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HomeMy WebLinkAboutcc min 1990/03/20 MINUTES OF A REGUIaa~ MEI;-I1NG OF THE taTY OF CHULA VISTA Tuesday~ March 20, 1990 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CAIL: PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox ABSENT: Couneflmembers Malcolm and Nader ALSO PRESENT: City Manager, John D. Goss; City Attorney, Thomas HalTon; and City Clerk, Beve~y A. Authelet 2. pLF. rIGE OF .AI J .~GIANCE TO THE FLAG. SILF..NT PRAYER 3. APPROVAL OF MINUTES: February 22, 1990 and March 13, 1990 MSC (Cox/McCandliss) to approve the minutes of February 22, 1990 and March 13, 1990 as presented. Approved 3-02 with Councilmembers Malcohn/Nader absent, 4. SPECIAL ORDERS OF THE DAY: 4a. Mr. Eric Mische, Director of Engineering, Project Manager, City of San Diego, gave an update of the Clean Water Program for Greater San Diego. He stated the Facility Planning report was due 3/18/90, and sated the second phase of the Facility Planning report would be the environmental documents for each site and there were due on 8/15/90. The public hearing will be held in October. The third phase of the Facility Planning report will be the fmancial and revenue programs. These are in process and expected mid-June. City Manager Goss sated that Chula Vista has been involved in the Oversight Committee of the Governance Advisory Group regarding the Expansion of Metro 2. Mayor Cox felt the element on water conservation and reclamation should be key issues. He questioned the time line the City was working on. City Manager Goss stated there was a limited window of opportunity. The Clean Water people need to know what Chula Visa's position is regarding joining Metro 2. He added that the City's consultants are near completion of the study authorized by the Council to review these alternatives and he felt this should be reviewed before any decision was made. The City also needs further feedback from the Clean Water people regarding the Ci~s share of costs. Mr. Mische stated that this information would be included in the report in June. It will also break down costs by user classifications. He thought he could get the information to the Council earlier if necessary. City Manager Goss stated the information was needed in order to make the analysis. MINUTES March 20, 1990 Page 2 Councilman Moore stated he is a member of the Advisory Group and has been passing along information to the Counc~. As an Advisory Group, they do not deal with the placement of plants or lines. Councilwoman McCandliss also felt water reclamation was a critical issue and she was pleased this has come back to Council so soon. City Manager Goss stated this is, by far, the most expensive public improvement project ever considered by the City of Chula Vista. He noted it w~l be a very complicated project and w~l need to hire special legal counsel, engineering, etc. He stated the City would also have to consider the fact that the Chula Vista sewer system has excess capacity and how the City would get credit for this. He stated the project is a tremendous financial responsibility. 4b. Mayor Cox presented proclamations to Mr. Dick Slaker of Chula Vista City Schools and Mr. Bob Snyder of EastLake Development Company proclaiming Wednesday, March 7, 1990 as 'Arbor Day" in the City of Chula Vista, California. Mr. Bob Sennett accepted the proclamation for Mr. Slaker. 4c. Mr. John Gray, Division Chief, California Department of Forestry Service, presented the Mayor with a ten year award as 'Tree City USA', signs to be placed in the community designating Chula Vista as "Tree City USA", and flag. Mayor Cox accepted on behalf of the City. He praised the work of Bill & Jo Rathman, the Garden Club, and Will Hyde for their initial efforts in starting this program. 4d. Mayor Cox presented City Attorney Harron with Resolution 15557, HONORING THOMAS J. HARRON AT THE CONCLUSION OF HIS SIX YEARS OF SERVICE AS CITY ATTORNEY OF THE CITY OF CHULA VISTA. Mayor Cox stated it was with a note of sadness that he was presenting this to Mr. Harron and noted his wise counsel and service to the community. 1~13 Mr. Harron expressed his appreciation in being given the ability to serve as the City Attorney and wished the Council all the best. CONSENT CALENDAR (Items pulled: 7, 8, 12, and 14) MSC (Cox/McCandliss) to continue Item 6 to the meeting of April 3, 1990 as the Ordinance requ/red a 4/S's vote. Approved 3-0-2 with Councilmembers Malcolm/Nader absent. BALANCE OF THE CONSENT AGENDA WAS OFe'~IED BY MAYOR COX, reading of the tex~s was waived, passed and approved 3-0-2 with Councilmembers Malcolm/Nader absent. 5. WIll I.'I'FA~I COMMUNICATIONS: 5a. Letter of concern regarding the widening of Naples Street at the Country Club entrance -Gordon E. Jones, 211 Naples Sl~eet, Chula Vista, CA 92011 - Recommended that Mr. Jones' letter regarding the conditions on Naples Street be received and filed. l?~otq 5 b. Notice that the County of San Diego is planning to lease office space in two locations within Chula Vista for the Public Defender and the Office of the Assessor and requesting waiver of the 60 day notification requirement provided in Government Code Section 25351 -Robert M. Maxwell, Deputy Director, Real 13015' MINUTES March 20, 1990 Page 3 Property Management Division, County of San Diego, 5555 Overland Avenue, San Diego, CA 92123-1294 - Recommended that the City Council authorize the City Clerk to execute the form supplied by the County of San Diego Waiving the 60 day notification requirement. 5c. Letter of resignation from the Safety CornmL~sion - Gene Militscher, 190 East Emerson Street, Chula Vista, CA 92011 - Recommended that Mr. Militschefs letter be continued until the meeting of March 27, 1990, inasmuch as further research is being done on whether or not the Safety Commission and other Commissioners should be required to f~e Statements of Economic Interest. /3~/~ 6. ORDINANCE 2372 ESTABLISHING THE POSITION OF ASSISTANT DIRECTOR OF BUILDING AND HOUSING (second reading) (Director of Personnel) Pulled from Consent Calendar and continued to 4/3/90. /:~t~ F] 7. ORDINANCE 2362 ADDING CHAPTER 2.33 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CULTURAL ARTS COMMISSION (tirst reading) - The Chula Vista 2000 Cultural Arts Subcommittee has recommended the establishment of a Cultural Axts Commission and has worked with staff in formulating the more detailed description of the commission in the proposed ordinance. Staff recommends Council place ordinance on first reading, direct City Clerk to solicit applications and refer funding issues to the budget process. (Deputy City Manager) Pulled from Consent Calendar /30/~' 8. : ORDINANCE 2363 ADDING SECTION 19.60.O41 AND AMENDING SECTIONS 19.60.545, 19.60.570 AND 19.60.580 OF THE CHLRA VISTA MUNICIPAL CODE I~ ELATING TO POLITICAL SIGNS (first readini) - The political sign ordinance was reviewed and staff recommends three changes: 1) the prohibition against posting of political signs in the public right of way should be expanded to prohibit the posting on any sign in the public right of way; 2) the 30 day pre-election sign posting ban should be eliminated; and 3) permit requirement for the posting of a political sign should be eliminated. Staff recommends Council place ordinance on first reading. (Assistant City Attorney) Pulled from Consent Calendar 130 Iq 9. RESOLUTION 15554 WAIVING THE FILiNG FEES FOR A CONDITIONAL USE PERMIT FOR A RELOCATION SIGN - Patrick Media has offered to remove five billboards in return for one billboard for a ten-year period. Council is requested to waive the fees for the Conditional Use Permit which would permit relocation of one of the billboards. Staff recommends approval of the resolution. (City Attomey)/30,2z> 10. RESOLUTION 15555 ACCEpTINGGRANTOFEASEMENTFORb-rREETPURPOSES, DEDICATING SAID STREET TO PUBLIC USE AND OFFICIALLY NAMING SAID SI-REET "E" STREET - On 3/30/90, the Public Works and Planning Depanrnents placed conditions on Final Parcel Map 89-12 requiring the developer, Village Associates, to offer to dedicate real property on "E" Street, The development consists of 20 condominium units located on the north side of'E" Street east of Broadway. Staff recommends approval of the resolution. (Director of Public Works) /~9~/ 11. RESOLUTION 15556 WAIVING BID REQUIREMENTS AND APPROVING AGR REMENT ~ DSI CORPORATION FOR PURCHASE OF FRONTEND COMMUNICATIONS PROr~-qSOR AND AUTHORIZING STAFF TO PURSUE FINAN(~NG THROUGH THE CALIFORNIA CITIES FINANCING CORPORATION - The FY 1989-90 Capital Improvement Program includes the first year's funding for the replacement of Data MINUq~S March 20, 1990 Page 4 Processing's mainframe computer and related equipment. The purchase of a Frontend Communications Processor from DSI Corporation is recommended as the first step in the replacement process. Staff recommends approval of the resolution. (Director of Management Services and Director of Finance) 12. REPORT PUBLIC NOTICE OF COUNCIL SUBCOMMH'H~E $GS - Council directed staff to consider providing published notice and public participation for Council subcommittees. Given the nature and scheduling of Council subcommittee meetings, it is recommended that they not be publicly noticed as a standard practice, but that participation by interested members of the public be permitted where it is practicable and the subcommittee members feel it would assist the process. Staff recommends Council not require notice/public participation at subcommittee meetings but allow it at discretion of subcommittee members. (City Attorney) Pulled from Consent Calendar /30,~ 3 13. REPORT AMERICAN DIABETES ASSOCIATION REQUEST TO CONDUCT A FOND RAISING BIKE RIDE - The San Diego Chapter of the American Diabetes Association requests permission to conduct a bike ride. through the City of Chula Vista on Saturday, March 31, 1990. (Director of Parks and Recreation) / ~ O .2 5t 14. REPORT PARKING IVm-fl~R FEE INCREASE - The Redevelopment Agency and Town Centre Project Area Committee are interested in acquiring four lots in downtown to provide additional parking in Town Centre. Available funds, however, are not sufficient for the acquisition of lots and development of a parking lot. Parking meter fees need to be increased in order to obtain the necessary funds to undertake this project. Staff recommends Council accept report, approve staff recommendations, and authorize staff to prepare the appropriate ordinance. (Director of Community Development) Pulled from Consent Calendar /3v ~ * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND REI~TED RESOLUTIONS AND ORDINANCES OTHER BUSINESS 15. ORAL COMMUNICATIONS 15a. Victor A. Nolan, 12 Via Barbarini, Chula Vista, CA, stated he wanted to give notice to the viewers that the Council would consider a wording change in the Cardroom Ordinance at their March 27th meeting. He urged all concerned citizens to attend the meeting and share their concerns with the Council. He then questioned the price of one cardroom license and stated he might be interested in purchasing one. He would not use it, therefore, there would only be two cardrooms within the City. 15b. Paul Greene, St., 141 Lotus Drive, Chula Vista, CA, representing the Greene Family Estate, expressed his concerns that the City had violated a Judge's Order when removing the vehicles from his property. He requested that the Council refer this item to the City Attorney for review. Councilwoman McCanclliss stated that Council had requested a memorandum outlining the law suit Mr. Greene had filed against the City. She had not received the memorandum and requested an update. MINUTES March 20, 1990 Page 5 16. ITEMS pUH.~D FROM THE CONSENT CALENDAR Item 7. ORDINANCE 2362 ADDING CHAPTER 2,33 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CULTURAL ARlx3 COMIVIISSION (first reading) Mayor Cox stated that the actual ordinance referred to criteria and placement of public art. He had envisioned recommendations to the City Council on public art features in redevelopment districts and felt this role was vital to the community. He felt those projects to small or choosing not to place public an within their development should be allowed to make donations to the fund. He wanted to amend the ordinance to include this rule and also noted that the references to City Manager within the ordinance stated "he* and should not reflect specific gender. He stated that the emphasis was mainly oriented to the eastern territories and he wanted to suggest that the Council keep their options open. A cultural arts facility could be built on the west side which could be tied into the development of the bay front properties. Councilwoman McCandliss stated the Mayor was correct about the development of the bay front. She felt the reason for the emphasis on the eastern territories was due to the land EastLake had made available, She felt the Chula Vista 2000 Subcommittee had looked at the program in much brnader terms, She expressed her delight in the formation of the Commission and noted that the staff report had listed Parks & Recreation as staff support. She felt that the Library had also been active and felt they should be included as staff support. Councilmember Moore questioned Section 2.33.030(F) and stated he had not seen this verbiage in other Commission/Board ordinances. He stated that staff works for the City Manager and did not feel this was appropriate. ~ tl~loore/McCandliss) to delete the last sentence of Section 2-33.030(F3. Councilwoman McCandliss questioned whether this sentence was included in other ordinances. Deputy City Manager Thomson stated he had compiled a sample packet of ordinances for the Subcommittee to review and they had chosen this one. He could only state that this sentence was in some of them and was not certain if it was in all ordinances. Councilwoman McCandliss stated that if the sentence is removed, it did not mean that staff should not cooperate with the Commission. VOTE ON MOTION: 3-0-2 with Councihnembers Malcohn/Nader absent Councilman Moore stated he also had a problem with the words 'as required" contained in Section 2.33.060(A). He felt it should be made clear that the City Manager may make available any staff and clerical support as deemed appropriate via the budget process. Councilwoman McCandliss felt the needs of the Commission should be met until they become excessive. City Manager Goss felt that the wording left the decision to the discretion to the City Manager. He also liked the inclusion of the budget process which relates to the funding levels which are discussed with the Council. Councilwoman McCandliss stated Council relies heavily on the recommendations from the Boards/Commissions and felt the Council should give their support to the Commission. She felt there needed to be a commitment. MINUTES March 20, 1990 Page 6 MSC (McCandliss/Cox) to revise Section 2.33.060 to read: The City Manager my make available sniff and clerical support to the Commission to fulfill its functions and duties provided such staff and clerical support/s antiable. Motion carried 3-02 w/th Collneflmpmbets Malcalm/Nader absanr. MSC (Cox/Moore) to add the foRowing irPrn, to Section 2.33.020: H. Advise the Redevelopment Agency on expenditure of fine arts in lieu fees. I. Make recommendations to the Redevdopment Agency on fine arts features within all Redevdopment Dislricts. Motion carried 3-0-2 with Councilmembers Malco/m/Nader absent. MSC (Cox/McCandliss) to revise Section 2.33.030(Q and any other applicable Sections to change the reference from 'his' to 'his/her'. Motion carried 3-02 with COuDeilrnefllbel's Malcolm/Nader absent. ORDINANCE 2362 pLA3~E-n FOR FIRST READING BY MAYOR COX, reading of the text was waived, passed and approved 3-02 with Couneilrnp. lnbers Malcolm/Nader absent. Mayor Cox commended the Chula Vista 2000 Subcommittee for the ~remendous job they had done and noted there will be openings for nine commissioners. Councilwoman McCandliss noted that this was a beginning for the City and she felt it had star~ed out very well. She thanked the Subcommittee for their work and stated she looked forward to working with the Commission in the funire. She further stated that the ordinance allowed for ex-officio members that were not required to live within the City. Item 12. REPORT PUBLIC NOTICE OF COUNCIL SUBCOIVIlVII'I'fER MEETINGS Councilwoman McCandliss stated she would like to continue this item as a courtesy to Councilman Malcolm. Mayor Cox stated Mr. Hyde was in the audience and wished to speak on this item. Will Hyde, 803 Vista Way, Chula Vista, CA, stated he was speaking on his own behalf and supported continuing this item for a full Counc~. He stated he had tree comments: 1. congratulations to the Counc~ for reviewing this issue; 2. he disagreed with the staff recommendation; and 3. he felt this item should be discussed during a public hearing. He recommended that Counc~ continue this item and that it be scheduled for a public hearing. MSC (Cox/Moore) to direct sniff to bring the Report back at the first full Council meeting. Approved 3-2-0 with Councilmembers Malcolm/Nader absent. Councilman Moore questioned whether the subcommittees should have an attorney present at all meetings. He further questioned whether the subcommittees were illegal. City Attorney Harton stated an attorney was not always present at the subcommittee meetings. Councilwoman McCandliss stated the issue of subcommittees participating in staff negotiations would be an issue discussed by the Council if this item is continued and brought back to Council at a later date. Councilman Moore stated that maybe the Council should discontinue the subcommittees or review why they have them, or have less. MINUTES March 20, 1990 Page 7 Mayor Cox requested that staff let Mr. Hyde know when this item will come back to Council. Item & ORDINANCE 2363 ADDING SECTION 19.60.041 AND AMENDING SECTIONS 19.60.545, 19.60.570 AND 19.60.580 OF THE CHULAVlSTA MUNICIPAL CODE I~t-~TING TO POLITICAL SIGNS (first reading) Councilman Moore stated he had a problem with the ordinance and questioned whether the City could legally enforce the law ff approve& He felt the cooperation of the community was important. Mayor Cox stated the City does regulate and prohibit signs and that signs in the right-of-way are illegal. He stated this was almost impossible to enforce other than taking the sign down. Councilwoman McCandliss stated the current law is usually violated the day before the election. She stated it was ironic how the ordinance was written, in that the Council was looking for a way to tighten up control of signs and the ordinance would allow political signs up to 4-5 months before elections. She stated she believed very strongly in the First Amendment, peoples' right to say whatever they want and the right to fight for a persons ability to do that, but questioned whether this was really necessary. City Attomey Harron stated the Federal Court had determined that 60 days was insufficient. Whether a longer period of time will withstand a legal challenge is unknown. He could not give any guarantee. Four months was chosen to coincide with the filing times for candidates and he hoped the four months would be a good balance. Councilwoman McCandliss questioned the penalties if the Council maintained the current ordinance, City Attorney Harron stated the City would be liable for the attorney's fees. Mayor Cox stated that ff that was the penalty he was willing to take the risk. He stated there was a certain amount of peer pressure among the candidates and felt the ordinance had been adhered to over the last 10- 15 years. The City does not allow billboards, 4X8 signs, or bus advertising and he did not agree with the ordinance. He also stated there was no reference to frees in the ordinance and he felt this was one thing that was better lef~ without changes. City Attorney Hatton stated he did not disagree with the Chula Vista Ordinance and felt it made sense. He felt compelled to advise the Council of the position taken by the Federal Court. MSC (McCandlissAVloore) to file Ordinance 2363. Motion carded 3-0-2 with Councilmembers Malcolm/Nader absent. Item 14. REPORT PARKING METEK FEE INCREASE Mayor Cox stated he could support the recommendations of the Town Centre Project Area Committee in part and he agreed there should be an effort to encourage people to park off street as much as possible. He suggested that Council accept the portion of the recommendation that keeps off street lots the same as they currenfiy are and increase street parking from $.10 to $.30 per hour. These rates would be consistent or lower than the rates charged in surrounding cities. Mr. Robert Baker, Parking Operations Officer, stated that could be accomplished and stated it would require a meter mechanism change which could only be done in the shop. He felt the cost for parts would be approximately $300 to $400. He would have to come back to Council with the cost and time estimates. MINUTES March 20, 1990 Page 8 Mayor Cox stated the increase in revenues would be $:342,000 as opposed to $248,000 as recommended by the Committee. Councilwoman McCandliss stated there was a parking problem along Third Street and did not feel that people were aware of the additional parking lots. She stated she would like to see the inclusion of additional signs informing the public of the parking lots. She questioned why $.:30. Mayor Cox stated it would produce more revenue and create more of an incentive to encourage employees to park off street. He informed the Council that the Committee is considering the usage of labels on the meters which would designate what the tLme limitation is. They have also discussed color coding the labels for the time periods. Mr. Hyde stated the Committee had agreed upon the fees but were still considering the multiple colors for the labels. MSC (Cox/Moore) to approve the Report with the following amendments to the Recommendations: 1. The fee on all 30-minute meters be changed from $.05 cents to $.15 perhalf hour. 2. All 1-hour and 2-hour on-street-meter fees be increased from $.10 per hour to $.30 per hour. Approving Recommendations 3 and 4. Motion carried 3-02 with Councilmembers Malcohn/Nader absent. Councilman Moore stated there was much more the City could do in getting the information to the public. City Manager Goss stated that staff will now come back with an implementing ordinance for Council review and information on conversion and implementation along with setting aside revenues for the labels. Councilwoman McCandliss requested revenue projections in the report. Councilman Moore stated the City may want to hire temporary help in order to accomplish the changeover. 17. CITY MANAGERS REPORT(S) - None 18. MAYOR'S REPORT(S) - None 19. COUNCIL COMMENTS 19a. Councilwoman McCandliss: Stated the City Manager had asked Council for their input regarding the BKK lease negotiations and possible milestones that could be set for their relocation. She stressed how important this was and noted it was a chance to have input in the lease, possible modifications, sightings, structural changes, etc. She requested that the City Manager come back with a report on actions and plans the City is making with this review and for full participation by the City, i.e. consultants, etc. 19b. Councilman Moore: Stated he would like to have speakers update the Council on Metro 2 and the South Bay Light Rail. MINUTES March 20, 1990 Page 9 ADJOURNMENT The City Council/Redevelopment Agency adjourned to a closed session at 7:48 p.m. to discuss: a. Instruction to Negotiator pursuant to Government Code Section 54956.8 - Potential franchise for cable television, Jones Intercable b. Potential acquisition of properties pursuant to Government Code Section 54956.8:760 Broadway (Glen E. Fuller, Trust, owner); 801 E. Broadway (Trayis A. & Margaret L. Reneau, David D. & Christina L. Ordway, owners); 4705 Otay Valley Road (Jimmie & Judi Shinohara, owners); Parcel 644-040-40 (Walker/Scott Properties/Southbay, owners) c. Pending litigation pursuant to Government Code Section 54956.9(a) - County vs. Rabin ADJOURNMENT AT 9:10 P.M. to the Regular City Council Meeting on March 27, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A, AUTHELET, CMC, City Clerk by: Vicki Soder~uist, Depu~'~ Clerk