HomeMy WebLinkAboutcc min 1993/04/20 MINU'IT~ OF A REGULAR MF-~TING OF THE t~l rY COUNCIL
OF THE CITY OF CHUIA VISTA
Tuesday, April 20, 1993 Council Charnben
6:02 p.m. Public Servlees Building
CALL TO ORDER
1. ROLL CAIL:
PRESENT: Councilmembers Harton, Moore, Rindone, and Mayor Nader
ABSENT: Councilmember Fox
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beverly
A. Authelet, City Clerk
2. PI.PF~GE OF AIJ.F. GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINIrrES: February 16, 1993, February 23, 1993 and March 16, 1993.
MSC (PdndonefNader) to approve the minutes of February 16, 1993, February 23, 1993, and March 16, 1993
as presented. Apprnved 4-0-1 with Fox absent and Nader abstaining on the Minutes of February 16, 1993
and Febnaary 23, 1993.
4. SPECIAL ORDERS OF THE DAY:
a. Awards Presentation to Winners for the 1993 Fair Housing Poster Contest and Proclamation
declaring the month of Apr~ 1993 as 'FAIR HOUSING MONTH' - Awards were presented by Tamm Sockey,
Fair Housing Council of San Diego; and the proclamation declaring the month of April 1993 will be
presented by Mayor Nader to Tamara Sockey. K-2 Grade Division - Ashley Makely, David Manzo, and Sylvia
Sprackin; 3-4 Grade Division - Jennifer Ellis, Vivian Moreno, and Yoshiea Mukosa; 5-6 Grade Division -
Karina Getschief, Daniel Goularte, and Jeffrey Kamansky; and Special Recognition - Ezra Cavazos.
b. Oath of Office: Charter Review Commission - Sharon Reid; Child Care Commission - Elizabeth
Stillwagen; Housing Advisory Committee - Glen Googins. Oath of Office was administered to Ms. Stillwagon
and Mr. Googins by City Clerk Autheler.
c. Prodaimlng Thursday, Apr~ 2.2, 1993 as ~RTH DAY' - The proclamation was presented by Mayor
Pro Tem Rindone to Tony Liu, Vice-Chair, Chula Vista Earth Day Committee.
d. Prodalmlng the week of April 18 to 24, 1993 as 'PROFESSIONAL SECRETARIES WKF/~
CONSENT C~I.I~NDAR
(Items pulled: 6 and 7)
BALANCE OF THE CONSENT C~LIINDAR OFFERED BY COUNCILMAN RINDONE, reading of the text was
waived, passed and approved 40-1.
5. WRit IP3q COMMUNICATIONS:
a. Letter of resignation from the Commission on Aging - Linda Gilsttap, 1923 Rue Michelle, Chula
Vista, CA 91913. It is recommended that Linda Gils~ap's resignation be accepted with regret and that the
Minutes
April 20, 1993
Page 2
City Clerk be directed to post the vacancy immediately in the Clerk's Office and the Public Library in
accordance with the Maddy Act.
b. Letter in opposition to replacing a natural cx~,k with a 16-foot-wide concrete channel - Ted Neff,
841 Fairway Court, Chula Vista, CA 91910. It is reconumended that the letter be referred to staff to reply
directly to Mr. Neff and to work with him during the design process to address his concerns.
c. Letter proposing to establish a coalition of San Diego County cities which would be Willing tO
embark upon a one year p~ot program to contract with the Immigration Naturalization Service (INS) to
provide officers to individual cities to enforce immigrarion laws at places of employment - B. Tony Snesko,
Councilmember, City of Poway, P. O. Box 789, Poway, CA 92074-0789. It is not recommended that the City
support the proposal, but rather that the Police Department review with the INS efforts to increase
enforcement with existing resources.
d. Lerterfr~mNati~na~ProperdesAss~ciatesrequestingarcview~ffeesf~ra~roposed~aundr~matat
Sumrnerset Plaza Shopping Center - Richard Gabriel, 2665 Ariane Dr., Suite 207, San Diego, CA 92117. It
is recommended that the item be referred to staff to work with the developer and report back to Council.
Mayor Nader felt the fees appeared to be steep and hoped staff would come back with a recommendation
that would not be an undue burden to the applicant.
6. ORDINANCE 2550 AMENDING CHAPTER 3.48 OF THE MUNICIPAL CODE TO PERMIT THE
FINANCING OF PROJECTS BY TAX-EXEMPT ORGANIZATIONS (second reading and adoption) - The City
is currently considering the institution of proceedings to provide financing for the acquisition and )
construction of various projects by organizations which are exempt from Federal income taxation pursuant
to Section 501 (c) (3) of the Internal Revenue Code of 1986 by amending Chapter 3.48 of the Municipal Code.
Staff recommends Council place the ordinance on second reading and adoption. (Director of Community
Development) Pulled ~'om the Consent Calendar.
· Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, questioned what the City expected to
accomplish by extending bonding authorization to tax exempt organizations and questioned who the
organizations were. He felt an amendment to an ordinance should have public input.
Mayor Nader responded that the ordinance would not give a right to any non-profit organization to have
bonding. It would give a right to the Council to approve bonding at their option for a non-profit
organization if Council felt it was in the public interest.
Lyman Christopher, Director of Finance, stated a public hearing was not held on the first ordinance. It was
a technical amendment to the City's ordinance which provided more flexibility in looking at participating
parties to benefit from City financing. The amendment would extend the City's authorization to provide
financing for non-profit corporations.
ORDINANCE 2550 OFFfiRED BY MAYOR NADEK, reading of the text was waived, passed and approved 4-0-1
with Fox absent
7. ORDINANCE 2551 AMENDING CHAPTER g. SO OF'rHEMUNICIPAL CODETO MAKE CEKTA1N
ACTIONS RELATING TO THE OPERAT[ ON AND MA[N'rENANCE OF A MOBILE HOME PARK II LRGAL
reading} - On 4/13/93, Council directed staff to return with an amendment that would allow enforcement
of the Mobile Home Park Space - Rent Review Ordinance. Staff recommends Council place the ordinance
on first reading. (Director of Community Development). Continued from the meeting of 4/13/93. Pulled )
from the Consent Calendar.
Minutes
April 20, 1993
Page 3
City Attorney Boogaard stated recent changes had caused staff, including his office, to change the staff
recommendation to referral of the proposed changes in the ordinance distributed that evening to the Mob fie
Home Rent Review Commission for public hearings and public input with a report back to Council. He than
reviewed the components of the report disu-ibuted that evening. Exhibit A identified the seventeen changes
recommended; Exhibit B had a proposed copy of Chapter 9.50 which was the Rent Control Ordinance;
Exhibit C was a supplement which was intended to replace Section 9.50.73 which was the Statement of
Factors which the Mobile Home Rent Review Commission would consider in fixing rent space; Exhibit D was
the final proposed version of the ordinance; and, Exhibit E was a copy of the report submitted to Council
April, 1992. Staff was requesting a deferral due to the complexities of the issue.
· Rev. Charles Dobbs, 354 Roman Way, Chula Vista, CA, owner of space #153 at Otay Lakes Mobile
Home Lodge, questioned what the time line was and expressed concern for those residents facing eviction.
City Attorney Boogaard stated the staff recommendation would give all parties due process because the
owners as well as the residents had interest in the issue. He had been advised that Mr. Kelton, owner of
the Otay Lake Mobile Home Lodge, was willing to agree on the record that he would not pursue excessive
CIP increases and would not commence any eviction process while consideration of the changes were
pending. If that proved not to be the case and staff learned of violations, staff would bring the ordinance
back for immediate adoption.
Mayor Nader stated the time line depended upon the action taken by Council. Council could place the
ordinance on First reading, kill the ordinance revisions, send it back as recommended by staff to the Mobile
Home Rent Review Commission, or schedule it for a subsequent public hearing at any time determined by
Council.
Councilman Moore stated he agreed with rent control years ago because of unusual circumstances, i.e. two
property owners - a park owner and a home owner. The City should be protecting both property owners.
Council was not there to solve individual problems.
· Ralph Zahn, 275 Orange Avenue #120, Chula Vista, CA, questioned how Council could understand
what was being presented when such a large document was being presented. He questioned whether
Council had the option of just putting "teeth" in the ordinance. He was in support of what had originally
been proposed and stated they were fighting for their homes.
· Chuck Peters, 13162 #192, Highway 8, District 2, E1 Cajon, CA, representing County Mob~ehome
Positive Action Committee (GOMPAC), stated the City had a decent ordinance that had been whittled away
until it was meaningless. He expressed his concern over the threats against residents that were speaking
out and requested that action be taken on an interim basis until there was time to fully review the ordinance
and make changes.
· Mary Tyszlda, 502 Anita Street, Chula Vista, CA, stated her main concern was vacancy control. She
further expressed concern that the CPI increase was above the increases the seniors received.
· George R. Smith, 15420-157, Highway 80, El Cajon, CA, representing COMPAC, felt the City was
trying to doctor an old ordinance when they needed a new one. Vacancy control was not a complicated
issue and the law was clear. He did not feel the ordinance should be placed on test reading as it was
flawed, but urged Council to pass interim provision for enforcement. A model ordinance had been developed
in conjunction with COMPAC and he would forward a copy to the City.
· Fred Dufresne, 1925 Otay Lakes Road, Chula Vista, CA, representing Otay Lakes Lodge Mobile Home
Park Homeowners Association, felt the important factor was to insure that enforcement was put into the
ordinance now. He agreed the proposed ordinance should be reviewed by the public.
Minutes
April 20, 1993
Page 4
· Ed Nagorski, 1925 Otay Lakes Road #80, Chula Vista, CA, President of Otay Lakes Lodge Mobfie
Home Park Homeowners Association, questioned why the enforcement provision could not be adopted.
Councilman Rindone stated the City Attorney's interpretation was that if Council took such action it would
not be legally defensible which would prolong the concem that a weakened ordinance had in the past.
Council was interested in pursuing what would assist both the park owners and mobile home owners.
· Betty A. Beck, 203 Guava Avenue, Chula Vista, CA, representing the Chula Vista Park Owners
Association, stated the Association held an emergency meeting once notified of problems with one park.
They recommended Council consider: 1) stronger enforcement provisions for non-compliance with the
ordinance; 2) speedier method of alerting the Chula Vista Park Owners Association of existing or looming
problems on any industry problem including matters such as turnover rental increases; and 3) offered to
work with the City to form a rental assistance program which would help residents in financial need.
· Roy Muraoka, 1478 First Avenue, Chula Vista, CA, owner of Palms Garden Mobilehome Park,
representing the Chula Vista Mobilehome Park Owners Association, stated they had met and agreed the
present mobilehome ordinance had been cost effective and worked well with the exception of enforcement.
They recommended the Mayotis proposal be passed.
· Richard Kelton, 2716 Ocean Park Boulevard, Santa Monica, CA, part owner of the Otay Lakes
Mobilehome Park, stated they were currently subsidizing a number of residents in the park at low rates.
There had not been any eviction actions commenced or three-day notices given. He had made the
commitment that as long as the mobilehome resident paid at least the present rent and all future rents that
were appropriate under the statute for the CPI, the park would not commence any legal action either for
eviction or otherwise to collect any rent unt~ the Council had an oppommity to consider the matter at their
leisure. They did want to put on some type of time limit, i.e. one year, and would make it clear that ff
people did not pay the rents they were supposed to pay under the statute they would expect to not have
waived their rights nor would they waive their substantive rights. What they would do was not take any
action, just as they had not to date. He felt the claims of special anxiety were unfounded before today and
if there were residual feelings he wanted to place them at rest. He felt the enforcement provisions were not
clear as stated and they were working with the community in refining the statute.
Councilman Rindone questioned whether Mr. Kelton's commitment included not tabulating the perceived
rent and actual current rent so it would not create undue hardship to the residents.
Mr. Kelton stated he could not answer with a simple yes or no. They had three different situations in terms
of residents. There was only a group of five or six affected by the issue and of that group two residents
signed mediated agreements with the park and subsequently sought to repudiate the agreements and have
them arbitrated. Those were processed by City staff and they believed those residents were obligated and
should pay what they agreed to as it was binding on both parties. The second classification involved two
spaces where there was no arbitration or agreement (spaces S3 and 130). He was willing to agree to
suspend the accrual of the difference between what the owner claimed and the residents felt they were
entitled to while the matter was proceeding. The third classification involved Mr. Dobbs and he had been
paying the lower rent and nothing had accrued.
Councilman Rindone stated it was his assessment that the answer to his previous question was yes except
for the two cases that had been arbitrated.
Mr. Kelton stated yes except for Mr. Dobbs where there had never been any claim for accrual.
Mayor Nader stated he had hoped to avoid hashing out allegations at the Council meeting. The issue for
the Council was what the law was going to be and how it would be enforced. The reason for the Mobile
Home Rent Review Commission and the arbitration process was to hear specific disputes. He questioned
whether they had billed residents of the park in excess of the CPI without arbitration,
Minutes
April 20, 1993
Page S
Mr. Kelton stated they had reached agreements with a number of people in the park that were not arbiWated
but mediated or settled for increases in excess of the CPI. There were to his knowledge two situations where
they did not successfully mediate or arbitrate, where they had indicated to the residents they did not believe
the statue was affectire and they were reserving their rights to take the issue to court for a f'mal decision.
Mayor Nader questioned whether anyone had been threatened with eviction, not action taken in court, if
they did not pay a bill that was in excess of the CPI without arbitration.
Mr. Kelton responded not with his permission or knowledge. He felt demands should be in writing in order
to provide a penal basis which was one of his objections to the penal language. Aplain verbal demand was
not adequate.
Mayor Nader stated a verbal assertion without evidence would not go anywhere under the section the City
Attorney had drafted. He felt there would have to be written evidence.
Mr. Kelton stated people had received bills which showed the accrued amount the owners claimed they
reserved their fight for.
Mayor Nader stated the intent of what he was proposing was to require the owner to go through the legal
procedure for asserting such a claim. He hoped there would not be a lot of situations where citizens were
coming to the City saying the park owner told them they did not have those rights and threatening them
with eviction if they did not pay what the owner felt he had a fight to.
Mr. Kelton stated that had happened with two individuals. He had written to Mr. Heinrich suggesting he
talk to staff to review his position because he felt Mr. Heinrich was wrong.
· Marilyn White, #3 Corso Di Italia, Chula Vista, CA, member of the In Park Committee of the Chula
Vista Mobile Home Park, stated they had been charged 3.4 CPI and staff had told them it should have been
2.1 GPI. She requested that something be done regarding the violation.
Alisa Rogers, Community Development Specialist, informed Council the standard operating procedure would
be to contact the park manager or park owner and inform them of the proper CPI. She had been unable
to contact anyone but would continue to do so and would follow-up in writing.
· Richard Ybarra, 3530 Camino Del Rio North #203, Bonita, CA, representing the Chula Vista Park
Owners Association and Western Mobile Home Association, stated the park owners had heard and discussed
the proposed changes to the ordinance and supported the changes as submitted.
· Richard Heinrich, 1925 Otay Lakes Road #6, Chula Vista, CA, stated he was one of the exceptions
listed by Mr. Kelton. When he originally moved into the park he was given a written statement saying if
they did not arbitrate the rent would be $340 and if he insisted in arbitrating the rent it would be $360.
He was discouraged from arbitration due to the cost involved and, therefore, went back to pay the $340 only
to fmd that an additional $35 had been added. After threatening to terminate the sale the owner brought
it down to $350 and he signed that he would arbitrate the rent with the owner rather than the board.
When he went to pay the first month's rent he realized that he was paying $106 more than the previous
owner. The day the letter came out stating he had arbitrated, he received four phone calls threatening
eviction because he was improving his property. Park management had told him to submit his rent as he
felt it should be and they would calculate what they felt it should be and run a deficit every month. He did
that because it was a temporary solution and his check was returned to him as well as the next month's
check.
· R.C. Flaugher, 521 Orange #51, Chula Vista, CA, stated there were a lot of angry people and they
were ready for rent control. He had been asked, if necessary, if he would put another rent control measure
Minutes
April 20, 1993
Page 6
on the ballot and he had agreed. He hoped it would not be necessary and suggested Council put an
enforcement provision in effect to protect the park residents.
City Attorney Boogaard stated ff the proposed ordinance took affect the City Attorney, at the expense of the
general fund, would be required to prosecute criminal violations as outlined in the proposed ordinance. The
civil remedy section would allow the resident the alternative remedy of going to court themselves, small
claims or municipal, to recover the overcharge, trouble damages, attorney fees and costs at their expense.
The administrative relief section would give the resident a third alternative ff the owner had waived the rent
or if there was a dispute as to the interpretation of the rent, it could be referred to the commission for a
ruling. That would be a new authority granted to the commission in the form of an administrative hearing
which would be at the expense of the City's general fund.
City Manager Goss stated he would like input as to how much additional staff involvement would be
involved in the process, annual cost, and whether there was anything more than the statement that the
general fund would pay for the staff required for the additional work required under the ordinance. He was
not sure as Chief Administrative Officer of the City that he had a good feel or understanding of what the cost
implications would be. He also questioned how the general fund would be reimbursed, if at all, through
the process.
Mayor Nader stated it was his understanding that other than staff time from the Managers Office and
prosecuting criminal violations, there would not be a significant change in staff time. He questioned
whether there was a new level of staff involvement required.
City Attorney Boogaard stated the new ordinance would require substantially greater staff attention than the
existing ordinance.
Chris Salomone, Director of Community Development, stated staff had not had a lot of time to analyze the
proposed ordinance but the way the ordinance was crafted staff anticipated more mediations going to the
Mobile Home Rent Review Commission. Staff would also have to prepare reports utilized by the arbitrator.
He felt it could require additional staff.
Mayor Nader stated the waiver of rents provision was one that was not absolutely essential to the rest of the
ordinance and could be separated out and dealt with at a later date. If there were other provisions that
would increase the work load of the Community Development Department, he hoped those would also be
looked at. Regarding rent review proceedings that would require staff time to do what a professional
arbitrator would do, he felt that was the role of the Mobile Home Rent Review Commission. If there were
sections that required new duties, they could be separated so staff and the City Manager could look at them.
Council could go ahead without waiting to give the City Attorney the power to enforce the existing
ordinance.
Councilman Rindone questioned why it would not be easier to have a vacancy control clause similar to other
cities.
City Attorney Boogaard responded the historical development of the statute called for the language and he
did not want to propose a substantial deviation of what was basically a PAD based/arbitration based system.
Other cities had a park based system which established a rent schedule for an entire park at one hearing.
The system set up by Council had worked fairly well, in terms of staff time, because there had been very few
arbitrations in twelve years.
Councilman Moore felt one of the primary items was space rent upon sale or resale.
City Attorney Boogaard stated the present ordinance was ambiguous as to who had the right to arbitrate.
The new ordinance made it clear that the outgoing tenant had the right to arbitrate and if he did so to
completion of arbitration, the incoming tenant no longer had that right. If they failed to pursue it through
Minutes
April 20, 1993
Page 7
the arbitration process to get a fixed rent by the commission then the incoming tenant had the fight to
arbitrate. The City's interest was in protecting the existing and incoming resident.
ORDINANCE 2551 pLAt~-n ON FIRST READING BY COUNCILMAN RINDONE, the provisions provided by
the City Attorney which provided the enforcement clause and the provision for the constitutionality; and,
simultaneously refer the ordinance to the Rent Review Cownrni~sion so that prior to the second reading the
park ownen and mobilehome owners would have an opportunity for input.
Mayor Nader stated it was his understanding of the motion that the ordinance was placed on first reading
and the Rent Review Commission would be expected to come back to Council prior to the second reading.
City Attorney Boogaard stated the motion would put Exhibit "D", Ordinance 2551, on first reading.
City Clerk Authelet read the rifle, reading of the tex~ was waived.
AMENDIVlFANT TO MOTION: (Rindonef/qader) to bring Ordinance 2SS1 back for second reading in two
weeks.
Councilman Moore stated he expected input from the park owners and residents. He suggested that the
meeting of the Mobile Home Rent Review Commission be held in a workshop setting.
Councilman Rindone suggested that two meetings be noticed, one during the da3rcLrne and one during the
evening or Saturday.
City Manager Goss stated the normal processing for getting materials to Council would be one week from
Thursday which would give the Commission nine days to hold their meetings and prepare their written
materials unless there was a willingness by Council to have some flexibility in terms of submitting the
information late to Council.
Councilman Moore requested that notices of the meetings of the Mobile Home Rent Review Commission be
posted in the mobilehome parks.
VOTE ON ORDINANCE 2SS1 AND AMENDMENT: approved 4-0-1 with Fox absent.
MSC (Nader/Horton) to refer the two remaining requests from the Park Owners Association, Le. speedier
method of aleaing the Association of printing or looming problems and working with the Association to form
a rental assistance program, to staff to work with the park owners and report back to Council. Approved
4-0-1 with Fox absent.
* * * Council recessed at 9:12 p.m. and reconvened at 9:23 p.m. * * *
8. ORDINANCE 2552 IMPOSING, i~S AN INTERIM AND URGENCY MFASUBE, A REQUIREMENT
THAT FOR A PERIOD OF NINETY DAYS ANY PROPOSAL TO ~ AND OR MODIFY ALCOHOL S,~I $_~; IN ~
C-N ZONE IS SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT IN ACCORDANCE WITH ~
PROVISIONS OF MUNI~PAL CODE SECTION 19.14.030(6) (ur2encv) -On 4/13/93, Council expressed
concern with the fact that the City~s recently adopted ordinance requiring a conditional use permit for
alcohol sales facilities in the C-N zone does not distinguish between the extent or amount of alcohol sales
or between the sale of beer/wine and hard liquor. Staff recommends Council adopt the urgency ordinance,
(Director of Planning) 4/Sth's vote required.
9. ORDINANCE 2553 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE
DECREASING STATE LAW MAX]MUM SpF. F.I'} LIMITS IN CERTAIN AREAS, PASEO RANCHFRO AND BUENA
Minutes
April 20, 1993
Page 8
VISTA WAY {first readins~) - Buena Vista Way and Paseo Ranchero north of East "H' Street are new collector
streets constructed by the McMillin Development Company in 1990 in conjunction with the Rancho del Key
Phase II construction. Since the street does not have any fronting businesses or residences, the tinposted
speed limit is SS mph. A recent traffic survey revealed that the 85th percentile speed is 43 mph and 36
mph, respectively. In the interest of public safety, the City Engineer is recommending that Buena Vista Way
north of 'H' Street be posted at 35 mph. Staff recommends Council place the ordinance on first reading.
(Director of Public Works)
10. RESOLUTION 17077 AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE ta'lY A
MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY WATER AUTHORITY (C~/A} FOR
THE CWA PUBLIC INb'ITI'tlTIONS RETROFIT PROGRAM - The City has been accepted to participate in the
CWA's Public Institutions Retrofit Program. As a condition of participation, the City must enter into a
Memorandum of Understanding (MOLD with CWA. Once the MOU has been approved by Council, the City
will be reimbursed for a total of $7,738.00 to pay for retrofitling 42 public toilets. The retrofit program is
designed to provide fmancial support to those public agencies who require funding assistance in purchasing
1.6 gallon per flush ultra-low flow toilets for use in its public facilities. Staff recommends approval of the
resolution. (Administration and Director of Public Works)
11. RESOLLrHON 17078 AUTHORIZING TEMPORARY S-I-KEET CLOSURES TO CONDUCT THE
CULTURAL ARTS FEb-HVAL ON MAY 8, 1993 - The Parks and Recreation Department is requesting
permission to temporarily close Park Way between Third and Fourth Avenue, and Garretl Avenue between
"G" Street and Park Way, to conduct the Cultural Arts Festival on 5/8/93. Staff recommends approval of
the resolution. (Director of Parks and Recreation)
12. RESOLLrHON 17079 ORDERING THE SUMMARY VACATION OF A DRAINAGE EASEMENT AT
THE NORTHWEST CORNER OF PkSEO DEL REY AND IELEGRAPH CANYON ROAD - Real Estate lnvest~nent
Trust, owner of the property at the northwest comer of Paseo del Rey and Telegraph Canyon Road, has
requested vacation of a drainage easement for a portion of Telegraph Canyon Channel across their property.
They will rededicate the drainage easement along the entire channel adjacent to their properly. Staff
recommends approval of the resolution. (Director of Public Works)
13. RESOLUTION 17080 ACCEPTING DRAINAGE EASEMENTS ORIGINALLY GRANIED AS AN
IRREVOCABLE OFFER OF DEDICATION AND PREVIOUSLY REJEL-t-FI) BY COUNCIL ON MAPS NUMBER
3104 AND 3163 - On 2/16/93, by Resolution 16992, Council accepted bids and awarded contract for the
construction of the Naples Street drainage channel improvements project (DR-112). The improvements lie
within a 40 foot wide drainage easement originally tendered in 1954 and rejected by Council with the option
to accept at a future date. Staff recommends approval of the resolution. (Director of Public Works)
14.A. RE,C~LUTION 17081 APpROVINGSUBDM SIONAGI~RRMENTFORPARCF-LMAP92-15, CHUI~
VISTA AUTO PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAME On 3/11/93, the Directors of the
Deparlxnents of Public Works and Planning conditionally approved Tentative Map 92-15, Chula Vista Auto
Park, The Final Parcel Map for said tentative parcel map is now ready for approval. Generally, final parcel
maps are administratively approved. However, the conditions of approval of the tentative map for the
development require a Subdivision Agreement to satisfy conditions of approval nttmbered nine, fourteen,
fifteen, and sixteen. Condition eight requires a Supplemental Subdivision Agreement with the developer,
Chula Vista Auto Park, Inc. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 170~2 APPROVING StIPPLEMENTAL SUBDM SION AGRRRMENT REGARDING
CONDITION EIGHT AND AlYrHORIZING THE MAYOR TO EXECUTE SAME
Minutes
April 20, 1993
Page 9
1S. REPORT PROPOSF_.D CEQA WORKSHOP WITH TIIE PLANNING COMMISSION ~
RF. SOURCE CONSERVATION COMMISSION - In October 1992, Council requested input from the Planning
Commission regarding scheduling of joint workshops between the Councfi and the Planning Commission on
issues of mutual concern. The Planning Commission subsequently reviewed the matter and indicated
interest in having quarterly workshop meetings with Councfi. Subsequently, on 2/2/93, Council directed
staff to schedule a joint workshop on the California Environmental Quality Act (CEQA) with Council, the
Planning Commission and the Resource Conservation Commission. Staff recommends Council approve the
oufiine for the proposed joint workshop on CEQA and direct staff to coordinate scheduling of the workshop
with the Planning Commission and Resource Conservation Commission at the earliest possible date.
(Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RF~OLUTIONS AND ORDINANCES
16. PUBLIC HEARING UPDATE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FF~ - In
August 1989, Council adopted the Public Facilities Development Impact Fee (PFDIF), which was later
amended by ordinance in January 1991. Staff is presenting the latest update of the PFDIF. Staff
recommends Councfi place the ordinance on first reading and approval of the resolution. (Administration)
A. ORDINANCE 2554 ADDING CHAFI'ER 3.50 TO TIlE MUNICIPAL CODE RELATING TO A
DEVELOPMENT IMPACT FF_2Z TO PAY FOR VARIOUS PUBLIC FAcnJTIES WITHIN THE CITY'S GENERAL
PLAN AREA BOUNDARY AND REPEALING ORDINANCI~_~ 2432 AND 2320 (first readinR)
B. RESOLUTION 17083 APPROVING THE 1993 UPDATE OF THE PUBLIC FACILI'I1ES
DEVELOPMENT IMPACT FEE
Councilman Moore stated his concern was accountability which was a task given to the GMOC. He felt the
commission should look for what the purpose was for the DIF, what the rate was set at, was it modified up
or down as circumstances dictated, was it allocated for the purpose, and was it allocated in a timely manner.
He questioned how it would be insured.
Councilman Rindone referred to the Civic Center Park Unit Expansion Project and questioned whether the
project included the taking of adjacent homes north of Davidson for parking.
City Manager Goss responded that an a~reement had been negotiated for the one piece of properly needed
for expansion and there would be no taking of homes for the project.
Martin Chase, Assistant Director of Management Services, stated the Finance Director had assured him that
even if the single fund accounts were merged, Council would continue to receive the same reports with the
same breakdown as in the past.
Lyrnan Christopher, Director of Finance, stated the separate projects would be segregated accounting wise
and staff would track the project expenditures separately within the funds. Staff would also track the
revenues for each of the projects.
City A~orney Boogaard stated he recommended adoption of the resolution and to achieve Council's purpose
he recommended a minute resolution directing staff ro keep separate accounts of all funds collected.
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.
Minutes
April 20, 1993
Page 10
ORDINANCE 2554 pL~CRn ON FIRST READING AND RESOLUTION 17083 OPI~F2,ED BY MAYOR NADER,
reading of file text was waived. passed and approved 44~1 wifil Fox absent.
MINUTE ACTION: ONlader/Moore} to direct staff to keep accounts of fees collected for various purposes to
assure that fees collected for a specific purpose cotrid be accounted for, expended, and antiable for that
purpose. Approved 4-0-1 wifil Fox absent.
17. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT NUMBER SIXTY-FOUR
FOR THE DEVELOPMENT OF A GOLF DRIVING RANGE, BATTING AND PITCHING CAGES, AND ACCESS/tRY
USES ON FIP'fl-I AVENUE NORTH OF *C* STREET - The project involves consu-uction of an athletic and sport
recreational center on approximately 12.94 acres located on Fifth Avenue north of "C" Sl~eet within the
Inland Parcel of the Local Coastal Program. Staff recommends approval of the resolution. (Director of
Community Development) Continued from file meeting of 3/23/93.
RF. SQLLrrION 1.7084 ADOPTING MITIGATED NEGATIVE DECIARATION IS-91-SO(B), TWO
ADDENDUMS THERETO AND l~!rrlGATION MONITORING PROGRAM AND ISSUING CO/s-STAL
DEVELOPMENT PERMIT NUMBER 64 TO DEVELOP A GOLF DRIVING RANGE, B/s/t-lING AND PIT(I-IRqG
CAGES, AND AC(I. SSORY USES ON Fllql-I AVENUE NORTH OF *C* STREET SUBJECT TO CONDITIONS
This being the time and place as advertised, file public hearing was declared open.
· Jerald A. Alford, 2445 FLfLh Avenue #400, San Diego, CA, representing National Avenue Associates,
spoke in support of the staff recommendation. It was their understanding that a similar development was
being considered by the Port Authority and their major objection was that the Port was attempting to get
some kind of different processing for approval of the project. It also appeared it was a subsidized project
which riley felt was unfair as it would compete with private enterprise. He requested that Council direct
staff to look into the matter and assist them.
Councilman Moore felt file speaker should give the Council something in writing. Then if there was contact
with the Port, it could be attached as an addendum.
Mr. Afford responded that he would be happy to do that tomorrow.
Mayor Nader requested that staff provide any information they had on the item to Council.
Councilman Rindone questioned the other proposed location.
City Manager Goss stated it was approximately 17 acres across from the yacht marina and Jake's. The Port
had contacted staff approximately one month ago stating they might be interested in going out with an B.FP.
Mr. Alford's information was the fn'st time he had heard that they were getting to the point of going to the
Coastal Commission. He felt file City may want to raise the question as to whether that was the highest and
best use of the property.
There being no furLher public testimony, file public hearing was declared closed.
P, ESQLUTION 17084 OFFERED BY COUNCILMAN MOORE, reading of file ten was waived, passed and
approved 4-O-1 with Fox absent.
18. PUBLIC HEARING APPROPRIATIONOF$1,214,00OOFCOMMUNITYDEVELOPMENTBLOCK
GRANT (CDBG) FUNDS FOR CON:~-rKUCTION OF THE SOUTH LIBRARY PROJECT - In the Spring of 1991, '\
the City used CDBG funds to purchase six acres of land at Fourth and Orange Avenues for the souill library. ,)
Subsequently, the State Library awarded the City a matching grant for the new library. The grant
Minutes
April 20, 1993
Page 11
reimburses the City for 65 per cent of the cost of the land acquisition. Staff recommends approval of the
resolution. (Director of Community Development) 4/Sth's vote required.
RESOLUTION 17085 APPROPRIATION OF $1,214,000 OF CDBG FUNDS FOR CONSTRUCTION
OF THE SOLrrH LIBRARY PROJECT
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was closed.
RESOLUTION 17085 OI'FF.J>,ED BY COUNCILWOMAN HORTON, reading of the text was waived, passed aud
appreved 4-0-1 with Fox absent.
ORAL COMMUNICATIONS
· Ralph B. Zahn, 175 Orange Avenue #120, Chula Vista, CA, stated that after speaking at last week's
Council meeting he had received a call telling him to mind his own business, He had driven through Twin
Palms Mobile Home Park and stated it was in disrepair. He questioned whether it was being replaced with
zoning for economical housing or housing at taxpayers expense and questioned why there was not zoning
for mobile homes or manufactured homes where the home owner owned the land.
Mayor Nader stated he had requested two or three time to place the current mobile home and ~ailer parks
in the City under zoning that would preserve them and protect them and the motions had failed on 2-3 votes
by Council. Any time another Councilmember wanted to reconsider their position on the issue he would
offer the motion again.
BOARD AND COMMISSION RECOMMENDATIONS
None submi~ed.
ACTION ITEMS
19. REPORT CHULA VISTA HUMAN SERVIC:F_q COUNCIL - Last Spring, the Chula Vista
Human Services Council (CVI-tSC) initiated Project CARE to provide a safety net for isolated senior citizens.
Project CARE includes a health and safety home repair component. The CVHSC requested that the City draft
a legal waiver for volunteers who perform the home repairs. In reviewing the request, staff determined that
the home repair program raises a significant legal liability which cannot be easily resolved. The larger issue
which has surfaced is the role of the CVHSC and its relationship to the City. The report contains a history
of the development of the CVHSC, explains the current issues, and proposed options for resolution of the
issues. Staff recommends Council accept the report and approve the resolution. (Director of Community
Development) Continued from the meeting of 3/23/93.
RESOLUTION 17050 APPROVINGANAGI~RRMENTWITHTHECHULAVISTAHUMANSERVIfl~.q
COUNCIL SEIrlNG FORTH THE I~RIATIONSHIP BETWEEN THE cI-IY AND THE CVHSC AND
TRANSFERRING $900 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
MSC (Nader/Rlndone) to continue the item to the meel~lg to 4/27/93 upon the request of the (lalr of the
Human Services Council. Approved 4-O-1 with Fox absent.
20. REPORT KEY CONCERNS REGARDING PROPOSED SOLID WAb'L~ PARTI(]PATION
AGI~F. RMENT - At the 3/30/93 workshop on regional solid waste issues and a proposed Solid Waste
Minutes
April 20, 1993
Page 12
Participation Agreement, staff was directed to prepare a list of specific concerns with the Agreement. The
list will be addressed by the Council's representative to a Solid Waste Task Force of elected officials on
4/30/93. Council discussion and action at this time will provide the Council's representative with the City's
official position. Staff recommends that Council: (1) determine that the City is not prepared at this time
to make a commitment of total flow of solid waste within its jurisdictional boundaries to the County system;
(2) affirm to the Solid Waste Task Force that the issue of the amount of flow commitment necessary to allow
the San Marcos landfill expansion financing to take place be addressed independently of the long-term
commitment of flow for long range facilities planning purposes; (3) approve in concept an organizational
structure which calls, fh'st, for the formation of a Solid Waste Commission with final authority in policy
matters and capital planning and financing issues, and then with responsibility for exploring the possible
evolution of the Commission into an entirely separate legal entity; and (4) direct staff to return to Council
with a revised Agreement for action at the conclusion of the work of the Task Force. (Administration)
Councilman Moore updated Council on the meeting of the Elected Officials Steering Committee. The County
wanted a 100% flow commitment for twenty years. The attorneys were working on two concepts for
Monday's meeting, i.e. commission concept - whether advisory, full authority, or JPA and each slanted two
ways, participant or consumer.
Mayor Nader questioned whether Councilman Moore concurred with the staff recommendation. He
questioned who would create the commission included in the staff report and who they would report to.
Councilman Moore felt whatever was created would have full authority. If they wanted the County to
assume all the responsibilities, then there should be an advisory commission. If the cities wanted full
authority, they would have to accept full liability.
Mayor Nader stated he was hesitant and did not see an alternative of leaving the matter in the hands of the
County as opposed to creating an new entity. He felt recommendation #3 appeared to be saying they
wanted to move away from County decision making and essentially move toward a JPA. He did not feel
ready to say he was committed to a JPA as the mechanism and was inclined to modify the staff
recommendation to say they would explore options for formation of a solid waste commission. He did not
want it understood the City was committing itself to the formation of a JPA.
City Manager Goss felt it was premature for the City or any other city to commit to a JPA without knowing
more about it. Given the fact that other cities had concerns staying with the County, the interim step would
be an advisory committee which would leave it open for a longer period of time and allow for evaluation
of a JPA.
Mayor Nader stated it was staffs understanding the City would support creation of an advisory commission
which would explore options including a JPA and working through the County.
City Manager Goss stated that was correct but it was his sense that the other cities were not going to be
keen on working with the County. He felt it was also a possibility that the other cities would want to stop
with the advisory commission and not go into a JPA.
Mayor Nader stated he could support that with the understanding that they were suppor'cing the creation
of an advisory commission to explore the options. He had qualms in the creation of a new governmental
entity.
ITEMS pUI J~.B FROM THE CONSENT CALENDAR
Items pulled: 6 and 7. The minutes will reflect the published agenda order.
Minutes
April 20, 1993
Page 13
OTIFr,,R BUSI~
21. CaTlr MAI'qAGER'S REPORT(S)
· City Manager Goss informed Council that it appeared the tree farm was headed toward a successful
conclusion.
City Attorney Booguard stated the only variation from the prior authority was the removal of the caretakers
house which staff was in agreement with. Staff intended to execute an agreement which would provide for
the deletion of the caretakers home under prior authority with no offense to the Council.
22. MAYORS REPORT(S) - None
23. COUNCIL COMMENYS - None
ADJOURNMENT
The City Counc~ did not meet in closed session to discuss:
Instruction to negotiators regarding salary and compensation in the form of fringe benefits pursuant
to Government Code Section 54957.6 - Executive Management, Mid-Management, Unrepresented,
Chula Vista Employees Association (CVEA), Western Council of Engineers ONCE), Police Officers
Association (POA), and International Association of Fire Fighters (IAFF)
ADJOURNMENT AT 9:56 P.M. to a Regular Worksession/Meeting on Thursday, April 22, 1993 at 4:00 p.m.
in the Council Conference Room and thence to the Regular City Council Meeting on Tuesday, April 27, 1993
at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency convened at 9:57 p.m. and adjourned at 10:26 p.m..
Respectfully submitted,
BEVERLY k AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Depq'~q~ity Clerk