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HomeMy WebLinkAboutcc min 1992/08/11 MINIII~S OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August l 1, 1992 Council Chambers 6:02 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Rindone, and Mayor Nader ABSENT: Councilmembers Malcolm and Moore ALSO PRESENT: John D. Goss, City Manager; Ruth M. Fritsch, Assistant City Attorney; and Beverly A~ Authelet, City Clerk 2. PI.RDGE OF P,I.I.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLFFES: July 28, 1992 (Council) and July 28, 1992 (Joint Council/RDA) MSC (Rindone/Hor~on) to approve the minutes of July 28, 1992 (Council and RDA) as presented. Approved 3-0-2 with Malcohn/Moore absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office administered by City Clerk Authelet: Board of Appeals: Harold Coleman, Jr. Civil Service Commission: Jack Turner Commission on Aging: Anne M. Nute Cultural Arts Commission: Loft Chan Luna Growth Management Oversight Commission: Mike Armbrust Planning Commission: John Ray Town Centre Project Area Committee: Michael Steiner Councilman Rindone urged that before the release of names of appointees for key boards/commissions that letters be sent to those applicants that were not appointed. Mayor Nader responded that a procedure had been established and he would check with staff regarding Councilman Rindone's concern. b. Presentation of Certificates of Recognition to students: Certificates were presented by Councilman Rindone to: Sachiko Murata, Yukiko Nakamura, Aiko Yamazaki, and Etsuko Yoshida from Sister City - Odawara, Japan; Hazaki Saito, Taiko Mishimo, Noriko Sato, Etsuko Tate, Hirofumi Hashimoto, Tomoe Terui from Japan, and Pierre-Yres Dozo from Belgium. CONSENT CALENDAR. (Items pulled: 8 and 13) BALANCE OF THE CONSENT CALENDAR O~ BY COUNCILWOMAN HORTON, reading of the text was waived, passed and approved 3-0-2 with Malcolm/Moore absent. Items 6 and 11 will be continued for one week. Minutes August 11, 1992 Page 2 5. WRI-I-I-I~] COMMLrNICATIONS: None 6. ORDINANCE 2S24 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RELATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDC) (first readin~r) - On 10/9/90, Council amended Section 2.30,020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by the Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Council's selection of appointees. The purpose is to encourage a well balanced membership representing expertise vital to the EDC's role in developing, recommending, and implementing economic development strategies. Staff recommends Council place ordinance on first reading. (Director of Community Development) Continued from the 8/4/92 meeting. Continued as part of the Consent Calendar to the meeting of 8/18/92. 7. RESOLUTION 16746 RATIIFYINGAGI~RRMENTWITHTHECOUNTYOFSANDIEGORELATING TO THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TAIL SHIP CALIFORNIAN - The agreement allows the City to accept payment of $7,000 from the Count3/s Community Enhancement Program which will go toward reimbursing the General Fund for the $26,000 grant awarded for the tall ship CALIFORNIAN. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 8. RESOLLrrION 16747 AUTHORIZING AND SUPPORTING THE SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR MATCHING FUNDS FOR THE PURCHASE OF _AI.RRT/WARNING PAGING EQUIPMENT - The Fire Department (Disaster Services) has prepared a grant application to FEMA requesting matching funds in the amount of $1,250 for the development of local disaster communications and alert/warning systems. Staff recommends approval of the resolution. (Fire ChieO Pulled from the Consent Calendar. Councilman Rindone asked how many receivers the City would receive and who the key personnel were that would be contacted during work day hours. He also questioned why the system would only be used during work hours and noted that many disasters occurred in the evening or morning hours. Robert Nelson, Disaster Preparedness Specialist, responded that the City would get six receivers for the five members of the direction/control group for disaster operations. The system would speed up the alerting process during the day time hours. Staff was not expected to carry a pager 24 hours a day/7 days a week. Mayor Nader stated he had carried a pager 24 hours a day/7 days a week and felt it was part of his job as a public official. He was concerned if other public officials had indicated that they would not make themselves available on that basis. The City had a pager service and he did not see the advantage of the system when it only took 1S-20 minutes to call the five members of the direction/control group. Mr. Nelson stated that staff could pursue a 24 hour system under Council or manager direction. Further study could be done once the system was in place. The new system would alert members via radio activated pagers. City Manager Goss questioned what would happen to the current paging system the City utilized. Mr. Nelson responded that staff would have to wear two pagers. Minutes August 11, 1992 Page 3 Mayor Nader stated that as a follow-up, Council may want to make sure that all key personnel, those that would need to be notified in the event of a disaster, would wear pagers 24 hours a day. Mr. Nelson stated that in future phases, receivers would be in all offices and pagers would be ava~able for all key personnel. He was trying to build up the program slowly so it would not have a major impact upon the budget. RESOLLrrION 16747 O~Iq~RED BY COUNCILMAN RINDONE, madLug of the text wa~ waived, pa.tsed and approved 3-0-2 with Malcolm/Moore absent. Mayor Nader asked which staff members wore pagers and how the top public safety personnel were contacted in an emergency if they did not wear a pager. City Manager Goss responded that he was uncertain as to which staff members were utilizing a pager. Administratively, staff needed to make sure Council was comfortable with staffs ability to respond in case of an emergency. MSC (Rindone/Nader) to direct staff to bring back a report on how staff responds to an emergency efficien~y and effectively. Approved 3-0-2 with Malcolm/Moore absent. 9. RESOLUTION 16748 ADOPTINGTHESANDIEGOCOUNTYFIREMLrFUALAIDAGREEMENTThe agreement provides for the coordination and availability of fire protection resources and facilities of the County of San Diego, cities, fire protection districts, fire departments, and other political subdivisions within San Diego County. Staff recommends approval of the resolution. (Fire ChieO Robert Nelson, Disaster Preparedness Specialist, stated that the agreement stipulated that the Fire Chief be appointed as the City's representative to the Fire Advisory Committee. Mayor Nader stated it was the consensus of the Council that the Fire Chief should represent the City on the Fire Advisory Committee. 10. RESOLUTION 16749 APPROVINGENCROACHMENTPERMITNIJMBERPE-260FORRETAINING WAIL AT 326 EAST MOSS STREET - The owners of 326 Moss Street propose installation of a retaining wall in the rear yard. To take advantage of the best location for the wall and to facilitate construction, the footing must encroach within a City drainage easement. The wall will be seven feet high at its max/mum. Any encroachment permit for a retaining wall over five feet in height must be considered by Council. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 16750 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR 'CROSS GD'I'I'I~R REMOVAL AND INSTALLATION OF STORM DRAIN FACILITIES AT HIll.TOP DRIVE AND NAPLES bUREET' - On 7/28/92, sealed bids for the project were received. Work includes traffic control, removal and disposal of existing improvements, relocation of existing facilities, excavation and compaction, asphalt concrete pavement curb and gutter, sidewalk pedestrian ramp, driveways, adjustment of manhole and gate valves, various drainage inlets and structures, shoring, reinforced concrete pipe, a street survey monument, construction surveying, protection and restoration of existing improvements, and other miscellaneous work. Staff recommends approval of the resolution, acceptance of the bids and awarding the contract to Overson-Rand Corporation. (Director of Public Works) 4/Sth's vote required. Continued as pan of the Consent Calendar to the meeting of 8/18/92. Minutes August 11, 1992 Page 4 12. RESOLUTION 16751 ACCEPTING BIDS, WAIVING IMMATERIAL DEFECTS AND AWARDING CONTRACT FOR EAST 'H' STREET AND HIDDEN VISTA BUS TURNOLrF; AWARDING CONTRACT TO THE SECOND RESPONSIBLE BIDDER, CONCRETE CONTtLA, CTORS INTERSTATE, IN THE EVENT ERRY CONSTRUCT[ON FAIL~I TO PROVIDE PERFORMANCE AND LABOR BONDS WITHIN TEN WORKING DAYS APTER RECEIVING NOTICE OF AWARD -On 7/15/92, sealed bids for the project were received. The work to be done includes installation of new curb, gutter, sidewalk, cast-in-place concrete slabwork, bus shelter, bench, traffic control, loop detectors, and other miscellaneous work. Staff recommends approval of the resolution, acceptance the bid and awarding the contract to Erry Construction. (Director of Public Works) 13. REPORT LEGAL ALTERNATIVES TO DEALING WITH PANHANDHNG IN THE DOWNTOWN AREA THAT MAY BORDER ON ASSAULT - Council has expressed its concern over reported incidents of aggressive panhandling in the downtown business district and has asked the City Attomey's Office to report on alternatives available to address this problem. A recent U.S. District Court has ruled that an "anti-begging' law, similar to the City's, is an unconstitutional breach of the solicitor's right of free speech and equal protection. Staff recommends Council accept the report. (City Attorney) Pulled from the Consent Calendar. Councilman Rindone recommended that the proposed ordinance regarding "venting adjacent to roadway~ be given to the Downtown Business Association for review and comment as he had been receiving mixed messages regarding that item. He questioned why there had not been an analysis or update on the extent of the problem regarding public safety. Ruth Fritsch, Deputy City Attorney, informed Council that the lack of information was not the fault of the department. She had neglected to refer the item to the Chief for analysis. Rick Emerson, Chief of Police, informed Council that over the last several weekends the bicycle patrol had informed him that they had not seen panhandling going on. Some of the business owners had raised the issue but the business owners he had spoken to did not state it was a problem. MOTION: (Pandone) to file the report. Mayor Nader questioned whether Councilman Rindone would change the motion to "accept the report" as the intent was not to consider further ordinances. Councilman Rindone agreed to change the motion to 'accept the report', motion seconded by Mayor Nader. VOTE ON MOTION TO ACCEPT THE REPORT: approved 3-0-2 with Malcolm/Moore absent. * * END OF CONSENT CALENDAR * * PUBHC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCC-92dt0: CONDITIONAL USE PERMIT: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST TO CONSTRUCT I~M FIRE STATION NUMBER SIX AT THE SOUTHWEST CORNER OF LANE AVENUE AND FENTON STREET; APP~H..euNT - CALIFORNIA LAND ~'~ ASSOCIATES - Appeal of Planning Commission approval PCC-92-40 for the City application to construct an . j interim fire station at the southwest comer of Fenton Street and Lane Avenue, 2396 Fenton Street. Staff recommends approval of the resolution. (Director of Planning) Continued from 7/28/92 meeting. Minutes August 11, 1992 Page 5 Robert Leiter, Director of Planning, informed Council that the Appellant had requested a two week continuance so the appeal could be heard before a full Council. Staff had contacted EastLake and they were not opposed to the continuance. Sam Lopez, Fire Chief, informed Council that a two week continuance would not cause an undue delay. MSC {Rindone/Horton) to confnue the public hearing to the meeting of 8/25/92. Approved 3-0-2 with Malcolm/Moore absent. RESOLUTION 16752 PCC-92-40 CONDITIONAL USE PERMIT: APPROVAL OF REQUEST TO CONSTRUCT INTERIM FIRE STATION NUMBER SIX AT THE SO~ST CORNER OF LANE AVENUE AND FENTON STREET; APPF. IJ.ANT - CAI~FORNIA LAND ASSOCIATES 15. pUBlIC HEARING PCA-92-03: CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE REQUIRING A CONDITIONAL USE PERMIT FOR SALES OF ALCOHOLIC BIGES IN THE COMMERCIAL-NEIGHBORHOOD (C-N) ZONE ~ CITY INITIATED - On 4/21/92, during consideration of a report on alcohol sales facilities in Commercial Neighborhood (C-N) zones, the Council directed staff to return with a proposed ordinance ou~ining an application procedure for alcohol sales in the C-N zone. The procedure would require approval by the City and input by the Police Department, with approval being subsequently placed on the consent calendar for Council action. Staff recommends Council place ordinance on first reading. (Director of Planning) Mayor Nader informed the Council that the Assistant City Attorney had requested a two week continuance for further legal review, MSC (Nader/Rindone) to continue the public hearing to the meeting of 8/25/92. Approved 3-0-2 with Malcolm/Moore absent. ORDINANCE 2526 AMF2qDING SECTIONS 19.14.030, 19.34.020, AND 19.34.030 OF THE MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOLIC BEVERAGES IN THE COMMERCIAL- NEIGHBORHOOD (C-N) ZONE (first reading) ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16.A. RESOLUTI ON 16753 AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDEN'rURE kND OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT NUMBER 90-1 (SALT CREEK I) - These are the closing resolutions for the Salt Creek I assessment district proceedings. They approve certain bond-related documents and award the bond sale to the lowest bidder. Staff recommends approval of the resolutions. (Director of Public Works) Minutes August 11, 1992 Page 6 B. RESOLUTION 16754 AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND P]~RIJMINARy OFFICIAL STATEMENT FOR ASSESSMF3qT DISTRICT NUMBER 90-1 (SALT CI1ERK I) Lyman Christopher, Director of Finance, informed Council that the principal amount of bonds sold was $4,747,262. Bids were received from Prudential Securities at 7.0046% and Stone & Youngbird at 7.0161%. Staff recommended awarding the bid to Prudential Securities. RESOLUTIONS 16753 AND 16754 OFFERED BY COUNCILWOMAN HORTON, reading of the text waived, pa~ed and approved 3-0-2 with Malcolm/Moore absent. 17. REPORT /LoPROVING PROPOSED WORK PLAN FOR NEW AND INCREASED REVENUES - During the fiscal year 1992/93 budget review hearings, Council received two lists of revenue options which were being evaluated by staff. At that time Council expressed desire to provide additional comments and review on the revenues listed. The purpose of the report is to receive feedback from the Council to confirm the Manager's short and long term revenue plan. Staff recommends Council accept the report. (City Manager) City Manager Goss reviewed the proposed work plan for new and increased revenues. He requested feedback as to the programs Council wanted staff to pursue. Mayor Nader stated it was his understanding that if Council accepted the report that staff would pursue all the items included in the plan. City Manager Goss responded that staff wanted specific direction on several items, i.e. selling city facilities and leasing them back was an idea that staff was not comfortable with. There had been discussion in the past by Council regarding exterior bus ads and bench ads. If there was a desire to have staff review those items further staff would need direction from Council. MS {Nader/Horton) to accept the report but delete the following items ~'om consideration: property owner maintenance parkways/monolithic sidewalks; utility users tax to cable TV; and sale of city facilities lease back; refer crime analysis fees for report on full legal ramifications before moving forward; and pursue exterior bus and bench ads and used car sales tu/point of sale in Chula Vista. Councilman Rindone stated he was troubled by the approach and felt all proposals that raised taxes or fees should be removed from consideration. The impact of the State budget upon the City was still unknown. A number of the proposals would raise taxes and users fees and he did not feel it was the time for such raises due to the economy. He wanted to direct staff to come back to Council with a proposal on how they would cut current expenditures. The landfill mitigation fee was one proposal that staff needed to pursue vigorously. Mayor Nader responded that he felt he had removed the majority of proposals that would raise taxes or fees for the residents of the City. The proposals remaining were left so Council could receive further information and did not mean they would be implemented. Councilman Rindone felt the fire high hazard inspection fees, fire inspection fees, and the restructuring of towing contracts should be eliminated from review. Mayor Nader responded that he did not feel there was enough information available regarding the fire inspection fees to make a judgemerit. Support of the report or motion should not be taken as an endorsement for raising additional fees. Minutes August 11, 1992 Page 7 Councilwoman Horton stated she would like exterior bus and bench ads; charging Redevelopment Agency for processing fees; and used car sales tagpoint of sale in Chula Vista pulled for review, Mayor Nader stated he would add charging Redevelopment Agency for processing fees to the motion for review and would delete everything having to do with fire inspection fees and reslTuctuting of towing contracts from the list for staff to pursue. Councilwoman Horton requested further explanation on the planning charges for reapplication process time and materials. Mayor Nader stated he would add planning charges for reapplication process time and materials to the motion for staff to pursue. Councilman Rindone requested staff comments on the master fee schedule update. Lyman Christopher, Director of Finance, responded that staff had been working on the master fee schedule update for several months. Council had approved Phase I of the master fee schedule update, which included technical changes, several months ago. Phase II contained the proposed updates on fees. It was expected that the report would be ready for Council in 4-6 weeks. Councilman Rindone questioned whether full cost recovery was included for Parks and Recreation fees. Mr. Christopher responded that some of the fees did include full cost recovery as it was built into the calculation. He was uncertain as to which fee Councilman Rindone was addressing. City Manager Goss stated that one of the other items listed under 'Unknown" was Park and Recreation revenue enhancement. One of the areas they would focus on in the future would be non-resident fees. He referred to the staff report and stated that staff had been looking at 10-11% cuts. Six levels of cuts had been identified but the report was being held in abeyance until information was received from the State. There would have to be a balance between the revenues and the budget. Staff was not ignoring the issues but needed direction on the revenue side. Mayor Nader stated he was interested in having more information developed regarding the master fee schedule update. Councilman Rindone stated he was pleased that staff was looking at both sides and felt it would have to be a combination. VOTE ON MOTION: approved 3-0-2 with Malcolm/Moore absent. MS (Nader/Hor~on) staff to report back with additional material regarding potential revisions of the towing contracts. Motion failed 2-1-2 with Rindone opposed and Malcolm/Moore absent. Mayor Nader stated that the motions gave staff no direction to pursue the fire inspection fees. City Manager Goss informed Council that the reasoning behind the fire high hazard inspection fee was that a higher level of inspection could be required due to the hazardous nature of materials they contained, therefore a higher fee would be charged. Councilwoman Hotton stated that she did not want fire inspection fees pulled from consideration and had misunderstood the motion. Minutes August 11, 1992 Page 8 MS {Horton/Nader) to direct staff to pursue the fire inspection fees. Councilman Rindone stated he would support the motion because it was for informational purposes only. Mayor Nader stated he was concerned regarding the burden that would be placed on the businesses. VOTE ON MOTION: apprnved 3-0-2 with Malcolm/Moore absent. Councilman Rindone stated that some of the best ideas came from employees and staff and questioned whether there was a suggestion box and/or incentives available for cost saving ideas. He also questioned whether it would be legal for the City to offer rewards for creative ideas. City Manager Goss informed Council that he had talked to over 400 employees regarding the current budget crisis and had, at that time, asked for cost cutting ideas or additional ways to generate revenues. A suggestion box had also been placed in the Budget Manager's office. Ruth Fritsch, Assistant City Attorney, responded that she had not researched the item but was currently unaware of any prohibition. MS 0Lindone~qader) to refer to staff to develop a procedure that would provide rewards/incentives for creative ways to cut costs or generate new revenues. Councilwoman Hotcon stated she could not support the motion as she was uncertain that such a program would work. She was concerned that it would not be fair and create competition within departments. VOTE ON MOTION: failed 2-1-2 with Horton opposed and Malcolm/Moore absent. ITEMS pUI .T.R1) FROM THE CONSENT CALENDAR Items pulled: 8 and 13. The minutes will reflect the published agenda order. OTHER BUSINESS 18. C/TY MANAGER'S REPORTfS) a. Scheduling of meetings. No report given. b. Gave a brief review of efforts being made on the State budget. Staff felt that due to Council guidelines staff would oppose SB 617 due to the possible $3 million impact upon the City of Chula Vista. Staff would also oppose SB 844 which stated that annexations would have to be revenue neutral. 19. MAYOR'S REPORTf S) a. A joint meeting between the City Council and the Otay Water District Board would be held on Wednesday, August 26th at 3:00 p.m. Minutes August 11, 1992 Page 9 20. COUNCIL COMMENTS Councilwoman Horton: a. Name change of the Elderly and Handicapped Transportation Commlttee. Councilwoman Hotton stated she had been contacted regarding the name of the committee and had been told that it was inappropriate. She recommended that it be changed to the "Senior and Disabled Transportation Committee'. Mayor Nader stated the committee had originally be established as a Mayor's ad hoc committee and was now advisory to the SCOOT Board. He directed that the name of the committee be changed to the *Senior and Disabled Transportation Committeen. Councilman Rindone: a. Councilman Rindone stated he had been contacted by several residents questioning the progress of the 4th Avenue road widening from "L~ to Naples or Oxford Street. He requested an update of the project from staff. John Lippitt, Director of Public Works, informed the Council that there had been several problems with the right-of-ways. Staff would submit a report to Council within the next two weeks regarding the progress of the project. ADJOURNMENT ADJOURNMENT AT 7:42 P.M. to the Regular City Council Meeting on August 18, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vi~ki C. Soderquist, De~2~C~ity Clerk