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HomeMy WebLinkAboutcc min 1991/03/19 MINUTES OF A REGULAR MEETING OF THE CITY OF CHUId~ VISTA Tuesday, March 19, 1991 Council Chambers 6:05 p.m. Public Services Building CALLED TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.EGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: February 4, 1991, and March 12, 1991 MSUC (Moore/Nader) to approve the minutes as presented for February4 and March 12, 1991. Councilman Malcolm abstained from voting on the minutes of 3/12/91 due to his absence at that meeting. 4. SPECIAL ORDERS OF THE DAY: a. Presentation by San Diego County Water Authority regarding water crisis and implication of 50% water cutbacks - Michael Madigan, Chairman. Continued to the meeting of Aptil 2, 1991. b. Presentation of certificates to the Chttla Visids Odawara Maralhon Relay Team, their coach and facilitator. Councilman Malcolm presented the certificates to the Marathon Relay Team. c. Presentation by Lisa Campbell and participants from the Odawara City Ten Year Anniversary Relay Race - The race took place in Odawara, Kanagawa, Japan in February 1991. CONSENT CALENDAR (Items pulled: 7, llA, llB, 11C, and 12) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. 5. WPd i IEN COMMUNICATIONS: a. Request for Council to grant an emergency ordinance for a fight of use permit for a project that will help lessen the water problem in the South Bay area - Roy Muraoka, Chief Executive Officer, Muraoka Enterprises, Incorporated, 1425 Second Avenue, Chula Vista, CA 92011. It is recommended that the urgency ordinance process as outlined in the letter from the Planning Department be authorized and staff be directed to prepare said ordinance for Council consideration at your April 2, 1991 meeting. b. Claim against the City - George Merziotis, C/O Torrey Pines Property Management, Inc., 713 Broadway, Suite "J", Chula Vista, CA 91910. It is recommended that the portion of the claim and damages Minutes March 19, 1991 Page 2 accrued prior to one year before the date of filing of the claim (February 11, 1990) be returned as late, and the balance of the claim be denied. 15'ls'~ c. Letter requesting permission to appear before Council regarding Truman Brooks v Margie J. Phares litigation - Truman Brooks, 3404-A Bonita Road, Chula Vista, CA 92010. It is recommended that the Council listen to the comments of the speaker, but not comment in response to Mr. Brooks' statements. If the Council wishes to discuss or comment on the written settlement offer or comment on statements of the speaker, they should not do so in open session without a closed session discussion of this matter first with the City Attorney. tn the absence of other instructions or direction to the contrary, the City Attorney intends to proceed to collect on the cost order, and will confirm refection of the proposed written settlement offer. I $1~6 6. RESOLLrI'ION 16093 APPROVING AGRRRMENT BETWEEN THE CITY OF CHULA VISTA AND gEYSER MARSTON ASSOCIATES, INCORPORATED FOR ECONOMIC ANALYSIS OF DEVELOPMENT AGRREMENTS AND APPROPRIATING lrONDS THEREFOR - The City of Chula Vista is interested in receiving economic analyses relating to the value of entering into development agreements for various large scale private projects. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 4/5's vote required. Continued from the 3/12/91 meeting. 1 5161 7. RESOLUTION 16095 AUTHORIZING LITIGATION AGAINST THE COUN'I~ OF SAN DIEGO TO CKAI.I.F. NGE THEIR NEWLY IMPOSED BOOKING FEE - It is recommended that a resolution be adopted authorizing the City Attorney and the City Manager to join with other concerned cities in selecting special counsel to challenge the San Diego County booking fee and appropriating funds not to exceed $10,000. Staff recommends approval of the resolution. (City Attorney) 4/5's vote required. Pulled from the Consent Calendar. RESOLUTION 16098 OFFERED BY COUNCILMAN MAt. COIAVI, reading of the text was waived. City Manager Goss stated this was a position that the County and cities had been placed into by the State legislature. The cities statewide were attempting to obtain substitute revenues at the State level so the County would not have to charge the cities the booking fees. VOTE ON RESOLIJTION 16095: approved unanimously. 8. RESOLUTION 16096 APPROVING THE GREG ROGERS PARK MASTER PLAN AND ADOPTING THE NEGATIVE DECLARATION FOR IS-90-51 - Since July, 1989, the department has been working with the architectural firm of Gillespie/Delorenzo to design a Master Plan for Greg Rogers Park. Staff recommends approval of the resolution. (Director of Parks and Recreation) MSUC (Moore/lqader) to continue to the meeting of April 9, 1991 due to lack of proper notice to residents. Councilman Rindone requested that staff prepare a breakdown of the phasing plan so that everyone would understand that the capital improvements would not be immediate. 9. RESOLUTION 16097 APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES, INCORPORATED FOR HANDYTRANS OPERATION - The current three year agreement between the City and Community Transit Services, Inc. (CTS) for Handytrans operations terminates on 6/30/91, and includes an option to extend the agreement Minutes March 19, 1991 Page 3 on an annual basis for two years. This first amendment extends the agreement for one year. Staff recommends approval of the resolution. (Director of Public Works) I~ll,,,~' 10. RESOLUTION 16098 ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF CORRAL CANYON ROAD AND COUNTRY VISTAS LANE - Staff has evaluated the request for an all-way stop at the intersection of Corral Canyon Road and Country Vistas Lane. Staff recommends approval of the resolution. (Director of Public Works) 11 .A, REPORT REGARDING CLOSING OR REDUCING THE PUBLIC SERVICE HOURS AT THE LIBRARY AT 365 'F' STREET IN ORDER TO BRtABEL THE COLLECTION WITH BAR CODE IDENTIFICATION LABEI~ PRIOR TO GOING ONLINE WITH THE INLEX LIBRARY AUTOMATION SYSTEM - Two alternate resolutions are outlined for Council consideration. (Library Director) Pulled from the Consent Calendar. 1 ~/~ g, Sue Miller, 46 Alvarado Place, Chula Vista, California, Chair of the Library Board of Trustees, spoke in support of closing the Library for eight days to facilitate the relabeling of the collection with bar code identification labels. The Board felt this was the most effective utilization of the library and staff. Councilman Nader was against the Library Board recommendation as he felt it would have a tremendous impact on students and questioned whether this had been discussed by the Board. Ms. Miller responded that it had been discussed and that Southwestern College had agreed to allow students to utilize their library. Other branch libraries would also remain open. Deputy City Manager Thomson informed Council that the current equipment was very old and unreliable and he would not recommend the delay of the program until summer. The Director of Public Works had verified that TDA funds could not be used to offer flee bus service to Southwestern College and therefore some other City fund would have to pick up those costs. MS (Malcolm/~ader) to adopt the Library Board of Trustees recommendation (Resolution 16099B) and direct staff to provide 172 hour bus service from the Library to Southwestern College for the eight days the library would be dosed. City Manager Goss stated this was a new proposal and staff would need time to properly evaluate the impacts. Staff felt it would be best for the community ff the library was kept open on a part-time basis. SUBSTITLFI~ MOTION: [Nader/Moore) to adopt Resolution 16099A, which will dose the library on a part time basis for three weeks. Approved :3-1 (ayes: Moore, Nader, Rindone noes: Malcolm) B. RESOLUTION 16099A APPROVING THE LIBRARY AT 365 'F" STREET BE CLOSED DURING MORNING HOURS, 10:00 A.M. TO 12:00 NOON, FOR THREE WEEKS BEGINNING APRIL 1 THROUGH APRIL 19, 1991, IN ORDER TO BAR CODE THE COIJ.RCTION Pulled from the Consent Calendar. C. RESOLLrrION 16099B APPROVING THE LIBRARY AT 365 q~ STREET BE CLOSED FOR EIGHT DAYS, (APRIL 1 THROUGH 8, 1991) IN ORDER TO BAR CODE THE COLLECTION Pulled from the Consent Calendar. Not approve& Minutes March 19, 1991 Page 4 12. REPORT ON CHULA VISTA TRANSIT (CVT) STUDY - At it's meeting on 3/5/91, Council considered proposed CVT senrice changes for next fiscal year, and directed staff to reevaluate two proposed changes which are: (1) elimination of Route 702 sen'ice to "F" Street between Second and Fourth Avenues, and (2) the elimination of Route 701 service on Palomar/Second/Quintard. Staff recommends that Council accept the report and recommend to the SCOOT Board that Phase I CVT improvements be implemented in FY 1991-92, subject to any changes Council may approve. (Director of Public Works) Pulled from the Consent Calendar. I~1~, ~ Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, California, spoke in support of the staff recommendation. William Gustafson, Transit Coordinator, stated he had meet with the Downtown Business Association regarding their proposal and the Association voted to support the staff recommendations. He then reviewed the process utilized in establishing the routes and scheduling times. Driven were not consulted during the study process. Councilman Nader felt that as the proposal was implemented modifications be made to: 1) insure that frequency of total senrice to the corner of F Street between 2nd and 4th Streets not suffer any overall reduction; and 2) direct staff to meet with representatives of the bus drivers regarding their scheduling and relief concerns with a report back to Council. MOTION: (Malcolm/Moore) to accept the report. AMENDMENT TO MOTION: (Nader) to include the 702 diversion (F Street between 2rid and 4th Streets). Motion died for lack of second. AMENDh/ffiNT TO MOTION: (Nader) to direct staff to meet with the representatives of the &rivers to ascertain their concerns regarding scheduling with a report back to Council. Motion died for lack of second. VOTE ON MOTION: approved 3-1 (ayes: Malcolm, Moore, Rindone noes: Nader) Councilman Nader stated he could not vote for the motion knowing safety concerns would not be reviewed. Councilman Malcolm requested a memorandum from the City Manager regarding the safety issues. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING FORCONSIDERATIONOFCOASTALDEVELOPMENTPERMITNUMBKR52, CONSTRUCTION OF A 245,000 SQUARE FOOT INDUSTRIAL BUSINESS PARK BUILDING OWNED BY ROHR INDUSTRIES, INCORPORATED - Consideration of a 245,000 square foot business park building on 11 acres of property located at 850 Lagoon Drive, owned by Rohr Industries. (Director of Community Development) The public hearing was continued to the meeting of 3/26/91. Municipal Code Section 2.04.020, requires that the City Council meeting the week prior to Easter be canceled, therefore staff recommends Council continue the public hearing to the meeting of 4/Z/91. MSUC (Moore/Nader) to continue the public hearing to the meeting of April 2, 1991. Minutes March 19, 1991 Page 5 14. PUBLIC HEARING ADJUSTMFJqT OF GOLF COURSE GREEN FEES - American Golf has requested a green fee adjustment for the Chula Vista Golf Course as provided in the lease agreement with the City. The effective date of increase, if approved, would be 5/1/91. Staff recommends approval of the resolution. (Director of Parks andRecreation) /~/~F Councilman Rindone stated the two goals he would like to see accomplished were: 1) in absence of improvements beyond the original three years, staff take a pro-active position regarding additional capital improvements, and 2) rates should not automatically be raised annually. The City should maintain the lowest possible rates and at the same time provide a fair return to American Golf. This being the time and place as advertised, the public hearing was declared open. George Laury, 156 E. Millan Street, Chula Vista, California, spoke in opposition to the staff recommendations as he felt it would create a hardship for the senior citizens. Scott Alevy, 901 Avertida Ysidora, Chula Vista, California, informed Council he had submitted the proposal for resident cards. There should be benefits to the residents of the community if it is to be a community owned course. Bert Geisendorff, Regional Director for American Golf Corporation, complimented Jess Valenzuela and Jerry Foncerrada for their efforts in working with them. American Golf Corp. had yet to see a positive net flow from the operation but had completed their capital improvement projects and repairs and had not tried to renegotiate their lease due to those circumstances. He requested that Council approve their original request for a rate increase. John Relph, 583 Fig, Chula Vista, California, spoke in support of American Golf and their request. Douglas Hawkins, Bonita, California, did not feel that contractual obligations had been met by American Golf Corp. and therefore did not merit an increase in rates. He expressed his concern over the attitude of the Parks and Recreation staff and their monitoring of the current contract. He requested Council: 1) deny the rate and send back to Parks and Recreation Commission for further study, 2) instruct the Parks and Recreation Commission that the Senior fee will remain unchanged during 1991, 3) establish checks and balances to insure that American Golf meets their contractual obligations by specific times and dates, and 4) when their contract comes back for renewal consider another company or take back the golf course. Bill Anderson, 141 King Street, Chula Vista, California, did not feel that American Golf Corp. had ful~lled their contractual obligations. Capital improvement items 4, 7, 10, 11, and 12 had not been done and Exhibit "D' describing maintenance was not being monitored by the City. He did not feel that the comparisons of courses listed by staff was adequate and requested that Council deny the rate increase. A1 Toso, 207 San Miguel Drive, Chula Vista, California, complimented American Golf Corp. and the work they had done to the course. He felt they were allowed comparable rates and that there should be an annual resident card. Raymond Cayla, 112 "H" Street, Chula Vista, California, did not feel that the course had been maintained properly or that the fees should be raised. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm felt the course was in superior shape now in comparison to how it was when American Golf took it over. The City at that time was operating the course at a loss of approximately $100,000 per Minutes March 19, 1991 Page 6 year. He would like to approve some type of fee increase leaving the senior monthly card, as proposed by American Golf, in place. Non-resident seniors should not receive the same break received by the Chula Vista seniors. American Golf should be directed to address a resident fee schedule before they come back to Council for additional increases in fees. Councilman Nader felt the residents of the City should receive a break and it would appear that Mr. Alvey's recommendation would be easily administered. He would prefer that staff bring back a report addressing this issue within a few months to include recommendations on a non-resident fee so the impact is revenue neutral to Axnerican Golf Corporation. Mr. Valenzuela informed Council that a response to Mr. Anderson's charges was included in their information packet. A letter of response will also be mailed to Mr. Anderson and he will also meet personally with him to address those allegations. Councilman Rindone stated he had opposed the leasing of the golf course when he sat on the Parks and Recreation Commission and had been concerned about this issue for a very long time. He also felt American Golf Corp. had made tremendous strides in improving the course. Prior to any further consideration of fees there should be a written review of the maintenance, accomplishments and capital improvements. He would support the $40.00 monthly pass and not eliminate the monthly pass for the seniors. AMENDMENT TO RESOLIYrlON 16100: (Rindone/Nader) to retain the $40.00 monthly pass with the $1.00 senior citizen green fee charge (no change in the senior pass). Councilman Malcolm could not support the staff recommendation as he felt the request by American Golf Corp. was fair and that Council could consider a resident card at a later date. He could support the amendment for the senior pass. VOTE ON AMENDMENT: approved unanimously. AMENDMENT TO RESOLUTION 16100: (Malcolm/Moore) to modify the remainder of the fees to reflect the proposal submitred by American Croft Corporation. Mayor Pro Tempore Moore felt American Golf Corporation had fulfilled their commitments and he could support the request for increased fees. Councilman Rindone stated he could not support the amendment as he felt the Parks and Recreation Commission had supplied a complete review with their recommendations. VOTE ON AMENDMENT: motion failed 1-3 {ayes: Malcolm noes: Moore, Nader, Rindone) MS CRindone/Nader) adopt the Parks and Recreation Departmanes recommendations for fees. AMENDMENT TO MOTION: Ctqader) direct staff to bring hack within three months: 1) proposal for implementing a discount card for residents of Bonita and Chula Vista zip codes; and 2 ) proposed adjustment to make the entire package revenue neutral for American Golf Corporation. Councilman Nader stated he utilized zip codes for administrative convenience only. Motion fafied due to lack of second. VOTE ON MOTION: approved 3-1 {ayes: Moore, Nader, Rindone noes: Malcolm) MS (Nadcr/Malcolm) staff is to devdop and present to Council for review a proposal for a resident discount within a year or before any further increase is to be considered. Minutes March 19, 1991 Page 7 Councilman Rindone requested that Councilman Nader remove "one year" from his motion as he felt it made the assumption of an additional rate increase in one year. AMENDMENT TO MOTION: (Nader/Malcolm) to delete the reference of 'one year'. VOTE ON AMENDMENT: approved unanimously. VOTE ON MOTION AS AMENDED: approved unanimously. RESOLUTION 16100 APPROVING THE GREEN FEE ADJUSTMENT FOR CHULA VISTA MUNICIPAL GOLF COURSE RESOLUTION 16100, AS AMENDED, OFFERED BY COUNCILMAN NADF/L reading of the text was waived, passed and approved 3-1 (ayes: Moore, Nader, Rindone noes: Malcolm) 15. ORDINANCE 2447 ESTABLISHINGTHEGROWTHMANAGEMENTOVERSIGHTCOMMISSION ('first reading) - The ordinance does not require a public hearing but is related to the following items. Staff recommends Council continue the item to the 4/2/91 meeting. (City Attorney) /~/~'o MSUC (Moore/Nader) to continue the public hearing to the meeting of April 2, 1991. A. PUBLIC HEARING PCA-91-3: CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE RELATING TO ADOPTION OF THE GROWTH MANAGEMENT IMPLEMENTATION ORDINANCE - The Growth Management Program and implementing ordinances will create a comprehensive system to manage future growth by directing and phasing development in order to guarantee the timely provision of public facilities and services. The ordinance to establish the Growth Management Oversight Commission will replace the original resolution adopted by Council in 1987. Staff recommends that Council continue the public hearing to the 4/2/91 meeting. (Director of Planning) 1~/7/ MSUC (Moore/Nader) to continue the public hearing to the meeting of April 2, 1991. ORDINANCE 2448 RELATING TO ADOPTION OF THE GROWTH MANAGEMENT ORDINANCE (first readinl~) B. PUBLIC HEARING PCM-91-5: CONSIDERATION OF ADOPTING THE GROWTH MANAGEMENT PROGRAM- Staffreeomme~ds that Council continue the publie hearing to the4/2/91 meeting. (Director of Planning) RESOLLrFION 16101 ADOPTING THE GROWTH MANAGEMENT PROGRAM OTHER BUSINESS 16. ORAL COMMUNICATIONS 16a. Robert C. Maxwell, 473 Berland Way, Chula Vista, California, referred to recent newspaper articles regarding the diversion of trash from north county to the landfill in Chula Vista. He urged Council to oppose the County Board of Supervisors action and encouraged all Chula Vista citizens to write in opposition to the Board before the April 2nd vote. Minutes March 19, 1991 Page g City Attorney Boogaard informed Council that this was not an agendized item but could be address with a unanimous vote by Council to place it on the agenda. MS (Moore/Iqader) due to the urgency of Ibis item, Council place it on the agenda for action. Motion failed 2-2 (ayes: Moore, Nader noes: Malcolm, Rindone) 16b. Cha~ene Fox, 4128 The Hill Road, Chula Vista, California, representing the Bonita Vista High School - Music Machine, stated they had been invited to perform on a national level at Walt Disney Wo~d in Florida. They are currently seeking donations from the community and she requested that Council consider a donation. The Music Machine would perform at no charge for the City. City Attorney Boogaard informed Council that if they found this item a maker of emergency which arose after the preparation of the agenda, Council could agendize this item for discussion for tonights meeting or on Thursdays Redevelopment Agency meeting, with a 4/5's vote. Councilman Malcolm requested that this request be placed on the April 2, 1991 Council agenda. 16c. Martin Aultbaum, 581 "C" Street, Chula Vista, California, representing Chula Vista Cable, requested emergency action from Council tonight regarding the trench ordinance. City Attorney Boogaard informed Council that this request could be agendized for the Thursday Redevelopment Agency meeting. MSUC (Malcolm/Nader) to find that the matter arose after the preparation of the agenda and than there was an urgency on this request that would not allow it to wait until the next regularly scheduled Council meeting, therefore it is to be docketed on the Thursday agenda for the Redevelopmerit Agency meeting. 16d. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, referred to his past legal situation with the City and requested this be agendized for consideration. 17. BOARD AND COMMISSION RECOMMENDATIONS: None 18. ITEMS pUL.I~.D FROM THE CONSENT CAI.RNDAR (Items pulled: 7, llA, llB, 11C, and 12) The minutes will reflect the published agenda order. 19. CI'IYMANAGFR'SREPORT(S)- None 20. MAYOR'S REPORT(S) 1. Welcome home signs and activities for Desert Storm participants to include parade, potential events at Southwestern College - Devore Stadium followed by evening dance on the Fourth of duly. The committee had been formed and he requested Councils support to pursue these activities. Activities would include a fair at Southwestern College on the 4th of duly, with a parade downtown, and then a military ball on the top floor of the parking structure. City Attomey Boogaard stated that the appropriation of funds had not been agendized and requested that Council docket the issue for the April 2, 1991 meeting. Minutes March 19, 1991 Page 9 2. The County will sponsor a regional drought summit on Wednesday, March 20, 1991 at 8:00 a.m. 21. COUNCIL COMMENTS a. Councilman Malcolm: 1. Opposition to Route 125 Toll Road - Continued from the 3/12/91 meeting. No action taken. 2. Legislative Analysis: Information: Support of proposal by George F. Bailey, Supervisor 2nd District, San Diego County Board of Supervisors regarding drunk driving charges. b. Councilman Rindone: 1. Bayfront Task Force Subcommittee Report - Continued from the 3/12/91 meeting. The recommendation is to appoint residents of Chula Vista to serve on the Subcommittee with the two Councilmembers. Mayor and each Councilmember would make one appointment for a total of five members in an ex-of~cio capacity. /5/~J Councilman Nader proposed that in addition, certain commissions be allowed to appoint one ex-officio member. Those commissions would be: Economic Development, Cultural Arts, Planning, and Resource Conservation. MSUC (Nader/Rindone) authorize citizen ex-officio participation by inviting each member of the Council to appoint one resident of Chula Vista to serve as an ex-officin citizen member on the Bayfront Task Force Subcornmittee and also allow the Economic Devdopment, Cultural Arts, Planning, and Resource Conservation Commission to appoint one ex-officio member. Mayor Pro Tempore Moore stated a letter from the Mayor would be sent to the four Commissions regarding their appointment of an ex-officio member to the subcommittee. Names are to be submitted within thirty days to the Mayor's office. 2. Requested that the Written Correspondence from Truman Brooks regarding Truman Brooks v. Margie J. Phares litigation be docketed for the Redevelopment Agency Meeting Closed Session in April with a memorandum updating Council on this issue. c. Councilman Nader: 1. South Bay cities request a meeting with their respective Port Commissioners regarding the hi- national airport plans. MSUC CNader/Malcolm) send a letter to the Mayors of National City, Imperial Beach, San Diego, and Coronado reiterating the Councfl's concerns as to the hi-national airport issue and requesting that they meet with their Port representatives and brief them on these concerns. Minutes March 19, 1991 Page 10 ADJOURNMFANYF MSUC 0Vlalcolm/Nader) to refer the following items to outside counsel, Daley & Heft: Pending litigation pursuant to Government Code Section 54956.9 - Arciniaga versus the City of Chula Vista Pending litigation pursuant to Government Code Section 54986.9 - Miller versus the City of Chula Vista ADJOURNMENT AT 9:45 P.M. to the Regular City Council Meeting on April 2, 1991 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. ~oderqui~, Depu~: Clerk