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HomeMy WebLinkAboutcc min 1996/02/20MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF T!tE CITY OF CHULA VISTA Tuesday, February 20, 1996 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Horton John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: February 13, 1996. MSUC (Horton/Alevy) to approve the minutes of February 13, 1995 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Jim Perondi - Youth Commission. Mr. Perondi was not present. b. "Voice of Democracy" presentations by: Francesca Geyer - Bonita Vista High School; Ann Morrissey - EastLake High School; Levi Partridge - Chula Vista High School; and Stephanie Via - Mar Vista High School. This annual competition is sponsored by the Veterans of Foreign Wars, Post #2111. Ann Morrissey was not present. c. Pruclaiming February 23, 24 & 25, 1996 as "KENT FROEDE MEMORIAL CLASSIC DAYS." The proclamation was presented by Mayor Pro Tem Moot to Mark Smolanovich, Co-Director of Froede Memorial Classics. CONSENT CALENDAR (Item pulled: 8) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that the City Council did not meet in Closed Session on 2/13/96. It is recommended that the letter be received and filed. b. Letter from Thomas L. Woodruff, Law Offices of Rourke, Woodruff & Spradlin, General Counsel, stating that the Board of Director's of the San Diego Area Wastewater Management District adopted a budget which includes a sum for the City of Chula Vista and urged that the City reconsider both its active participation as a Member of the District and contribute the City's annual assessment relating to it. It is recommende/d that staff prepare a letter for the Mayor's signature declining the District's request for funds and reiterating the City's position on membership in the District. 6. ORDINANCE 2663 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 35 MPH ON NORTH GREENSVIEW DRIVE FROM CLUBHOUSE DRIYE TO HUNTE PARKWAY AND ADDING Minutes February 20, 1996 Page 2 THIS LOCATION TO SCHEDULE IX (second readimz and ado0tion) - Construction in the EastLake Greens subdivision has created several miles of new streets to be opened to the public. The City Engineer has determined the need to establish a posted speed limit on North Greensview Drive between Clubhouse Drive and Hunte Parkway. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 18216 REJECTING BIDS FOR "CONSTRUCTION OF AMERICANS WITH DISABILITIES ACT (ADA) RENOVATIONS, PHASE II (MAIN LIBRARY, POLICE BUILDING, PUBLIC SERVICES BUILDING, AND PARKWAY RECREATION CENTER) IN THE CITY (GG-144)" AND DIRECTING THE DIRECTOR OF BUILDING AND HOUSING TO READVERTISE THE REVISED PROJECT - On 1/17/96, sealed bids were received. The work to be done consisted of modifying existing restrooms to accommodate individuals with disabilities. The work included minor demolition work, construction of interior walls, plumbing fixtures, doors, hardware, signage, and interior finishes. Staff recommends approval of the resolution. (Director of Building and Housing) 8. RESOLUTION 18217 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "MEMORIAL PARK RESTROOMS BUILDING CONSTRUCTION IN THE CITY (PR-168)" - On 1/10/96, bids were received. The work includes the construction of public restrooms within Memorial Park as well as other miscellaneous work as described in the specifications. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 4/Sth's vote required. Pulled from the Consent Calendar. Councilmember Moot stated the vandalism that created the situation and the need for Council action concerned him. He questioned if staff knew who the vandals were and whether there was any protection for the new facility. Jess Valenzuela, Director of Parks & Recreation, responded that staff did not know who the vandals were. The damage occurred approximately four months ago. The new restroom would have lockable fixtures which the older restroom did not have. The park rangers would be locking the doors to the facility at night. Councilmember Moot stated that it appeared Council had to reappropriate money from the playground renovation CIP project for the work and questioned which renovation project would be impacted. * * * Mayor Horton returned to the dais at 7:25 p.m. * * * Mr. Valenzuela responded that two renovation projects were currently underway, i.e. Loma Verde and Eucalyptus Park play area. The ones that would most likely be held up would be the Rohr Park expansion and Valley Lindo play equipment area. Councilmember Moot stated he was upset that certain parks in the City and play equipment in the City would have to be deferred due to vandalism. He hoped that everyone in the community, when seeing an act of vandalism, would understand the impacts and immediately report it. RESOLUTION 18217 OFFERED BY COUNCILSIEMBER MOOT, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING CONSIDERING ENACTING A GAMING PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE - On 11/28/95, Council approved certain amendments to Chapter 5.20 of the Municipal Code regarding cardrooms. The changes allow any form of gambling in Chula Vista that is allowed at any other location within the state subiect to further regulation under a Chula Vista Gaming Plan. Staff recommends approval of the resolution. (Chief of Police, City Attorney, and Director of Planning) Continued from the meeting of 2/13/96. Minutes February 20, 1995 Page 3 RESOLUTION 18212 ADOPTING A GAMING PLAN WHICH WOULD ALLOW PAl GOW AND SUPER PAN 9 TO BE PLAYED AT CARDROOMS SUBJECT TO CERTAIN RESTRICTIONS, AND MAKE OTHER CHANGES INCLUDING THE PERMISSIBLE HOURS AND DAYS OF OPERATION, MAXIMUM BETS, ALLOWABLE HOUSE CHARGES PER TABLE, AND TAX RATES PER TABLE Rick Emerson, Chief of Police, stated staff's recommendations addressed the regulatory and enforcement side of the issues. The policy questions regarding the expansion of gaming was left for Council review. He felt the regulatory processes included would ensure compliance, i.e. six and twelve month reviews, auditing plans, on-site security plans, and finance and revenue reviews. Staff had met with the current cardroom owner Harvey Sousa and his attorney. This being the time and place as advertised, the public hearing was declared open. · Michael A. Green, 535 "H" Street, Chula Vista, CA, representing Harvey Sousa, owner of the Village Club Cardroom, stated his client was satistied with the proposal betbre Council. Councilmember Rindone stated it was proposed that when the population reached 160,001 a fifth card room license could be added. He questioned what the procedure or policy would be at that time for adding an additional license. Chief Emerson responded that it would be the Council's decision at the time the threshold was met as to whether they wanted to add an additional license. There were limitations on who could obtain licenses and how many they could own. Staff anticipated that it would be approximately two years belBre reaching the 160,001 population figure. Councilmember Alevy questioned what the process was for issuing a fifth license and if there was a rule that Council had to issue the fifth license when the population threshold was met. Sid Morris, Assistant City Manager, stated that there was not a historical basis, but it was staft~s intent that at the time the next license was to be issued there would be options available, i.e. application, RFP process, or sale process. Staff could evaluate those options and return to Council with a recommendation at that time. There was an established formula that decided when a next license could be established. That could be subject to evaluation or a change in the parameters upon which that additional license would be created. Councilmember Alevy questioned if Pal Gow and Super Pan 9 required a certain level of betting. Mr. Green stated there was a self limitation in Pal Gow because there was a banker which was not the house. The players could only bet as much as the banker had, therefore, it was self limiting. There were no rounds of betting. Councilmember Alevy wanted assurance that all the tables would not be at the $80 maximum level. Mr. Green replied that there would not be any changes from what was currently being done. The proposal gave the license holder flexibility. Councilmember Alevy questioned it' Mr. Green was confident that the proposed change would allow the long-term cardroom business in the City to compete with the surrounding competition. Mr. Green stated it was very competitive and that had been a problem. Councilmember Moot questioned how long cardrooms had been operating within the state and City. Mr. Green responded that the cardroom had been open since the 1940's. As far as he knew there had always been card playing of some type in California. Based on state legislation and court cases the games being offered had changed throughout the years, but there had always been cardrooms. Councilmember Moot stated the proposal only added several types of new games, increased hours of operations, limited number of tables that could be devoted to certain games, increased slightly the number of players at the Minutes February 20, 1996 Page 4 tables, and increased the maximum bet limit in poker to $80. He questioned if the ordinance was being significantly changed other than those areas he outlined. Mr. Green responded that Councilmember Moot was correct and that he did not libel there would be any real changes in the near future. In order to take advantage of the ordinance his client would have to find another location that the Police Chief and City Council would agree to in terms of it's impact on the surrounding community. Councilmember Padilia requested clarification regarding the City's audit rights, enforcement mechanism, and what specific resources would be allocated. Chief Emerson stated staff limit there needed to be a revenue audit which would be done on an annual basis. The cardroom owner would pay for the independent audit. The Police Department would be auditing the operation on a daily, weekly, and monthly basis to see the impacts on the neighborhood. Staff felt it was an important component of the Gaming Plan. Councilmember Alevy stated the report indicated that the CUP could be re-reviewed, revoked, or brought back to Council if there were any problems. He questioned if the CUP could be revoked without being brought to Council for review. He felt if Council issued the CUP they should be the ones that revoked it. Robert Leiter, Director of Planning, replied that the CUP could be revoked by the Planning Conumssion, but any action of the Planning Commission could be appealed to the Council. Therefore, Council could have final decision. Normally when an appeal was pending the use would not be closed down. Mr. Boogaard stated if the CUP was issued by the Planning Commission it could be revoked by the Planning Coranussion and would only go belbre Council on appeal by one of the two parties. Councilmember Moot questioned if Pai Gow and Super Pan 9 were currently being played in other areas of the county and on the reservations. Chief Emerson responded that they were being played on the reservations. The City of Oceanside had authorized Pai Gow but he was uncertain as to whether they were in operation. Councilmember Moot stated it was his understanding that before the games could be played in Chula Vista there would have to be a CUP. Chief Emerson responded that was correct, Mr. Sousa had indicated that he did not want to put that game into his existing facility. He would have to move to an new facility which would require a CUP. Mr. Morris stated that if Mr. Sousa wanted to offer that at his current facility it would make the current facility subject to a CUP and reevaluation. Councilmember Moot questioned if the Police Department was confident that they had the ability to monitor and control any effects generated by the ordinance. Chief Emerson replied that was correct. The ordinance also required private security on the premises. There being no further public testimony, the public hearing was declared closed. Mr. Boogaard stated in terms of notice, there were two people that could be afflicted by the Gaming Plan, i.e. the Commerce Club held the other license. He gave the City Clerk an Acknowledgement of Notice of Hearing and Waiver of the Right to be Present and Indemnification of any claim resulting of defective notice signed by representatives of the Commerce Club. Mr. Sousa also signed an Acknowledgement of Notice of the Proceeding Waiver and Indemnification of not only any defect of notice, but agreement to pay if the license tax was for any reason declared to be improperly assessed, to indemnify the City from any and all costs associated with having to return it. Minutes February 20, 1995 Page 5 Mr. Morris stated there was some legal dispute as to whether the licenses had been properly transferred to the Commerce Club. RESOLUTION 18212 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, passed and approved unanimously. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 10. REPORT DEDICATION PLAQUE FOR THE SOUTH CHULA VISTA LIBRARY - The dedication plaque for the South Chula Vista Library will soon be ordered and a decision must be made as to whether to list only the Councilmembers seated on 4/8/95, or all Councilmembers who contributed during the life of the project 1990-1995. Staff recommends Council accept the report and provide staff with direction as to those names they wish to see on the plaque. (Library Director) Mr. Goss stated the item was brought to Council to get policy clarification. The City had dedicated public facilities and included the appropriate board/commission, City Council, and staff at the time the project was dedicated. There had been informal teedback to staff that other agencies had listed others that were involved in the project whether they were currently sitting or not. Therefore, staff felt there needed to be policy direction from Council. Councilmember Padilia questioned why the item was brought tn Council and who was excluded that should not have been. Councilmember Rindone stated he had raised the issue because the recommendation was not consistent. It included the present and past elected officials for the last five years, but did not include the past members of the Library Board of Trustees, library directors, etc. He felt it was an important issue and that only those currently in office or serving at the time of dedication should be included on the plaque. He was concerned that the list was getting too long. Staff was correct in requesting Council input. Mayor Horton Ii~lt there should be a policy in place, but she did not feel comfortable with leaving out the former Library Director. The library was a gift to the community and was a dream of a former City Council. She felt there should be exceptions to the policy. Councilmember Rindone stated as an example, he was on the Library Board when the library was first discussed and he was not sure that his name should be on the plaque as a member of the Library Board at that time. He was not so concerned with making exceptions on the item before Council, but he felt that there should be a policy for future dedications. Councilmember Padilia felt there should be a common sense approach with each prqiect looked at individually. He did not feel such an item should be debated by Council when there were other significant issues. He hoped that no one ever under took the responsibilities of government with an eye towards where their name would be listed in the future. Councilmember Moot stated he was comfortable with the names listed in the staff report. If the Library Director was comfortable with adding the name of his predecessor he did m>t feel it would be inappropriate. He felt it was a rare situation and it was only appropriate to acknowledge the toresight of the former Councilmembers. Minutes February 20, 1996 Page 6 MOTION: (Rindone) to establish a Council policy which would list current serving elected officials, appropriate board/commission members, and stall' at time of dedication. Councilmember Padilia questioned if the policy would allow review on a case-by-case basis and to allow exceptions and if the motion was in respect to a policy or the particular plaque. Councilmember Rindone stated it was in respect to a policy and if Council wanted to make an exception to it, it cnuld be offered with another motion. Councilmember Padilia stated he could support the policy, but he did not object to the names submitted in the report with the addition of Rosemary Lane. SECOND TO MOTION: (Padilia) Mayor Horton clarified that the motion was not directly associated with the item presently before Council. but established a policy. Councilmember Moot questioned the current policy. Mr. Goss informed Council that they did not have a current policy. Past practice had been to list the current Council, board/commission, and staff'. Councilmember Moot felt the current practice should be adopted as policy with a follow-up motion making an exception for the Library. Mayor Horton stated she did not want the Council to be in the situation where it was said "this is the policy and it had to be followed." Mr. Goss recommended that when there was a plaque to be prepared for a major project staff would provide an informational memo and then if Council wanted to consider an exception to the policy the item could be agendized. Councilmember Alevy stated that as lnng as that was understood he was comfBrtable with the item. VOTE ON MOTION: approved unanimously. MSC (Horton/Alevy) to appn~ve the ~dlowing: City Council - Mayor Shirley Horton, Jerry R. Rindone, Stephen C. Padilia, John S. Moot; Former City Council - Mayor Gregory Cox, Mayor Gayle McCandliss, Mayor Tim Nader, Robert F. Fox, Leonard Moore, David L. Malcolm; Library Board of Trustees - Peggy P. Donovan - Chair, William J. Alexander, Constance CIover-Byram, Jose T. Viesca, Jr., Ronald E. Williams; City Manager - John D. Goss; and Library Director - David J. Palmet. Former Library Director - Rosemary Lane to be added. Approved 4-I with Rindone opposed. URGENCY ITEM: USOC Indemnity of Existing Mechanics Liens. Mr. Boogaard requested that the item be added to the agenda as it came to his attention late Friday. The Indemnity Agreement with the USOC would protect the City against certain Mechanics Liens that existed against the roadway, i.e. the Orange Avenue segment running between Wueste Road and the Visitor's Center. EastLake would deed over the property to the City and the City would be able to accept it without any encumbrances against the title and allow the visitors to drive up, rather than walk up, the steep incline. In his opinion, Council had the authority to add the item to the agenda as an urgency item with a 4/Sth's vote. MSUC (Moot/Alevy) to declare that an urgency existed and that the item arose after the posting of the agenda, therefore, adding it to the agenda as an action item. * * * Mayor Horton left the dais at 7:16 p.m. * * * Minutes February 20, 1995 Page 7 Mr. Boogaard stated the Orange Avenue segment which had been built by EastLake between Wueste Road and the Visitor's Center was built on a right-of-way, 75 % of which was owned by EastLake and 25 % of which was owned by the USOC. The road was ready to be accepted and all the punch list items were completed, except for the Mechanics Liens that existed against the southside of the right-of-way, by virtue of work that was done on the entire campus and not just the roadway, which encumbered the title and prevented the City from accepting the easement deed from the USOC. The obvious risk was that a Mechanics Lien holder could foreclose against any portion of the campus including the right-of-way and the City would have released EastLake and USOC from their obligation of building the road and the City would be prevented from using it. Staff considered the risk low, but there was a method of protecting against it, i.e. delay until the Mechanics Liens were removed. The USOC was taking action to eliminate them, but that could be months away. The USOC had begun to conduct official tours but people were not able to drive up to the Visitor's Center on that roadway and had to walk approximately 'h mile up an incline to get to the Visitor's Center, In order to prevent that, staff was proposing that if the USOC would indemnify the City against the risks created by the Mechanics Liens, the City would accept the road. It was anticipated that the USOC would make a decision in the next several days. Staff recommended that Council authorize the City Manger, or his designee, to execute the Indemnity Agreement in substantially the form as presented to Council, subject to such modifications as the City Manager and City Attorney may agree upon; and authorize the City Clerk to accept deeds to the Orange Avenue Segment from the USOC and EastLake Development Company after the Indemnity Agreement was fully executed by the USOC and City, and authorize the City Engineer to accept the Orange Avenue Segment into the Streets and Highways System of the City. MINUTE MOTION: (Alevy/Moot) to authorize the City Manger, or his d~ignee, to execute the attached Indemnity Agreement in substantially the form as preented to Council, subject to such modifications as the City Manager and City Attorney may agree upon; and authorize the City Clerk to accept deeds to the Orange Avenue Segment from the USOC and EastLake Development Company after the Indemnity Agreement was fully executed by the USOC and City, and authorize the City Engineer to accept the Orange Avenue Segment into the Streets and Highways System of the City. Approved 4-0-1 with Hortnn absent. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 8. The minutes will reflect the published agenda order. OTHER BUSINESS 11. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Goss stated the park obligation of EastLake Development Company was listed for Closed Session. 12. MAYOR'S REPORT(S) a. Ratification of Appointment: Douglas G. Fuller - Otay Valley Project Area Committee. MSUC (Horton/Alevy) to ratify the appointment of Douglas G. Fuller to the Otay Valley Project Area Committee. 13. COUNCIL COMMENTS Councilmember Rindone a. Co-Sponsorship of National Town Meeting Video Conference (Environmentally Sustainable Communities). Councilmember Rindone announced the National Town Meeting Video Conference on 2/26/96 at San Diego State University. Minutes February 20, 1996 Page 8 Councilmember AlevV b. Security issues pertaining to lighting at Lauderbach Park. Refer to staff for immediate and long-range plans. Councilmember Alevy stated he had requested that staff address the security issues at Kiko Gardens adjacent to Lauderbach Park and he felt the Building and Housing Department had done a very good job in addressing those issues. A remaining issue was the lighting in the park which he felt was a serious security issue. He requested that staff return with a report addressing both long and short term solutions. Councilmember Moot c. Councilmember Moot announced the names of the "community heros" from Chula Vista that would be torch bearers for the 1996 Summer Olympics - Cindy Lee Johns, Dwight Johnson, Mike Lawler, Bob McAllister, Shannon Oriola. AD.IOURNMENT ADJOURNMENT AT 8:25 P.M. to the Regular City Council Meeting on February 27, 1996 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency convened at 7:33 p.m. and adjourned at 7:38 p.m. A Special Meeting of the Housing Authority convened at 7:38 p.m. and adjourned at 7:40 p.m. A Special Joint Workshop/Meeting of the City Council/Redevelopment Agency convened at 8:40 p.m. and adjourned at 9:52 p.m. CLOSED SESSION Council recessed at 7:33 p.m., met in Closed Session at 7:42 p.m. and reconvened at 8:25 p.m. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · Christopher vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · EastLake Development Company prospective mediation regarding EDC's park obligations. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid- Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 15. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Sode(quist, C~2)l~eputy City Clerk