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HomeMy WebLinkAboutcc min 1996/12/10MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 10, 1996 6:05 p.m. Council Chambers Public Services Building 1. ROLL CALL: PRESENT: ALSO PRESENT: C~LTOO~ Councilmembers Scott D. Alevy, John S. Moot, Stephen C. Padilia, Jerry R. Rindone, end Mayor Shirley A. Herton. John Goss, City Manager; John Kaheny, City Attorney; Patricia Schwenke, Deputy City Clerk; end Carla Griffin, Administrative Secretary. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: September 10, 1996 (City Council Meeting), September 17, 1996 (City Council Meeting) and September 17, 1996 (Joint Meeting of the City Council/Redevelopment Agency), November 19, 1996 (City Council Meeting), November 19, 1996 (Joint Meeting of the City Council/Redevelopment Agency), November 26, 1996 (City Council Meeting), and November 26, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) MSUC (Horton/Rindone) to approve the minutes; Padilia abstained on the minutes of 9117196. 4. SPECIAL ORDERS OF THE DAY: a. Conununts by Coundlmember A!evy. Councilmember Alevy reflected on his tenure as a Councilmember. He proposed quarterly business round table sessions for an opportunity for business people to meet and discuss their needs with the City. He also proposed monthly town hall meetings throughout the City in a different neighborhood every month without a specific agenda to give citizens a chance to air out their grievances and solve problems. He also suggested the City develop a program to put Rohr Manor to better use. Mayor Herton thanked Councilmember Alevy for serving as a Councilmember and presented him with a plaque end photographs in appreciation for his service to the City of Chula Vista. b. RESOLUTION 18510 RECITING THE FACT OF A SPECIAL MUNICIPAL RUNOFF ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - At the 3/26/96 General Municipal Election, no candidate for either Seat 3 or Seat 4 won by a majority vote. Therefore, according to the Charter, a Special Runoff Election was held on Tuesday, 11/5/96 between the top candidates for each Seat. Staff recommends approval of the resolution. (City Clerk) RESOLUTION 18510 OFFERED BY MAYOR HORTON, reading of the text was waived, rifle read, passed and approved unanimously. c. Presentation to Mayor Pro T~n by Mayor Herton. Mayor Herton presented Councilmember Moot with a gift in appreciation for serving as Mayor Pro Tern. Minutes December 10, 1996 Page 2 d. Oath of Offace for newly elected City Councilmembers. The Oath of Office was administered by the Honorable Federico Castro to Mary Salas and John Moot as City Councilmembers for the City of Chula Vista. Certificates of Election were presented to Councilmembers Salas and Moot by Mayor Horton. e. Comments by newly dected City Councilmembers. Councilmember Mary Salas thanked all of the people who worked on her campaign and pledged to the citizens that whenever she makes decisions on the City Council, it will be based on what is good for the citizens of Chula Vista and what will preserve the quality of life to make this community the same fine community she was raised in. There is an explosion of growth that will occur in the near future in Chula Vista, and we have to approach that development and growth with caution. We have to make sure the quality of life is preserved, while balancing the need for economic development. Councilmember John Moot thanked all of the people who worked on his campaign. He emphasized the following issues: Budget process: A budget process was stared last year based on a resolution he introduced to change the way the budget is done in Chula Vista, and it is important to recommit to make our budget the absolute best it can be. We have been through some difficult economic times and as a result, we have not been able to afford raises for all the personnel in the City for four years. We must conumt ourselves to this year's budget to figure a way to rectify the situation, because we have lost fine and dedicated employees who have taken opportunities elsewhere. Bayfront: We are in a partnership with the Port District, Rohr, and other major land owners in this area, and the time has come to have a master plan. The Bayfront can be the economic engine that allows us to have the best park and recreational department in the County, but we have to make it happen. Four-Year University: Part of the land in Otay Ranch was set aside for a university site, and he would like to see the City firmly committed to having one of the best four-year universities. Jobs: We are working on a project to bring a western regional bio-precessing center to Chula Vista, which would be the first on the West Coast. Providing a facility where bio-manufacturing companies can start up manufacturing to go through their test trials with the FDA is a vitally important link to actually having the kind of manufacturing and high paying jobs that are very good for Chula Vista and can sustain economic growth for the entire region. ***MEETING RECESSED AT 6:48 P.M. AND RECONVENED AT 7:45 P.M.*** 5. ROLL CALL (newly sworn in Council): PRESENT: Councilmembers John S. Moot, Stephen C. Padilia, Jerry R. Rindone, Mary Salas, and Mayor Shirley A. HorWn. ALSO PRESENT: John Goss, City Manager; John Kaheny, City Attorney; Patricia Schwenke, Deputy City Clerk; and Carla Griffin, Administrative Secretary. Minutes December 10, 1996 Page 3 CONSENT CALENDAR (Item pulled: 11) THE BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY MAYOR HORTON, including continuing item No. 7 to the meeting of 12/17/96, reading of the text was waived, ti~es read, passed and approved 5-0; Moot abstained from voting on Ran No. 12 because it involved the McMillan Company. 6. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed S~sslon on 11126196, that then were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. b. Resignation from the Economic Development Commission - Patty Davis and Brene E. Patrick. It is recommended that the resignations be accepted with regret and the City Clerk be directed to pest immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Resignation from the Youth Commission - Tyron E. Meservy. It is recommended that the resignation be accepted with regret and the City Clerk be directed to pest immediately according to the Maddy Act in the Clerk's Office and the Public Library. d. Resignation from the Cultural Arts Commission - Melody Cernitz. It is recommended that the resignation be accepted with regret and the City Clerk be directed to pest immediately according to the Maddy Act in the Clerk's Office and the Public Library. 7. RESOLUTION 18511 AMENDING THE BUDGET TO PROVIDE FOR SALARY ADJUSTMENTS FOR CERTAlN CLASSIFICATIONS - Included in the 1996/97 budget were recommendations to reclassify certain positions which were approved by Council in the budget adoption. At that time, however, there were several classification issues that had not yet been resolved and it was anticipated that staff would return to Council with recommendations regarding these classifications within several months. Staff recommends approval of the resolution. (Director of Human Resources) Continued to the meeting of 12/17/96. 8.A. RESOLUTION 18512 ACCEPTING AND AMENDING THE SALARY AND BENEFITS INCREASES FOR THE EXECUTIVE DIRECTOR AND DEPUTY DIRECTOR OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - On 9/5/95, Council approved the City to act as the "fiscal agent' for CBAG and act as conduit to obtain civilian support personnel and to acquire related supplies for three employees. On 7/16/96, Council approved adding two additional CBAG suppert personnel. The Deputy Director's position took effect 7/1/96, and the CBAG Coordinator for Operations/Intelligence is to take effect 1/1/97. This employee will continue to work in the United States Attomey's Office and perform the same duties, however, the City would become the 'fiscal agent" for this employee and continue to be the 'fiscal agent' for the previous four CBAG employees. Staff recommends approval of the resolutions. (Chief of Police) 4/Sth's vote required. B. RESOLUTION 18513 ACCEPTING $33,243 OF HIGH INTENSITY TRAFFICKING AREA (HIDTA) GRANT FUNDS TO THE POLICE DEPARTMENT, ADMINISTERED BY THE MASTER FISCAL AGENT SAN DIEGO POLICE DEPARTMENT, THE CBAG COORDINATOR FOR OPERATIONS/INTELLIGENCE POSITION, FROM JANUARY 1, 1997 TO JUNE 30, 1997 9. RESOLUTION 18514 AUTHORIZING STAFF TO PREPARE A LETTER TO THE SAN DIEGO REGIONAL TECHNOLOGY ALLIANCE (RTA) FOR THE MAYOR'S SIGNATURE REGARDING THE Minutes December 10, 1996 Page 4 DRAFT "DEVELOPMENT OF A SEAMLESS ECONOMIC DEVELOPMENT DELIVERY SYSTEM FOR SAN DIEGO" STUDY - The San Diego RTA is a State-funded, non-profit organization which serves companies wanting to develop dual use technologies through assistance in obtaining State and Federal grants. The RTA commissioned a consulting firm to evaluate existing economic development services throughout San Diego County and to recommend actions to create a "seamless economic delivery system.* The Draft Study's methodology findings and recommendation have been questioned by economic development organizations throughout the County. Staff recommends approval of the resolution. (Director of Community Development) 10. RESOLUTION 18515 APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH CALGIS, INC. FOR A GIS BASED TRAFFIC ACCIDENT RECORD SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT - Currently, the City has an agreement with Calgis, Inc. for the development of a GIS based Traffic Accident Record System. The agreement will expire on 12/31/96 and needs to be extended to allow completion of the work on the project. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 18516 SETTING A PUBLIC HEARING FOR JANUARY 7, 1997 TO CONSIDER VACATING A PORTION OF THE 100 BLOCK OF JEFFERSON AVENUE - The Chula Vista Elementary School District has applied to the City to vacate the portion of Jefferson Avenue from Flower Street to approximately 300 feet south, along the frontage of Feaster Elementary School. Staff recommends approval of the resolution. (Director of Public Works) (Pulled by the Cheryl Cox). · Cheryl Cox, 84 East 'J" Street, Chula Vista, representing the Chula Vista Elementary School District, requested this item be scheduled as a public hearing. The School District is negotiating to purchase the vacant lot immediately adjacent to the subject street closure. The only way the school can take advantage of the additional parcel is to have the street clos~l. The additional parcel will allow modifications to the school site to serve up to 1,000 students and would provide space for additional classrooms. RESOLUTION 18516 OI~'FERED BY MAYOR HeRTON, reading of the text was waived, title read, passed and approved unanimously. 12.A. RESOLUTION 18517 APPROVING FINAL MAP OF TRACT 96-05 RANCHO DEL REY SPA III, PHASE 1, UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 7/16/96, Council approved the Tentative Subdivision Map for Tract 96-05, Rancho del Rey SPA III, Parcel R-7. On that tentative map, unit boundaries were delineated. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18518 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 96-05, RANCHO DEL REY, SPA III, PHASE 1, UNIT 3, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 13. RESOLUTION 18519 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF TWO ANODIZED TRAFFIC SIGNAL CABINETS WITH SIGNAL CONTROLLER AND ONE CABINET WITHOUT SIGNAL CONTROLLER TO JOHN C. HENBERGER COMEANY AND APPROVING AN OPTION TO PURCHASE ADDITIONAL SIGNAL EQUIPMENT THROUGH JUNE 30, 1998 AT A PRICE INCREASE NOT TO EXCEED FIVE PERCENT - On 11/4/96, the City's Purchasing Department opened bids Minutes December 10, 1996 Page 5 from two traffic signal equipment suppliers to provide traffic signal cabinets and controllers for two new traffic signals and one traffic signal modification project. A low bid of $37,279.35 was received from John C. Henberger Company. Staff recomn'u~nds approval of the resolution. (Director of Public Works) 14. REPORT REGARDING THE ORDER OF HEARING ORAL COMMUNICATIONS AT CITY COUNCIL MEETINGS - Per direction given at the 11/19/96 Council meeting, staff is presenting a report on the timing of Oral Communications in the course of City Council meetings. Staff recommends approval of the resolution. (City Manager) RESOLUTION 18520 AMENDING COUNCIL POLICY NUMBER 104-01 ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS * * * END OF CONSENT CALENDAR * * * 15. ORDINANCE 2693 AMENDING CHAPTER 5.56 - TOBACCO AND WEED SALES AND SMOKING TO PROHIBIT SELF-SERVICE SALES OF CIGARETTES, TOBACCO, AND WEED PRODUCTS {firSt ~ - On 1/17/95, Council approved a $120,000 24-month grant from the California Department of Health Services, Tobacco Control Section. $30,000 was appropriated for the first six months of the program. Authorization was also given by Council to execute Service Provider Sub-Contracts with a provision for extensions through the life of the grant based on satisfactory performance and funding availability. The State authorized the second installment of the grant, in the mount of $60,000, for fiscal year 1995/96 and now has authorized the third installment, in the amount of $30,000, for fiscal year 1996/97. Staff recommends Council plare the ordinance on first reading. (Director of Parks and Recreation) Sunny Shy, Deputy Director of Parks and Recreation, reported that over the past two years the Parks and Recreation Department has worked with the YMCA, Boys and Girls Club, and South Bay Community Services to teach the youth regarding the use of tobacco products and its addiction. Councilmember Padilia has been working with the youth and looking at ordinances reflecting the needs of our community with regard to tobacco and its availability to youth. Studies show that half of all smokers begin before the age of 14 years, and 90 percent begin by the age of 19 years. · Lee Zoura, 3189 Main Street, Chula Vista, CA, rapresenting Bobar Liquor No. 125, opposes the ordinance because moving the displays from the store counters will result in a loss of business and profits. · Wes Braddock, 1130 Fifth Avenue, Chula Vista, CA, Coordinator of Gang and Substance Use Prevention with the Sweetwater Union School District, is in favor of the ordinance, because the School District educates youth against tobacco use. · Debbie Kelley, 2750 Fourth Avenue, San Diego, CA, Vice President for the American Lung Association, suppeas the ordinance, because it will decrease illegal sales of tobacco products to minors. · Manuel Gastelum, 137 Brightwood No. B, Chula Vista, CA, indicated he supported the ordinance, because it will decrease the sale of cigarettes to children. · Cindy Johns, 345 First Avenue, Chula Vista, CA, Chair of the Child Care Commission and PTSA President at Hilltop High School, stated the PTSA voted to support the ordinance, because of the health threats to childre~ who smoke cigarettes. · Valli Rapaport, 1100 Della Avenue No. 26, Coronado, CA, supports the ordinance and became involved with the battle against the Tobacco Industry after discovering her teenage daughter smoked a park of cigarettes per day; her daughter indicated she was able to purchase cigarettes from any store. Minutes December 10, 1996 Page 6 · Katrina Hartin, 422 "L" Street, Chula Visa, CA, a junior at Chula Vista High School, is in favor of the ordinance, because she opposes tobacco products and its use. She added that advertisements are geared to influence teens to use tobacco products. · Angela Codacheck, 517 Manzamta Street, Chula Vista, CA, ajtmior at Chula Vista High School and a member of the Youth Commission, favors the ordinance to place restrictions on tobacco sales to minors and the accessibility of the tobacco items. She participated in recent sting opamtions throughout Chula Vista for the purpose of measuring the cooporation of local merchants who sell tobacco. The minors went to different areas in Chula Vista and more than one-third of the stores were illegally willing to sell cigarettes to members. · Jennifer Herzbrun, 221-C Otay Valley Road, Chula Vista, CA, 13 years old, supports the ordinance, because she participated in the sting oparafion and was able to purchase cigarettes. She stated that many factors lead to smoking, but the main reason is easy access. · Ellie Cox, 647 Windsor Circle, Chula Vista, CA, a member of the Youth Commission and a junior at Hilltop High School, presented Councilmembers with t-shirts from the City of Chula Vista Teens as Teachers group. She supported the ordinance because of the addiction and health problems associated with smoking. · Larry Perondi, 1446 South View Court, Chula Vista, CA, Principal of Chula Vista High School, spoke in favor of the ordinance because of the health threats to the 50,000 children in the Chula Vista School District. · Bob Doyle, 2750 Fourth Avenue, San Diego, CA, American Lung Association, spoke in favor of the ordinance because of the addiction related to smoking tobacco products. · Eloy Villa, 157 Second Avenue, Chula Vista, CA, American Cancer Society Vice President of Public Issues of the South Bay Hispanic Unit, supports the ordinance, because it will ban the sale of tobacco products to minors. · Theodora Gentry, 1261 Third Avenue, Suite E, Chula Vista, CA, Prevention Specialist for the Episcopal Community Services Regional Recovery, supports the ordinance. She works with ateam of recovering drug addicts who speak to children in the community so they will not b4~',,ome addicts. One thing common among the majority of recovering addicts is they started smoking cigarettes very young; it was their introduction to that first drug and was followed by other drug use. · Beth Beeman, 100 West Broadway, Suite 370, Long Beach, CA, President of the California Grocers Association, reminded Council that the retailers were residents in the community with children, and they share the same concerns. The retailers want to work with the City to come up with alternative programs. They support the ordinance, but are opposed to the ban on self-service displays. The retailers want to stop the illegal sales to minors, but getfrog rid of the self-service displays is not the issue; the issue is making sure the clerk does not sell to minors. With 30 percent of the retailers illegally selling tobacco products to minors, they should be fined; but the 70 parcent who pwparly and legally sell tobacco products should not be penalized. She suggested taking care of business with the current laws and not impose new laws on business who are having a tough time struggling to survive in this economy. · Frank Gambina, 7811 University Avenue, La Mesa, CA, with the Southland Corporation, has several 7-11 stores in Chula Vista, and they oppose the ban on the self-service displays. 7-11 sells cigarettes to adults, and their cigarette displays are placed on the sales counter in direet view of the clerk and the surveillance cameras. They stand to lose a considerable amount of income if they am forced to remove the cigarette racks. He suggested enforcing the current laws and to educate the children from smoking. · Charles Snaith, 580 First Avenue, Chula Vista, CA, C&G Gas Station, opposes the ordinance and feels the City should not dictate how he conducts business. Minutes December 10, 1996 Page 7 · George A. MRoss Jr., Ph.D., 3310 Lynnwood Drive, Chula Vista, CA, representing Whispering Trees Market, opposes to the ordinance and believes that prohibition is not the answer. Councilmember Salas stated she did not see where there would be a hardship or a drop in legitimate sales by a customer asking the sales clerk for cigarettes. Dr. MRoss said explained that retailers receive fun& called "slotting fees" from the tobacco industry for the self- service displays, and if the displays are moved, perhaps that funding might not be available. The purpose for the self-service displays is advertising. ® Hickmat Zoura, 1223 Third Avenue, Chula Vista, CA, owner of Ernie's Liquor, opposes the ordinance, because he would lose profits. He added that customers like the convenience of choosing their own brands from the displays. · Lee Zillo, 1447 Orange Avenue, Chula Vista, CA, owner of Orange Liquor, opposes the ordinance, because his store receives income from the tobacco industry for space on the counter and without the income, it would be a hardship based on the current economy. · Arkan Somo, 3911 North Cordoba Avenue, Suite C, Spring Valley, CA, Executive Director for the San Diego Merchants Association, expressed that the association agrees with the State Act, but opposes the ordinance. The ban on self-service tobacco displays do not achieve the goal that is set for it, because self-service tobacco displays do not sell cigarettes to minors, the clerks do. The retailers would lose the slotting fees paid by the tobacco industry which range from $3,000 to $10,000 per year. · Chris Rogers, 310 Ash Avenue, San Diego, CA, owner of 7-11 stores in Chula Vista, opposes the ordinance, because the revenue lost from the self-service displays is substantial. Eliminating self-service racks will not change or stop underage people from smoking cigarettes. · Jack Meng, 889 Redbud Place, Chnla Vista, CA, owns two convenience stores in the City, and he opposes the ordinance. He suggested educating the retail clerks. · Nazar Ono, 640 E Street, Chula Vista, CA, owner of a liquor store, opposes the ordinance and suggested fining the stores whose clerks sell tobacco products to minors. ® Al Paulus, 1606 West Frontage Road, Chula Vista, CA, representing Trepco West, opposes the ordinance, because it will affect income generated from the tobacco industry by having the displays on the counter. Paul Najor, 297 Broadway, Chula Vista, CA, spoke in opposition of the ordinance. There be'rag no further speakers, the public hearing was closed. Councilmember Padilia stated one of the goals to educate young people about the dangers of tobacco products was to strengthen the existing ordinances that deal with the sale of tobacco products. The proposed change to the ordinance will conform with State law, and also require the stores check identification for people who purchase tobacco products to ensure the purchaser is 18 years or older. There is a section that requires tobacco products be sold in their original packaging. The stores would not be able to remove the tobacco products from their original packaging to disperse and market them in different forms. The ordinance also indicetes no self-service vending of tobacco products, which means if a persen wants to purchase a tobacco product, the person ne~ls to ask the vendor for it. The tobacco industry pays large amounts of money to retailers to display tobacco products in open sales, and the new ordinance would prohibit that. The ordinance will eliminate the sale of tobacco products by vending machines, except for a business that holds on-site public premise liquor licenses or adults only establishments. A personal reason for supporting this ordinance is because his grandfather died of lung cancer as a result of tobacco products. Minutes December 10, 1996 Page 8 Councilm~mber Moot supported the ordinance, because it is intended to stop the illegal sales of cigarettes to minors. He suggested increasing the punishment and fines for the sale of tobacco products to minors. Councilmember Salar stated bared on the limitations of staff and resources, we would run into problems with enforcement. Councilmember Padilia pointed out that the staff report indicates improvements to better enforcement. A lot of the enforcement lies with the State, because it har a greater ability to punish people under its statutes than we do under the Municipal Code. John Kaheny, City Attorney, advised that the penalty section of the Municipal Code authorizes the violation to be prosocut~l either as an infraction or misdemeanor at the discretion of the City prosecutor. Making removal of displays a portion of the punishment section for either an infraction or misdemeanor would nm into problems with those provisions in the Penal Code which set forth the limitations. He stated that penalties ar~ pre--empted by the California Penal Code, which set forth the parameters for infractions and misdemeanors. Councilmember Rindone stated this is a difficult issue, but the consensus is that smoking is a habit that provides risk to the health of the individual. The concern of the merchants of the impact of making a livelihood is a valid one; however, if the ordinance saves one life and promotes less opportunities for youth to have access to tobacco products, he supports it. While this may not solve all the social ills, it is a positive step in the right direction. Councilmember Herton inquired of the decision by the San Diego County Board of Supervisors' regarding this issue and their current ordinance. Ms. Beeman, California Grocers Association, answered that one of the recommendations was to pass an ordinance against the self-service ban. Staff felt that there were already laws to take care of the problem. There are new federal regulations which will come in effect in 1997 which will prohibit self-service displays. Ms. Kelley, American Lung Association, stated this proposal was never officially brought m the Board of Supervisors, ar it was only discussed by staff. If the newly enacted regulations go into effect on 2/28/97, self-service displays would be banned; however, the tobacco industry har already challenged those requirements, and they probably won't be implemented for years. She believed the financial losses expressed by the retailers were greatly exaggerated. Mayor Herton stated the problem is to stop the illegal sales to minors and one way is through a penalty. We need to enforce the current ordinance, and she suggested staff research the possibility of a penalty system for a trial period of three to six months and return with a report. Councilmember Moot stated he supports the ordinance, but suggested improving Section 5.56.060 in such a manner that we don't penalize the people who are not the direct target of what we are trying to do. He commented the people we want to punish is the tobacco industry, and this seems to be an indirect form of punishment to the retailers who will bear the economic loss. To punish the innocent middle man isn't necessarily fair, and the issue is fairness. Councilmember Padilia understood the concern, but some of the changes in strengthening that section would involve allowing some self-service sales, and he could not support that. Councilmember Moot suggested passing the ordinance without Section 5.56.060, and to look at potential alternatives that could be draflad into the statute to accommodate the interest of the innocent sellers who do not violate the law and sell to minors. Minutes D~em~r 10, 1996 Page 9 Councilmember Padilia disagreed and stated when you force someone to obtain the product from the clerk, you increase the chances that person will have their identification checked, which will decrease the chances of the product being sold to minors. ORDINANCE 2693 PLACED ON FIRST READING BY COUNCILMEMBER PADILLA. Councilmember Salas inquired as to the possibility of removing the displays to a place whore they would still be intervention by a clerk to obtain the tobacco products so the merchant could continue to receive the slotting fees. Mr. Somo, San Diego Merchant Association, answered by moving the displays, the merchants would not receive the slotting fees; the whole objective behind the displays is to target adults to change name brands for tobacco products. Councilmember Salas disagreed, because if the tobacco industry is not willing to pay the merchants for a display that is visible to the customer walking in, then the whole idea of the tobacco industry is for easy access. MSUC (Padilla/P, indone) to approve Ordinance 2693 (tint reading). ***MEETING RECESSED AT 10:50 P.M. AND RECONVENED AT 11:10 P.M.*** PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 127 ALONG PALOMAR STREET FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD - On 11/5/96, Council approved a public hearing to be held to determine whether the public health, safety or general welfare requires the formation of an underground utility district along Palemar Street from Interstate 5 to Industrial Boulevard. Staff recommends Council open the public hearing end continue the item to the meeting of 12/17/96. (Director of Public Works) This being the time and place, the public hearing was declared open. There being no speakers, the public hearing was declared closed. MSUC (Horton/Padilla) to continue to the meeting of 12/17/96. 17. PUBLIC HEARING ZAV-96-12; CONTINUATION OF A PREVIOUS PUBLIC HEARING REGARDING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF A REQUEST FOR A VARIANCE TO INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN TIlE C-T THOROUGHFARE COMMERCIAL ZONE -MARTIN ALTBAUM - This is a continuation of a previous public heating involving an appeal from the planning Commission's denial of a request for a variance to allow the onustraction of a rooftop sign to 42 feet in height for the commercial building located at 396 'E' Street, within the C-T Thoroughfare Commercial zone. The C-T zone limits the height of rooftop signs to 35 feet above grade. The previous hearing was continued with direction from Council that staff come back with a more definitive solution in ms~nso to the applieant's request. Staff recommends approval of the resolution denying the appeal; or approving the resolution approving the appeal, subject to the findings and conditions contained therein. (Director of Planning) Continued from the meeting of 11/19/96. Minutes December 10, 1996 Page I0 A. RESOLUTION 18437-1 DENYING THE APPEAL OF COIN MART FROM THE DECISION OF THE PLANNING COMMISSION AND THEREBY DENYING A VARIANCE FOR THE CONSTRUCTION OF A ROOF-MOUNTED SIGN TO 42 FEET ABOVE GRADE FOR THE COMMERCIAL BUILDING LOCATED AT 396 "E" STREET IN THE C-T THOROUGHFARE COMMERCIAL ZONE B. RESOLUTION 18437-2 APPROVING THE APPEAL OF COIN MART FROM THE DECISION OF THE PLANNING COMMISSION AND THEREBY APPROVING A VARIANCE FOR THE CONSTRUCTION OF A ROOF-MOUNTED SIGN TO 42 FEET ABOVE GRADE FOR THE COMMERCIAL BUILDING LOCATED AT 396 "E" STREET WITHIN THE C-T THOROUGHFARE COMMERCIAL ZONE (Councilmember Rindone abstained from voting due to the close proximity of his residence to the applicant's proposal.) Bob Leiter, Director of Planning, reported that staff worked with the applicant for a definitive solution. Based on staff's review and their discussion with the applicant, staff continues to recommend the denial for the variance for the rooftop sign. He also indicated he would be willing to compromise by having only two facia signs, if he is able to install a roof-top sign. This being the time and place, the public hearing was declared open. · Martin Altbaum, 396 'E* Street, Chula Vista, CA, owner of Coin Mart Jewelry, supports Resolution 18437-2 to approve the appetd of Coin Mart and approve a variance for construction of a roof-mounted sign to 42 feet above grade for his commercial building. There being no more speakers, the public hearing was declared closed. Councilmember Moot proposed to go ahead and approve the variance with the condition of no faeia sips; however, with a clear understanding that if Mr. Altbaum advises staff he has the sign contractor and wants to build the signs, we would be willing, without pre-committing, to look at those and consider two facia signs to cover the directional concerns he has. Councilmember Padilia offered Resolution 18437-2, clarified as stated with the conditions that have been expressed. Councilmember Salas clarified that the condition was without the facia signs. RESOLUTION 18437-2 0Iq~'ERED BY COUNCILMEMBER PADILLA, as amended, reading of the text was waived, title read, passed and approved 4-0-0-1 with Rindone abstaining. ORAL COMMUNICATIONS · Rick Mattias, 926 Nacion, Chula Vista, CA, expressed concern of a traffic safety issue regarding the corner of East 'L" Street and Nacion Avenue, He stated the resident at 352 East "L" Street constructed a 6 foot high wall which exceeds the City ordinance, and the wall is constructed with wrought iron and pillars. The resident at this address mined his front yard to complete concrete, and it is now a parking lot that obstructs visibility on 'L" Street. He requested an investigation be conducted as to why the City allowed this to occur. Mayor Herton advised she would have staff research the matter. Minutes December 10, 1996 Page 11 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 18. REPORT DENYING REQUEST FOR ALL-WAY STOPS ON LAKESHORE DRIVE AT HARTFORD STREET AND LAKESHORE DRIVE AT CREEKWOOD WAY - At the 8/8/96 Safety Commission meeting, a report was presented regarding a written request from Geoffrey Clemmons at 1948 Clearbrook Drive requesting an all-way stop be installed on Lakeshore Drive at Clearbrook Drive. At that meeting, the Safety Commission voted to deny an all-way stop and that staff bring back all-way stop studies and new speed surveys for Creekwood Way and Hartford Street at the October Safety Commission meeting. Staff recommends Council no_It approve the installation of all-way stops at Creekwood Way and at Hartford Street on Lakeshore Drive. (Director of Public Works) Councilmember Padilia abstained from voting due to the proximity of the subject intersection to his residence. Cliff Swanson, Deputy Director of Public Works, stated City staff reviewed the subject intersections at the request of the Safety Commission and found they did not meet the warrants for all-way stops. Staff recommends denial of installing the all-way stops. MS (Rindone/Salas) to accept staff's recommendation to deny the installation of all-way stops at Creekwood Way and Hartford Street, on Lakeshore Drive. Councilmember Moot stated this is not the first time staff's recommendation differs with the recommendation of a Commission. He understood the warrant system which is partly based on past accidents, but often the purpose of the stop sign is to prevent an accident from occurring. Mr. Swanson explained there are several reasons for stop signs, and speeding is not one of them. Accident warrant is one of the conditions and it depends how many accidents happen. Both these intersections have a good accident rote with none in nine years. Installing stop signs that are not warranted could cause accidents. · Geoffrey Clemmons, 1948 Clearbrook Drive, Chula Vista, CA, a resident in the neighborhood, has observed an ongoing problem with the excessive speed of traffic around the loop road of Lakeshore. Approximately six months ago, he brought his concerns to the Safety Commission with a suggestion that a stop sign might alleviate the problem. The Safety Commission recogniz. od a problem existed and asked the Engineering Department for alternative recommendations. The Engineering Department did not come up with any alternatives. Although the Safety Commission recognized that stop signs were not the preferred method of controlling speed, they approved the installation of all-way stop signs. He requested Council deny staffs recommendation and suppert the Safety Commission's decision to install the all-way stop signs. · John Liken, 609 Forrester Lane, Chula Vista, CA, Chair of the Safety Commission, opposed staffs recommendation and suggested a joint meeting of the Safety Commission and Council. VOTE ON MOTION: Passed 3-1-0-1, with Moot opposed and Padilia abstaining. Minutes December 10, 1996 Page 12 ITEMS PULLED FROM THE CONSENT CALENDAR (Item 11: The minutes will reflect the published agenda order.) ***MEETING RECESSED AT 11:35 P.M. AND RECONVENED AT 12:33 A.M. [12/11/96]*** OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. · Council Goal Setting Workshop. Mr. Goss suggested the meeting be held on Thursday, 1/16/97 at 4:30 p.m. 20. MAYOR'S REPORT(S) a. Appointment of the Mayor Pro Tem for 1996/97. MSUC (Horton/Rindone) to appoint Councilmember Padilia as Mayor Pro Tern for 1996197. b. Monthly workshop meetings. Mayor Hor~n suggested having monthly workshop meetings at 4:30 p.m. to get up to date on City issues. MSUC (Rindoneatorton) to conduct monthly workshop meetings on the third Thursday of every month at 4:30 p.m., unless canceled. c. RESOLUTION 18521 DEFINING THE BASIS FOR SCHOOL FACILITIES IMPROVEMENT DISTRICT NUMBER 1 AND IDENTIFYING THE DOLLARS ASSIGNED IN THE GENERAL OBLIGATION BOND ELECTION - This is in support of the Sweetwater Union High School District's 3/4/97 bond issue. It is recommended that the resolution be approved. Councilmember Rindone requested advice from the City Attorney regarding his participation on items involving the Sweetwater School District. John Kahuny, City Attorney, advised Councilmember Rindone that Section 82030 of the Political Reform Act exempts any governmenial salary from the definition of income, so his salary is not the basis for any kind of legal conflict, and he is free to vote on issues involving the Sweetwater School District. RESOLUTION 18521 OIH~I~RED BY MAYOR HORTON, reading of the text was waived, title read, passed and approved unanimously. d. Mayor Hotton motioned to schedule the closed session meeting for 12/17/96 at 5:30 p.m. VOTE ON MOTION: Passed and approved unanimously. 21. COUNCIL COMMENTS: None. ADJOURNMENT The meeting adjourned at 12:40 a.m. to a closed session. [12/11/96] Minutes December 10, 1996 Page 13 Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Patrieia Schwenke, Deputy City Clerk