
he was relying on information in the articles that was not factual.
Mayor Nader questioned if the other firm ~nentioned in M r. Cummings' presentation was a subcontractor of Grigsby
or handling some other piece of the same action.
City Manager Goss responded that was correct. There was solne indication that every firm that contacted the City
would be hired was a misstatement. There were two firms that expressed interest and had done some work on it
in terms of demonstrating the benefits to the Agency of doing the refunding in terms of the financial benefits. The
recommendation was that there be co-bond underwriters, which there was between the two firms. They both had
experience and good track records and were both hired. The Grigsby firm was hired as the lead because they were
local and staff' felt they could provide better service than the DLJ firm and they made a demonstration on their
expertise on the derivative markets which DLJ did not have. None the less they were co-bond underwriters.
Minutes
May 24. 1994
Page 10
Mayor Nader stated he first became aware that Mr. Malcolm was even involved with Grisgby that night when
someone suggested to him that someone in one of the mayoral campaigns may want to make an issue of it. Mr.
Malcolm, at no time prior to that vote even communicated to him the interest he had or any desire that he vote any
particular way on the issue.
Councilmember Fox stated he was proud to have been associated with the members of Council. He felt they had
dignified themselves in many respects even though not always agreeing with each other or with the public. He
questioned the motivations of the speaker.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
19. RESOLUTION 17500 APPROVING THE HIGH TECH/BIO TECH ZONE INCENTIVES IN
CONCEPT; DIRECTING STAFF TO UNDERTAKE CERTAIN ACTIONS IMMEDIATELY TO
IMPLEMENT THE ZONE INCENTIVES; AND DIRECTING STAFF TO PROCEED TO FINALIZE
CERTAIN INCENTIVE PROGRAMS - In late 1992. Council directed staff to pursue the creation of a "Local
Enterprise Zone." In October 1993, Council directed staff to expand on the previous referral by evaluating the
feasibility of establishing a Biotechnology/Biomedical Zone with a master EIR. An informal Task Force was formed
with representatives from the City, EastLake Development Company, the biotech industry, legal expertise,
Southwestern College, UCSD Connect, and the City's Economic Development Commission. On 4/15/93, staff
presented a progress report to Council which identified the EastLake Business Park, Phases I and II, as the proposed
"incentive zone" for targeted high tech, biotech and biomed companies. Staff recommends approval of the
resolution. (Director of Community Development and Director of Planning)
Councilmember Horton stated she initiated the program over one year ago which would help to encourage economic
diversity and create high paying jobs. The EastLake Business Park had been chosen for the initial incentive zone
program because they offered the type of campus like setting desired by the high tech/biotech firms. EastLake had
also committed to a strong partnership with the City that would entail a long term collaboration to recruit and assist
targeted companies.
® William Tuchscher, 3633 Bonita Verde Drive, Chula Vista, CA. Chair, Economic Development
Commission and Vice-Chair, Planning Commission, t~lt the approach to eliminate the regulatory
redundancy was extremely important; and the formation of the City Council subcommittee for
approvals would be supported by the Planning Commission in an effort to help streamline the
effort and bring forward good quality projects, jobs, and revenues to the City.
· Ian Gill, 3230 Fifth Avenue, San Diego, CA, High Tech/BioTech Zone Task Force Member, felt the
combination of incentives offered were meaningful in attracting the kinds of business that would
reflect well in the City over the long term.
· Curt Stephenson, 900 Lane Avenue, Chula Vista, CA, Vice President, EastLake Development Company,
stated they were fully committed to making the zone successful. They had already invested
thousands of dollars to determine the needs of high tech/biotech users and offered to market their
business park at discounted land values to help attract those industries. They had also committed
to secure an uninterruptable water supply. He read a letter of interest from Betateam Limited.
· Terry Bibbens, Director of Public Policy, UCSD Connect, felt the City was helping to bring in
manufacturing jobs to the City and doing it with a very solid balance for the environment.
· John Tedesco, Director of Process Development and Manufacturing, Amylin Pharmaceuticals, was not
present when called to the dais.
· David Malcolm, on behalf of David Hale, CEO, Gensia Pharmaceuticals and Chair, San Diego Economic
Development Commission, stated it was a great opportunity for the citizens of Chula Vista and
San Diego as a whole.
Minutes
May 24, 1994
Page 11
® Bernie Rhinerson, Director, Biomedical Industry Council (BIC), felt the City was demonstrating leadership
not only for the City, but tbr the State of Calitbrnia. Their organization would help to get the
word out, not only in the area, but throughout the nation.
· Mary Wylie, Dean, Southwestern College, Economic Development and Customized Training, felt the City
was moving in the right direction in attracting industries that had high paying jobs, jobs which
required training that resulted in permanent jobs and jobs with growth potential.
Councilmember Fox stated he was pleased with the proposed "red carpet" treatment included in the program. He
questioned what the need was for the proposed consultant.
Cheryl Dye, Economic Development Manager, stated the recommendation was not only to assist staff in the
preparation of a HUD application, but also to assist staff in developing the entire program, i.e. program policies,
guidelines, implementation procedures, development of a loan review comrmttee, etc.
RESOLUTION 17500 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed
and approved 4-0-1 with Rindone absent.
Councilmember Moore felt the key issoe was how long it would take before the program could be implemented.
20.A. REPORT UPDATE OF SOLID WASTE ISSUES AND CONSIDERATION OF SAN
DIEGO SOLID WASTE MANAGEMENT AUTHORITY (SDSWMA) JOINT POVVERS AGREEMENT - On
8/27/93, the City joined the Interim Solid Waste Commission which was created in June 1993 for the purpose of
determining an appropriate form of permanent governance ti~r the County's solid waste system. Council
representatives have participated in the work of the Commission. The end-product of that collaborative process is
the Joint Powers Agreement tbr a new SDSWMA. On 5/10/94, Council deferred action on the proposals. Staff
recommends the Agreement not be signed at this tilnc, but the City remain a user of the system by negotiating a
non-member agency contract. (Deputy City Manager Krempl)
B. REPORT ALTERNATIVE TO SAN DIEGO SOLID WASTE MANAGEMENT
AUTHORITY (SDSWMA) - TRANSFER STATION STRATEGY - On 12/16/93, the City issued a Request for
Proposals (RFP) for Solid Waste Services as an alternative to the proposed Joint Powers Agreement (JPA) for a
SDSWMA. On three separate occasions, Council has received information regarding the RFP process and the
evaluation of alternatives brought lbrward in the proposals. On 5/10/94, Council deferred action on the proposals.
Staff recommends Council direct staff to: Enter into negotiations with Sexton/Chula Vista Sanitary Service to
provide for the siting, design and permitting of a transfer station and return on 7/12/94 with a proposed contract;
Close the current RFP process at this time; Return on 6/7/94 with a draft contract for negotiation consultant
services; Return on 7/12/94 with a report and recommendation on Local Enforcement Agency (LEA) options and
the ongoing viability of SDSWMA; and, Continue to pursue discussions with other cities. (Deputy City Manager
Krempl)
George Krempl, Deputy City Manager, stated the staff recommendation was to not sign an agreement with the
County at the present time, but remain a user of the system by negotiating an non-member agency contract. Five
basic areas of concem were outlined in the staff report that had not been adequately addressed by the Interim Solid
Waste Commission. The conditional use permiit with San Marcos was in a state of flux as the City of San Marcos
found the County of San Diego to be in non-compliance. The Interim Solid Waste Commission discussed action
by the City of Chula Vista as to what would occur ira JPA did not occur and proposing an alternative governance
proposal. It was contemplated that the issue would he agendized again at a future meeting. The Audit and Budget
Subcommittee brought forward to the Commission a recommendation for a fee for next year of $55.06. He then
updated Council on the actions taken by other cities regarding joining the JPA.
Bruce Boogaard, City Attorney, stated he was in full concurrence with the recommendations, however, if there were
any legal matters that Council wanted to discuss he recommended that it be done in Closed Session.
Mayor Nader questioned if the recommendation was to direct staff to negotiate such an agreement, but without
specific terms being set forth, bring it back to Council for consideration at a later time.
Minutes
May24, 1994
Page 12
Mr. Krempl responded that was a possibility, staff did not know what would happen. The Interim Solid Waste
Commission would be meeting on Thursday to see whether they were going to proceed with a JPA. They then
would have a thirty day time period in which they could self-destruct if they chose to. There was still a possibility
that there would not be a JPA and the County would continue to operate the system. If there was a JPA, no terms
had been set as to what the conditions of non-member status would be. Staff did not have a specific
recommendation on what a non-member term should be.
® Teresa Aland, 1453 Nacion Avenue, Chula Vista, CA, representing INDWELLER, stated she was opposed
to the staff recommendation as there were various unknowns she was uncomfortable with. She
presented Council with copies of a general analysis.
· Lynn Froeschle, 480 Camino Del Rio South, #218, San Diego, CA, Whitmore & Assoc., stated the
Community Resource Recovery Park would fit into the Border Environmental Commerce Zone
and create jobs for the community. The prqiect could also be used as an incentive for business
to come into the area that would use secondary source materials. She hoped the City would
consider a project of a resource recovery nature because a transfer station only addressed one part
of the equation and did not realize the City's goal of meeting AB 939.
· Gretchen Brewer, 7648 1/2 La Jolla Boulevard, La Jolla, Ca, Urban Ore, Inc., felt an important question
had been lost site of, i.e. whether to go with garbage as usual (transfer haul disposal) or to switch
over to an entirely new approach which was to look at the wastestream as commodities with value.
The options being presented were two non-solutions. She suggested that the planning and decision
making was going in reverse, rather than decide first on a transfer station and commit everything
to the wastestream it would be better to decide to hold off on launching that process with Sexton
and apply those resources and staff time on the evaluation and development work for maximum
resource recovery. Council could revisit a smaller transfer station at a later date. By maximizing
recovery it would give the City an out from the County system.
· Dick Chase, 3730 Valley Vista Road, Bonita, CA, Sexton/Chula Vista Sanitary Service, stated he was in
support of the staff recommendations and available to answer any questions.
MSC (Moore/Nader) to approve staff recommendations in 20a und 20b. Approved 4-0-1 with Rindone absent.
Councilmember Rindone, upon his return to the meeting, stated he wanted to the record to reflect a "yes"
vote on Items 20a and 20b, therefore, reflecting a unanimous vote on the item, approved 5-0.
21. RESOLUTION 17501 APPROV1NG A MASTER PARK PLAN FOR THE DEVELOPMENT OF
OTAY PARK, APPROVING A PHASING PLAN FOR THE INSTALLATION OF IMPROVEMENTS
PURSUANT TO SAID MASTER PLAN, AND ADOPTING THE NEGATIVE DECLARATION PREPARED
IN CONNECTION THEREWITH - During the Fiscal Year 1993/94 budget process, Council appropriated
$137,800 to formulate a master plan and construction documents lbr the Otay Park Renovation project. Since then
the department has initiated an in-house master planning process. It has been a collaborative planning process which
included a series of meetings with Otay residents, administrative staff' of the Chula Vista Elementary School District,
the principal of Otay School, and the Metropolitan Area Advisory Committee. Staff recommends approval of the
resolution. (Director of Parks and Recreation and Director of Planning)
* * * Councilmember Rindnne returned at 8:26 p.m. * * *
John Goss, City Manager, directed Council's attention to page 21-6 of the staff report regarding alternative funding
of various improvements. In order to do any kind of major improvement or start the process by way of design and
bids and construction, which would probably take the better part of a year to get started, there were alternates
available that would involve committing some of the CIP funds that would be utilized in the 1995/96 fiscal year.
® Carmen Sandoval, 666 Rue Availon, Chula Vista, CA, Chula Vista Parks & Recreation Commission, stated
the Commission recently met with the community at the Otay Community Center and heard loud and clear from
the residents that they supported improvements to the park and wanted a gymnasium in the first phase of
development. The Commission strongly supported their position.
Minutes
May 24, 1994
Page 13
Councilmember Moore questioned what the rationale was for funding the facility.
Ms. Sandoval responded that several options were discussed and they l~lt future CDBG funds could be used for that
purpose. She felt there were other options available also.
Jess Valenzuela, Director of Parks & Recreation, stated one funding option, i.e. the use of CDBG block grant
funds, was presented to the Commission. The amounts available were not presented as those totals were not
available at that time.
Mayor Nader stated staff needed to present intbrmation to the commissioners on which they could base their
recommendations to Council.
Mr. Goss stated at the time it went to the Commission the refinement of what would be included in the CIP part
of the CDBG funds was not available. There cotlid be $229,000 out of 1994/95, but would require a policy
commitment as Council could not approve funds tbr the next fiscal year as there was a federal regulation requiring
a public hearing process that would have to be followed. A policy commitment could be made that the additional
money would come out of 1995/96 block grant funds or a combination of those block grant funds and a portion of
those monies that had been set aside for park acquisition.
Mayor Nader questioned where the proposed Phase I funding would come from and how much money would be
needed the first year if it was a two year project.
Mr. Valenzuela responded that staff proposed that the first phase of $229,000 come from CDBG funds (1994/95).
Mr. Goss stated it could be done with the $229,000 only from block grant fhnds from 1994/95 and the remaining
$770,000 next year from block grant funds or, use the $229,000 for 1994/95 from block grant funds plus $470,000
from the park acquisition set aside and budget $300,000 next year for 1995/96. Both ways would achieve the same
result over a two year period. He limit that more money may need to be added as it would have to go through the
State Architecture Office as it was located on school district property. Their standards were usually higher and
therefore, costs were higher.
Councilmember Horton questioned whether the pmiect would be eligible for federal or state funding.
Mr. Valenzuela responded that staff would look at the CA Park & Wildlife Initiative if it passed. Staff would also
seek other funds.
Councilmember Fox stated one of the conseqeences of building the gym in Phase I would be the possible loss of
a passive neighborhood park on Third and "L" Street, he questioned whether the Commission was aware of that
possible loss.
Ms. Sandoval stated they were only addressing the Otay Community Park. The City had doubled in size over the
last twelve years and there was only one gymnasium.
· Bobby Lopez, 442 Montgomery, Chula Vista, CA, Director, Otay Golden Hand Training Center, requested
that the gymnasium be built first. He felt the youth problem would get out of hand if action was
not taken.
· Jesse Valdez, 1144 Dixon, Chula Vista, CA, Otay Golden Hands, spoke in support of the gym being built
first.
· Araz Tawflque, 7254 San Miguel, Lemon Grove, CA, Otay Golden Hands, spoke in support of the gym
being built first.
· Hector R. Garcia Jr., 309 Pine Court, Chnla Vista, CA, Otay Golden Hands, spoke in support of the gym
being built first.
· Steve Palma, 176 Montgomery Street, Chula Vista, CA, Chairman, Otay Committee, stated since the
beginning of the Golden Hands project the area had seen a reduction in crime and almost total
elimination of graffiti. The community had worked together to tbrm a group of good citizens.
They wanted a gymnasium and a park. The residents of Otay would try to raise money, and there
Minutes
May 24, 1994
Page 14
was a contractor waiting to reduce his price or donate money or labor to get the property graded.
They were now meeting with residents of other areas of Chula Vista.
· Elizabeth Stillwagon, 1512 Melrose Avenue, Chula Vista, CA, Chula Vista Connection, felt the community
should have been contacted fur input regarding funding options. Her organization was looking
into obtaining a bingo license which required that they had to dedicate 10% to another organization
which they would dedicate to Golden Hands. Ifother people would do that, rather than waiting
for grants, the project wonld be done ranch sooner. She t~lt the community could get together
with other contractors and businesses to see if they could help to design and construct the facility
at a lower cost.
MS (Rindone/Horton) support Option I (Parks & Recreation recnmmendation) and refer to staff for a
preliminary report back in 45 days on partnerships, i.e. was there a partnership possibility with the YMCA,
Boys & Girls Club, other community agencies, etc. in additinn to cnntinued efforts to seek grant funding.
Mr. Goss requested clarification of the motion, i.e. did partnerships refer to construction or operation. Based on
what had been done with the CIP it would probably be qnicker to proceed with the CIP and explore partnerships
as they went along. He felt the more likely partnership would be in the operation of the facility. He was assuming
that due to the action taken the project should be folded into the CIP program.
Councilmember Rindone felt staff should look at partnerships in both areas. The preliminary work had to be the
construction. That was the intent of the motion.
Mayor Nader stated he did not believe the intent of the motion was to study partnerships before proceeding, but to
proceed expeditiously and study partnerships as it went along.
Councilmember Moore advised those in the commnnity that a gymnasium on school land would have to go through
the State Architects office and would take some time. He t~It material contributions should also be solicited to keep
the costs down or make it even better.
Mayor Nader stated the youth center at Chula Vista High School had been delayed for years due to the difficulties
with State bureaucracy and felt staff should apply that hindsight to the new prqject. The moment staff saw any of
those issues coming up a concerted effort should be made by staff and elected officials level to cut through the red
tape. He would be available to go to Sacramento to sit down with the State Architect to explain the need for
expedited review of the project.
Mr. Goss stated the City should, several months in advance of the plans being ready, advise the political
representatives at the State level so they cotaid communicate that it was important to the City.
Councilmember Rindone stated Council had directed stall' to set tap meetings with various school boards and he
hoped that would be an issue of mutual discussion at the meeting with the elementary school board.
VOTE ON MOTION: approved unanimously.
Mr. Valenzuela stated staff recommended approval of the Otay Park Master Plan. The only difference was the
options in terms of phasing. He questioned if Council was putting the approval on hold with the master plan coming
back to Council in the future for approval.
Mayor Nader stated staff had direction from the policy makers and should not wait to move forward. If staff felt
a resolution was necessary for any legal reason to reflect the phasing order adopted it should be brought back.
Bruce Boogaard, City Attorney, stated resolution 17501 would approve the master plan and should be amended,
Section 3, to read "That Council adopts as a phasing plan the implementation of the Master Plan in the order
as set forth in Option 1 in the Council agenda repnrt, herewith dated".
Minutes
May 24, 1994
Page 15
Mayor Nader stated if there was no objection, the City Attorney's recommendation would be incorporated
into the resolution. RESOLUTION 17501, AS AMENDED, OFFERED BY MAYOR NADER, reading of the
text was waived, passed and approved ununimously.
* * * Council recessed at 9:03 p.m. sod reconvened at 9:27 p.m. * * *
22. RESOLUTION 17502 APPROVING THE 1994/95 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) BUDGET AND AUTHORIZING SUBMITTAL OF THE CDBG APPLICATION, FINAL
STATEMENT, AND CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT - In Fiscal Year (FY) 1994/95, the City will receive $1,812,000 in CDBG entitlement funds and
will have available $9,000 in unallocated funds li-oin FY 1993/94, making a total of $1,821,000. Staff has
thoroughly considered the recommendations of several advisory City Commissions and the comments made at the
public hearing on 5/10/94. Staff recommends approval of the resolution. (Director of Community Development)
Chris Salomone, Director of Community Development, stated staff recommended funding for Chula Vista
Connection; moved the Fire Safety House into another category where it would not compete with social services
with a recommendation of $5,000; part of the Teen Center was moved to Community Projects, i.e. $15,000 and
added $10,000 under CIP to be used lix renovation of site; staff was recommending against the donation of bus
passes because the profits from sales went to operations and would result in a net reduction of that program; and
staff offered the option of a Section 108 loan to fund the aquatic center.
· Rose Johnson, 1609 Hoover Avenue, National City, CA, representing the MAAC Project, spoke in
opposition to the staff reconnnendation nf $8,225 f~r funding of a staff person at the Otay Center.
She requested full funding of a staff person.
· Scott Mohser, 1301 Oleander Avenue, Chula Vista, CA, Executive Director, Boys & Girls Club of Chula
Vista, requested that the $5,000 funding liar the Targeted Outreach Program be transferred to the
Educational Enhancement Program which would result in $10,000 funding. They would try to
pursue other funding l~r th~ Targeted Outreach Program. That would have no net effect on the
City program. They also had a small proposal for CIP funds for volleyball stand equipment which
was a one time expenditure. The actual cost of installing the equipment was $5,500 and staff
recommended $3,000. He reqnested that Council look at funding the full $5,500.
Councilmember Fox stated he had requested a budget supplemental during the budget workshop that would expand
the Youth Action program. If Council complied with Mr. Mosher's request to move the recommended amounts
to the Educational Enhancement Program and provide zero funding for Targeted Outreach, perhaps some of the
options that would be provided in the budget supplemental could include Targeted Outreach. It appeared to
compliment the Youth Action program.
· Carol Gove, 447 "F" Street, Chula Vista, CA, representing Chula Vista Fire Department, stated their
request was $10,000 and staff recommended $5,000. She requested that Council reconsider their
one time request. Staff did contact another city that built their own trailer and their costs
exceeded $30,000. Staff had also contacted other fire departments regarding joint usage and with
budgetary constraints it was not f~lt it was a viable solution.
· Greg Cox, 3130 Bonita Road, Chula Vista, CA, representing South Bay Family YMCA, introduced
members of the YMCA Board. He requested that Council structure a 108 loan for an additional
$200,000 which could be paid back by the City over a four year period through CDBG funds.
That was actually $50,000 more than what had been represented by the City Manager, the main
difference was that the fitth year in the request. He hoped the YMCA would be able to get a total
allocation from Chula Vista of $500,000 Ii>r the aquatic center. $20,000 had been budgeted in
the CIP budget through Park Acquisition and Development funds. They would be suggesting at
the CIP budget hearing that $50,000 bc considered next year and the last three years funding be
$60,000 each. It was thed' intent t~l then immediately go to the Metro YMCA Board and use that
as a challenge grant to have theIn meet that amnunt. The YMCA Board was also working on
other creative ways of financing to increase the amount above and beyond the contribution from
the City. He assured Council that they had no intent to come back on the CDBG portion of the
Minutes
May 24, 1994
Page 16
funding or PAD funding to get a bigger commitment. He f~lt it would be appropriate to earmark
the funds for the training pool as it would cost approximately $250,000.
Mayor Nader stated Section 108 was also being used to lhcilitate the high tech/biotech zone, a proposal for a generic
small business incubator, and the proposed aquatic facility. He questioned if it was getting to a point where the City
nee/led to worry about overextending the City's Section 108 capability.
Mr. Salomone responded that the impact of the loan to the YMCA was quantified, the incubator and the high
tech/biotech were loan guarantee programs. He did not see that as a consideration.
MS (Nader/Fox) to amend the staff recommendatiun to include the fulluwing: 1) approve Option # for the
Aquatic Center and increasing the loan guarantee amnunt to $200,000; 2) reallocate the CIP funding for the
Otay Park allocation to the gymnasium (page 22-6); 3) adopt the YMCA request to reallocate the Social
Service funding of $10,000 for the Educational Enhancement Program and zero funding for the Targeted
Outreach Program.
Mayor Nader stated the request was asking staff to put the Targeted Outreach Program on the "Wish List"
to be considered for other than CDBG funding. He stated he would incorporate that into his motion, but no
one should be under the illusion that it wnuld happen due tu the state of the budget.
AMENDMENT TO MOTION: (Hortnn/Rindone) tn include: I) an additional $5,000 for the Fire Safety
House; and 2) as a condition of funding for the Aquatic Center that the Downtown YMCA provide the
matching funds before the City provides funding.
Mayor Nader questioned where the additional $5,000 fhnding would come from for the Fire Safety House.
Mr. Salomone stated there was over $1 million in the CIP program and there was an Contingency and Cost Overrun
recommendation of $46,000. That was very modest, but if Council wanted to take the additional funding from that
account the gymnasium request could be fully funded.
Mayor Nader stated he would support that funding source.
Councilmember Rindone stated he also supported that funding source. He questioned whether additional monies
could be taken from the Contingency account to make the funding tier the Otay Park gym an even $250,000
versus $229,000.
Councilmember Hurton stated she was agreeable tn that funding recnmmendation.
AMENDMENT TO MOTION: (Fox, agreeable to the Maker and Second of the Motion) to approve funding
of an additional $2,500 for the YMCA Volleyball Standards request, funds to come from the Contingency
funds.
VOTE ON AMENDMENTS: approved unanimously.
VOTE ON MOTION, AS AMENDED: approved unanimously.
RESOLUTION 17502, AS AMENDED OFFERED BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously.
Councilmember Moore stated he had been absent at the initial CDBG public hearing but had reviewed the tapes and
therefore participated in the item.
23. RESOLUTION 17503 ACCEPTING BID AND AWARDING CONTRACT FOR "THE
CONSTRUCTION OF MAIN LIBRARY RE-ROOFING PROJECT IN THE CITY (LB-130)" - On 4/6/94,
sealed bids were received for the construction of the main library re-roofing project. The flat roof for the main
Minutes
May24, 1994
Page 17
library, constructed in 1975, has reached its life expectancy and at present is experiencing frequent leakages which
require extensive maintenance. The work to be done consists of removal of the existing roofing and insulation,
construction of a new roofing system, and disposal of the existing built-up roof. Staff recommends approval of the
resolution. (Director of Public Works) Approved on the Ctmsent Calendar.
24. RESOLUTION 17504 APPROVING TIlE ENGINEER'S REPORT FOR THE FISCAL YEAR
1994/95 SPREAD OF ASSESSMENTS (ZONE E) FOR EASTLAKE MAINTENANCE DISTRICT NUMBER
ONE, DECLARING THE INTENTION TO ESTABLISH ZONE E FOR THE MAINTENANCE OF
TELEGRAPH CANYON CHANNEL, TO LEVY AND COLLECT ASSESSMENTS AND SET JULY 12 AND
JULY 19, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - On 6/1/93,
Council considered establishing Zone E within EastLake Maintenance District Number One to provide for the
maintenance of Telegraph Canyon channel. Cormoil directed staff to analyze alternatives in response to concerns
of assessing properties for new improvements. Staff has prepared five alternatives for Council's consideration.
Staff recommends approval of the resolution. (Director nf Public Works)
RESOLUTION 17504 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
25. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
John Lippitt, Director of Public Works, stated the City of San Diego wanted intbrmation from all agencies as to
whether they wanted to continue membership within the District by 6/3/94. On 6/6/94, the City of San Diego
would consider a weighted vote formula. The City was scheduled to address the issue on 6/7/94 and, therefore,
would not be able to respond to the City of San Diego on 6/3/94 as requested. Another meeting would be held with
the Southbay technical people on Friday to discuss the costs inw~lved. Chula Vista had three major concerns, i.e.
1) the weighted vote; 2) not wanting to sign a blank check as the costs were still unknown; and 3) nothing in the
agreement concerning Southbay reclamation.
ITEMS PULLED FROM TllE CONSENT CALENDAR
Items pulled: 5a, 6, 12, 13, 15, and 16. The n~inutes will reflect the published agenda order.
OTHER BUSINESS
26. CITY MANAGER'S REPORT(S)
26a. Mr. Goss stated that San Diego Gas and Electric had withdrawn plans to repower Southbay Power Plant
Unit 3.
26b. Scheduling of meetings. Mr. Goss stated there would be a budget meeting on Thursday, 5/26/94 at 4:00
p.m. in the Council Conference Room. The main lbcns of the meeting would be to review the Growth Management
Oversight Commission report.
26c. Mr. Goss stated there was concern on the scheduling of the Council tour on 6/11/94. The superhighway
portion with Cox Cable and Pacific Bell would take until 11:30 p.m. There was also a desire to do a drive-by on
certain CIP projects which would take it past noon. A meeting with the Library Board for a tour of the new library
and the performing arts center had also been suggested. He recommended the tour begin at the EastLake
Performing Arts Center and proceed fi'om there with the two meetings with Cox Cable and Pacifc Bell and then
return and look at the library.
Minutes
May 24, 1994
Page 18
MSUC (Rindone/Moore) to limit the 6/11/94 tour to the original two activities, i.e. the superhighway, but the
City Manager was to schedule the next tour in a timely manner (two months) to schedule those items already
pending.
27. MAYOR'S REPORT{S)
27a. Ratification of appointment to the Economic Development Commission: Glen Lewis (ex-officio).
MSUC (Nader/Rindone) to ratify the appointment of Glen Lewis its an Ex-Officio member to the Economic
Development Commission.
28. COUNCIL COMMENTS
Councilmember Horton
28a. Recommendation for Council appointment to the San Diego Technology Council. Continued from the
meeting of 5/17/94.
Councilmember Horton stated the City received a letter from the County of San Diego requesting that Council
appoint a member of the community to the San Diego Technology Council. The Council would bring together the
resources and expertise of industry, academia, labor and government to lhcilitate technology commercialization and
industry modernization.
MSUC (Horton/Nader) to appoint Curt Stephenson as the City's representative to the San Diego Technology
Council.
28b. Councilmember Horton stated that as the Chair of the City's Legislative Committee, she had directed staff
to opposed AB 3578 which would have superseded the City's mobile home rent control ordinance which had been
very effective in protecting the Council's desire to maintain affordable housing within the City.
CLOSED SESSION
Brace Boogaard, City Attorney, informed Council that due to the potential for litigation in the matter of Chammas
vs. the City of Chula Vista, he requested specific findings, i.e. that the Council find that the urgency to reject the
claim arose after the posting of the agenda and the matter could not wait until the next regularly scheduled Council
meeting.
MSUC (Nader/Fox) to find that the urgency to reject the claim arose after the posting of the ngenda and the
matter could not wait until the next regularly scheduled Council meeting.
Mr. Boogaard stated Council would not be discussing Garcia vs. Grassel, et al.; Hummel vs. the City of Chula
Vista; and Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin claims.
Council met in Closed Session at 11:03 p.m. and reconvened at 11:29 p.m.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9 - none.
Minutes
May 24, 1994
Page 19
30. PUBLIC EMPLOYEE APPOINTMENT:
· Title: Director of Finance
31. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
· Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue,
Chula Vista, Calilfornia.
Negotiating parties: Richard Hall/Hall Company, Community Development, and the City
Attorney's office.
Under negotiation: Purchase price and terms of payment.
32. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
Mr. Boogaard reported that Council vote 4-0-0-1 (Nader abstaining) to approve the Risk Management Division's
proposed letter of 5/24/94 rejecting the claim lbr damages of Gina Chammas received on 4/11/94 for the various
reasons stated therein, and authorized its release as soon as possible.
Mr. Goss announced the appointment of Robert Powell as Finance Director eft~ctive 6/20/94 as ratified by Council
on a unanimous vote.
AD.IOURNMENT
ADJOURNMENT AT 11:32 P.M. to a Budget Worksession/Meeting on Thursday, May 26, 1994 at 4:00 p.m. in
the Council Conference Room, thence to a Budget Worksession/Meeting on Wednesday, June 1, 1994 at 6:00 p.m.
in the Council Conference Room, and thence to the Rcgnlar City Council Meeting on June 7, 1994 at 4:00 p.m.
in the City Council Chambers.
Respectthlly submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Deputy ~,Clerk