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HomeMy WebLinkAboutcc min 1992/09/01 MINLFFES OF A REGIJLAR MEETING OF THE CITY OF CHULA VISTA CITY COUNCIL Tuesday, September 1, 1992 Council Chambers 4:03 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, end Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Richard D. Rudolf, Assistant City Attorney;, and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.EG~CE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Special presentation thanking the City for its participation in the "Sunset Cinema" event scheduled for 8/27/92 end 8/28/92 by Andy Friedenberg, Executive Director of the Visual Arts Foundation. (Administration) Mayor Nader informed the Council that the representative from the Sunset Cinema would not be able to attend the meeting and therefore it would be scheduled for another time. b. Presentation to Council of recycling achievement awards for City programs presented by Athena Bradley, Conservation Coordinator - (Administration) Athena Bradley, Resource Conservation Coordinator, stated the City had received two awards for their comprehensive recycling efforts. One was for Outstanding Government Leadership from the California Resource Recovery Association and the other was from the Department of Conservation for Excellence for Recycling in the Public Sector. c. Prodaimlng October, 1992 as 'ENVIRONMF2qTAL FORUM MONTH.* The proclamation was presented by Mayor Pro Tem Malcolm to a representative from Environmental Forums 1992. CONSENT CALENDAR (Items pulled: 9A, 9B, and 13) BALANCE OF THE CONSENT C,.AI .I~NDAR OFFERED BY MOORE, reading of the text was waived, passed end approved unanimously with Mayor Nader voting no on Item 1L V~RI'I*I'EINI COMMUNICATIONS: None. 6. ORDINANCE 2526 AMENDING 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 (second readin~ end adoption) - On 4/21/92, Council directed staff to return with a proposed ordinance outlining an application procedure for alcohol sales in the C-N zone. The Minutes September 1, 1992 Page 2 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 second reading and adoption. (Director of Planning) Councilman Malcolm wanted to clarify the fact that if a person had an existing business in a C-N zone they would not have to come before the City for a conditional use permit. The business could also be sold without the new owner having to come before the City for a new conditional use permit. Assistant City Attorney Rudolf responded that he felt Councilman Malcolm's statements were true as long as there was no change as a result of the sale. Mayor Nader felt that an amendment had been passed last week that would place an approval on the Consent Calendar of the Council. He requested that the Clerk 'flag" that section of the minutes when they were prepared. 7. ORDINANCE 2527 APPROVING PCZ-92-A: PREZONING TO P-C PLANNED COMMUNITY (PCZ- 92-A) AND THE P-C DISTRICT REGULATION AMENDMENTS FOR T~I.F. GRAPH CANYON ESTATES SECTIONAL PLANNING AREA (SPA) PLAN (second reading and adovtion) - The development proposal calls for a private, gate-guarded community involving a maximum of 350 single family lots, plus two private recreation areas, two community purpose facility sites, and over 20 acres of open space on 112 acres. The unincorporated propeP:y is located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge Mobile Home Park and directly south of EastLake Shores. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 8. ORDINANCE 2528 AMENDINGCHAPTERS,2OANDSECTIONS.07.03OOFTHECHDLAVISTA MUNICIPAL CODE RELATING TO CARDROOMS (second readinK and adoption) - On 7/21/92, Council conducted a public hearing regarding a series of proposed amendments to Section 5.20 of the Municipal Code, the Cardroom ordinance. Pursuant to said public hearing, staff was directed to prepare for further consideration six specific modifications to the Cardroom ordinance. On 8/25/92, Council considered and amended Ordinance 2528 at its first reading. Staff recommends Council place ordinance on second reading and adoption. (Chief of Police) Councilman Rindone stated the ordinance prepared was correct but the narrative on page 8-1 of the staff report was incorrect. The item stating "increasing the maximum allowable number of cardtables to twelve" should have said "twelve provided there were two licenses owned by one". 9.A. RESOLUTION 16792 APPROVING CONTINUATION OF PUBLIC OU']IF2,CH CAMPAIGN IN SUPPORT OF THE MANDATORY RECYCLING ORDINANCE AND APPROPRIATING FUNDS THEREFOR - Last Spring, staff hired a temporary, part-time intern to assist in the initial implementation of the mandatory enforcement program. Although participation in the residential curbside recycling program has increased significantly, over 250 enforcement tags have been left on residential trash receptacles. To assist with continued outreach on recycling as well as to assist with promotion and enforcement for additional phases of mandatory recycling, staff requests continued funding of an intern for twelve hours a week through June 1993 and additional promotional material development funding. Staff recommends approval of the resolutions. (Administration) 4/Sth's vote require& Pulled from the Comet Calendar. B. RESOLUTION 16793 AMF/qDING FISCAL YEAR 1992-93 BUDGET TO ADD A TEMPORARY POSITION IN UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT AND RECYCLING UNIT AND APPP~OPRIAT1NG FUNDS THEREFOR - 4/5th's vote required. Pulled from the Consent Calendar. Minutes September 1, 1992 Page 3 Councilman Rindone felt the request to continue assistance for communicating with ordinance violators for the process was excellent but that the Council needed to establish priorities. Although it was not a major task, he felt they needed to start somewhere to consolidate responsibilities and duties into current positions. He supported what was being done for the processing and providing of information but he was not convinced the City could not determine priorities of current job descriptions of persons in that area to include it within their responsibilities. MS (Rindone/Moore) refer back to staff to see where the responsibilities could be continued but incorporated within one of the current permanent positions. Mayor Nader questioned what discussion would be held that had not already taken place at staff level or by the Resource Conservation Commission. Councilman Rindone stated the dissenting member of the Resource Conservation Commission had indicated a desire to utilize volunteers. That was not the direction he was leaning towards, he felt the City needed to be frugal in managing any request for part-time or new positions. Mayor Nader stated he hoped that staff had already made those considerations before submitting the/r request to Council He felt the request was justified in Iight of the success of the recycling program. There was no impact on the general fund and no ability to allocate the funds to another program. Councilman Moore felt it had been well thought out and the help would be provided through the grant for interns. VOTE ON MOTION: approved 3-2 with Naderfdorton opposed. City Manager Goss stated staff would bring the report back within the next several weeks. 10. RESOLUTION 16794 APPROVINGSDG&ERIGHT-OF-WAYUSEAGRRRMENTFORCHULAVISTA FIRE DEPARTMENT TRAINING TOWER - The Fire Department's new training tower, located on Paseo Ranchero in the Rancho de1 Rey community, is currently under construction. The faeilitys driveway crosses an SDG&E easement. This resolution will approve a right-of-way use agreement intended to ensure SDG&E access to the said easement. The agreement is patterned after similar documents executed by the City. Staff recommends approval of the resolution. (Fire Chief) 11. RESOLUTION 16795 APPROVING AND ALFrI-IORiZING EXECUTION OF THE FIRST AMENDED EXCLUSNE NEGOTIATION AGREEMENT WrrI-I JOFJ.RN ENTERPRiSES FOR THE NEGOTIATION OF A DISPOSEION AND DEVELOPMENT AGR EF. MENT FOR A PROPOSED GOLF RESORT HOTEL - In June 1990, the City issued a Request for Proposals (RFP) for development of City-owned property adjacent to the Municipal Golf Course. On 4/23/91, Council directed staff to prepare an Exclusive Negotiation Agreement (ENA) with Joelen Enterprises for development of a golf resort hotel. Council also requested Joelen Enterprises to prepare a market feasibility study to submit with the proposed ENA. The original deadline of 120 days for these two items was extended by Council to November 1991. On 11/26/91, a Preliminary Market Feasibility Study was accepted by Council and an ENA was approved. The ENA was for a period of 120 days (through 4/8/92) with the City Manager authorized to extend by 60 days. Staff recommends approval of the resolution. (Community Developmen0 Mayor Nader voted no on Resolution 16795. 12. RESOLUTION 16796 APPROVINGTHEHOMEPROGRAMDESCRIPTIONANDAUTHORIZINGITS SUBMrFI'AL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City will receive $748,000 of HOME funds from the federal government, and the Redevelopmerit Agency has allocated an Minutes September 1, 1992 Page 4 additional $2,000 to the program. The HOME program description must include the estimated use of HOME funds for a variety of housing activities which benefit low-income households. In its HOME program description, the City is targeting new construction of rental and for-sale housing, acquisition of rental housing for very-low income households, and home ownership opportunities. With only a few exceptions, the City may amend its HOME program description without HUD approval, if the City later finds that it is necessary to do so. Staff recommends approval of the resolution. (Director of Community Development) 13. RESOLUTION 16797 FORGMNG A LOAN FOR THE CONSTRUCTION OF A PUBLIC STREET ]N THE VICINrIT OF BRANDYWINE AVENUE AND OTAY VAT.T.EY ROAD IN THE OTAY VAI.T.EY ROAD PROJECT AREA CONTINGENT UPON IMPLEMENTATION OF THE OTAY VAI.LEY ROAD WIDENING ASSESSMENT DISTRICT - On 10/28/86, Council approved an agreement with Weriden Development Company and Mrs. Helen Cushman for the construction of Shinohara Lane to provide access to a parcel owned by Mrs. Cushman. Said property is zoned for industrial development. The agreement stipulated that Weriden Development Company construct the street and that the developer and Mrs. Cushman each pay for one-half of the cost of the street ($57,000 each). The street has been constructed; and Cardon-Meadow Development Corporation, successors to the Weriden Development Company, has paid its half of the cost to the City. Staff recommends approval of the resolution. (Community Development Director and Director of Public Works) Pulled from the Consent Calendar. Councilman Rindone stated there had been several requests for forgiving loans, one was before Council and the other had not been presented. He questioned whether there was a difference between them and if so, why was only one before Council for review since Council had voted on it previously. Councilman Malcolm questioned why the other item required only one action and this item required two separate actions. Chris Salomone, Director of Community Development, responded that he could not respond on the other item but the current item was a clean-up measure to keep the audit trail clear as HUD funds were utilized. RESOLUTION 16797 OI~'ERED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved tmsnimously. 14. RESOLUTION 16798 APPROVING THE CITY OF CHULA VISTA'S UPDATE OF FEDERAL FUNCTIONAL CLASSIFICATION MAPS - The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modify the Federal-Aid highway systems. This legislative requirement is still effective today and is paIt of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The functional classification of roads in Chula Vista has not been updated for a considerable period of time. The normal procedure is for the City to request CalTrans to change the functional classification as part of an ongoing process or to add new roads to the system as they are built. Staff recommends approval of the resalution. CDirector of Public Works) 15. RESOLUTION 16799 AMENDING SCI~.DUI~ III OF THE CHUIA VISTA MUNICIPAL CODE SECTION 10.S2.280 TO PROHIBIT PARKING AT ALL TIMES ON PORTIONS OF MEDICAL CENTER DRIVE AND NORTH FOURTH AVENUE - In order to minimize traffic hazards and congestion, and to allow for the installation of a right turn lane on North Fourth Avenue and bicycle lanes on Medical Center Drive, parking prohibitions on these streets should be authorized by resolution. A review of trial traffic regulations initiated by the City Engineer under the authority of the Municipal Code show that these regulations are operating Minutes September 1, 1992 Page S effectively and should be made permanent. Staff recommends approval of the resolution. (Director of Public Works) 16. RESOLLrrION 16800 APPROVING THE TEMPORARY CLOSURE OF BONITA ROAD AND A PORTION OF OTAY LAKES ROAD TO CONDUCT THE BONITAFEST PARADE - The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association (BBPA), is requesting permission to conduct the Bonitafest event on Saturday, 9/26/92. Staff recommends approval of the resolution. (Director of Parks at Recreation) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None submitted. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS pLnJ.Rn FROM THE CONSENT CALF_JqDAR Items pulled: 9A, 9B, and 13. The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORT(S) · City Manager Goss stated the impact of the curren~y proposed State budget upon the City would be a reduction of revenues to the City's operations of approximately $1 million and a reduction to the Redevelopment Agency of $600,000-$700,000. The actual impact was unknown and the amounts were estimates. If the projected figures were accurate he felt it was something the City could live with. · Scheduling of meetings. The quarterly capital improvement tour was scheduled for Saturday, September 12th. It had been suggested that instead of having a tour that some type of workshop be held to review Council Referral Items, status of CIP items, etc. Another suggestion was to cancel the tour. Minutes September 1, 1992 Page 6 MS (Nader/Malcolm) to caned the {lIP tour. City Manager Goss stated that Council had reviewed the ongoing projects and did not feel there was a need for a CIP tour until the next budget cycle. Coundlman Moore thought that because it was an established date, the tour could be cancelled and it would be an ideal time for the City Manager to bring the Council up to date on a number of items of concern to Council. Councilman Malcolm felt that for those Council and staff members that had children, it was important m spend time with them. He agreed that it was difficult to schedule dates but if staff did not have specific items to update he would prefer cancelling the tour. Council would be having seven or eight meetings in the future with the County regarding Baldwin and extra meetings for the Bonita Golf Course Hotel. Mayor Nader added that a special meeting had also been called for the City Manager's evaluation. VOTE ON MOTION: approved unanimously. City Manager Goss reminded Council that there was a joint meeting with Council and the Library Board of Trustees on Thursday, September 10th, at 4:00 p.m. to discuss the design issues on the library in southern Chula Vista. Councilman Rindone stated that he had a time conflict and would not be able to attend until 4:30 p.m. Mayor Nader informed Council that he and Councilwoman Horton had a Port Subcommittee meeting on the Bayfront at 5:00 p.m. on the 10th. Councilman Malcolm felt there needed to be full input from the Council and he wanted to have the architects start the presentation right at 4:30 p.m., tell them they would have 1S-20 minutes, and then take comments from the Mayor and Councilwoman Horton before they had to leave the meeting. Mayor Nader felt that by setting the meeting at 4:2S p.m. it would allow the Library Board of Trustees to make any comments they felt necessary. The architects presentation could be scheduled for a "time certain" at 4:30 p.m. with comments from Councilwoman Horton and himself before they had to leave for the 5:00 p.m. meeting with the Port. 18. MAYORS REPORT(S) ® Mayor Nader stated that he had heard an announcement from Mayor O'Conner that she was having installed, in her office, a special confidential telephone line for citizens or employees with cost reduction ideas to help the City weather the budget crisis imposed by Sacramento. His initial reaction was that it was a good idea but after reviewing, he hoped that everyone in Chula Vista would realize that calls made on the regular line to the Mayor's office would have confldentiality respected if requested and if someone was not comfortable with that his home number was listed in the phone book. The City did want to give serious consideration to any serious suggestions for providing services more efficiently during fiscally tight times. Minutes September 1, 1992 Page 7 19. COUNCIL COMMENTS Councilwoman Horton: · Forming a local enterprize zone in the Southwest Project Area. Councilwoman Horton stated that several months ago Council approved an application to the State to form a local enterprise zone and the City had been informed that the application had been denied. It had since been brought to her attention that the City could form a local enterprise zone which would help to stimulate the economy, bring in new development, and promote new businesses. She recommended that it be sent back m staff for evaluation for the Downtown Centre Project Area and the Southwest Project Area. Enticements could possibly include the elimination of the design review process, Downtown Association committee, and possibly Planning Commission. Further enticements could be fee reductions and/or waivers, possible tax sharing incentives, and creative use of public improvement plans, and possible density bonuses. MS (Horton/Nader) to refer to staff to bring back a proposal for a Chula Vista enterprise zone. Mayor Nader stated that as part of the report he would like staff to look at Escondido's program and any other local programs of a similar nature that could offer suggestions or comparisons. VOTE ON MOTION: approved unanimously. Councilman Moore: · Councilman Moore stated that there was a deliberate attempt by at least five western states to entice companies from California. Many of the companies being targeted were viewed as possibly having environmental problems. He felt it was time that something be done regarding the environmental laws, i.e. how written and enforced. If the local governments had the authority to enforce the laws and were given more flexibility in the timeline, he felt the environmental concern could be met. He would order a package for Council review, through a business, as he felt it was an "eye opener". Councilman Malcolm: · A letter of opposition from the Mayor to Governor Wilson regarding cruise ships with gambling being prohibited from stopping at more than one city port. Councilman Malcolm stated that he was upset over a bill that went through both Houses and was signed by the Governor that prohibited cruise ships, if they went to more than one city in California, from allowing gambling. Therefore, the cruise ships that went up and down the coast would not be stopping in San Diego any longer. The Governor's office suggested that instead of critizing the legislature for passing the bill, cities suggest appropriate language to amend the bill. He felt the bill could be amended easily, as there was already a bill that had been passed which defined cruise ships. MSC (Malcolm/Nader) to direct staff to work with the Economic Development Commission to draft revision~ which could be presented to the Governor and the Attorney General and to ask them to sponsor legislalion that would make the prohibition one that would not affect legitimate cruise ships coming into San Diego. Councilman Rindone: · Councilman Rindone stated he had attended the ribbon cutting for EastLake High School and felt EastLake could be proud of the facility. It was a beautiful school which contained many environmental and energy saving aspects. He also commended the City of Chula Vista in their cooperative relationship particularly in the utilization of the taxpayers best interest for the joint usage of the EastLake library. Minutes September 1, 1992 Page 8 , ADJOURNMENT The City Council recessed at 4:52 p.m. and met in a closed session at 5:30 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley Lawsuit - Siroonian vs. City of Chula Vista Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay Municipal Water District. ADJOURNMENT AT 6:25 P.M. to the Regular City Council Meeting on September 8, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk A Special Joint Meeting of the City Council/Redevelopment Agency began at 4:53 p.m. and adjoumed at 5:15 p.m.