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HomeMy WebLinkAboutcc min 1991/05/21 MINIYrES OF A REGULAR MEETING OF THE ta-lY OF CHULA VISTA Tuesday, May 21, 1991 Council Chambers 6:03 p.m. Public Services Building CAI J.F.n TO ORDER 1. CALL THE ROLk PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Ruth Fritsch, Assistant City Attorney; and Beverly A. Authelet, City Clerk 2. pI.PnGE OF AI J -PGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: May 14, 1991 MSUC (Rindone/Moore) to approve the minutes of May 14, 1991 as presented, 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the Week of May 19.25, 1991 as 'National Public Works Week* - Prodamarion was presented by Councilman Malcolm to John Lippitt, Director of Public Works for the City of Chula Vista. b. Prodaimlng the Week of May 19-25, 1991 as 'Student Government Day" - Prodmarion was presented to Nancy Woods, Senior Management Assistant, on behalf of Mark Robey of Chula Vista High School - Mayor for "Student Government Day" c. Oath of Office: Loti L. Huston, Child Care Commission. Oath of office administered by City Clerk Authdet. /~S~ d. Mayor Pro Tempore Moore expressed his concern over the well being of the City and the adverse affects the state deficit could have on local budgets. The Budget Conference Committee had recommended that any action to offset the booking fees or property tax administration fees be ignored, retain or divert the annual vehicle registrarion fees from the cities, take 50% or more of fines and forfeitures collected, and strip redevdopment funds. These funds are collected from the citizens of Chula Vista and therefore are not a ~ to the City from the state. He would recommended that the City Manager and his legislative staff prepare a package of concerns/actions and logical repercussions ir state's subvanrions that were paid by and routinely advanced to Chula Vista were reduced by 25% to 50%. The report should state whether it was reduced by 25%, 50% or 100% of those subventions mentioned with copies to ~11 city managers, mayors, county legislatures, Leagne of Cities, state lobbyists, appropriate Senate and Assembly Budget Committee members, and Governor within the next 72 houn. Because it is not on the agenda and due to the effect on the City's budget he would request that Council act upon his request as an emergency measure. City Manager Goss stated that the League of Cities and the Legislative Bulletin have indicated that the cities are getting a ver~ negative response from the joint committee and they anticipated that the committee would be making their recommendations early next week. Minutes May 21, 1991 Page 2 MSUC (Malcolm/Nader) to consider Mayor Pro T erapore Moore's recommendation as an elnergency measure. MSUC (Moore/Malcolm) to adopt the recommendation put forth by Mayor Pro Tempore Moore. Councilman Rindone stated he had testified before the Senate Ways and Means Commit-tee on behalf of the School District and had been informed that the committees would be concluding their action by next week and felt this was an emergency item. CONSENT C.~I.RNDAR 0terns pulled: 7) CONSENT CALFJqDAR, AS AMF2~ED, OF_FI/.RF_.D BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved thnnn~mOnsly. 5. WI:Ut-[F_,N COMMUNICATIONS: a. Letter requesting that the fees for a Conditional Use Permit and Initial Study be waived - Gene L. Merlino, South Bay Head Start, 1637 Third Avenue, Suite H, Chula Vista, CA 92011 Staff recommends approval of the request. It is recommended that all fees be waived as provided in the adopted City Councfi policy under Resolution No. 13360. /~3~_~ b. Letter of Resignation - Housin~ Advisory Committee - Victor A. Nolan. It is recommended that Mr. Nolan's resignation f~om the Housing Advisory and Mobfiehome Issues Committees be accepted with regret, and that a letter of appreciation be sent. /~ 3~ · c. Letter to Council regarding intent to cancel the agreement for bHllng sewer service charges as of June 30, 1992 - Garry L. Butterfield, General Manager, Sweetwater Authority. Staff recommends the Mayor send a letter to the Sweetwater Board urging them to reconsider their position and request they direct their staff to work with City staff in developing an acceptable arrangement for the authority to continue sewer :bffiing. 1~,337 6. ORDINANCE 2448 AMENDING TITLE 19 OF THE CHULA VISTA ZONING CODE BY ADDING CHAFFER 19.09 FOR THE PURPOSE OF MANAGING THE u'lY"~ GROWTH f~rst reading) - Staff has researched certain questions raised at the Council hearing regarding the obligation of projects for which tentative maps were approved after July 11, 1989, to pay future increased fees to finance the interim SR 125 :facility. Based on this evaluation, staff is proposing certain revisions to the Growth Management Ordinance. Staff recommends that Councfi place ordinance on first reading. Continued from the meeting of May 14, 1991. (Director of Planning) / ~'338 Councilman Nader stated that the staff report stated that various aspects of the ordinance would be applicable to projects that had tentative maps approved after July 11, 1989 with the exception of EastLake Greens which had a growth management exemption. He wanted to clarify that the entire growth management plan would be applicable to those projects. City Manager Goss responded that Counc~man Nader was correct in his assessment. Minutes May 21, 1991 Page 3 7. ORDINANCE 2458 AMENDING SECTIONS 19.60.530, 19.60.550 AND 19.60.580 OF THE CI-IULA VISTA MUNICIPAL CODE IlRI ATING TO POLITICAL SIGNS (first readinn) - Council requested that the City Attomey's office review the political sign ordinance to address several of their concerns. Staff recommends Council place ordinance on first reading. (Assistant City Attorney Ffitsch) Pulled from the Councilman Nader stated it was his initial response to abstain on this issue because of his candidacy for mayor. He had bean infomed that this was not an urgency ordinance therefore it would not take effect until after the election. He expressed concern over: 1) change of fight-of-way from the sidewalk from 5 fL to 6ft. and 2) the expanded liab~ity to the candidates and property owners. He fdt the liab~ity to the candidate was appropriate if signs were filegaily placed but did not feel there should be liability to the property owner if signs were unknowingly placed filegaily. He questioned the constitlltionality of such an amendment. Kenneth Larsen, Director of Building and Housing, responded that the extra foot was added to offset the confusion of the properly owners not knowing where their property lines were. It is currently staff policy to advise the property owners that they are in violation before action is taken. Assist~mt City Attorney Fritsch stated the new language did not change the ordinance but clarified it. Previous language was ambiguous as to who the owner of the sign was. This would make it consistent with other ordinances within the City which hold property owners liable for their property. Counc~ could make a policy decision regarding the removal of liabfiity to the property owner. Mayor Pro Tempore Moore felt the concern should be how signs affect the city, i.e. appearance of city and safety. He questioned whether the City had the enforcement capabilities if the candidate and properly owner were liable. He did not feel the City should be out identifying property lines for homeownen. Councilman Malcolm responded that the reasoning for marking from the sidewalk was to address the problem of property lines. Councilman Rindone expressed concern over the violations that occurred in November's election. He felt there was a flaw in the ordinance due the lack of a penalty. Attention should be focused on candidates, signs placed in the public right-of-way, and the cost to the City for removal (staff time, etc.). Assistant City Attorney Fritsch responded that the provision for penalties was located elsewhere in the Code. Any infraction of the Code is prosecutable as an infraction or misdemeanor upon the discretion of the City Attorney. The City would receive 7'/% of revenues when collected by the court. In researching this issue it was found that there were a host of constitutional problems in trying to collect fees up front for signs. MOTION: (Rindone) to refer Section 19.60.530 - Political Signs Purpose and Intent, back to staff to incorporate a provision on political signs on public fight-of-ways. Councilman Malcolm expressed his concern over the costs of litigation versus staff removing the signs in violation. Assistant City Attorney Fritsch stated Chapter I of the Municipal Code provided for fining violators for putting signs in the public right-of-way and also gave staff authority to remove those signs. She felt it unlikely that a judge would impose a maximum fine. Minutes May 21, 1991 Page 4 Mr. Larsen stated that fees previously collected for violations were not associated with political campaigns. Section 19.60.041 was adopted during the last election and did not go into effect until after the November election. It is available for this election and staff is removing signs that ere in violation. COIFnlCILMAN RINDONE WITHDREW HIS MOTION. MSUC (Nader/Malcolm) to amend the olYlln~nce as follows: 1) lean the footage from the sidewalk at five l(S), and 2) remove the liability for a property owner giving permi,Lsion to place a political sign on their .property - with liability being phced on the owner of the sign. :ORDINANCI~ 2458, AS AMENDED, PLACED ON FIRST READING BY MAYOR PRO TEMPORE MOORE, .reading of the telt was waived, passed and approved unanimously. 8. RESOLUTION 16169 AUTHORIZING THE U-iY TO EN'fER INTO AN AGI~RRMENT FOR THE JOINT EXERCISE OF POWERS WITH OTHER PUBUC AGENCIES TO ESTABUSH, MANAGE, OPERATE AND MAINTAIN EMPLOYEE BENEFIT PROGRAMS AS PROVIDED IN SAID AGI~RRMENT - In the Memorandums of Understanding with CVEA & IAFF the City agreed to offer a medical-premium retirement benefit plan .through JPEBA (Joint Powers Employee Benefit Authority). This program will provide employees the opportunity to make unlimited pre-tax salary contributions to fund health insurance premiums in retirement. Staff recommends approval of the resolution. CDirector of Personnel) 9. REPORT HdPROVEMENTS ASSOCIATED WITH THE CAR WASH AT BONITA ROAD AND BON1TA GLEN DRIVE - This item is a result of the Safety Commission consideration of the need for upgrading the street improvements adjacent to the Shell Oil Company cer wash on Bonita Road. The recommendation was to improve Bonita Glen Drive with concrete having the City shere in the cost of the construction. It is recommended that Council direct staff to prepere an agreement between the City and Shell Off Company to pay the unit costs associated with the installation of the westerly half of Bonita Glen Drive, authorize the use of $16,300 from Account #250-2501-ST515, and waive inspection fees for the combined project. (Director of Engineering) 4/5's vote require& Id~/I * * END OF CONSENT CALENDAR * * PUBUC HF,,ARINGS AND RELATED RESOLUTIONS AND ORDINANC:ES 10. PUBUC HF_ARING CONSIDERATION OF GRANTING TO BAY t;lnl~S SERVIr~-~:, INC., ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO COl l -RCT AND DISPOSE OF REFUSE FROM CHULA VISTA .Re -~-~,~ERrrARY SCHOOL FAc~ ITILS AND TO USE THE PUBLIC STREETS AND PLACES WITHIN THE t;l OF CHULA VISTA FOR SAID PURPOSE - Staff recommends that the public hearing be continued to the meeting of May 28, 1991 due to publication requirements. CCity Attorney) MSUC (Malcolm/Rindone) to continue the public hearing to the City Council meeting of June 28, 1991. 11. PUBLIC HEARING CONSIDERATION OF AN INCREASE IN THE SEWER SERVICE CHARGES AND MODIFICATION OF RATE b-IKUCTURE - Stuff requests that the public hearing be continued to June 4, 1991. (Director of Public Works) MSUC (Malcolm/Rindone) to continue the public hearing to the City Council meeting of June 4, 1991. Minutes May 21, 1991 Page 5 Counc~man Nader requested that when the report is brought back to Council that it include recommendations for a low and f~xed income sewer rates. ORAL COMMUNICATIONS a. Tom Mardn, 1438 Platano Court, Chula Vista, CA, representing South Bay Little League, ir/onned Council of a safety concern in the Orange/Rienstra Park area. There are two ball~elds back to back with spectators located in between the two. He had contacted the Parks and Recreation Department in February and again last week regarding the problem and had been disappointed in the response received from them. /~/~' Councilman Nader stated he had observed the situation and agreed that there was a safety concern. The existing netting was frayed with holes and non-existent in other areas. MSUC (Nader/Moore) to refer the problem to staff for a report and rerommendation back to Council in one weel~ b. Allen Oison, 970 East "J" Street, Chula Vista, CA, expressed his concern over the continued usage of a service road that was constructed adjacent to his property in 1988. He requested that the developer be required to move the road south of Paseo Ladera and cut inland to "J' Street. This would move the road 100 yards from his home and into an open area. With the current location there is a lot of noise and dust. Mayor Pro Tampore Moore requested that staff contact Mr. Olson and report back to Council. Councilman Malcolm stated this had been brought up several times in the past and it was t~me to have staff put their foot down regarding an alternate route or the completion of "J" Street. c. Jerry Forbes, 325 Oxford, #4, Chula Vista, CA, there was a safety problem involving ch~drevdelderly/automob~es due to the needed extension of Banner Avenue into Orange Avenue. When he questioned why this was done in the past he had been told that it would involve the movement of structures. He was not aware of any structures in the area that would have to be moved and it involved only one property owner. He requested that Counc~ address this safety concern. Mayor Pro Tempore Moore responded that this had been reviewed in the past and requested that it be reviewed again with report back to Counc~. Counc~man Malcolm requested that staff update the Council and include recommendations on action they would take and whether a capital improvement project should be considered during the budget process. Counc~man Nader stated a decision was made in the past, at the request of one property owner, to keep Banner dosed. He believed that most of the people in the neighborhood would now like to see a throughway. If staff is not prepared to recommend that Banner be opened, staff should bring forth recommendations for a public/pedestrian throughway. City Manager Goss responded that staff would return with an updated report. d. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, CA, representing the Extended Greene Family, referred to a school district policy in which members of the audience can offer consU'uctive criticism during meeting but not lodge verbal complaints against employees of the district. He requested that he be allowed to attend a Closed Session with the City Counc~. ,Minutes May 21, 1991 Page 6 Mayor Pro Tempore Moore responded that the Council currently had a similar policy which required all speakers from the public to address only the Chair. ACTION ITEMS 12~. RESOLUTION 16173 APPP, OVING 'II-IE 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CAPITAL IMPROVEMENT PROJECT, COMMUNITY DEVELOPMENT PROJECT, AND PLANNING AND · ADMINLS'IHATION BUDGET, THE 1990-91 TO 1992-93 COMMUNITY DEVELOPMENT PLAN, AND AIJTHOI~IzING THR TRAI~ 1 iAL OF THE CDBG APPLICATION, ~ STATEMENT, ~ ASS(XIAI~_.D · DOCUI~ - The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG enti~ement funds and anticipates receiving CDBG program income of about $90,000 from the Housing Rehabilitation revolving jfund. In making recommendations, staff has thoroughly considered the recommendations of several advisory commissions and committees and the comments made at the public hearing. The public service allocations are included in a separate Resolution in order to allow Council members to vote separately on each half of time budget. Staffrecommends approval of the resolution. (Director of Community Development) 4/5's vote required. B. RESOLUTION 16174 APPROVING THE 1991-92 COMMUNI'tY DEVELOPMENT BLOCK GRANT '((DBG) PUBLIC SERVICES BUDGET AND THE REALLOCATION OF $974 FROM COMPLIl t~D PP. OJEC'I'S TO ~ WOODLAWN PARK COMMUNITY CENTER - Staff recommends approval of the resolution. (Director of Community Developmen0 4/S's vote required. 'Chris Salomone, Director of Community Development, stated the five program areas recommended for funding were: Social Services, Community Development. Capital Improvements, Planning and Housing, and Administration. Applicable recommendations have been reviewed by the Montgomery Plmming Committee, !Commission on Aging, Human Relations Cornmission, Youth Commission, Childcare Commission, and the .Housing Advisory Committee. Upon approval by the Council the recommendations will be forwarded to ~HUD for review and funding will then become avafiable in August of this year. The National League of 'Cities and NARO have advised the staff that the funding source will be reduced ne.n year at t. he federal level ~by approximately 10% to 20%. .Councilman Pindone stated he had requested that the item be bifurcated and contrary to previous advice, Resolution 16174 did not require a 4/5's vote. He then read a legal opinion from the City AttomelPs Office confirming his abfiity to abstain on Resolution 16174. He would participate in the discussion and vote on Resolution 16173 but would abstain on Resolution 16174 because he would be in charge of administering one of the proposals requesting funding under that resolution. 'Councilman Malcolm questioned whether the City should be in the social business if the budget is impacted due to cutbacks from the state. He expressed concern that if the resolution was voted on tonight and the City found later that the budget would be cut by $3-4 million that the allocations could not be changed. 'CDBG funding could be utilized for CIP projects in order to help balance the budget. The Council has never revised the question of percentage or how much should be given away and he felt the Council should Telook at this. City Manager Goss stated that fithe cuts do occur he was uncertain at this time the impacts it wot~d have upon the operating budget. Due to federal constraints he was not sure that those monies could be used in the operating budget. The only exception to that would be where the City picks up f~nding of programs where there had been grants in the past, i.e. Chula Vista Literacy Program and the Human Services Center. Minutes May 21, 1991 Page 7 Mr. Salomone stated that staff would return with individual social services contracts in late June or early July. Council could then reappropriate the funds or change the strategy at that time. The strategy could be changed anytime throughout the year with the holding of a public hearing. He felt it important to note that most of the social service agencies were now preparing their budgets and felt there could be an impact on them at this time. Councilman Malcolm felt that all social service agencies should be placed on notice that the City was not committing any funds pending action at the state level. Mayor Pro Tempore Moore recommended that action affected by this aganda item be held in abeyance until state subventions to Chula Vista are approved for allocation or no allocation. If cuts in allocations are major then this action taken on 12A and 12B will be brought back to Council for reconsideration. MS (Ma]colm/Moore) to adopt the recommendation presented by Mayor Pro Tempore Moore. Councilman Nader expressed his concern that this action would impact other non-city funding received by various social service agencies, i.e. grants, matching funds, etc. He hoped that staff would carry out the motion made tonight so that it would not jeopardize other funding sources. Mr. Salomone responded that staff suspected there were agencies with matching funds but did not know which agencies those were at this time. Councilman Kindone questioned whether the proposed motion would be applicable to 12A and 12B. Mr. Salomone responded that it would apply to both resolutions. VOTE ON MOTION: approved 3-0-0-1 with COUDr~'lrn~n Rilldolle abstn~n~ng, /~/~ Councilman Nader stated the Center for Victimology was not recommended for funding as staff had indicated it was similar to a program being offered by the District Attomey's Office. The Center had stated that if funding was received they would set up an office in Chula Vista. He questioned what level of funding they would require to set up the office. He felt they provided a needed service to crime victims and their families and that the DA's Office did not provide such services. He hoped that staff would look elosely at their request in the next several years. KESOLLrrlON 16173 Ol--l./u~D BY COUNCHMAN MALCOLM, reading of the text was waived, passed and approved ,,~,irnously. RESOLLrrlON 16174 O~-~-~KD BY COUNC~IX~I MALCOLM, reading of the t~-T wa~ ~ poised and approved 3-0-0-1 with Coune~rnan Rindone absralnlng. BOARD AND COM~SSION RECOMMENDATIONS None submitted. ITEMS pUIJ.KI~ FROM THE CONSENT CAI.RNDAR Items pulled: 7. The minutes will reflect the published agenda order. Minutes May 21, 1991 Page 8 OTHER BUSINESS 13. ~a'iY MANAGERS REPORT(S) a. Reminded Council of the Budget Worksessions on Wednesday and Thursday at 4:000 p.m. in the Council Conference Room. There will be a meeting to discuss the proposed regional airpor~ on May 30th in the City Council Chambers. He recommended that the Council tour scheduled for June 1st be delayed until September. It was the consensus of the Council to conduct the tour in September. b. Informed Council that he had received the population estimates from the State Depa~Lment of Finance which was 138,722 as of January 1, 1991. 14. MAYORS REPORTfS) a. Ratification of Safety Commission Appointment. MSUC (Moore/Malcolm) to ratify the appoinUnant of Stephen C. Padilia to the Safety Commission. 15. COIJNCIL COMMENTS Councilman Malcolm: a. Questioned the meeting with the Chamber of Commerce on Wednesday, May 29th at 10:15 a.m. .Mayor Pro Tempore Moore responded that Council had been invited to attend the meeting with the Chamber of Commerce to meet with the Executive Committee. b. Informed Counc~ that the State Assembly was proposing to give the State a loan from the off road ~reen sticker tax fund. This fund was established to purchase land for off road vehicles in an attempt to :protect sensitive environmental areas and species. The State has previously borrowed money from this fund 'and he felt it was inappropriate to tax a special group for a certain item and not use the funds as directed by law. The issue would be addressed by the Ways and Means Committee on Wednesday and he requested that Council consider this item as an emergency. Councilman Nader stated he would be prepared to deal with the loan but was not prepared to discuss the location of the site. He did not want to support the resolution distributed by Councilman Malcolm as it addressed the location of the OI-IV park in Otay Mesa. Mayor Pro Tempore Moore questioned whether the gas tax revenues would also be utilized. ,Councilman Malcolm responded that he had been informed by the Legislative Analyst that the loan involved the *green sticker' taxes. MSUC (Malcolm/Moore) ro consider the issue of a loan to the State f~om the *SIam sticker* tax fund as an amergeney MSUC (Malcolm/Moore) to authorize the Mayor to send out a letter stating that the City of Chula IF~sta believes that the off road 'green stichr' vehlde tax should be used as designated and not loaned to the State Minutes May21, 1991 Page 9 at the expense of the off road vehicles users. It should be dear that the City is in opposition to the use of the fund for any thing other than its Origln~! designation, Councilman Rindone: a. Clarified his vote for the ratification of appointment to the Safety Commission. The person appointed is currently serving on a City Board but it is an "on call' board. He supported the policy of allowing people to serve on one board only as it provided an opportunity for all citizens to participate. ADJOURNMENT ADJOURNMENT AT 7:40 P.M. to the Special City Council Meeting/Worksession on May 22, 1991 at 4:00 p.m. in the City Council Conference Room located in the Administration Building. A Redevelopmerit Agency meeting was held at 7:40 p.m. and adjourned at .8:20 p.m. Respect~ally submitted, BEVERLY A. AUTHELET, CMC, City Clerk