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HomeMy WebLinkAboutcc min 1992/04/28 MINLrFES OF A REGULAR MEETING OF THE CITY OF CHLFhA VISTA Tuesday, April 28, 1992 Council Chambers 6:06 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Grasser Horton, Malcolm (left the meeting at 6:55 p.m.), Moore, Rindone (arrived at 6:15 p.m.), and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF .~I J.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF M/NUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Kinley Dumas, Jennifer Hodgson, Brian Hammond, and Wes Garland, representing Chula Vista High School New Renaissance thanked the Council for their support in sending the group to the Polynesian Classic in Hawaii. They received first place in the Madrigal category and the Jazz category. b. Proclaim~ng Tuesday, April 28, 1992 as *NATIONAL YOUTH SERVICE DAY* - The proclamation declaring Tuesday, April 28, 1992 as "NATIONAL YOUTH SERVICE DAY" was presented by Mayor Pro Tempore Malcolm to Deric Prescott, Chair of the Youth Commission, and Ty Meservy, Youth Commissioner. c. Proclalming the week of May 3-9,1992 as 'CULTURAL ARTg WEFJC' - The proclamation declaring the week of May 3-9, 1992 as 'CULTURAL ARTS WEEK' was presented by Mayor Pro Tempore Malcolm to Ms. Dency Souval, Chair of Chula Vista's Cultural Arts Commission. Brad VanDam presented Council with tickets to the Festival. CONSENT CALENDAR (Items pulled: 12) Mayor Nader stated there was an amended recommendation for 5c and it would be included in the Consent Calendar. BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, reading of the tex~ was waived, passed and approved unanimously with Councilman Rindone abstaining on Item lO. 5. W'RI'I'I'FAsI COMMUNICATIONS: a. Letter of resignation f~om Resource Conservation Commission - Jackie McQuade, 339 East *J* St., Chula Vista, CA 91910. It is recommended that Ms. McQuade's resignation from the Resource Conservation Commission be accepted with regret and that a letter of appreciation be sent. b. Letter requesting consideration for the formation of a History ComrnL~sion to spearhead the work on a local history museum - Dr. Ronald Willjams, Chairman, Library Board of Trustees, Chula Vista Public Minutes April 28, 1992 Page 2 Library, 365 "F" St., Chula Vista, CA 91910. It is recommended that the letter from the Library Board be referred to staff to address in conjunction with the report on the use of the former Information and Referral Center facility. c. Letter requesting support to invite a high school student to be an e.x-officio, non-voting member of the Library Board of Trustees - Dr. Ronald Willjams, Chairman, Library Board of Trustees, Chula Vista Public Library, 365 "F" St., Chula Vista, CA 91910. No action is required by Council on this item. 6. ORDINANCE 2505 AMENDING SECTION Z14.080(A) OF THE MUNICIPAL CODE TO EXTEND THE DURATION OF THE AUTHORITY OF THE CITY MANAGER TO PROCLAIM A STATE OF LOCAL EMERGENCY UNTIL THE NEXT REGULARLY SCHEDUI.I~r~ COUNCIL MF..ETING (second reading and adoption} - The Municipal Code provides that the City Manager's proclamation of emergency is only good for seven days after proclamation unless ratified by the Council at a meeting conducted by them. The ordinance would extend the City Manager's authority until the next regularly scheduled meeting or a special meeting called by the Council. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) 7. ORDINANCE 2506 TEGHNICALCn.RAN-UPAMENDINGTITLKgl, 2, 3, 5, 6, 9,10,12,13,14, 1S, 17, 18, AND 19 OF THE MUNICIPAL CODE RFL~TING TO FEES AND THE MASTER FEE SCHEDULE (second reading and adoption) - Phase I of a comprehensive update of the Master Fee Schedule to transfer fees from the Municipal Code to .the Fee Schedule and make several principally adminisU'ative end organizational changes in the Municipal Code and Master Fee Schedule. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney and Director of Finance) 8. ORDINANCE2511 AMENDINGTITLE15OFTHECHIRAVlSTAMUNICIPALCODEBYADDING A ~ CHAPTER 15.54 ESTABLISHING PROCEDURES FOR THE ASSESSMENT AND COIJ~.CTION OF BRIDGE AND THOROUGHFARE FEES (first reading) - The proposed ordinance would enable the City to establish a fee district pursuant to Section 66484 of the Map Act and the charter powers of the City. Staff recommends Council place the ordinance on first reading. (City Attorney, Director of Public Works) 9. RESOLUTION 16604 APPROVINGTHEFISCALYEAR (FY) 1992-93 CLAIMSFORTHEFY1992-93 TWO PER CENT NON-MOTORI;~ED TRANSPORTATION DEVELOPMENT ACT CrDA) FUND AND TRANSPORTATION SAI .I~_~; TAX (TRANSNET} FUNDS - The City submits an updated list of projects annually for inclusion in the seven year implementation program 6f the non-motorized element of the Regional Transportation Improvement Program. As required by SANDAG regulations, a tentative set of claims was submitted to SANDAG on 2/28/92, which is subject to Council approval. In order that claims for the projects may be considered for funding by the SANDAG Board of Directors, Council must pass a resolution authorizing submittal of the FY 1992-93 Bicycle Projects Claims for available Transportation Development Act and Transportation Sales Tax Transnet Funds. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 16605 C~I.IJNG A PUBLIC HFARING TO DETERMINE I~nrlETHER PUBLIC NECESSITY, HKALTH, SAFETY OR WELFARE REQUIRES THE FORMATI ON OF AN UNDERGROUND ITIILITY D1S1RICT ALONG FOURTH AVENUE FROM 'E" STREET TO A POINT APPROXIMATFI.Y 100 FEET SOUTH OF STATE HIGHWAY 54 - On 11/12/91, Council approved Resolution Number 16415 accepting a repor~ on the Citys Utility Underground Conversion Program and approving a revised list of Utility Underground Conversion Projects. This is the top priority utility conversion project listed in the Citys adopted program. On 4/8/92, an Underground Utility Advisory Committee (UUAC) meeting was held to consider the proposed Minutes April 28, 1992 Page 3 boundary of an underground utility district for the conversion of existing overhead utilities. The districes limits extend along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54. Staff recommends approval of the resolution. (Director of Public Works) Councilman Rindone abstained from voting due to the proximity of his residence to the project. 11. RESOLUTION 16606 ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POI.F_~ AND OVERHEAD FACIL.-IIF. S WI'[HIN PHASE I OF UNDERGROUND UTILITY DISTRICT NUMBER 119 ALONG MAIN ~-IREET FROM I -5 FREEWAY TO INDUSrRIAL BOULEVARD - On 6/13/89, Council adopted Resolution Number 14128 establishing Underground Utility District Number 119 along Main Street from I-5 Freeway to Industrial Boulevard. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, adopted Resolution Number 14128 states that the Council shall by subsequent resolution fix the date upon which affected property owners must be ready to receive underground service and the date poles, overhead wires and associated structures shall be removed. The conversion of existing, overhead utilities to underground utilities is almost complete. Staff recommends approval of the resolution. (Director of Public Works) 12. REPORT, TRAFFIC CONCERNS AT MAIN POST OFFICE, 750 THIRD AVENUE - Staff received letters from Mr. L. Colman requesting changes to the existing signing and pavement markings on Third Avenue adjacent to the Post Office. Staff recommends acceptance of the report and that no changes be made to the existing traffic control devices and striping on Third Avenue adjacent to the Post Office exit driveway. (Director of Public Works) Pulled from the Consent Calendar. Clifford Swanson, Deputy Director of Public Works/City Engineer, reviewed the report. L. P. Colman, 368 Hilltop, Chula Vista, CA, spoke in opposition to the staff report. He stated it was an ambiguous situation and felt drivers were being penalized with approximately twenty citations being issued each month. He felt the Police Department was lying in wait on private property without permission of the property owner. He then reviewed several items of the staff report that he felt were in conflict with the following California Vehicle Codes: 21651, 21460.5 and 22102. Mayor Nader stated he wanted to check the code sections referred to by Mr. Colman but felt the courts would have advised the City if their understanding of the laws were incorrect. He felt that until he could review those sections or was informed by the City Attorney or Courts that their interpretation was incorrect, the staff recommendation was appropriate. MSC (Nader/Moore) to accept the staff recommendation; bring back the item if there was communlcal~l from the court or legal research that showed that the City should change the policy. Approved 4-O-1 with Councilman Malcolm absent, * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARiNG CONDITIONAL USE PERMIT PCC-Pl-24: APPEAL OF PLANNING COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET AND CAR WASH AT 1498 IVn~LROSE AVENUE - The application, submitted by Texaco Refining and Marketing, Minutes April 28, 1992 Page 4 Inc., requests permission to redevelop the service station at 1498 Melrose Avenue with new facilities, including new dispenser islands and canopy, 1,800 square foot mini-market/cashier building, and a 750 square foot mechanical ear wash, The permit was approved by the Planning Commission on 1/8/92 and has been appealed by Council. Staff recommends l~osmonement. (Director of Planning) Continued from meeting of 3/24/92. Mayor Nader stated that staff had recommended that the public hearing be postponed in order to prepare an ordinance that may affect the outcome of the heating. Dave Mattson, 9966 San Diego Mission Road, San Diego, CA 92108, representing Texaco, stated they were opposed to continuing their request until an ordinance regarding beer and wine sales was drafted. They felt they could provide the necessary information for Council to make a decision. They would appreciate a decision and requested that the public hearing be scheduled in one or two weeks. Robert Leiter, Director of Planning, responded that staff was prepared to proceed but requested spedtic policy direction from Council regarding alcohol sales in a C-N zone. It was felt that after such direction they would be in a better position to make a spedfie recommendation on the case. Councilman Moore stated that concern had been expressed to him by residents in the area regarding the increase in ncaffie due to the mini-mart. Staff should look to see if projects will increase traffic in the area, whether stacking distance is limited, and driveway modifications. Councilman Malcolm felt that if Texaco wanted to proceed with everything except the alcohol sales, Council should proceed and continue the hearing for one or two weeks, Due to the staff recommendation to continue he did not feel that all interested parties had artended the meeting. MSUC (NaderAVlalcolm) to postpone the public hearing to the meeting of May 12, 1992. Mayor Nader stated the neighborhood would be renotified regarding the hearing date. Councilman Malcolm stated he would have to leave the meeting at 6:45 p.m. and that an item had arisen after the publication of the agenda that could not wait until the regular meeting next Tuesday. Therefore he requested that Council declare an emergency to allow them to discuss the item in Closed Session. MSUC (Nader/Malcolm) to find that the subject of negotiations for land acquisition/Auto Park had been brought to the Council's attention by the Subcommittee (Malcolm/Moore) after the preparation of the agenda and could not wait until the next regular meeting, therefore declaring an urgent need to go into dosed session. MSUC (Nader/Malcolm) to go into Closed Session to discuss instruction to negotiators regarding land acquisition/Auto Park pursuant to Government Code Section 54956.8. The City Council recessed at 6:27 p.m. and Council met in Closed Session. Closed Session adjourned at 6:55 p.m. and Council reconvened at 6:58 p.m. Councilman Malcolm left the meeting at 6:55 p.m. Minutes April 28, 1992 Page 5 14. PUBLIC HEARING DRC-92-04: APPEAL OF THE PLANNING COMMISSION DECISION DENYING A FREESTANDING SIGN DESIGN FOR THE BUSINESS ESTABUSHMF. h'T AT 830 BROADWAY - PACIFIC SIGN CONS[KUCTION COMPANY - The Design Review Committee and Planning Commission voted unanimously to deny a freestanding sign design to identify the business establishment located at 830 Broadway. However, both the Design Review Committee and Planning Commission approved a scale down version of the same sign design to ensure proper addition of the proposed freestanding sign with other signs within the immediate commercial neighborhood. Staff recommends approval of the resolution. (Director of Planning) 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. Councilman Moore questioned whether the applicant had been notified of the meeting date and time, Robert Leiter, Director of Planning, responded that it was his understanding that the applicant had been notified but he would check to see if there had been a possible misunderstanding regarding the meeting date. He informed Council that the department was updating all design guidelines which would include the sign guidelines. The purpose of the sign guidelines would be to get more specific examples of the types of signs that are acceptable at certain locations and to indicate that those would normally be approved and that larger signs would require special circumstances for approval. Councilman Moore felt there was a lot of discretion left regarding design features. He questioned whether the Design Review Committee had made modifications regarding the original recommendation. Mr. Leiter responded that the DRC had followed the staff recommendation regarding the item. Staff analyzed the sizes and heights of signs in the surrounding area and based their recommendation on trying to maintain compatibility between the new signs and existing signs in the area. The proposed sign would replace a sign being removed under the sign abatement program. Mayor Nader stated the DRC and staff had specified sign requirements and if the proposed sign came within those regulations it would automatically be approve& Mr. Leiter responded that Mayor Nader was correct. Mayor Nader stated he had concern regarding the sign approval process and was glad to see a set criteria a to what would be approve& If the applicant had been notified and chose not to attend the meeting he felt the staff recommendation was reasonable and therefore would support it. RESOLUTION 16607 OFFERED BY MAYOR NADER, reading of the text was waived, passed and appreved 4-0-1 with Councihnan Malcolm absent. RESOLUTION 16607 DENYING THE APPEAL AND APPROVING THE FR~-F-~:TANDING SIGN HEIGHT AND COPY AREA RECOMMENDED BY THE PLANNING COMMISSION AND DESIGN REVIEW COMI~I IP~. TO IDENTIFY THE BUSINESS ESTABLISHMENT LOCATED AT 830 BROADWAY ORAL COMMUNICATIONS a. Joseph W. Garcia, 484 Sth Avenue, Chula Vista, CA 91910, recommended that the City contact Southwestern Community College in an effort to recruit Spanish students as interpreters for City Minutes April 28, 1992 Page 6 functions/meetings. He also suggested that the City recruit students from the College to participate on boards/commissions/committees in order to indoctrinate them in government. MS (NaderAMoore) refer to staff for a report to Council regarding the utilization of Southwestern Cornrn~ulity College studchin for a translation pool. Councilman Rindone did not feel that an agendized report was necessary and that it could be an informational report. Mayor Nader stated that the type of report could be left up to staff discretion, i.e. agenda or informational. If the report was informational he would like to have his report separate from his information packet. He wanted to know the standards and qualifications being utilized by current interpreters for the City. Councilman Moore did not feel there was a need for highly qualified, expensive interpreters. Staff could solve the problem through other appointments. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. Mayor Nader informed Mr. Garcia that he had already been in touch with the College regarding recruitment of students for boards/commissions/committees. ACTION ITEMS 15. RESOLUTION 16608 APPROVINGRESIDENT/NON-RESIDENTGRRRNFEES(MF.A)ULEFORTHE CHULAVISTA MUNICIPAL GOLF COURSE - At the meeting of 3/19/91, Council approved the current green fee schedule for the Chula Vista Municipal Golf Course. Council directed staff and American Golf to develop and present to Council a proposal for a resident discount rate before any future increase is considered. Staff recommends approval of the resolution. (Director of Parks and Recreation) Jess Valenzuela, Director of Parks and Recreation, informed Council that representatives of American Golf and Chula Vista Men's Club were present to answer any questions. Bob Strahl, 328 Crestview Drive, Bonita, CA, President, Chula Vista Men's Golf Club, stated they were in favor of the proposed rate structure. Much of the income received was from the non-resident members and he felt it would be a benefit to the City. John Cochran, 1561 Loma Lane, Chula Vista, CA, representing the Chula Vista Men's Golf Club, supported the proposed rate structure. Cliff Roland, 1100 Industrial Boulevard, Chula Vista, CA, spoke in opposition to the staff recommendation. He did not oppose the green fee proposal but felt it was wrong that non-residents would receive resident discount cards. Non-residents did not pay taxes, vote for elected officials, or volunteer for local functions. Mayor Nader stated that the report indicated that the Parks and Recreation Commission had endorsed the fee structure unanimously. Mr. Roland responded that he was delighted over the green fee structure but had been unaware of the portion regarding non-residents having resident membership at the time he voted. Minutes April 28, 1992 Page 7 Cotmc~man Rindone stated the issue of non-residents having resident membership, an exemption for the Men's Club, was new to him and questioned where it was located in the report. Jerry Foncerada, Parks Superintendent, responded that it was located in the discussion section of the report. Councilman Rindone felt the discussion was unclear and not reflective of what was being discussed at the meeting and not the intent of the recommendation. He questioned why the Men's Club was being given a discount for non-resident members. Mr. Strahl responded that it would encourage people to stay in the Club and others to join who would participate in the tournaments. It was felt that it would result in more money being spent on enuy fees, pro shop, etc. than would be lost by the decrease in revenues due to resident membership fees. Counc~man Rindone stated he would like to continue the item for one week in order to obtain specific information on the monetary impact on the City by providing the exemption and the impact upon the membership of the Men's Club. MS (Rindone/Moore) to continue for one week for supplemental information. Councilman Moore felt the staff recommendation in the report should be thorough and the resolution should reflect the recommendation. The information in the report was lacking and he would support the continuance. Mayor Nader stated that the specific information regarding money received from non-residents was not included but that a recommendation had been submitted by staff and the Parks and Recreation Department. The proposed fee structure did not change the amount now being paid but granted an exemption to non- resident members of the Men's Club. He felt the fiscal impact would be minimal. Councilman Rindone stated he had always tried to support his colleagues when they were seeking additional information and he did not feel the resolution was clear. When there was a single fee slxucture then whether you were a resident or non-resident was irrelevant because you belonged to the Men's Club and there wasn't an exception. He stated that the taxpayers of the City had purchased the golf come and he was not prepared to make that decision until he saw the impact. Mayor Nader stated the staff report said that there would be a positive impact to the City. If Councilman Rindone wanted additional comparisons of what the additional impacts would be ff the increase was applied to club members versus not, pro and con, as a courtesy he would vote to get that information before implementing the new fee structure. He wanted to know what specific information was needed. Councilman Rindone stated it was a new proposal and questioned how many men or women in the Club would be impacted, what was the impact on the City, and what potential effect it would have on the membership. Council would have to weigh the impact upon the fact that it was an exception and a break for those that were not taxpayers of the City and did not participate in the funding of the purchase and operation of the course. Supporting the green fees was not the issue, the exemption to non-residents was the issue. Mayor Nader questioned whether this would provide a reduction in current fees for residents or if they were increasing fees for non-residents, or both. Mr. Valenzuela stated there would be an increase to non-residents that were not members of the Men's Club. Minutes April 28, 1992 Page 8 / Mayor Nader stated that a key factor was that no one would be given a break that hadn't already gotten it. Councilman Rindone disagreed and stated that giving an exemption to non-resident members of the Men's Club had never been done before and he wanted to know the fiscal impact. Councilwoman Grasser Horton called for the question. She agreed with many of Mayor Nader's comments but in consideration of Councilman Rindone's request she would support the motion. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. 16. REPORT CARDROOMPROVISIONS: REGARDING ~ CHANGES IN STATE LAW PROVIDING FOR ADDITIONAL GAMING OPTIONS - Pursuant to oral and written communications received by Council, staff was directed to investigate any recent changes in state laws that have gone into effect since this issue was last discussed by Council. Council specifically directed staff not to revisit the entire cardroom subject but to focus upon new gaming options available as a result of such changes to state law. Municipalities still retain substantial authority to impose controls and conditions upon local gaming operations. Staff recommends not amending existing Municipal Codes regarding cardrooms. (Chief of Police) Councilman Rindone stated that an evaluation of other cities currently allowing "Texas Hold-em" was not included in the report. He questioned whether the impacts had been positive or negative. Rich Emerson, Chief of Police, informed Council that most cities were closing down their cardrooms or reducing the number allowed. He was not aware of any cardrooms in the county that had expanded their games. Mayor Nader noted that one of the requests was to allow "jack-potsN and questioned whether it would result in a greater amount of money being expended on a given hand. Dee Donahue, 693 J Street, Chula Vista, CA, Manager of the Vegas Club Cardroom, responded that it would not result in a greater amount of money being expended on a given hand. The money would be a portion of the fee to the cardroom and would be utilized as a promotional activity. She then gave a brief history of the previous requests by the cardrooms. If the proposals were approved, it would result in their business hiring fifty-five local people. If the proposals were not approved it could result in the owners having to sell their license became they could not be competitive with cardrooms outside the city. Lee Varon, 515 Park Way #7, Chula Vista, CA, representing the Vegas Club Cardroom, requested that Council support the proposals. Councilman Moore listed the following concerns: 1) the City did not want one major cardroom; and 2) to keep the major cardrooms, out restrictions would have to be placed which would discourage buy outs. He felt this could be done by restricting the number of licenses that could be combined, i.e. no more than two licenses combined to any one ownership and no cardroom closer than 600 feet to another cardroom. If that type of action was taken, he felt the other restrictions could be loosened up. Mayor Nader informed the public that there were no proposed ordinance amendments before Council. Direction would have to be given to staff to bring back an ordinance amendment and setting a public hearing for Council consideration. He questioned whether ordinance amendments had been placed on first reading in the past and then dropped. Minutes April 28, 1992 Page 9 Sid Morris, Assistant City Manager, responded that the report showed that an ordinance had been up for second reading and adoption on 1/23/90. Staff would research the item and report back to Council. Mayor Nader stated that there had been previous litigation regarding the game of 'Texas Hold-em' which had been resolved by the courts. He questioned whether the Chief had any feelings regarding the addition of the game. Chief Emerson responded that it was just another game at this time. Councilman Moore stated he would have no objections to expanding the regulations or approving the four items but he wanted to build in safeguards against major cardrooms. Mayor Nader stated Council had reached a compromise when adopting the license consolidation ordinance. He felt it was a reasonable compromise and that the ordinance protected against major cardrooms. He was concerned over lifting the limits on charges and betting as he felt it was also a protection against large scale operators. Upon hearing that "Texas Hold-em' was legal, "jack-pots' would be a reallocation of money for promotional purposes, and that expanding the hours would not be a burden to the Police Department, he could support 'Hold-em', "jack-pots", and extended hours on a trial basis with a report from the Police Department on the impacts. Councilman Rindone stated he shared Councilman Moore's concerns but that the consolidation of licenses under the current ordinance did reduce the number of tables for each license acquired. Staff should look at ways to address Councilman Moore's concerns without loosing the incentive in the current ordinance. The Council was not trying to run local cardrooms out of business and he felt that local cardrooms should be able to be competitive. The issue was whether the Council would allow a business to be competitive in the market. He could not support the request for expanded hours of operation. Councilwoman Grasser Hotton stated she agreed with Councilman Rindone but she could support the expansion of hours to 2:00 a.m. Councilman Rindone felt Councilman Moore had support on the direction he was trying to achieve but he questioned the method used to reach it. Councilman Moore stated that possibly one way to solve the problem would be a condition of approval rather than changing the ordinance. He expressed concern that if more benefits were given to the cardrooms the licenses would become more valuable, therefore more attractive to purchase. Gouncilman Rindone stated the Council needed to decide what were appropriate safeguards. The intent of the current ordinance should be preserved and staff should come back with recommendations. MS (Nader/iVloore) direct staff to bring back an ordinance amendment including: 1) allow 'T~ Hold-an', 2) allow jackpots, provided the amount of money wagered or charged not to be increased, 3) expand operaling hours, 4) revise the license fee slructure per table, and 5) implement a trial period with report from Police Department back to Council. Councilman Rindone expressed his concern regarding the extension of operating hours and requested that the maker of the motion bifurcate the motion regarding the operating hours. Mayor Nader agreed to bifurcate the motion and vote separately on the extension of opting hours. Minutes April 28, 1992 Page 10 Councilman Moore stated one item that was not included in the motion was to have staff provide alternatives to deter or prevent all four licenses being under one ownership or one establishment. He felt he could support the motion if he knew safeguards were in place regarding the licenses. He requested that the Mayor suspend his motion so another motion could be placed on the floor for consideration. Mayor Nader stated he would suspend his motion. MS (MooredGrasser Horton} direct staff to pursue, in line with the potential motion, to include appropriate action to deter or prevent ownerships (no more than two licenses) being combined and/or a specified distance between cardrooms. Councilman Rindone requested clarification of the existing ordinance regarding licensing. Mayor Nader stated that the current ordinance did not preclude one owner but did reduce the number of tables when additional licenses were purchased. The decision in the past was that the market would make the determination or wade-off regarding the number of smaller cardrooms or reduction in total number of tables. Councilman Rindone stated that Councilman Moore was seeking additional information and if it was referred to staff Council would have the opportunity to evaluate that perspective, therefore he could support the motion on the floor. Mayor Nader stated action by the Council would be to have staff bring back a proposed ordinance amendment and schedule a public hearing. VOTE ON MOTION: CMoore/Grasser Horton) approved 3-1-1 with Mayor Nader voting no and Counc~'lman Malcolm absent. VOTE ON MOTION: (Nader/nA/loore) bifurcated to exclude operating houn. Apprnved 4-0-1 with Coullc~'lm~n Malcolm absent. Councilman Rindone questioned if it was the intent of the motion to include Sundays in the expansion of hours, if so he could not support the motion. Mayor Nader stated he was unsure at this time what hours he would support. The direction to staff would be to draft an amendment to be brought back at a public hearing. The hours could be mended at that time. Fran Burger, owner of Vegas Club, informed Council that they had originally asked for Sundays but finally submitted expansion of hours from 9:00 a.m. to 3:00 a.m. They would close their club on Mondays if allowed to open on Sundays, as Sundays would be a very good day for business. Mayor Nader noted that there were a number of different options available for review regarding hours of operation. VOTE ON MOTION: {Nader/IVloore) expansion of operating hours. Approved 3-1-1 with Count,linen Rindone voting no and Councilman Malcolm absent. Mayor Nader noted that Council had not addressed the request for 'per hand charges". He had expressed his concerns in the past and felt a per hand fee structure should be developed in a way there would be a per hand charge but not to exceed a certain amount per hour. Minutes April 28, 1992 Page 11 Mr. Varon informed Council that their request would make their club consistent with clubs throughout the state of California. Councilman Moore felt that if Council was not taking action on this item because they were unsure of what it was, there should be further clarification. Mr. Burger then explained the current collection process and what was being proposed. Mr. Sousa stated the clubs wanted an easier collection method. They wanted to go back to the old system where they did not have a limit. Club's did not overcharge at that time because they had to stay competitive. The current system was cumbersome and if Council wanted to set a per hand charge they would work with staff. Mayor Nader responded that before he could consider a per hand charge he would need to know the number of hands played per hour. He was not concerned over the owners making to mueh money but players spending to much money. If staff wanted to present any new insights, he would be willing to consider whatever was presented. Councilman Rindone stated he could support keeping the clubs viable and competitive but was opposed to expansion of hours to 3:00 a.m. and operating on Sundays. 17. REPORT WORK PROGRAM FOR A SCHOOL IMPACT MITIGATION STUDY IN CONJUNCTION WITH THE CHULA VISTA F. I.F. MENTARY SCHOOL DISTRICT - In 1990, Council directed staff to complete a General Plan/Zoning Consistency Study for areas of Central Chula Vista where the 1989 General Plan Update resulted in residential densities significantly below those allowed by the existing zoning. During the public hearing process for the first two phases of the program, the Chula Vista Elementary School District objected to any proposed General Plan Amendments which increased allowable residential density on the grounds that the City did not provide for adequate mitigation of impacts to the elementary schools, As part of the Council action on a zoning consistency study area on 2/2S/92, staff indicated that they would be preparing a work program for a study which would address the impacts of new residential development on elementary schools prior to, or concurrently with, action on the remaining zoning consistency study areas. It is recommended that Council direct staff to flnalize the work program for the School Impact Mitigation Study and return with a final work program and schedule. (Director of planning) Mayor Nader referred to page 17-2 of the staff report regarding meet/confer sessions with the elementary district and felt staff should include the Sweetwater District in the process from the beginning rather than parallel studies, Robert Leiter, Director of Planning, responded that it was staffs intent to have additional discussions with the high school district staff following general direction from Council. Staff also felt it would be more efficient to have one study versus parallel studies but wanted to leave the option open. Mayor Nader referred to the preliminary SANDAG Series 8 forecasts and stated he had not heard a reasonable defense of them as being within the realm of environmental reality. Unless someone could tell him how to support that he did not want to do his planning on those projections. He felt the City projections were more appropriate. Mr. Leiter responded that it was staffs intent to use the Chula Vista Planning projections and General Plan capacities to make the population and household projections. However, SANDAG had developed information Minutes April 28, 1992 Page 12 and surveys that dealt with students as a percentage of total population and other demographic information that could be useful in some of the analysis. Mayor Nader questioned whether staff had intended to submit the report to the Growth Management Oversight Committee for review and comments. Mr. Leiter responded that staff had not made that determination but Council direction would be helpful. Mayor Nader felt that direction should be given to have them evaluate the impact of growth on schools as part of their report to Council each year. Councilman Moore expressed concern regarding staff and/or any one or two members of the Counc~ working with another entity as to City finances. He hoped before a large amount of time was put in the report that it would be brought forward in a meeting/worksession setting. He also expressed concern regarding non-residential development regarding schools. He wanted to be sure that Council had data regarding schools, i.e. California Education guidelines for school districts on how to proceed for state funds and what the school districts could do to help themselves. MS (Nader/Grasser Hotton) to accept the n~ort and implement staff recommendations. The study is to look at impacts on elementary and high school districts and at some stage GMOC input should be solicited before retumlng to Council. Councilman Moore questioned whether *impacts* was the correct wording and suggested that the motion be mended to state *study include both elementary and high school districts*. Mayor Nader agreed to amend the motion, Mayor Nader informed staff that although he wanted input from the GMOC he did not wane the report delayed. Councilman Moore stated he did not have a problem with the motion if a copy of the report was given to Council simultaneously with the GMOC. VOTE ON MOTION AS AMF. aNDED: appreved 4-0-1 with Councilman Malcolm absent. Mayor Nader agreed with Councilman Moorls request to review the report in a meeting/worksession setting. He requested that staff advise him of when it could be scheduled. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pUIJ.KD FROM THE CONSENT CALENDAR Items pulled: 12. The minutes will reflect the published agenda order. Minutes April 28, 1992 Page 13 OTHER BUSINESS 18. ~HY MANAGERS REPORT(S) a. Scheduling of meetings - no report. b. Discussion regarding "Age of Russia." City Manager Goss stated the Russia racing boat had not been permitted to enter the water for the America's Cup Defender trials and questioned whether there would be interest by Council to purchase the vessel for static display at the Nautical Activity Center. Staff had talked to Supervisor Bilbray who endorsed the idea. Staff would also like to contact the Port District to see if they would contribute toward the renovation of the boat and display. MS (Nader/Rindone) to approve staff recommendation and pursue and solicit Port District support. Councilman Moore felt Council should be cautious as nothing was free. The report should include long range maintenance not just initial costs. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absenL 19. MAYOR'S REPORT(S) a. Ratification of appointment for the Design Review Committee. MS (Nader/Grasser Horton) to ratify the appointment of Susan Dornblaser to the Design Review Mayor Nader stated Ms. Dornblaser had been a resident of Chula Vista for approximately one and one-half years with prior experience in planning in Simi Valley. She was currently a senior engineer with Rohr Industries. He felt her familiarity with-in the City planning process would be an asset and that someone working in that capacity with largest employer of the City would add a degree of sensitivity to private sector needs. b. Informed the public that the flags of the City were flown at half-mast in observance of 'Worker Safety Day' in respect of those that had died on the job. Chula Vista had a model program, for a large employer, of incorporating employee concerns through the Quality of Life program into management decisions that affected employee conditions. c. Referred to the budget memorandum regarding available dates for meetings/worksessions. At this time there were only two dates that all Councilmembers could attend. He had given additional dates to the Mayor/Council secretary and she would be polling Councilmembers regarding those dates. d. Reminded the public that the election would be held on June 2nd and that the deadline to register to vote would be midnight May 4th. Voter registration forms were available in the City Clerk's Office, Library, and would also be available until midnight on May 4th in the Police Department. Minutes April 28, 1992 Page 14 20. COUNCIL COMMENTS Councilman Rindone: a. Referred to the memorandum regarding the adjustments of Council meetings and possible budget hearings and questioned whether there had been an update regarding those meetings. City Manager Goss stated he could not respond on that but most Councilmembers had responded and that there were additional dates set. Councilman Rindone requested that an updated memorandum be distributed to Council. b. Stated there had been a great deal of interest in the Planning Commission vacancy and questioned when an interview date would be set. Mayor Nader stated that he had been concerned regarding the deadline for the budget and the setting of those hearings. It was his intent to direct the Mayor/Council secretary to poll the Council regarding a date once the budget heating dates had been established. That did not mean that the interview would be held after the budget hearings, just that the budget heating dates would be established fn'st. Councilman Rindone was agreeable and hoped it would be done expeditiously. Mayor Nader stated he had added dates for consideration as he was concerned that the 4:00 p.m. Council meetings would not be over at 6:00 p.m. He noted that Fridays were also not considered which was inconsistent with his direction. City Manager Goss responded that staff would be flexible and the budget hearings could start after the Council meeting was over. Councilman Rindone stated that Saturdays were not considered and felt that was also an option. City Manger Goss stated that it had been the consensus of the Council that Saturday, June 6th would be a viable date for the CIP tour. It was also a possibility that a budget hearing could be scheduled on that date. ADJOURNMENT ADJOURNMENT AT 9:32 P. M. to the Regular City Council Meeting on May 5, 1992 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, . BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy ~ity Clerk