Loading...
HomeMy WebLinkAboutcc min 1992/01/28 MINtrI~S OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, January 28, 1992 Council Chambers 6:07 p.m. Public Services Building C_~! J.~J~ TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vickl Soderquest, Deputy City Clerk 2. PLEDGE OF AIJ.~GIANCE TO THE FLAG, SIKENT PRAYER 3. APPROVAL OF MINIYI~S: None submitted. 4. SPECIAL ORDERS OF THE DAY: None. CONSENT CALENDAR (Items Pulled: None) CONSENT CALF-NDAR OFFERED BY COUNCILMAN RINDONE. reading of the text wa~ waived, pas.~d and approved unanimously, except for Item 12 which was passed and approved 40-0-1 with Coullcl'lwoman Grasser Horton abstaining. 5. WRI-I-r.~NI COMMUNICATIONS: a. CIaim~ against the City - Claimant No. 1: Jose Jesus O. Cardona, c/o Sofia L. Nietes, Attorney at Law, 24475 Sunnymead Blvd., Suite K, Moreno Valley, CA 92553; Claimant No. 2: Aureliano Tenorio, c/o Sofia L. Nietes, Attorney at Law, 24475 Sunnymead Blvd., Suite K, Moreno Valley, CA 92553. It is recommended that the Application for Permission to File Late Claims on behalf of Jose Jesus O. Cardona and Aureliano Tenorio be accepted; and, that the claims be denied. b. Letter conveying support for the Commission 200 C, itiz~n pand recommendation to ~tabK~h a professional staff position for a Director of Arts and Cultural programs for the City of Chula Xrtsta - Jess Stoddart, Chair, City of San Diego Commission for Arts and Culture, 1010 Second Ave., Suite 555, San Diego, CA 92101. It is recommended that this letter be considered along with tonighes agenda item on the Cultural Arts Coordinator position. c. Requestforfinancialassistancetoattendthe1992YouthLeadershipConferenceatFre~dom~ Foundation at Valley Forge, Pennsylvania - Tom Barnett, 1381 Valencia Loop, Chula Vista, CA 91910. It is recommended that Mr. Barnett's request for funding be denied, but that the City Council encourage the new~ media to assist in whatever way they can to publicize Mr. Barnetes search for financial sponsorship. Minutes January 28, 1992 Page 2 Mayor Nader hoped staff would distribute an advisory to the media, provide a copy of the letter received to the media, or put the information on the tapes of the meeting for the public to view with information on how they could contribute financial support. John Goss, City Manager, stated a letter would be provided to the media. He thought it was very effective when the person attended a Council Meeting and stated their request. d. Request to purchase police patrol cars no longer in use by the City- Mayor Carlos Montejo Favela, City of Tijuana, 21 de Enero 1992, Tijuana, B.C. It is recommended that this letter be acknowledged and that Mayor Favela be informed that the City will continue to work with the City of Tijuana in this mutually beneficial venture. 6. RESOLDTION 16476 APPROVINGEXPENDITUREOFSPECIALASSETSEIZUREFUNDSFORLAW ENFORCEMF2qT EQUIPMENT AND APPROPRIATING FUNDS - The Comprehensive Crime Control Act of 1984 provides for the distribution of seized and forfeited assets to the agencies participating in an investigation which results in a seizure. These funds are disbursed to supplement the effectiveness of law enforcement agencies, not supplant the regular agency budget. Police Department staff submitted a list of fourteen items for Fiscal Year 1992, four of which have been approved by the City Manager and are proposed herein. Staff recommends approval of the resolution. (Chief of Police) 4/Sth's vote require& Councilman Kindone expressed his appreciation to staff for their excellent answers to his questions, but hoped staff would consider the Neighborhood Watch as a viable function of prevention for police services for the City. 7. RESOLUTION 16477 AMENDING FISCAL YEAR 1991-1992o PROVIDING FOR AN UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE ACCOUNT - It was agreed that staff would not request a line item budget for Unemployment Insurance bur would rather request an appropriation from the Unemployment Insurance Trust Fund each quarter when claims are due and payable. Staff recommends $13,429 be appropriated from the Unemployment Insurance Trust Fund to Unemployment Insurance Account No. 100-0700-5234 and expended by authorization and approval of the Finance Director. (Director of Personnel) 4/Sth's vote required. 8. RESOLUTION 16478 APPROPRIATING $11,500 FOR LEGAL EXPENSES ASSOCIATED ~vrrH PROVIDING LEGAL COIJNSEL TO THE CITY OF CHULA VISTA CIVIL SERVICE COMMISSION - Due to the unexpected amounts of appeals, the Personnel Office and the City Attomey's Office feel the Civil Service Commission should have an attorney counsel for the Board during appeals. Staff recommends approval of the resolution. (Director of Personnel) 4/Sth's vote required. Mayor Nader stated that after an extensive discussion with the Assistant City Attorney he would, with some reluctance, vote for this item. However, during the budget process for the coming fiscal year he would like to review what measures were being taken to avoid the need for duplicating legal services to both the board and the department in civil service proceedings. 9. RESOLUTION 16479 APPROPRIATING $13,600 FOR THE EXPENSES ASSOQATED WITH HAVING A COURT REPORTER TO RECORD THE CIVIL SERVICE COMMISSION APPEALS AND TO PROVIDE FINAL CER-n~IED TRANSCRIPTS OF THE PROCR~nlNGS - The City is required to provide certified, verbatim Minutes January 28, 1992 Page 3 transcript of all appeals. The service can only be done by certified transcriptions. The actual proceedings, by law, must be recorded and transcribed if any party requests a copy of the proceedings. Staff recommends approval of the resolution. (Director of Personnel) 4/Sth's vote required. 10. RESOLLrrlON 16480 ADTHORIZING THE LEASE OF COMMERCIAL OFFICE SPACR FOR THE CHULA VISTA LITERACY TEAM - On 1/23/90, Council authorized renewal of the lease of commercial office space for the Chula Vista Literacy Team. The Library desires to continue operating the Literacy Team office at this location and renew a lease with Jaime and Olivia Ramirez for commercial office space at 210 Landis Avenue. The lease term shall commence on 2/1/92 and expire on 6/30/92. Staff recommends approval of the resolution. (Library Director) 11. RESOLUTION 16481 APPROVINGANAGRREMENTBETWKRNTHECrlTOFCHLViAVISTAAND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE *J' STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPE MEDIANS - Resolution 16001 authorized the 14th amendment to an agreement with the San Diego Unified Port District for grounds and comfort station maintenance at "J" Street Marina, Bayside Park, and the landscape medians on Tidelands during Fiscal Year 90-91. Staff recommends approval of the 15th amendment to the agreement and authorizing the Mayor to execute said agreement. (Director of Parks & Recreation) 12. RESOLUTION 16482 CALLING A PUBLIC HEARING TO DETEILMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND LrI1LITY DISTRICT ALONG 'F' STREET FROM CHURCH AVENUE TO 100 FEET EAST OF SECOND AVENUE - On 1/8/92, an Underground Utility Advisory Committee (UUAC) meeting was held to consider the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The district is along "F" Street from Church Avenue to approximately 100 feet east of Second Avenue. The formation of the district is recommended at this time due to the completion of the Norman Park Senior Center and because said project is one of the top three utility conversion projects listed in the Citys adopted program. Staff recommends approval of the resolution and setting the public hearing for 2/25/92 for the formation of a utility undergrounding district. (Director of Public Works) Councilwoman Grasser Horton stated that her office was on "F" Street, therefore she had a conflict of interest and would abstain on this item. 13. RESOLUTION 16483 APPROPRIATING $10,000 FROM THE UNAPPROPPdA'IED RESERVE OF ~ GENERAL FUND FOR INSTALLATION OF A WATER METER AT THE TREE FARM AT 1-805 AND EAST 'H* STREET - At the 1/14/92 meeting, Council directed the City Manager to modify an agreement with Frank Fenceira to provide that in exchange for a donation of 500 trees, and voluntary future donations of trees, the City would permit Mr. Ferreira to operate a tree farm on excess City property. A clause in the Agreement provides that the City will cause the installation of a two inch water meter. This resolution will appropriate the necessary funds to install the meter. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. * * END OF CONSENT CALENDAR * * Minutes January 28, 1992 Page 4 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCA-91-02 - CONSIDERATION OF AN AMENDMENT TO THE MIJNIC~PAL CODE TO ALLOW AUTOMATED DRIVE-THROUGH CAR WASHES IN C-N NEIGHBORHOOD COMMERCIAL ZONES SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT - TEXACO REFINING AND MARKETING, INC. - Staff recommends Council place ordinance on first reading. (Director of Planning) ORDINANCE 2491 AMENDING SECTIONS 19.34.030 AND 19.58.060 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW AUTOMATED DRIVE-THROUGH CAR WASHES IN C-N NEIGHBORHOOD COMMERCIAL ZONES SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT (first readln~) Bob Leiter, Director of Planning, presented the staff report. Councilman Malcolm asked what staffs specific recommendation regarding the Resource Conservation Commission (RCC) recommendation was. He said the question was whether they wanted drive through car washes in the C-N zones. The recommendations regarding catching toxics, the use of recycled water, etc. was something the City should have in a design criteria that was mandatory for all new car washes. Mr. Leiter answered that staff looked at the issues when reviewing a proposal and dealt with it through conditions on a conditional use permit. Councilman Malcolm asked if the City now required the use of recycled water at all new car washes. Mr. Leiter answered that it was really the state-of-the-art as far as designing automated car washes. If the applicant did not propose it staff would definitely require that they do that. Councilman Malcolm said there had been a lot of problems in front of the car wash on "E' Street and Bonita Glen Drive where cars were driven out and the water fell onto the street. He asked if there were any type of conditions that staff recommended for maintenance of the streets around the car washes. Mr. Leiter answered that the proposed amendment to the code specifically addressed the location technology and that related drainage facilities be designed to minimize the potential for water from the car wash operation being carried off-site. He said staff could add additional conditions to a conditional use permit to make the applicant responsible for making any of those repairs. It was not addressed in the ordinance but could be included as a condition in any conditional use permit. Mayor Nader asked why not incorporate into the ordinance the recommendations of RCC. Mr. Leiter answered that he thought the recommendation regarding the "no net increase in water' should be related to any City-wide policy on that subject and worded so it pertained the same way as regulating any other land use that uses water. Mayor Nader asked if the ordinance dealt just with car washes in the C-N zone or if it pertained to any car wash in the City. Mr. Leiter answered that the change regarding drainage fac~ities would apply to all car washes and the other changes dealt specifically with neighborhood commercial zones. The ordinance could be amended to deal with either situation. This being the time and place as advertised, the public hearing was declared open. Minutes January 28, 1992 Page 5 Dave Mattson, 9966 San Diego Mission Drive, San Diego, CA 92110, representing Texaco stated that the Council's concerns were genuine. He said they operated ten self-service car washes in San Diego County. Their units had blowers and most of the water was left in the car wash and not to drip off and felt that could be taken into consideration in the future when looking at the conditional use permit process. He said about every aspect of a self-service car wash had been covered, a lot of information was developed and he hoped Council voted favorably on the amendment. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm asked if the ordinance could be amended to provide certain protection when building car washes. Bruce Boogaard, City Attorney, stated all automobile car washes had to be designed according to chapter 19.58 but could be amended to implement the conditions of the KCC. The ordinance read 'location, technology, and related drainage facilities shall be designed' and suggested inserting 'and constructed', then 'so as to minimize the potential for water from the car wash being carried off-site' and then add 'to provide a means, to collect and retain potentially toxic material, to use recycled water, to consume no greater amount of water currently consumed at the site at Council's option.' Councilman Moore said that Council did not want to deteriorate the streets whether it was minimum or any. He did not like the word minimize because that was open for debate, and also did not like the word prevent because there was bound to be some drippage. He did not know of any blower that could take 100% of the water off. Councilman Malcolm asked if the permit could be revoked if there was damage to the street and it was not repaired. City Attorney Boogaard said that would be a mandatory condition of a conditional use permit, it had not been done before but could be by amending the conditional use section. Councilman Moore said if the words "prevent damage from the wate/' were used, some water could go on the street and damage to the street would not be tolerated. City Attorney Boogaard recommended the language "to minimize to the extent technically possible or to indemnify the City for potential damage from water from the car wash operation being carried off-site.' Councilman Moore said he preferred "prevent damage from". ORDINANCE 2491, AS AMENDED BY THE QTY ATTORNEY, WAS PLACED ON FIRST READING BY COIINCILMAN MALCOLM, reading of the text was waive& City Attorney Boogaard suggested amending Subsection 4, Chapter 19.58.060 to read 'The car wash location, technology, and related drainage facilities shall be designed and constructed so as to prevent damage to the pavement from water from the car wash being carried off-site, to provide a means to collect and retain potentially wxic material, and to use recycled water." Mayor Nader stated he preferred the original language by Mr. Boogaard without specifying pavement damage. City Attorney Boogaard said it could be either "any damage' or 'pavement or any other infrastructure damage" whichever Council preferred. Minutes January 28, 1992 Page 6 Councilman Moore preferred "or any other infrastructure" sounded good. Mayor Nader said he suspected the reason the RCC made recommendations that appeared to be redundant as far as use of recycled water and "no net increase of water consumption' was that they probably wanted to avoid a situation where there was some use of recycled water and some use of unrecycled water. He asked if the City Attorney could draft the language or the condition to either incorporate the language of the RCC on 'no net increase of water consumption' or 'maximize use of recycled water' or 'use exclusively recycled or reclaimed water." City Attorney Boogaard said the original language suggested would read "...to use recycled water...' and could add "...to the extent possible and to consume no greater amount of water then currently consumed at the site.' Councilman Malcolm said that was unacceptable to him. Less water would be used by having a car washed through a recycled car wash than by a person washing it themself at home. Mayor Nader recommended "recycle all water used and to use recycled water whereever appropriate." City Attorney Boogaard suggested "to use recycled water to the extent possible.' Mr. Mattson said when a car wash used approximately three to five gallons per cycle, it was of new water and a cycle required the use of considerably more water which was recycled. He thought 'no net increase in water usage", meant to the City not specifically to the site. He said no one could build a car wash and not have a net increase in water usage if building on a vacant lot or adding on a car wash. Mayor Nader stated that reclaimed or recycled water was expected to be used to the extent available Vote on Ordinance as amended: approved unanimously. 15. PUBLIC HF_ARING MANDATORY RECYCLING ORDINANCE FOR TIIE CITY OF CHULA VISTA- The County Board of Supervisors in June 1991 adopted a Mandatory Recycling Ordinance. To avoid potential frees of the landfill and to assist in regional solid waste management, staff has drafted a Mandatory l~,ecycling Ordinance and Enforcement Policy for the City that meets the County requirements. Staff recommends Council place ordinance on first reading and approve the resolutions. (Administration) A. ORDINANCE 2492 ADDING CHAPTER 8.25 TO, AND RENUMBERING SECTION 8.24.195 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MANDATORY RECYCLING (first readinZ) B. RESOLUTION 16484 APPROVINGTHEMANDATORYRECYCLINGORDINANCEPROMOTIONAL AND ENFORCEMENT PROGRAM, ADOPTING COUNCIL POLICY AND APPROPRIATING FUNDS THEREFOR - 4/5th's vote required. C. RESOLDTION 16485 AMENDING FISCAL YEAR 1991-1992 BUDGET TO ADD A TEIVlPORARY POSITION IN UNCLASSIFIED SERVICE IN THE ENVIRONMENTAL MANAGEMEEt UNIT AND APPROPRIATING FUNDS THEREFOR - 4/Sth's vote required. City Manager Goss, brought to the attention of the Council, a memo that was a result of some additional discussions between the Conservation Coordinator and representatives of the City Attomey's office which passed along what staff characterized as minor, technical changes designed to tighten and clarify ambiguities in the original ordinance distributed. Minutes January 28, 1992 Page 7 Athena Lee Bradley, Conservation Coordinator, presented the staff report. Councilwoman Grasser Horton asked how the public was informed of where recyclable buy back centers were and if there was one location where paper, plastics, etc. could be taken. Ms. Bradley answered that staff, in response to telephone inquiries, mailed recycling guides published by nl Love A Clean San Diego County" which included a telephone number that could be called to find out the closest location. She said that staff was working on ways to encourage more buy back centers to collect all recyclables at one location. Mayor Nader asked why permits were required for a commercial entity to maintain a compost pile. Ms. Bradley answered that a state permit was required for any commercial established composting system. Mayor Nader said that the ordinance, as written, stated "...any commercial entity establishing a compost pile._~ and asked if a person with a composting pile within their own business was required to have a state permit. He thought the same criteria should be applied to commercial entities that do there own eomposting as applied to residential, i.e. requiring a permit if the compost pile was greater than fifteen cubic yards. Ms. Bradley answered no and said that it could be a technicality and staff would work on that. The initial intent was to regulate commercial establishments accepting compost. This being the time and place as advertized, the public hearing was declared open. Teresa Aland, 14323 Nacion Ave., Chula Vista, CA 91911, spoke in opposition to staff recommendation. There being no further public testimony, the public hearing was declared closed. Councilman Rindone stated it was important that the best possible sen-ice be provided to residents at the most economical price. He felt that the potential contract should go to the bid process. Mayor Nader stated he thought Council had already determined that future contracts should go to bid. Ms. Bradley said there were some legal concerns. Mayor Nader stated that he was sure the City Attorney would give Council advise at the appropriate time. He said when the franchise was awarded to Laidlaw for single family curbside recycling, there was a provision requiring their fee be reduced by the profit they might make by recycling. He said long-term recycling was expected to become a more profitable business and customers would get credit for the profit from recycling and asked if the ordinance provided for a similar mechanism. Ms. Bradley answered that the ordinance had the same provision for the rate as the single family ordinance, providing for a credit against the rate for any profit expected. She and the City Attorney were considering revision to Chapter 8.24 to either put it in the fee schedule or to make it concurrent so it was internally consistent. City Attorney Boogaard said the credit was incorporated in the rate setting policy discussion held each year and it was staffs policy to seek landfill diversion credits in the negotiation process but it was not mandated in the ordinance. Minutes January 28, 1992 Page 8 Mayor Nader thought it should be mandated and understood credit was received for both landfill diversion and the sale of recyclables. Councilman Malcolm asked what the estimated increased cost would be per household per month for recycling. Ms. Bradley answered it would not affect the current rate charge but could potentially reduce the charges if everyone started recycling and using the curbside program. Mayor Nader asked how much the fees were. He understood the fees were not incorporated into the trash rates for commercial, industrial or multi-family users, but was a separate fee. Ms. Bradley stated that it would be decided when it went to bid. She said there should not be an additional cost for single families but charges would be implemented for multi-family, commercial and industrial. The charges would be decided based on the hauler and the cost for collection and calculated by the cost of collection minus the diversion credits. She assumed the cost for multi-family would be comparable to single family units but did not know for commercial. The programs being set up under the Business Recyling Outreach Project were not costing the businesses anything because they were sort separating the material, and the sale from the materials covered the total cost of collection. Mayor Nader asked what the estimated cost for the average user would be if recycling was not implemented. Ms. Bradley answered that in addition to the fines, she assumed that the Counters disposal increases would continue at the 25% rate that it had been for the previous three years, or more, given the landfill closures. Mayor Nader stated a business that did their own composting should not be subject to additional permitting requirements and should have to follow the same criteria as a residential composting pile. City Attorney Boogaard said by amending Subparagraph A to read "omitted" and Paragraph B to read ~every establisher of a composting pile, bin, holding area or such other composting system shall first obtain a permit from the City, if the total volume used within the boundaries of the premises for composting is fifteen curb yards or greaterH would accomplish the purpose. ORDINANCE 2492, AS AMENDED, WAS pLACI~.D ON FIRST READING BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. RESO LUT[ONS 16484 AND 16485 WERE OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved unanimously. Ms. Bradley answered that she would like to bring the issue to Council as soon as possible, primarily for the yard waste collection as it would be best to start a pilot program for yard waste in spring, carry it through the summer and go City-wide in the fall in order to meet the mandatory ordinance. Additionally, in the commercial sector, recycling programs throughout the City had already started with businesses. 16. PUBLIC HEARING ON WIDENING BROADWAY FROM ~F' STREET TO 'I' b~rREET - On 11/7/72, Council passed Resolution 6655 adopting Council Policy 576-12. This Policy requires a public hearing before Council prior to any action widening travel ways within the City. During the 1990-91 Capital \ Improvement Program (CIP) budget process, Council approved funding to widen Broadway from ~F~ Street .,) to 'I' Street. On 12/16/91, staff met with property owners and tenants potentially impacted by the Minutes January 28, 1992 Page 9 widening. The report summarizes the proceedings of that meeting. Staff recommends approval of the resolution and acceptance of the report. (Director of Public Works) A. REPORT BY THE CITY ENGINEEI~ ON A MEETING WITH PROPERTY OWNERS FOR WIDENING BROADWAY FROM ~F" 51REET TO "I* STREET B. RESOLUTION 16486 DIRECTING STAFF TO COMPLETE THE DESIGN AND FINAL PLANS FOR THE WIDENING OF BROADWAY FROM ~F* STREET TO *1' STREET Cliff Swanson, City Engineer, presented the staff report. Councilman Rindone asked what the plans were for reducing apprehension for businesses concerning customers when their area was under construction. He was pleased to see in the staff report that an effort would be made on a daily basis to ensure that there would be access, without exception, to all businesses even though there may be some inconvenience with parking. Mr. Swanson answered that staff would require the contractor to do only half a driveway at a time, thereby allowing access in and out. The inspectors also worked with the contractor to make sure customers could get in and out of the stores. Councilman Malcolm stated he was disappointed in the staff report and information because it did not include a fiscal impact report and he asked how much it would cost+ Mr. Swanson answered $2 to $3 million. Councilman Malcolm asked why the traffic would flow better with the $3 million project and said he thought there were streets more impacted which would be better to spend the money on. John Lippitt, Director of Public Works, said that the initial reason was that the pavement especially between "G" and "H" Streets, was in bad condition. The pavement evaluation was that it needed entirely new pavement and that would be a lot of the cost. Once there and doing the work, the general plan required the street to be slightly wider and there would be more parking spaces in some places than at present. The medians were only at the intersections and not mid-block. He also said that between "F" and 'G" Streets there would be an added two way left turn lane that would assist businesses. Councilman Malcolm said that the proposed medians extended over half the length of the entire street. Councilman Moore said it was a main artery, probably the most heavily traveled needed a lot of maintenance, and it was probably the most logical time. His concern was to make sure that it was done in a fashion that was the least disruptive for the businesses. He thought the City should consider a waiver of signage so merchants could have good looking signs that would explain how to get to their businesses, Mayor Nader asked how much it would cost to put in left turn lanes instead of medians. Mr. Swanson answered that the cost would be near the same. Mayor Nader asked if there was formal input from the Broadway Business Association. Mr. Swanson answered only at the initial hearings. This being the time and place as advertised, the public hearing was declared open. Minutes January 28, 1992 Page 10 Roger Swift, 599 Broadway, Chula Vista, owner of the Burger King on Broadway and a Chula Vista resident, spoke in opposition to staff recommendation. Harciett Stone, 6566 Ridge Manor, San Diego, spoke in opposition to staff recommendation. Karen ZoBell, 2100 Symphony Towers, 750 'B' St., San Diego, CA 92101, representing Big Seven Motels, spoke in favor of staff recommendation and asked to be notified of future meetings concerning medians and construction in that area. Betty Cho, manager for Travel Lodge on Broadway and 'G' St., spoke in opposition to staff recommendation. There being no further public testimony, the public hearing was declared dosed. Councilman Moore asked what the schedule for construction would be during the Holiday Season. Mr. Swanson answered that the contractor would be requested to work on the west side, complete that prior to October 30th and then do no more work until the month of January. MS 0~lalcolm/Nader) to amend the resolution to delete medians. Councilman Moore said he could not support the motion because stacking lanes were very important, left hand turn lanes were very important. He might have some question with the length but staff had convinced him that if there was a lot of traffic and a lot of that traffic was going to turn left, it was better to have a longer stacking lane than it was to have a short one. Councilman Kindone asked if the maker of the motion would be willing to amend the motion, to include 'except on 'Hu Street" because he thought the turn lanes were needed there and the islands were necessary because ~H~ Street had heavy cross traffic. Councilman Malcolm stated he could not accept the length of the medians that staff proposed. Mr. Lippitt said that staff would return with a redesign if Council wanted changes. Councilwoman Grasser Horton said in looking at the future and if the Bayfront Plan went through, 'F' Street would be a heavily trafficked intersection and she thought it would be pertinent to include the raised median for that intersection. She also asked that staff address safety issues and the traffic problems with painted versus raised medians. Mr. Swanson said staff had experienced traffic at the shopping centers which would cut from one driveway on the west side of Broadway, across all four lanes of traffic into the shopping centers on the other side. Another example was the median island at Fourth and "E~ Street where there was a painted solid median and by law was illegal to cross. Staff observed cars coming out of the alley and going around the end of that median to go south on Fourth Avenue. In addition, a lot of cars were driven out of the driveway in the south bound lanes far enough to get around that median to go north bound. There had also been traffic congestion at Fourth and 'H' where people often sat in the travel lanes to wait to cross traffic to get into the banks which blocked the intersection or would pull into the left turn lane across the painted median and sit in the turn lanes until the through lanes cleared. It was unsafe and tied up the left turn lanes until the car was able to move. Councilman Rindone asked if funds would still be obtained if a delay in the design occurred. Minutes January 28, 1992 Page 11 Mr. Swanson said as long as staff had clear direction as to the other medians, they could proceed with the design of the remainder of the project and bring that back while doing the design for the rest of the project and still make the construction deadline of June 30th. Councilman Malcolm said he had a problem with the priorities being set up in the whole project. His intent of the amendment was to eliminate all medians except at "H" Street and Broadway providing it did not exceed 150 feet. The 400 foot median staff suggested was unacceptable. Mayor Nader said the maker of the motion was allowing a 150 foot median at Broadway and "H" as pan of the amendment and as the second he would accept that. VOTE ON AMENDMENT: to remove medians except for 150 foot at Broadway and 'IF Street. Approved 3-2 with CounciLman Moore and Councilwoman Grasser Horton opposed. Mayor Nader said staff had received a recommendation to set up a committee for staff to consult with in devising the plan to be brought back to Council and he did not see it incorporated into the resolution. He thought it was not only a good idea but also a necessity to make sure that the needs of the business people on Broadway were addressed early in the process. VOTE ON RRESOLUTION AS AMENDED: approved 4-1 with Councilman Malcolm opposed. MS (Moore/Nader) that staff be directed to form an implementation committee to be in place prior to construction as to the phasing and the follow up. Mayor Nader said the committee should be composed primarily of business people or representatives of business people who were affected or had some expertise in the area. He suggested staff inform the Mayor and Council, via a memo, of the composition of the committee when it was formed and solicit Council's input as to any additional members to be recruited. Councilman Moore suggested recruiting a representative from the Executive Board of the Chamber of Commerce that had an overall picture. Councilman Malcolm suggested that the three people who spoke during the public hearing be invited to participate. VOTE ON MOTION: Approved unanimously. MSUC (lVloore/Nader) to direct staff to come forward with a recommendation as to special signage waivers during conslraction and use that with the implementation committee. ORAL COMMUNICATIONS None. Minutes January 28, 1992 Page 12 ACTION ITEMS 17. REPORT B~ OF A FUlL-TIME PERMANENT CULTURAL ARTS COORDINATOR FOR THE CITY OF CHULAVISTA - At the 12/10/91 meeting, the Cultural Arts Commission made a request to Council to reconsider funding a full-time Cultural Arts Coordinator position in the City. Council directed staff to return with a report which would address the advisability and alternatives of funding this position for the balance of this fiscal year. This report speaks to the benefits of a full-time Cultural Arts Coordinator this fiscal year, versus postponing the request until the Fiscal Year 92-93 budget process. Staff recommends Council accept the report and refer this to the Fiscal Year 92-93 budget process. (Director of Parks & Recreation) Dency Souval, 698 Gilbert PI., Chula Vista, CA 91910, Chair of the Cultural Arts Commission, spoke in opposition to staff recommendation. She stated that the Cultural Arts Commission still wished to support a full-time Cultural Arts person. Due to funding though, she requested that a part-time position be filled as a compromise to staffs report. She said the Cultural Arts Commission would be willing to assist in trying to obtain funds from other sources. MSUC (Malcolm/Rindone) to accept staffs recommendations and refer this to FY 92-93 budget process and that letters be sent to appropriate agencies for funding supporL 18. REPORT HILLTOP PARK PUBLIC SAFETY AND PARK MAINTENANCE CONCERNS -At the 8/13/91 meeting, a group of concerned citizens provided testimony to Council regarding public safety and park maintenance issues at Hilltop Park. The Department was directed to evaluate these issues and develop an action plan to address these concerns. Staff recommends Council: (1) accept the report; (2) Direct staff to prepare a City-wide Park Hour and Alcohol Restriction Ordinance within 30 days after proper notification to all residents; and, (3) Approve the Department's action plan to address the concerns of the Hilltop area residents. (Director of Parks & Recreation) Jess Valenzuela, Director of Parks & Recreation, presented the staff report. Councilman Rindone said he was opposed to trying to treat all parks the same with an ordinance. Eugene Otto, 83 Millan Ct., Chula Vista, CA 91910, representing the Hilltop Park Coalition, spoke in favor of staff recommendation. He stated that the residents had not seen park rangers patrol the park. He also said they would like to see the process move more rapidly. Ben Aginiga, 66 Millan Ct., Chula Vista, CA 91910, a member of the Hilltop Park Coalition, spoke in favor of staff recommendation. Councilman Malcolm said the City had not responded quickly enough to the problems at Hilltop Park but he felt there needed to be some flexibility in the park hours for families wanting to barbecue, etc. Mr. Aginiga stated that there was a concern on having barbecues in the park because there were no proper disposal areas for the coals. The hours were a matter brought out as significantly impacting the neighbors and they were looking for a compromise. Councilman Moore stated that on the staff report there were fifteen items and he only saw three items that should be brought to the policy makers (items 6, 12 & 13), the rest were just good managerial decisions and actions. Minutes January 28, 1992 Page 13 Mayor Nader asked if closing at 6:00 p.m. or 7:00 p.m. during the winter months would not be acceptable. Mr. Otto answered that he would have to check with his group. The park at one time did close at dusk and he believed that was what they wanted to go back to. Mayor Nader said that when the proposed ordinance was brought back for consideration by Council it might be useful to have some options built in for Council to consider. Possibly having a different set of winter hours or some mechanism for flexibility depending on the situations at different parks because they did not want to close every park at dusk. Councilman Rindone said there was definitely a problem at Hilltop Park that needed to be dealt with. The two parks in Chula Vista creating the most problems had single entrances in and out. He suggested that future parks not be designed with a single entrance. MSUC (Rindone/Malcolm) to accept staffs report and direct staff to bring back recommelldations ~ all conditions in rdation to Hilltop Park, Le. hours, alcohol, security measures, lighting, etc. Staff should include cosB of additional patrols and move forward with administrative functions. Bring back as an urgency ordinance in two weeks. MS {Nader/Grasser Horton) to have staff bring back an ordinance for consideration to rasRic[ the use of alcohol between the hours of dusk end 7:00 a.m. at all parks except by permit. Councilman Malcolm and Rindone both said they disagreed and could not support the motion. Peggy Smith, 87 "K" Street, Chula Vista, stated that she thought the City should stay with the current noise and disorderly conduct ordinance which the City already had. VOTE ON MOTION: failed 1-4 with Councilmembers Grasser Hotton, Moore, Malcolm, and Rindone opposed. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pLq.I.F.D FROM THE CONSENT CAI.F-NDAR None. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) a. City Manager Goss said there would be a Council tour on Saturday, 2/1/92, at 8:00 a.m. with the Design Review Board. Minutes January 28, 1992 Page 14 20. MAYORS REPORT(S) a. Mayor Nader said all on the Council had heard complaints about the Citys sign ordinance, the time it rook to get a permit, stories of people going through the process multiple times and not being told after multiple denials what it was going to take to get an approval. Probably 90% of the complaints would pertain to what he called the subjective rules in the City's ordinance. There were certain rules in the ordinance that were easy to understand, i.e. sign size and placement. There were other rules in the ordinance that were more subjective and gave tremendous discretion to the staff that reviewed applications and the Design Review Committee. He suggested the ordinance be revised to retain the objective criteria but change the burden of proof on the subjective criteria and specifically to: (1) presume that a sign application that meets all of the objective criteria was approved if the applicant was not told otherwise within a short period of time and to put the burden of proof on those that wanted the permit denied rather than those that wanted it approved; (2) provide an automatic approval for a sign permit that conformed to the objective criteria ff action was not taken in a short time; and (3) in the event that an application for a sign permit was denied within a short period of time, that denial should include specific directions to the applicant as to what modifications needed to be made to assure approval and that if a reapplication was submitted that conformed to that decision then approval should be automatic. He thought it would also be useful to define what a sign was. He was not sure a mural should automatically be classified as an overly large sign and that there should at least be some process by which it could be approved with discretion. Another thing discussed arose in conjunction with the Baja California newspaper request which was for a lighted sign which normally would not meet the standards of the ordinance. Their intent, as expressed, was to devote the use of that sign to community service announcements, announcements of City and other community events. He thought something that predominantly rendered a public serve should be eligible for exceptional treatment from a strictly commercial sign. MS (Nader/Moore) proposed revisions to the sign ordinance be referred to the City Attorney to develop into specific anaendlng language to bring back in three weeks for Council's consideration. During that l~ne the Chamber of Cornmpxee, Downtown Business Association, Broadway Business Association, Planning Commission, Design Review Commission, Economic Development Cornmission and anyone rise in the commtHklty With an interest should be invited to provide their input to the proposed revisions. Councilman Malcolm stated he would like to see the present sign ordinance with the recommended changes. He would not want to see the sides of every building painted with a mural or anything else without a permit. VOTE ON MOTION: approved unanimously. 21. COUNCIL COMMENTS Councilman Rindone Councilman Rindone stated that the rededication for the Terra Nova Park had been outstanding and he was particularly pleased with the end result. Everyone could be proud of that newest and redesigned park in the City. Staff was to be congratulated for their diligence in carrying the project out and also for their working relationship at Woodcrest to bring this culmination to a very beautiful neighborhood park. Councilman Malcolm: a. Councilman Malcolm stated that he would be unable to attend the Council tour on 2/1/92. Minutes January 28, 1992 Page 15 b. Councilman Malcolm suggested that additional staff reports be made available for the public at City Council meetings. c. Councilman Malcolm stated that he and the Mayor were planning to attend the National League of Cities Conference in Washington, D.C., March 7 - 10, 1992, although there was money budgeted for only one person. MSUC (Malcolm/Moore) to authorize two members of the City Council to attend the conference with funds to come out of the current Counc~ budget. Councilman Rindone thought it was important if more than one member of the Council wanted to attend a conference and it was not in the budget, it should be brought to the attention of their colleagues for consideration. He also thought it important for Councilmembers to inform their colleagues when attending a conference so it was not second hand information and provided for good notification. Councilman Moore said bringing back key items in printed form was always good. He said that in most years it had been budgeted for two but in the last year or two it had been cut to one. d. Councilman Malcolm said he attended a meeting of the Auto Park Task Force because the Mayor had been unable to arcend. The Auto Park Task Force voted unanimously not to have the existing vacancy filled and as Vice Mayor he made the decision not to fill it per their recommendation. Counc~man Moore concurred that the Auto Park Task Force was winding down. e. Councilman Malcolm said he wanted to place a motion on the floor before time ran out to require run-off elections in the next Council election. He thought there would be ten to twelve people running for the seat he vacated and thought it inappropriate to have someone take the seat that only received 25% or 30% of the vote. He said it would be expensive but the City needed to pay sometimes to keep democracy working at its best. He wanted to wait to see if the Charter Review Commission made a recommendation but hoped the Council would give it serious consideration. Mayor Nader stated that if it were placed on the November ballot there would be no cost because there was already going to be a November election. An item on the June ballot would cost the City money. He also said the City might not want to have run-offs in all elections and hoped the Charter Review Commission would take it up in more depth. Councilman Moore: f. Councilman Moore said the results of the review of Council referrals was before them. It started with over 300 referrals, now it was down to about 125 and additional suggestions could lower it more. The City Manager and staff would retain a separate tickler for what they had on-going. MSUC (Moore/lqader) to approve the Council tickler file as submitted and incorporating the Mayors cornmanias. g. MSUC (Moore/lqader) to reappoint Hubert A. Christensan, Stevan Jay Harm, Wffi T, Hyde, Nancy L Palmet, Charles G. Peter, and Frank Tarantino to the Growth Management Oversight Cornminion and appoint Planning Commission representative Joarm Carson. Mayor Nader said that would leave two positions to fill and reminded Council that Saturday, 2/15/92, 8:00 a.m. had been scheduled for interviewing candidates for the remaining two seats. Minutes January 28, 1992 Page 16 Councilman Moore said Council would like to review the area or expertise they represented and the term should probably be on the same agenda. Council would interview and make the appointments and staff should go ahead and set up a GMOC meeting after the 15th of February. At the suggestion of Councilman Rindone, the time of the meeting was changed to 9:00 a.m. ADJOURNMENT The City Council recessed at 9:50 p.m. and met in a closed session at 9:55 p.m. to discuss: Pending litigation pursuant to Government Code Section 54856.9 - SR 125. Potential litigation pursuant to Government Code Section 54956.9 - Claim of Claudia Esquer. Adjourned at 10:48 p.m. to the Regular City Council Meeting on February 4, 1992 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 9:45 p.m. and adjourned at 9:49 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ' ' '