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HomeMy WebLinkAboutcc min 1990/04/03 MI~ OF A REGULAR MEETING OF THE U'IY OF O-IULA VISTA Tuesday, April 3, 1990 Council Chambers 4:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALk PRESENT: Councilmembers McCandliss, Moore, Nader, and Mayor Cox ABSENT: Councilmember Malcolm ALSO PRESENT: City Manager, John D, Goss; Deputy City Attorney, Richard D. Rudolf; and City Clerk, Beverly A. Authelet 2. pI.~r~E OF i~,IJ.~GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None 4. SPEC/AL ORDERS OF THE DAY: None CONSENT CAI .RNDAR (Items pulled: 12) MSC (McCandliss/Cox) to continue Item #10 to the April 26th workshop. Motion carded 4-0-1 with Councilmsn~ Malcolm absent, MSC (CoX/McCandliss) to continue Public Hearing Items 13, 14, and 15, at the request of the developer, to the meeting of May 1, 1990. Motion carried 4-0-1 with Councilman Malcolm absent. MAYOR COX OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the te~s was waived, passed and approved 4-0-1 with Councilman Malcolm absent, 5. 'W'RI-i-rEN CO1VI1VFLIN]CATIONS: 5a. Request to waive requirements for business licenses for the Bonitafest activities. The Bonitafest Committee and the Bonita Business and Professional Association request that the $25-$50 license fee be waived for the Bonitafest which will be held along Bonita Road on Saturday, October 13. Recommended that all business license fees be waived for registered participants. /,~ ~ '7 ~/ 5b. Request that the City's animal control policies and procedures regarding the releasing of animals into the wild be reviewed. Residents on Tallow Court are again experiencing a great number of wild skunks and opossums in their area. They are requesting the City's policies be reexamined. Recommended that Mr. McNuffs letter be referred to the City Attomey and that the City, in following the procedure as outlined in Mr. McNutt's letter, is not in violation of the various code sections referred to. It is further recommended that if the City needs a license or permit to carry out its present practice, that such license or permit be obtained. It is not recommended that the present policy, which was initiated in January, 1988, be revised. MINUTES April 3, 1990 Page 2 5c. Request removal of a stop sign and red curb at 1698 Gotham Sneer. Request by Douglas Tatreau. Recommended that the continued need for the stop signs on Gotham Avenue be referred to staff and the Safety Commission for evaluation and report back to the City Council. 6. ORDINANCE 2372 ESTABLISHING THE POSITION OF ASSISTANT DIRECTOR OF BUILDING AND HOUSING (second readins~) item continued from 3-20-90 - (Director of Personnel) /~77 7. ORDINANCE 2364 AMENDING SECTION 5.20.035 OF THE CHULA VISTA MUNICIPAL CODE RRI.ATING TO THE CONSOLIDATION OF CARDROOM LICENSES (second reading) - Ordinance would clarify the consolidation provisions in the cardroom ordinance by making it clear that whenever a persons holds an interest in one cardroom and then seeks to acquire or acquires an interest in a second cardroom, the reduction in tables provision applies. Staff recommends approval, JR F 7F 8.k RESOLUTION 15571 APPROVING AGR RRMENT BETWEEN THE u-IY OF CHULA VISTA AND THOMAS A. MEADE FOR PROJECT MANAGEMENT SERVIcF_~ TO UPDATE THE F. As~flahN TERRITORFK~ TRANSPORTATION PHASING PLAN AND APPROPRIATING FUNDS - Willdan Associates has completed the preliminary work for this program and the program has been used as mitigation measures for major developments in the Eastern areas such as EastLake Greens. Since the preliminary work was completed last June, the General Plan has been approved, several streets have been completed and more accurate traffic conditions are available to require a major update to the original work. Staff recommends approval of the resolution and authorize the Mayor to execute said agreements. (Item continued from 3-27-90) - (Director of Public Works) /,~g 7q B. RESOLUTION 15572 APPROVING AGREEMENT BETWEEN THE ta'tY OF CHULA VISTA AND W~I.I.r~AN ASSOCL~TES FOR ENGINEERING SERVICES TO UPDATE THE E/kSTERN I'F_.RRITORIES TRANSPORTATION PHASING PLAN AND APPROPRIATING FUNDS - Staff recommends approval of the resolution and authorize the Mayor to execute said agreements. (Director of Public Works) /a?{f~O 9. RESOLUTION 15575 SUPPORTING APPLICATION FOR GRADE SEPARATION AT MAIN b-iREET IN THE CHY OF CHUIA VISTA - On March 8, 1990, the Metropolitan Transit Development Board of Directors authorized the filing of the South Line-Main Street Grade Separation application to Caltrans for State funding based on the Public Utilities Commission guidelines and priority list of projects. The City of Chula Vista desires to widen Main Street underneath the existing grade separation. Furthermore, on December 14, 1989, the City indicated a willingness to cooperate in this project by sharing 10 percent of its costs. Staff recommends that Counc~ support the application for grade separation at Main Street. CDirector of Public Works) /el ot'g/ 10. RESOLUTION 15576 AMENDING FY 1989-90 BUDGET BY ESTABLISHING A GEOGRAPHIC INFORMATION SYb-fiiMS MANAGER POSITION WITHIN THE PUBLIC WORKS DEPARTMENT AND APPROPRIATING FUNDS - Amendment to FY 89-90 budget to establish a GIS Manager position as well as for related hardware, sofzware, and data conversion in the Capital Improvement Project. Staff recommends that Council adopt the Resolution. (Director of Public Works) Pulled from Consent Calendar and continued to Council Worksession of 4/26/90. / ~F~ MINUTES April 3, 1990 Page 3 11. RESOLUTION 15577 AMENDING THE 1989-90 BUDGET TO PROVIDE FUNDS N~RDED TO COMPLETt~ THE WOODLAWN REMODELING PROJECT - Funds are available from a completed drainage project funded with Community Development Block Grant monies. Staff recommends that Council adopt the Resolution and authorize the transfer of CDBG funds from Account 631-6310-DR103 to Account 641- 6410-PR140. (Assistant City Manager) l,~3 12. REPORT ONGOING ~:I'IY INPUT REGARDING APPROPRIATE TECHNOLOGIES II CBKK LOCATED AT 1700 B/~sX~A/RI.L ROAD - (Deputy City Manager) Pulled from Consent Calendar * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RRIATED RESOLUTIONS AND ORDINANC~_~ 13. PUBLIC HEARING CERTIHCATiON OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR- 89-4M Palomar Trolley) - The FIR has been prepared in compliance with CEQA, the State CEQA guidelines, and the environmental review procedures; and the Council has reviewed and considered the information in the report and adopted the recommended CEQA Findings and Mitigation Monitoring Program. (Director of Planning) Continued to 5/1/90 at the request of the developer. RESOLUTION 15578 CERTIFYINGTHEFINALFIRHASBEENPREPAREDINCOMPLIANCEWITH CEQA 1~ 14. PUBLIC HEARING GENERAL PLAN AMENDMENT 88-2M, PROPOSAL TO A_MEND THE MONTGOMERY SPECIFIC PLAN BY REDESIGNATION OF 12.22 ACRES - located on the southerly side of Palomar Street between Broadway and Industrial Boulevard from 'Research and Limited Industrial" to 'Mercantile and Office Commercial.' Staff recommends denial of the General Plan Amendment. Applicant has requested a continuance to May 1, 1990. (Director of Planning) Continued to 5/1/90 at the request of the developer. 15. PUBLIC HEARING PCZ-Sg-J-M. PROPOSAL TO REZONE 12.22 ACRES FROM CITY ADOPTED COUNTY M-52 ZONING TO CITY C-C-P - located on the southerly side of Palomar Street between Broadway and Industrial Boulevard - Pacific Scene. Staff recommends denial of the rezone. Applicant has requested acontinuance toMayl, 1990. (DirectorofPlarming) Continued to S/1/90 at the request of the develo . 16.A. PUBLIC HEARING PCA-90-04 - CONSIDERATION OF AN AMENDMENT TO TITLE 19 OF THE MUNICIPAL CODE RELATING TO NON-CONFORMING SIGN ABATEMENT AND SIGN DESIGN APPEAL PROC~I~URES - Upon adoption, the initial appeal authority on sign design issues will transfer from the Planning Commission to the Design Review Commi~ee and will require the abatement of a non-conforming sign upon a change of land ownership or sign face. Staff recommends approval. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. Ken Lee, Principal Planner, stated staff recommended two ordinance changes relating to the abatement and processing of signs. The first amendment transfers the initial appeal authority on sign design issues to the '~. MINUTES April 3, 1990 Page 4 Design Review Committee. The second amendment extends the nonconforming sign amortization/abatement period to December 31, 1990 and establishes a process to provide a one-year extension thereof in hardship cases. Both changes are a result of Council direction, input from various citizen groups and hearings from the City Planning Commission. Councilman Moore noted Exhibit B on Section 3 of the ordinance, which includes a second year extension. He stated that this is to give those with a hardship an extension but the applicant would have to come in with an approved sign plan. His interpretation of an approved sign plan would be in existence and the applicant would have to apply for it prior to going into the last year. All processing would have to be done by August 31, 1990. Mr. Lee stated that was the purpose.for adding the August 31, 1990 date so there would not be any confusion. He further stated that mailing lists were ready. Mayor Cox stated there were 'ghost signs' on Third Street and Broadway. These are new signs attached to old signs advertising new businesses. He then questioned whether the City had a way to allow a reasonable time for vacant buildings to be released, and ff they are released, require the removal of signage. Mr. Lee stated that was provided for in the existing ordinance, which allows a thirty day period. An inventory has been completed of all signage throughout the City and these types of signs are now being evaluated as illegal and the owners will receive notices. There being no public comment, the public hearing was declared closed. Councilman Moore stated the amendments were presented to and reviewed by the Government Affairs Committee of the Chamber of Commerce. .,. Councilwoman McCandliss stated she could support the ordinances with the addition of the hardship clauses. ORDINANCE2365 AMENDING SECTIONS 19.14.050, 19.15.582, 19.60.030, 19.60.120, 19.60.240, AND 19.60.520 TO TRANSFER THE FIRST LEVEL OF APPEAL FOR SIGN DESIGN ISSUES FROM THE PLANNING COMMISSION TO THE DESIGN REVIEW COMMrri EE, AND ADDING CONDITIONS UNDER WHICH NONCONFORMING SIGNS MUST BE ABATED B. PUBLIC HEARING PCM-90-14 - CONSIDERATION OF A NON-CODIFIED ORDINANCE RELATING TO EXTENSION OF THE GI'IY'S NON-CONFORMING SIGN AMORTIZATION/ABATEMF2qT PERIOD - Upon adoption, the non-conforming sign amortization/abatement period will extend to December 31, 1990 and establish a process to extend that date an additional year in hardship cases. Staff recommends approval. (Director of Planning) ORDINANCE 2366 A NON-CODIFIED ORDINANCE !~RIATING TO AN EXTENSION OF THE CITY'S NON-CONFORMING SIGN AMORTIZATION/ABATEMENT PERIOD ORDINANCE 2365 AND ORDINANCE 2366 pLA~r~ ON FIRST READING BY COUNCILWOMAN MCCANDLISS, reading of the texts was waived, passed and approved 44-1 with Councilman Malcolm absent Mr. Lee stated the final appeal process was still with the City Council. MINUTES April 3, 1990 Page 5 OTHER BUSINESS 17. ORAL COMMUNICATIONS 17a. T. Pat Cavanaugh, 510 Carnino Elvado, Bonita, CA representing Bonita Business and Professional Association. Asked Council to reconsider their decision to cut down the trees in the Rohr Park area. They felt a five year old master plan was outdated and there was not enough warning given to the residents regarding this decision. There should be an effort to preserve the park past what the master plan calls for. If it is to late for this, they hope that any project in the future that is as far behind as Rohr Park was would be reconsidered and input obtained. ].~B~ Councilwoman McCandliss stated that until she saw a compute~zed graphic of the area did she realize the impact upon the park. MS (l~4cc'~ndliss/Nader) to reconsider Council decision to remove the trees at Rohr Park. Mayor Cox stated he appreciated the input from the Association but he would have to vote against the motion. He was unsure what delayed the project as long as it was, but felt it was important to move ahead with the project. The costs associated with modifying the plan could be from $250,000 to $450,000. He noted the City has been designated as "Tree City USA" and felt there was no distinction in having the trees removed from Rohr Park. The consultant's report noted the condition of the stand of trees were dangerous and created liability problems. He felt the City should go ahead with the plan and the staff, as directed, should come back with a beefed up landscaping plan which would include larger trees and even a larger number of trees. Councilwoman McCandliss hoped there would be an opportunity at a later date to review this issue further and to give more public notice. She felt this area could be utilized while still maintaining as many mature trees as possible. She state this was a rural park, similar to Balboa Park versus a new park. The City has an obligation to accomplish the recreational goals and at the same time realize we are working with an existing park in a rural area. A great deal of the cost is for f~l dirt and she felt there were other alternatives that should be explored. Mayor Cox stated that the report noted that approximately 2/3's of the trees would have to be removed due to disease or liability. Councilwoman McCandliss stated the Council had not had the opportunity to question the Consultant's report and noted that if this item comes before Council at a later date this could be done. City Attorney Rudolf requested clarification of the motion and he cautioned Council regarding discussion on the merits of the item if it came back before Council. Mayor Cox stated the motion was to docket the item for further consideration by the Council. Carol Freno, 3703 Alta Loma Drive, Bonita, CA, stated she was a member of the Civic Association which spoke in opposition to the approval of this item. Since that time she had reviewed the report and stated the Civic Association Board meets on Wednesday and they would like to have another opportunity to look at the plan. She has also been contacted by the Chula Vista Historical Society regarding preserving this stand of trees. She requested that a member of City staff be at their Board Meeting. Councilman Moore stated it irritated him when it took years to develop master plans. He noted the change would require one quarter to one half a million dollars and that someone would have to pay this difference. MINUTES April 3, 1990 Page 6 He noted that this same problem would arise with the master plans for all the parks and some services would be reduced in order to accommodate these types of changes. Councilman Nader stated he also voted against cutting down the trees with Councilwoman McCandliss. He felt it was hard to conunent at this time because he did not have the staff report before him. It was his recollection that the costs were questionable. He was skeptical that these costs were valid. He stated that if he was convinced that other City services would suffer he would vote differently, but that had not been the case. Mayor Cox referred to the pepper trees that had been saved in the past and were ultimately removed due to disease and liability. Because the trees were saved, street improvements had not been done and the City was now facing higher costs in doing these improvements. He felt the City should invest the money to replace the trees in Rohr Park with more mature trees. VOTE ON MOTION: Motion failed, 2-2-1 with Councilman Moore/Mayor Cox voting no and Councilmau Malcolm absent. 18. ITEMS pUI.I.RD FROM THE CONSENT CALENDAR Item 12. REPORT ONGOING CrTY INPUT REGARDING APPROPRIATE TECHNOLOGIES lI {BKK LOCATED AT 1700 MAXWRH. ROAD Councilwoman McCandliss noted Item 3, which was the Technical Review of the Health Risk Assessment and Accident Scenario, involved the Sate Department of Health Services, which is going through the analysis to decide whether the relicensing should reoccur. She felt the meetings held with Sate staff were very enlightening. It was the fmal outcome of these meetings that the Sate was responsible for the facility. The way the report is presented she did not feel she was prepared, at this time, to say that outside expertise was needed. She felt that the way the issue was going to unfold there were a number of places the City could express their concern. She has not felt comfortable with the scrutiny and monitoring that has been done up to now. She felt the greatest area of concern is with the technical review of the health documents going to the State. MSC (IVlcCandliss/Cox) to accept the report and direct the Staff to reevaluate No. 3 and make recommendations on how the City can maxlrn{7~. their effectiveness before the Sate during this process. Councilman Moore questioned whether the City had a continuing contract with an appropriate company that would have the talent to advise the Council. City Manager Goss stated the City does have a consultant retainer but he was not sure they had the capability of doing this. Councilman Nader stated he supported Councilwoman McCandliss' motion but he was against spending significant amounts of money unless these concerns were shown to be fully justified. He felt that after reviewing draft documents Council should then decide what type of independent services should be required. He stated he had meet with representatives from Health Services and he felt comfortable with their process and on the other hand in reading the document from the private ftrm doing the EIR, he was concerned regarding the objectivity. MINUTES April 3, 1990 Page 7 Councilwoman McCandliss stated she was not advocating that Council hire someone right now but hoped ff the staff recommended outside consulting, they would include who would have these capabilities and the costs involved. VOTE ON MOTION: Motion can-led 44.1 with Councilman Malcolm absent. 19. ul Y MANAGER'S REPORTfS) 19a. There will not be an Agency meeting on Thursday and as per City Charter, there will be no Council meeting the week prior to Easter. The Council Worksession will be held on Thursday, April 26th. There will be a Public Hearing held by the Sweetwater High School District on April 25th indicating their proposed increase in their current impact fees. Staff is reviewing to determine what these changes are. 19b. Received a request from the Coastal Commission to have the City provide a bus for next Monday afternoon for a tour through the South Bay area. This has been done in the past and the City will provide a bus unless the Council directs otherwise. 20. MAYORS REPORT(S) 1989 Richard Welsh Memorial Award of design excellence nomination - Rancho del Rey Information Ce, nter The Design Review Commitlee has nominated file Rancho del Rey Information Center. As per the gnidelines set up, this wfil require ratification by the City Council. MSC (l~cCandllss/Cox) to Iafify the nomination of file Rancho dd Rey Information Center for the 1989 Richard Welsh Memorial Award of design excellence. 4-O-1 with Councilman Malcolm absent. Councilwoman McCandliss felt it was appropriate that this facility receive this award. Unlike others that have had to be reworked, this project took very little input to come forward with final designs and she felt this was a true contribution to the City. Councilman Moore stated the building was most appropriate because the McMilin Company has discussed turning it over to the City. 21. COIJNCIL COMMENTS 21a. Councilman Malcolm Legislative Report - SB 2443 (fortes), SB 2011 (Greene), Propositions 108 and 111. /~Sq { City Manager Goss stated that these items were for Council information and that all but the last item were on the legislative program the Council has approved. Councilman Nader questioned the bill that concerns Employee Dispute Resolution. He stated that a majority of the voters could adopt provisions for the resolution of labor disputes and then stated that the bill is not a local option measure. He noted he did not have a problem making decisions subject to the will of the voters and he questioned whether there was anything else in the bill, that he was missing, that removes its MINUTES April 3, 1990 Page 8 provisions from the admit of local option. He felt that allowing the voters of the City to adopt a provision over Council objection did not make this a State mandate. City Manager Goss questioned whether this provided for compulsory binding arbitration. Councilman Nader noted the analysis stated that arbitrations could be instituted through mutual agreement between the local agency employer and the employee organization or through a majority of their voters. lracsema Olivo, Senior Management Assistant, stated the police officers, or in meet and confer process, may have ability to pressure the City going into a arbitration or mediation by not agreeing to settle any of the meet and confer issues. Indirectly that would pressure the City to institute a fact finding or mediation process for them. Councilman Nader questioned if that would be left to the City, or if the State was mandating any particular mode of settlement in this bill. City Manager Goss stated the bill really doesn't accomplish anything as this can already be done. Councilman Nader stated that was also his impression but he was uncertain whether there was an obscure labor law that he was not aware of. MSC (Nader/rMcCandliss) to withhold taking a position on SB 2443 and refer it back to staff for further information on exactly what change on current law this bill would create. Motion earfled 4-O-1 with Councilman Maleohn absent Sid Morris, Deputy City Manager, stated the bill would provide additional leverage to employee organizations that would be unbene~cial to the City position and force the City to take positions it might otherwise not take. This bill would give the organizations a guaranteed right to take the issue to the voters. City Manager Goss stated staff would have to come back with more information regarding the case of Bagley vs. the City of Manhattan Beach. The intent of the legislation if adopted would be to abrogate the holding to the extent as determined as prohibiting certain rules and ordinances that might be adopted locally. Staff needs to provide more information regarding the content of that case. 2lb. Councilman Nader Recently returned from a twelve day trip from the Sister City of Irapuato, Mexico. He had an opportunity to meet with the Municipal President and presented the City with a ginko tree to be planted in the middle of their founders plaza. The Mayor presented the City with prints from noted artists of lrapuato. Councilman Nader noted that he was interested in expanding the exchange program in the areas of government, business and tourism, cultural arts, and social services this coming year. There will be a group from Irapuato visiting Chula Vista this summer. 21c. Councilwoman McCandliss Stated the Chula Vista Human Services Council has been addressing the issue of child care in Chula Vista. A coalition has formed with the Chula Vista Elementary School District, Chula Vista Human Services Council, Chula Vista Girl's and Boy's Club, South Bay Family YMCA, and Chula Vista Senior Citizens. They are forming the Transportation latchkey Coalition CFLC) for afternoon care. They have provided for school buses to drop these children off at the YMCA and Girl's and Boy's Club. This will be a pilot program and is being done completely with existing resources. She felt they needed to he complimented for their MINUTES April 3, 1990 Page 9 initiative. Activities, skills and knowledge (ASK) has also been initiated by the Senior Citizens in conjunction with this pilot program. 21d. Councilman Moore Stated the International Friendship Committee has developed several tentative projects for the visiting delegation from Odawara, Japan. They are currently estimating 40-60 people for the ten year celebration. He urged any citizens interested in serving on the committee or able to assist with the activities to please contact the Mayor's secretary, Patty Wesp. Stated the Woodlawn Community Building renovation has been delayed and due to this delay the building is not being utilized. He questioned whether City staff could go in and finish the project. He stated he would look to staff to expedite the project. Stated he has never seen a final report from the Environmental Concerns Committee. Councilwoman McCandliss stated this project had been funded by the State with the money going to San Diego State, Dep~uunent of Public Health. Mayor Cox stated Council would like a verbal report on this issue. ADJOURNMENT The City Council/Redevelopment Agency adjourned at 5:15 p.m. to a closed session to discuss: Potential disposition of property pursuant to Government Code Section 54956.8 - Health Services Building, 311 F Street. Pending Litigation pursuant to Government Code 54956.9 Leonard versus Pullen Personnel matters pursuant to Government Code Section 549576. 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) ADJOURNMENT AT 6:40 p.m. to the Regular City Council Meeting on April 17, 1990 at :00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. A~LET, CMC, City Clerk by: Vicki Soderquist, Dep~ity Clerk