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HomeMy WebLinkAboutcc min 1991/11/05 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, November 5, 1991 Council Chambers 4:06 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityAttorney; and Beve~y A. Authelet, City Clerk 2. PI.RDGE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MI~: October 22, 1991 MSUC (Moore/Grasser Horton) to approve the minutes of October ZI, 1991 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Retiring Board and Commission Member Resolutions: Board of Appeals - Richard Reynolds (Resolution 16386) 15691 Board of Ethics - Rodolfo David (Resolution 16387) 15692 Civil Service Commission - Bill Berry (Resolution 16390) 15693 International Friendship Commission - Mary Brining (Resolution 16384) 15694 Library Board of Trustees - Suzanne Miller (Resolution 16385) 15695 Planning Commission - Shirley Grasser Horton (Resolution 16391) 15696 Safety Commission - Ernest Arnold (Resolution 16388) and Eugene Militscher (Resolution 16389) 15697 15698 RESOLUTIONS 16384 THROUGH 16391 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. b. Oath of Office: Civil Service Commission - Mary Casillas Salas 15699 Montgomery Community Planning Committee - Phillip A. Scheuer 15700 Planning Commission - William C. Tuchscher II 15701 Oath of Office was given by City Clerk Authelet to Ms. Salas, Mr. Scheuer, and Mr. Tuchscher. Certificates of appointment were presented by Mayor Pro Tempore Moore. c. Presentation of Legislative Certificates of Recognition - Tab Berg representing Assemblywoman Tricia Hunter's Office of the 76th District presented Legislative Certificates of Recognition to Mary Jane Diosdado and Rosemary Resnik of the Chula Vista Police Department for their efforts with Red Ribbon Week and crime prevention. Minutes November 5, 1991 Page 2 d. Acknowledgemerit of receipt of ICMA Award for Excellence presented to City Manager John (joss Mayor Pro Tempore Moore presented City Manager Goss with the Award for Excellence and Mayor Nader recognized his achievement. City Manager Goss stated it was an honor to receive the award. ICMA membership includes twenty4wo countries and there has only been nine awards given, with this the first ever given to a City Manager. He then introduced his family and expressed his appreciation to them for their support. Council recessed at 4:18 p.m. and reconvened at 4:36 p.m. CONSENT CALENDAR (Items pulled: 6, 10, 11, and 15) City Manager Goss informed Council that staff would like to pull Item 10 from the Consent Calendar and move it to Action Items because there were several alternatives for Council to consider. BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously with Councilman Malcolm abstaining on Item 14 and Councilwoman Grasser Horton absminning on Item ll. 5. WRI'I'L'tXN COMMUNICATIONS: a. Requesting review of the Draft Shoreline Preservation Strategy - Kenneth E. Sulzer, Executive Director, SANDAG, Suite 800, First Interstate Plaza, 401 B Street, San Diego, CA 92101. Staff recommends that the invitation to schedule a presentation by SANDAG be declined. 15702 b. Letter of resignation from the Youth Commission - John Rodgets. Staff recommends that the resignation be accepted with regret. 15703 c. Letter inviting Council and/or designees on a tour of out-of-town Kaiser Permanente medical centers - Diane Strum, Director, Government & Community Affairs, Kaiser Permanente, 4647 Zion Avenue, San Diego, CA 92120. Staff recommends that the letter be acknowledged and that the Mayor/Council Secretary contact the Council to determine their interest in such a tour and respond to Kaiser on their behalf. 15704 6. ORDINANCE 2483 AMENDING SECTIONS 19.60.020 AND 19.08.030 OF THE MUNICIPAL CODE RRLATING TO ENFORCEMENT (first reading) - Pursuant to Council direction, the Planning, Department, Building and Housing Department, and City Attorney's Office have initiated enforcement efforts to deal with the problem of illegal signs. As a result, it was discovered there was a need to clarify the ordinances. The change to Section 19.60.020 would allow enforcement power against those erecting an illegal sign and those who are plainly guilty of maintaining or permitting an illegal sign. The change to Section 19.08.030 would give the City the option of prosecuting offenses as either infractions or misdemeanors. Staff recommends Council place ordinance on first reading. (City Attorney) Pulled from the Consent Calendar. 15705 Councilman Malcolm noted that the staff was only carrying out the direction of the Council regarding enforcement but he had a philosophical problem with actively going out to enforce the sign ordinance, Minutes November S, 2991 Page 3 thereby creating a hardship on businesses. He did not feel code enforcement should be over burdensome on the business community and that the sign code needed to be revised regarding existing signs. Councilman Moore felt the key was enforcing the laws with common sense. The sign ordinance was established fifteen years ago with a fifteen year grandfather clause for existing signs. That ordinance had been extended for two additional years. He felt the business community had excessive input regarding signs. Mayor Nader felt the proposed ordinance did not deal with substance but with technicalities. It changes violations to infractions from misdemeanors and suggested that on next weeks agenda there be an item regarding "initiation of review of sign ordinance" on the next agenda. ORDINANCE 2483 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. Mayor Nader questioned whether the Council wanted an item placed on the agenda for next week or two weeks. Councilman Moore stated the sign ordinance needed to be reviewed as to why it was not working and the Chamber should be included for input. The last review dealt with the abatement of the grandfather clause only. Mayor Nader suggested that staff look at the ordinance administratively and bring it back to Council. He had a more substantive view but because it was not on the agenda he would bring it up at another time. 7. ORDINANCE 2484 ADDING SECTION 8.24.045 TO THE MUNICIPAL CODE RELATING TO TRASH (first reading) - The City is currently having a problem with people using City trash receptacles on a routine basis to unload their privately generated garbage. The addition of the proposed section would specifically address this situation. Staff recommends Council place the ordinance on first reading. (City Attorney) 15706 8. RESOLUTION 16392 MAKING CERTAIN FINDINGS AND AUTHOPdZING DISTRIBUTION OF EASTlAKE RESERVE FUND - In conjunction with approval of EastLake I in 1986, a Reserve Fund was established to be used in the event that EastLake I had a negative fiscal impact on the City. The Reserve Fund, held by the City, has been funded solely through annual contributions from EastLake Development Company and investment earnings. Certain conditions have been met, and the Reserve Fund is to be distributed 50% to EastLake and 50% retained by the City. Staff recommends approval of the resolution. (Director of Finance) 15707 9. RESOLUTION 16393 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT CLSCA) FUNDS FOR THE PURCHASE OF MATERIALS TO SERVE SPANISH SPEAKING IMMIGRANTS, APPROPRIATING FUNDS AND AMFANIDING THE FISCAL YEAR 1991-92 BUDGET - The State of California has approved the Chula Vista Public Library's application for grant funds in the amount of $8,000; $4,000 each for the Civic Center Library and the Castle Park Library. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 15708 10. RESOLLrHON 16394 DIRECHNGTHEFORMATIONOFANUNDERGROUNDUTILITYDISTRICT ALONG 'F' STREET FROM THIRD AVENUE TO SECOND AVENUE AND APPROVING A CHANGE ORDER TO Minutes November 5, 1991 Page 4 THE NORMAN PARK CENTER RENOVATION PROJECT FOR CONSTRUCTION OF A BUS TURNOUT/DROP- OFF ZONE - In December 1989, Council directed staff to proceed with a re-design for the renovation of Norman Park Center. The approved re-design plans also involved the construction of a bus turnout/drop-off zone along "F" Street in front of the Center. The constraction of the turnout and any necessary undergrounding requirements has not been accomplished. However, staff is now bringing forward the issues. Staff recommends approval of the resolution and direct staff to come back with a CIP proposal for the construction of a bus turnout/drop-off zone and necessary street improvements. (Director of Parks and Recreation) Pulled from the Consent Calendar. 15709 Councilman Malcolm stated he thought that Council had already taken action on this item and that it was included in the plans. He disagreed with staffs reasoning that just because there were alternatives for Council to consider that the item should not be placed on the Consent Calendar. He believed the staffs recommendation regarding this item was proper that it could have been left on the Consent Calendar. MS OVIalcolm/Nader) to accept stuff recommendation which would construct a full turn-out/drop-off zone and two benches in the mount of $16,242. Councilman Rindone expressed his concerns regarding the impacts upon the senior citizens. He had looked for an analysis in the report regarding the demand for a bus turnout and had not seen it included. He was uncomfortable with voting on the item without that information. Jess Valenzuela, Director of Parks and Recreation, stated that it had been Council's direction in 1989 to include a bus turnout/drop-off zone. Councilman Moore felt the new building would: 1) generate routine traffic from tour busses; 2) drop-offs would increase due to the lack of parking in the area; and 3) referrals to agencies in the upper deck would also increase traffic. He also felt that CounciI needed to make sure that the decent thing was done. VOTE ON MOTION: approved unanimously. Mayor Nader informed Council that a Speaker Slip had been turned in late for this item and questioned whether there was a desire by CounciI to hear the speaker. He informed the speaker that Council action was to approve the staff recommendation. 11. RESOLUTION 16395 APPROVING REQL1EST TO WAIVE THE NEW PARK ACQUISITION AND DEVELOPMENT (PAD) FEES FOR PROGRESS CONSTRUCTION COMPANY, INC, AT 1424 THIRD AVENUE - Progress Construction Co., Inc. believes they were not properly notified of an impending fee increase, and had they so been notified, would have paid the required PAD fees in advance of the increase date in June. Staff recommends approval of the resolution. (Director of Parks and Recreation) Pulled from the Consent Calendar. 15710 Councilwoman Grasser Horton abstained from voting due to a conflict of interest, the applicant is a client. Councilman Malcolm stated he would like to discuss this item along with the item under his comments at the same time. He expressed concern over the fees being charged to the property owners west of 1-805 as these people had been paying taxes and that burdening these people with a park acquisition fee was inappropriate. He did nor have a problem with new development paying for new parks but it was unfair to require the established areas to carry the burden for new development. He was not in favor of the waiver but for bringing all fees in line as he felt they were all to high. Council had turned down a similar request in the past and he felt Council should be consistent in their decisions. Minutes November 5, 1991 Page 5 Councilman Rindone stated the City needed to address the discrepancy in park area, i.e. the west in comparison to the east (8 to 1 sq. miles). The Council should be taking some of the fees and income generated in the eastern area and develop the western area. The issue of proper noticing to applicants was another separate issue. Rick Sayre, 5047 E1 Cajon Boulevard, San Diego, CA, representing Progress Construction Company, spoke in support of the staff recommendation. He stated they were unaware of the fee increase but felt it was now a matter of economics. They have built half the project and expended two-thirds of the money. He then reviewed the public improvements that had already been installed and stated that they still had to put in improvements on Third Avenue. He requested that the Council waive the fees. RESOLUTION 16395 OFFERED BY MAYOR NADER, reading of the text was waived. Mayor Nader stated it was his understanding that Progress Construction was one of two companies that had not been properly notified of the public hearing regarding the fee increase. He was reluctant to grant the waiver but felt is was fair due to the lack of notification. City Manager Goss responded that staff had been informed by the City Attorney that any increase in fees by the City would require a public hearing. Discussion then ensued regarding the payment of PAD fees by condominiums versus apartments. Mayor Nader felt that it would be appropriate to have staff return with an information item regarding the charging of PAD fees for apartment projects. Councilman Rindone felt Councilman Malcolm's concerns were valid. A fee structure was set by the City and the developer would have to decide what type of project he would build based upon that structure. VOTE ON MOTION: fa~ed 2-2-0-1 with Councilmen Malcolm and Rindone voting no and Councilwoman Grasser Horton abstaining. Councilman Malcolm stated there were other cities that collected park fees for apartments and was shocked that he did not know that the City of Chula Vista did not charge apartments park fees. He stated that if the Council was going to be dependent upon the west side to pay for their own parks, it will never happen. As far as he was concerned, the transfer of monies from the east side to the west side was not a problem for him. MS (Maicolm/Rindone) 1) report from both the City Attorney's Office and staff on being able to collect appropriate fees from all houses, all development, in the City of Chula Vista, 2) review of what the proper fees should be on the western end of town. Councilman Moore stated he had mixed emotions where development on the City would be taxed differently than the other side. He did not see the funds going from the east to the west and vice a verse unless something drastic was done. It was one thing to say there was a shortage of facilities on the east, i.e. no pool, gym, youth center, etc. but until someone comes back with the referral that counts all the facilities as recreation he didn't believe the issue could be addressed. He was fed up with the perception of a shortage of facilities in the Montgomery area, the Montgomery area as far as he was concerned was southwest Chula Vista. He expressed concern over getting hung-up over semantics of east versus west, old versus new, and felt Council should just make sure that it was fair. Minutes November 5, 1991 Page 6 Councilman Rindone felt that if this was not done, the Council would be perpetuating the perception of the west side versus the east side. This issue has been identified as a major one and needed to be addressed and acknowledged that there is a wide discrepancy regarding parks. City Manager Goss responded that there was a staff referral which included a development impact type fee for parks that would be applied city wide. VOTE ON MOTION: approved 4-0-0-1 with Councilwoman Grasser Horton abstaining. 12. RESOLUTION 16396 AUTHORIZINGTEMPORARYCLOSUREOFTHIRDAVENUEONDECEMBER 1, 1991 FOR THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT THE ANNUAL STARLIGHT YULE PARADE; AND WAIVER OF FEES THEREFOR - The Chula Vista Downtown Business Association is requesting permission to conduct the annual Starlight Yule Parade on Third Avenue on December 1, 1991. Staff recommends approval of the resolution subject to staff conditions. (Director of Parks and Recreation) 15711 13. RESOLUTION 16397 APPROPRIATING $1,000 TO DEFRAY THE COST OF AN ARTS CONSULTANT - The Cultural Arts Commission is requesting funds for a professional consultant to assist them in establishing a cultural arts plan. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. 15712 14. RESOLLrFION 16398 INrl~NTION TO VACATE A PORTION OF NORTH FIF'H~ AVENUE AND SETtING THE DATE OF THE PUBLIC HEARING THEREFOR - Dixieline Lumber Company, owner of the property at 40 North Fourth Avenue, has requested that a portion of North Fifth Avenue be vacated by the City. Dixieline claims that realignment of the street will reduce the impact on the developable area of its properties. By vacating the subject portion and dedicating new right-of-way, the properties in the area will be better sewed. In accordance with Section 8320 of the California Streets and Highways Code, the Council may initiate the vacation proceeding by adopting a resolution of intention and setting November 12, 1991 at 6:00 p.m. as the date and time for the associated public hearing. Staff recommends approval of the resolution, direct staff to return with the appropriate resolution at the public hearing, and direct the City Clerk to set the public hearing. (Director of Public Works) 15713 Councilman Malcolm abstained from voting due to a possible conflict of interest. 15. RESOLUTION 16399 RELEASING BONITA LONG CANYON FROM THE REQUIREMF2NT TO IMPROVE THE INTERSECTION OF BONITA ROAD AND CENTRAL AVENUE AS IDENTIFIED ON THE INrI~RIM FINANCING AGENT DATED OCTOBER 27, 1987 AND AUTHORIZING THE RELEASE OF A BOND GUARANTEE ON SAID IMPROVEMS - In 1987, Bonita Long Canyon Partnership entered into an Interim Financing Agreement with the City. The Agreement, which was the forerunner of the Chula Vista Development Impact Fee, required among other things, the improvement of the intersection of Bonita Road and Central Avenue. As a result of the changed traffic patterns and other material facts, the developer has requested to be released from that obligation. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. 15714 Councilman Malcolm questioned the reimbursement of the DIF. He felt that because this was a McMilin commitment to do this and now the county is going to be doing improvements there, that portion of the county work that the general taxpayers are going to pay for ought to be reduced by having McMilin pay. Minutes November 5, 1991 Page 7 Why wouldn't the City want the developer to do it rather than burdening the taxpayers in the county and the City. John Lippitt, Director of Public Works, responded that the developer would receive most of their reimbursement on this project. He responded that if McMilin did participate toward the development they would be made whole by the D[F because that is what was included in the agreement, therefore it would not make any difference. Councilman Malcolm stated that Bonita and Central was not a street that development in Chula Vista normally impacts. To make the citizens of Chula Vista reimburse them is wrong, it should not be part of the DIF. He was not in support of waiving developers fees for improvements on major streets. Mr. Lippitt responded that two segments of Bonita Road were included in the DIF and would be impacted by new development. RESOLUTION 16399 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. Mayor Nader stated that staff had indicated that the benefits of completing the original commitment would be marginal and questioned if that meant that the benefits would be non-existent. Mr. Lippitt responded that if the City required them to do the improvements now and then the County came in and changed the alignment of the intersection, it would be marginal as they would have to tear it out. He stated that the county was working with the people in the area but not with City staff. He was unsure of what they were doing or how it would be funded. Staff could look into that further and come back to Council before a vote is taken. There is a problem however in the bond is coming up for renewal. Ed Elliott, representing Bonita Long Canyon Partnership, responded that the bond premium was past due on October 20, 1991 and that his request had been submitted in 1990 not 1991. He then gave a history of the agreement which was adopted before the DIF was established. VOTE ON MOTION: approved unanimously. 16. RESOLUTION 16400 ACCEPTING CONTRACT WOK PHASE NINETEEN THROUGH TWENTY- TWO STREET IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY AND APPROPRIATING FUNDS FROM THE UNAPPROPRIATED GAS TAX FUND BALANCE - On 2/19/91, Council by Resolution No. 16071, awarded a contract in the amount of $207,000 (including contingencies) for the Phase X1X through XXII street improvements at various locations to Caves Construction. The work is now completed. Staff recommends approval of the resolution and appropriating $44,000 from the unappropriated Gas Tax Fund balance to cover staff expenses incurred to construct the project. (Director of Public Works) 4/Sth's vote required. 15715 * * * END OF CONSENT CALENDAR * * * PUBLIC HEARINGS AND RELATED RESOLLrI'IONS AND ORDINANCES 17. PUBLIC HEARING REVIEW AND POSSIBLE EXPANSION OF EXISTING TRUCK ROLrI'F.$ WITHIN THE CITY OF CHLILAVISTA- There have been several changes to the City's circulation system since the existing truck routes were established in 197S and amended in 1982. Revisions to Chula Vista Municipal Code Sections 10.64.0t0 and 10.64.040 are also needed. Staff recommends Council place ordinance on first Minutes November 5, 1991 Page 8 reading and approve the resolution. (Director of Public Works) Continued from the meeting of 10/22/91. 4/5th's vote required. 15716 This being the time and place as advertised, the public hearing was declared open. Parrick Barajas, 375 J Street, Chula Vista, CA, stated he was in support of the proposal but questioned why "J" Srreet, between 3rd and 4th Avenues, had not been designated as a truck route. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm questioned if staff would address the Lucky Food Market on Third and "J" Street and whether trucks should be prohibited going up "J" Street to 4th Avenue and make them use the truck route either through "H" Street or "L" Street to go down Third Avenue and turn west onto "J" Street. He questioned whether this was a reasonable request and if it would stop trucks from taking shortcuts through residential streets. Frank Rivera, Associate Traffic Engineer, responded that staff would look into Mr. Barajas' concerns. The signage could also be updated to portray that message. Councilman Moore felt there was a gap on what was happening on "F" Street and getting to Third Avenue. He questioned whether it was illegal for trucks to use 3rd or 4th Avenue. Clifford Swanson, City Engineer, stated that staff had looked primarily at the eastern areas and what the County had in the Montgomer? area. This was an oversight as the older truck routes were already established. Mr. Rivera stated access to Third Avenue would be through "E" or "H" Streets. If trucks were delivering goods to a business on those streets it would not be illegal but if they were using it as a through truck route it would be illegal. ORDINANCE 2482 PLACED ON FIRST READING AND RESOLUTION 16401 OFFERED BY COUNCILMAN MALCOLM, reading of the texts was waived, passed and approved unanimously. A. ORDINANCE 2482 AMENDING SECTIONS 10.64.010 AND 10.64.O40 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THROUGH TRUCK ROLrFES (first reading) B. RESOLUTION 16401 APPROPRIATING $1,000 FROM THE GENERAL FUND FOR TRUCK ROUTE SIGNS 18. PUBLIC HEARING PCA-91-06: FOR THE PURPOSE OF CONSIDERING AN AMENDMFIqT TO THE MUNICIPAL CODE TO DRI.I~TE CERTAIN PROCEDURAL REQUIREMFlqTS FOR CHURCHES THAT SERVE AS TEMPORARY SHELTERS FOR THE HOMELESS - CITY INITIATED - The Interfaith Shelter Network has requested that the City consider streamlining certain local procedural requirements which now apply to churches that wish to participate in the program. The proposed amendment would allow churches to provide shelter for the homeless for two weeks per year without the necessity to secure a zoning permit or to notice surrounding residents each year prior to providing the shelter services. Staff recommends Council place ordinance on first reading. (Director of Planning) 15717 Minutes November 5, 1991 Page 9 Councilman Rindone referred to the Planning Commission minutes which stated the reason for opposition was because there had not been any complaints and why change it. He requested staffs response to those comments. Robert Leiter, Director of Planning, responded that the system does work but that it takes a lot of time for staff and the applicant to administer. By streamlining, it is anticipated that it would save time for both the staff and applicants. This being the time and place as advertised, the public hearing was declared open. Mary Niez, 3435 Camino del Rio South, #108, San Diego, CA 92128, representing Interfaith Shelter Network, spoke in support of the staff recommendation and thanked the Planning Staff for responding to their concerns and streamlining the program. This years schedule has already been submitted to the Planning Department with a request for an additional two weeks from Chula Vista Presbyterian Church. Councilman Malcolm felt the Resource Conservation Commission recommendation against the proposal should be closely scrutinized. A neighborhood had the right to notice if a church in their area was opening up a shelter. He also expressed concern over the removal of the screening for drug abusers and offenders of violent crimes and felonies. The churches should be required to provide one time notice (new churches) and inform the City how they will provide twenty-four hour supervision. He did not feel the one time notification was an excessive or abnormal requirement. Mayor Nader referred to paragraphs two and three of the proposed ordinance and stated that the screening requirements had been left in tact. Councilman Malcolm referred to page 18-7, Exhibit A, paragraph 3, in which the proposal to include the prescreening agency and criteria have been stricken. Mr. Leiter responded that the section in the ordinance which required the pre-screening remained the same. A draft ordinance had been presented to the Planning Commission, which had been revised at their meeting. It would appear that there is an inconsistency between what the Planning Commission recommended and the exhibit. He recommended that the ordinance be tabled for one week so that staff could bring back an ordinance that clearly reflected the recommendations from the Planning Commission. MS (Malcolm/Nader) to continue Ordinance 2485 for one week, to the meeting of November 12, 1991. Ms. Niez informed Council that a one week delay would not impact their program. They did have a problem with anything that would discourage any church from doing their calling regarding outreach. She had philosophical concerns, but if they had to they would comply with the standards set by Council but were concerned over further regulatory measures. Councilman Rindone felt there should be a balance of rights and that the Council had an obligation to maintain that balance. He recommended that Councilman Malcolm's recommendation be modified to include not only new churches but churches returning to the program after a two or three year absence and therefore be considered as a "new" church. Mayor Nader stated he may not be at the meeting next week but he had been a strong supporter of the screening process. He also held the position that the church had received prior approval to operate in the neighborhood and this type of activity was considered outreach. Due to the compromise and the screening process he felt comfortable with the issue coming back in his absence. Minutes November 5, 1991 Page i0 VOTE ON MOTION: approved unanimously. ORDINANCE 2485 AMENDING SECTION 19.58.110 OF THE MUNICIPAL CODE TO DF.I.RTE CERTAIN PROCEDDRAL REQUIREMENTS FOR CHURCHES THAT PROVIDE TEMPORARY SHELTER FOR THE HOMRI.~SS (first readin~ 19. PUBLIC HEARING PCM-92-08: CITY INITIATED PROPOSAL TO AMEND THE GROWTH MANAGEMENT IMPKEMENTATION ORDINANCE (NUMBER 2448); THE GROWTH MANAGEMENT PROGRAM; AND THE THRESHOLD STANDARD POLICY - These amendments would change the Traffic Threshold Standard from the Intersection Capacity Utilization method to the 1985 Highway Capacity Manual method; and change the focus of the Economic Threshold Standard to fiscal matters, including an annual review of the development impact fee programs. Staff recommends that Council: 1) find that the proposed amendments are categorically exempt from environmental review under Class 5 of CEQA Guidelines; 2) place the ordinance on first reading; and 3) approve the resolutions. (Director of Planning) 15718 A. ORDINANCE 2486 AMENDING SECTION 19.09.040 OF THE MUNICIPAL CODE BY CHANGING THE TRAFFIC THRESHOLD STANDARDS TO THE 1985 HIGHWAY CAPACITY MANUAL (HCM) METHOD AND DELETING ECONOMICS FOR THE ECONOMICS THRESHOLD STANDARD (first readinR) B. RESOLUTION 16402 AMENDING SECTIONS 3.12 AND 3.2 OF THE C1TY'S GROWTH MANAGEMENT PROGRAM 15719 C. RESOLUTION 16403 AMENDING THE TRAFFIC THRESHOLD STANDARD AND THE ECONOMIC THRESHOLD STANDARD OF THE CITYS THRESHOLD STANDARDS POLICY Hal P~osenberg, Traffic Engineer, outlined the differences between the Intersection Capacity Utilization and the proposed 1985 Highway Capacity Manual method. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared open. Mayor Nader stated he supported the change in the Traffic Threshold Standard but could not support the removal of the Economic Threshold. Council had just taken action to request staff and SANDAG to include an economics component in all of their recommendations and felt that it should be recognized that land use decisions and growth management had economic impacts beyond the fiscal health of the City. He did not feel that any Commission could review anything without consideration of economic impacts. He requested that a separate vote be taken on the ordinance and resolutions. Councilman Moore stated he had a deep regard for the Growth Management Oversight Commission and felt that for them to become deeply involved in the economics of the City was not their charge and would weaken their primar7 tasks. Mayor Nader stated it was not his intent nor the intent of the Economics Threshold that the overall economy of the City be in the purview of the GMOC, but the economic impacts of land use or growth management decisions, beyond those of the City budget, should be considered. He would vote no on the motion due to the Economics Threshold even though he was in full support of the Traffic Threshold. Minutes November 5, 1991 Page 11 ORDINANCE 2486 PLACED ON FIRST READING, RESOLUTIONS 16402 AND 16403 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-1 with Mayor Nader voting no. 20. PUBLIC HEARING FOR THE PURPOSE OF DELIBERATING AND DISCUSSING THE SCHEDULRr~ INCREASE IN BUSINESS LICENSE TAXES TO BE EFFEt;i1VE JANUARY 1, 1992 - In October 1990, Council approved a business license tax rate increase to be phased in over a three year period and also provided for annual public hearings. This public hearing is for the purpose of discussing and reviewing the second year scheduled increase. Staff recommends that Council conduct the public hearing and provide for implementation of second year business license tax rate increase. (Director of Finance) 15720 City Manager Goss stated that Council had approved a business license tax increase last year which would be phased in over a three year period. Due to the concern of the economy, staff had recommended that there be no change in the Transient Occupancy Tax and had produced several options regarding the Business License Tax for Council review. Councilwoman Grasser Horton stated the report indicated an increase of 8.2% of revenues and thirty-six new businesses. She questioned whether any of the new businesses were major retailers. Lyman Christopher, Director of Finance, responded that staff had reviewed the total numbers and had not researched individual businesses. This being the time and place advertised, the public hearing was declared open. Michael Steiner, 538 Berland Way, Chula Vista, CA, representing the Chula Vista Downtown Business Association, stated that last year when this item was considered he had represented 265 businesses (small to medium in size) in opposition to the increase. He was again representing those businesses and they continued to be opposed to the increase. He would recommend that the floor remain at the 1991 rates. He noted that due to the economy many of the businesses on Third Avenue were experiencing difficulties with and some businesses experiencing as much as a 40% decrease in revenues. There being no further public testimony, the public hearing was declared closed. City Manager Goss informed Council that a letter had been received from the Chamber of Commerce requesting that Council defer any increase for one year. Councilman Rindone stated that balance was needed, i.e. increase in services required raised revenues and that everyone needed to adjust. The businesses are critical to the City, but over a twelve year period there had been a zero increase in the Business License Tax. Action taken last year was an effort to catch up over a three year period. With the downturn of the economy he felt the three year phase in could be extended to four years which would help the businesses and still meet the goals as set by Council. Councilman Malcolm stated he could support the total waiver of increase but if approved, the budget hearings should be reopened in order to make cuts in government spending to balance the deficit. He felt other uses being taxed should be reviewed, i.e. billboards, cardrooms, rock concerts, etc. rather than "sticking" the local businesses. He felt this was a different set of priorities than he had. MS (Nader/Grasser Hotton) to defer the 1991-92 Business License Tax increase for one year. Minutes November 5, 1991 Page 12 Mayor Nader stated that if the economy was better Council would be justified in increasing the tax but at this time the City should be encouraging businesses at this time. Councilman Malcolm stated he would support the motion if it was promised that staff would work and bring forth to Council proposed cuts in the budget to balance the deficit. Mayor Nader stated he could accept that if credit was given for turning over the operation of the Youth Center to the Boy's and Gi~'s Club. SUBSTITUTE MOTION: OVlalcolm/Nader) 1) to continue the public hearing for two weeks, and 2) direct staff to bring back a revised schedule that will look at raising some of the uses while trying to come up with a balance within the schedule (keeping in mind that it is the Council's wishes that the taxes be reduced as close as possible to the current levels). Councilman Moore questioned whether there would be a $146,000 shortfall in the budget if the Business License Tax was not increased. He felt the proposed action by Council was appropriate and that the options brought back for review should be varied regarding potential cuts. City Manager Goss responded that the budget, in terms of being balanced, was out of balance by approximately $60,000 of revenues over expenditures, therefore there was a plus figure for this fiscal year. Councilman Kindone stated he would like to see the net reduction due to the Business License Tax be offset by increases in other areas as mentioned and/or other budget reductions so this would be zeroed out to be reflective of the downturn of the economy. Mayor Nader stated that the intent of the motion was partially counterbalanced with increases in other categories with staff coming back with a report that would indicate appropriate budget cuts or at least with staff recommendations. City Manager Goss stated it would not be actually reducing the rates but raising selected rates and addressing possible budget cuts. VOTE ON SUBSTITUTE MOTION: approved unanimously. 21. PUBKIC HEARING FOR THE PURPOSE OF CONSIDERING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX - In October 1990, Council adopted Ordinance No. 2407 increasing the Transient Occupancy Tax (TOT) to a maximum rate of 10% and providing for annual abatement hearings at which time the tax could be lowered. Staff recommends approval of the resolution. (Director of Finance) 15721 Lyman Christopher, Director of Finance, informed Council that all local hotels and motels had been notified of the public hearing and only one response had been received which was in support of staff recommendation. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTION 16404 OIq~'ERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved unanimously. Minutes November 5, 1991 Page 13 Councilman Rindone stated he supported the motion but felt this was one of the taxes that could be imposed with minimal impact upon the residents of the City. Councilwoman Grasser Horton noted that it would cause a hardship on the hotels and motels in being competitive with others in the County. RESOLIIfiON 16404 APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CAT.RNDAR YFAR 1992 ORAL COMMUNICATIONS Don Swanson, 187 Murray Street, Chula Vista, CA, representing the Downtown Business Association, informed Council that the County Board of Supervisors had unanimously voted to support the Otay Mesa site for the University of California campus. He then updated the Council on the selection process for the Town Manager. Forty applications were received and it is anticipated that review will be completed by next week with ~nalists submitted to the DBA by December 1st. The Honorary Grand Marshall for the Starlight Yule Parade will be Ex-Chief of Police Bill Winters and the Grand Marshall will be Mother Goose from E1 Cajon. ACTION ITEMS 22. REPORT POLICE INITIATED VEHICLE TOWS; REVIEW OF APPROPRIATE NUMBER OF TOW COMPANIES TO RETAIN UNDER CONTRACT AT CONCLUSION OF EXISTING THREE YEAR AGREEMENTS - The latest tow agreements were executed in October 1989. On 9/18/90, Council approved two staff recommendations: 1) that no additional tow companies be added to the list at that time; and 2) that the issue be reviewed again prior to expiration of the current operating agreements. This item is intended to provide Council with that review. Staff recommends that upon expiration of the current operating agreements, Council continue to retain five (5) tow companies. (Chief of Police) 15722 Ed Wood, 140 Reed Court, Chula Vista, CA, representing Glenview Towing, spoke in support of the staff recommendation. He stated that the businesses were having a difficult time with their revenues down 40% and he did not feel they could afford the additional competition. Bo Lemler, 3487 Main Street, Chula Vista, CA, representing Paxton Towing, spoke in support of the staff recommendations. He noted that all their expenses were rising with their revenues down 42% and it would be a hardship if other companies were added. Brad Ramsey, 1421 California Street, Imperial Beach, CA, representing A to Z Towing, spoke in support of the staff recommendation. He suggested that staff and the Police Department look at lowering the number of companies in the future. Clay Platt, 449 D Street, Chula Vista, CA, representing Platt's Towing, spoke in opposition to the staff recommendation. He stated that he was not one of the five current tow companies and felt that the system should be set so that if one company felt they could service the entire city, they should be able to submit a proposal indicating this. The setting of any number was unacceptable. He questioned whether the tow contracts would come under the California Public Contract Law. Ruth Fritsch, Assistant City Attorney, responded that she would have to research this and return to Council. Minutes November 5, 1991 Page 14 Mayor Nader informed Mr. Platt that the action taken by Council tonight would not in any way extend the current contracts of the five tow companies. Action would only set the number of companies at five. Upon expiration of the contracts next year it will be opened for competitive bid. Keith Hawkins, Acting Police Chief, responded that staff was recommending five companies at this time and that it would be opened for competitive bids next year. The current contracts are for three years with one year left on the contracts. There was also a waiting list of current contractors that would also be contacted. The RFP had been published in the past along with individual letters being mailed. Councilwoman Grasser Horton questioned what the RFP process would be at that time. City Manager Goss responded that the RFP process would be based on the Ordinance of the City and sent to all contractors in the City that could provide service. Mr. Plait felt the Council was picking a "magic" number and that it was to the City's disadvantage to do this. He would be against any specific number being set. Duane Pudgil, 378 San Miguel Drive, Chula Vista, CA, representing South Bay Towing, spoke in support of the staff recommendation. He stated the current system had worked for him since 1965 and felt they could continue to operate with four competitors. MSUC OMalcolm/Grasser Horton) to approve the staff recommendation to continue to retain five (5) tow companies. Mayor Nader requested that staff notify all interested parties upon the expiration of the contracts and the new RFP process next year. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS ptnJ.F.D FROM THE CONSENT CALENDAR Items pulled: 6, 10, 11, and 15. The minutes will reflect the published agenda order. OTHER BUSINESS 23. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. No report given. b. Updated Council on the recruitment for a Police Chief. Fifty-five applications were received and due to the large number of qualified candidates the original screening process has been modified. Seventeen applicants will be interviewed with the final applicants going on to the assessment center. None of the seventeen finalisis are from out-of-state. Minutes November 5, 1991 Page 15 c. Informed Council that Chuck Cole, Advocation, Inc., Consultant in Sacramento, would be here November 13-14 and would be available to meet with Councilmembers. He will be meeting with the Department Heads during one of their regular meetings. Councilman Moore requested that the Council be invited to the Department Head meeting. d. Introduced Dan Beintema the new Senior Management Assistant replacing Iracema Quilantan in the legislative program. 24. MAYOR'S REPORT(S): a. City participation in the SANDAG Conflict Resolution Procedure. The north counties have requested that the south counties participate in the SANDAG Conflict Resolution procedure. He felt the procedure was ,ambiguous but recommended that Council not decline to participate but appoint a delegation to protect the roterests of the City. 15723 MSUC (Nader/Grasser Hotton) to appoint a delegation of Councilman Moore, City Manager Goss or his designee, County Supen, isor Brian Bflbrey, and Councilman Malcolm to sit down and talk with the north county cities and discuss participation in the SANDAG Conflict Resolution procedure. City Manager Goss stated that due to events happening, perhaps the SANDAG Dispute Resolution should be withdrawn. Mayor Nader responded that this action tonight should not be used as an excuse for delay but on the contrary, it should be used as a product for action. b. Ratification of appointments and reappointments to Boards/Commissions/Committees MSUC (Nader/Rindone) to ratify reappointment of Katy Wright and appointment of William M. Canedo and Tonnette S. Joynes to the Child Care Comxnission. 1572A Mayor Nader stated he had completed interviews for the Growth Management Commission and would bring forth the eight recommendations as soon as possible. Councilman Moore stated it was his understanding that the full Council would be involved in the selection process for the GMOC. He recommended that the eight recommendations be given to Council for review before being placed on the agenda for ratification. He felt that a Commission of that importance should be interviewed and selected by the full Council. Mayor Nader stated he was open to any suggestions by Council and unless directed otherwise, he would proceed with bringing forward the names for ratification. Councilman Rindone questioned when the recommendations for the Mobilehome Rent Review Commission would come to Council. Mayor Nader stated he would have the Mayor/Council secretary pole the members for nominations. After being informed by several Councilmembers that they had already submitted their nominations, Mayor Nader stated he would obtain that information and return with appointments as soon as possible. Minutes November 5, 1991 Page 16 c. Authorization for trip to Ciudad Victoria to attend the Bridges and Border Crossings Conference, November 13-14. This is a semi-annual conference which will be attended by federal officials from the U.S. and Mexican governments. He had been invited by the Transportation Ministry to speak on the proposed airport issue. 15725 MS (Nader/Grasser Hotcon) to authorize the Mayor and one staff member to attend the Bridges end Border Crossing Conference, November 13-14, at Ciudad Victoria, and appropriate $1,300 from the Contingency Fund. Councilman Malcolm questioned the cost of the tickets and why a staff member would also be attending. Shauna Stokes, Senior Management Assistant, responded that the tickets were $478/per person to Texas and there the Mayor would rent a car and drive to Ciudad Victoria. Mayor Nader stated that a staff person would accompany him as an interpreter. It was his intent to leave Tuesday and return Wednesday. City Manager Goss responded that the staff person works in the Library and was born in Mexico and therefore fluent in Spanish. Councilman Moore questioned whether the money was currently in the budget and if there could be a shuffle of funds, i.e. not attend some other meeting scheduled. VOTE ON MOTION: approved unenimously. d. Informed Council that because the Port had taken action on the Bayfront Property, the City Attorney had advised him that the item listed under Closed Session could now be discussed during the open meeting. The Port had directed staff to enter into discussion with Chula Vista Investors, the City of Chula Vista and any investment parties for potential Port acquisition of Chula Vista Investors' holdings in Chula Vista and Mr. Barkett's holdings in National City. They also authorized an appraisal if staff deems appropriate. Chula Vista has a sub-committee, which he has been chairing, for the purpose of developing a recommendation to Council on appropriate Bayfront planning. He felt it would be appropriate, in light of the Pon's action, to begin actively including the Port in the actions of the sub-committee. 15726 MS (Rindone/Nader) to include Porl: staff or their designated representative (one or two members) in the City Counc~ sub-committee on the Bayfront. Councilman Malcolm stated that other potential buyers were not included on the sub-committee and the Council will be the ones to make the determination as to what will or will not be developed. January has been set to bring this back to Council and he expressed concern that by adding another governmental agency could possibly create more problems. He felt the Council and sub-committee were on the right course at this time. Mayor Nader felt it would be appropriate and that the Port had taken the right direction. He failed to see any harm in including the Port in the process at this time and that the sub-committee would meet the January commitment. Councilman Moore questioned whether this would be another voting member and whether it was anticipated that the member be a Port Authority Member or a staff person. Councilman Rindone stated it was his understanding that the Port would be an ex-officio member. Minutes November 5, 1991 Page 17 Mayor Nader responded that he would like to have the Port seated on the same basis as the other members, other than the Council, ex-officio would be fine. He anticipated that the member appointed would be a staff member. Councilman Moore expressed concern over what authority Chula Vista has over non-tidelands owned by the Port and others and requested a opinion and copy of the reference. Mayor Nader stated it was his understanding after taking to the Port and others, that the City would continue to have essentially the same land-use authority as now, i.e. develop the LCP and pass it on to the Coastal Commission. Councilman Rindone felt it would enhance the discussion and the sub-committee by obtaining the facts as to what may or may not be an appropriate role, may or may not be a legal role, and may be able to address how to reduce the density due to the participation of a partnership. He did not feel this would delay the timetable. VOTE ON MOTION: approved 4-1 with Cotmcilman Malcolm voting no. e. Informed Council that the Board of Supervisors unanimously approved the Cirys resolution conceptually supporting the Otay Lakes/Westy Road site for the University of California campus subject to environmental review. He felt this sent the right message to the University and the community that this was a project supported by the City and the County Board of Supervisors. He thanked the Supervisors for their support. 25. COUNCIL COMMENTS Councilman Malcolm: City Fees - Developmental. Discussed under Item 11. Councilman Rindone: Impact and potential effects of MTDB "Little ltaly/Harborview" extension of the LRT. MTDB has submitted a request for funding to the Port CIP Board for the additional funding necessary for the undergrounding of the trolley. City Manager Goss stated the Cirys position was that the $16 million being requested for undergrounding should not be included in the Port CIP to compete against other requests for the various five cities. The City of San Diego took the posture that they were not requesting the $16 million for undergrounding that would come out of their share of any Port CIP money. It was their position that they wanted it at grade, even though that at various locations along the trolley line the intersections would be closed forty out of every sixty minutes. Therefore, it was a desire of MTDB to put it overhead. Councilman Rindone stated there would be no impact upon the City of Chula Vista if this is not funded from the Port CIP money. Councilman Malcolm responded that he was personally opposed to the raiding of the Port funds, i.e. sharing with the cities, until the bay is cleaned-up. He did not like the fact that MTDB would send a letter requesting funding from the Port CIP funds. Councilman Rindone stated that he had anticipated the Council's reactions and felt the City had been well represented regarding their numerous concerns. Minutes November 5, 1991 Page 18 Councilman Moore felt Port funds should be spent on Port lands. City Manager Goss stated that the Port CIP Committee had reviewed the projects and a list should be circulated to the cities for review in the near future. One goal set by the cities is to have the Port set a more forward looking plan, i.e. five year plan and whether an abundance of funds are being expended in the City of San Diego. Councilman Malcolm stated that if MTDB and the Port wanted a project, a trolley line to the airport would be an excellent one. ADJOURNMF24T The City Council met in a closed session at 8:23 p.m. to discuss: Potential acquisition of Bayfront property (103 acres), Chula Vista Investors - pursuant to Government Code Section 54956.8 - Discussed under Mayors Comments upon advise of City Attorney. Pending litigation pursuant to Government Code Section 54956.9 - Gomez vs. City of Chula Vista, et al. Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. ADJOURNMENT AT 8:30 P.M. to the Regular City Council Meeting on Tuesday, November 12, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy~ Clerk .)