HomeMy WebLinkAboutcc min 1995/07/25 MINUTES OF A REGULAR MEETING OF TIlE CITY COUNCIL
OF TIlE CITY OF CIIULA VISTA
Tuesday, July 25. 1995 Conncil Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Padilia (arrived at 6:18 p.m.), Rindone, and
Mayor Horton
ALSO PRESENT: John D. Goss. City Manager; Brace M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO TIlE FLAG, SILENT PRAYER
3. APPROVAl. OF MINUTES: July I I. 1995. July I I, 1995 (Joint Meeting of Council/Redevelopment
Agency), and July 12, 1995 (Special Meeting)
MSC (Alevy/D. luot) tu approve the minutes ig' July 11, 1995, July 11, 1995 (Joint Meeting of
Council/Redevelnpment Agency), and July 12, 1995 {Special Meefiag) as presented. Approved 4-0-1 with
Padilia absent.
4. SPECIAL ORDERS OF TIlE DAY:
a. Oath uf Office: Parks and Recreation Commissilln - Mary Kay Dennison: and, Plannin~ Commission -
Patty Davis. The oath of office was given by City Clerk Authelet t{i Patty Davis.
b. Presentation by Larry Wade and Dean Eckenroth anuuunciug a new newspaper, the "Chula Vista
Eagle". Continued from the meeting of 7/I 1/95. Mayor Horttm anmmnced that the presentation had been
cancelled until tarther notice.
c. Proclanmfion to the Bnnita Valley Girls All Star Softball Team. The proclamation was presented by
Mayor Pro Tem Rindone to Bob Aguilar, Team Manager.
* * * Cormoil recessed at 6:12 p.m. and recunxened at 7:17 p.m. * * *
CONSENT CALENDAR
([tenls pitlied: 10, 12, arid 14)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed ;n~d appruved unaoinn}usly. Councilmen:hers Alevy and Moot abstained frum
voting on Item 13A and Cuuncihnemher Padilia ahstaiued frum vutiug m~ Item 13B due to the location of
their residences within districts included in the applicable resohttimls. Councihnember Moot abstained from
voting on Item 15 due to a putential coullict of interest.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attnrney stating that Its a result uf deliberations that occurred in Closed Session
on 7/11/95, Council authorized settlement authority in the Vega, Young and Western Fund Control cases in
an amount which will be disclused when the chtims settle. Except flw the fnrelloin/.l, there was no other
observed reportable actinn taken by Connell ia Clused Sessim~. It is recommended that the letter be received
and filed.
b. Letter of resignatiun frum Geoffrey S. Bogart - Economic Development Commission. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office and the Public Library.
Minutes
July 25, 1995
Page 2
6. ORDINANCE 2634 ADDING SECTION 2.03.030 TO THE MUNICIPAL CODE RELATING
TO THE HANDLING OF MAIL BY THE MAYOR AND COUNCIL STAFF AND AMENDING SECTIONS
2.04.090, 2.04.120, AND 2.04.130 OF THE MUNICIPAL CODE RELATING TO AGENDA SUBMITTAL
AND PREPARATION PROCEDURES, WRITTEN COMMUNICATIONS, AND ORAL
COMMUNICATIONS (second reudin~ and adupliml) - Currently. the Municipal Code states that the City Clerk
is to open and process the Mayor/Council mail, that the submittal day li,~r items to be placed on the Council Agenda
under Written Commnnications is on Tuesday prior to the Cimncil meeting, and that the preparation 'and delivery
of the agenda is to be on Friday. This is all inconsistent with current practice. Staff recommends Council place
the ordinance on second reading and adoption. (City Clerk)
7. ORDINANCE 2635 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE
INCREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A
SPEED LIMIT OF 35 MPH ON EAST "J" STREET FROM CASSIA PLACE TO RIVER ASH DRIVE AND
ADDING THIS LOCATION TO SCHEDULE IX (second rcadinl~ and udoplinn) - Based on the provisions of
the California Vehicle Code Section 40803 and i~ursuant t~l attthl~rity under the Municipal Code Section 10.48.030,
the City Engineer has determined that in the roterest iff minimizing traffic hazards and traftic congestion, and for
the promotion of public safety, the speed limit Iln East "J" Street between Cassia Place and River Ash Drive be
increased from 30 MPH to 35 MPH. Staff recommends Cimncil place the ordinance on second reading and
adoption. (Director of Public Works)
8. RESOLUTION 17967 APPROVING AGREEMENTS WITlt VARIOUS COMMUNITY GROUPS
FOR EXPENDITURE OF CITY FUNDS - The 1994/95 budget includes the funding of various community
promotions organizations. Cotmcil considered requests l'rlml the gr{lups during the budget session on 6/14/95 and
approved funding. Agreements have been prepart, d setting ¢mt the terms and conditions for receiving funding.
Commonity groups are: Chula Vista Jaycees, Gretcben Evans Library Concerts, U.N. Day Committee, and
Bonitafest. Staff recommends approval of the resolutil~n. (City Manager)
9. RESOLUTION 17968 APPROVING AN AGREEMENT WITH TIlE NAUTICAL HERITAGE
SOCIETY FOR THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT
OF THE TALL SHIP CALIFORNIAN -Since July 1986, Clmla Vista has had a contract with the Nautical
Heritage Society designating the City as the southern home pnrt of the State's tall ship, "Californian., The
agreement extends that designation liar five years and will include participation in "Gold Discovery to Statehood"
beginning in 1998 and continuing into the year 2000. Staff recommends approval of the resolution.
(Administration)
10. RESOLUTION 17969 APPROVING A SUBMITTAL OF A CURBSIDE INITIATIVE
SOLICITATION ANNOUNCEMENT FOR $50,027 TO TIlE CALIFORNIA DEPARTMENT OF
CONSERVATION, DIVISION OF RECYCLING - The Department of Conservation is soliciting proposals to
test systems and/or policies which can be used to abate the impact of illegal scavenging on curbside recycling
programs. The law requires that grants be awarded to non-li~r-profit organizations and/or governmental agencies
with registered curbside recycling programs. Eligible activities inchlde special patrols, community outreach, public
education, and development of anti-theft collection systems. Personnel services, equipment and subcontracting
directly related to curbside anti-theft programs are all eligible ti>r reimbursen~ent. Staff recommends approval of
the resolution. (Conservation Coordinator) Pulled frmn the Cimsent Calendar.
Councilmember Rindone questioned what the development or' an anti-theft collection system was.
Michael Meacham, Conservation Coordinator, responded the rel~rence was to those items which were eligible for
the grant application by the Department of Conservation. The application put forward was not that type of program,
it was more of a public education and enforcement program.
Councilmember Rindone stated he disagreed with the reclmunendatinn which stated it was a resolution approving
submittal of the grant. It was either a resolutilm ratil)ing the submittal of the grant or resolution approving
retroactively.
Minutes
July 25, 1995
Page 3
Mr. Meacham replied that was correct.
Councilmember Rindone stated he was concerned with the ntilization of th~ Senior Volunteer Patrol as trash
police". That was not the ol~jective of the SVP and he did not want to reduce the program for that purpose. He
understood statics concern and was elated with the $2.43/month household credit bnt was opposed to the use of the
SVP.
Mr. Meacham responded the intent of th~ application was to put as many eyes and ears out to the public during the
time the theft took place to protect the investment both the residents and City had made in the curbside recycling
program. The grant paid for the equivalent of a hal/~tin~e Commnnity Service Officer. There was no requirement
in the application tbr the SVP to participate, except the SVP, Code Enti~rcement Officers, Conservation
Coordinator, and any other City employee or volunteer that was routinely in the community to be able to participate
in a network that would make referrals which would give the time and location of the theft which would help direct
the CSO to those areas at that time. They wotdd not be involved in citations, citizens arrest, or in direct contract
with the thieves.
Councilmember Rindone stated he was not certain that was tile iilctls they wanted to take with the CSO's. He
realized it was a problem that could affect the vitality of the economics of the program, but he did not want the
establishment of a "trash police". He was willing to support the ratification of the subinitial of the grant but would
look carefully when brought back to Council regarding mitigation of the problem.
RESOLUTION 17969OFFERED BY COUNCILMEMBER RINDONE, feuding nfthe textwas waived, passed
and approved unanimnusly.
11. RESOLUTION 17970 ACCEPTING THE STATE OF CALIFORNIA USED OIL OPPORTUNITY
GRANT NUMBER UOG2-94-140-37 ($ 104,000) AND USED OIL BLOCK GRANT NUMBER UBG3-94-734-
37 ($79,711.70) TO ESTABLISH A USED OIL RECYCLING AND PUBLIC EDUCATION PROGRAM AND
APPROPRIATING FUNDS - Oil sal~'s and recovery records indicat~ that at least 250,000 gallons of used motor
oil are improperly disposed of in tbe greater Chula Vista area annually. Improper disposal includes disposal in
storm drains and on open gronnd which pollutes ottr watershed, threatens wildlife and destroys their habitat. Staff
recommends approval of the resoluti{in. (Conservation Ctl{irdinator) 4/Sth's vnte required.
12. RESOLUTION 17971 APPROVING SUBMISSION TO HOUSING AND URBAN DEVELOPMENT
(HUD) BY SAN DIEGO COUNTY HOUSING AUTHORITY OF APPLICATION FOR DEVELOPMENT
OF PUBLIC HOUSING, AND APPROVING AMENDMENT TO THE COOPERATION AGREEMENT
WITH THE SAN DIEGO COUNTY HOUSING AUTHORITY - The County Housing Anthority will apply for
100 new units of public housing on behalf of the City if Council votes to participate in the application to HUD.
Staff recommends approval of the resohltion. (Director of Community Development) Pulled frnm the Consent
Calendar.
Councilmember Rindone qnestioncd if there was a point whc. n tile City Housing Authority would take over the
application of new units.
Dave Gustarson, Deputy Director of Comnmnity Development. responded th~ issue was staffing to engage in those
activities. There was clear direction from Council that the Housing Authority had to be self sufficient and staff was
looking forward to having some years flow of surplus administrative fees fi'om tile Rental Assistance Program to
fund some of the other activities snob as, development of housing. The City was not equipped with existing staff
nor did they have the financial resources coming m to be able tll pursue public housing on their own at the present
time, but it was a goal tbr the fixture.
Councilmember Rindone questioned if the City was ntilizin~ the County to operate the Section 8 Rental Assistance
program. They were applying fclr an additional 100 units and he qnestioned if the 100 units would then be with
the City Housing Authority.
Mr. Gustat~on responded that they were actual nnits so they would be owned and operated by the County Housing
Authority and wonld be managed by a plol~ssi{mal mana.~nlcnt crimpany they would hire. The City would have
Minutes
July 25, 1995
Page 4
no ownership interest, but it was not inconceivable that at some point when the City was a fully operating Housing
Authority that they may wish to selI the units or just transl~r them over. The City had no specific right to the
ownership of those units.
Councilmember Rindone stated if the City c{mtinned t{I utilize the County the City's Housing Authority would never
happen. He t"elt the 100 units was a g{llld number tit try and make the break.
Jnan Arroyo, Housing Coordinatllr, replied that a l~w weeks ago Council took some of the final steps by approving
the by-laws and appointing the officers. The City was waiting tilt certification f¥om HUD which would declare the
City an official housing anthority. Upon receipt of certification the City wonld be in the position to apply for new
certificates and available monies fi3r public housing. The application by the County was due in two weeks.
Mr. Gustarson stated the public housing process was one of acting as a developer and building housing units. That
was what the City did not have the capacity to do at the present time. To do that there needed to be a staff
architect, construction manager, and those types of prol~ssionals with expertise that the City could not afford to hire
at the present time. Unlike the Section 8 program thae was not sufficient adn~inistrative money in the Public
Housing Program to be able to hire that expertise at the present time. The City was not prepared or capable at the
present time to take advantage of the award of 100 units befi~re Courlcil.
Chris Salomone, Director of C{~mmnnity Devell~pment, stated the City would like to be doing it within the next
several years, but itwas pren~ature at the present time. Depending upon the snccess ofnegotiationswiththeCounty
it was possible that the City could retain Section 8 certificates that the County currently controlled in the City.
Conncilmember Rindone questioned if the City ctlnld pr{lvide m their negotiations with the County for the
submission of the i00 units the understanding that they would be part of the City's Housing Authority once the City
had that capability. He wanted to make it clear that it was a mutnally beneficial process.
Mayor Horton questioned if the item was time sensitive.
Mr. Arroyo responded that it was dne the first weck m August, it was an application tbr a specific number of units
and was not specific to any particular prt~iect.
Mr. Boogaard stated he woold cont~r with staff and return with amending language for the resolution.
Mr. Boogaard recommended that the resolution be amended, page 12-5, second paragraph from the bottom of the
page, add on the last sentence, "and {n~ the condition tfiat the San Diego County Housing Authority agree in
writing to meet and confer with Chula Vista or the Chula Vista Housing Authority on demand within the next
ten years to sell the units built under the authnrity of the resolotion". He had been advised that if the Council
wanted to strengthen the Ianguage that the San Diego County Housing Authority would not accept the condition and
would not build within the City of Chula Vista. It wotlld be im the City's demand at any time within the ten years.
They would have to agree to that in writing.
Mr. Salomone clarified a mis-statement made that perhaps if tlmse 100 units came on that the City's Housing
Authority could take theln over. They were Public Housing units and not Section 8 nnits and were operated and
owned by the County and did not have Section 8 vlmchas so it would be a separate process that would have to be
undertaken as outlined by the City Attorney.
RESOLUTION 17971 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unaninmusly.
13.A. RESOLUTION 17972 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT WITH RC LANDSCAPE FOR OPEN SPACE MAINTENANCE DISTRICTS
1, 5, 9, AND 10 - Staff is recommending that the City exercise its option to renew the landscape maintenance
contracts with RC Landscape, Blue Skies Landscape, Alvezia Landscape, and New Way Professional Services for
fiscal year 1995/96. Staff recommends approval iff the resolutions. (Director Iff Parks and Recreation)
Minutes
July 25, 1995
Page 5
Councilmember Alevy ahstuined t'rlml voting due to the Iocatilm of his residence in Maintenance District No.
1. Councilmember Moot abstuined [hnn w~ting due to the h}cution nf his cesidence in Open Space District
No. 10.
B. RESOLUTION 17973 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT WITH RC LANDSCAPE AND ALVEZIA LANDSCAPE FOR EASTLAKE
MAINTENANCE DISTRICT 1
Councilmember hdilla abstained from w}tlng due to the h}catinn of his residence in EastLake Maintenance
District No. 1.
C. RESOLUTION 17974 EXERCISING THE OPTION FOR RENEWAL OF THE LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS 3, 4, 8; DISTRICTS 11,
14, 15, 24; DISTRICTS 2, 6, 17, 23, 26; DISTRICT 18; AND DISTRICT 20
14.A. RESOLUTION 17975 INTENTION TO CONSIDER WITHOUT RECOMMENDAT1ON
VACATING VARIOUS STREETS IN OTAY RIO BUSINESS PARK AND SET A DATE FOR A PUBLIC
HEARING THEREON - MCA Concerts, Inc. has submitted plans fi>r the construction of an amphitheater on Otay
Valley Road, south of the Otay River. The plans sh~,w the pr¢~iect occupying the property now known as Otay Rio
Business Park, a subdivision prt~iect whose public improvements were cnmplet~d in 1993. However, none of the
lots in the subdivision were built on. MCA's plans include the abandonment of tbur streets within the business park
in order to construct the amphitheater. Staff recfnnmends approval ot the rcst>lutions and setting 8/22/95 at 6:00
p.m. as the date and time of the public hearing. (Director tt1' f'ublic Win'ks) Pulled frnm the Cnnsent Calendar.
B. RESOLUTION 17976 TO CLOSE TO THE GENERAL PUBLIC THE USE OF THE PUBLIC
STREETS IN THE OTAY RIO SUBDIVISION UNTIL DEVELOPMENT OCCURS IN THE SUBDIVISION
Mayor Horton stated she was concerned that the City was putting th~ cart betbre the horse. There had been
discussion regarding the b~nefits the amphitheater would have im tile City and questioned if any of the business
details or benefits to the City had been submitted in writing.
Chris Salomone, Director of Ccmununity Development. resplmded that staff had been negotiating a benefit package
for the MCA amphitheater that had been contemplating a ntnnber of revenue sonrces, uses of facility, and various
other elements which included sonle sort of lease or ticket tax. Their attoHlcys were working on that and as of the
present time did not have a proposal in hand. There had been good thith negotiatinns, the attorneys were working
together, and they felt they were resinlying the issues. TIle next Plantling Cnmmission meeting was scheduled for
8/16 with the item coming back tn Council on 8/22. It wonld not come lilrward nnless the items had been detailed.
Mayor Horton stated the Coltnell had requested the itl|brmatilm ;tnd had not received the document. She wanted
to postpone making a decision on the item until they had receiw:d the business details. If they wanted to expedite
the process they needed to work with the City. She recllmmended clmtinuing the itetn fbr two weeks.
Councilmember Rindone agreed with the Mayor's concerns, but the action befbre Council was setting the public
hearing date only. It shotlid not be misinteIT, reted that because Council was setting the hearing date that they were
accepting any recommendation. Staff was hilt making a rccllmmendatilm at the present ti~ne. Theretbre, he could
support the item belbre Council.
John Lippitt, Director of Public Works. stated there were two res{ihttilms hetilre Council. One was to set the
hearing for the legal street vacation proceedings and the tither was t<l close the subdivision to the general public
because it was becoming a trash dump site.
RESOLUTION 17976 OFFERED BY COUNCILMEMBER ALEVY, reuding nf tbe text was waived, passed
and approved unanimously.
RESOLUTION 17975 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Minutes
July 25, 1995
Page 6
Councilmember Rindone felt a two week continuance would only delay the eventual noticing of the public hearing
and he did not see a purpose ti>r delay. The applicant would be aware of the comments by Council and that staff
was not making a recommendation. It was iu the best interest of the applicant and the City to act judiciously.
Councilmember Padilia stated staff shotdd communicate to the applicant that if the document was not received by
the hearing date that nothing would be vacated. There ~ere scheduling considerations for one or two very attractive
and competitive proposals tier an amphitheater and utll~ss tile Ctlttnci[ al~solutely had to, he was not comfortable in
doing anything that would delay either nf the applicauts.
Mayor Horton stated staff had been working on the prl~icct filr over a year and they had a lot of opportunities to
bring the infbrmation liarward. Obvilmsly the Cimncil \vanted Ill mtl\'e tiltward expeditionsly however, they were
not working with the City. Until the Couucil had something in hand she did not want to notify the businesses and
residents in the area and cause unnecessary prohid:ms if it was not goiug to go fi~r,,vard.
Mr. Salomone stated staff would appreciate dilcction. i.e. to nl~t in(Iv~ fi~rward or set the public hearing without
the document.
FRIENDLY AMENDMENT: {Alevy, ugreed tu by Ihe Muker ut' tile Molinn) tn direct staff to direct the
applicant to submit the in~wmution reqnested within a seveu duy periud.
Councilmember Moot stated he could support the m{ition as amended.
VOTE ON MOTION, AS AMENDED: approved ununimously.
15. RESOLUTION 17977 APPROVING AGREEMENT WITH WOODWARD-CLYDE
CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY
WEATHER DISCHARGE FIELD SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES -
Tile City's NPDES Permit requires dry weather discharge field screening at major outfalls during the dry weather
season in order to detect illegal discharges and to idcntil~, if pl~ssible. their sources. Due to the expertise and
specialized equipment necessary to perfi>rm dry weather discharge field screening and illegal discharge detection
services, it is necessary tn retain an ~lutside consultant. On 8/16/94, Cimncil approved an agreement with
Woodward-Clyde Consultants ti>r the pcrfiu mancc ill' said services. with an option to extend for up to two additional
one-year terms. Staff recomu~ends approval ill' the resl~lution. (Directre' of Public Works)
At the meeting ut' 8/01/95, Cnuucihnember Moist sluted he hud ,iusl been informed that Woodward-Clyde was
a client of his law tirm :rod requested that his "yes" vote ml Ilem 15, un the Cuusent Calendar~ be changed
to an "abstentiun" due to a putentiul cunllict id' inleresl becunse it was u pnlenliul income snurce to the law
firm.
16. RESOLUTION 17978 RATIFYING AN AGREEMENT FOR THE OPERATION AND
MAINTENANCE OF SEWAGE LIFT STAI'IONS AND SEWER MAINS WITHIN TERRITORY OF THE
SAN DIEGO UNIFIED PORT DISTRICT Since 1983, the Port District has contracted with the City to maintain
the Bayside Park sewer stations on a time and material basis. The latest agreement on 7/1/92 expired on 6/30/95.
The resolution would provide fi~r a new three-year agreeulent. Staff recommends approval of the resolution.
(Director of Public Works)
17.A. RESOLUTION 17979 ACCEPTING BID AND AWARDING CONTRACT FOR "CONSTRUCTION
OF ALLEY IMPROVEMENTS FROM "J" STREET TO KEARNEY STREET BETWEEN ELM AVENUE
AND SECOND AVENUE (STL-220)" - On 6/14/95, bids were received for "Construction of alley improvements
from "J" Street to Kearney Street bt:tween Elm Avenue and Second Avenue (STL-220)." The project involves
installation of Portland Cement Concrete (PCC) alley paving, PCC alley approach, sidewalk ramps, asphalt concrete
paving, excavation and grading, preservation of property. and other miscellaneous work. The proposed
improvements are being financed through the fi>rlnati{m of Assessment District Nmnber 93-01. On 5/25/95, Council
directed staff to prepare a resolution allowing the I~roperty owners to deter the payment of their assessments. Staff
recommends approval of the resohttions. (Director i~t' Public Works)
Minutes
July 25, 1995
Page 7
B. RESOLUTION 17980 APPROVING THE DEFERRAL OF THE PAYMENT OF ASSESSMENTS,
ESTABLISHING THE CRITERIA TO QUALIFY FOR DEFERRAL, AND AUTHORIZING THE MAYOR
TO SIGN THE DEFERRAL AGREEh!ENTS FOR ASSESSMENT DISTRICT NUMBER 93-01
18. RESOLUTION 17981 INCREASING TIlE AUTHORIZATION LIMIT FROM $320,000 TO
$400,000 IN THE ORIGINAL AGREEMENT FOR MATERIAL TESTING SERVICES WITH
LAW/CRANDALL, INC. - On 8/4/92, Council appmved an agreement/br material testing services with
Law/Crandall, Inc. The authorization lin~it was increased from $150,000 to $320,000 by Council on 3/22/94. The
$320,000 limit is being approached, and staff' is requesting that it be increased to $400,000 so as not to delay the
completion of four major projects currently under construction. Staff recommends approval of the resolution.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19. PUBLIC HEARING GPA-95-04 - CONSIDERATION OF A PROPOSAL TO AMEND THE
GENERAL PLAN LAND USE DIAGRAM FROM OPEN SPACE TO RESEARCH AND LIMITED
MANUFACTURING ON PROPERTY LOCATED NORTH OF "L" STREET, BETWEEN INTERSTATE
5 AND THE SAN DIEGO TROLLEY TRACKS - CITY INITIATED - In 1975, Council rezoned approximately
four acres of property located at the northeast quadrant oi I-5 and "L" Street to the Limited Industrial zone.
However, the General Plan Land Use Diagram designation tor thc property remained Open Space. Theretbre, the
City is initiating a land use redesignation from Open Space to Research and Limited Industrial for consistency with
underlying zoning. Stuff recmnmends tim public hem'int, be continued tu 9/5/95. (Director of Planning)
This being the time and place as advertised, the pnblic hearing was declared open.
MSUC (Rindone/Hurton) to contiuue the public beuring to the meeting of 9/5/95.
20. PUBLIC HEARING PCM-95-15 - CONSIDERATION OF THE ADOPTION OF THE
EASTLAKE AFFORDABLE HOUSING PROGRAM - In December 199L atier approving an increase in density
for two parcels within EastLake Greens, Council directed that an ad hoc task tbrce be lbrmed for the purpose of
recommending a comprehensive affordable housing program fin' the entire EastLake Planned Community. Staff
recommends approval of the r~solution. (Dimctt>r of Planning)
RESOLUTION 17982 ADOPTING A PROGRAM FOR THE PROVISION OF AFFORDABLE
HOUSING WITHIN THE EASTLAKE PLANNED COMMUNITY, AMENDING RESOLUTION NUMBER
15200 AND APPROVING AN AFFORDABLE HOUSING AGREEMENT
Dave Gustarson, Deputy Director of CinnlBunity De~cltlpmcnt, stated Cramoil was being asked to consider and
adopt a prograin tbr at'tbrdable hottsin,g m EastLake that wa:, the f, loduct of a uniqne and collaborative process.
The task tbrce engaged in a very significant puhlic input process. Staff recommended that Council adopt both the
Program for Provision for Affordable Housing in the EaslLake Planned Community and the Affordable Housing
Agreement between the City and EastLake. FIe then gave a brief overview of lhe nature of aflbrdable housing and
reviewed slides of existing af~n'dable holtsing pn~iects cnrrelltly within the City.
Duane Bazzel, Principal Planner, highl ighted the c{nnplments uf the process, background of the land use actions that
led to the formulation of the task three, the work program or' the task Illroe, overview of the program developed,
and actions recommended by staff. Staff rec,.immended Council adopt the Negative Declaration and resolutions.
This being the time and place as advertised, the public hearing was declared open.
Councilmember Rindone ret~rred to th~ Discussion section of the report (page 20-2) which inclnded the four aspects
of affordable housing and questioned what value it had in the rcconuncndation and how it related to the proposal
before Council.
Minutes
July 25, 1995
Page 8
Councilmember Padilia requested stall' r~iterate the sireroe of inlimnatkm tbr Item d for the four aspects of
affordable housing and discuss whether that was based on other pr~iects looked at.
Mr. Batcheider responded that itc:ms a, b, and c dealt with son~e stigma and mis-intbrmation about affordable
housing. The task tbrce tbund that was materially important because thcir own tinderstanding in starting out in the
process was mixed with respect as to what affordable housing was and what soule of the real issues were versus
stigma. The up front portion of the task threes' fin~t~ was Iol~king at aud dispelling myth. They used a variety of
publications produced by both the State of California and other docunmnts and materials provided by South Bay
Community Services. Some of the reports nlade avaihtble hy Siluth Bay Community Services also related directly
to Item d where some agencies, particuhul'y the State tlf Ca[ifilrnia and nther areas of the nation had published
reports which posted occupancy evaluations over time of snrround ing property once affordable housing projects were
built. Through those titctual surveys the task filrce determined that there was not a material reduction after the fact
in property values around pmiects.
· Amy Serrano, 1174 Pacific Grove Ll~ltp, Chula Vista, CA, cluestion~d if the Homeowners Association dues
would go np, if the Mello Roos would go up, if the occupants of the aftbrdable housing would
have privileges to the amenities and who would pay t~3r it, wotdd the area be kept up, and if the
occupants would be responsible fi~r maintaiuing the property.
· Bill Ostrem, representing EastLake Development, responded that the Phase I prqject was not within
EastLake II Homeowners Association and it was not contemplated that it would be lblded into the
Association. The hcility would not participate iu the Homeowner's fhcilities. They would have
similar facilities on-site to take care of their recreational needs.
· Brendan F. Ward, 1040-D Baywt~od Cilcle, Chula Vista. CA, stated he had been living in his home for
three weeks and had not seen the plan nor heeu notified. He l~lt he had been done a great
disservice by EastLake. The Council needed to keep in mind that a corporation was not a
constituent. He requested that Council continne the item until the majority of the homes had been
sold and listen to the owners rather than a corporation. They had been poorly represented by their
Association members im the task ~rce. They had done little or nothing in making the
homeowners aware of what was going ou. He l~llt the fiduciary duty of the development company
in making them aware of their f~tt~re plans had been breached. He also questioned the impacts
on f~es, Mello Roos, and CC&R's. There were snfficient low income housing opportunities
currently within the City. All docnments shlmld be made available to the homeowners for review.
Mayor Horton stated every five yeais the City had Ill revisit the General Plan and part of that Plan included a
Housing Element. Within the Housiug Element it was nmndatory lin' the developer beilding in the eastern areas
to provide low/moderate housing.
Mr. Ward replied that he was not anti poor/moderate income. He did not f~el it had been adequately explained and
felt those affected by the prqiect should have an ilpptlrtunity to examine what research had been done.
· John R. Albiso, 1010-E Baywol~d Circle, Chula Vista, CA, stated many of his concerns had already been
expressed. He had recently purchased his home and it had not been disclosed to him by the
deveIoper that affordable housing wonld be built across the street. The perception was that it was
low income housing versus affiwdable himsing. As Ioug as that perspective existed it would cause
a decline in interest in nthers purchasing homes and decrease in property values. He expressed
concern regarding their quality of lil~ and impacts if the pr~iect was built. The housing should
be placed in areas of Chnla Vista where it wotdd have a positive afl'ect.
· Richard A. Edelin, IO05-B Baywood Circle, Chula Vista, CA, stated he was a new home purchaser. His
concerns were not based on a desire to keep others from being able to arrive at what he had but
to help each other in building a strouger conmmnity where investments were protected and there
was an opportunity to help phil each other up. He did not want to be penalized because he was
a new homeowner and not he given the opportunity to participate in the process. He felt they
should be given the opportuuity to review the study and add their contributions. There would be
a dividing line along EastLake Parkway. i.e. those living sonth of the Parkway would be members
of the Greens and EastLake II Homeowners Association and those renting or purchasing to the
north would not. He l~lt there wlmld he an artificial barrier between the citizens who should and
could be members .:If the same community and those who wonld be able to participate and benefit
from the amenities of EastLake Greens and those who wlmld not. The students at EastLake High
Minutes
July 25, 1995
Page 9
School limit that the quality of educatitm had he~n impacted in other areas by the existence of low
income housing in the neighborhoods {if tht~se schools. He reqnested Council allow them to
participate in the process.
® Dan Marcus, 315 Foorth Avenue, Suite E, Cbnla Vista~ CA, r~presenting Sonth Bay Community Services,
Member of the EastLake Affordable Housing Task Force, stated he had volunteered over 75 hours
during a 6 month period to extensively study the issue of building atfi~rdable housing in EastLake.
The public had been included in tile prtlcess and a public Ii~rum was held. The proposal was for
working families that would have to me~t strict requirements, screening process and comply with
rigid lllanagement reqnirements. Many times those were more strict than normal private sector
apartlnents. There was an inlbalance ill jobs and honsing in the eastern section of the City. The
shortage of affordable housing affected the eel/ninny as well as individual families housing
situations. The nmnber one problt,m in San Die.go County was afli~rdable housing. The State of
California pert~3rmed a study where they reviewed how 15 affi>rdable housing developments
afflicted neighbors property values. Fourteen of the fifi. een prqjects showed either stable or
increased valttes. It was his understandin,g that the developer would pay Mello Roos, full property
taxes, and every thing else a dcvt,lopt,r in EastLake paid. There would also be management that
would be highly reviewt,d by investors. No specific prqject was being proposed and there was
plenty of time fi~r public input. Conncil was only considering a policy. He encouraged support
of the project.
· Erlinda Young, 2284 Willow Creek Circle. Chula Vista, CA, stated she was strongly opposed to the
proposal due to personal experit,nce. Slit' stated that she had previously lived in a project that had
deteriorated when opened to low income fhmilies. They bad been ti>rced to nlove from the area
due to crime. grnffiti, and gang activities.
· Donald Young, 2284 Willllw Creek Circle, Chula Vista. CA. stated he had worked hard and saved his
money fur 15 years to locate in an area lit, t~lt was safe. He questioned the incomes of the people
that would be moving into the affin'dable housing. He l~lt tilere was available affordable housing
currently in the City.
· Regina Hickey, 21 Fourth Avenue, Chula Vista. CA. stated tile question was free private enterprise versus
non-profit organizations. Free private enterprise was ready, willing, and able to build low rent
housing. Private enterprise invested its own money. did a good management job, and paid all
taxes and t~es to government. Non-prl~fits had no incenhve to nmnage well becanse they got paid
no matter what they did. In 1993 Council funded Casa Nueva Vida with taxpayers money. The
lack of management, lack ill cleaning. landscaping and maintenance had seriously impacted the
two neighboring low income prqiects which were privately owned. She invited the Council to
compare the side-by-side properties and dccid~ fin' then~selvcs who provided better low income
housing, i.e. li'ee enterprise or nlm-prolits. There was a 7% vacancy rate in the South Bay area
and the vacancies should be filled with rent vouchers befiH'e pubIic capital was spent on low
income housing by non-profits. She urged Cimncil to givt, free enterprise a chance by issuing rent
vouchers. She reqnested that Coonell request that Mr. Marcus meet with her to see what cotlid
be done so they could live side-by-side.
· Chuck Albrecht, 2286 Willow Creek Circle. Chula Vista, CA, stated he was a new home owner in
EastLake. It was strictly an issue of economics and values. He put down everything he owned
to live in an area where he clmld raise his children withlint l~ar. He questioned the impacts on
their quality of lif~. He fi?lt it xvas a bad deal and he v,'lluld do everything he could to oppose it.
He felt Council had already made up their nlind.
· Tammy Albrecht, 2286 Willow Creek Circle, Chula Vista, CA. statt,d they had moved in in March. They
were not aware of tile prqject and wlmkl have chosen antithee place to live if they had been
infimned. She Mt there were nlany other areas in Chula Vista that would meet the needs of all
incomes. They were concerned regarding the type ill people that would be moving in and the
impacts upon their' quality of life.
· Amir Pishdad, 2471 GolfL'rest Loop, Chula Vista. CA, stated he worked very hard and struggled to
pnrchase their ho~ne and they valnt,d the area tht,y livt,d in. EastLake Development Company was
mis-representing the public. current home~lwners, and potential buyers. It was his perception that
the City Planning Department was supposed to present an nnbiased opinion, pro and con, as to
what the valnes would be of any devt,lllpnlcnt yet evt,rything he had seen had been pro approval.
There had already been a 13~ drop ill his property value in the last y~ar. The EastLake
Developnlent Conlpany rail tile }lolut. ox3, ncl's Asst~ciation and tile newsletter. Greensview only
had one article addressing tht, issue lind that ~vas In Scptcnlbcr with tilt, distribntion in October.
Minutes
July 25, 1995
Page 10
The vacancy rate had not J~e;1 addressed in other pr~jects used as examples. He was not opposed
to a prqject to purcllase homes ilia lesser wtlue. but he was opposed to a "for rent" project. The
State had approved file prl~iect and lilr the City to change the prqject seemed to be a conflict of
interest between the City and the State. There needed to be more opportunity for public input.
· Terri Pishdad, 2471 Goltlzrest Ll~op. Chnla Vista, CA. stated tilere was a ditli~rence between renters and
homeowners. When money was invested there was pride in what they owned and their
neighborhood. They were ah'eady having a little trouble with people from outside the area
utilizing their parks and pools. If the homeowners were in control of the Board that would not
be happening. She t~lt that could be controlled when they could make the rules. It was a natural
thing that was happening already. Sheagreed with clmnnents previously made and that itwas not
good for their commnnity.
· Andre Chapman, 2470 Golti:rest Lo{ip, Chttla Vista, CA, stated he did not t~el the issue had been well
advertised. He did not t~el that those renting would h'eat the property with the same pride as
those that had invested in their property. [-le wanted to see thctual proof regarding the impacts
and a financial impact study re.~ardmg property values. He hoped more time would be given for
community input bel~u'e a decisilm was made.
Mayor Horton questioned where he received tile inlilru~ation that the prqject was rental units.
Mr. Chapman stated there had been a flyer distributed in their neighborhood.
Mayor Horton stated that Council had not been told it would be rental units. It was her understanding that had not
been determined and would be decided later drier other approvals were received.
Mr. Chapman stated he hoped that beti~re Council viiicol <in lhe issue that they would be assured that would not be
the case. It was his understanding that EastLake was being c{l~rced into providing affi~rdable housing or they could [""
be find.
Mr. Gustarson explained that Council would be voling on a plan that instituted policies and included possible target
sites for affordable housing. Obviously. the one that had rcceix ed the most attention and woold probably be the
first to be developed was the R26 site. Cimncil was not dccidm.~ on a prqiect. When a project was formulated for
R26 it would be brought to Council lilt due cllnsideration. Staff had hloked a several possible non-profit rental
projects for R26, but they were also looking at consideration by the EastLake Development Company to build a
market driven, for-profit aflbrdable housing that xwmld be "liar sale". There were many f;acts that were still to be
known before a cognizant analysis could b~ mad~ of the impact ou R26 or other sites.
Mr. Ostrem, representing EastLake Development Company. reclmunended that if Council did vote on the issue that
EastLake hold another public forunl beli~re a prl~iect was brought tierward to address the homeowners concerns.
Mr. Letter stated the issoe needed to he moved filrward in order filr EastLake to continue processing final maps.
He did not feel there would be an impact with a delay of several weeks in order to hold a public forum. He
recommended that the public trilrums be scheduled with the public hearing being renoticed. A target date could be
set for six weeks and if there was a problem in s~tting the public forum in that time irame staff would report back
and renotice if necessary.
MOTION: (Horton) tu continue tire public hearin~ to the second Tuesday in September.
Mr. Boogaard questioned whether there were any peuding maps to be processed in that six week time f~ame. There
was a condition in the tentative map that would not be nlet until the program was adopted.
Mr. Ostrem responded there were several maps agendized which involved 80-100 units. He felt a thirty day
continuance would be acceptable.
MOTION DIED FOR LACK OF SECOND.
Councilmember Padilia questioned how long the committee met on the issue to develop the policy.
Minutes
July 25, 1995
Page 11
Councilmember Moot stated they had met flit 6-7 mlmths~ every t;vo weeks, with all meetings noticed to the public.
The process was started by putting in articles ill the local Ieaflets to tile homeowners inviting them to give their
input. A public forum was held v,,'here they presented theiI ida-as and pr{lposals and to get as much input from the
homeowners in EastLake. It was untbrmnate that people bought in the interm~ time between the time the report was
finished and the time it was hronght to Cormoil. It was an emotional issue and he did not know anything about
affordable housing when he started tin the Task Force. The task of a~ilrdable housing was to have a project that
worked and fit into a community and that the comnnmity accepted. The Task Force was presented many instances
of projects currently within the City where that exact thing had hcen done. Affilrclable housing, when planned
correctly, could be done. The peuple in the prt~ject bad take heautiful care of them and they did not have graffiti
and other problems he though had existed in snch pmiects. Everyone needed to work together as a community and
try to understand that there was a need tbr that boasing for those starting out. Because Southern California was
such a desirable place to live the land vahles were cxtrenmly high and the problem with affbrdable housing was
extremely acute. It was a small percentage of all honsing, but a very important percentage because it was the
vehicle that allowed people to enter into the path of pride of ownership and pride in the community. People needed
a way to start out. The object of the Task Force was t~l provide a mechanism and put it in place so that as
communities were built it was assnred that each clnnmunity integrated within it at'fbrdable housing. When it was
concentrated in one area of the City it restdied in the blighting effect described during the hearing. He felt everyone
could be comfortable that those types of pr,!iccts and policies in the hm.3 run henefited the communities and cities.
Councilmember Padilia stated when people disagreed they needed to treat each t~ther appropriately. Everyone had
the right to express their opinion and be respected lilt it. A h~t of the olincorns expressed were not uncommon.
It was understandable and Council did acknowledge their concerns. The problem was that Council's job was not
always easy or the most popular thing t{, do and soreclinics it was xery untorefill'table, but it did not mean that they
should back off an issue that was correct not matter how unl~lllmlar it may he. The City had existing low/mod
housing developments that had heen there tbr ten y~qu's and he questitmc'd it anyone had evidence, thctnal evidence~
about anyone by name of the particular prl~jc. cts that cun-cndy existed that had experienced an increase in crime,
graffiti, or a reduction in property values that was attributable Ill tile fact that among sortie of those people were
people that qualified tbr that housing. It was hi'; helid'and clmvictilm that there was not. They needed to proceed
from facts and not innuendo. The concerns were mlt unreasonahle, but in his honest assessment they did not
measure up with the facts. There was ml history in Chula Vista that property values dropped, that people moved
out, or that crime went up because people in the prqiect were low/nlod. He hoped that everyone could work
together to share infbrmation and work together and move forward tu attain the positive impacts of providing
affordable housing. It was an econon~ic issue, there was a lack ot' aftbrdable housing and it was difficult to attract
business and industry which resulted in econmnic impacts that allotted everyune in the City.
® Sally Albiso, I010-E Baywood Circle, Chuht Vista, CA, stated many of the speakers had reacted with
emotion because they did nl~t have all tile lhcts. It ,.vas dear to American hearts to have a voice
and opinion and that was what tht'y were asking k~r. She realized they had to respect the cotmcil
but t~lt the Council should also respect the speakers.
Councilmember Padilia understood people being upsd in not being muttted. In t~irness to those that had worked
on the issue, because those that had .iust moved ill were n¢ll nllti fied, it did not mean that notification was not made.
Councilmember Alevy there had been a great d~al ill noli~c;ttion and discnssilm. He t~lt it was important to note
that people that lived in developments near the area that had bt-en notified and were not in attendance because they
understood the process. He bad not made up his mind ahead of time. He reqnested that staff clarify the idea of
having 5% affordable housing in new developments.
Mr. Letter stated the State law required that every city adopt a Housing Element in their General Plan. The analysis
was done by SANDAG to estimate the total need and then that was allocated areling the jurisdictions. Each
jurisdiction then adopted their housing element to implement its regional share. The City's regional share figure
was approximately 5% tbr low income and approxm~atcly 5% for moderate income. That allowed the City to
comply with the State law and that was updated every five years.
Councihnember Alevy stated it was his understanding that the requirement was fi~r each development and had to
be within that specific plan and nllt in other areas of tile City.
Minutes
July 25, 1995
Page 12
Mr. Leiter stated that every prl~.ject of over 50 dwelling units nnder the General Plan was required to have an
affbrdable housing program and provide 5 % Iiiw and 5 % mocle~at~ housing as a target tier the project.
Councilmember Alevy stated that it was not a chalice ot xvhcre to put atli~rdahle housing in the City but where to
put aflbrdable housing in the EastLake development.
Mr. Leiter stated that was correct and was c¢msistcnt with how cities throughout the region dealt with it.
There being no further public testimony, the public hearing was declared closed.
Councilmember Rindone stated Chula Vista had d,~ne extremely well with their at't~rdable housing program
throughout the City, especially m cmnparis~m to other cities. When tl~e comprehensive affbrdable housing element
was focused on the EastLake area Council needed to continue to k~ok at low incnme housing "for purchase" rather
than "for rent".
Councilmember Moot stated EastLake was not being singled out in any particular way, i.e. they were requirM to
have affBrdable honsing and other areas were m~t. When the plan was put together the Task Force was trying
spread out affi>rdable housing throughout the City in fundamental/~irness. The Task Force did not fee that ~y
particnlar region, development. or part cff the City should bear more than iCs f~ir share of aflBrdable housing but
it was also very dangerous to locate it all in one particular area of the City because history had shown that caus~
blighting effects, graffiti, and crime. History had shown that was the best way to do it and produced more positive
effects.
Councihnember Padilia stated C{umcil would he ad~pting a policy and not a plan. Each plan would have a public
hearing process in order tn obtain public input.
RESOLUTION 17982 OFFERED BY COUNCILMEMBER PADILLA, reading uf tbe text was waived.
Councilmember Padilla stated he did m~t xvant tt~ cut {~f/dialogue. he had asked if anyune had specific infor~tion
that they could site about a specific pr{~iect in Chain Vista and back it up with documentation. His intention in
asking the question was to make a plaint and he had n~ intenti,m of pushing the Council to reopen the public hearing
but if someone could specifically answer his question he would request that Council hear them.
Councilmember Moot seconded Councibncml~er Padilla's request. He had learned that people should be able to
speak because it was a very important part of the process.
Mr. Ward stated he was not tryin~ to be nnresponsive to the question. bat Mr. Moot had stated that he had seven
months to become ed0cated about the issue. He nlay well he conviuced that it was not a bad idea but he was asking
lbr the opportunity to become in~rmed bc/i~re something happened that would eradicate the opportunity of undoing
it. ~ey had not seen the studies and what the basis was nf the sindies and the statistical analysis. He was sure
that the legal r~luirements lbr notification had been met but he had been notified by a xeroxed flyer in the
neighborhood. He l~lt Cormoil owed it to them as constituents to bring them up to speed before taking action.
Councilmember Padilia stated ways could he identified when prt~iects were brought fo~ard on how the City could
do better in obtaining more involvement in the process and noti lication.
Mayor Hoaon stated cnncems snch a "for rent" versus "for sale" wonld be addressed in ~ture public hearings along
with other concerns expressed.
A~ND~NT TO MOTION: (Alevy/Mnut, ugreed tu by tbe Maker uf the Mutiun) tn dir~t s~ff to work
with EastLake Develnpment In have a well noticed cmnmnnity fnrum within the next 30 days.
Mr. Ward requested that the hearing be ctmtinucd fi~r 30 days and that dnring that time the homeowners be given
access to all the documents prepared by the Task Force and present their colnnlents. A community hearing could
then be held in 35 days, once they had the opp~rtunity to review the materials.
VOTE ON MOTION, AS AMENDED: upprnved nmmimously.
Minutes
Jnly 25, 1995
Page 13
ORAL COMMIINICATIONS
None
* * * Council recessed al 9:15 p.lll. alld recollvened 111 9:28 p.lll.
BOARD AND COMMISSION RECOMMENDATIONS
Nime submilled.
ACTION ITEMS
21A. RESOLUTION 17983 AMENDING Tile FISCAL YEAR 1995/96 BUDGET TO ADD .50
TRAINING COORDINATOR AND DELETE .50 SENIOR LIBRARIAN IN TIlE LIBRARY; DELETE 1.00
QWL,/TRAINING COORDINATOR AND ADD .50 TRAINING COORDINATOR IN PERSONNEL;
REINSTATE SALARY AND POSITIONS FOR AN INTERIM PERIOD OF 6 MONTHS FOR EMPLOYEES
SCHEDULED TO BUMP TO LOWER CLASSIFICATIONS IN PUBLIC WORKS OPERATIONS AND
DIRECT THE FINANCE DIRECTOR TO TRANSFER FUNDS THEREFORE AMONG DEPARTMENTS -
On 6/27/95, Council directed staff to provide ulmons till' placement tit tile QWL/Training Coordinator. Staff has
reviewed a variety of alternatives, analyzed the In'os and el,an and fiscal in~l~act of ~ach and is pruposing an option
that is believed to best meet the needs lit' the: City and the in,:umhcl~t. Stal'l rcconllllunds approval of the resolutions.
(City Manager) 4/5tb's vote required.
B. RESOLUTION 17984 AMENDING FRINGE BENEFIT RESOLUTION 17468 BY ADDING THE
CLASSIFICATION OF TRAINING COORDINATOR TO, AND ELIMINATING THE CLASSIFICATION
OF QWL/TRAINING COORDINATOR FROM, THE UNREPRESENTED GROUP
Mr. Goss stated the item was a follow-np to the budget process. Stall f~lt tile rccomnlendation wonld be beneficial
to the Library and would maintain overall coordination tin' mtining city~widc, inctnding Ethics training. There were
four positions in Public Works Operations that we, re hnmped to a lower level which wonld amount to a 5 % - 20 %
salary reduction. With the savings of the alternative proposed stall was rcconlmcnding that the positions be retained
at the current pay level fk~r six mlmths. That would bc beneficial tin- mln'al within tile department as well as the
City's ability to pruvide services. The overall redactitnl of positions v~'tluld still tlcctlr and the savings would occnr
as turnover occurred in Public Works Operatilms.
· Richard Schulman, 108 Jctt~'rstln. Apt. B, Chuht Vista. CA, stated he was a member of the Board of Ethics
and the Board was concerned regarding the status of the training officer as it wonld at'i~ct the Ethic program. With
the training officer position only half-tinle they wcrc clmcern~'d that it wiltlid convey a message that the Ethics
program was not as important as it should be. They wanted to make sure that the cflin't to fk~llow-np on the initial
training program, i.e, training new board/conlmission mclnhcrs ill paltitular as well as being able to provide
services to expand the knowledge of ethical issa~s and how it applied ttl daties, would not lose momentum. Council
would be receiving a written report from the Board of Ethics with rccomn~cndations filr tkfllow-up on the Ethics
program.
Mayor Hotton referred to Optiol~ I and qtt~.-stitnlcd v&y the' cnlpll}ycc tclt the transfer of the CSO in crime
prevention to the counter was negative.
Candy Emerson, Direclor of Perstlnnel, replied that the culpllly¢c wan the CSO in crime prevention who eqioyed
what he was doing and Mt it profitable m workm,3 at the front ctltlnfcr prllviding a different type of service. It
was not a demotion.
Mayor Horton referred to Option 3 and ,.lucstioncd the, disadvantage which statrd the Director of Parks & Recreation
and Personnel Director did n~t believe there was adequate job resplmsibilities, duties, etc. in the QWL Training
Coordinator's background with th~ requirements of th~/alsition.
Minutes
July 25, 1995
Page 14
Mrs. Emerson stated the Director of Parks & Recreation interviuw~d the QWL Training Coordinator and they both
reviewed her resume and application and clm~pared that to the job description tbr the Human Services Coordinator.
While it was a possible match they l~lt the learning curve wnu[d be extensive and difficult.
Mr. Goss stated one of the strengtbs lbr the Human Services Cl~ordinator wonld be the networking with the various
non-profit organizations that would help to supptlrt that activity which took time and experience to develop.
Councilmember Alevy questioned the Iogistics ota 1/2 time persire m the Library and I/2 time person in Personnel.
Mrs. Emerson replied that there w{lu[d he an illlice mt. ach location, i.e. the Library and the existing office in the
Personnel Department. Tbe job responsibilities in the Library w{luld be specific to tbe Library and would include
beyond training helping with the strategic plan and special prt~lects. Resp{msibilities in the Personnel Department,
in addition to the Ethics training fl~lll~w-up would be coiirdinating city-wide training, condncting some city-wide
training, and coordinating the volunteer program as the incun~hent currently was doing.
Councilmember Rindone stated comments made by the Board of Ethics were extraordinarily important. In viewing
the proposaI reconnnended, he could only supp{irt it with the understanding that the employee would have the
flexibility to continue the task of the Ethics training i.e. tlexibility of time and days versus a set schedule. He
questioned if the employee would have that flexibility.
Mr. Goss responded that there would be flexibility in the schedule t{I apply the knowledge gained through the
Training the Trainers program regarding Ethics.
RESOLUTIONS 17983 AND 17984 OI:I;ERED BY COUNCILMEi%IBER RINDONE, reading of the text was
waived, passed, and approved nnanimnnsly. The posilion is to have flexibility nf scheduling to perform the
Ethics training thrnughout the City.
ITEMS PULLED FROM TIlE CONSENT CALENDAR
Items pulled: 10, 12, and 14. The minutes will refiect the published agenda order.
O'HIER t~tJSINESS
22. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings. M r. Gilss requested that a dat~ he scheduled fi~r i~ert~lrmance evalnations of City
Manager, City Attorney, and City Clelk.
Councilmember Rindone recommended that because three Cnuncilmemhers had not been involved in the evaluation
process that one meeting be set to discuss the evaluation process withnnt evaluating any particular employee. After
that meeting evaluations could then be condncted.
Councilmember Padilia I~It it wise to set the dat~;s liar both the general cvalnations and the process. He had brought
forward specific concerns and l~lt there shlmld be an opportnnity tl~ have disposition of those prior to any general
evaluation. The City Manager had not had an opportnnity tn filrmally address the concerns brought forward.
Councilmember Moot questioned if both items cnuld be held in CInsed Session.
Councilmember Rindone stated the evaluatilm process wnu[d not be a discussion nf any particular individual and
therefore, he did not believe that it timid be discnssed in Closed Session.
Mr. Boogaard stated the specific concerns conld be discussed in Closed Session, but if it was only an evaluafive [.....
process, not involving any specific individual, it wnuld have to be discussed in Open Session.
Councilmember Moot suggested tbat th~ Chlsed Session be held first.
Minutes
July 25, 1995
Page 15
Councilmember Rindone stated that was acceptable.
Mr. Goss stated he would be prepared by n~xt week, bnt Council wonld not have an opportanity to review any
written material that he wonld be supplying. }It l;zlt it would be to Cramoil on 8/1/95.
MSUC (Rindone/Padilla) to address the specific cm~cerns rellardin~ the City Mamaget be held in Closed
Session on Tuesday, 8/8/95 at 5:30 p.m. and discuss in open sessim~ the prncess tiw evaluation. Evaluations
for the City Manager, City Attnrney, and City Clerk wnuld be held m~ Wednesday, 8/16/95 at 6:00 p.m.
23. MAYOR'S REPORT(S)
a. Ratificationof appointments: Resource Conservation Commission - Robert Yamada; Sat~tv Commission -
Harriet Acton; Town Centre Protect Area Cinnmitt¢'c - Ywlnl~¢ Aptldaca; Veterans Advisory Commission - Doc
Anthony Anderson; and, Yonth Comnlission - Kathrme Kemp.
MSC (Horton/Alevy) to ratify the appoilmnents of: R~siltn'c~' C{in,,ervatitln Cl~mnlission * Robert Yamada; Safety
Commission - Harriet Acton: Town Cellire Proiect Area Committee * Yvlmne Apodaca; Veterans Advisory
Commission - Doc Anthony Anderson; and, 'l'tmth Cinmnissitm - Kathrinc Kemp.
Councilmember Rindone qnestioned if Cimncil wanted to continue the ptdicy that members of boards/commissions
had to be residents of the City tlf Chahl Vista.
Mayor Horton responded that the Town Centre Project Area Committee had a different set of guidelines. They had
to have a business within the business district.
Councilmember Rindone qnestioned if there were any lither b{~artl/comnlissions that did not require residency.
City Clerk Authelet responded that tile Eelminnie Dcvehlpm~*nt Ctnmnissilm did not reqaire rgsidency tbr ex-officio
members.
VOTE ON MOTION: apprnved tnutninumsly.
b. Application of lilrlough hi City Conncihncmher',. Mayor Horton c{mtinued the item to the meeting of
8/1/95.
24. COUNCIL COMMENTS
Councilmember Rindone
a. Councibllcnlber Rindone rcquest~Id that an tlpdltt~~ t~ll the DownTovvn Business Association banner program
be agendized under his comments on the 8/1/95 agcntla.
b. Councilmember Rindone stated hc had attcndcd lhe Third Annual Law Enforcement Recognition Night and
Agent John Madison was one of the top tea nominees. His 25 years of service represented the Department, City,
and himself well. He hoped that Agent Madison could bc rccognizcd at a Cormoil meeting.
c. Councihnember Rindone stated hc wanled Io rotor hack to staff his concerns regarding the 6/30/95
Summary of Investments with a report back next week. His concern was regarding the rate-of-retum and an
evaluation of the investments, particularly those investments trader 4 ~ and 5 %.
Mr. Boog~rd reconm~ended that Council vote on the rel~rral if rcqttcsting a report back froIn staff versus the
agendizing of the item andcr his comments.
VOTE ON REFERRAL: approved mmoiumusly.
Minutes
July 25. 1995
Page 16
AD.IOURNMENT
ADJOURNMENT AT 10:38 P.M. m a Special Meeting on Saturday, Jaly 29, 1995 at 9:00 a.m. in the Council
Conference Room, Administratitm Building, and thence to the Regular City Conncil Meeting on August 1, 1995
at 4:00 p.m. in the City Council Chambers.
An Adjourned Special Joint Meeting of the City Council/RedeveIopment Agency convened at 10:38 p.m. and
adjourned at 12:25 a.m.
CLOSED SESSION
Mr. Boogaard inti~rmed Council only the Metro Sewer Adjustment Billing would be discussed in Closed Session.
Conncil met in Closed Scssilm at 12:25 a.m.. Iccllnvcncd at 12:32 a.m. and ac[iourned at 12:32 a.m.
15. CONFERENCE WITtl LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant tl~ Go'~ermnent Code Sectjim 54956.9
® Western of San Diego Fund vs. Vidrio, City of Chula Vista.
® Chammas vs. the City of Chula Vista.
· Fritsch vs. the City ol Chnla Vista.
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated liti~,alinn pursuant to GIn, ernment Code Sectim~ 54956.9
· Mctro Sewer Ad. justm~nt Billing (water rcclamatilm and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursnant to Government Code Section 54957.6
· Agency negotiator: Jl~hn Gass or design~ t'or CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unr~presented.
Employee organization: Chula Vista Emph~yees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Associatilln (POA) and International Association of Fire
Fighters (IAFF),
Unrepresented emplllycc: Executive Management. Mid-Managenlent, and Unrepresented.
16. REPORT OF ACTIONS TAKEN IN CIA)SED SESSION - No reportable actions were taken in Closed
Session.
Respectlhlly snhmitted,
by: Vicki C. Soderquist, CMC,~5~y City Clerk