HomeMy WebLinkAboutcc min 1993/03/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY' OF CHULA VISTA
Tuesday, March 2, 1993 Council Chambers
4:07 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Harton (anived at 4:32 p.m.), Moore, Rindone, and
Mayor Nader.
ABSENT: None
ALSO PRESENT: John D. Goss, City Manager; Sid Morris, Assistant City Manager; Brace
Boogaard, City Attorney; and Beverly A. Authelet, City Clerk.
2. pl .EDGE OF AI J .F. GIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTF~: None submitted.
4. SPECIAL ORDERS OF THE DAY: Proclaiming 1993 as Senior Center Year in the City - The
proclamation declaring 1993 as Senior Center Year was presented by Mayor Pro Tern Rindone to Erna
Lenihan.
CONSENT CALENDAR
(Items pulled: Sa, 5b, 6, and 1 O)
BALANCE OF THE CONSENT CALENDAR OP'I~FA1ED BY MAYOR NAt)EIL reading of the text was waived,
passed, and approved unanimously.
S. WRh tEl~l COMMUNICATIONS:
a. Letter requesting funding of a traffic light on Otay Lakes Road at the Gotham Street comer -Marflee
Castenhalz McKelvey, 161S Gotham Street, Chula Vista, CA 91913. It is recommended that Ms. McKelvey
be advised by staff of the status of the proposed signal and that staff will recommend a signal be installed
at either Gotham or Elmburst after a decision has been made on the transit center. Pulled from the Consent
Tom Davis, 16S7 Gotham Street, 91913, asked Council if they could separate the traffic signal issue at
Gotham and Otay Lakes Road from the transit center.
Mayor Nader asked staff to respond to Mr. Davis' concerns that there should not be a link between the traffic
signal and the transit center. If staff still believed that the two should be tied together, how long would it
take?
Mr. Lippitt responded that staff still thinks there is a connection, although the college Board of Directors had
made the decision that the only place they want to look for the transit facility is near the new library. In
that case, we would still be putting the signal either at Gotham or Elmhurst; Gotham would be the preferred
location. Staff is not excited about this option because of costs. He felt it would probably take another
three to four months before all the information is in, and the Council and School Board could come to a
consensus.
MINLrrES
March 2, 1993
Page 2
Mr. Goss stated that this is speculation at this point. He did not feel that staff could give a firm date. The
cost of the facility will be higher. Another factor is that the service to clients which are not college students
is worse at this new location. When there were a number of alternatives identified, this location was twelfth
out of twelve.
Mr. Lippitt stated that there were two locations that the neighbors and staff had looked at earlier. One at
the eastern end of the parking lot in the center; the second one would expand the existing bus stop by the
administration office. On both of those alternatives, there was going to be a signal at Gotham. With this
alternative, there most likely will be a signal at Gotham.
Mayor Nader asked if there was any alternative that appeared to have a chance of being approved by all the
agencies which would not result in a signal at Gotham. Mr. Lippitt responded that the only one that would
not have a signal at Gotham was the original one which was the one in front, but the Council and college
did not like it.
Councilman Rindone stated that there was another critical issue which staff had to deal with. It was
possible that all efforts of the transit center might be abandoned and only an extension of the bus stop with
an increase in the number of buses which would be available there would be accomplished. It might be five
or ten years before this is readdressed. He had a concern that if this should happen that the signal would
be designed in such a way that we would not have to redesign it or do a major reconstruction for that signal.
MSUC Olindonefl~lader) to refer to staff with the direction to look at placing the signal at Gotham and Otay
I~kes Road with the caveat that it be designed as such that/f the alternative was the extension of the
current bus stop there would not need to be any additional work, thereby having accomplished both things
on an interim basis.
Mr. Rindone stated the purpose of the motion was to show we would be placing the signal there just as soon
as it is reasonable to get it designed and funded. This will be our next priority which addresses the
community that has been concerned about traffic issues there, and yet it does not hold it up because of the
transit center.
b. Petition protesting auto repair shop at 363 'E' S~eet - Martin Torres, 178 Glover, Chula Vista, CA
91910-2515, and Heinz Hemken, 183 Glover, Chula Vista, CA 91910-2515. It is recommended that staff
meet with the residents and return to Council with a recommendation. Pulled from the Consent Calendar.
Mayor Nader stated that staff recommended Council should refer this back to staff to meet with Mr. Torres.
His concern was that this was not the first time Council has heard about this issue. He asked if staff had
a time line for conducting meetings with the neighborhood and getting a report back. Mr. Leiter stated staff
could report back to the Council within thirty days, and they could meet with Mr. Tortes and the neighbors
prior to that.
· Heinz Hemken, 183 Glover Avenue, 91910, stated they had presented a request to close the entrance
on the alley to the property of 363 E Street where the automobile repair shop operates. The situation has
become very bad because of parking. This property does not have enough spaces to support three
businesses, two of which deal with automobiles.
Mayor Nader stated he knew this has been going on for a long time, but asked if another thirty days seem
unreasonable to him. Mr. Hemken responded it would be okay.
· Martin Torres, 178 Gtover Avenue, 91910, stated he had called parking control because he could
not park in front of his own house. They came out, but ticketed everyone including the homeowners. He
stated the parking problem was serious.
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March 2, 1993
Page 3
MSUC (Nader/Fox) to rder to stuff to meet with the neighbors, business owners, and all interested pardes.
When item comes back to Council in tkiny days, address concerns relating to h37~rdous waste, if anr, and
provide information concerning prior Council actions.
Mayor Nader stated that any legal violation enforcement should not be delayed pending staff coming back
to Council; all legal violations should be dealt with at the time.
6. ORDINANCE 2541 AMENDING SECTIONS 12.24.020, 12.24.030, 122,4.040 AND 12.24.070
RELATING TO DEDICATION AND INSTAIJATION OF pUBlIC IMPROVEMENTS (second reading and
adoption) - Council requested that staff review Municipal Code Section 12.24,040 which provides the City
the ability to require sweet dedications and public improvements associated with building penits valued
at $10,000 or more. The review was to provide a recommendation for resetting the amount and
consideration of other factors. In addition, policy needs to be set regarding the limits of development on
private property before triggering the requirement to install or alter public improvements in the adjoining
tight-of-way. Several years ago, Council accepted a staff report which included a recommendation that an
ordinance be brought back for adoption amending Municipal Code Section 12.24,070 to abolish the
acceptance of surety bonds and accepting only cash bonds or liens as security for deferrals. It has been
discovered that the code change was never completed. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Public Works) Pulled from the Consent Calendar.
Mayor Nader stated that he had one basic concern to raise from $10,000 to $20,000 the level of the building
permit that would trigger any of these requirements. There was language in the ordinance and resolution
which would add a requirement in all permits of $20,000 or more for the property owner to waive their right
to protest the subsequent formation of an assessment district improvements. He had a problem with this
if the building permit was not related to an improvement which triggered the need for the public
improvements that the subsequent assessment district would be formed for.
ORDINANCE 2541 WAS OFI,'F. RED BY MAYOR NADER, reading of the text was waive&
Councilman Fox asked if, under this ordinance, garage conversions would fall into the category of additional
square footage? City Engineer Swanson responded yes, it would fall under additional square footage as well
as additional bedrooms.
Councilman Moore stated that during the last eight years, we have not allowed garage conversions.
VOTE ON MOTION: approved unnnlmously.
M (Nader) to refer the matler back to staff to come back with an amendment which would ddete the
requirement that a property owner waive his/her right to protest a subsequent assessment district in
situations where the building permit did not authorize any additional dwelling space and where there was
no nexus betwean between the improvement being made by the properly owner and the need for any
additional public facilities. Motion died for lack of a second.
7. ORDINANCE 2542 ADDING SECTIONS 19.04.107 AND 19.58.178 TO, AND AMENDING
SECTIONS 19.14.070, 19.42.040, 19.44.040 AND 19.46.040 OF, THE MUNICIPAL CODE TO ESTABlISH
DEFINITIONS, REQUIREMENTS AND PROC~-r~URES FOR THE REVIEW AND APPROVAL OF CONDITIONAL
USE PERMITS FOR HAZARDOUS WAb-fli FACIlITIES (second readin~r and adoption) - Pursuant to State law
AB-2948 (Tanner, 1986), the City is required to adopt local provisions to implement the approved County
of San Diego Hazardous Waste Management Plan (COHWMP). The proposed amendments establish the
necessary provisions for the management of hazardous waste and the siting and permitting of hazardous
waste facilities within the City, consistent with the COHWMP and State law. Staff recommends Council
place the ordinance on second reading and adoption. (Director of Planning)
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March 2, 1993
Page 4
8. ORDINANCE2543 AMEaNDING SECTIONS 2.36.010 AND 2.36.030 OF THE MUNICIpAL CODE
R~IATING TO THE ADVISORY DUTIES OF THE HUMAN RELATIONS COMMISSION (second reading and
adoption) - In April 1992, the South Coast Organization Operating Transit (SCOOT) Board directed staff to
investigate the ramifications of dissolving SCOOT. Both City and County Transit staffs find no negative
impacts to either the City or County if SCOOT were dissolved. One result of dissolution would terminate
the SCOOT Senior and Disabled Transportation Advisory Committee. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Public Works)
9. ORDINANCE2544 AMENDINGSCHEDULEX, SECTION10.48.050 OF THE MUNICIpAL CODE,
DECREASING STATE LAW MAXIMUM SpI~I~I~ LIMITS IN CERTAIN AREAS, MAIN ~rlI~ET/OTAY VAIJa~:Y'
ROAD FROM I-5 TO 1-805 (first reading) - In order to minimize traffic hazards and congestion and promote
public safety, speed prohibitions on these streets should be authorized by ordinance. A review of ttial traffic
regulations initiated by the City Engineer under the authority of the Municipal Code show that these
regulations are operating effectively and should be made permanent. Staff recommends Council place the
ordinance on first reading. (Director of Public Works)
10. RESOLUTION 17007 APPROPRIATING ADDITIONAL FUNDS FROM THE UNAPpROpRI/Kt~ p.A. RK
AND ACQUISITION DEVELOPMENT FUNDS (PAD) FOR THE DESIGN CONSTRUCTION DOCUMENTS AND
RELATED SERVIcI~_~ FOR GREG ROGERS PHASE I IMPROVEMF. NT PROJECT, APPROVING AN AGll I~.I~.MENT
WITH VAN DYKE AND ASSOCIATES FOR DESIGN DEVELOPMENT, CON:>riKUCTION DEVELOPMENT AND
RELATED SERVICES FOR GREG ROGERS PARK~ AND AUTHORIZING THE MAYOR TO F. XECUTE SAME -
The Greg Rogers Master Plan was approved by Council on 4/16/91. A landscape consultant is required to
prepare design and construction documents and other related services for the project. There are insufficient
funds in the appropriated Capital Improvement Project to complete the necessary services for the Phase I
improvement of the Greg Rogers Master Plan. Staff recommends approval of the resolution. (Director of
Parks and Recreation) 4/Sth's vote required. Pulled f~'om the Consent Calendar.
Councilman Fox stated he had some procedural questions since this was the (fist time he had seen this since
he had been on Council where we went out for solicitation for RFPs and awarding the RFP to Van Dyke and
Assoc where their bid came in at $52,700 and the ultimate cost was $66,000 because of changes that were
made which staff agreed with. Wasn't there normally a requirement that we go out for additional RFP's?
Parks and Recreationa Director, Jess Valenzuela, responded that staff considered going out, but decided that
the consultant could handle it. After consulting with the City Attorney, staff decided to expand the scope
of services.
City Attorney Boogaard stated that it might have been a mandatory item ff it had been a public works
project, but here we are just soliciting and advertising for design services in which we have more latitude.
He felt it was appropriate to negotiate design-type services and expand the scope of work during those
negotiations without having to go out and solicit for another consultant.
Councilman Rindone expressed he was very uncomfortable with that practice just from the ethical and
procedural basis that when a potential bidder is examined and especially when he is not the low bidder by
25% that staff would be doing other add-ons. City Manager, John Goss, responded that being the low bidder
was subject to interpretation in the sense that we actually got proposals as to how much it would cost. The
items which are add-ons are basically routine things that would be pretty much the same cost for any of the
ones that would have been included in making the proposals even though it would have been better if they
were included in the proposals in the (fist place. But, you have to temper this with the fact that the Little
League is very concerned about the condition of their fields, and there is a desire to u-y to move ahead and
correct those conditions.
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March 2, 1993
Page 5
Councilman Fox stated he had problems in changing the rules of the RFP after people have gone through
the process of putting a proposal together and then we change it and award it to someone who wasn't the
lowest bidder. He wanted to know what liabilities or problems we might encounter as a result of the change
of the rules. City Attorney Boogaard responded that it has been the practice in all cities to distinguish
between a Request for Proposal and the public works bidding process. In a RFP, you are asking for expertise
and qualifications. You are basically saying to the industry this is what we think we need, but give us your
proposal. After that proposal is submitted, they are basically sending in resumes of their qualifications and
an idea of how to achieve what we think we need. It is completely within the understanding of all par~ies
participating in the process that the team can be subjected to further negotiations with the city saying we
need to modify this to cover these other things. This is different from the public bidding process where we
tigh~y draw the bid specifications. This is not subject to further negotiations.
Councilman Fox stated that it seemed like there were things which came up after the proposal was made
which seemed was material to the request -- things like reimbursable expenses for copying, doing a title
report to f'md any easements, etc. They should have been part of the proposal.
Councilwoman Horton asked staff how they came up with the five people on the list. Assistant Parks and
Recreation Director, Jerry Foncerrada, responded that we had a committee of representatives from Building
and Housing, Engineering, Parks and Recreation, and Planning Deparunents who short-listed the seventeen
candidates down to five. The five were invited in to make a presentation and to sell the committee as to
which one would be the best one to work with. Based on the rating criteria they had, that is how the
ranking came out with the five fn-rns.
Councilwoman Horton stated she had called several different landscape architectural fLrms because she had
some questions regarding the contract with Van Dyke and other things. Part of the criteria was based on
qualifications, presentation, knowledge of the project, design approach, and fee proposals. The number two
firm came in as the lowest bidder, but because there are some other concerns that are expressed in the staff
report, staff decided the number one firm should be chosen based on concerns over and above the price.
Mr. Valenzuela stated that was correct, but they did take into consideration past performance by both of the
potential consultants, and they took into consideration how the price had escalated in one given project
beyond what staff felt was reasonable.
Councilwoman Horton stated that she was not arguing this point. She investigated this firm also and would
agree with staff and not hire them. However, in talking to one of the fLrrns, a finn in which she placed in
high regard, they mentioned they had bid on this project. She found out his bid was $45,700. This was
a landscape architectural finn who had an excellent reputation in the industry and who has won several
awards in our city for past projects such as Discovery, Sunridge, and Scoby Parks. Based on staffs ctiteria,
we were picking a finn at $52,700 when we have a reputable funn that we could have hired at $45,700.
She wondered how many other firms were in the same situation. Mr. Valenzuela responded that he could
provide Council with the criteria that was used to select the consultants for the short list. He was not aware
of the consultants who did not make the short list. Last year, the Mini-Brooks Act which is a state law
requires cities, counties, and other jurisdictions to select landscape architects or design consultants based
upon skill, expertise, history, proven track records, etc.
Councilwoman Horton stated that everything he named, this company has. In the industry, it is rated very
high. You knew when you picked the number two firm at $39,700 that they already had this reputation
within the city. So they shouldn't have even been on the list.
Mayor Nader asked if the Parks & Recreation Director was on the Selection Committee. He responded that
he was not.
MINUTES
March 2, 1993
Page 6
)
Mr. Goss suggested that this be referred back to staff to take a look how the Committee went from the
seventeen firms to the list of five f'Lrms to not include the firm which Councilwoman Horton pointed out.
There must have been some part of the process which objectively screened them to the five. It was a valid
question which needed to be answered.
MS (Nader/Fox) to refer to staff to develop a repoff to be brought back to Council to include the following:.
who all responded to the RFP, what were their bids, what was the criteria for narrowing it down to the five
who were presented in the staff report. Also include information as to who was on the Cornrnitree and any
other rdevant information as to the deh'berations of the Committee which might be hdpful to Council in
evaluating the recornmp~dation that was brought forth, or the process used for determining that
recommendation. Authorize, but not require, the City Manager, if information is developed which makes
such move appropriate, to list this as a Closed Session item for review of personnd. ff not, then it is to be
put on as a public itpm
Councilman Moore felt that if Council was going to start questioning staffs decisions when there was
representation from three to five different departments, it might be worth while for individual council
members to sit in on one of these processes.
Councilman Rindone stated that staff had indicated there was specific criteria in the selection made by the
composition of five members from five different depamments, and asked if that criteria had a weighted
factor? Mr. Foncerrada responded that they had weighted factors.
Mayor Nader stated that in the report coming back to Council that a description given of the weight given
to various factors and how that played out in the process should be included.
MOTION CARRIED UNANIMOUSLY 5-0.
11. RESOLUTION 17008 GRANTING AN OPEN SPACE ENCROACHMENT TO ALLOW
SUPPLEMENTAL LANDSCAPING IN OPEN SPACE LOT B OF OPEN SPACE DlSrRICT 20, RANCHO DEL REY
SPA I, PHASE 2 - California Pacific Homes of San Diego (formerly Bren) is requesting that the City allow
the installation of supplemental landscaping along the south side of Ridgeback Road, opposite Bonita Vista
Middle School. Staff recommends approval of the resolution. (Director of Parks and Recreation)
12. RESOLUTION 17009 APPROVING AN AGII~RMF, NT WITH THE SOUTH BAY BRANCIi OF THE
YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) FOR THE LF, ASE OF CERTAIN PROPERTY IN
EUCALYPTUS PARK - The City and the South Bay branch of the YMCA had a five-year agreement for the
properly at 50 Fourth Avenue which expired on 5/13/91. The City and YMCA have been operating under
a lease on a year-to-year basis. Staff has renegotiared a five-year lease with the YMCA. Staff recommends
approval of the resolution. (Director of Parks and Recreation)
13. RESOLUTION 17010 AUTHORIZING PAYMEgF TO THE METROPOLITAN TRANSIT
DEVELOP~ BOARD (MTDB) FOR THE INITIAL uiY SHARE OF THE COST OF TIIE MAIN b-iKEET
UNDERPASS PROJECT - The payment of $330,000 to MTDB is an initial share of bridge construction and
street improvement costs for Main Street east of Industrial Boulevard. Staff recommends approval of the
resolution. (Director of Public Works)
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March 2, 1993
Page 7
14. RESOLUTION 17011 SUPPORTING THE SAN DIEGO ASSOCIATION OF GO~
(SANDAG) IN THE SUBMFFFAL OF AN APPLICATION FOR GRANT FUNDS UNDER THE PROPOSITION 116
CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT, BICYCLE PROGRAM - The Clean Air and
Transportation Improvement Act (CATIA) makes available $20 million state-wide to fund a five-year program
of competitive grants to local agencies for capital outlay for bicycle improvement projects which improve
safety and convenience for bicycle commuters. On 11/20/92, SANDAG submitted an application for
Proposition 116 Bicycle Funds totalling $750,000 for a portion of the Bay Route Bikeway known as the
Sweetwater River crossing. The CATIA requires that a local public agency adopt a resolution approving the
submittal. In accordance with said requirements, SANDAG has requested that the City support the subject
application. Staff recommends approval of the resolution. (Director of Public Works)
15.A. RESOLUTION 17012 REVISINGTENTATIVEMAPCONDITIONOFAPPROVALEOFCI-FOLAVISTA
TRACT 92-05 AND CONDITION OF APPROVAL 1.1 OF ChqJLA VISTA TRACT 93-01 (RESOLUTION 16900) -
On 11/11/92, by Resolution 16900, Council approved the Tentative Subdivision Maps for Tracts 92-05 and
93-01, Rancho del Rey Commercial Center west and east, respectively. The f'mal maps and associated
agreements for both subdivisions are now before Council for approval. Staff recommP_nds Council continue
the item to 3/9/93. (Director of Public Works)
B. RESOLUTION 17013 APPROVING THE FINAL MAP AND SUBDM SION LMPROVEMENT
AGB RRMF2~ AND AUTHORIZING THE MAYOR TO SIGN THE MAP AND EXECUTE SAID AGREEMFANT FOR
TRACT 92-05, RANCHO DEL REY COMMERCIAL CENTER WEST
C. RESOLUTION 17014 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN THE MAP AND EXECUTE SAID AGRRRMENT FOR
TRACT 93-01, RANClIO DEL REY COMMERCIAL CENTER EAST
D. RESOLUTION 17015 APPROVING SUPPLEMENTAL SUBD~SION IMPROVEMENT AGREElVENTS
TO SATISFY CONDITIONS OF APPROVAL M, N, O AND P OF TRACT 92-05 AND CONDITIONS OF
APPROVAL S, T, U AND V OF TRACT 93-01 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
E. RESOLUTION 17016 AUTHORIZING THE MAYOR TO EXECUTE DRRDS QUITCLAIMING ANY
-I-I-I'LE I~ IN PROPERTIES TO BE OWNED BY THE OTHER PARTIES SIGNING THE MAPS AFI-/~R
RECORDATION OF SAID MAPS
16. RESOLUTION 17017 ALrFHORIZINGTEMPORARY(IX)SUREATMOSSb-rREETCROSSINGFOR
THE METROPOLITAN TRANSIT DEVELOPMP. NT BOARD (MTDB) SOUTH LINE GRADE CROSSING
IMPROVEMENT - The MTDB has issued a change order to add the Moss Street crossing to the "South Line
Grade Crossing Improvement Project, LRT-299." National Projects, Inc. has requested two temporary
weekend closures to complete the necessary work with minimal delays to motorists. Staff recommends
approval of the resolution. (Director of Public Works)
17. RESOLUTION 17018 APPROVING A SEWER SERVICE AND STORM DRAIN CHARGE REFUND
FOR THE RANCHO BONITA MOBILE HOME PARK FOR FISCAL YEAR (FY) 1991-92; AND APPROPRIATING
AN ADDITIONAL $16,633.10 INTO FUND 223, THE MONTGOMERY SEWER SERVICE ~ FUND AND
$5,810.65 INTO FUND 227, THE STORM DRAIN REVENUE FUND - In FY 1991-92, the Rancho Bonita
Mobile Home Park, located at 600 Artira Street, was incorrectly billed for sewer service and storm drain
charges on the tax bills for parcels 622-041-19-00 and 622-091-24-00. They paid the full amounts and are
MINUTES
March 2, 1993
Page 8
entitled to a refund of $17,710.52 for the overpayment. Staff recommends approval of the resolution.
(Director of Public Works) 4/5th's vote required.
18. REPORT tXIYINITIATIONOFAGENERALPLANAMENDMENTANDREZONETORESOLVE
GENERAL PLAN AND ZONING INCONSISI'F~CY FOR A PORTION OF SPECIAL STUDY AREA B-4, WEST OF
FIFTH AVENUE, FAST OF BROADWAY, ALONG BOTH SIDES OF PARK WAY AND "G" STREET - Alex
Galchenko, representing property at 570-576 Park Way, has requested initiation of a General Plan
Amendment to resolve an inconsistency between the General Plan and zoning for the subject property. Mr,
Galchenko's property is located amidst a larger area of such inconsistency, located between Fifth Avenue and
Broadway along both sides of Park Way and "G" Street. Staff recommends Council direct the Planning
Department to initiate a General Plan Amendment and fezone for the area indicated. (Director of
Planning)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RRIATED RESOLUTIONS AND ORDINANCF_¢
19. PUBLIC HFARING PCM-93-07: RECONSIDERATION OF PROPOSAL TO CHANGE THE NAME
OF OTAY LAKES ROAD BETWEEN TR.I.RGP, APH CANYON ROAD AND ~ ROAD TO TRI.RGRAPH
CANYON ROAD - tl-lY INrrIATED - On 1/12/93, Council approved changing the name of Otay Lakes Road
between Telegraph Canyon Road and Wueste Road to Telegraph Canyon Road. It was later determined that
the residents of Otay Lakes Lodge Mobile Home Park had not been notified. The Council, therefore, directed
that the matter be noticed and reconsidered. Staff recommends Council approve the resolution to become
effective on 9/1/93 and direct staff to continue to work with the County to have the name changed in the
unincorporated area east of Wueste Road. (Director of Planning)
RESOLUTION 17019 CHANGING THE NAME OF OTAY LAKES ROAD TO TRLRGRAPH CANYON
ROAD BETWEEN TRLRGRAPH CANYON ROAD AND WUESTE ROAD
This being the time and place as advertised, the public hearing was declared open. Addressing Council in
opposition to the renaming of Otay Lakes Road were:
· Mike Sweeney, Jr., 1925 Otay Lakes Road, Space 36. (His letter is on file in the Clerk's Office).
· James R. Quinn, 1925 Otay Lakes Road, Space 34, President of the Golden State Mobilehome group
in the Park. He stated that he represented 119 residents, and ninety percent of the residents were opposed
to this.
· Janet Squires, 1925 Otay Lakes Road, Space 93. She stated she represented 196 families in the Otay
Lakes Lodge. These residents are strongly opposed to the name change. Many of them are seniors and will
need assistance in dealing with the numerous changes to the various legal documents.
· A letter had been received prior to the meeting from Frederick Dufresne, 1925 Otay Lakes Road,
Space 102.
There being no further public testimony, the public hearing was declared closed.
* * * (Councilwoman Horton arrived) * * *
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March 2, 1993
Page 9
Councilman Moore stated he was the one who made the motion to consider the name change. When
looking at this area, he looked at one address, 1925 Otay Lakes Road, rather than 196 homes. He felt the
name change would help those coming to the Olympic Training Center and to the new hospital. If the name
was to be changed, it should be done early before these organizations spent a lot of money on their
brochures and advertising. He felt if Council wanted to approve the name change, then the effective date
could be extended whereby the post office would accept either address until January 1, 1995.
Councilman Rindone felt the name should be changed to East L SWeet all the way. If we are going to be
one city, then we should make this East L. Then there would be continuity throughout the city.
MS Olindone/Hot'ton) to return this to smff to look at naming the entire section 'L" SireeL
SUBb'I'I'IUTE MOTION: MS OVloore/Nader) to file the item.
Councilwoman Horton stated that if we want to make a change, it should be down now. She would not vote
for the substitute motion.
Mayor Nader stated that no one outside the government has come to state there was a problem. If and
when a time should come when that happened, then he supported getting more information.
SUB~'II'IUTE MOTION WAS APPROVE/) 3-2 (Rindone and Hotton opposed).
ORAL COMMUNICATIONS
· Jean Weissman, 296 Dolphin Cove, Del Mar, 92014, representing the Local Government Commission.
This was a membership organization which included about 400 local governments and elected officials in
California. Currently, they are acting as a consultant to the San Diego Air Quality Control District. Their
project is to develop a program to control indirect sources of air pollution in San Diego County. Out of this
may come a rule that will affect Chula Vista along with the other cities. Her purpose was to alert the
Council that this is coming and to ask for Council's active participation in the planning process. This project
is mandated by the California Clean Air Act which authorizes local air control districts to require sources
of pollution to obtain air quality permits. She stated that they did not want to impose a solution upon the
cities in this county without their input. She hoped the Council would attend the four regional workshops
which will be held in San Diego County within the next several months. Council w~l be receiving a letter
with the times and places.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
20. RESOLUTION 17020 CONCEPTUALLY APPROVING THE FUNDING NOT TO EXf~-RD $700,000
TO SOUTHBAY COMMUNITY SERVICP-~ FOR ACQUISITION AND FIRST-YEAR OPERATION COSTS OF A
FOURTEEN UNIT APARTMENT BUILDING AT 31 FOURTH AVENUE TO BE USED AS A SHORT TERM
HOUSING FACII.ITY - South Bay Community Services (SBCS) is interested in acquiring a 14-unit apartment
complex to develop a short-term housing facility to serve homeless families in the South Bay. The site is
adjacent ro the transitional housing project which will enable both projects to be managed together. It is
also close to National City, which has been contacted to financially participate in the project. SBCS is
MINLrFES
March 2, 1993
Page 10
submitting grants for county, state, and federal funds and needs conditional site approval. Staffrecornmerlds
Council continue the item. (Director of Community Development)
MSUC (Rindone/Moore) to continue the item to March 9, 1993.
Councilman Rindone stated that when the original apartment complex was submitted to Council, it was
alleged that this was not a project for the homeless. It was a project that would provide transitional
housing. Chula Vista needs to do something about the homeless, but this is a regional issue and should be
dealt with regionally. He requested that we don't just jump in because it appears the project is changing.
One city working alone cannot resolve this problem. He wanted to know what SANDAG was doing and
wanted a very thorough analysis when this comes back.
Councilman Fox stated that he shared Mr. Rindone's concern that this is a regional issue. He spoke with
Ms. Lembo regarding this, she stated there were going to be provisions in the program to assure that the
families taking advantage of this program are going to be from the South Bay. When the proposal comes
back, he wanted staff to make sure that we are senring a population that is coming from our area.
Counc~man Moore stated that the original policy of SANDAG was a fair share of low and moderate housing.
Some cities do not participate in the low and very low income. He felt the staff should bring back as part
of the report the statistics for low, very low, transitional, and homeless in the eighteen cities in the County.
This would give the Council some background on the fair share.
Mayor Nader expressed that SANDAG was exacerbating the situation by supporting a moratorium on the
development of affordable housing on the Otay Mesa for the purpose of further studying an airport to be
built by the Partner who has already rejected the idea. Counc~man Moore responded that it was not
SANDAG but City of San Diego. Mayor Nader stated that it was not the SANDAG Board, but SANDAG staff.
From the contacts he has had with the South Bay Community Services, they are seeking regional
contributions to this project and that it is designed to serve primarily South Bay families.
21,A. RESOLUTION 17021 FINDING A SHORTAGE OF SAFE AND SANITARY DWn.IJNG
ACCOMMODATIONS AVAILABLE TO PERSONS OF LOW INCOME AT RENT LEVR. I,q THEY CAN AFFORD,
DECLARING THE NEED FOR A CHULA VISTA HOUSING AUTHORITY TO FUNCTION, DETERMINING THE
POWERS AND DUTIES OF THE HOUSING AUTHORFrY, AND DECLARING THE Lt-IY COUNCIL TO BE THE
COMMIS~ONERS OF THE HOUSING AUTHORITY -In order to gain further insight into the formation of a
Housing Authority, staff has been in contact with representatives of the County Housing Authority, other
city housing authorities, and the Federal Department of Housing and Urban Development (HUD). Staffs
review and analysis indicates that procedurally, the City must tirst form a housing authority and designate
officers and staff to serve the authority by resolution under Section 34200 of the Government Code. Staff
recommends approval of the resolutions. (Director of Community Development)
B. RESOLUTION 17022 DESIGNATING OFFICERS AND STAFF TO SERVE THE CHULA VISTA
HOUSING AUTHORITY
Councilman Moore asked ff we voted on this tonight, are we saying that we will not take any official
increased cost, increase staff, increase office spaces until it comes back to Council in two years when we are
ready to be self supporting? Community Development Director, Chris Salomone, responded that ir would
be inaccurate to say that there would not be some cost. Existing staff would be coordinating activities,
County Housing Authority would be operating the p. rogram until we have gotten an allocation from the
federal government of enough units ro be self supporting. There will be minor costs, such as administrative,
but they will be easily absorbed by existing staff.
Councilman Moore stated he had concern with the cost. Have we asked the County to allocate any units?
Mr. Salomone stated those discussions have taken place, but they would not suppor~ that. They do nor want
to lose the staff and the fees.
MINUTES
March 2, 1993
Page 11
Councilman Moore asked if that meant they will have to lay someone off if we collect the next two hundred
units under our jurisdiction? Mr. Salomone responded that that will not happen. This is the advantage of
this. As it grows, their existing staff keeps their fee.
Councilman Fox asked if the administrative fee of 8.2 percent of the monthly subsidies was when it reached
200. Then what would be the fee before it reached 200? Housing Coordinator, Juan Arroyo, responded that
any new certificate which the city acquired over time, everyone can charge 8.2 percent of the monthly rent.
This could be used to cover administrative cost. That fee becomes available to the City upon any new
certificate.
Councilman Fox stated that if the County was administering the certificates until the City reached the 200
point, who would get the 8.2 percent? Councilman Moore responded that they use the 8.2%. When we say
we are going to take over, then they cease and we step in.
Councilman Fox asked what other specific duties will the Commission have other than the administrative
ones listed in the staff report. Mr. Salomone responded that the grievance hearings will be conducted by
staff; the Council or Commission will not have to get involved in those. The Housing Authority Committee
would be the last court of decision on appeals.
Councilman Moore asked how many cities had housing authorities where the elected officials were the
Authority? Mr. Arroyo stated that most cities do not have Housing Authorities. Only Carlsbad, Oceanside,
and National City have their own Authority whereby the Council is the Authority.
Mr. Salomone stated that the Authority will not have the workload that the Redevelopment Agency does.
The Authority would be involved in grant applications, approving contracts with HUD for administration of
the housing certificates, bond issues, etc.
Councilwoman Horton stated she was in support of the staffs recommendation. She felt that as a start up
situation this was the best route to take to get this program going. She was glad to see Chula Vista forming
its own Housing Authority. However, she would like to have staff come back with a Vision, Mission
Statement, and specific Goals. Also important would be to have staff come back on a regular basis, even
monthly, with a report letting Council know what has been transpiring -- for example, what has staff been
doing, what grants have been applied for, what type of funding has staff been able to get.
Councilman Rindone asked ff the County will still have jurisdiction in Chula Vista for the previous housing
units under them which would result in overlapping jurisdictions. Mr. Salomone stated this was correct.
Councilman Rindone asked if staff saw any problems with that? Mr. Salomone stated there could be
resultant confusion among the tenants. However, this is the format which has been followed by many cities
throughout the United States and is a typical process as a city grows away from the County jurisdiction on
housing. We will be creating a new constituency of housing tenants in the City who will come to us for all
kinds of housing needs. The County people who are on the County Section 8 program have been certified,
have been qualified, and assigned to a case worker at the County. They have a strong communication with
that person. It is not likely that those people who are on that program will come to the City. There will
be overlapping jurisdictions; there are a thousand Section 8 units in the City that are subsidized under the
County Housing Authority.
Councilman Rindone requested that staff, ff this is approved, contact other cities to see the extent of what
that problem would be. If it is a problem, how have they addressed it. He also asked, on a regional basis,
ffwe would be duplicating fixed costs? Is this a concern overall? There is a school of thought that the best
delivery system on a regional basis might ultimately be more cost effective. He would want to know the net
impact on that and ff it has been looked at. Mr. Salomone responded that if you look at Section 8
administration which is the HUD program, there are regional economies. One of the predominate reasons
for becoming an Housing Authority is to give us the chance to go after the money which is offered only to
Housing Authorities and to create projects and programs locally that are afforded by the federal government
and other agencies only to Housing Authorities.
MINUTES
March 2, 1993
Page 12
Mr. Goss felt that one of the things on regionalism has to do with the fact that it is better to eliminate all
the chiefs and have only one. We are creating a new housing authority director with all the management
and administrative hierarchy fitting in what we already have. There are no new positions being created in
that respect.
Councilman Kindone stated he did not want Council to contribute to the cost of government. He did not
want to create another layer of government. He was swayed when you can become proactive for our
community in getting grants in what is called 'soft money" to contribute it to general enti~ement and
funding of your programs.
Mayor Nader asked if seven members was the number which was required by state law for the Housing
Advisory Commission? City Attomey, Bruce Boogaard, responded that state law states you have to have
seven and because you have chosen a five member authority consisting of the City Council then you will
have to have a seven member Housing Advisory Committee. Two of them must be tenants and if there are
tenants who are 62 or older then one of members must be 62 or older.
Mayor Nader stated that the present Housing Advisory Committee is a seven member committee appointed
by the Mayor with Council ratification. There is currently one vacancy. He does not know if any of the
remaining six members are tenants who would fulfill one of the requirements for these two tenant seats
within State law. If that is the case, then by holding the current vacancy open, we could assure what people
are getting at.
Councilman Moore asked if we were talking about Section 8 only? What about the other housing units that
the County has been working with us such as the HUD family units on F Street, Melrose, and Dorothy? Do
they retain overseeing those? Mr. Salomone stated they will retain ownership of those projects. In the
future, we will be able to do those projects on our own without the County's assistance.
Councilman Moore asked if Section 8 was basically rental units and what happens when a number of them
move, relocate, or pass away? Mr. Salomone responded that they are rental subsidy. Those people have a
certificate in place until they no longer qualify for that certificate. They would be disqualified if their
income increased. This would be effective anywhere in the County. Mr. Arroyo stated that anyone who has
a certificate can move to any other jurisdiction. Upon moving to another jurisdiction, the original authority
maintains 20 percent of the fee. Likewise, Chula Vista could administer the certificate coming into the City,
then we would receive 80 percent of the fee.
Councilman Moore stated that staff has listed the sequence of actions on the staff report. The vote tonight
will accomplish the first one. Does that mean the other four will come back sometime in the next two
years? Mr. Salomone stated that actually the first two will take place tonight. On the next three, we will
come back as speedily as possible with the By-laws and other issues.
Mr. Rindone stated that when you come back, it will actually be the first meeting of the Housing Authority.
Mr. Salomone responded that was correct.
RESOLUTION 17021 and 17022, OP'FF_,RED BY COUNCILMAN RINDONE, reading of the text was waived,
passed, and appmved twanlmously.
MSUC (Horton/Rindone) for staff to come back on a monthly basis with a report and when they come hack
to the next meeting have the Vision, Mission Statement, and Goals.
Counc~man Moore stated that something might not take place for a year or so.
Councilwoman Horton responded not necessarily. Staff should, once they get the program going, be out
looking for grant funds or fmancing for the programs.
Councilman Moore stated he had a problem asking staff to do another job in a short time frame when they
don't have the staff to do well with now.
MINUTES
March 2, 1993
Page 13
Mr. Goss asked staff if there was any major workload implications or limitations based on what was being
requested by the motion? Mr. Salomone stated he did not. The Authority will be established tonight. The
other activities such as seeking funds and applying for grants are things we would normally due and assume
as part of our workload. Mr. Goss stated the additional workload would be the monthly report which should
probably be a rather simple routine thing to do.
Mayor Nader stated that although it will be two years before we accumulate the number of Section 8
subsidies that we would take those over, the situation has been that the City has on staff a full-time Housing
Coordinator and the creation of the Housing Authority puts some new tools in his arsenal to do his existing
job. The way he interprets the motion on the floor is a request from the Council, which constitutes itself
as the Housing Authority for the City, for at least a monthly report from existing staff on how it is going
about planning to make use of that new tool.
MOTION CARRIED UNANIMOUSLY.
ITEMS pUIJ Y. I~ FROM THE CONSENT CALENDAR
(NOTE: Pulled from the Consent Calendar were items number 5a, 5b, and 10. Although they were
discussed at this point, the minutes are transcribed to reflect the published agenda order).
OTHER BUSINESS
22. CI'IY MANAGER'S REPORT(S)
Mr. Goss stated that the Parks and Recreation Depax hnent had received two achievement awards. One was
an achievement award for the design of the Norman Park Senior Center. It has now been recognized by the
California Park and Recreation Society District Twelve. The other was an award for innovation programming
for Project Care which is a new parmership program for senior citizens and disabled living alone in Chula
Vista who need the assistance of community parmers.
23. MAYOR'S REPORT(S)
Mayor Nader stated that while he was in Irapuato, our sister city, he had a chance to meet with the new
Mayor to catch up on activities involving our sister city exchange program, specifically our summer student
social work exchange funded by the Kellogg Grant. He had an opportunity to be interviewed by local radio
and to express his opinion that the announced rejection of Twinports by the Federal Government in Mexico
was an example of how we can work together on border environmental issues.
Mayor Nader will be attending the National League of Cities meeting in Washington D,C. and will be absent
on March 9th.
The Council secretary polled the Council for potential meeting dates and times to interview Commission
applicants those being Growth Management and Montgomery Planning. Date and time selected was
Monday, March 22 at 6:00 p.m. in the Council Conference Room.
24. COUNCIL CO1VIIVIFJ~TS
Councilman Moore stated he had a special meeting today regarding a different way to attack graffiti at no
cost to the city except for their staffs time. He wi]] be asking for a letter to go out to the major companies
such as the City of Chula Vista and National City, utility companies, etc. to ask them to support the program.
A copy will be put on each of their desks.
MINUTES
March 2, 1993
Page 14
Councilman Rindone stated he was a member of a local service club. Today they heard the Music Machine
from Bonita Vista High School. They were outstanding. He suggested that they be invited to receive a
Proclamation recognizing what they have done, in particular, the fact that they have been selected as one
of the very few competing groups in a major competition next week. He would like to invite them to a four
o'clock meeting, open the meeting, then adjourn to outside so they would have room to do a performance
and have it video taped for television.
Mayor Nader suggested that staff contact the Music Machine to make arrangements to include them as part
of the program for the April meeting. He suggested that if the Agenda was heavy that they come before the
meeting and still have it included in the video tape for television.
Councilman Moore suggested that they sing the Chula Vista official song.
Councilman Fox, He had no comments.
Councilwoman Hortor~ She has been talking to some developers who had a problem with staff. Their
complaint was that they bring in a project and then mid-slweam a new staff person is assigned to the project.
At that point, the whole plan is changed. Sometimes the changes are legitimate, but many times these
changes cost the developer a lot of money and a lot of time. Ultimately, it is the homeowner or consumer
who pays for this. She would like staff to come back with a report as to how we can eliminate this problem.
ADJOURNMENT
The meeting adjourned at 7:45 p.m. to a Redevelopment Agency meeting. Following the Redevelopment
Agency meeting the Council adjourned to a Closed Session to discuss the following items:
Pending litigation pursuant to Government Code Section 54956.9 - Roller vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - EDCO Disposal Corp. vs. Laidlaw
Waste Systems, Inc., Sweetwater Union High School District, and the City of Chula Vista.
The City Council adjourned the Closed Session to the Regular City Council meeting on March 9, 1993 at
6:00 p.m. in the City Council Chambers.
._ lly ,?,
Beverly ~thelet, CMC
City Clerk