HomeMy WebLinkAboutcc min 1993/05/18 MI~ OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHIJIA VISTA
Tuesday, May 18, 1993 Council Chambers
6:09 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PI.EI~GE OF AI J .EGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: May 4, 1993.
MSUC (Moore/Rhdone) to approve the minutes of May 4, 1993 as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending the Racers Against Aids 0LA.I.D.S.) Team - The proclamation was
presented by Mayor Pro Tern Rindone to Thad Tinney and Lance Mears, founders of the R.A.I.D.S.
Foundation.
CONSENT CALF3qDAR
(Items: 5a, 5b, 6, 8, 12, 13, and 14)
BALANCE OF THE CONSENT C,.AL~NDAR OFFERED BY COUNCIIAMEMBER RINDONE, reading of the text
was waived, passed and approved unartimously.
5. WRITfEN COMMUNICATIONS:
a. Letter requesting an ordinance whereby the property owners would be respons~le for rnalrllldllillg
any and all tree branches and vegetation that extand beyond propen'y lines George and Riette Suzzette
Ormond, 411 Kearney Street, Chula Vista, CA 91910. It is not recommended that adoption of a City
ordinance regulating encroachment of plant materials on neighboring property be pursued. Pulled from the
· Robert and Riette Ormond, 411, Kearney Street, Chula Vista, CA, informed Council they were being
deprived of the enjoyment and use of their property. They requested that an ordinance be passed requiring
property owners to take care of everything planted or housed on their property.
City Attorney Boogaard responded there was a self-help remedy but Mrs. Ormond did not f'md that
satisfactory as she was concerned regarding liability if the tree was damaged. He had offered to u'y to
mediate the problem with their neighbor but Mrs. Ormond refused to give him the phone number became
she felt legislation was the appropriate solution. His office would not recommend more legislation if they
could not first txy a civil remedy between the neighbors.
MS tYoX/Mooro) to approve staff recommendation.
Councilmember Rindone hoped the Ormonds would provide the information to the City Attorney to see if
he could assist them in their problem.
Minutes
May 18, 1993
Page 2
VOTE ON MOTION: approved unanimously.
b. Letter requesting support of Resolution opposing shift in property tax revenues away from City and
County governments - Eliseo Medina, S.E.I.U. Senrice Council, 4004 Kearney Mesa Road, San Diego, CA.
92111. It is recommended that Council adopt the proposed resolution. Pulled from the Consent Calendar.
RESOLUTION 17117 OPPOSING THE REDUCTION IN PROPERTY TAX ~ FOR CITY AND
COUNTY GOW_.RNMF, NTS AND URGING THE STATE LEGISLATURE TO SEEK ALTERNATIVE METHODS OF
FUNDING EDUCATIONAL SERVICKq
Denise Moreno Ducheng, 722 Sicaro Street, San Diego, CA, representing the Association of Latino
Community College Trustees, stated they were trying to get everyone on board with the State Legislature
regarding the need to fred other ways of balancing the budget without pitring Prop 98K12 against local
services. The community colleges had supported the extension of the sales tax hoping it would mitigate the
problem and not result in the shifting of the property tax monies. There were many suggestions as to how
the State could augment their general fund budget.
Councilmember Rindone questioned whether Ms. Ducheng was representing the Community College Board
of Trustees.
Ms. Ducheng stated she was not representing the San Diego Board per se, she had been working together
with a newly formed coalition. The San Diego Community College Board had not taken an official position.
The position she expressed was as a State-wide Community College Trustees position.
Councilmember Rindone stated the way he read the resolution it pitted education against the cities. He
agreed with what she was representing, i.e. not wanting to pit the cities against the schools. He was afraid
that would not be the interpretation if the resolution was approved as drafted.
Ms. Ducheng stated the point was that the State needed to find funding for education but not by using the
property tax shift.
City Manager Goss recommended the item be referred to staff so a corrected resolution could be brought
back at the 5/25/93 meeting for consideration.
MS (Rindone/Moore) to refer to staff to come back with a resolution that ind/cated and recognized that as
an institution education was a number one priority, but not look at shifting the $2.6 billion out from
property tax revenues from the cities, and request they find an alternative funding source to meet the needs
of the dties as well as education,
Mayor Nader suggested Council not refer just to the proposed property tax shift, as the cities did not want
to support any tax shift from the local governments, and add something to the last "Whereas" clause which
would state "seek alternative methods of funding much needed State-wide educational services which do not
take revenues from local governments". He felt that would make it very clear they needed to follow the
mandate of Prop 98 without cutting into public safety services, youth recreation services, etc.
Councilmember Rindone stated the motion did not give specific direction for wording, but an emphasis of
not pitting the cities against the schools and the schools against the cities.
VOTE ON MOTION: approved unanimously.
6. ORDINAN(~ 2558 IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM
ON THE ISSUANCE OF LAND USE PEILM1TS, INCLUDING CONDITIONAL USE PERMITS, FOR USE OF LAND
AS AN ADULT-ORIENTED RECREATION BUSINESS FOR A PERIOD OF NINETY DAYS, EXCEPT
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May 18, 1993
Page 3
APPLICATIONS FOR AND PROCESSING OF SUCH USE PERMITS MAY BE ALLOWED UPON CONSENT OF
COUNCIL (urllency) - Concern has been expressed wihh respect to a pending application for an adult-
oriented night club at 2350 Main Street that the City's existing regulations for adult-oriented recreation
businesses as itemized in Section 19.58.024 of the Municipal Code may not adequately protect the public
health, safety and welfare. In order to provide a reasonable period of time to study the regulations for
possible amendment, and to ensure that any application accepted, processed and/or approved by the City
is consistent with any such amendment, it is appropriate to adopt as an interim, urgency measure a 90-day
moratorium on the acceptance, processing and/or approval of applications for adult-oriented recreation
businesses. Staff recommends Council adopt the urgency ordinance. (Director of Planning) 4/5th's vote
required. Pulled from the Consent Calendar.
City Attorney Booguard stated there had been a revision to the proposed ordinance, a copy of which had
been presented to the applicant and Council. The moratorium, ffpassed, would be not just on the issuance
of permits but also on the processing of applications and receipt of applications unless the Council, at a
hearing, granted a particular applicant the right to have their application processed and received by the City.
The notion being that if the City spent a lot of time processing a particular application under a zoning
ordinance that could at the end of ninety days be changed as a result of the proposed study that time would
have been wasted. There had been litigation threatened in the particular case and he recommended that
after hearing from the public he be entitled to take Council into Closed Session to discuss the eminenfiy
threatened litigation.
· Fred Levy, Rancho Santa Fe, San Diego, CA, owner of Pure Platinum, stated in December, 1992 he
had made an application for an adult license in the City and had been told there were two prerequisites that
were mandatory, i.e. zoning and distances. He was told that within two weeks he would either be denied
the license or it would be an over the counter issue. They were in the properly zoned area and within the
distance requirements. He had been told the application would be sent to the police department for
processing where it would be approved or denied. It was now May and he was still not getting any answers.
He had expended a lot of money and time and he did not feel the City's actions were legal.
Mayor Nader stated he had not intended, by any comments made, to cast dispersions on people employed
by Pure Platinum. His concerns were with the impact a business of that sort could have on the surrounding
community which he felt Council was entitled to look at. He questioned whether alcohol would be served
at the facility.
Mr. Levy responded it would and they would have to abide by the ABC rules. His club had been in San
Diego since 1947 and he had as many as forty clubs throughout the country and had never had a liquor
license denied or suspended.
· Marc Weiss, 1550 Broadway, Chula Vista, CA, representing the property owners, stated they had
complied with all requests, under the law, and had not been given a straight answer by the Planning
Department. He was upset by the arbitrary decisions made by Council. According to the City Code, Council
could not do that and had over-stepped their bounds. He then reviewed the applicable zoning sections. He
stated the area needed jobs. The impact upon Mr. Fuller's business also needed to be taken into
consideration during the process. He could be affected on where he could move, why he could move, when
he could move, if the application process was withheld. He had a financial interest in the property and
could suffer from negative press.
Mayor Nader stated Mr. Fuller had been quoted as saying he did not support the transaction but did not
have any control because he was a minority share owner. He felt there needed to be a review of land use
in the area and that Mr. Weiss had made a case for including it in the Redevelopment Project Area.
· Greg Jinokio, 930 W. Washington #9, San Diego, CA, Attorney representing Fred Levy, stated he
had serious concerns on how the City had handled his client's request for application. The issue before
Council was an urgency ordinance and it was his understanding of the law that Council was without
Minutes
May 18, 1993
Page 4
authority to enact an urgency ordinance without making a finding that there was a current and immediate
threat to public health, safety and welfare of the City. Given the fact that his client's application and no
other engendered the proposed moratorium; given the fact that to his knowledge there was only one other
adult entertainment facility in the City and that one being several miles from his clients proposed site; given
the fact that according to the Planning Staff it was the first application for adult entertainment facility to
cross their desk in ten years; and, given the fact his client's application had been pending before the City
since December, 1992, he wanted the City Attorney to articulate the current and immediate threat to the
City that would justify Council enacting the ordinance.
City Attorney Boogaard stated he had recommended Council make six findings related to the urgency which
were contained in Section 6 of the proposed resolution which was already a matter of public record. He did
not think he could add anything to the proposed fmdings beyond the six items.
Mr. Jinokio stated they dealt with generalizations and the City was not dealing with a flood of applications
like they were in the City of ha Mesa when they put their moratorium in. It was a single application, a
single business that would be affected, and he did not feel that constituted a current and immediate threat.
He had read a lot of ~garbage' during the week attributing negative characteristics to his dient's business
which were simply untrue and felt it was incumbent upon Council and members individually, in light of the
fact the ordinance was aimed solely at his client, in light of the fact that the ordinance would affect only
his client's business, for Council to take a look at the type of business they were going to propose to keep
out of the City. It was not a peep show, book store, or adult theater, it was a first-class entertainment
facility with valet parking. Council should not be influenced by false perceptions of what the business was.
It would not hurt the City, result in increased crime, or degrade women, it would result in a lot of jobs.
City Attorney Boogaard stated it was not a proposal to bar the use, it was a proposal to delay applications
or permits until Council could study the proposed use. The proposed resolution directed staff and the
Planning Commission to do a thorough study of all types of adult oriented uses within the purview of the
ordinance, compare it with statistics collected within the County, State, and Nation.
Mayor Nader stated the issue and hole in the redevelopment area were not brought to his attention until
approximately two weeks ago. Apparently there was something filed with the City back in December and
sometimes staff did not spot an obvious issue at the counter and bring it promptly to the policy makers
attention. If it had been done it would have been appropriate to act upon the item earlier. He felt he had
a little knowledge on the issue and he had a different picture than the one painted. He questioned whether
the business was live topless entertainment and how Council could educate themselves.
Mr. Jinokio responded it was live topless entertainment. He was willing to request that some of the
entertainers come and address the Council as to their feelings, bring in photographs, or have Council go to
their business.
Mayor Nader requested information that distinguished their business or guaranteed the City that it would
not cause the problems commonly associated with such establishments, be provided within the ninety day
period. He felt such an establishment raised public concerns and Council was within their rights to address
the issue.
Mr. Jinokio stated he was aware of the problems the type of business could attract. He would be pleased
to work with the City Attorney to alleviate any concerns.
City Attorney Boogaard stated the Closed Session would deal only with the legal aspects of the eminently
threatened litigation and if there were any other public policy statements Council wanted to make before
or after that, they should be made in public.
* * * * Council met in Closed Session at 10:37 p.m. and reconvened at 10:52 p.m. * * * *
Minutes
May 18, 1993
Page S
ORDINANCE 2558 OFFERED, AS AN URGENCY, BY MAYOR NADF. R, reading of the text was waived, ~
and approved unanimously.
MSC (Nader/Moore) to approve the completion of the agenda past 10:30 p.m. Approved 4-1 with Horton
opposed.
7. ORDINANCE 2557 PREZONING LOS A(~.F,S LOCAFr_.D AT 4045 PALM DR1VE TO RF, SIDENTLAL
ESTATE ('RE') ZONE, MAKING NECESSARY FINDINGS fsecond readinlz and adoption) - The applicant
desires to construct a single family dwelling which requires provision of City sewer service. Annexation is
necessary in conjunction with extending service. The subject prezoning is required by the Local Agency
Formation Commission (LAFCO) as part of the annexation process. Staff recommends Counc~ place the
ordinance on second reading and adoption. (Director of Planning)
8. ORDINANCE 2556 AMENDING EXHIBIT A OF ORDINANCE 2546 ADOPTING CALIFORI~ffA
COASTAL COMMISSIONS JANUARY 15, 1993 ACTIONS ON THE CI'iY'S LOCAL COASTAL PROGRAM
RESUBMITFAL NUMBER EIGHT AND ACCEPTING AND INCORPORATING MODIFICATIONS TO ~
SPECIFIC PLAN (first readinN) - On 1/15/93, the California Coastal Commission adopted Local Coastal
Program (LCP) Number Eight for development of the Midbayfront with modifications that were acceptable
to City staff and consultants. Council adopted and authorized the California Coastal Commission actions
on 3/16/93. However, one Coastal Commission modification to the Specific Plan was not included. Staff
recommends Council place the ordinance on fffst reading. (Director of Community Development) Continued
from the meeting of 5/11/93. Pulled fi-om the Consent Calendar.
· Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, questioned why the fiscal impact statement
was placed in the staff report and if it had any bearing on the action being requested. He further questioned
whether Council agreed that the figure of $84,4 million was correct for the present value of the project and
whether that would have any bearing on the negotiations with Mr. Barkett.
Mayor Nader stated there was a policy that required staff, in each report, to discuss the fiscal impact of the
item. The figures listed were a consultants estimate.
Mr. Garcia stated he was concerned that Council protect the public. He felt Council had ~given away the
farm' in their past negotiations with Mr. Barkett.
ORDINANCE 2556 pLAt~.I~ ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text was
waived, passed and approved unanimously.
9. RESOLUTION 17118 ACCEPTING THE DONATION OF TRAVEL EXPENSES TO AIiKND
SOUTHWEST REGIONAL ENVIRONMENTAL DIALOGUE PROJECT IN SEDONA, ARIZONA, JUNE 14 AND
15, 1993 - SDG&E has invited a representative of the City to attend this environmental conference. Staff
recommends approval of the resolution. (Administration)
10.A, RESOLUTION 17119 AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FUNDS: 1)
RECEIVED THROUGH A GRANT FROM THE STATE OFFICE OF TRAFFIC SAFETY' ($13,000); 2) RE(TLB?F_,D
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GENERAL FUND EXPENSES
INCURRED DURING THE CIVIL UNREST OF MAY, 1992 ($17,000); AND, 3) DEPOSITED INTO FUND 218,
ASSET SEIZURE ($6,150) TO PURCItASE AND EQUIP A MOBILE EMERGENCY COMMAND POST - The item
will enable staff to proceed with the development of a mobile emergency command post (MECP). The
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May 18, 1993
Page 6
proposed MEGP will provide the Police and Fire Departments with a fully-functional, state-of-the-art
equipped, mobile command and communications station. The MECP will be used to command field
operations during critical incidents, natural disasters, sobriety checkpoints, and to meet community policing
needs. Additionally, the MECP will be used at community events. The proposed funding provides for the
MECP to be purchased and equipped at no cost to the General Fund. Staff recommends approval of the
resolutions. (Chief of Police) 4/Sth's vote required.
B. RESOLUTION 17120 AUTHORIZING THE SUBMITFAL OF A GRANT APPLICATION TO THE
FEDERAL E//IF~GENCY MANAGEMENT AGENCY TO PROVIDE MATCI-HNG FUNDS TO OFFSET COSTS
RELATED TO THE PURCHASE OF COM1VIUNICATIONS EQUIPMENT FOR A MOBILE E1VIERGENCY
COMMAND POST
11. RESOLUTION 17121 ACCEPTING BIDS AND AWARDING CONTRACT TO KNOX RI.RCTRIC INC.
FOR TRAFFIC SIGNAL INSTALLATION AT THIRD AVENUE AND ANITA STREET - On 4/28/93, sealed bids
were received from seven electrical contractors for the installation of traffic signals at Third Avenue and
Anita Street. The low bid of $53,035.34 was received from Knox Electric, Inc. and is below the estimate of
$59,880. Staff recommends approval of the resolution. (Director of Public Works)
12. RESOLUTION 17108 APPROVING AN ~IViENT TO THE CI-IULA VISTA PORTION OF THE
1992-99 REGIONAL TRANSPORTATION IMPRO~ PROGRA1VI ('RTIP) AND AUTHORIZING ITS
SUB1VIITfAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) - The second amendment
to the RTIP will be directed primarily at changes for the second year of the 1992-99 RTIP or for Fiscal Year
CFY) 1994. Changes to FY 1993 necessary to carry over projects or funds to FY 1994 will also be considered
by the SANDAG Board of Directors. Project or funding changes beyond FY 1994 will be considered as part
of the development of the new 1994-2001 RTIP. In June 1993, SANDAG will be mending the 1992-99
RTIP. Staffrecommendsapprovaloftheresolution. (DirectorofPublicWorks) Continued ~'om the meeting
of 5/11/93. Pulled fi~m the Consent Calendar.
Mayor Nader felt some of the money should be spent on other sources; if not in the current funding cycle,
in future funding cycles under the program. He suggested, due to the timeline, that when reviewing the CIP
budget there be a discussion regarding Council's priorities for future submittals for the program.
John Lippitt, Director of Public Works, recommended that if there was no CDBG funding for Fourth Avenue
between Del Key and Orange that Council add it to the list as there would be funds available.
MSUC (Nader/Fox) to add the Fourth Avenue project from Del Rey (Chula Vista Adult School) to Orange
to the RTIP.
Councilmember Rindone stated he wanted it understood that the item was added as #15 but did not reflect
any particular priority by Council.
Mayor Nader stated he wanted more extensive discussion of all transportation priorities. He felt the item
should be brought to Council well before it was finalized and sent to SANDAG.
RESOLUTION 17108, AS AMENDED, OFFEYED BY COUNCILMEMBER FOX, reading of the text was waived,
passed and approved unanirnoll$1y.
13. REPORT PETITION FROM NEIGHBORS REGARDING PARKING PROBLFAVIS ¥VITH
AUTO REPAIR SHOP AT REAR OF 363 'li' :~'i'REET - On 3/2/93, Council considered a petition from
surrounding residents regarding parking and other problems associated with an auto repair shop located at
the rear of 363 "E" Street. Staff was directed to meet with the neighbors and business owners, review
Minutes
May 18, 1993
Page 7
previous Council action on the issue, and report back within 30 days. Staff recommends Council accept the
report and direct staff to monitor the situation and report back no later than 8/1/93. (DirectorofBuilding
and Housing and Director of Planning) Continued from the meeting of 5/1/93. Pulled from the Consent
Ken Larsen, Director of Building and Housing, stated Superior Auto Body, which subleased to J & L Auto
Repair, which staff felt was one of the prime contributors to the problems had terminated the leasing
arrangement and that particular property would now be under the direct use of Superior Auto Body. Staff
felt that for a sixty or ninety day period there was consent from that property owner their use would be
significantly different than that of J & L Auto Body. An issue had arisen regarding access from the Superior
Auto Body site to the J & L Repair site. To gain access they would have to cut through a twelve foot high
solid masonry wall. Superior Auto Body had been very cooperative and had met many of the concerns raised
by the community.
MS CMoore/Rindone) to accept the staff report and recomrn~adation.
· Heinz Hemken, 183 Glover Avenue, Chula Vista, CA, stated the problem had been going on for years
and a penanent solution should be found that was satisfactory to all parties. Superior Body Shop had
agreed to terminate the sublease to J & L, which was a great step towards solving the problem. Using the
alley as a main entrance created a problem for everyone and he felt the best solution was to fully integrate
the section by opening a passage and connecting the properties. The solution would be of benefit to the
neighbors and the auto body shop. Once J & L was relocated, he requested Council take steps so that no
business would be allowed to operate independently from the gate at the alley behind 363 'E" Street.
VOTE ON MOTION: approved unanimously.
Council recessed at 11:10 and met as the Redevelopment Agency, Council reconvened at 11:33 p.m.
14. REPORT RESPONSE TO STATEMENT BY MS. REGINA HICKEY THAT STAFF HAS
DISCOURAGED AN AFFORDABLE HOUSING PROJECT - At the Council meeting on 5/4/93, Ms. Hiekey
stated that she had submitted plans last year for a low-rent housing project, but had been discouraged by
the Planning Dept based upon their opposition to affordable housing. Council directed staff to respond in
one week. Staff recommends Council accept the report. (Director of Planning) Continued from the meeting
of 5/11/93. Pulled from the Consent Calendar.
MSUC (Nader/Fox) to approve staff recommendation and direct staff to look at bringing back a
recommendation on the advisability of returning to the standards on minimum square footage enforced in
1969.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RFJATED RESOLUTIONS AND ORDII'qANfTI?_,;
1S. PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM PRE-SR-12S DEVELOPMENT
IMPACT FEE AND TO CONSDER MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT
IMPACT FEE - Consideration of an interim SR-125 report, adoption of an interim pre-SR-12S Transportation
Development Impact Fee and modification of the existing Transportation Development Impact Fee. Staff
recommends that the Dublie hearir~ be continued m 6/8/93. (Director of Public Works)
This being the time and place as advertised, the public hearing was declared open,
Minutes
May 18, 1993
Page 8
MSUC {Nader/Rindone} to continue the public hearing to the meeting of 6/8/93.
16. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-93-16; REQUEST TO CONSTRUCT A 60
FOOT t~.U.ULAR ANTENNA AND COMMUNICATIONS EQUIPMENT SHELTER AT 779 ANITA STREET -
APPLICANT: PACTEL t~EI.I.ULAR - PacTel Cellular is proposing to construct a 60 foot high cellular anteBna
and communications equipment shelter in the IL-P Zone located at 779 Artira Street immediately adjacent
to Interstate S at the southwest comer of APN 662-102-12. Staff recommends approval of the resolution.
(Director of Planning}
RESOLIJTION 17122 APPROVING PCC-93-16, A REQDEST TO CONb'IRUCT A 60 FOOT
CEIJ.~ ANTENNA AND COMMUNICATIONS EQUIPMF2~ SHELTER IN THE IL-P ZONE LOCATED AT
779 ANITA STREET IMMEDIATELY ADJACENT TO INTERSTATE S AT THE SOUTHWEST CORNER OF APN
622-102-12
Councilmember Rindone questioned the location of the closest antenna and whether the new facility would
serve vehicles on 1-805. He further questioned whether they would need to locate other antennas within
the City in the future.
Julie Huddle, 5355 Mira Sorrento Road, San Diego, CA, representing PacTel Cellular, stated their closest
antenna was on Mr. Miguel. The proposed antenna would cover par~ of 1-80S. They had an antenna at
Sweetwater and 1-805 and the combinations of the two would cover the area. They did not anticipate
placement of another antenna within the City in their five year plan, but as customer demand grew and the
capacity of the system diminished, there was a possibility. The antenna would not be as tall.
This being the time and place as advertised, the public hearing was declared open.
Marc Weiss, 1550 Broadway, Chula Vista, CA, questioned whether approval by Council would preclude a
competitor from putting a cell site in the vicinity.
Martin Miller, Associate Planner, informed Council that staff had learned that U.S. West was looking at
property next to the proposed location, but until an application was received, staff could not make further
comment.
Ken Lee, Assistant Director of Planning, stated the approval by Council would not preclude the locating of
another antenna. If the proposal was approved by Council, it would give the City a test case.
Councilmember Horton questioned whether PacTel offered service in the City.
Ms. Huddle responded they did but the service coverage was poor. The company had recently funded
development of the South Bay area. She stated PacTel was willing to look at a co-location as an option.
There being no further public testimony, the public hearing was declared closed.
RESOLUTI ON 17122 OFI~Ia~,ED BY COUNCILMEMBER RINDONE, read~qg of the text was waived, passed and
approved 4-1 with Horton opposed.
17. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-93-26; REQUEST TO ESTABLISH AN
EDUCATIONAL F/~LrlY AT 660 BAY BO~ARD (NATIONAL UNIVERSITY) - FOSTER PROPERTIES - The
applicant, Foster Properties, in connection with the potential lease of the property to National University, .
has submitted an application for a Conditional Use Permit to establish a university/continuing education
facility in an existing office/research structure in the I (General Industrial) zoning district at 660 Bay //
Boulevard, not to exceed 150 students and 10 staff. The property is in the Coastal Zone and subject to the
Minutes
May 18, 1993
Page 9
Local Coastal Program and Bayfront Redevelopment Plan. Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 17123 APPROVING PCGg3-26, A REQUEST FOR A CONDITIONAL USE PERM1T
FOR A COBFrlNUING EDUCATION tUNIVERSITY FACILITY AT 660 BAY BOULEVARD IN THE I
INT)Ub'I'RIAL) ZONIlqG DISIRICT
Ken Lee, Assistant Director of Planning, inforrned Council the Planning Commission vote was not unanimous.
The no vote was due to concern regarding the number of parklng spaces provided.
This being the time and place as advertised, the public hearing was declared open.
Murray Cook, 4025 Camino Del Rio South, San Diego, CA representing National University, informed
Council the parking was equal to that of their Mission Valley site. They had a five year lease on the building
with options to continue.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 17123 OFFERED BY COUNCIIJdEMBER RINDONE, reading of the text was waived, passed and
approved uBanlmously.
18. PUBLIC HEARING CONSIDERINGCOASTALDEVELOPMENTPERMrFNDMBER63TOALLOW
AN ACADEMIC UNIVERSITY TO BE LOCATED AT 660 BAY BOULEVARD The project proposal entails
National University utilizing approximately 8,000 square feet of existing office space within an Industrial
General Area of the Bayfront Coastal Zone. Environmental Review of the project has been conducted and
Negative Declaration IS-93-28 was issued. A Conditional Use Permit and a Coastal Development Permit will
be required, Staff recommends approval of the resolution, (Director of Community Development)
RESOLUTION 17124 ADOPTING NEGATIVE DECLARATION IS-93-28 AND ISSUING COASTAL
DEVELOPMENT PERMIT NUMBER 63 TO ALLOW AN ACADEMIC UNIVERSITY AT 660 BAY BOULEVARD
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 17124 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and
appreved unanimously.
ORAL COMMUNICATIONS
· Mary Hayrues, 1423 Eckman Avenue, Chula Vista, CA, expressed her concern regarding crime and
graffiti in the City. She urged Council to fund $1,S00 to the Otay Youth Development Committee for a
Youth Center in the Otay area. The funds would cover required insurance to allow the group to use the
MAAC facility.
· Joseph Garcia, 484 Fifth Avenue, Chula Vista, CA, questioned what action Council was going to take
on the letter he distributed. He expressed concern regarding the usage of sewer funds for purchase of the
GIS system.
Mayor Nader requested that Mr. Garcia's letter be docketed on the 5/25/93 Council agenda under 'Written
Communications'.
Minutes
May 18, 1993
Page 10
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
19. RESOLUTION 17125 APPROVING THE 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) BUDGET AND AtrlI-IORIZING SUBIVIrFr/~j, OF TI-]E CDBG APPLICATION, FINAL STATEIVff, ANI)
CERjI'INCATIONS TO THE U.S. DEPARTMENT OF HOUSING ANI) URBAN DEVELOPMENT - In Fiscal Year
1993-94, the City will receive 1,664,000 in CDBG entitlement funds and anticipates receiving other program
income of about $642,672. Staff recommendations are summarized in the Proposed CDBG Budget. Staff
has thoroughly considered the recommendations of several advisory commissions and committees and the
comments made at the public hearings. Staff recommends approval of the resolution. (Director of
Community Development) Continued from the meeting of S/11/93.
Chris Salomone, Director of Community Development, stated the short term housing project was the subject
of some controversy and staff would be recommending that funds for that project come from Redevelopmerit
low and moderate set aside monies and would be considered during the regular budget process.
City Attorney Boogaard stated the project was the basis for Councilmember Rindone's conflict and as a result,
there was no further conflict. It was his opinion that Councilmember Rindone could participate.
Councilmember Fox questioned whether the commission had, as a benefit, staffs scores. He noted funding
was reduced or not given due to "duplicate services" and felt that just because there were duplicate services
it did not mean that the needs of the community were being met.
David Harris, Community Development Specialist, stated the matrix prepared by staff was compiled after the
public hearings and after the commissions' had made their recommendations.
Those ~.aking on behalf of Dial-A-Ride were:
· Carolyn Butler, 97 Bishop Street, Chula Vista, CA
Those spe~king on b~ of the Regional Task Force on the Homeless were: · Frank Landerville, 7948 Playrnor Terrace, San Diego, CA
Those speaking on behalf of the Chula V'mta Elementapj School District - Playground Improvements (S
Schools) were:
· Kate Shurson, 84 East "J' Street, Chula Vista, CA, representing Chula Vista Elementary
Schools
Councilmember Rindone expressed his concern stating the proposed grant was more severely cut than the
previous year. He urged Council not to change their support in the middle of the program. $25,000 was
inappropriate as it was a joint partnership and dealt with latchkey children.
Those spe.,~king on behalf of the South Bay YMCA - Aquatic Facility were:
· Tina Williams, SO Fourth Avenue, Chula Vista, CA, Executive Director, South Bay Family
Councilmember Fox questioned how approval of $100,000 would affect their ability to build the facility on
time.
Minutes
May 18, 1993
Page 11
Ms. Williams responded they would be raising funds over the course of two to three years. They would like
the option to come back and work with the City regarding additional funding in future years. Anything they
did not receive from the City would have to be made up in their capital campaign.
Those speaking on behalf of the Otay Youth Development Committee - Youth Center were: · Carlos Chacon, 1173 Paseo Sarina, Chula Vista, CA, requested Council rechannel the
funding for the United States Institute of Amateur Athletics CUSIAA) to the Police Activities
League (PAL) with the monies earmarked for their program. They had a commitment from
the MAAC project to utilize their building, rent free, but needed $1,500 for insurance and
$3,500 to purchase equipment.
· Robeti Naranjo, Member of the Otay Youth Development Committee
· Oscar Castro, Youth participant of program.
· Valentin Luna, Youth participant of program.
· Bobby Lopez, Boxing Coach
Councilmember Hotion stated PAL had been working with the USIAA in trying to establish a center in Chula
Vista. The USIAA currently had the insurance required to indemnify the building and the City.
Mr. Chacon stated the USIAA was not a grassroots neighborhood program. They were working with youth
from the USIAA program that felt the treatment they had received was unacceptable.
Councilmember Hotton stated there would be a PAL meeting on 5/25/93 and felt the request should be
addressed at that time. The request was for seed money and she did not have a problem in setting aside
the monies from USIAA and giving it to PAL.
Councilmember Moore questioned whether Mr. Chacon had approached the Otay Committee for funding.
Mr. Naranjo stated they had discussed it but did not feel the Committee would support recreation due to
their structure.
Mayor Nader questioned whether the amount for insurance and physical acquisition could be outside of the
So cial Service limit. He also questioned whether staff would recommend appropriating funds for the purpose
outside of CDBG funding altogether, i.e. supplemental appropriation from the Council.
Councilmember Moore stated if the group from Otay would stop graffiti in their neighborhood, they would
be saving Chula Vista more than $5,000.
Those speaking on behalf of the MAAC Project - Nosotros were:
· Maritza Garcia, 45 Third Avenue, Chula Vista, CA, noted the staff recommendation was not
to fund their request and requested reconsideration by Council.
Mr. Salomone stated staff had met with the OtayYouth Development Committee regarding their request and
recommended the most efficient way to fund would be to take it from the Neighborhood Revitalization
Program and not damage the other Social Service programs. The issue was that there needed to be an entity
to receive the money and it was proper that PAL receive the money and distribute it to MAAC or whoever
they felt was appropriate to run the program. The Otay Youth Development Committee was in the process
of setting up non-profit status.
Assistant City Manager Morris informed Council that Chula Vista Cares would donate the $1,500 for
insurance coverage for the Otay Youth Development Committee.
Councilmember Moore stated he had five areas of concern: 1) school ground improvements; 2) YMCA
aquatic center; 3) environmental zone; 4) enterprise zone; and 5) South County EDC. He felt the South
County EDC could be beneficial in obtaining data for the environmental enterprise zone. If the enterprise
Minutes
May 18, 1993
Page 12
zone failed, the master EIR would be an asset to draw other manufactures to the site. He felt Council could
commit the money in the budget for the Environmental Enterprise Zone, but freeze 50% until matching
funds at 125% or 150% were brought in by the committee from public or private entities.
MS (Moore/Fox) allocate $50,000 with an additional $50,000 approved but held in abeyance until the Task
Force raised additional 150% matching funds from government and/or private enterprise.
Councilmember Fox questioned whether the contingencies would be placed upon the $50,000 that were
included in the staff recommendations.
Councilmember Moore stated he would go along with the staff recommendation.
Mayor Nader stated the concept of the motion was prudent but he was concerned that some of the funds
were highly competitive and many of the programs had deadlines. He questioned whether withholding
$50,000 would jeopardize getting the program started.
Cheryl Dye, Economic Development Manager, did not believe it would make a difference because the
commitment from the City would be there.
Mayor Nader questioned if the 150% was $150,000 in outside funds.
Counc~member Moore stated it was 150% of $100,000 which was $150,000 from outside sources. The
reason he increased it to 150% was because San Diego and private enterprise had more to gain than Chula
Vista and he felt they should contribute more than the City.
Mayor Nader questioned if part of the 150% was allocated for next year, but pledged in advance, if it would
satisfy the intent of the motion.
Councilmember Moore responded that once the $150,000 was reached it would trigger the release of the
second $50,000.
Councilmember Kindone stated there were three issues he wanted to specifically address. Two of the three
issues were in the same category of Community Projects funding requests. In order to entice him to go from
$50,000 to $100,000, he wanted to hear his colleagues comments regarding those issues.
Councilmember Moore stated he would trail his motion until after further discussion.
MOTION: (Rindone) to adopt staff recommendation with one amendment, i.e. provide an additional $5,000
to the (~ula V'wta Police Activities League with direction that the additional $5,000 wottld be focused on
the Comrmlnity Youth Group from 0tay;. $1,500 for the insurance issues, and the balance of $3,500 to get
the program started. The additional $5,000 would come from the Community Project funds.
Mayor Nader stated there was a legal CAP of 15% on the Social Service component for Block Grant funding.
Staff had stated the $5,000 could be given to PAL under one of the other categories and suggested the
motion be flamed in that way.
MOTION ~IP/I'I]-IDRA~'N: (Rindone)
MS (Rindone/Fox) to approve staff recommendation for the twenty-six projects as recommended for funding
for a total of $250,000.
~MENT TO MOTION: (I-Ion:on/Fox) transfer the $5,000 from the USIAA to the Chula Vista Police
Activities League for the Otay Cornrnqnity Youth Group. PAL is to work out the funding between the two
organizations in order to provide the best senrice for the COrnrn~Lr~ty.
Minutes
May 18, 1993
Page 13
Mayor Nader stated that the motion stated that rather than taking the funds from the Neighborhood
Revitalization program it would take it from the USIAA. He felt the USIAA filled a need for the youth in the
community and with Councilmember Rindone's motion it would fund USIAA and still allocate $5,000 from
another program category to PAL. If PAL determined the programs were a duplication they could then use
the funding for other uses.
Councilmember Horton stated her concern was that USIAA did not have a facility in Chula Vista.
Mr. Salomone responded the program would have to serve the Chula Vista community and that would be
part of the contract and monitoring program. He suggested that both funding sources be given to PAL and
PAL could decide, with Council's direction, how to disburse the funds.
Mayor Nader stated the amendment on the floor would delete the allocation to USIAA, reallocate that $50000
to PAL. The PAL allocation, under the Sodal Service Component, would be a total of $9,000. PAL would
be insreacted to consider negotiating with USIAA for the use of $S,000 of that allocation for the provision
of services to citizens in the community. Sepantely, as part of a sepante motion, Council could consider
the reallocation of $5,000 from the revitalization program to PAL.
VOTE ON AMENDMENT: approved unanimously.
Councilmember Fox expressed concern the evaluation matrix did not take into account the recommendations
of the commissions. He requested the commissions receive the staff recommendations before their review
in the future.
VOTE ON MOTION AS AMENDED: approved unanimously.
Councilmember Rindone stated the second of the three categories was the Community Project Funding
requests. He had two major concerns in the category: 1) Chula Vista Elementary School funding for the five
playFounds; and 2) YMCA aquatic facility. He felt the City should, at a minimum, fund the schools the
amount funded last year, if not the full $125,000. One of the options for the aquatic facility was to fund
at $100,000 and the other option was zero funding which he felt was the wrong message. If there was a
substantial commitment to fund the playFounds on the west side he felt there should also be a commitment
on the east side. He recommended at least $100,000 in funding and requested staff address the funding
issue. He would not vote for anything in the Community Project Funding category without addressing those
issues.
Councilmember Horton questioned whether there was a duplication of funds regarding the Otay Park
Renovation and the Chula Vista Elementary Schools request.
City Manager Goss stated the request was to improve the playFounds at five elementary school sites and
at least three, to his knowledge, had previously received block grant funding for playFound improvements.
On each of the school applications they listed "repair and level tuff play field" and questioned whether that
was not a school maintenance type of expense. Some of the requests seemed to fit into Council's past policy
of putting in park type facilities at elementary school sites.
Councilmember Moore felt Otay School could be taken out of the request. The District was looking for
improved recreation and by improving the school property and the adjoining park it would be accomplished.
Mrs. Shurson stated their request last year was $100,000, they received $50,000, and were not able to do
everything they wanted to do at the three schools. If Otay was removed she felt they could do a decent job
with $75,000 at the four schools. She would have to go back and look at the budget.
City Manager Goss stated he had a problem with block grant funds being used to repair and level a turf
playfield as he felt it was a school maintenance function.
Minutes
May 18, 1993
Page 14
MS (Rindone/Moore} to grant $60,000 to the Chula Vista Elementazy School District for playground
improvemenu at four schools.
Councilmember Rindone referred to the ADA modifications of $36,000 and questioned whether it could be
funded out of the General Fund.
City Manager Goss stated any of the projects could come out of the General Fund but staff was trying to
protect the General Fund due to the onslaught by the State.
Councilmember Rindone noted the City had also submitted capital outlay projects for CDBG funding and
felt it was a matter of priority. If Council determined it was a CIP project that was needed, instead of
bumping something else, it would have to come from the CIP reserves. He was uncertain as to how much
was in the reserves as Council had not received the budget. His third concern was the Ghula Vista Adult
School, not the Del Rey High School as listed. That was promised when the Montgomery area was annexed
and he questioned whether the project would be delayed if Option A was not approved. He questioned
whether there was an alternative funding source.
City Manager Goss stated the design work would be delayed. There was funding and staff planned to
proceed with the awarding of the contract for the other Fourth Avenue project that would address some of
the commitments made by Council to the community in the southern portion of the City. Staff could look
at other funds for the project.
Councilmember Rindone stated ff two-thirds of the project was ready tO go he would like to see the project
finished. If alternative funding could be utilized it would give an additional $76,000 to work with.
City Manager Goss informed Council the $67,000 had already been removed for Options B, C, and D. There
was a subset A which recommended the YMCA be encouraged to meet with the City to discuss other funding
options. He would not like to see the YMCA make an investment on a pool and the City make an investment
on a similar facility two blocks away. If the YMCA was successful in obtaining a facility he questioned what
would happen to the City's overall CIP, such as putting a swim center in that area. If it was true they could
provide equal access, he felt other funds, outside of block grant funds could be looked at in order to try to
help them achieve their objectives. There could be other options when overall community needs were
reviewed.
Mayor Nader questioned whether Community Projects and Capital Improvemenu were two legally distinct
categories or if they were two parts of one category.
Mr. Salomone stated they were two parts of one category and Council could move monies between the two
categories.
Mayor Nader stated he was hesitant on voting for the motion on the floor because it did not state where the
additional funding would come from.
SUB,S-ii-ilrI'E MOTION: CNader/Fox) to approve Option B for $250,000.
Councilman Rindone felt there were needs in the City that would not be met by Option B and he would not
vote for the motion. Of the two projects he addressed, they would get zero funding and the other would
get $25,000.
Mayor Nader stated he would incorporate a staff referral regarding Fourth Avenue into his motion, agreed
to by the Second. The report is to be brought back during the CIP budget review.
Minutes
May 18, 1993
Page 15
Councilmember Moore recommended the additional $35,000 be taken from the Otay Park Renovation. He
stated the school was being funded more than they were asking for. They had requested $125,000 and were
being funded $173,000 plus $25,000. He urged Council to approve the staff recommendation.
Councilmember Rindone questioned what the impact would be on the Otay Park Renovation if $35,000 was
removed.
Jess Valenzuela, Director of Parks and Recreation, responded the project contained a lot of design work and
master planning of the park and the area around the school which would be done in-house. It would also
include the construction documents in the next fiscal year so there would be time to begin construction of
the park and the school. Additional work would have to be done through the depanment's landscape
architect but he felt it could be done.
AMENDMFAVY TO MOTION: (Pdndone/Nadex) adjust the recommendation of Option B for the five
playgrounds from $25,000 to $60,0OO and reduce by $35,000 the Otay Park Renovation.
Councilmember Holton questioned how much of the funding for the South Bay Graffiti Eradication program
was utilized for paint.
Mr, Harris responded the information was not available but would be supplied to Council before the next
meeting. Their budget was for $38,000 and of that, $33,000 was for staff time.
Councilmember Holton recommended the funding for the Graffiti Eradication program be cut by $5,000 with
the City utilizing donated paint and volunteers for the program.
Councilmember Moore felt the program should hire youth to paint out the graffiti.
VOTE ON AMENDMFJCF: approved unanimously.
Mayor Nader requested a breakdown on how the funding on the Otay Park Renovation planning would be
expended.
AMENDMF2NT TO MOTION: (Moore/Fox) allocate $50,000 to the Environmental Commerce Zone with an
additional S50,000 approved (can not be reallocated unt~ brought beck to Council) and the release would
be triggered when the Task Force raised an additional 150% matching funds from government and/or
private enterprise.
Councilmember Fox stated he would be more comfortable with the Task Force recommendation of matching
funds of $100,000.
Mayor Nader stated he would support the motion with some reluctance as it would allow the Commerce
Zone to move forward. He hoped that if staff came back with something that fell short of a 150% match
but the amount was ample to move the project forward, Council would consider at that time releasing funds
as necessary.
VOTE ON AMENDMENT: approved unanimously.
Councilmember Fox requested that when other entities were voting on something, i.e. as the Economic
Development Commission reviewed the request from the Environmental Commerce Task Force, he be notified
so he could attend the meeting.
City Manager Goss stated the staff recommendations for the YMCA were: 1) Options A and D were $100,000;
2) Options B and C were zero; and 3) additional recommendation that staff meet with the YMCA to consider
other funding options outside block grant funds.
Minutes
May 18, 1993
Page 16
Mayor Nader stated it was his understanding that if the main motion, Option B, passed funding for the
YMCA would be zero but staff would look at other funding sources, particularly PAD fees, based on their
representation the facility would be for community use.
City Manager Goss stated that was staffs intent. The CIP budget presented to Council already had the PAD
fees committed but ff it was looked at on the long term it would need to be discussed with alternatives
brought back to Council. Whether it was zero or $100,000 he would recommend staff meet with them.
Ms. Williams stated they would be willing to look at the issue as long as their request was not forgotten or
by-passed.
AMENDlVlF_~F TO MOTION: CRindone/Horton) staff is to meet with the YMCA and look at alternative
funding sources and alternative ways in which there could be community participation in addition to YMCA
participation, Mayor Nader stated he would incorporate the amendment into the main motion.
Mayor Nader stated there would be a zero allocation from CDBG funds, approve in concept a City funding
level of $100,000, and direct staff to meet with the YMCA and report back to Council during the budget
hearings.
City Manager Goss stated due to amount of funds available he felt there would be funds that could be
reprogrammed later in the year.
AMENDMENT TO MOTION: (Nader) to reallocate $5,000 from Option B from the amount recommended
for the Neighborhood Renovation Program to the Chula Vista Police Activities League for the purpose of
providing recreational facilities and services in the Otay area. Amendment to be incorporated into the main
motion as per the Maker and Second of the motiorh
AMENDMENT TO MOTION: (Moore/Nader) m direct staff that other than dean-up and removal, for the
CommRRity Appearance Prograin, any other inlprovement~s to the property be limited to a CAP of $100.
Councilmember Rindone stated he had asked staff for a response regarding his concern regarding the use
of CDBG funds and the separation of church and state. There was a project contained within the motion
that could be impacted. He also questioned whether the opinion was valid for the Home Repairs for Seniors
program.
City Attorney Boogaard reviewed the operation of the program and concluded there was not a violation as
there was no religious indoctrination involved as a condition of offering the lunches. It was operated
separately from the Lutheran Church. The program was being conducted by a private non-profit corporation
owned by the church. He had not reviewed the operations of the Home Repairs for Seniors program and,
therefore, could not give an opinion.
Mayor Nader stated the program was also operated by Lutheran Social Services' non-profit corporation.
Mr. Harris stated HUD regulations clearly spelled out that a religious organization could become a sub-
recipient of CDBG funds if it agreed to certain conditions. The program was proposed to be operated as a
public service completely separate from the church and operated by an independent non-profit organization.
VOTE ON AMF2qDMENT: approved unanimously.
MSUC Odoore/Nader) to direct the City Manager to bring a three year program for Neighborhood
Revjh~llv~tion back to Council during the $llmmer with a three year rotation.
VOTE ON MOTION AS AMENDED: approved unanimously.
Minutes
May 18, 1993
Page 17
RESOLUTION 17121; OP-I.-I~D BY COUNCILMEMBER MOORE, read/ng of the text was waived, passed and
approved uD~nimously.
* * * * Council recessed at 9:32 p.nL and reconvened at 9:49 p~n, * * * *
20. REPORT ANALYZING TWO ALTERNATIVES FOR THE OTAY V~IJ3~/' REGIONAL
PARK FOCUS PLANNING AREA - In considering the Otay Valley Regional Park Focus Planning Area {FPA),
two alternatives will be explored: (1) the FPA as endorsed by the Otay Valley Regional Park Policy and
Citizen Advisory committees; and (2) a modification to the FPA which identifies Poggi, Wolf and Salt Creek
Canyons and the area around the lakes as a special study area. Staff recommends Council support
Alternative Number Two, thereby endorsing the proposed FPA and special study area for the Otay Valley
Regional Park planning process. (Director of Parks and Recreation) Continued from the meeting of
5/11/93.
MSUC (Nader/Fox) to accept the report and staff recommendatiorL
Councilmember Moore stated he would like to see the Council updated semi-annually ff possible and, if not,
an annual update.
ITEMS pUIJ.F.B FROM THE CONSENT C~I.RNDAR
Items pulled: 5a, 5b, 6, 8, 12, 13, and 14. The minutes will reflect the published agenda order.
OTHER BUSINESS
21. CITY MANAGFR'S REPORT(S)
a. Scheduling of meetings: 1) Beautification Awards Banquet on Thursday at 7:00 p.m.; 2) rededication
of Marina View Park on Saturday from 10:00 a.m. to 1:00 p.m.; 3) budget overview presented at the
5/25/93 Council meeting; 4) 5/26/93 at 6:00 p.m. the first budget review session; 5) 5/27/93 at 4:00 p.m.
the regular meeting/worksession where the GMOC report would be presented along with review of the South
Chula Vista Library design; 6) Wednesday, 6/2/93 joint meeting with the County Board of Supervisors on
the Otay Ranch Project - there was also a Youth Summit at that time and staff recommended the Otay Ranch
meeting be held from 3:00 p.m. to 5:00 p.m. and the Summit start at 6:00 p.m.; 7) budget review on 6/3/93
at 6:00 p.m.; and, 8) CIP tour preceded by a joint meeting with the Parks and Recreation Commission at
8:00 a.m. on 6/5/93.
22. MAYOR'S REPORT(S)
a. S~ren~:hening sexual harassment policy. Mayor Nader stated he had met with the City Manager and
City Attorney and it was his understanding the City Manager would bring foByard his recommendations in
three weeks. The policy would define certain types of unacceptable conduct that would result in removal
from supervisory positions and, hopefully, send a sucong message that sexual harassment would not be
tolerated in the City.
b. Creation of a Budget & Operations Oversight (Lfi Hoover) Commission. Mayor Nader stated his
recommendation was to set up a seven member commission with a two year sunset clause. At that time the
effectiveness of the commission would be reviewed.
MS (Nader/Fox) to direct staff to bring back an implementing ordinance establishing a Budget & Operations
Oversight Commission consisting of seven members with a two year sunset danse.
Minutes
May 18, 1993
Page 18
Councilmember Moore felt if another commission was going to be established one of the existing
commissions should be deleted. He did not feel there was anything such as "minimal stuffing" and that staff
was already inundated with commission/committee work. If another body was to be formed, he felt the
number should be five with one member appointed by each Councilmember.
Councilmember Rindone ageed that Council needed to be careful in expanding the number of commissions.
He also felt the Mayor's suggestion of direct participation of members of the community in the budget
process had merit. He recommended staff hold two or three public sessions, i.e. community forums or
meetings, on the budget for review. He suggested it be tried for a year to see how many citizens would
respond.
SUBb'II'I1J'['E MOTION: (Rindone/Fox) direct staff to set up at least two or three COmmslRity fOp~rns this year
in order to obtain public input on the budget.
Mayor Nader stated he was not opposed to community forums and additional input but felt it could result
in a greater consumption of staff time than his proposal.
Councilmember Moore stated staff had been directed in the past to make the community better aware of
major programs, including the budget. The first year the City Manager had been filmed and copies were
made available to the public. In his years of following the Council prior to his being elected, he and only
one other person followed the budget process.
Councilmember Fox stated he wanted more public participation but felt the process was currently working
and was ex~emely time consuming. He felt adequate public review had been given and saw no reason to
change the system.
City Manager Goss stated he was available to meet with anyone or group of people. He had been meeting ,.
with City employees regarding the overall fiscal situation of the City and was also scheduled to talk to the
Chamber of Commerce Governmental Affairs Committee.
NO ACTION TAKEN ON THE SUB~'I'ITtfFE MOTION.
c. Discussion of County Prisoner Release Policy. Continued from the meeting of 5/11/93. No action
taken.
23. COUNCIL COMMENTS
Councilwoman Horton
LEGISLATIVE FIEMS REOUIRING COUNCIL DISCUSSION/ACTION:
· SB 36 fKooD): Amendments to the Brown Act.
Recommendation: OPPOSE
Councilmember Horton stated SB36 would significantly expand the scope of the Brown Act for open
meetings of local governmental legislative bodies. There was a provision that would allow a court to require
a taping of closed session deliberations and would extend the statute of limitations for allegations of the
Brown Act violations in all circumstances other than where action was taken in open session.
Dan Beintema, Senior Management Assistant, stated SB36 was identical to the version submitted last year.
MSUC (Nader/Horton) to oppose SIB6 (Koop): Amendments to the Brown Act.
· ACA 25 (Woodruff): State College/UniversiB' Funding Guarantees.
Recommendation: OPPOSE
Minutes
May 18, 1993
Page 19
Councilmember Hotton stated ACA2S would apply the same constitutional provisions applicable to school
districts and community college districts to institutions of higher educations, i.e, California State Universities,
University of California systems, and the California Maritime Academy. Staff recommended opposition.
Mayor Nader stated it would have to be put on the ballot for a vote of the people as it was a constitutional
amendment. He requested the item be continued for one week.
Councilman Moore
· Regional solid waste update. Continued from the meeting of S/11/93. Councilmember Moore stated
advance information had been provided to Council which he requested Council review. It was now a 50%
commitment to the County by all cities and 100% by the County in order to assure funding for San Marcos.
An interim commission would be formed to determine, within twelve months, what type of government it
would lead to for solid waste management.
Mayor Nader stated one key issue was reviewing and approval authority for the City or some triggering
mechanism whereby the City was not required to rubber stamp increases imposed by another agency.
· Discussion and potential action regarding next phase of Memorial Park improvements (i.e. location
of new rest room, expansion of museum, etc.). Continued from the meeting of 5/11/93.
Jess Valenzuela, Director of Parks and Recreation, stated the project included the eastern end of the park
which included the demolition of existing restrooms, construction of restrooms, etc.
Councilmember Moore stated he had been approached with the recommendation that if the museum was
expanded the restrooms be located there.
ADJOURNMENT
The City Council met in closed session at 12:20 a.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys.
Instruction to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Bayfront
negotiations.
Instruction to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers ONCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented.
Pending litigation pursuant to Government Code Section 54956.9 - Chula Vista vs. Thenno King.
ADJOURNMENT AT 12:30 A.M. to the Regular City Council Meeting on May 25, 1993 at 6:00 p.m. in the
City Council Chambers and thence to a Regular Worksession/Meeting on Thursday, May 27, 1993 at 4:00
p.m. in the Council Conference Room.
A Meeting of the Redevelopment Agency convened at 11:10 p.m. and adjourned at 11:33 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, City Clerk
by: Vicki C. Soderquls~, Deputy ' ~r