HomeMy WebLinkAboutcc min 1992/05/05 MINUTF~ OF A REGULAR MEETING OF THE
(j'fY OF CHULA VISTA
Tuesday, May 5, 1992 Council Chambers
4:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, Moore, Rindone, and Mayor Nader
ABSENT: Councilwoman Grasser Horton
ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney;
and Beverly A. Authelet, City Clerk
2. PI.F-t'~GE OF ,~LLF-GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINU'I~S: April 28, 1992
MSC (Moore/Rindone) to approve the minutes of April 28, 1992 as presented. Approved 4-0-1 with
Counc~woman Grasser Horton absent.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation congratulating the Ddta Sigma Phi Fraternity for their Community Service - In order
to promote a positive image of young college men and encourage a better understanding between elders of
the community and young people, an intergenerational project was planned to assist the Senior Center with
the move to the new Center. The proclamation was presented by Mayor Pro Tern Malcolm to Joel Pitel,
Recreation Leader with the Senior Section of the Parks and Recreation Department, on behalf of the Delta
Sigma Fraternity.
Mr. Pital thanked the Council and stated that the Fraternity took great pride in the community and in
assisting the Senior Center.
b. Proclaiming May as "Older American's Month" - May is the month that the nation takes time to
acknowledge and celebrate the achievements and eontrlbutions of its older eitizens. The proclamation was
presented by Mayor Pro Tern Malcolm to Helen Stokes, representing the Commission on Aging.
Mrs. Stokes thanked the Council and introduced Anita Adfenson, age 102, and Lillie Pyke, age 100. Ms.
Adfenson expressed her thanks and Ms. Pyke stated that she was glad to be there.
C. PrOdaimlng the week of May 3-9, 1992 as 'Youth Week* in the City of Chula Vista - The
proclamation was presented by Mayor Pro Tern Malcolm to Bill Walthen, Exalted Ruler of the Chula Vista
Elks Lodge, and Garry Hummel, Youth Activity Chairman.
Mr. Walthen thanked the Council and introduced Gary Hummel, the Youth Activity Coordinator.
d. Oath of Office: Susan Domblaser - Design Review Committee. The Oath of Office was administered
by City Clerk Authelet and the certificate of appointment was presented by Mayor Pro Tern Malcolm.
Minutes
May 5, 1992
Page 2 . \
CONSENT CAI.~NDAR
(Items Pulled: 10, 11, 12, 13, and 14)
BALANCE OF THE CONSF2qF CALENDAR O~'P'ERED BY MAYOR NADEK, reading of the text wa~ waivt~l,
passed and approved 4-0-1 with Councilwoman Grasser Horton absent.
5. WRrFrF. N COMMUNICATIONS:
a. Clairn~ against the City:. Ms. Maria C. Becerra, c/o Donald A. Hon, Attorney at Law, 2232 E1 Cajon
Boulevard, San Diego, CA 92104-1194. It is the recommendation of the City~s claims adjustors, Carl Warren
& Company, and concurred by Risk Management, that the claim be denied.
6. ORDINANCE 2511 AMENDING-rHLE1SOFTHECHULAVISTAMUNIC1PALCODEBYADDING
A NEW CHAFFER 15.54 ESTABLISHING PROCF. nURES FOR THE ASS~ AND COH.RCrlON OF
BRIDGE AND THOROUGHFARE FEES (second readin~ and adoption) - The proposed ordinance would enable
the City to establish a fee district pursuant to Section 66484 of the Map Act and the charter powers of the
City. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney and
Director of Public Works)
7. RESOLUTION 16584 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
TRUCKS - Bids were received for the purchase of three vehicles approved in the FY 1991/92 budget. Two
vehicles are provided for in the Equipment Replacement budget and the other one in the General Fund. The
vehicles will be used by Public Works Operations. Staff recommends approval of the resolution. (Director
of Finance) Continued from the 4/21/92 meeting.
8. RESOLUTION 16609 AMENDING/EXTENDING CONTRACT BETWEEN THE Ca'iT OF CHULA
VISTA, BUD GRAY, AND EASTLAKE DEVELOPMENT COMPANY FOR F2,SlI, AKFdKAISER PRO~CTS - The
amendment to the existing agreement will extend the term and adjust the compensation in order to complete
the EastLake/Kaiser projects. Staff recommends approval of the resolution. (Director of Planning)
9. RESOLUTION 16610 AMENDING CONTRACT WTrH ROBERT BEIN, lt~IIJJAM FROST AND
ASSOCIATES, INC. FOR DESIGN ENGINEERING SERVICES REQUIRED FOR DRAINAGE CHANNEL
IMPROVEMENTS NORTH OF EAST NAPIS_q FROM HILLTOP DRIVE TO 767 FEET EAST - On 9/19/89,
Council approved an agreement with Robert Bein, William Frost and Assoc. for design engineering services
required for the drainage channel improvements north of East Naples Street from Hilltop Drive to 767 feet
east. On 3/3/92, staff presented a report recommending to proceed with an altemative design to replace
the existing unimproved channel with a concrete invert and stabilized grass side slopes. The amendment
defmes the scope of additional services required to complete design and provides for an increase of $8,215.
Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 16611 APPROVING AGBRRMENT BETWEEN THE COUNTY OF SAN DIEGO,
SOIrrHVVE,.%'TERN COMMUNITY COIJ-F. GE Dlb~IRICT, AND THE Ca'IY OF CHULA VISTA FOR
CONb'IKUCTION, MAINTENANCE, AND OPERATING THE SO~'I I~LN COI-I~-GE TRANSIT (F.N'ITp, R
The agreement authorizes the County to proceed with construction of the Southwestern College Transit
Minutes
May5, 1992
Page 3
Center and defines maintenance responsibilities between the College and the City after the Center is built.
Staffrecommendsapprovaloftheresolution. (DirectorofPublicWorks) Pulled from the Consent Calendar.
AI Castell, 1536 Marble Court, Chula Vista, CA 91911, representing the County of San Diego's Department
of Public Works, spoke in favor of the staff recommendation.
Bill Gustarson, Transit Coordinator, presented a slide presentation. The total cost of the project included
the feasibility study, which had already been done, and the engineering drawings, which would be done if
the project was approved by all three parties. The total cost was for all three phases of the project. In
addition, there was a contingency cost included in the total cost. Staff felt that was a conservative estimate
for the total cost estimate. It also included the cost of the signal at Elmhurst.
Councilman Rindone was concerned about the egress of the ~raffic flow from both the bay and the college.
Mr. Castell stated that the flow going southerly on Otay Lakes Road was designed to work well because
because there would be a traffic signal at Elmhurst. They had traffic consultants for that particular design
and they felt that was the best configuration for an even flow of traffic through that corridor. He stated
traffic could enter and exit there. The traffic signal at Elmhurst would allow the ability for those
movements, for the traffic exiting the college, the vehicle traffic and for the buses to leave and use that as
an acceleration lane to go back onto Otay Lakes Road. He said that particular design took into account the
additional widening of Otay Lakes Road and would actually allow for two additional lanes.
Councilman Malcolm asked if a cut could be put across the median so that everyone had to come out the
same driveway.
Hal Rosenberg, City Traffic Engineer, stated there were two distinct moves out of the driveway. The buses
turning left would enter the extension of Elmhurst, blend in with the college ~raffic and turn from the left
lane of that access road. If the bus was to exit and go northbound, they would stop at the bay, then enter
the flow, move over to the left, continue and then turn left. If the buses went south, they would continue
along that loop. He stated it was a planning concept and there would probably be an island in the final
design.
MSC (RindonefMalcolm) to refer the item back to staff for one week to clarify the specific point of where
the island would be and with an explanation of how the egress for both the buses and the college students
would be resolved and showing a traffic flow pattern, as well as the cost. Approved 40-1 with
Councilwoman Grasser Horton absenL
The City Council recessed at 6:23 p~n. to dosed session. Reconvened at 7:07 p.m
11. RESOLUTION 16608 APPROVINGRESIDENT/NON-RESIDENTGRRRNFEESCHEDULEFORTI-~
CHULA VISTA MUNICIPAL GOLF COURSE - At the meeting of 3/19/91, Council approved the current green
fee schedule for the Chula Vista Municipal Golf Come. Council directed staff and American Golf to develop
and present to Council a proposal for a resident discount rate before any future increase is considered. At
the 4/28/92 meeting Council requested additional information on financial impact. Staff recommends
approval of the resolution. (Director of Parks and Recreation) Continued from the 4/28/92 meeting. Pulled
from the Consent Calendar.
Councilman Rindone stated that the item had been before Council the previous week and some concerns
had been expressed. It was actually a two part item: (1) to develop the resident/non-resident fee schedule
as proposed by American Golf; and (2) to waive the resident requirement for the Chula Vista Men's and
Minutes
May 5, 1992
Page 4
Women's Club. He said that approximately 58% of the Men's Club was comprised of non-residents and 34%
of the Women's Club was comprised of non-residents. He commended American Golf for coming up with
a two-tiered structure but also thought the Council had a responsibility to the tax payers, He had extensive
discussions with the President of the Men's Club and had expressed that concern and that he had a great
deal of reservation supporting the first part without addressing some way to resolve the concerns of the tax
payers who had actually paid for the purchase of the golf course and was the responsibility of all tax paying
residents in Chula Vista. Several different options were explored. One possibility was placing a cap on a
percentage, the other possibility was grandlathering those in and allowing no new non-residents to join
without paying a fee. They did strike a compromise that would place a one-time $25 assessment fee on new
non-residents joining either the Men's Club or the Women's Club. It would be applicable to new non-
residents and any non-resident member who did not continue consecutive membership.
MS (Rindone/Nader) to adopt the staff recommendation and approve a new one-time $25 assessment fee
for new non-resident members joining the Men's and Women's Club a_~er 7/1/92.
Counc~man Malcolm said he did not llke the 7/1/92 date and thought if fees were going to be charged they
should become effective immediately.
Counc~man Rindone said that the effective date could be changed.
Councilman Malcolm asked what other benefits a golfer received other than reduced fees when joining the
Men's Club.
Jerry Foneerrada, Parks Superintendent, answered that they were eligible to compete in various tournaments
conducted by the Men's Club throughout the year, had their handicap established for use outside the Chula
Vista Golf Course and also included their handicap fee,
Mr. Straw, President of the Men's Club, stated that the renewal fee for the Men's Club was currently $45 per
year and it included the handicap fee. He said that Southern California Golf Association (SCGA) charged
them $17 per member per year for handicap fees, The initial fee for new members was $6S per year.
Councilman Malcolm said that his problem was that none of the money went to the City of Chula Vista or
the Chula Vista residents,
Mr. Straw said he would estimate that for a new member $40 of the $48 would go to tournament prize
money which was in the form of script for items purchased through the Pro Shop and he did not know how
much of the sales in the Pro Shop went to the City.
Mr, Foneerrada said that 6% of the Pro Shop revenues went to the City.
Mr. Straw said that the previous year they spent in excess of $30,000 for the sixteen tournaments they put
on. They issued over $30,000 worth of script that was redeemed in the Pro Shop. Other benefits to the City
came in the form of a golfer on a tournament day renting a cart ($18), purchasing a bucket of balls ($2 to
$5) and having a beverage at the halfway house or afterwards having a beverage and something to eat. He
said there were associated costs not reflected in the green fees that the golfer spent on the course and the
City received a percentage of that in various forms.
Councilman Malcolm thought they were giving non-residents a much bigger break than what they were
giving to residents. He would rather increase the fees to non-residents more and lower the fees for the
residents. He said he would not support the motion.
Minutes
May S, 1992
Page 5
Cliff Roland, 1100 Industrial Blvd., Chula Vista, CA 91911, spoke in opposition to staff recommendation.
VOTE ON MOTION: approved 3-1-1 with Councilman Malcolm opposed and Councilwoman Grasse~ Hotton
absenL
12. RESOLDTION 16612 APPROVING AN AGRRF-MENT WITH MARIO TORERO FOR THR CHIJI.A
VISTA MURAL PROGRAM - PHASE 1 - In November 1988, Council requested staff investigate the possibility
of developing a program which would use murals to replace graffiri in certain areas of the City, due to an
increase in graffiti vandalism. Since that time funding has been received, an artist selected, and staff is
prepared to proceed with the anti-graffiti mural program. Staff recommends approval of the resolution.
(Director of Parks and Recreation) Pulled from the Consent Calendar.
Councilman Malcolm said that he had some problems with where the murals may be put.
Jess Valenzuela, Director of Parks and Recreation, stated that a couple of the potential sites staff had looked
at included Industrial Blvd. and Palomar and Orange Avenue. Staff would be returning to the Cultural Arts
Commission and the Council for final approval of the locations.
Councilman Malcolm asked ff the City was entering into a contract.
Mr. Valenzuela said that if Council approved the agreement then they would be entering into a contract.
If the proposal was not approved the program would be put on hold and the CDBG money would be
returned to the City. In the current agreement, Mr. Torero would be paid $15,500 for two murals and would
serve as a mentor to Junior High School and High School students. If the murals were not approved, the
City would nor be obligated to pay the money. He said that from the date of the execution of the agreement
the murals would have to be painted in six months.
Councilman Moore asked if staff had established a liaison with schools for potential sites.
Mr. Valenzuela answered that staff had discussions with the school districts but not to any great degree.
Staff was looking for potential art students that wanted to be part of the project. Staff had worked closer
with the Police Department in the anti-graf~ti efforts and on the Graffiti Eradication Program and they
helped to work with them to get some youngsters from that program as well.
Councilman Moore said that if a mural was going to be successful, it should be in an area that was highly
visible.
Mr. Valenzuela pointed out that in the agreement between the artist and the City, it was in four phases and
that if the City did not feel the fint phase had been acceptable in terms of a proposal then it could be
discontinued at that point without having to pay the entire $15,500. He said that was on page four of the
agreement.
Bruce Boogaard, City Attorney, said that he would like to take the liberty after Council approved the
resolution to 'beef up" that section of the contract to make sure that the City would have the right to
withdraw after each phases.
MS (Nader/Malcolm) to amend the proposed agreement by asking the City Attorney to add language that
would assure that the City is entitled to withdraw if adequate sites are not tint selected and approved by
the City Counc~.
Minutes
May 5, 1992
Page 6
City Attorney Boogaard said that he would bring back the exact language to offer a structured payment
schedule where Mr. Torero was compensated for at least helping out in the design and site selection process
and then if the Council chose to go forward they would provide a phased payment of the balance of the
money. He said he would work with Mr. Valenzuela and bring back a contract for Council's approval.
VOTE ON AMENDMENT: approved 4-0-1 with Councilwoman Grasser Hotton absent.
MS (Nader/Moore) to approve Resolution 16612 as amended. Failed 2-2-1 with Councilman Malcolm and
COnBellman Rindone opposed and Councilwoman Grasser Honon absent.
Mayor Nader asked that the item be put back on the agenda the following week when there would be a full
Council.
13. REPORT PARKS AND RECREATION DEPARTMENT THRER YEAR STRATEGIC PLAN
As part of the Department's long range planning efforts, a Three Year Strategic Plan has been prepared to
guide the Deparunent's future and the community's parks and recreation services. Staff recommends Council
accept the report. (Director of Parks and Recreation) Pulled from the Consent Calendar.
Sid Morris, Assistant City Manager, said that one of the things that the City Manager's Office wanted to make
clear was that in accepting the report they were not actually adopting all of the components of the proposed
strategic plan and that it would be staffs intent to bring back key decision points to the City Council for
approval at the time that they were ready for submittal.
Councilman Rindone stated that he had no problem accepting the report. He did review the three-year
strategic plan prepared by the Parks and Recreation Deparunent and felt there was at least one significant
major area that was not addressed at all. The one area that he felt was totally missing was 'quality
programming design." He thought the quality of life was one of the keys in the City.
MS {Rindone/Malcolm) to accept the report and direct staff to revise the strategic plan draft to include at
least strategy providing recommended actions and descriptions of quality program desigm Approved 4.0-1
with Councilwornnr~ Grasser Hotton absent.
14. REPORT SANDAG REGIONAL GROWTH MANAGEMENT SrRATEGY - The Regional
Growth Management Strategy (RGMS) has been developed through SANDAG in response to Proposition C,
the County Advisory Measure on Growth Management which was approved by the voters in 1988. The
Council reviewed a draft of the RGMS on 10/t/91, and directed staff to forward specific comments on the
draft report. On 1/24/92, the SANDAG Board recommended approval of the revised draft report, which
includes responses to all of the comments received from Chula Vista and other reviewing agencies. Staff
recommends Council approve the revised draft RGMS. (Director of Planning) Pulled from the Consent
Calendar.
Mayor Nader stated that he had several concerns on the item. There were a number of items which the
report acknowledged were yet to be determined that were crucial elements to the development of a growth
management strategy ff it were to be successful in protecting the quality of life in the region. He also said
he had some serious concern with some of the direction given by SANDAG staff in the past. He understood
after reading the report and talking to staff that part of the plan was to revise it, if necessary, to make it
conform to a number that would at least meet the minimal standards that the plan would set forward. In
that sense he thought it was a step in the right direction in setting some standards for maintaining the
quality of life in the region against which local agencies could compare their performance. The one concern
Minutes
May S, 1992
Page 7
he had that had to be addressed before he could vote in favor of the staff recommendation was that some
communities, including Chula Vista, had already adopted certain quality of life standards and he wanted to
make sure it was clearly understood that in adopting the recommendation before them that they were not
waiving their tight to adopt strict or higher standards than those set forth in the SANDAG plan.
MS CNader/Moore) to amend the staff recommendation to state our understanding and condition that
nothing in the SANDAG Regional Growth Management plan should preclude the lo~al entity from adopting
a higher or stricter quality of life standard than the one contnlned in the SANDAG plan.
Mr. Schafer, representative from SANDAG, stated that he thought the proposal was fine.
VOTE ON AMENDMENT: approved 4-0-1 with Councilwoman Grasser Horton absent.
15. REPORT COUNCIL ACTION UPHOLDING PLANNING COMMISSION DECISION ON
FRF_.F..STANDING SIGN AT 830 BROADWAY - PACIFIC SIGN CONSTRUCTION COMPANY - On 4/28/92,
Council held a scheduled public hearing to consider an appeal on a freestanding sign located at 830
Broadway. Council took action to uphold the Planning Commission's decision and denied the appeal. It was
determined that the owners of the property, i.e. the Firestone Company, received notification of the hearing;
however, Pacific Sign Construction, who was representing the appellant failed to receive notice. Staff
recommends Council rescind action on DRC-92-04 and reschedule a public hearing for 6/2/92, at 4:00 p.m.
m consider the appeal. (Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RRI.ATED RESOLUTIONS AND ORDINANt~F-~
16. PUBLIC HEARING PCM-92-03: REQUEST TO AMEND THE EASTLAKE H GENERAL
DEVELOPMENT PLAN, EASTLAKE GR RRNS SPA PLAN AND ~ I (EXPANSION) PLANNED DI~I-R/CF
REGULATIONS - The request is to amend the EastLake Greens SPA Plan and related ordinances to transfer
sixty-nine dwelling units within the project area. No increase in dwelling units is proposed. Staff
recommends Council certify Negative Declaration IS-92-04, approve the resolutions and place the ordinance
on fucst reading. (Director of Planning) Staff re~uest~ ~ item be continued to the meetin~ of May 19.
1992.
MSC (MooreJNader) to continue the Public Hearing to 5/19/92. Approved 4-O-1 with Coundlwoman
Grasser Hotton absenL
17. PUBUC HEARING CONSIDERING REQUEST FORVACATION OF AN EASF, MF2~IT FOR SEWI~R
PURPOSES AT 1144 BROADWAY - In accordance with subsection 8333 of the California Streets and
Highways Code, a public service easement may be vacated by the Council after a public hearing is held to
consider the matter. The vacation request was filed by the Price Company, 1144 Broadway. Resolution of
Intention No. 16587 was passed by Council on 4/21/92. Staff recommends approval of the resolution.
(Director of Public Works)
RESOLUTION 16613 GRANTINGVACATIONOFANEASEMENTFOR. SEWERPURPOSF. SATl144
BROADWAY (PRICE COMPANY3
Minutes
May 5, 1992
Page 8
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.
RESOLUTION 16613 Ot~t'~O BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 40-1 with Councilwoman Grasser Horton absent.
18. PUBLIC HEARING HOUSING AND COMMUNITY DEVELOPMENT Ng.F.I~S FOR THE 199293
COMMUNITY DEVELOPMF.2~ BLOCK GRANT (CDBG) PROGRAM - The City will receive $1,380,000 in
CDBG entitlement funds and anticipates receiving program income of about $181,000 from the CDBG
Housing Rehabilitation revolving fund. The public hearing provides an opportunity for citizens to comment
on how CDBG funds can be allocated to meet the CiFfs housing and community development needs. No
staff recommendations are being made at this time, and Council is not expected to take any action on the
proposed budget other than to give desired direction. Staff will present funding recommendations for
Council action at the meeting of May 19th. Staff recommends Council hear public testimony, accept the staff
report, and direct staff to return on 5/19/92 with the funding recommendation report. (Director of
Community Development)
Chris Salomone, Director of Community Development, stated that staff was prepared to answer any
questions. He said there was no staff recommendation and that the item would return to Council on
5/19/92 for final action. The purpose that evening was to receive input from the public on the CDBG
program.
Councilman Rindone stated that due to a conflict of interest, he would abstain on the item.
This being the time and place as advertised, the public hearing was declared open.
The following people spoke in favor of funding for the Chula Vista Literacy Team:
Oliver DeLeon, 826 Oaklawn Ave., Chula Vista, CA 91911
James Shottits
Edgar J. Trapp, 361 West "L" St., Chula Vista, CA 91911
Ray-Etta Mortell, 116 Palomar St., Chula Vista, CA 91911
Stephanie Lobnik, 1150 Camino, Chula Vista, CA
The following people spoke in favor of funding for the Chula Vista School District: Marie Sauber
Gloria Jimenez, 1320 Willi, Chula Vista, CA
AI Madison
Anthony J. Gonzales, 1068 Calma Dr., Chula Vista, CA 91910
John Vugrin, 84 East "j" St., Chula Vista, CA
Cindy Johns, 510 Naples St., Chula Vista, CA 91911
The following person spoke in favor of funding for the Boys & Girls Club of Chula Vista: Jim Robinson, 1301 Oleander, Chula Vista, CA 91911
The following people spoke in favor of funding for the YMCA:
Tina Williams, 50 Fourth Ave., Chula Vista, CA 91910
Dr. Gail Edwards, 571 Third Ave., Chula Vista, CA 91910
The following person spoke in favor of funding for Vista Hill Hospital: Marie Miehls, 988 Myra Ave., Chula Vista, CA 91911
Minutes
May 5, 1992
Page 9
The following person spoke in favor of funding for the Commission on Aging: Helen Stokes, 1543 Max Ave., Chula Vista, CA 91911
The following person spoke in favor of funding for Kinesis South: Jeffrey P. Thomas, 265 'E" St., Chula Vista, CA 91910
The following person spoke in favor of funding for Episcopal Community Services: M. Jean Serafy, 3776 4th St., San Diego, CA 92103
The following people spoke in favor of funding for the Center for Women's Studies and Services:
Laurine Baxter, 2467 "E" St., San Diego, CA 92102
Diana Pitman, 2467 "E" St., San Diego, CA 92102
The following person spoke in favor of funding for the Community Service Center for the Disabled:
Carol August, 678 3rd Ave., Ste. 205, Chula Visa, CA
The following person spoke in favor of funding for the Lutheran Social Services, Project Hand: Judith Johnson, 580 Hilltop Dr., Chula Vista, CA 91910
The following person spoke in favor of funding for the Library Board: Ronald g. W~liams, 799 Sea Vale, Chula Vista, CA 91910
The following person spoke in favor of funding for The Salvation Army: Bill Molina, 648 3rd Ave., Chula Vista, CA
The following person spoke in favor of funding for the Adult Protective Services, Inc.: Betty S. Magill, 9804 Sierra Madre Rd., Spring Valley, CA 91977
The following people spoke in favor of funding for the San Diego Transcendental Meditation Program:
Clover Clavert, 5151 Robinhood Rd., Bonita, CA 91902
Mary Doan, 6535 Acorn St., San Diego, CA 92115
There being no further public testimony, the public hearing was declared closed.
MS (Nader/Malcolm) to accept the report and direct staff to return on 5/19/92 with the funding
recommendation report. Apprnved 3-(~1-1 with Councilwomen Grasser Honon absent and Coillies]man
Rindone abstaining.
ORAL COMMUNICATIONS
Adolfo Castillo, 57 Whitney St., Chula Vista, CA 91910, said he was the owner of three restaurants, two in
National City and one in Chula Vista. He said the one in Chula Vista had been there for eight years and the
two in National City had been there for twelve years. Approximately a year prior he had passed a location
which he thought could be successful for another restaurant. He contacted the landlord and was informed
that the rent was reasonable. He talked to the Planning Department and was told that he could have a
restaurant at that location. He was currently experiencing several different problems. He said most of the
problems were being solved except one which was coming from the Engineering Department. At one time
a lien could be put on the property but now it was being denied. He said the property was located at 3344
Main Street in Chula Vista, between 3rd and Hilltop.
Minutes
May 5, 1992
Page 10 )
Mayor Nader believed the Council Aide, Sidney Summers, was working on the subject and understood that
a final answer or recommendation from staff was expected within two weeks. He said if it was not
satisfactory to Mr. Castillo, the item could be placed on the Council agenda for possible action.
Mr. Castillo said that he had been working with the problem for the last nine months and that every month
cost him $2,000 so he was already in the hole for $18,000 and was still in limbo. He did not know for sure
if the permit was going to be available or not.
Mayor Nader said he was sony it had taken nine months to get an answer and that there would be an
answer for Mr. Castillo before another month went by. He said that action could not legally be taken that
evening.
Cliff Swanson, Deputy Director of Public Works, stated that Mr. Cast~lo had requested and staff had
approved under the ordinance guidelines, deferral. The deferral needed to be secured with either a cash
bond or a lien on the property. Mr. Castillo had indicated he preferred the lien. The lien need to be
approved by Council and staff was making every attempt to put that on the agenda for the next Council
meeting.
Sid Morris, Assistant City Managr, said the agenda statement had yet to be written and reviewed by staff
or the City Manager. He said staff was attempting to put it on the agenda within the next two weeks, but
would try to get in on the following week. The only barrier would be that they had not seen the actual
document.
Mayor Nader strongly encouraged that staff place it on the following week's agenda.
Councilman Malcolm told Mr. Castillo that he would be notified in a week or two on the item but that did
not mean that it was going to be recommended for approval.
Mr. Morris said that the deferral had not been denied. The only question was whether there would be a
cash bond or a lien on the property.
Mayor Nader said that it should be on as an action item the following week and if not, he would put it on
under his comments so action could legally be taken. He felt confident staff would get it resolved before
another month went by.
Councilman Moore asked what the official Council policy was on infrastructure improvements such as
streets, sidewalk, etc.
Mr. Swanson responded that at the 11/11/85 meeting, Council approved a report by the Director of Public
Works and the following recommended actions were approved: (1) limit all deferrals of public
improvements to three years with a stipulation that the deferral may be terminated upon written notice by
the City Engineer at any time within the three year period; and (2) accept only cash bonds except in cases
of demonstrated hardship when a lien on real property may be accepted, the lien agreement would be
worded in such a way as to bind the owner to the full cost of installing the improvements at the time the
deferral is called up and not the amount estimated at the time the deferral is granted. That report indicated
various reasons why there were problems at that time with surety bonds, why that was unacceptable and
why the cash bond was preferred. It also included reasons that should it become necessary to call up a lien
on the property and it became a matter of court action to foreclose on the lien, should forclosure be
necessary it was a situation that the City wished to avoid. That was why the cash bond was preferred except
in cases of demonstrated hardship.
Minutes
May S, 1992
Page 11
Councilman Moore thought there should be some kind of procedure in writing to help those who wanted
a piece of land and needed a conditional use permit. Something on paper with minor modification because
each situation would be slightly different, that would tell the person the proper steps to take, costs, bonding,
etc. so that the people would be better served. He asked ffthe City put on another restriction because there
was widening of the street, a restriction that said the lease was up for only a five year review because the
City might want to change the use of the property under redevelopmerit.
Mr. Morris stated that he would look into that and bring back the answer when the final report was
presented to Council.
MSC (Nadex/Malcolm) for staff to bring back an information report concemlng the issues raised by Mr.
Castillo and Councilman Moore's comments that evening. Approved 4-0-1 with Councilwoman Grasser
Holton absent.
Mayor Nader asked that the following be placed under his comments for the 5/12/92 meeting: Changing
procedure so staff had discretion to approve a lien.
ACTION fTE.MS
19. RF)ORT REQUEST FOR WAIVER OF FEES FOR CONDITIONAL USE PERMIT PCC-92-
12 - On 3/3/92, Council considered a letter from Femando Durazo dated 1/21/92 requesting that fees in
excess of the original $1,000 deposit for processing a conditional use permit for a used car sales facility at
1506 Broadway be waived. Council referred the matter to staff for a report and recommendation. Staff
recommends Council accept the report and deny the request. (Director of Planning)
MSC (Nadar/Moore) to accept the staff n_'commendation. Approved 4-0-1 with COIllid]woman Gl'a~
Holton absenL
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS pUIJ.RI~ FROM THE CONSENT CALENDAR
Items pulled: 10, 11, 12, 13, and 14. The minutes will reflect the published agenda order.
OTHER BUSINESS
20. CITY MANAGERS REPORT(S) - None.
21. MAYORS REPORT(S)
a. Mayor Nader thought everyone was shocked and saddened by the events in Los Angeles and in many
other cities throughout the country over the previous week. He said that President Bush had declared
Minutes
May S, 1992
Page 12
Thursday, 5/7/92, to be a day of National Prayer. He urged the citizens of Chula Vista to observe that in
whatever way appropriate and to reflect upon their obligations as human beings to think about the needs
of one and other in our individual actions and in our social actions and to remember in the course of
observing that day of prayer the words of John F. Kennedy "Here on earth, God's work must truly be our
own.' He could not help but think that if we all resolved whether as individuals, family members or
government officials, to love our neighbors as ourselves, there might be a great deal less of that kind of
senselessness seen in Los Angeles. He commended the police department for their prompt willingness to
respond when called upon by a sister city to the north.
22. COUNCIL COMMENTS
Councilman Rindone:
a. Councilman Rindone commended the Cultural Arts Commission and Chairperson Dency Stoval for an
excellent Cultural Arts Fair. He thought perhaps the highlight was Castovos Romeriz' piano concert that was
held Saturday night. He looked forward to future fairs in coming years.
b. Councilman Rindone said that he received a letter from a constituent that he wanted to refer to staff.
It was a concern about the removal of a traffic signal at the comer of the Otay Lakes Road and Gotham
Street intersection. He asked staff if there was a referral to come back to Council on that specific item.
John Lippitt, Director of Public Works, responded that there was a referral for staff to re-study that
intersection by the time they come forward with the next CIP. He stated that staff was also responding to
the constituent with a letter containing a lot of information.
Councilman Rindone requested a copy of the letter. He noted one concern that was stated in the letter he
received was the complete removal of the signal from the list and asked how that had come about.
Councilman Malcolm:
c. Councilman Malcolm stated that he was happy Mr. Thomas was out of jail and back in Chula Vista.
He said it was amazing that a person could allegedly be charged with stealing $27 in Texas, no gun, no
lethal weapon, and be sentenced to life in prison. He thought it was appalling, but did not know what was
more appalling, jailing a person for life for stealing $27 or the verdict that he did not agree with that had
come out of Simi Valley.
Mayor Nader said that in his mind what was more appalling than a sentence for the crime Councilman
Malcolm described was that the evidence conclusively showed that Mr. Thomas was not the one who
committed the crime. He was an innocent person who was sentenced for life and then it took over a year
to get him released.
d. Councilman Malcolm stated that the Otay Water District had written an appalling letter to the City
Council. They never gave the City 24 hours notice that they were shutting off the water. They did not
notify Sweetwater Union High School District or Southwestern College but did let the developers know. He
stated that the Parks and Recreation Department had, less than a year prior, set up a water bank
encouraging residents to save water. Presently there was over 45 million gallons in the water bank. On the
17th when they shut it down, staff went out to the Otay Water District and said to the Public Information
Officer that they were concerned about the shut down and using the City's backflow devises to shut off the
water. The Public Information Officer told staff they were not doing that. A couple hours later staff was
Minutes
May 5, 1992
Page 13
told they had been misinformed and that he was sorry. He believed it was important that the City of Chula
Vista was on record with the Otay Water District that they believe staff, the City and the taxpayers had a
right to be notified and an obligation to be notified before they shut off the water. The City would have
been glad to cooperate with them, but they decided not to work with the City, not to notify the City and he
thought that was unfortunate. Now Otay Water District claimed in their letter that staff was lying and he
guessed everyone at Southwestern College and Sweetwater Union High School was lying also. He said they
were not lying. The fact was Otay Water District did not do their job.
Mayor Nader asked that their aide prepare an appropriate letter for his signature to the Board at the Otay
Water District expressing the City's concerns.
e. Councilman Malcolm said that the Southbay Community Services had a proposal for low-income
housing and they wanted to do a transitional housing project. The problem was that they did not really
know ff the cart or the horse should be in front and he suggested that they get some type of reaction from
the City Council on: (1) if transitional housing was wanted in the City of Chula Vista; and, (2) if the area
where they had located a site was one that the City would like to see have transitional housing.
Kathy Lembo, Director of Southbay Community Services, said that about three years prior their agency, the
MAAC project, Episcopal Community Services and Lutheran Social Services started meeting to discuss the
homeless situation in the Southbay area. They were getting many requests from the elementary schools.
The schools were concerned that families were having to go to downtown San Diego ff they became
homeless and they had ch~dren in the City of Chula Vista School District. They started meeting to discuss
how they could collaboratively address the problem best. They felt a transitional housing, long term kind
of housing shelter would meet the needs the best way. Because their agency was in the process of opening
a homeless teen shelter they were not in a position at that time to take the lead. Since then they had started
the community development program and were in that position presently. They still had the commitments
from those agencies to provide the social services, case management, job training and the services that they
provide which was child care, and counseling to a transitional housing project and a low income housing.
They had been working with City staff on locating sites and talking about the services.
Dan Marcus, Director of the Community Development Program, said that before getting into the specifics
he wanted to discuss the need, Chula Vista's housing element and the recently approved comprehensive
housing affordability strategy estimated the number of the homeless people in the area to be 350 to 500 of
which 60% of them were families. Other indicators collaborate the areas lack of housing for the homeless,
including the growing number of southbay residents seeking shelter in San Diego, the overwhelming demand
for interfaith shelter network beds and the impending mobilehome park closures. The City had recognized
the need for additional homeless housing by making the development of transitional housing a top priority
in the City's CHAS passed by Council last month. The specific project that they were looking at was at 1731
Fourth Street, Chula Vista. It was a 26 unit apartment complex easily accessible to transportation end public
services on a bus line, across the street from Eucalyptus Park and the Southbay YMCA and within one mile
of schools, the trolley, City Hall and shopping and employment centers. The f'mancing for the project would
come from various sources. A number of organizations had already committed support to the project. LISC,
the Local Initiative Support Corporation, had awarded Southbay Community Services a $10,000
predevelopment loan. Many banks, including Security Pacific Bank, Bank of America and Wells Fargo Bank,
had granted up to $35,000 of predevelopment funds for the project and the San Diego Communit~
Foundation had granted the agency $20,000 to work on that and similar affordable housing projects.
Additionally, they would be applying to HUD for up to 50% of the project fmancing for the transitional
housing and support applications to the State of California Rental Housing Rehab Program for approximately
35% of the cost of units which would be affordable to very low income families. Further project fmancing
would come from a private loan consortium called SAMCO at an interest rate of 6% to 7% through the
federal Home Loan Banks affordable housing program. City dollars would be needed to leverage those
Minutes
May 5, 1992
Page 14
outside funding sources. Possible City funds to be used were the low and moderate housing set aside,
Redevelopmerit Fund and funds called HOME, which were new federal funds being channeled through the
City in a similar fashion to the CDBG funds. The projected total cost to the City equaled $750,000 of an
estimated $2 million project cost. The project was approximately $80,000 and they were looking to the City
for approximately $27,000 of that.
Councilman Rindone asked how many potential units they were talking about at $80,000 per unit.
Mr. Marcus answered 26 units that would serve approximately 100 people.
Councilman Rindone asked why the selection was in the west side of Chula Vista.
Mr. Marcus answered that they had actually looked at a number of different sites. One of the siting criteria
which they were given by staff was not to place the project in certain areas of town, specifically the
Montgomery area.
Mayor Nader asked if staff directed them not to look in the eastern portion of the town.
Ms. Lembo answered that staff did not. She said most of the services they would be providing to the people
that would live in these units were located on the west side. Most of the people who would live in those
units would not have access to private transportation. They looked on the west side because of the access
to services and for people to be able to get to those services.
Councilman Malcolm said that what he understood the program to be was that they would be focusing on
families that were working, that had a job and had been properly screened. There would be rules and
regulations and proper screening on the project that the City should be shown. He believed that ff every
community would pitch in and help a little no one community would be over burdened. There were a lot
of good people that find themselves in a homeless position not by their own making. He wanted to support
the idea in concept,
MS (Malcolm/Nader) to encourage Southbay CommmlIlity Services to continue on with their proposal for a
transitional housing program in Chula Vista.
Councilman Moore asked if there had been a liaison with City staff.
Chris Salomone, Director of Community Development, responded that the City had been involved in the
investigation from the beginning and they were aware of the site. They worked with the applicants to
analyze the project and felt it was premature to come to Council, but staff appreciated their direction. He
said staff would have come to Council in due time.
Ms. Lembo stated that they did not need approval from Council on the site specific at that time. What they
need from Council at that time was whether or not Council was totally opposed to transitional housing or
a very low income housing project within the City of Chula Vista, whether it be the east side or the west
side. She did not need the motion to be site specific, just the concept of a transitional and very low income
rental housing.
VOTE ON MOTION: approved 3-1-1 with Councilman Kindone opposed and Councilwoman Grasse~ Horron
absent.
Minutes
May 5, 1992
Page 15
ADJO~
The City Council recessed at 6:23 p.m. and met in closed session at 6:25 p.m. Closed session recessed at
7:05 p.m. The Joint Meeting of the City Council/Redevelopment Agency recessed at 9:16 p.m. met in closed
session at 9:18 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Southland Paving vs. City of
Chula Vista
ADJOURNMENTAT 9:23 p.m. to the Regular City Council Meeting on May 12, 1992 at 6:00 p.m. in the City
Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 8:48 p.m. and adjourned at 9:23
p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: '
Carla etary