Loading...
HomeMy WebLinkAboutcc min 1992/09/08 MINLrYES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 8, 1992 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Richard D. Rudolf, Assistant City Attorney; and Beverly A. Authelet, City Clerk 2. pLEDGE OF At LEGlANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: August 18, 1992 and September 1, 1992 MSUC (Rjndone/Horton) to approve the minutes of August 18, 1992 and September 1, 1992 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Catherine Reita Jamison - Town Centre Project Area Committee. Ms. Jamison was not in attendance. CONSENT C, AI .RNDAR (Items pulled: none) CONSENT CAI .RNDAR OFFERED BY COUNCILMAN RINDONE, reading o[ the text was waived, passed and approved unanimously. 5. WRiI-rEN COMMUNICATIONS: a. CIaims Against the City:. ClaimantNo. l-Ms. DorothyM. LopezandClaimantNo. 2-Mr. Guillenno Catalan, c/o Paula S. Rosenstein, Attorney at Law, S01 W. Broadway, Suite 13S0, San Diego, CA 92101; Claimant No. 3 - Amir Kolahzadeh, Law Offices of Julie Palaferri, 83S Fifth Avenue, Suite 40S, San Diego, CA 92101; Claimant No. 4 - Mr. Robert C. Miller, 3S3S Boston Avenue, San Diego, CA 92113; and Claimant, No. S - Ms. Beaulah G. Farmer, c/o Riberlo Law Corporation, Box 928, San Diego, CA 92112. It is the recommendation of the City's claims adjustors, Carl Warren & Company, concurred by Risk Management that the claims be denied. 6. RESOLUTION 16801 ACCEPTING BIDS AND AWARDING CONTRACT FOR "SEWER ENLARGEMF2NT IN QUINTARD SII!F~T BETWF//~ THIRD AVENUE AND SECOND AWlfOE AND IN SECOND AVENUE BETWEEN PALOMAR SfREET AND QUINTARD STREET' - On 8/19/92, sealed bids were received by the Public Works Director. The work to be done consists of replacing an existing 8-inch sewer with a new 15-inch sewer main. Staff recommends approval of the resolution awarding the conlract to Ortiz Corporation in the amount of $103,970. (Director of Public Works) Minutes September 8, 1992 Page 2 7. RESOLUTION 16802 AUTHORIZING THE ADDITION OF CIP TF1S1, A LEFT TIJRN TRAFFIG SIGNAL ON 0TAY LAKES ROAD AT RIDGEBACK ROAD, TO FISCAL YEAR 1992/93 CAPITAL IMPRO~ PROGRAM; AND APPROPRIATING $11,200 THEREFOR - In 1991, staff received a letter from Bonita Vista 3unior High School requesting that a left turn traffic signal phase be installed on Otay Lakes Road at Kidgeback Road/Canyon Drive. The requested green time for a left turn movement will provide protection and reduce delay for the large number of school buses making the turn in the morning. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. 8. RESOLUTION 16803 APPROPRIATING FUNDS, ACCEPTING B1DS AND AWARDING CONTRACT FOR *SIDE'¥VALK ]NST~,I-IATION ON THE SOUTH SIDE OF E STREET FROM CORTE MARIA AVENUE TO HILLTOP DR1VE' - On 8/26/92, sealed bids were received by the Public Works Director. The work includes traffic control, removal and disposal of existing improvements, relocafion of existing irrigation line, sidewalk, pedestrian ramps, keystone retaining wall at back of sidewalk, protection and restoration of existing improvements, installation of trees and shrubs, construction surveying, and other miscellaneous work. Staff recommends approval of the resolution awarding the contract to Hammer Construction in the amount of $51,871. (Director of Public Works) 4/Sth's vote required. 9. REPORT PROPOSED MISSION STATEMENT RI.~.MENT FOR THREE YEAR STRATEGIC PLAN - On 5/5/92, Council directed staff to revise the Draft Strategic Plan to include an additional element regarding quality program design. The report recommends a Strategic Plan Mission Statement and an additional strategy for inclusion in the Plan. Staff recommends Council accept the report. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR. * * PUBLIC HEARINGS AND RRIATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING AMENDING THE FISCAL YEAR 1992/93 BUt)GET TO ACCOUNT FOR REVENUE REDUCTIONS FROM THE STATE OF CALIFORNIA - On 6/16/92, Council adopted the 1992/93 operating budget with the understanding that there would be a revisiting of that budget after the State adopted its budget and the impact of the State budget cuts on the City were known. At the same time, a hiring freeze was imposed (except for certain public safety positions) in order to position the City for any severe State revenue take-aways, which fortunately did not occur. On 9/1/92, the State budget was adopted and the major impacts of this budget on the City are now known. A proposal for amending the City's 1992/93 budget is hereby offered in order that the City can get on with its business of providing service to the public. Staff recommends approval of the resolution and elimination of the hiring freeze. (Administration) 4/Sth's vote required. City Manager Goss gave a review of the minor changes to the staff report. The State adopted their budget and it was felt that the impact upon the City of Chula Vista would be approximately $950,000 from the General Fund. The recommended reduction in the City~s budget was based on the assumptions that the existing service levels to the general public should not be reduced, general fund reserves should not be used ro balance the budget, the budget should meet the obligations with the MOLPs with no layoffs, and it set the stage for the next fiscal year. He was also recommending cuts of approximately $1 million in the City's expenses this fiscal year. A 2% target for cuts was utilized for the depart~nents. Under fiscal impact, the previous recommended budget was $51,745,000 and due to the proposed changes, the recommendation was now $51,733,628 which was a difference of approximately $12,000. Minutes September 8, 1992 Page 3 Councilman Moore questioned whether there had been a reduction in the City Council budget. City Manager Goss responded that due to the short time frame, there had not been an opportunity to communicate with Council regarding their operating budget, therefore the Council and Board and Commission budgets were untouched. There was a 50% reduction in the contingency fund. He felt any direction regarding operating cuts would need to come from the Council. Councilman Moore felt Council should also reduce their budget, i.e. reduce travel by a minimum of 50°6 and a goal to reduce overtime, mailing, and printing by a like amount. Mayor Nader stated he would want to see justification for such cuts. Councilman Malcolm stated there had been other savings in the Council budget. Not every Councilmember had been using the quarter time person. If the percentage savings was reviewed, including the cut in the contingency fund, the percentage was probably one of the bigger savings, percentage wise, in the City. He felt the Council was leading by example. He did not want to see any budget contingent upon the SDG&E item because the problem was one of what could be allocated and what the City could get. City Manager Goss responded that the budget was not contingent upon those revenues. He had mentioned it as a type of revenue the staff would be working on for the next fiscal year. Councilman Malcolm stated that he had attended the San Diego Port meeting, as Mayor Nader was unable to attend, and at the meeting Mayor O'Conner from San Diego asked the Port to reimburse them $12-13 million. The limit to the City of Chula Vista was approximately $800,000. It was unfortunate that all the cites supported stripping the Port of the revenues except the City of Chula Vista. The City's concerns were the bay water quality, improvements needed on MTDB, etc. The legislation allowed any one city to stop everyone from taking the money and he assured the Port and the cities that Chula Vista was still willing to work with them in discussing those items but they did not want the capital budgets and capital spending stripped by the City of San Diego's actions. Mayor Nader stated the City of San Diego was receiving an estimated $17 million in revenues from projects the Port paid for. The City of Chula Vista was receiving virtually nothing from projects the Port had paid for. The City had been paying their fair share of regional Port support to do the improvements to benefit the City of San Diego. Now that had been done and it was the City of Chula Vista's turn, Mayor O'Couner wanted to develop a fair share arrangement for the Port reserves for the five port cities. He felt the amount requested by the City of San Diego was disproportionate, not only to the relative benefits the cities had already enjoyed from the Port, but also disproportionate to the relative contributions cities had made to the Port and to the total size of the cities involved. Councilman Moore felt the cities should be fighting for major projects for the good of the entire county for decades, rather than a quick fix for this year or next year. He felt a workshop should be held to see how they stood as a Council. He still felt Council should reduce their budget. Mayor Nader felt they had come close to that in the existing budget. The contingency fund was cut by 50°,6 and he agreed that there could be possible cuts in overtime. There were new positions created in the City budget that did not previously exist, i.e. land surveyor, and questioned, due to the reductions in revenues, if it would not be wise to take a look at whether those positions should be added. No one had been hired into those positions due to the hiring freeze so they were not talking about a potential layoff of an employee. City Manager Goss responded that on positions such as that, staff had showed Council that there was actually revenue available that would pay for the additional expenditures. In many cases, they could cut Minutes September 8, 1992 Page 4 .\ a position but sometimes it did not do any good and was even counterproductive because they lost more revenue on the other side. The positions identified for Council, in terms that they would not be filled or frozen, were ones that would have a direct impact on the General Fund and impact the bottom line. Mayor Nader stated he understood what the City Manager was stating but non-General Fund revenue being used to support a position could be used to support something that the General Fund was currently supporting. He was not advocating that the positions be cut but that they hold-off on filling them until they could be looked at in more detail. City Manager Goss responded that he could support that and felt staff could come back in a workshop setting or subsequent meeting. Mayor Nader stated he was interested in getting more information on the following items: proposed reductions in the City Attorney's office and the Police Department. He would also like to see more information on how those reductions would be achieved without a reduction in senrice levels for the public; reduction in funds allocated for the purchase of Library books; and the small reduction in funds for the graffiti eradication program supplies. City Manager Goss responded that a certain amount had been budgeted for graffiti eradication and as it was a new program it had been a guess. After finding out what the actual experience was, it was felt that the budget was over and above the amount needed. Councilman Malcolm left the meeting at 6:39 p.m. and returned at 7:14 p.m. Rick Emerson, Chief of Police, stated that the department had reviewed the overtime budget and they were going to shift from a squad concept to a shift concept. There had been a review of the organization utilizing computer data generated over the last two years that showed the peaks and valleys of when senrice needed to be provided. It was projected that the change in the deployment pattern would allow them to free up some of the overtime usage they had. It would be implemented on 1/1/93 and would be for the dispatchers as well as patrol officers. Mayor Nader questioned where the plan stood on the voluntary four day work week for employees and if there was an estimated savings. City Manger Goss stated he had not seen such a plan as of yet but he would feel uncomfortable in bringing it to Council without talking to department heads to make sure it was a policy they could live with operationally. Councilwoman Horton questioned how many children would be displaced by the early closing of Lauderbach and Loma Verde Centers and what the ages were of the those children. Jess Valenzuela, Director of Parks and Recreation, responded that the early closure would be from 5:00 - 7:00 p.m. on Fridays due to the low activity on that day. The peak hours accommodated approximately 30- 40 children and during those two hours there were only 10-15 children. The ages of the children were from 8toll. Councilwoman Horton stated she was not comfortable with those cuts. By keeping the centers open those children were off the stteets doing something productive. She requested a report from staff on the relocation . of the animal shelter. She also requested information as to why it needed to be done in this fiscal year and to revisit a possible joint use situation with the County for a shared use facility with the one on Sweetwater Road. Minutes September 8, 1992 Page S Councilman Rindone agreed with Councilman Moore regarding his comments on the Port. The cities needed to work together for regional benefits, i.e. clean water and environment. He complimented Mr. Goss and his staff for their preparation of the report. He felt that in order to be able to meet the four objectives during hard economic times was commendable but not only was Mr. Goss proposing to meet those four objectives but he also set a stage to come up with fiscal management for 1993/94. He also recognized the Police Department and Building and Housing Department for being proactive in providing increased service levels at a decreased cost. He was pleased to see staff moving forward with the landfill mitigation fee as it was a substantial area for large amounts of revenue and that areas that provided direct service impact to the youth of the community were not affected. The public hearing was declared open. Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated that everywhere she went she saw expired automobile registrations. She questioned how much revenue was being lost to the City and State due to lack of enforcement. She also stated that as a disabled person, the tree trimmers, were needed. City Manager Goss responded that the recommendation regarding the tree Irirnmer was not designed to cut back on the level of service currently being provided, it was a vacant position that was currently being back filled by Work Fare people. While that continued he recommended that the position remain frozen. If that did not continue, or if the program came to a conclusion, he would come back to Council to revisit filling the position. There being no further public testimony, the public hearing was declared closed. MS (Nader/lVloore) adopt staff recomrnp~dations with the following modifications: 1) hold off on filing the land surveyor position in the Public Works Deparmaent; 2) hold off until fumher Council action expenditures on the animal shdter rdocation; 3) remove the cuts in Police and City Attoraey ovenlme, l~rary book purchases, graffiti eradication supplies, and the early closure of the two recreation centers ~ these are to be referred to staff for a future meeting for additional information; and 4) refer to staff the issue of enforcement regarding expired automob'fie regisnation. Councilman Moore stated he would not want to vote on reductions without some firm commiunent from the Council. He wanted to add another item which would reduce t~avel by 50% and a goal to reduce overtime, mailing, and printing by a like amount. Councilwoman Horton stated she could support the later part of his recommendation but as a new Councilmember she had found her one trip last year extremely valuable. Mayor Nader felt that the City saved from her travel last year far more money than it cost to send her to San Francisco. He thought Council had already gone through the travel budget and eliminated those costs included for two people and reduced it to one. Councilman Moore stated if that was done, he had not been involved. Councfiman Rindone felt the Council budget should be reduced but was hesitant on a percentage because it would be more a practice of a policy. He concurred with the consensus of the Council in that one member of the Council should be represented at the meetings. That one member should be the Mayor and ffhe was unable to attend then one of the Councilmembers should attend. He felt that could be monitored by the Council themselves. Minutes September 8, 1992 Page 6 City Manager Goss stated that staff had an opportunity to talk to all the department heads regarding their travel budgets and Council had not had that opportunity. He felt it would be better to come back and layout the Council budget and what it was set forth on. Council could then base their decisions on that information. AMENDIVIKNT TO MOTION: (Moore) direct staff to bring back additional information regarding the City Council Iravel for further review. Mayor Nader stated that the amendment was agreeable to the malrer of the motion and the second and would be accepted as a *fxiendiy amendment*. Dawn Herring, Budget Manager, informed Council that there was no staff recommendation to reduce ovextinle in the Attomey's budget. Counc~man Rindone stated that one of the Assistant City Attomel/s had voluntarily taken a reduction from five days to four days or a reduction of 20% of her assignment. Mayor Nader stated that was what he was referring to, his intent was that it not be cut from the budget until it was brought back to Council. Given the work load in the City Attomey's office it could be Council's desire orjudgement that it would be in the City~s financial interest to use those funds to obtain outside legal senrice. VOTE ON MOTION AS AMENDED: appmved 4-0-1 with Councilman Malcolm absent. Mayor Nader congratulated Mr. Goss on coming up with a package of expenditure reductions that did not involve lay-offs or deep cuts in public service levels. He felt the budget indicated the lean approach the City had taken. RESOLUTION 16804 APPROVING THE AMENDED BIJDGt~T FOR FISCAL YEAR 1992/93 11. PUBLIC HEARING PCC-92-40: CONDITIONAL USE PERMIT: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST TO CONb'i RUCTION INIIRIM FIRE STATION NUMBER SIX AT THE SOUTHWEST CORNER OF LANE AVENUE AND FENTON STREET; APpRIJANT - CALIFORNIA LAND ASSOCIATES - Appeal of Planning Commission approval PCC-92-40 for the City application to construct an interim fire station at the southwest comer of Fenton Street and Lane Avenue, 2396 Fenton Street. Staff recornrnen(L$ Connci] conceptually approve "Option 3" and continue the public hearing to the meeting of 9/22/92. (Director of Planning) Continued from the 8/25/92 meeting. Rober'c Leiter, Director of Planning, stated that staff had put together three options for Council review. The Appellant was opposed to the first two options but the third option met their concerns and would satisfy all objections which led to his appeal. The alternative was also reviewed by EastLake and they indicated that it was also acceptable. Staff would also bring back proposed amendments to the agreement for Council review. Ken Lee, Assistant Planning Director, reviewed the proposed architectural enhancements. Councilman Rindone questioned whether the egress for the access of the fire trucks was acceptable with the moving of the building. Sam Lopez, Fire Chief, responded that there would be no problem with the egress at that site. Minutes September 8, 1992 Page 7 Councilman Moore questioned that if the site became permanent, was it on a site that they wanted and could it be expanded. He further questioned whether the City had a policy that required that future fire stations would have capabilities to do multi-service and have more extensive yard space for major public works equipment. Mr. Leiter stated that the agreement with EastLake and the City still called for a one acre site which was originally identified to be reserved for a permanent facility and that would not change. Chief Lopez responded that Councilman Moore was correct. This being the time and place as advertised, the public hearing was reopened. There being no public testimony, the public hearing was declared closed. MS (Moore/R~done) to approve staff recommendation to conceptually approve Option 3 and continue the public healing to the meeting of 9/22/92. Assistant City Attorney Rudolf stated it was their understanding of the staff report that both EastLake and the Appellant were in accordance with the provisions of Option 3, if the Appellant was not in accordance he would like to hear from them now. Gordon Dunfee, representing California Land Associates, stated they were delighted with the architectural renderings, landscape, and relocation. It had always been their position that they would be delighted to have a permanent facility as a neighbor. VOTE ON MOTION: approved unanimously. 12. PUBLIC HEARING CONSIDERATION OF A RAISED MEDIAN ON TRI .RGRAPH CANYON ROAD THROUGH THE INTERSECTION OF APACHE DRIVE - On 6/23/92, Council directed staff to install a temporary sign prohibiting vehicles traveling eastbound on Telegraph Canyon Road from turning left to northbound Apache Drive during the weekday hours of 7:00 a.m. to 9:00 a.m. The temporary sign is to remain in place until construction of the Telegraph Canyon Road/Otay Lakes Road project is completed later this year. The Council further directed staff to explore the feasibility of constructing a raised median on Telegraph Canyon Road across Apache Drive as a permanent solution. Staff recommends Councfi approve the resolution. (Director of Public Works) Clifford Swanson, Assistant Public Works Director/City Engineer, reviewed the project. Staff concems were twofold; wanting to eliminate shortcuts and the impacts they had on the residents of Apache Drive area and to eliminate turns across three lanes of heavy traffic on Telegraph Canyon Road and then have to merge into traffic coming from the other direction. Staff recommended the installation of the full median. Councilman Malcolm questioned whether staff felt that at some date there could be a signal at that intersection. Mr. Swanson responded that they did not feel there would be a signal installed on Apache Drive. This being the time and place as advertised, the public hearing was declared open. Those speaking in opposition to the staff recommendation, due to the inconvenience to the residents of the area, increased response times of emergency personnel, requested that Council not take action until the construction was completed and then revisit the issue: Minutes September 8, 1992 Page 8 Richard Ballard, 1433 Southview Court, Chula Vista, CA 91910 Kelli Mahaffey, 1442 Southview Court, Chula Vista, CA 91910 (representing 12 families from the area) Those speaking in support of the staff recommendation, due to the severe problems on Apache Drive, i.e. speeding, heavy traffic, and total disregard of the no left turn signs: Dana Tago, 1538 C Apache Drive, Chula Vista, CA 91910 Vicki Madrid, President, Charter Point Home Owners Assoc., 1538 C Apache Drive, Chula Vista, CA James Mullen, 1525 Apache Drive, Chula Vista, CA 91910 Councilwoman Horton stated the problem with the modified median was that students would still be speeding, crossing Apache and entering into two lanes of traffic turning left. Her primary concern was safety of the community. She noted there would be a new fire station on Fenton that would respond to the area. Councilman Rindone stated that the siting of the transit center would be critical as it would alleviate the number of automobiles going to Southwestern College. He hoped that the citizens of the community would also help with that project. Art Sanchez, 1458 Southview Court, Chula Vista, CA, stated that when turning left from Telegraph Canyon Road onto Otay Lakes Road, towards the College, then making a left turn on Apache Drive, it was difficult to see the oncoming traffic coming rewards Telegraph Canyon Road from the College. He felt it was a dangerous situation. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm stated he could not vote for the median as he did not feel the City should spend $100,000 for a situation that could possibly be corrected later on when the construction was completed. He would rather wait to see what would happen after the improvements were completed and then make a determination of what was best for that particular area. Councilman Moore felt that more needed to be done about the shortcutting and speeding in the area. He recommended that a letter be sent to the students and faculty, i.e. put on cars, entice college to distribute, or post on bulletin boards. The violators caught could be given more than a normal ticket, such as community service. The key issue was safety. Councilman Rindone felt everyone would unanimously support the prohibition of crossing six lanes of traffic. Once the signal was in place on Otay Lakes Road and Telegraph Canyon Road there would be periods of time where the traffic would be stopped and would increase the safety. Therefore, it was currently a more dangerous situation now that it would be in the future. Before the construction began it was not a problem and he felt it would be alleviated once there was a double turn lane at the intersection of Telegraph Canyon and Otay Lakes Roads. He tended to lean towards Option 2 if assured there was good safety and convenience to the residents. Councilman Malcolm felt that during the six months for completion of construction Council should support increased patrolling and enforcement by the Police Department. Rather than installing the modified median, he would rather install some type of marking that would funnel people off Apache Drive to make a right turn and post no left turns. Then people wanting to leave Apache onto Telegraph Canyon Road to the east would leave through the Otay Lakes Road exit, which was the safest. MS (Malcolm/Nader) to refer to staff for additional enforcement unffi traffic construction was completed on Otay lakes and Telegraph Canyon Road and to come back to Counc~ with a report in three to six months Minutes September 8, 1992 Page 9 after completion of consu-uction with new traffic reports and recommelldations, and realign Apache Drive for right turns only from Apache Drive onto Telegraph Canyon Road (signage only - no left turns). Councilman Moore stated he did not agree with 3-6 months for a study and felt it could be done within 30 days. Councfiman Malcolm stated that people needed to change their habits and that three months should be a minimum. He felt the best thing to do now would be the modified portion, Options 1 and 2, and not prohibit the left rum lanes at this point which would be the deletion of Option 3. Mr. Swanson stated it was his understanding that Councilman Malcolm's intent was to prevent the left turns out of Apache Drive. MOTION WITHDRAWN: (Malcolm/Nader) MS (Malcolrn/Nader) to amend the Resolution 16805 to ddete Item #3. Mayor Nader stated the Safety Commission recommended unanimously to defer the raised median until the consnuction was completed and then conduct a traffic survey. The minutes indicated that was also staffs recommendation at the time. Mr. Swanson responded that the recommendation had been changed due to additional counting and review of traffic since the erection of no left ram signs and staff had found that there was a great deal of violation of the no left turn sign and numerous citations issued. SUB~IITLITE MOTION: (Nader) direct staff to provide interim regulation to p~-,clude left turns onW Telegraph Canyon Road such as painting and signage. Motion died for lack of second. Mayor Nader stated he was sympathetic to the concerns expressed regarding the speeding and a little skeptical that their action would solve the problem. He felt they may want to look into physical barriers in various neighborhoods. Councfiman Moore responded that the City did investigate other cities utfiizing speed humps and found the roadway needed to be a straight artery to avoid potential loss of steerage. VOTE ON SUBSTITUTE MOTION: appreved unanimously. MSUC (lVloorefrlorton) to send a letter to Southwestern College students and faculty, over the Mayors signature, including but not limited to the following: concern of safety within Charter Point, shortcuts, speeding, danger to children, and increased enforcexnent and additional pun/tive action. Mayor Nader suggested that a copy of the letter also be sent to the local traffic courts so they would be aware it was an area with a very specific safety problem. Councilman Moore felt the City should also be creative with signage. Councilman Malcolm clarified that 90 days after the completion of the improvements, Council would receive a staff report back on the issue. Staff would also see that there was increased enforcement_ Mayor Nader felt Council may also want to include in next years legislative program seeking more liberal authority from the State in traffic regulation and signage. Minutes September 8, 1992 Page 10 ,/ RESOLUTION 16805 ALrfHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE A CONb~i~UCTION CHANGE ORDER ON TR.I~.GRAPH CANYON ROAD PHASE Ili WIDENING PROJECT TO CONSI'KOCT A LANDSCAPED RAISED MEDIAN ACROSS APACHE DRIVE 13. PUBLIC HEARING PCA-92-01: CONSIDERAT[ON OF AMENDMENTS TO TITLE 19 OF THE MIJNICIPAL CODE TO ESTABLISH pRO CI~.nURES TO EXPEDI-fI~, PROCESSING OF SIGN PERMITS AND TO ALLOW FOR I~I~.CTRONIC MESSAGE BOARD SIGNS - C:HY INITIATED - Council requested establishment of procedures to expedite processing of sign permits, and to allow electronic message board signs in certain limited redevelopment areas and certain zones. Staff recommends Council fmd that the proposal will have no significant environmental impacts and adopt the Negative Declaration issued on IS-92-44 and place the ordinance on fn'st reading. (Director of Planning) Robert Leiter, Director of Planning, stated that due to an oversight the ordinance did not refer to the fact that the Planning Commission recommended, with respect to electronic message boards, that the proposed ordinance be amended to require that 30% within each hour of operation, rather than overall, be devoted to non-commercial messages. The OtayValley Road Project Area Committee also reviewed the proposal and recommended against the amendment regarding reader boards. Councilman Moore felt 'may be allowed" on page 2 of the ordinance should be explained further, that it was not a right but would be considered. He questioned whether it should be explained further such as "on a case by case basis". This being the time and place as advertised, the public hearing was declared open. Mateo Camafillo, President of radio station KUKS, 3rd and "H" Streets, stated they had been meeting with staff for over a year and encouraged Council to accept the staff recommendation. He complimented the staff for their cooperation. He also accepted the proposed language submitted by the Planning Commission and stated it was their full intent to provide public service messages both in English and Spanish. There being no further public testimony, the public hearing was declared closed. ORDINANCE 2529, AS AMENDED BY THE PLANNING COMMISSION, PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was waived. Assistant City Attorney Rudolf stated the Planning Commission recommendation would amend the ordinance under Section 19.60.600B to read ~thitty percent (30%) of each hour of the time the sign...~. Councilman Moore felt the process was fair in not disallowing message boards but at the same time he felt it should be tightened up so that everyone would know that it was not a right but would be considered. AMENDMENT TO MOTION: (Moore) to amend the ordinance, Section 19.60.600, to read *electronic message board signs may be authorized on a case by case basis and*. Amendment (Moore) acceptable to the maker of the motion. Mayor Nader stated the biggest change in the regulation would be the provision which potentially allowed message boards. Even more significant for the business climate of the City and a model of what the City should be doing in other licensing and regulatory requirements was setting a definite time frame in which the business owner or applicant had to get a "yes or no" answer. It also required, by legislation, that if the answer was "no', the applicant would be told immediately what it was that had to be changed to receive a "yes" and if they came back with those changes they would receive a "yes' automatically. Those were the Minutes September 8, 1992 Page 11 types of changes and streamlining of the process that should be a model not only in Chula Vista but throughout the State of California. Councilman Moore stated he would vote for the motion because of the way it was written but may vote against every CUP presented. Councilwoman Horton concurred with Councilman Moore and felt the ordinance would regulate message boards in a way that there would not be too many throughout the City, hopefully one or two. Mayor Nader stated the motion read "may be authorized in any C-O-CC or I-L zoned areas on a case by case basis". VOTE ON MOTION AS ~ED: approved unanimously. ORDINANCE 2529 AMENDING TITLE 19 OF THE MUNICIPAL CODE BY ADDING SECTION 19.04235 DEFINING F-I.F. CTRONIC MESSAGE BOARD SIGNS AND AMENDING SECTION 19.60 TO ESTABLISH pROCR-r~URES TO EXPEDITE PROCF. S~NG OF SIGN PERMITS AND TO ALLOW FOR RI-Rt,;I'RONIC MESSAGE BOARD SIGNS (first reading) 14. PUBLIC HEARING PCZ-93-tsc CONSIDERATION TO PREZONE 3.59 ACRES LOCATED AT THE NORTH SIDE OF OTAY LAKES ROAD, EAST OF LFtflGH AVENUE - CITY INITIAI~D - The proposed prezoning and subsequent annexation of the property is a result of a requirement by LAFCO that the parcel be annexed in conjunction with the annexation of the adjacent property currently being processed under the project name of Telegraph Canyon Estates. The annexation of the 3.S9 acre parcel in conjunction with the project will preclude the creation of a County island. Staff recommends Council place ordinance on first reading. (Director of Planning) Robert Leiter, Director of Planning, had been informed by the Otay Water District that there was a State law which exempted the Water District from conditional use permit requirements as it would any other zoning requirements for that type of facility. That was reviewed by the City Attorney and he concurred with the interpretation. It would now be a legal use under the zoning. Mayor Nader asked whether the Otay Water District requested that the property be zoned R-1. Mr. Leiter stated that staff had recommended the rezone to R-1. The City did not have a specific zone that would relate m a public facility, R-1 was a holding zone for those types of uses. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. ORDINANCE 2530 PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Nader stated he would vote for the motion as it was the closest thing to a holding zone but felt staff may want to develop a zone that was consistent with some of the general plan designations for public use that would avoid creating false impressions as to property value. VOTE ON MOTION: approved unanimously. Minutes September 8, 1992 Page 12 / ORDINANCE 2530 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECT[ON 19.18.010 OF THE MIJNICIPAL CODE PREZONING 3.59 ACRES NORTH OF OTAY LAKES ROAD, ~ OF LEHIGH AVENIlE TO R-1 {SINGLE FAMILY RESIDENTIAL), AND FINDING THAT SUCH ZONING At.-ilVlTY IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) fFu,st readin_E) ORAL COMMUNICATIONS Mark Lancaster, 490 Palomar Street, Chula Vista, CA 91911, addressed the Sth Avenue Street improvements between Orange and Naples and stated he had property on Palomar Street that had frontage on 5th Avenue. He had five letters from the City stating that it was a City funded project and nothing would be charged back to the residents. On Friday, 8/28/92, he received a bill for $20,000. The reason he was being charged was because there was a Covenant for Street Improvements recorded against his properly in 1976. He had given the City a 95 square foot easement and signed numerous documents based on the fact that it was a City funded project. He was looking for direction as to what he could do. He felt the project, from an ethical standpoint, had been done completely wrong. MS tMalcolm/Nader) to refer to staff for a report back in two weeks. Mr. Lancaster stated he had accepted a job out of state and was very limited on time. Councilman Malcolm stated it was an unusual cir~ffnntance and fdt the item could be brought back in one weel~ Mayor Nader stated he would agree to that amendmenL Councilman Rindone requested that the report include any other property owners that could be involved in the same situation. VOTE ON MOTION: approved unanimously. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS None submitted. ITEMS pUIJ.RI~ FROM THE CONSENT CAI.RNDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 15. ta-tY MANAGER~j REPORT(S) · Scheduling of meetings. City Manager Goss reminded Council there would be a special joint meeting on September 10th at 4:15 p.m. in the Council Conference Room with the Library Board of Trustees. Minutes September 8, 1992 Page 13 16. MAYORS REPORT(S) Ratification of appointment: Robert Quisenben-y - International Friendship Commission and Arthur Triplette - Board of Appeals MSUC (Nader/Horton) to ratify the appointment of Robert Quisenbeny to the International Friendship Coramigsion and Arthur Triplethe to the Board of Appeals. 17. COUNCIL COMMENTS Councilman Rindone: · A meeting had been set for Tuesday, September 29, 1992 at 1:00 p.m. in the Council Conference Room to discuss the location of the transit center. He requested that staff notify the members of the public that spoke before on the issue and those that had signed the petition. He would also like to have staff take the lead in conducting the meeting and coordinate the meeting with the County, MTDB, Southwestern College, and any other agencies participating in the discussions. · A constituent had recommended that a graffiti patrol, i.e. City employees, bus drivers, members of the public, be established as well as a graffiti hotline. He felt the graffiti patrol would help the City become more responsive and he would like a report from staff, no specific timeline, on such a patrol. Mayor Nader stated there were currently two hot line numbers available. One was if someone saw a graffiti crime in progress and the other was for the report of graffiti that needed to be eradicated. He had a card made with both of the numbers and carried it in his vehicle so he could report it immediately. Councilman Rindone stated he would like some of those cards also and felt the public should also have access to them. Councilman Malcolm noted the graffiti on 1-5 and asked that staff request CalTrans paint out the graffiti in that area. ADJOURNMENT The City Council recessed at 8:56 p.m. and met in a closed session 9:01 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley Lawsuit - Siroonian v. City of Chula Vista Pending litigation pursuant m Government Code Section 54956.9(a) - Velazquez v. City of Chula Vista ADJOURNMENT AT 9:35 P .M. to a joint meeting of the City Council/Library Board of Trustees on September 10, 1992 at 4:15 p.m. in the City Council Conference Room and thence to the Regular City Council Meeting on September 15, 1992 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk A Special Redevelopment Agency meeting convened at 8:56 p.m. and adjoumed at 9:35 p.m.