HomeMy WebLinkAboutcc min 1990/06/21 AN ADJOURNED MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Thursday, June 21, 1990 Council Chambers
6:24 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Moon, McCandliss, Nader and
Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss; City Attorney Boogaard; Deputy City
Manager Thomson; Community Development Director
Salomone
(For lack of time, the following items docketed for the City Council meeting of June 19, 1990
were continued to this date for consideration.)
Due to the number of people present desiring to address the Council regarding an item on the
Council agenda listed as Item\29 a., Mayor Cox suggested dealing with this item first.
29. COUNCIL COMMENTS
a. Consideration of Third Avenue problems to include, but not limited to, parking
meter fee increase, one hour parking meter limit, feeding the meter regulation, and
enforcement. Item was docketed by a unanimous vote on 6-19-90 as an emergency
item. /~
Community Development Director Salomone reported that the Town Centre Project Area
Committee (PAC) met on this date to deal with this item. The PAC made three
recommendations as follows:
1. Recommend to expedite the printing and distribution of the parking brochures and
posters and expedite the construction of the Landis and Chumh/Center parking lots. (Mr.
Salomone noted the brochures and posters will be available on June 29.)
2. The City Courteft continue the Dime Program until October l, 1990. (Mr. Salomone
explained that the Dime Program consists of the enforcing officer, upon first discovering
an expired meter, puts in a dime and places a card on the windshield indicating that the
rates have increased and their patronage is appreciated.)
3. Request that the Downtown Business Association undertake an analysis of the meter
time limits on Third Avenue and give a recommendation to the PAC on the appropriate
time limits. The Committee further recommended leaving the current time limits on the
parking meters until a report is received from the Downtown Business Association.
City Council Minutes -2- June 21, 1990
Councilmember Malcolm noted a concern that the members of the' PAC who were present at the
meeting on this date and made the above recommendations do not represent the downtown
merchants (only one member present has a business on Third Avenue). Member Malcolm
further noted he does not understand how the Dime Policy as recommended by the PAC will
previde any additional information; versus changing the metex time limits to two hours. He
further suggested not having any true enforcement until directional signage is up and literature
is available explaining the situation. People do not realize there is off-street parking. If the
Council does not have a problem with changing the time limit on the meters, he believes it
should be done.
Councilwoman McCandliss commented that what has created the current situation is a difference
in the enforeement ofparking. Responding to ques~ons, Director ofFinance Christopher stated
that currently with the increased enforcement, there is an average of 150 tickets written each
day.
Ms. Lou Black, 282 Third Avenue, Chula Vista 92010, pointed out concerns with the aggressive
parking enforcement. Regarding the Dime Program, she stated because it will eventually end,
it is not an answer to the problem. She suggested two-hour meters are needed as well as
positive publicity.
Don Swanson, 207 Third Avenue, Chula Vista 92010, stated he at-tended the Downtown Business
Association meeting held this week. He noted many issues need to be clarified between the City
and the merchants. He believes the merchants need to work through the Downtown Association,
list concerns and work with the City. Concerns include need for some businesses to have 2-hour
meters; need for police officers to mark tires of cars with chalk; and employees need to use
off-street parking.
Councilman Malcolm questioned Mr. Swanson regarding the Downtown Association meeting
held this week. He questioned if there was a specific recommendation coming from that group.
Mr. Swanson stated that a consensus still needs to be reached as to the best solution to the
parking issues. He funher stated it is his personal opinion that the City stay with the Dime
Program until a solution can be reached that is more equitable to all the merchants. He would
like to see the Downtown Association come direc~y before the Council versus going through the
Project Area Committee; he does not see a need for the PAC.
Mayor Cox clarified that the Town Centre Project Area Committee is an advisory body to the
Re. development Agency. Their duties and responsibilities go beyond the downtown area,
including the Chula Vista Shopping Center and other isolated parcels brought into the
Redevelopment District. Their recommendations come to the Agency for consideration. At this
time there are currently three vacancies on the PAC.
Martin Altbaum, 255 Third Avenue, Chula Vista 92010, presented pictures of 17 business that
have ceased operations in the last few months. He has not been aware of the PAC and noted
concern that the members are not representative of Third Avenue. Using his own funds, along
with Mr. David Rossi from King's Jewelers, he sent out 304 surveys to businesses on Third
Avenue. Forty of the surveys were returned because the businesses have gone out of business.
City Council Minutes -3- June 21, 1990.
He received 82 responses, but as yet has been unable to tally the responses. Mr. Altbaum
reported that at the Downtown Business Association meeting of Tuesday, June 19, 56 people
attended and all voted to ask for a 90-day moratorium on the police enforcement. They would ~
like the police to stop giving tickets on Third Avenue for 90 days. Mr. Altbaum stated that
merchants are vulnerable at this time because of the economic conditions. If police officers are
placed on Third Avenue and write 150 tickets a day, the City is accelerating the deeline of Third
Avenue.
Councilman Malcolm asked if the situation was acceptable that existed prior to the two new
parking enforcement officers began. Mr. Althaum stated that yes it was acceptable because:
only approximately 10-15 tickets were written each day.
Mayor Cox stated the Council has been aggressively working over the last couple of years to
ac~luire additional parcels to provide off-street parking. A significant amount of capital
expenditure has occurred in improving and acquiring the lots. This has been done in an effort
to address the increasing parking needs of downtown. He pointed out the reason for having.
parking meters on Third Avenue for the one-hour time period is to ensure turn-over. Mayor
Cox suggested developing a program for the merchants on Third Avenue where the merchants
could purchase tokens for the off-street parking lots to encourage use of those lots. Mr~
Altbaum stated this is what he would like to see happen.
Helene Bump, 231 Third Avenue, Suite C, Chula Vista 92010, stated she was representing five
businesses. She noted concern with the irregularities of the parking meters. The meters are not
accurate; there should be some way of controlling the time on the meters so that it is accurate.
Ms. Bump further stated there is a need for handicapped parking; there is no existing
handicapped parking spaces on Third Avenue. She also questioned why Third Avenue is the
only area in the City with parking meters.
Mayor Cox responded that the reason that there is a parking district in the downtown area is
because in other areas of the City there are requirements that the businesses provide parking
spaces. On Third Avenue, because of the special status it has had, the parking district was
created to allow stores to be built up to 85% of the building site without requiring any on or off-
street parking whatsoever. New construction in downtown is allowed to pay an in-lieu parking
fee which is used to help in the acquisition of additional parking lots. The reason the area is
handled differently is because it has been allowed to develop at a much higher density than
would have been allowed if the property owners had provided the parking that would have been
required.
Michael Steiner, 538 Berland Way, Chula Vista 92010, stated he also attended the Downtown
Association meeting and it was a unanimous vote of the 56 people present to have a 90.day
moratorium. He noted concern that the four votes of the PAC on this date overrides the vote
of 56 people. He pointed out that those who are most affected by the decisions of the Council
with regard to Third Avenue are the ones who were communicated with the least. He noted~
concern with the recent negative articles in the newspaper that highlighted the parking problems
on Third Avenue which encourages people to stay away from the downtown area. He asked the
City Council Minutes -4- June 21, 1990
Council to supply the Third Avenue businesses with information. As a business owner, he is
desirous of more direct input to the Council.
Councilman Moore stated he has been attending the Downtown Association meetings for 13
years. The Downtown Association receives all information. There is one or two City staff
members that attend the meetings.
Mr. Dana Birch, 400 Third Avenue, Chula Vista 92010, suggested that enforcement not be
reduced. He receives continuous complaints from his customers about la~k of parking. He is
aware of a problem of people "feeding the meters". His business has benefitted from the
enforcement. He noted there is a major problem; some merchants need short-term, rapid access
and turn-over, and others need longer term. He suggested a mix of parking meters. If two-hour
meters are selected, he requested tire chalkinS be initiated. He also asked that the anti-meter
feeding regulation not be repealed. More signage is needed directing people to off-street
parking. Regarding the handicapped issue, he asked that spaces not be provided. His business
serves many handicapped individuals and they are usually brought downtown by friends or
relatives.
Jesus Sanchez, 333 Third Avenue, Chula Vista 92010, expressed concern with the bad attitude
of the parking enforcement officers. He also expressed concern with the increase of fees for the
parking meters and increase in enforcement. He pointed out that these factors are hurting his
business and he is concerned that his business will not survive. He is in favor of the 90-day
moratorium.
Jack Blakely, 291 Third Avenue, Chula Vista 92010, stated that as a merchant he is not in favor
of 2-hour parking for Third Avenue. As a member of the Downtown Business Association, he
attended the PAC meeting on this date and presented the recommendation of a 90-day
moratorium. Mr. Blakely wanted to point out that there are four other members of the PAC (not
present at this morning's meeting) who are representative of downtown. He took a consensus
of his block and out of 32 businesses, 19 stated their customers required more than one hour to
complete their business and 13 businesses required under one hour.
Responding to questions of Councilman Malcolm, Mr. Blakely stated he believes the Council
has taken the right step by implementing the Dime Program. He suggested putting in a quarter
instead of a dime giving patrons an extra 50 minutes.
David R. Bump, 231 Third Avenue, Suite C, Chula Vista 92010, stated there is a problem with
parking enforcement and noted a concern with the one-hour parking. He stated there is a need
for the 90-day moratorium in order to allow time for people to get together and come up with
solutions. He recommended split meters (short term and long term).
Danny Woodend, 534 Madrona Street, Chula Vista 92010, commented that he believes the City
needs to work on public relations regarding this matter. Signage needs to be addressed. The
City needs to determine if they want to keep the small town feeling of downtown.
City Council Minutes -5- hne 21, 1990
Briant Toogood, 310 Third Avenue, Chula Vista 92010, commented he has no concerns with
regard to the parking issue. The increased enforcement has helped his business. However,
regarding the other businesses on Third Avenue, he believes that the parking enforcement was
implemented too hard, too fast. He suggested the following: a better job of public relations;
validation stickers could be issued to the merchants; signs n__,~_ to be placed immediately on the
meters stating that the meters are enforced and directing patrons to longer term parking behind
the shops; a period of time could be allowed where no tickets are given.
Sharon Carmody, 236-B Third Avenue, Chula Vista 92010, stated she was representing several~
businesses including Classic Tans, Mary's Nest, Third Ave. Market Place, Medical Weight
Control Specialists, Chez Miche, Nu Nail and Picassas. They are all in favor of the
moratorium. They artended the Downtown Business Association meeting this week and were.
told that the Association basically handles promotion for Third Avenue and that the appropriate
body to go to with their concerns was the PAC. At the PAC meeting, they were told to address
the Downtown Association. She noted frustration of where to go to address this issue. Ms.
Carmody further noted there has not been a response to letters previously presented to the City
Council. She stated signage directing people to parking areas is needed.
Mayor Cox commented that downtown Chula Vista is one of the better redevelopment areas in
the State of California. The efforts of the City Council and the Redevelopment Agency over the
last couple of years of putting major capital improvements into Third Avenue (parking
specifically) has been extraordinary. The efforts to increase the parking meter fees were long
over due. While there is some concern about the $.30 per hour meter fee, that does not appear
to be the overriding concern. The overriding concern is the fact that after a long period of a
lack of parking enforcement, there is now very rigid enforcement. The City needs to do a better
job of informing people (merchants and patrons). The cards that are being prepared to identify
the parking lots is a step in the right direction. Direction has been given that on an annual basis
a report will be prepared that will go to all of the property owners within the Redevelopmerit
District.
Mayor Cox further commented the City has tried to address a portion of the concern raised by
providing a "Courtesy Ticket", which is a 20 minute forbearance. He does not have a problem
with going along with the recommendations of the Project Area Committee. He does have a
problem of taking the position of no enforcement whatsoever. Unfortunately, there is a situation
where no two businesses' needs are going to be alike. He would like reports to come back to
Council very quickly on the issue of signage. He suggested that the idea of developing a
"token" may work out better than a parking "permit". The question of handicapped parking
spaces is an issue that should be re-visited. There may be a need to have variable meter times
on Third Avenue. There are some creative things that can be done to begin to address the issues
brought up at this meeting. However, it would not be prudent to have a moratorium.
Councilman Moore suggested changing the "Dime Program" to a "Quarter Program" thereby
allowing patrons an additional 50 minutes. He suggested the merchants go through the
Downtown Business Association and provide their input. He suggested the following issues be
addressed: time on street meters, public relations, communications, improvement program,
City Counc'~ Minutes -6- June 21, 1990
signage (where, type and size), loading in alleys, handicap parking, whether or not meters need
to be changed, quarter token for off-street parking only.
Councilman Nader commented it is important to take immediate action to alleviate the situation.
He commented that changing the "Dime Program" to a "Quarter Program" may be a temporary
solution. He also has a concern with a total moratorium of parking enforcement. He suggested
that during the ninety day period a quarter be inserted in meters in lieu of a parking citation,
thereby allowing another 50 minutes. During the 90-day period, he would like direction to be
given to report back on how much of the avenue and at what locations would it be appropriate
to go to two-hour meters, and what kind of program would be appropriate for merchant permits
or tokens that would allow those businesses that have a need for customers to stay longer to meet
that need. He agrees with the need for signage and public relations.
Councilwoman McCandliss stated she concurs with increasing the dime program to a quarter;
however, she would want to set a time period for this to come back. If this does not achieve
and allow the relief that is needed, then she would be willing to give a moratorium period. It
is important to recognize that an atmosphere has been created; it is necessary to convince the
public to come back to Third Avenue and not feel at risk. Regarding the aggressiveness of the
enforcement, the attitude of the person writing the ticket has been a particular problem. This
needs to be addressed in-house. There needs to be signs directing people to the off-street
meters; people need to be informed that there are longer term meters with a difference in
People need to be able to drive down the street, look at a meter and know if it is a one-hour,
two-hour, or longer term meter. People still do not understand that it is illegal to "feed the
meter".
Councilman Malcolm commented that there is no easy solution. He does not feel that the dime
program or raising it to a quarter is the answer, because it takes away the incentive for patrons
to put any money in the meter. He believes there are places on Third Avenue for variable
meters; more signage is needed. He would like to roll back the clock to the way things were
and allow the merchants to have time to develop recommendations to solve the problem (less
aggressive enforcement). He believes that the idea of tokens is a good idea.
Councilman Nader commented that he agreed with Councilman Malcolm's comments. He is in
favor of reducing enforcement as opposed to eliminating it; allowing meter feeding for a 90-day
period. This would address the concern that some relief be given during the 90-day period.
MOTION
MS (McCandliss/Moore) direct staff to lighten the parking enforcement; institute a $.25
contribution to the meters; continue moving forward with the signage and posting of parking
areas as well as an identifier for the parking meters; allow ninety days for the City and the
business community to work towards a long term solution.
Director of Public Safety Winters asked for a clarification of the area which is to have lighter
enforcement. Mayor Cox stated it is the entire parking district.
City Council Minutes -7- June 21, 1990
Councilman Malcolm noted a concern with the motion because it encourages people to not put
money in the meters. The problem is that there needs to be a turnover of cars in the parking
spaces on Third Avenue; under this motion it is possible to park on Third Avenue all day and
never put in a dime (move from space to space). He would like to see only one parking
enforcement officer for the entire parking district.
Councilman Nader stated this is an interim measure and there is a need to have a solution in
place well before the expiration of this period. He suggested having a report come back in 60'
days. Councilwoman McCandliss agreed to include this in her motion.
VOTE ON THE MOTION
The motion passed. The vote was 4-1; Councilman Malcolm opposed.
MOTION
MS (Nader/McCandliss) direct staff as well as the Project Area Committee, Downtown
Association, and individual merchants to come back to the City Council with specific
recommendations for a program of merchant permits, validation, tokens, or some mechanism
that would allow merchants to provide parking for paying customers.
Councilman Moore stated that there are a number of items that he would like to see the
Downtown Association review including tokens, handicap parking, loading in alleys, signage,
public relations, communications, meter times, etc.
Mayor Cox stated he would like to include in the motion that the Downtown Business
Association and merchants discuss ideas they might have regarding providing better information
to them through newsletters or other means. Councilman Nader was agreeable to including this
in his motion.
VOTE ON THE MOTION
The motion passed unanimously.
Director of Public Safety Winters asked for clarification regarding which meters should be
included in the $.25 program. Councilwoman McCandliss responded the Third Avenue one-hour
meters are to be included, however, the whole district will benefit from lighter enforcement.
**The City Council recessed at 7:05 p.m. to reconvene as the Redevelopment Agency. The
City Council reconvened at 7:25 p.m. All members were present.**
City Council Minutes -8- June 21, 1990
11. RESOLUTION 15682 APPROVING ANNEXATION OF THE AREA KNOWN AS
EASTLAKE H - EASTLAKE GREENS AND THE OLYMPIC
TRAINING CENTER TO THE EXISTING EASTLAKE
MAINTENANCE DISTRICT NUMBER ONE
F~tLake Development Company requested that the City undertake proceedings to annex their
proposed developments known as Eastt~ke lI ~tI~l~e Greens and the Olympic Training Center
into the existing Eastlalce Maintenance District No. 2. Staff recommended approval of the
Resolution.
RESOLUTION OFFERF. f} BY COUNCILMAN MALCOLM, the reading 9f the text was
waived by unanimous consent, passed and was approved unanimously.
27. CITY MANAGER'S REPORT(S)
a. Scheduling of Meetings - No comments.
28. MAYOR'S REPORT(S)
a. AB 939 - Request to consider any and all aspects of Assembly Bill 939 including,
but not limited to, the formation of for the purpose of discussing the scope and
mission of said task force.
RESOLUTION 15693 ESTABLISHING AB 939 INTEGRATED WASTE
MANAGEMENT TASK FORCE
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous
consent, passed and was approved. (The vote was 4-0; Member Malcolm was not present for
the vote.)
MSC (Cox/Nader) designate Councilman Nader as second alternate to SANDAG. (The vote was
4-0; Councilman Malcolm was not present for the vote.)
29. COUNCIL COMMENTS
b. Councilman Nader:
Direct legislative advocate to seek legislation to ease restrictions of enforcement of
radar on a safety basis versus a speed basis
MQTIQN
MSC (Nader/Moore) direct legislative advocate to seek legislation amending the Vehicle Code
to permit cities to set a speed limit based on safety considerations and to have that speed limit
enforceable by radar. (The vote was 4-0; Councilman Malcolm was not present for the vote.)
15'973
City Council Minutes -9- June 21, 1990
c. Councilwoman McCandliss
Councilwoman McCandliss commented that at the Council meeting of June 19, when the Council
voted to put a stop sign on Hilltop, a three-month trial period was included. She wanted to point
out that this time period will not take the stop sign into the new school year with the high
school. The Council may want to extend the trial period to allow the impact of the high school~
and Jr. High being in session.
Deliberate on all aspects of instituting an early-age street use and safety program
including vehicle operation, vehicle rules and traffic safety, including requesting a
staff report regarding the advisability and cost of instituting same.
Councilwoman McCandliss requested that this item be continued to the next Council meeting.
Request that the Council deliberate on a policy of providing notice of site specific
decisions by methods including posting signs on the project site. /~'~5
Ms. McCandliss presented a picture of a sign (4' x 6') that is used by the City of Vancouver.
The sign is posted on properties that are being rezoned, or on properties that will have a land
use change. Since the City is currently undemldng a study to look at noticing, she referred this
idea to staff for consideration.
MOTION
MSC (McCandliss/Nader) refer this matter to staff to get more information and include in their
consideration of noticing issues, (The vote was 4.0; Councilman Malcolm was not present for
the vote.)
Councilwoman McCandliss further noted she received a call from a citizen who received a
parking ticket based on Section 1052.110 (Parking for Sale, Advertising, or Demonstration
Purposes Prohibited). The citizen parked his car on his own property and had a sign for sale
on it and was given a ticket. This Code Section may be causing some interpretation problems
that she would like to have looked at.
MOTION
MSC (McCandliss/Moore) to refer this matter to staff for review. (The vote was 4-0;.
Councilman Malcolm was not present for the vote.)
The City Council adjourned to closed session immediately following the meeting to discuss:
Possible issuance of Cable Television Franchise to Jones Intercable justified on the basis
of Pending Litigation and Property Disposition pursuant to Government Code Section
54956.9(a) and 54956.8.
Pending litigation pursuant to Government Code Section 54956.9(a) - Calderon vs. the
City of Chula Vista, et. al.
City Council Minutes -10- June 21, 1990
Instruction to negotiators regarding potential sale of property pursuant to Government
Code Section 549565.8 southeast comer of Fifth Avenue and 'C' Streets (City of Chula
Vista, owner).
Instruction to negotiators regarding compensation for represented and unrepresented
employees (or both) pursuant to Government Code Section 54957.6
ADJOURNMENT at 7:40 p.m. to Tuesday, luly 10, 1990.
Sandra Chase, Recording Secretary