HomeMy WebLinkAboutcc min 1993/05/04 MINUTES OF A REGULAR MEETING OF THE CHY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, May 4, 1993 Council Chambers
4:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton (arrived at 4:22 p.m.), Moore, Rindone, and
Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard; City Attorney; and Beverly
A. Authelet, City Clerk
2. pt.~nGE OF A! J .~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINlrrF~: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring the week of May 2 through May 8, 1993 as "ADULT EDUCATION WE. Elf' -
The proclamation was presented by Mayor Pro Tem Rindone to Norman Yaggie, Principal, Chula Vista Adult
School.
b. Prodaimlng May as *OLDER AMERICANS MONTH' - The proclamation was presented by Mayor Pro
Tem Rindone to Kay Dennison, Chair, Commission on Aging. Centenarians present were: Armando Alonzo
and S. L. Potter.
c. Prodaimlng the week of May 2 through May 8, 1993 as *YOUTH WEEIC' - The proclamation was
presented by Mayor Pro Tern Rindone to Frank Pantol, Exalted Ruler of Chula Vista Elks Number 2011, and
Garry Hummel, Youth Activities Chairman.
d. Prodaimlng the Month of May 1993 as *WATER AWARENESS MONTH' - The proclamation was
presented by Mayor Pro Tem Rindone to Sue Jarrett, Chairman of the Sweetwater Authority Board.
e. Pres4mtation by a representative from CalMethanol Corporation - The representative will discuss
Methanoi as an alternative fuel. Continued from the 4/20/93 workshop.
Dr. Joe Ghougassian gave a brief review of the Federal laws regarding the Alternative Borded Fuels Act,
Clean Air Act, Energy Act, and AB234 addressing air quality and the use of alternative fuels. Alternative
fuels were: 1) compressed natural gas (CNG); 2) liquified natural gas; 3) electricity; 4) methanoi; 5)
ethanal; 6) liqulfied petroleum gas (propane); and 7) reformulated gasoline. Methanoi, known arM85, was
a liqulfied fuel; almost all methanol was made from natural gas. A methanol fire could be extinguished with
water. Air quality benefits were: 1) ozone was created more slowly; 2) other photochemical pollutants
thought to affect human health were reduced; 3) reduced amount of air borne toxics; and 4) methanoi
produced from natural gas had 10% less global warming impact than gasoline. When spilled into surface
water methanol disappeared rapidly and was biodegraded. It had not been identified as a carcinogen or a
reproductive toxin. Methanol pump prices were likely to be 5 - 10 cents per gallon higher than premium
prices. The extra five to ten cents would be justified by the air quality benefits obtained. Many of the major
car manufacturers were now producing flexible fuel vehicles. There was an incentive program for flexible
fuel vehicles sponsored by the Energy Commission (CEC). The CEC would assist the City in obtaining the
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May 4, 1993
Page 2
fleet and contribute up to $400 toward the purchase of each car. Some of the automobile manufacturers
would also lower sticker prices. There were many other incentives available through the state.
Councilmember Rindone stated information forwarded to Council noted that skin contact with methanoi
caused liver damage. He requested that Mr. Ghougasslan forward information to Council.
Dr. Ghougassian responded it was a myth, as studies conducted had not found a hazard. The State was
aggressively endorsing methanoi and alternative fuels.
Councilmember Fox had the same concerns. Council had been told at the workshop that methanoi should
probably be used for certain types of heavier vehicles and requested a response in writing.
Dr. Ghougassian responded that Ford, GM, Chrysler, and VW were manufacturing small and medium size
cars.
Mayor Nader stated staff would be reviewing the information received on alternative fuels and bring a
proposed policy back to Council for consideration.
Dr. Ghougassian informed Council he had been told that a decision had already been made. Staff was
leaning toward CNG vehicles long before he had made his presentation on methanoi.
City Manager Goss sintad staff had not reached a decision or a firm recommendation. The next step would
be m return with the answers to questions that had been raised before coming forward with a
recommendation.
f. Proclamation declaring Friday, May 7, 1993 as 'CARRF. R. AWARENESS DAY" - Mayor Nader stated
Career Awareness Day would be on Friday, May 7, 1993 at the Sweetwater District South County Job Fair
in the Career Assessment Center.
Councilmember Pdndone stated the event was being sponsored by the City of Chula Vista and the Sweetwater
District. There would be seventy-five employers interviewing and accepting resumes between 9:00 a.m. and
1:00 p.m.
g. Mayor Nader informed the public that the Second Annual Cultural Arts Festival would be held on
Saturday, May 8th, Mary Cernitz, Member of the Cultural Commission, stated entertainment would be from
10:00 a.m. to 5:00 p.m. and reviewed the various activities.
CONSENT CALENDAR
0tems pulled: 6, 7, 8, and 9)
BALANCE OF THE CONSF2~ CALENDAR OFI'I/JIED BY COUNCILMEMBER FOX, reading of the text was
waived, passed and approved tmanlmously.
S. TI~/RI'I'I'I~I COMMUNICATIONS: None submitred.
6. ORDINANCE 2555 REPEALING AND RE-ENACTING A NE'VV CHAPTER 2.46 OF THE
MUNICIPAL CODE RELATING TO THE YOUTH ADVISORY COMMISSION (first reading) - Last year it was
suggested that the ordinance relating to the Youth Commission be amended to allow commission members
to serve beyond 18 years of age. Upon review, many provisions of the current ordinance were discovered
to be in violation of the Charter, or inconsistent with the new, standard format for Boards and Commissions.
Staff recommends Council place the ordinance on first reading. (City Attorney) Continued from the meel~_g
of 4/27/93. Pulled from the Consent Calendar.
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May 4, 1993
Page 3
Mayor Nader stated he had concerns regarding changes being made in the ordinance. He met with the
Chair of the Youth Commission on what the tenor of the Commission's discussions had been and what they
felt should be changed. Several years ago changes had been put on the ballot that were approved that were
intended to conform the Charter to the operations of the Youth Commission, Now Council was being told
what they had intended had not been accomplished. One of the changes in the ordinance replaced the
existing two-year terms with four-year terms. For the Youth Commission it was questionable, as a
Commissioner was only eligible under the prior ordinance for approximately four years total, The Chair felt
the Commission preferred two two-year terms rather than four-year terms as in the existing ordinallee. He
felt the issue should be referred back to the Charter Review Cornmission for consideration. His second
concern was that the proposed ordinance established a regular meeting time, place, and date. The Youth
Commission had not discussed the issue and felt it was added by staff.
Mayor Nader stated it was up to the Commission to set their meeting times, the Charter did not require it,
and he felt it inappropriate,
City Attorney Boogaard stated the purpose of having a fLxed meeting time was that there would be a public
meeting time that would not require publication or notice of meetings. Therefore, special notices or special
calls for meetings would not be necessary. Instead of deleting it he recommended that Council, by
resolution, fix a meeting time and make it a regular meeting time which would alleviate the problem of
special calls.
Mayor Nader stated every commission set its own meeting times and those meetings were noticed as regular
meetings, There was no reason the Youth Commission should be treated differently.
MS (Nader/Moore) to amend the provision of the Resolution to state fl~e 'Commission shall establish a
regular meeting time of not less than once per month' (~ Time of Meetings, Paragraph 2 - Other Mee~n~);
require that the Commi~ioner be under voting age as of the date of the commencement of the term of which
they are appointed.
Mayor Nader stated they could be appointed a~er the age of eighteen if the term to which they were
appointed commenced prior to their turning eighteen, they would then be able to stay until their twenty-
second birdday.
City Attorney Boogaard stated Membership, Paragraph B - Voting Members, after the end of the sentence
"residence throughout the term of office ..... "should state "must be under voting age as of the
commencement of the term to which they are appointed.
Councilman Rindone recommended "under the age of eighteen".
AMENDMENT TO MOTION: (Nader/Moore) 'under the age of eighteen* was acceptable instead of 'under
voting age*.
VOTE ON MOTION: approved unanimously.
ORDINANCE 2555 pLAC~-n ON FIRST REJtDING BY MAYOR NADER, reading of the text was ~ pased
and approved unanimously.
MS (Nader/Moore) refer to the Charter Review C, ornmi~sion for a reeomm,mdation the question of allowing
the Youth Commission to serve two two-year terms rather than four-year terms and the question ra/Rd in
Paragraph 3 of the staff report as to whether a quorum of a commission should be allowed as actual
membership plus one other than total number of seats.
Councilmember Moore did not feel Council should change any vote. He did not want any commission to
start voting with anything less than a quonlm of the board/commission/committee.
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May 4, 1993
Page 4
WITI-H)RAWAL OF PART OF MOTION: CNader) withdraw the refen-al regarding the quorum of a cornmi~iolL
VOTE ON MOTION AS AMENDED: approved unanimously.
7. RESOLUTION 17076 APPROVING RENEWAL OF THE AGR ~..~-MENT WrlH LE-I-flF, RI-MCINTYRE
& ASS0(2ATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL
SERVICES FOR (flAY RAN(~, AND AUTHORIZING THE MAYOR TO EXECUI~ THE AGRF-RMENT - The
agreement includes planning process, public hearings, drafting of all documents and resolutions, end taking
final action by the Planning Commission, Council, and the County Board of Supervisors. Staff recommends
approval of the resolution. (Deputy City Menager Krempl) Pulled from the Consent Calendar.
Couneflmernber Rindone stated staff was once again entieipating the final contract extension. He questioned
the renge end the ennualized rate,.
George Krempl, Deputy City Menager, responded the reason for the renge was the fact that the contract
included services not only for Mr. Lettleri but also for the Lettieri-Melntyre fn-m. The annualized rate was
$10,000/month or $120,O00/annually.
Mayor Nader questioned whether the provision stating the "Interjurisdietional Task Force" was in error as
it was his understanding that the Task Force had completed their roll in the process,
Deputy City Manager Krempl responded that the Mayor was correct and it should have been the City of
Chula Vista end the County Board of Supervisors.
MSUC (Nader/Moore) amend the proposed contract, page 3, to strflle 'Interjurisdictional Task Force' end
replace with the 'Chula 1F~a City Council' end 'San Diego County Board of Supervisors'.
Coune~member Rindone stated he realized that the project needed to be completed. He had opposed the
contract the last time it was brought to Council because the annualized rate was $138,000 which he felt was
excessive, Even though it allegeally had no impact on the City, he was not for consultents at those
annualized rates.
RESOLUTION 17076 OFFFRED BY COUNCILMEMBER MOORE, reading of the text was waived, passed end
approved 4-0-1 with Rindene opposed.
Mayor Nader noted that it was past 10:30 p.m. and Council was required to vote as to whether they would
continue hearing agendized items.
MSUC (Nader/Horron) to meet in Closed Session to discuss pending litigation Igou ~. City of Chula IFlsta
and meet as tile Redevelopment Agency, atl other itprn~ continued to the meeting of 5/11/93.
8. RESOLIfrlON 17100 APPROVING AGI~P-P-MENT (ADDENDUM NUMBER NINE) WITH JHK &
ASSOCIATES AND BALDWIN VISTA, LTD. FOR II!ANSPO RTATION PLANNING SERVIf-'~_~ ON THE
RAN(l-1, AND AUTHORIZING IHE MAYOR TO EXECIYrE SAME - In responding to directives received from
the Otay Rench General Menager, the agreement includes preparing for end attending project-related
workshops end hearings, end project coordination meetings. Staff recommends approval of the resolution.
(Deputy City Menager Krempl) Pulled from the Consent Calendar.
Continued to the meeting of 5/11/93.
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May 4, 1993
Page 5
9. RESOLUTION 17093 TRANSFERRING$2,SOOOFUNUSEDCOMMUNITYDEVELOpMENTBLOCK
GRANT (CDBG) FUNDS FROM VARIOUS SUB-GRANTEES TO THE L~ SOCIAL SERVICES OF
CALIFORNIA FOR THE *THURSDAYS MEAL' PROGRAM - In July 1991, Lutheran Social Services and the
South Bay Ecumenical Council started a weeldy meal program for homeless people. The "Thunday's Meal"
program currently serves 200 people, half of whom are ch~dren. The committee overseeing the program
has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social Services has
sent Council a letter requesting $2,500 to cover the cost of utilities, maintenance, and insurance. It is a one-
time request and immediately needed due to the rapid growth of the program. Unused CDBG social services
funds are available from various sub-grantees. Staff recommends approval of the resolution. (Director of
Community Development) 4/bth's vote required. Continued from the meeting of 4/27/93. Pulled from the
Consent Calendar.
Continued to the meeting of 5/11/93.
10. RESOLUTION17101 AUTHORIZING TEMPORARY STREET CLOSURES ON MAy 29,1993, FOR
A 5K/5 MII.R ROAD RACE SPONSORED BY THE BONITA ROAD RUNNERS The Bonita Road Runners
organization is requesting permission to conduct a 51(/5 mile road race around Rohr Park on Saturday,
5/29/93. Staff recommends approval of the resolution. (Director of Parks and Recreation)
11. RESOLUTION 17102 Pk.e-e-e-e-e-e-e-e-e~ING ON THE 'REPORT' OF THE ENGINEER, GMNG PllRI-IMINARy
APPROVAL, AND SETrING A TIME AND PLACE FOR THE PUBLIC HEARINGS FOR ~ DI~'IK[CT
NUMBER 92-2 (AUTO PARK) FOR JUNE 8o 1993 AND .nJNE 22, 1993 - On 3/23/93, Council adopted the
Resolution of Intention to order the acquisition and financing of the Auto Park development public
improvements, pursuant to the Municipal Improvement Act of 1913. The current resolution would continue
the formal proceedings leading to the establishment of the Auto Park Assessment District Number 92-2 and
constitutes the preliminary approval of the "Engineer's Report' as required by the Resolution of Intention.
In addition, the date, place, and time for the two required public hearings would be set. Staff recommends
approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING HOUSING AND COMMUNITY DEVELOPMENT NRR~S - For Fiscal Year (FY)
1993-94, the City will receive a Community Development Block Grant (CDBG) entitlement of $1,664,000
and anticipates receiving program income of about $524,670 from the CDBG Housing Rehabfiitation
revolving fund. Staff recommends that Council conduct the public hearing, accept the staff report on the
FY 1993-94 CDBG program, and direct staff to return on 5/18/93 with the funding recommendation report.
(Director of Community Development)
Mayor Nader stated public testimony would be taken with a decision being made in two weeks. Council
had received recommendations from the Human Relations Commission, the Commission on Aging, and the
Youth Commission. Staff recommendations would only be made after the conclusion of the public hearings.
Chris Salomone, Director of Community Development, irfformed Council the item to be considered next week
was focused only on a housing project. Staff did not intend to have the whole hearing again.
Recommendations from staff would come back on 5/25/93.
Councilmember l~indone stated the neighborhood based organizations were under the category of
Community Projects and were not subject to the 15% Social Service CAP and questioned why that was done.
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May 4, 1993
Page 6
David Harris, Community Development Specialist, responded the Community Projects were ones that were
proposed mainly by community organizations but did not fall under the Social Service cap because they did
not provide direct social human services to the public, They were more involved in economic development,
spot blight, neighborhood revitalization, and graffiti eradieatlon. The City would be able to fund those
without tapping into Social Service funds,
Councilmember Rindone stated he wanted staff to be sure there were no violations with the Federal
regulations. He requested that staff specifically, for each one of the agencies under the Community Projects
classification, provide a statement for support; why it was there and legally defensible.
Councilmember Horton questioned why the BioTeeh/HighTeeh Zone and Border Environmental Commerce
Zone were in two different categories.
Mr. Harris responded that the BioTeeb./HighTech Environmental Impact Report was a planning study and
may not result in job creation or actual economic development. Therefore, it was under the Administrative
and Planning category. The Border Environmental Zone Coordinator project invalved a non-profit
organization being set-up, hiring of a staff person to implement projects and to bring about economic
development, Therefore, it was put under Community Projects.
Councilmember Fox questioned whether the 20% cap for Planning and Administration was from the $1,6
million,
Mr. Harris responded the 20% cap applied to the entitlement which was the $1,664 million and the program
income, which came from the housing rehab loan repayments, which was $200,000.
Councilmember Horton questioned whether the Neighborhood Revitalization program included the widening
of Third Avenue close to Orange as it was a safety hazard.
Mr. Salomone stated the project was in the CIP from another funding source. Staff would review it to see
if it was eligible for funding.
Councilmember Rindone stated it had been a past staff referral and requested a response prior to the final
recommendations.
This being the time and place as advertised, the public hearing was declared open.
Those speaking on behalf of Lutheran Social Services - Project Hand:
· Bonnie Jerome-Edmonds, 580 Hilltop Drive, Chula Vista, CA
Those speaking on behaff of the Highfrech Biofrech Zone:
· W~liam C. Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, representing the Economic
Development Commission
· Curt Stephenson, 900 Lane Avenue, Suite !00, Chula Vista, CA, representing EastLake
Mayor Nader requested that Mr. Stephenson contact his office to set up a meeting to brief him on their
water program.
Those speaking on behalf of Harborside, Mueller, VLsta Square, Feaster, and Otay Schools ((~ula Vista
Elementary School Di,~rict - Playground) were:
· Pamela A. Page, 746 Mission Avenue, Chula Vista, CA, representing the School Side Council,
Teacher at Harborside School
· Bill Collins, 827 Halecrest Drive, Chula Vista, CA, Principal of Mueiler School
· Kathy Miller, 311 "I" Street, Chula Vista, CA, Teacher at Mueller School
· Matthew Dixon, 715 ~I~ Street, Chula Vista, CA, School Improvement Coordinator for Mueller School
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May 4, 1993
Page 7
· Angela BoyeL 741 Oaklwan, Chula Vista, CA, representing Mueller PTA
· Lalo Aceves, 670 Flower Street, Chula Vista, CA, Principal of Feaster School
· Kate Shutson, 84 East 'J" Street, Chula Vista, cA, representing Chula Vista Elementary
School District
· John Harder, 1 Sierra Way, Chula Vista, CA, Principal of Otay School
· John M. Nelson, 3855 King Street, La Mesa, CA, Principal of Vista Square School
Those speaking on behalf of Hermandad Me~cana Nacional Legal Center,
· Issa Gierrero, 148 E. 30th Street, National City, CA
Councilmember Rindone stated the request was for staff salaries and he was concerned that if provided the
organization would not be dependent on CDBG funds in the future.
Ms. Gierrero stated they were an independent organization and it was the tirst time they had requested
government funding.
Those speaking on behalf of the Southbay YMCA Aquatic Center were:
· Larry Cunningham, 255 "E" Street, Chula Vista, CA
· Pam Smith, 380 Third Avenue, Chula Vista, CA
Mayor Nader questioned whether the facility would be open to all children in the City.
Mr. Cunningham responded that no child was ever turned away from programs.
Councilmember Fox questioned how children from other areas of the City would get to the new facility.
Mr. Cunningham stated transportation would be provided. They currently used several vans and staff would
be working out the details in the future.
Those speaking on behalf of file U.S. Institute of Amateur A~lletics were:
· Robert Coons, 431 North Highland, National City, CA, Chief Executive Officer
· Danny Small, Boxing Coach for the Institute
· Dolores Velasquez, parent of child participating in the program.
Mayor Nader stated the Youth Commission had recommended only $5,000 and questioned whether that
amount would be beneficial or would it be better to give it to another project.
Mr. Coons responded they would not take the money if it did not fulfill their needs. The money would be
used toward the rent and private donations would have to be obtained to equip the facility.
Councilmember Rindone noted that the program served non-traditional youth and hoped that would be
taken into consideration by staff when making their recommendations. Many of those youths would not be
served by traditional programs.
Those speaking on behalf of ARC - San Diego, Starlight Center were:
· Anthony DeSalis, 1280 Nolan Avenue, Chula Vista, CA
Those speaking on behalf of file Border Environmental Comm,~xce Zone Coordinator were:
· Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA
· Dan Noble, Vice President of Environmental Business International, Member of Task Force
Mr. Noble stated there were no commitments by private sources since the entity had not been established.
The Task Force would consider venture funding, debt financing, formation of a joint powers association, and
defense reutilization funds.
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May 4, 1993
Page 8
Councilmember Rindone stated the application was for $100,000 and would be anticipated for an additional
two years. He questioned whether it would be requested through CDBG grant monies.
Mr. Noble stated it was not necessarily from CDBG funding, They were looking for a commitment on the
part of the City at some level.
Councilmember Rindone questioned what percent of $100,000 would be for the coordinators salary.
Mr. Noble stated the total budget was $200,000 which they would look to match with private funding. The
actual salary would be $70,000 - $75,000.
Councilmember Rindone stated Council had been firm in the use of consultant and also consultant salaries.
He wanted to make sure that nothing would be paid above the market rate.
Those ~peaking on behaff of the AIDS Foundation were:
· Elvira Martin del Campo, 580 H~ltop, Chula Vista, CA
· Beckie Mann, 4080 Centre Street, San Diego, CA, Development Director
Those speaking on behalf of the Southbay YMCA - S.rnrner Day Camp were:
· Gigi Michaels, 50 Fourth Avenue, Chula Vista, CA, Program Director
Those speaking on behalf of the Police/s,xtivities League (PAL) were:
· SgL Mike Becker, 276 Fourth Avenue, Chula Vista, CA
· Steve Palma, 176 Montgomery Street, Chula Vista, CA, representing the Otay Committee
Those speaking on bellaft of the Citizens Adversity Support Team (~ were:
· Kevin Hardy, 11345 A~'mity Court, San Diego, CA
Those speaking on behaff of the YWCA Banered Womens Services were:
· Cordella Ryan, 1012 "C" Street, Chula Vista, CA, Director
Those speaking on behalf of Episcopal Community Services - Outreach Health Education were:
· M. Jean Serafy, 3776 Fourth Avenue, San Diego, CA, Director
Those speaking on behalf of the Southbay Farn~y YMCA - Sunshine Co. Childcare were:
· Alberta Peaches Hartung, 1545 Malta, Chula Vista, Ca% Child Care Director
Those 8peakillg on behalf of the Commqnity Se~ice Celltel' for the Disabled - Chula Vista Job Club were:
· Royce Hamnik, 7707 Mission Gorge Road #125, San Diego, CA, Board of Directors
Mayor Nader requested that representatives of the various boards/commissions making funding
recommendations have a member available to answer Council questions when staff returned with funding
recommendations.
Those speaking on behalf of the Lauderbach Literacy Council - Chula V'tca Literacy Center were:
· Woody Grindie, 600 Anita Street, Chula Vista, CA, Co-Director
Mayor Nader stated there was a need to add as an emergency item to the Closed Session agenda the Igou
litigation.
MSUC (Nader/Fox) to add pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the
City of (~ula Vista to the Closed Session Agenda.
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May 4, 1993
Page 9
Council met in Closed Session at 6:34 p.m. and reconvened at 7:15 p.m.
The public hearing for Housing and Community Needs continued at 7:1S p.m.
Those speaking on behalf of Center for Women's Studies & Services - Project Safehouse and Holtine were:
· Laurine Baxter, 6455 LaJolla Blvd., LaJolla, CA, Director of Project Safehouse
· Betty White, 11849 Timara Way, S.an Diego, CA, Community Educator for Women's Studies
& Services
Those speaking on behalf of the Southbay YMCA - PRYDE Program were:
· Tina Willjams, 50 Fourth Avenue, Chula Vista, CA, Executive Director
Mayor Nader stated the Youth Commission had not recommended funding and questioned if they were at
the hearing.
Ms. Willjams stated they were at the hearing and did not understand the recommendation.
Those speaking on behalf of the MAAC Project - Nosotros were:
· Maritza Garcia, 45 Third Avenue, Chula Vista, CA
Those speaking on behalf of Adult Protective Services, Inc. - Southbay Adult Day Health Care Omte~ were:
· Nancy Hkchcock, 1421 Nolan Avenue, Chula Vista, CA, Program Manager
Those speaking on behaff of the Bop and Girls Club - Educational Enhancement and Targeted Ouweach
· W. Scott Mosher, 1301 Oleander Avenue, Chula Vista, CA, Executive Director
Councilmember Fox questioned the impact on the Targeted Outreach program if funding was lower than
requested.
Mr. Mosher responded they would have to defer the start of the program or try to obtain additional grant
funds. It was a new program and there had not been funding in the past.
Mayor Nader felt there was confusion regarding the program and requested that the Youth Commission be
informed it was a new program.
Those speaking in opposition to the South Bay Cornmllllity Services (SBCS) Commllllity Developnle!~
Corporation - Affordable Housing Development were:
· R. Hickey, 21 Fourth Street, Chula Vista, CA, stated she was the owner of six acres of undeveloped
property in downtown Chula Vista and had applied to the Planning Deparunent last year to build low rent
housing. She had been turned down and told Council did not want low rent housing. She asked why
Council was funding the project at 31 Fourth Avenue when it had not been approved by the Planning
Department.
Mayor Nader stated the question was as to the legality of having it on the agenda without the Planning
Depa~Lz.ent having acted upon it. It was not a change in use because it was an existing multi-family
bu~ding that would continue to be used for multi-fam~y housing.
City Attorney Boogaard responded the law did not require Planning Commission review of the issue.
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May 4, 1993
Page 10
Mrs. Hickey felt it was time to put things on the agenda regarding what the public sector could do for the
City. All the people were asking for something and the money had to come from somewhere. If the City
did not allow the private sector to invest in the City pretty soon there would not be a City.
Mayor Nader questioned whether Mrs. Hickey had submitted plans for her project.
Mrs. Hiekey stated she submitted them last year. She still had the six acres and wanted to put in the low
rent housing.
Mayor Nader requested that the Planning Department respond to Mrs. Hickey's comments next week, as he
felt the public had the right to hear both sides.
Councilmember Moore stated he liked what Mrs. Hickey said at the meeting more than anything he had read
in her correspondence. He questioned whether Council needed to stop and rethink what they were doing.
He felt the staff should sit down with Ms. Hiekey and discuss it.
Mayor Nader stated the comments made at the meeting made more sense than previously heard. After
receiving the first two or three letters from Mrs. Hiekey he was outraged and demanded to know what was
going on. Staff had informed Council that the applicant was not willing to build the project up to code or
City's standards. He did not want the impression left that an individual had made a good faith offer to the
City that the City was not willing to entertain. He wanted to see the plans that were submitted and what
was wrong with them. If there was nothing wrong, the project should move forward and the City should
take Mrs. Hickey up on her offer.
Those speaking on behalf of the Salvarion Army - Senior Nulxition Center Chula Vista were:
· Bill Molina, 1088 Sage View, Chula Vista, CA, Administrator, requested he be allowed to submit to
staff, by 5/14/93, additional information that could lower their request. It was possible there was
a private donation.
Mr. Salomone responded that staff would respond to the information and forward to Council.
Those speaking on behalf of the Senior Adult Services, Inc. - Meals-On-Wheels were:
· Dr. Roger Bailey, 2860 North Park Way, San Diego, CA
Those speaking on behalf of the Chula Vista Library - Chula V'Bta Literacy Team were:
· Bob Fenis, 826 David Drive, Chula Vista, CA, Volunteer
· Steve Landis, USS Harry W. Hill, San Diego, CA, Volunteer
· Ron Williams, Sea Vale, Chula Vista, CA, Member of Library Board of Trustees
Those speaking on behalf of the Southbay YMCA - Fam~y Stress Center were:
· Gail Edwards. 751 Third Avenue, Chula Vista, CA
Those speaking on behalf of the Chula V'~ta Connection - Day Care Center were:
· Elizabeth Stillwagon, 1512 Melrose Avenue, Chula Vista, CA, President
Mayor Nader questioned whether they were working with other organizations regarding potential funding.
Ms. Stillwagon responded they had received a lot of donations. Due to requirements of the Planning
Department regarding parking and an additional exit, the funds set aside for start-up would have to go for
those improvements. Their request was for start-up funds.
Mayor Nader requested that staff bring back information as to whether Council could consider some portion
of the request under Capital Improvements for the Planning Department mandated improvements. That
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May 4, 1993
Page 11
would release their funds for direct services to the care of children. He also requested that staff highlight
the reasons for any additional capital requirements being imposed by the City.
13. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-91-24; APPEAL OF THE P~G
COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET AND
CAR WASH AT 1498 IVII~J.ROSE AVENUE - The proposal was approved by the Planning Commission in
January 1992 and consequently appealed by Council in response to concerns with traffic impacts and an
over-concentration of alcohol sales facilities. Consideration of the appeal has been postponed to coincide
with reconsideration of the alcohol sales issue. Staff recommends the public hearinE be continued to
5/25/93. ((Director of Planning)
MSUC (Moore/Fox) to continue It'ms 13 and 14 to the meeting of 5/11/93.
14. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-93-10; APPEAL OF ZONING
ADMINIb-rF, ATOR APPROVAL OF REQ~ TO S~lJ. ALCOHOLIC BEVERAGES AT PROPOSED MINI-
MARKET AT 1498 I~II~I.ROSE AVENUE IN C-N ZONE - In January 1992, the Zoning Administrator
conditionally approved a request to sell beer and wine at the proposed Texaco mini-market at 1498 Melrose
Avenue in the C-N zone. The request was proposed under the City's recenfiy adopted Conditional Use Permit
(CUP) procedure for alcohol sales in the C-N zone. The decision has been appealed and has been scheduled
to coincide with the appeal of the CUP for the mini-market/car wash. Staff recommends the l~ublic hearin~
be continued to 5/25/93. (Director of Planning)
Continued to the meeting of 5/11/93.
15. PUBLIC HEARING PCIVI-93-16-CONSIDERATIONOFSlIIEETNAMESFORTI{VONEIAtPUBLIC
b'rKEETS WITHIN THE CHULA VISTA AUTO CENTER - The Chula Vista Auto Center master plan includes
construction of two public streets. The proposal is to designate "Auto Park Drive' as the street name for the
frontage street within the Chula Vista Auto Center and "Brandywine Avenue' as the project access street off
Otay Valley Road. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 17103 ADOPTING THE NAMES AUTO PARK DRIVE AND BRAI'a)YIIVINE AVENUE
FOR TI-IE TWO PUBLIC STREETS WITHIN THE CHULA VISTA ALlTO CENTER
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
RESOLUTION 17103 OFFERED BY COUNCILMEMBER HORTON, reading of the text was waived, passed and
approved unanimously.
ORAL COMMUNICATIONS
· Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated she was not eligible to use HandyTrans due
to income requirements and she wanted to see it changed. She felt all transit should be under one roof and
Dial-A-Ride instituted utilizing the local taxicabs. She felt it would be self-supporting. She wanted the issue
to be considered for a grant or come under HandyTrans next year.
Mayor Nader stated some of Mrs. Butler's concerns had been referred to the Human Relations Cornmission
and questioned whether they had met. He requested staff supply Mrs. Butler with information regarding
the grant process.
Minutes
May 4, 1993
Page 12
· Yvonne Apodaca, 268 1/2 Third Avenue, Chula Vista, CA, referred to her concerns regarding the
Downtown Business Association (DBA). She again requested the City Attorney take immediate action.
Mayor Nader requested that Ms. Apodaca submit her petition and information to Council. He questioned
whether it was true that the DBA Board was calling a general membership election between herself and
another member to fill the seat she had been appointed to.
Ms. Apodaca responded that was correct.
Mayor Nader noted there was an outstanding referral. He requested that the City Attorney give Council a
brief review of the workings and by-laws of the DBA and whether there was any gross inconsistency in their
organization.
City Attorney Boogaard stated there was some sense of urgency regarding the election for Ms. Apodaca's seat.
Ms. Apodaca stated the election was on 5/11/93 and would cost the DBA $1,300.
City Attorney Boogaard stated Ms. Apodaca was making an unusual contention in that she was not
contesting her election. In fact, she was saying that the boardmenbers, including herself, were not elected
by an election of the members as required by the by-laws. When the Board contested her seat they did not
have the authority to do so, therefore, the election they were proposing to call was not a valid act of the
board.
Counc~member Moore stated there was a referral to the City Attorney regarding the City's jurisdiction. He
felt that was the first step.
City Attorney Boogaard stated it was a private corporation. The City did have purse string control by virtue
that the City approved the budget that was paid out of the DBA surcharge on the business licenses and the
Kedevelopment Agency. The City had the discretion not to form the district and discretion to disband the
district.
Mayor Nader stated he had been approached by people stating they were not complaining and their position
had been misrepresented.
· Steve Molski, 352 Broadway, Chula Vista, CA, referred to the condition of the roads being repaired,
i.e. 'G' Street from First Avenue and again at Fourth Avenue to Broadway. There were holes and the road
was uneven. The road appeared to be finished as the strips were being painted.
John Lippitt, Director of Public Works, stated "G" Street from Fourth to Broadway was a sewer project which
he did not believe was completed. He was not familiar with the project on "G" Street and First Avenue.
Council did authorize the hiring of a utility inspector which would result in a more detailed inspection on
utility work. He would look into that particular project.
Councilmember Moore questioned the timeline from when the road will filled and then finished.
Mr. Lippitt responded it was two to four weeks. It was not finished immediately to allow for settling.
Councilmember Moore stated there was probably too much time delay between the fill and final finishing
and was something that should be followed better. He felt the public should be advised, possibly through
the quarterly newsletter, of the timeline on Broadway from "F" to "I~.
· Bruce Darby, 2840 Adams Avenue #202, San Diego, CA, representing Teamsters Local #481, CVT
Bus Drivers, distributed a survey/petition which was signed by nineteen drivers (approximately 40% of the
drivers) that wanted the City to consider giving the contract to ATC VanCom. Also included was a sample
Minutes
May 4, 1993
Page 13
of the wage scale that had been negotiated with the company. They had also acquired provisions for dental
coverage which was new. The wage scale reflected seniority for the current driven.
Mayor Nader stated the item would be coming before Council soon. He felt it extremely unlikely that he
would prefer a contract that did not assure job security for driven that had been loyal to the City; provided
that it also assured safe and adequate service to the public.
· Sol Oslaf, Palms Mobfie Estates, Chula Vista, CA, questioned who prepared the agenda. He had been
at the meeting for five hours and requested that when there was an agenda such as the one that evening
that the item they were there for be set earlier.
Mayor Nader stated there were approximately fifty people at the meeting that had attended for another
reason.
Councilmember Moore stated the previous item which took so long was a public hearing that had been
legally noticed to be heard at 4:00 p.m. Council was required to hear that item at the beginning of the
meeting. The item Mr. Oslaf referred to was not a public hearing and, therefore, was heard later in the
meeting.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
16. ORDINANCE 2551 AMENDING CHAPTER 9.50 OF THE MUNICIPAL CODE TO MAKE VARIOUS
CHANGES IN THE REGULATIONS REGARDING MOBII.RHOME PARKS (second readinsr and adonlion) - On
4/13/93, Council directed staff to return with an amendment that would allow enforcement of the
Mobilehome Park Space - Rent Review Ordinance. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Community Development)
Chris Salomone, Director of Community Development, informed Counc~ that since the introduction of the
ordinance, public hearings had been held to obtain input from the residents and park owners. The meetings
had been well attended. The Mobile Home Rent Review Commission felt it was prudent to place the
ordinance on second reading unchanged. Changes were contemplated and discussed at the public hearing
that could come back to Council at a future date. Staff felt the modifications were not major and would be
reviewed prior to the next Mobile Home Rent Review Commission meeting in 5une. The Commission also
directed staff to look at other ordinances that could address the situation, particularly the COIVIPAC model
ordinance. The Commission would review the ordinances, meet on 5une 3rd for another public hearing, and
make recommendations and possible modifications.
Councilmember Rindone stated he was distressed regarding the need for additional full time staff and a
proposal to have a fee of $50.00 per/space per/year to $125,000 to implement the program and pay for the
additional staff member. He felt staff needed to be creative in finding a way to adopt an ordinance that was
affectire without charging the residents $50.O0/year.
Mr. Salomone stated the fee was not in the ordinance but staff felt it prudent to notify Council that there
would be an impact on staff.
Mayor Nader suggested that staff needed to take the approach that there was a reason why there was a
Council appointed Rent Review Commission. He felt it more advisable to have staff provide intensive
training to the Commission than having a well paid prafessional staff member handle the equivalent function
Minutes
May 4, 1993
Page 14
of the American Arbitration Association. The intent of the Council in creating the Commission was to create
a citizen body that was capable of doing the job. He hoped staff would look at ways to make that happen
rather than imposing a per unit fee.
· Jean Lorenz, 1925-123 Otay Lakes Road, Chula Vista, CA, expressed concern regarding the 40% -
60% rent increase when a mobilehome was sold. She requested that "teeth' be put into the ordinance.
· Rev. Charles Dobbs, 354 Roman Way, Chula Vista, CA, representing Otay Lakes Mobile Home Park,
questioned how often the Commission had met over the last two years.
Mr. Salomone responded they had met four times over the last eighteen months.
Mr. Dobbs felt the frequency of the meetings was part of the problem the park residents had been facing.
He encouraged the Commission consider meeting on a more regular basis and requested Council place the
ordinance on second reading.
· Ralph Zahn, 275 Orange Avenue #120, Chula Vista, CA, Palms Mobile Estates, stated he did not
understand all the implications of the ordinance but ff the City Attorney stated it met the purposes, i.e.
"teeth" in the law, preserve affordable housing, prevent rent gouging, eviction, and loss of sale value it was
better than the existing ordinance. He recommended adoption of the ordinance.
· George R. Smith, 15420-157 Olde Highway 80, E1 Cajon, CA, representing COMPAC, felt the action
taken was only a first step and urged Council to study the LincolnVCOMPAC model ordinance.
· Jim Fraser, 444 Anita Street #101, Lynnwood South, Chula Vista, CA, stated the issue dealt with
two owners of properties and it was not the same as a rental on a home or aparu'nent. They were depending
on the Council to protect them.
· Ed Nagorski, 1925 Otay Lakes Road #80, Chula Vista, CA, President of the Otay Lakes Lodge
Homeowners Association, referred to past problems regarding rent increases and maintenance of the property
and mobilehome. The enforcement provision needed to be adopted to prevent rent gouging.
· Richard Kelton, 2716 Ocean Park Boulevard, Santa Monica, CA, part owner of Otay Lakes Lodge,
stated he was in support of the proposed ordinance. In reviewing past history regarding rent mediation with
fourteen residents he believed the problem that had occurred in the park was because in the past their policy
had been very considerate of long term residents. The rental structure of the park was signi~eantiy below
rental structures of other parks in the City with comparable spaces. He agreed there were two property
owners involved and felt the Council's role was to create equity between the two owners. Owners should
not be penalized for having exercised self-restraint in the past. They had never increased rents for existing
long term residents except on the occasion of a sale.
· Fred Dufrasne, #102 Otay Lakes Lodge, Chula Vista, CA stated the mediation Mr. Kelton referred
to was never finalized. Not one person of the group signed an agreement stating they would agree to any
increase in rent requested. The group was still in arbitration; it had not gone to arbitration due to staff, and
they had been requesting arbitration.
Mayor Nader stared the item before Council was a revised ordinance which would make the rent provisions
enforceable. He understood what did or did not happen in past rent mediation proceedings was of
significance to many people but Council was there to make a law that protected everyone's rights.
Councilmember Moore stated there were three areas of pursuit in the proposed ordinance if a resident felt
the rant increase was unjust: 1) civil courts - self funding by the homeowners; 2) fight to arbitration - which
required a homeowners association; or 3) waive the fight to arbitration and go the City Commission. He
felt the majority of homeowners would go to the Commission. There was also a new section for price
Minutes
May 4, 1993
Page 15
disputes would go to the Commission and the issue of resale could also go to the Commission. The
Cornmission workload would be heavy and the staff support would also increase. The Commission's decision
was reviewable by the Courts and he felt if he were on the Commission he would want legal representation
at the meetings.
City Attorney Boogaard stated it was his hope that the Commission could be trained so a member of his staff
would not have to be present during the hearings. Certain contested cases would probably require an
attorney's presence once in a while.
Councilmember Moore stated he was against the Commission dealing with resale as he did not feel that was
a rent control issue. He questioned how the City could have something that would not inundate the
Commission and still be fair to the present and future home owner and park owner. He felt there was metit
in a fee to help with the staff support. The fee should not just be assessed to the residents but also the park
olArners.
Mayor Nader suggested the Commission be well trained in the following: 1) use of a decision in one case
that had similar facts as precedent to determining the outcome of a future case that had similar facts; and
2) consolidating separate cases that had similar facts and parties into one proceeding. He felt the City
should try the ordinance to see how it worked as it was better than the present ordinance and would be
enforceable.
ORDINANCE 2551 PLACED ON SECOND READING AND ADOPTION BY COUNCILMEMBER RINDONE,
reading of the ten was waived, passed and apprnved unanimously.
17. RESOLUTION 17104 CONCEFFUALLY APPROVING THE WAIVER OF CERTAIN FRF_~ AND ~
FUNDING OF AN ACCESS ROAD ASSOCLATED WFrH 'fIIE BUILDING OF A VETERANS
HOME/RECREATIONAL FACIIJTY IN THE LOWER SWEETWATER VA~J~Y' PROVIDED IllAT TIIE ~il-l~ IS
SR! .RUt'F,I) BY THE GOVERNOR'S COMMISSI ON ON A SO~ CALIFORNIA VETERANS HOME - Council
unanimously adopted a resolution which conceptually approved the donation of land for the purpose of
building a Veterans Home facility provided that the site is selected. The Governor's Commission has
narrowed the list of proposals from thirty-two to four primary candidates which includes Chula Vista. Faced
with some tough competition from other candidates, the Cit~fs proposal needs to consider offering additional
project incentives in order to remain competitive. The Commission is expected to make final site selection
at their next meeting scheduled for 5/6/93. Staff recommends approval of the resolution. (Director of
Community Development)
Chris Salomone, Director of Community Development, stated staff had met with the Commission, shown
them the site, and felt there was a good possibility that Chula Vista could be chosen at their meeting on
Thursday. Their indication was that the competition was severe and the one issue that was unresolved was
the access road. Staff recommended conceptually approving funding the access road. Three sources of
funclings were offered and the staff preferred recommendation utilized Gas Tax. The Gas Tax would
accumulate at approximately $75,O00/year and, therefore, not have a general impact nor prohibit a project
that was currently underway. The City would be reimbursed by the benefiting parties, i.e. the City, IPG,
Morras, and possibly KOA. Morras and lPG had agreed to reimburse the City.
MS (MooreVHorton) the City would agree to the staff recommendation of reimbursement from all property
owners but the condition of the City contribution for the Veteran's Home would depend upon the size and
calx~er of the joint recreation facility.
Mayor Nader stated he would support the motion and felt it had been made clear to the Veteran's
Commission that it was not a condition of the City's participation but part of the project. It was his
understanding that additional land may have already been donated for recreation as part of the development.
Minutes
May 4, 1993
Page 16
Mr. Salomone stated KOA had been included as a possibility because of the legal settlement that had already
occurred. The other two properW owners had agreed to the reimbursement. Staff would attempt to fund
the road from the $30 million for the project which was the ideal solution.
Councilmember Moore felt if the City donated fourteen acres, the people receiving the donation could
contribute their share of the street.
Mr. Salomone stated it was not guaranteed, the members of the Commission had stated the City should fund
the street in order to be selected. Other cities had offered utilities, access, funding mechanisms, additional
land, etc.
Councilmember Moore questioned why the City would want the facility.
Mr. Salomone responded it would create 2S0 high-skilled jobs that were funded and permanent. There
would also be spinoff benefits, i.e. laundry, drug suppliers, food suppliers, etc.
City Manager Goss felt such a facility would also draw visitors from throughout the State. The City's
transient occupancy tax could also go up.
Mayor Nader stated two other reasons he would like to see the facility located in Chula Vista were: 1) need
in the region for veterans housing; and 2) a way to get recreational facilities that otherwise, due to funding
constraints, was difficult.
Ron McElliott, representing Income Property Group, stated one of the criteria for the site selection process
was the proximity of the future home to recreation. They had been specific in saying that one of the
recreational am-ibutes was the facilities offered by the City. Another consideration was the recreational '
vehicle park because the families that visited the veterans considered it an amenity.
Bill Ayers, 44 E. Mankato, Chula Vista, CA representing of the Fleet Reserve, VFW, and American Legion,
stated other cities were offering a 'bushel basket' of amenities. He requested that Council pass the
resolution and enhance the package.
VOT~ ON MOTION: approved unanimously.
I~SOLUTION 17104 OFF~IED BY COUNflI.MEMBER RINDOld, reading of the text was waived, passed and
approved unanimously.
ITEMS pUIJJ~n FROM THE CONSENT CALENDAR
Items pulled: 6, 7, 8, and 9. The minutes will reflect the published agenda order.
OTHER BUSINESS
18. CrlY MANAGER~5 REPORTfS)
a. Scheduling of meetings.
19. MAYOR~ REPORT(S)
a. Discussion of County Prisoner Release Policy. Continued from the meeting of 4/27/93. Continued
to the 5/11/93 meeting.
Minutes
May 4, 1993
Page 17
20. COUNCIL COMMENTS
Councilwoman Horton
· Authority to obtain a permit for a community forum on gangs and graffiti. Continued to the
5/11/93 meeting.
Councilman Moore
· Solid waste update. Continued to the 5/11/93 meeting.
· Discussion and potential action regarding next phase of Memorial Park improvements (i.e. location
of new rest room, expansion of museum, etc.). Continued to the 5/11/93 meeting.
ADJO~
The City Council recessed at 10:37 p.m. and reconvened at 10:43 p.m. to meet in a closed session to discuss:
Pending litigation pursuant to Govemment Code Section 54956.9 involving the Clean Water Act -
i.e., E.P.A., et. al. vs. City of San Diego, et. al., City of Chula Vista, amicus.
Potential litigation pursuant to Government Code Section 54956.9 - Institution of litigation by the
City of Chula Vista against the County of San Diego relating to the expansion of Canyon 3 on the
Otay Land Fill.
ADJOURNMENT AT 11:45 P.M. to the Regular City Council Meeting on May 11, 1993 at 6:00 p.m. in the
City Counc~ Chambers.
A Meeting of the Redevelopment Agency convened at 10:37 p.m. and adjourned at 10:40 p.m.
Respectfully submitted,
BEVERLY k AUTHELET, CMC, City Clerk
~C ~ '~
Vicki . Soderquist, Deputy k