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HomeMy WebLinkAboutcc min 1979/10/23 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 23, 1979 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow, Cox (arrived at 9:20 p.m.), McCandliss Scott Councilmen absent: None Staff present: Assistant City Manager Asmus, Assistant City Attorney Harron, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Building and Housing Grady, Director of Parks and Recreation Hall, Fire Chief Longerbone, Director of Policy Analysis and Program Evaluation Thomson The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilwoman McCandliss, seconded by Councilman Gillow and unanimously carried by those present that the minutes of October I1 and 16, 1979 be approved, copies having been sent to each Councilman. Mayor Hyde abstained on the minutes of October 16, 1979 as he was not present for the entire meeting. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - Mayor Hyde read a Proclamation declaring Wednesday, October DECLARING OCTOBER 24, 24, 1979 as "United Nations Day" in Chula Vista. Me presented 1979 AS "UNITED NATIONS the Proclamation to Mrs. Kitty Raso, Chairman of the Chula DAY" IN CHULA VISTA Vista United Nations Committee. Mrs. Raso extended an invitation to the Council to attend the United Nations Day Program on Wednesday, October 24, 1979. b. PROCLA~t~TION - Mayor Hyde read a Proclamation declaring the week of October DECLARING THE WEEK OF 29, 1979 as "Telephone Pioneers Week~' in Chula Vista in OCTOBER 29, 1979 AS recognition of the humanitarian services of the San Diego "TELEPHONE PIONEERS Council, De Anza Chapter #68, of the Telephone Pioneers of I~EEK" IN CHULA VISTA America. Mayor Hyde presented the Proclamation to Mr. Charles ("Chuck") Love, President of the De Anza Chapter #68. 3. ORAL COMMUNICATIONS Niek Slijk Mr. Slijk said the Town Centre Business and Professional Chula Vista Chamber Association was interested in Item 18 on the Agenda and of Commerce there were several speakers present to address this issue; however some are short of time and cannot stay for the entire meeting. He asked if the Council would consider Item 18 "out of order" and discuss it after 0ral Communi- cations. Item 18 to be considered With the concurrence of the Council, Mayor Hyde announced after Public Hoaring Item 6 that Item 18 would be considered after thc second public hearing, Item 6. Held Tuesday - 7:00 p.m. - 2 - October 23, 1979 4. WRITTEN COb~4UNICATIONS a. REQUEST TO WAIVE FEES The Chula Vista Jaycees requested that the fee of $45 paid FOR CHARITY SOFTBALL for the use of General Roca Park on October 17, 1979 be TOURNA~NT refunded since the net proceeds from the charity softball games played by the Fiesta de la Luna Service Clubs will be donated to the Starlight Center. Motion to approve request It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried by those present that the request be approved. (See subsequent motion following Item 4b.) b. REQUEST TO WAIVE The Town Centre Business and Professiona~ Association asked REQUIREMENTS OF that the ordinance requirements be waived for November 1, ORDINANCE REGULATING 2 and 3 for a sidewalk sale between "E" and "F" Streets SIDEWALK SALES ON for the Grand Opening of Third Avenue following public NOVEMBER 1, 2 AND 3, improvements through the Redevelopment Agency. They also 1979 IN CONJUNCTION requested that the street sweeping be done just prior to WITH GRAND OPENING OF the sale. THIRD AVENUE Motion to approve request It was moved by Mayor Hyde, seconded by Councilman Gillow as recommended by staff and unanimously carried by those present that the request be approved as recommended by the staff. Motion to reconsider It was moved by Councilman Scott, seconded by Mayor Hyde Item 4a and carried by a vote of 3-1 (Councilwoman McCandliss voting "no") that Item 4a be reconsidered. Speaking against request Councilman Scott spoke against granting this request indicating that it amounts to an ultimate gift to the Starlight Center. He said if the Council wants to give a gift to the Center, it should be done directly and not by waiving fees as this creates difficulties in making determinations on other similar requests. Motion not to waive fee It was moved by Councilman Scott that the Council not waive the $45 fee. No second to motion The motion died for lack of a second. Motion to grant waiver It was moved by Mayor Hyde, seconded by Councilman Gillow and carried by a vote of 3-1 that the request be approved as submitted with Councilman Scott voting "no". PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTATIVE opened the public hearing. SUBDIVISION MAP FOR CHULA VISTA TRACT 79-21, TERESA Director of Planning said the applicant submitted a tentative CONDOMINIUMS - 144 GARRETT subdivision map for Teresa Condominiums in order to convert AVENUE 34 existing apartment units located at 144 Garrett Avenuo in the R-3 zone into a one lot condominium. He stated that the balconies of the second story units will be enlarged in order to provide adjacent storage as required by the Condominium Conversion Ordinance, and with this as a condition of approval along with two other conditions, the Planning Commission recommended approval of the tentative map. Staff concurs. Council discussion Council discussion followed concerning separate gas and electric meters for the units and whether the modification of the balconies should be referred to the Design Review Committee. October 23, 1979 Held Tuesday - 7:00 p.m. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Eugene York Mr. York, the applicant, said that each apartment has its 160 Brightwood own electric meter which covers everything except hot Chula Vista water. There is a single gas service to the project to provide hot water, and heat for the dryers in the laundry room, which will be handled by the Homeowners Association. He briefly discussed the architectural review and said the modification to the balconies will not appreciably change the appearance of the exterior and the materials will conform to the requirements. Mrs. Anne Gwynne-Craig Mrs.(~/nne-Craig said shefinds no fault with Mr. York, but was 144 Garrett, Suite 25 asking that consideration be given to senior citizens on Chula Vista limited income to protect them from being evicted in (Teresa Apartments) condominium conversions. She said a line needs to be drawn when they are forced to move from apartment to apartment as conversions occur, and that she was informed there is no limit in Chula Vista as to the time required for notifying tenants concerning conversions. 120-day notice required In answer to a query from Mayor Hyde concerning the type under State Subdivision of notice for occupants of rental property prior to their Map Act need to vacate, Assistant City Attorney Harron said the State Subdivision Map Act requires that a 120-day notice be given. Eugene York Mr. York said his tenants have already been given official 160 Brightwood notice of the intended conversion to condominiums which Chula Vista will be a minimum of nine months and perhaps a year or more. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Concern regarding Mayor Hyde expressed his concern regarding the modifications modifications to the buildings (the balconies) and questioned staff as to whether they felt it appropriate to process this through the Design Review Committee. If modification is not In response to Mayor Hyde's concerns, Director of Planning compatible, staff will Peterson said if the modification is made as agreed to by process it through the Mr. York, it will be entirely compatible with the present Design Review Committee design; and if it is not for any reason, staff would then want to refer it to the Committee. Motion for addition to It was moved by Mayor Hyde, seconded by Councilman Gillow Planning Commission and unanimously carried by those present, as an amendment condition of ~pproval to the conditions of the Planning Commission, that under paragraph 2c (page 2, PCS-79-21) an addition be made to the sentence at the end of the paragraph to make it read: "The design, configuration and material shall be coordinated with existing balconies and subject to ~he approval of the D~e~or of Plan~ing." Sa. RESOLUTION NO. 9817 - Offered by Councilwoman McCandliss, as amended, the reading APPROVING TENTATIVE of the text was waived by unanimous consent of those present, SUBDIVISION MAP FOR passed and adopted bi the following vote, to-wit: CHULA VISTA TRACT 79-21, TERESA CONDOMINIUMS AYES: Councilwoman McCandliss, Councilmen Scott, Gillow, Hyde Noes: None Absent: Councilman Cox In answer to a query from Councilman Gillow concerning the owner of a converted apartment notifying the displaced renters Director of Planning Peterson said after the Council approves the final map, the developer is required to give staff stamped envelopes addressed to the tenants, then staff encloses the notice and mails the envelopes. Held Tuesday - 7:00 p.m. - 4 - October 23, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTATIVE opened the public hearing. SUBDIVISION ~P FOR CHULA VISTA TRACT 79-22, Director of Planning Peterson said the applicant submitted a BRIGHTWOOD CONDOMINIUMS, tentative subdivision map for Brightwood Condominiums in 160 BRIGHTWOOD AVENUE order to convert 22 apartment units located at 160 Brightwood Avenue in the R-3 zone into a one lot condominium. He stated the proposal did not fully comply with the requirements for adjacent storage, but the developer again agreed to expand the storage area in the balconies of the second story units which will bring them into conformance with the conversion ordinance. Mr. Peterson said on September 26, 1979 the Planning Commission voted 6-0 to recommend approval subject to the four conditions in their Resolution PCS-79-22 and that staff concurs. Eugene York Mr. York (the applicant) said that since one of his projects 160 Brightwood won a City Beautification Award for apartment buildings in Chula Vista 1976, the Council may be assured nothing will be done to ruin that image as the project is one of the better projects in the City. He briefly discussed the storage, stating that it is in excess of what is required under the ordinance, and with two exceptions, the balance of the storage is in one place. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Concern regarding Mayor Hyde said he had the same concern with regard to modifications to balconies alteration of the structure. Motion for addition to It was moved by Mayor Hyde, seconded by Councilwoman condition in Planning McCandliss and unanimously carried by those present that Commission resolution the condition specified by the Planning Commission on page 2 of their Resolution (PCS-79-22), under paragraph 2c, that an additional sentence be added at the end of paragraph c which would say: "Such modigication shall be subject to ~he approval of ~he Ditcher of P~an~ing." 6a. RESOLUTION NO. 9818 - Offered by Councilman Gillow, as amended, the reading of APPROVING TENTATIVE the text was waived by unanimous consent of those present, SUBDIVISION MAP FOR passed and adopted by the following vote, to-wit: CHULA VISTA TRACT 79-22, BRIGHTWOOD CONDOMINIUMS AYES: Councilmen Gillow, Hyde, McCandliss, Scott Noes: None Absent: Councilman Cox 18. REPORT ON REMOVAL OF City Engineer Lippitt submitted a written status report on SHORT TERM PARKING SPACES three temporary parking spaces which stated that in ON "F" STREET EAST OF accordance with Council action on April 17, 1979, and to THIRD AVENUE facilitate traffic flow, improve CVT operations and provide on-street parking, unless otherwise directed, staff will: (1) Remove the three short term parking spaces and reinstall the CVT bus stop on the northeast corner of Third Avenue/ "F" Street; (2) Reinstall the second westbound through lane on "F" Street at Third Avenue; and (3) Install two metered spaces on "F" Street west of Church Avenue (in front of the Security Pacific Bank). Held Tuesday - 7:00 p.m. - 5 - October 23, 1979 Rationale for modification Mr. Lippitt discussed the staff's rationale for the modified of proposal proposal, rather than returning to the same conditions as they were before, noting that two additional metered parking spaces are provided for; and that the bus stop location is preferred due to the shorter distance required to transfer to San Diego Transit and the safety of having a signal to cross the street. Shirley Groshong Ms. Groshong said the downtown area caters to the senior 486 Hilltop Drive citizen population and handicapped people. She spoke Chula Vista against removing the parking spaces on "F" Street and asked (Chula Vista Pharmacy) for additional spaces near the bus zone in front of the store. She requested Council consideration to extend the present parking for six months until a study can be made of short term parking in the area and said she would like to participate in the study if possible. Mark Lopez Mr. Lopez asked that the present metered spaces be retained 291 "F" Street as they are used extensively and also because they help Chula Vista to reduce the vehicle speed on "F" Street. He noted that (Owner of Joseppi's the bus stop at one time was located south of Berner-Judd Beauty Salon) and recommended that it be reinstalled there. Michael Steiner Mr. Steiner asked that the total project be considered in 287 "F" Street terms of the need faced by the business people. He said Chula Vista some of his customers have said they will go elsewhere due (Merle Norman Cosmetics) to the parking situation. He also supported the extension of time for a study and suggested the two additional metered parking spaces be 12 minute parking. In answer to a query from Councilwoman McCandliss, Mr. Steiner said he has not noticed people taking undue advantage of the 12 minute parking. Donald Ritchey Mr. Ritchey said he was speaking for the Town Centre Business 92 "F" Street and Professional Association and asked that the existing Chula Vista parking conditions remain for at least one year as they are working well. He spoke in favor of the 12 minute meter parking, and was opposed to the two lanes for westbound traffic on "F" Street, stating this makes it a "freeway." He said any changes would only be short term changes as conditions will be different when the Creaser-Price building and the condominiums are completed. Motion to retain three It was moved by Councilman Gillow, seconded by Mayor Hyde short term parking spaces and unanimously carried by those present that the short on "F" Street for six term parking spaces be retained for a period of six months. months Motion for study regarding It was moved by Councilman Scott, seconded by Mayor Hyde and 12-minute metered parking unanimously carried by those present that a study be made on Third Avenue and a review of the possibility of changing the first two parking spaces of the bus stop - or whatever is necessary - on Third Avenue around the corner next to the landscaping to 12-minute metered spaces - a study by the Safety Commission, Parking Place Commission and staff; and also a review of the bus stop. Held Tuesday - 7:00 p.m. - 6 - October 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION NO. 9819 - In September, 1979 the Council approved a precise plan VACATING A PORTION OF for an office building at 646 Telegraph Canyon Road on TELEGRAPH CANYON ROAD a site within an island created by a northward realignment WEST OF BRANDYWINE AVENUE of the road. The proponents of the project have advised the City that they have reached an agreement with the owners of the old right of way to provide parking for their project once the street has been vacated. Section 1930 of the Streets and Highways Code authorizes the Council to vacate any portion of a street which has been superseded by relocation. Staff recommended the vacation subject to the reservation of an easement for sewers and utilities. Resolution offered Offered by Councilman Scott, the readin~ of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Hyde, McCandliss Noes: None Absent: Councilman Cox Adequate turn-around In response to a query from Mayor Hyde as to how to be provided segment will be ended, Mr. Lippitt said that one df the conditions on the precise plan before the Council was that an adequate turn-around be provided for fire vehicles, etc. 8. RESOLUTION NO. 9820 - Funds budgeted for the installation of a solar heating system APPROVING AGREEMENT at Loma Verde Pool included the cost of engineering consultant BETWEEN MITCHELL-WEBB fees for the preparation of plans and specifications. A ASSOCIATES, INC. FOR THE letter was sent out to a number of engineering consultants PREPARATION OF PLANS AND and six firms responded, l~ter conducting interviews, staff SPECIFICATIONS FOR THE selected the firm of Mitchell-Webb Associates, Inc. to CONSTRUCTION OF SOLAR perform the engineering consultant services for this project. HEATING SYSTEM AT LOMA VERDE POOL Selection method described In answer to a query from Councilwoman McCandliss concerning the criteria used to select the firm, City Engineer Lippitt said a committee was set up of members from the Engineering, Building and Housing and Parks and Recreation Departments and he briefly outlined the evaluation form used to determine the selection of the firm with the best qualifications. Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Scott, Gillow, Hyde Noes: None Absent: Councilman Cox 9. RESOLUTION NO. 9821 - In October 1977 the Council approved an agreement for an EXTENDING UNCONTROLLED uncontrolled embankment in the 1400 block of East EMBANKMENT PERMIT FOR Street with the material to be removed if the site was L ~ L DEVELOPMENT CO. not developed by October 1, 1979. A moratorium on develop- ment in the E1 Rancho del Rey area forestalled the proposed development; however, on October 16, 1979 the Council approved a variance from the west to east development policy for this property and staff recommended that the uncontrolled embankment permit be extended to October 1, 1981 to accommodate this work. Held Tuesday - 7:00 p.m. - 7 - October 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted hy the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow Noes: None Absent: Councilman Cox 10. RESOLUTION NO. 9822 - A Joint Powers Agreement has been developed to resolve the APPROVING JOINT FIRE fire protection problem in the Bonita "Contract Area." PROTECTION AGREE~NT The proposal had previously been approved in concept by WITH BONITA/SUNNYSIDE both the City Council and the Bonita/Sunnyaide Fire FIRE PROTECTION DISTRICT Protection District Board of Directors. Two changes requested Assistant City Manager Asmus reported that the Fire Protection by the Fire District District Board of Directors met and approved the Agreement subject to two changes: (1) Page 2, Section 2 - Term: They would like the term to coincide with the end of a fiscal year. Staff recommended the proposal he re-written for a term of 32 months. (2) Section 3 - Termination. In order to carry out the philosophy of a fiscal year basis, either party would be required to give 12 months written notice prior to termination of the contract. Additional amendment Mr. Asmus referred to page 3, Section 6 - Dispatch Service. to agreement suggested The last sentence of the paragraph reads: "It is further understood and agreed that if crt somg future date a combined dispatch service is established for South Bay Zone S..." Mr. Asmus said he believes the intent was that this sentence read: "It is further understood and agreed that if, da/~ing the term of th~s agreement, a combined dispatch service is established..." - then the City would be fully responsible for the costs. He suggested the Council consider this additional amendment to the Agreement. Question regarding Councilman Scott referred to prior contracts with the District deletion of provision which contained a provision that if over one-half of the in contract area annexed at any time, the City and the District would begin negotiations for the City to take over the District. He noted that this clause was included at the request of the Local Agency Formation Commission and asked if LAFCO has approved its deletion. Mr. Asmus said he contacted the Acting Director of LAFCO who was familiar with prior agreements and was informed she could see no reason from LAFCO's standpoint why it should remain. Paul Southworth In answer to a question from Mayor Hyde, Mr. Southworth Chairman of the Board said he had no personal objection to the modification of Bonita/Sunnyside Fire Section 6 as suggested; however, he said he could not speak Protection District for the other Board Members, and he will have to call a special meeting to take action on this before the Agreement has to be extended again. He said he will do this and keep staff informed. Letter from Chula Vista At Mayor Hyde's request, Assistant City Manager Asmus read Fire Fighters read for a letter for the record from the Chula Vista Fire Fighters the record opposing the cooperative manning concept, outlining the problems and the cost to the City (they estimate a cost of $159,000), and recommending that the Fire District's original proposal for central dispatching be accepted. Held Tuesday - 7:00 p.m. - 8 - October 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Council discussion The Council and staff discussed the letter in detail and responded to each item presented hy the Association: (1) The matter is not a meet and confer item, but a meet and consult, and staff did meet with the Fire Fighters and discussed the proposed contract; (2) the reduction of manpower at Station 3 is true, however, the overall level of protection for the City and the contract area outweighs any disadvantages in this regard; (3) The District is saving on manpower costs and the City is saving in terms of contract costs, with a savings to the taxpayers of approximately $110,000; (4) The "Jaws of Life" will serve both north and south on 1-805; (5) ~he overtime costs have increased due to the 17-man minimum level established as of J~ly, 1978. Donald Byrum Mr. Byrum said he supports the comments made in the letter President Local 2180 and expressed his concern with the fire fighting manpower Chula Vista Fire Fighters in Chula Vista proper and even in Bonita if the District should have financial problems. Motion to include It was moved by Councilman Scott, seconded by Mayor Hyde amendments to agreement and unanimously carried by those present that the changes as proposed proposed by the Bonita/Sunnyside Fire Protection District be incorporated (in the agreement) as far as the "Term" (32 months) and the "Termination" (12 months' notice) and also the suggestion of the Assistant City Manager as far as the wording on the Dispatch Service - to substitute the wording "d~ng the t~m of this agreeme.~." Resolution offered Offered by Councilman Scott, as amended, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Hyde, McCandliss Noes: None Absent: Councilman Cox 11. RESOLUTION NO. 9823 - By Resolution No. 9755 the Council approved the subdivision ESTABLISHING CENTER STREET map for To~m Centre-Townsite Tract No. i which included AS A ONE-WAY STREET the southerly half of Center Street from Landis Avenue to (WESTBOUND) BETWEEN LANDIS a point approximately 270 feet west of Garrett Avenue vacated AVENUE AND A POINT 270 FEET by the City. This necessitates making this section of Center WEST OF GARRETT AVENUE Street a one-way street in the westerly direction. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow Noes: None Absent: Councilman Cox 12. RESOLUTION NO. 9824 - In July 1979 the City awarded a contract to Meza-Hab APPROVING CHANGE ORDER Construction Company for the construction of an improved NO. 1 AND AUTHORIZING drainage channel south of East Naples Street between EXPENDITURE OF ADDITIONAL Monserate Avenue and Helix Avenue to eliminate a recurring FUNDS FOR EAST NAPLES flood problem and to eliminate odors and mosquito breeding STREET DRAINAGE CHANNEL ponds during dry weather, Adjacent property owners have expressed concern regarding erosion to the channel banks resulting in damage to their property. After investigating complaints, the Engineering staff recommended a modification to the channel to carry a 50 year design flow without erosion. Held Tuesday - 7:00 p.m. - 9 - October 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Staff recommended that Change Order No. 1 be approved in the amount of $11,318 and that a 26-working day extension be granted to the contractor to complete the extra work. This will result in an additional expenditure of $6,644.42 above that previously authorized by the Council. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow Noes: None Absent: Councilman Cox RECESS A recess was called at 8:40 p.m. and the. meeting reconvened at 8:53 p.m. 13. ORDINANCE NO. 1881 - The Assistant City Manager and the City Attorney met with Ab~NDING CHAPTER 5.54 OF representatives of the taxicab companies regarding the THE CITY CODE REALTING TO proposed ordinance. Differences of opinion remain among THE ISSUANCE OF CERTIFICATES various operators because of the nature of their operation FOR THE OPERATION OF TAXICABS but an attempt was made to fairly and equitably resolve IN THE CITY - FIRST READING such differences and the ordinance was appropriately revised for Council action. Correction to wording Assistant City Manager Asmus noted a correction to the of ordinance ordinance stating that as a solution to one problem, it was agreed a fee of $100 per year would be paid, plus $3 per cab that the owner operates, whether he operates them in the City or not. Thus, in the first sentence at the top of page 2, starting in the fourth line, the words "twenty five dollars per quarter for each vehicle certified by the Council and" will be deleted. In addition, starting in the seventh line, the words "which he might operate from time to time within the City of Chula Vista as authorized by this ordinance" will also be deleted. (No change to be made in the last sentence.) Discussion of ordinance Mr. Asmus briefly discussed various aspects of the proposed ordinance including inspection requirements, insurance requirements, and rate review. He noted the taxicab operators have asked that the ordinance become effective on January 1, 1980 as that is when their insurance policies must be renewed; also quarterly fees have been paid to this date. Letter submitted by Mr. Asmus called attention to a letter received from Mr. Charles McMillan Charles McMillan (Mack's [lack) in which he offers objections to (1) inspection fee charged by the City; (2) increased insurance required; ($) requirement to post both San Diego City and Chula Vista fares on the outside of his cab; and (4) requesting that the effective date be January 1, 1980. Bill Hilton Mr. Hilton asked that the Council reconsider the inspection Yellow Cab Co. procedures required. He said Yellow Cab Company and Diamond San Diego Cab have their own maintenance facilities and they concur that there is no need to inspect vehicles over two years old. He also said he supported the request to have the ordinance become effective January 1. Held Tuesday - 7:00 p.m. - 10 - October 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Charles McMillan Mr. McMillan said he does not object to the vehicle inspections 413 Moss Street but only to the fee charged by the City. He reiterated Chula Vista his objections to the insurance requirements and to the (Mack's Hack) necessity of posting both fares for San Diego and for Chula Vista on the outside of his vehicle. Raymond La Duke Mr. La Duke said he is an independent operator. He referred 3433 University Avenue to th~lastmntencemder Section 5.S4.010 which reads: "It San Diego is further the intent of the City Council that all taxicabs operating within the City shall be owned by the certified operator, provided that that operator may for purposes of internal organization of his operation lease said vehicles to a driver." He asked that the words referring to "leasing vehicles" be deleted from the ordinance. Suggestion to clarify Assistant City Manager Asmus agreed that this point should provision for leasing be clgrified as it is critical to some operators insofar vehicles as their status as an "employee" is concerned. Thomas Harkins Mr. Harkins said he is an independent operator and that he 4376 Polk supported the request to delete the reference to leasing of San Diego vehicles, stating that this provision will hurt drivers (Clipper Express Cab Co.) but deleting it will not hurt the companies. Leasing provisions In answer to a query from Mayor Hyde, Assistant City Attorney not essential Harron said the provision regarding leasing would make the certified owner responsible for the fees and not the person leasing the cab; however, he said it is not essential that the provision be in the ordinance and deleting it will not affect the insurance requirements. Discussion of inspection In answer to questiofis from Councilwoman McCandliss, Assistant fees City Manager Asmus said the staff does not have a breakdown of fees, but the concern is the mechanical condition of the car, and if inspections are made in the City of San Diego, they would be acceptable in the City of Chula Vista. Also, he said he would have no problem with the City paying for the inspections as the City of San Diego does. (Councilman Cox arrived at this time - 9:20 p.m.) Motion to delete It was moved by Mayor Hyde, seconded by Councilman Scott and reference to leasing carried by a vote of 4-0 (Councilman Cox abstained) that in vehicles Section 5.54.010 the last three lines he deleted, starting with the words "provided that ..." (This deletes reference to the leasing of vehicles.) Mayor Hyde referred to the first paragraph at the top of page 2, Section 5.54.020. Motion to delete fee It was moved by Mayor Hyde, seconded hy Councilwoman of $25 per quarter McCandliss and carried by a vote of 4-0 (Councilman Cox abstained) that the following words be deleted starting in the fourth line: "twenty five doffers per qua~er for each ve~i~le ce~fied by the Coun~ and" (as proposed by the City Manager). Motion to delete It was moved by Mayor Hyde, seconded by Councilman Scott additional wording and carried by a vote of 4-0 (Councilman Cox abstained) in Section 5.54.020 that starting in the seventh line, the following words be deleted: "which he migh~ op~e from time to time within the City of Chula Vista a~ a~ho~ed by t~s ordinance." Held Tuesday - 7:00 p.m. - 11 - 0ctoher 23, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Concern regarding language Mayor Hyde referred to page 3, Section 5.S4.0S0, paragraph in Section S.S4.0S0 B and expressed his concern regarding the language that the annual inspection will be made h¥ a "gQvc~ent aga3~c~ including, bu~ not lim~ed to, the City Qf Chula Vista or by a r~ponsible and licensed automobile mechanic doing business in the City of Chula Vista..." Motion to amend wording It was moved by Mayor Hyde, seconded by Councilman Scott and in Section 5.54.050, unanimously carried that in Section 5.54.050, paragraph B, paragraph B regarding the wording be amended to read: "...showing th~ an annu~ inspections inspection ha~ been made by an acceptable government agency including, but not lim~ed to, the Cry of Chula Vista," and that the following words be deleted: "or by a responsible and lice~ed automobile mechanic doing busings in the City of Chola V~ta and/.." (The next sentence to start with the word "Failure.") Motion for effective date It was moved by Mayor Hyde, seconded by Councilman Gillow to be January 1, 1980 and unanimously carried that the effective date of the ordinance be January 1, 1980. Discussion of inspection Council discussion ensued concerning the inspection fee fee charged by the City of $25 and whether it is an appropriate fee. Mayor Hyde said if it is determined by the staff that it is not a proper amount, the Council will ask that they come back with a modification. Ordinance placed on It was moved by Mayor Hyde that the ordinance be placed on first reading first reading as amended, and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox, McCandliss, Scott Noes: None Absent: None Motion for staff It was moved by Mayor Hyde, seconded by Councilwoman recommendation regarding McCandliss and unanimously carried that prior to the last appropriate fees for meeting in December, 1979, the staff bring back a recommenda~ City inspections tion for the appropriate fee to be charged for City inspection of taxicabs and the rationale for it. CONTINUED MATTERS AND SECOND READING OF ORDINANCE 14. ORDINANCE NO. 1880 - This ordinance amends the Code to designate the City AMENDING THE MUNICIPAL Engineer rather than the Planning Commission as the person CODE RELATIVE TO PROCESSING responsible for acting on requests for deferral of public OF REQUESTS FOR DEFERRAL improvements. The right of appeal to the Council is unchanged. OF IMPROVEMENTS - SECOND The ordinance was placed on first reading on October 16, 1979. READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that the ordinance be placed second reading and on second reading and adopted and that the reading of the adopted text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None Held Tuesday - 7:00 p.m. - 12 - October 25, 1979 15. REPORTS OF THE CITY MANAGER a. REPORT ON AIR POLLUTION San Diego Councilman Stirling addressed a letter to the CONTROL MANAGEMENT Mayor regarding the Board of Supervisors' proposal to PROCESS assume the total responsibility for air quality in the San Diego County region, and the Council was requested to communicate to the State "that the present shared responsi- bilities for air quality improvement be continued in San Diego County." In a written report, the City Manager stated that while the current system has problems of coordination and implementation with the lead responsibilities shared by CPO and the County Board of Supervisors sitting as the Air Pollution Control Board, the proposed program does not offer the cities a better means of carrying out the process. Staff recommended that because of the complex nature of this matter, it may he appropriate for the Council to hear from County and CPO staff on the County's proposed process and the current operating procedures. Motion to schedule It was moved by Councilman Cox and seconded by Councilman presentation by County Scott that the City Manager schedule a meeting ~ith the staff and CPO staff County staff and CPO staff to make a presentation to the Council. Speaking against motion Mayor Hyde spoke against the motion stating that to date no information has been received from the County to the effect that they wish to assume the total responsibility for air quality control. Substitute motion It was moved by Mayor Hyde that this matter be tabled at to table this time. No second to motion The substitute motion died for lack of a second. County planning to City Clerk Jennie Fulasz reported that Supervisor Hamilton coordinate meeting with has asked to speak to the Council on November 13 concerning Chula Vista and National this matter. He is trying to coordinate a meeting with both City Chula Vista and National City for the same date and will call back to confirm. Councilman Gillow suggested that nothing be done until further information is received from Supervisor Hamilton. Motion withdrawn - Councilman Cox withdrew his motion. Councilman Scott did second did not agree not agree to the second. Speaking in favor of motion Councilman Scott spoke in favor of the motion, stating that it is important that the Council receive information concerning this matter to be better prepared and not wait until the last minute. He said the Council will not be taking action, but only asking for the information. Motion carried The motion to schedule a presentation carried by th~ following vote, to-wit: AYES: Councilmen Scott, Gillow, McCandliss Noes: Councilman Cox, Mayor Hyde Absent: None Held Tuesday - 7:00 p.m. - 13 - October 23, 1979 REPORTS OF THE CITY MANAGER (Cont.) b. STATUS REPORT ON On July 17, 1979 the Council approved approximately $25,000 CITY-WIDE CLASSIFICATION for a City-wide classification and salary study to be AND SALARY STUDY performed by an outside consultant. A Request for Proposal was sent to five California based firms and each responded. In a written statement, the City Manager said it is anticipated that the recommendation of a firm for Council acceptance will be made at the November 6, 1979 meeting. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the report be accepted. c. REPORT ON SUMi~R On September 27, 1979 the Council directed staff to transfer EDUCATION/RECREATION funds from the balance remaining in the summer education PROGRAM account to the General Fund in an amount to cover the cost to the City for administering the program. The City ~lanager, in a written report, noted that when the Council authorized the program, the action taken by the Council was to approve the staff recommendation for the City to absorb the administrative costs. (The School District was absorbing custodial and other maintenance costs.) The report noted that the action of the Council at the September 27 meeting will be carried out unless the Council makes a change at this meeting. Staff recommendation to Assistant City Manager Asmus said the Director of Parks and have City absorb cost Recreation has reported that the City's administrative expenses in connection with this program amounted to approximately $800 for staff time, processing checks for the teachers, etc. Previously the expense had been estimated at $150. Mr. Asmus said staff is still recom- mending that the $800 remain in the $2600 balance held in trust to support the program next year, if the program is continued. Concern regarding City Councilman Scott expressed his concern in using this money expense for educational for educational purposes as an aftermath of Proposition 13 programs and stated the City should get administrative costs back. Only administrative costs In response to a query from Councilman Cox, Mr. Asmus said involved with staff time "front money" is not needed, but if the balance is held over, student fees can be reduced next year. He explained that the $800 was not actual funds expended, but was the calculation for staff time with minimum direct costs for the issuance of checks. Motion to deduct City It was moved by Councilman Cox, seconded by Councilman administrative costs Scott and unanimously carried that the previous Council from fund balance direction be carried out to go ahead and charge the $800 off the ($2600) balance of the fund. d. REPORT ON SOROPTOMISTS' At the October 16, 1979 meeting, the Council discussed the REQUEST FOR CHRISTMAS Soroptomists' request for an ethnic Christmas tree decorating TREE DECORATING EVENT ceremony. After an analysis of the request, staff recom- mended that the Council approve the proposal to spearhead a community Christmas tree decorating event, provided: (1) Trees are donated by organizations; or (2) Trees in the Library park are decorated. Motion to approve It was moved by Mayor Hyde and seconded by Councilman staff recommendation Scott that the Council approve the City Manager's recom- mendation. Held Tuesday - 7:00 p.m. - 14 - October 23, 1979 REPORTS OF THE CITY MANAGER (Cont.) In response to a query from Councilman Cox, Mr. Asmus said that staff had intended this year to buy only one large pine tree for all community organizations to decorate, unless the organizations want to provide the trees. Motion carried The motion to approve the staff recommendation carried unanimously. e. REQUEST TO DELAY Assistant City Manager Asmus asked that the Council delay REPORT REGARDING the staff report to be submitted regarding the need for ADDITIONAL ACCOUNTANT an additional accountant in the Finance Department that IN FINANCE DEPARTMENT came before the Redevelopment Agency when the City Auditor suggested more help was needed. He said this needs further study and staff would like to bring this to the Council at the November 6 meeting. Motion to approve delay It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that the request for a delay be approved. f. TV MONITORS Mr. Asmus noted that the Council had viewed the model of the TV monitor and asked if some indication could be given as to their reaction. Level surface to be Mayor Hyde asked if the units would be able to be raised maintained and lowered as the model indicates they will he in a fixed position. In response, Mr. Asmus said a flat level surface will he maintained when the monitors are not in use, but they can be tilted slightly. Motion to approve It was moved by Councilman Scott and seconded by Councilman model in concept Cox that the Council approve this in concept, and staff be directed to continue looking for a system that can move up and down as previously discussed. Concern regarding Councilwoman McCandliss expressed concern that the Council mock-up models has only seen a mock-up and until it is actually installed, it will not be known whether the monitor will work or not. Director of Building and Housing Grady said a monitor can be installed in a model and connected up to determine how it will work. Motion carried The motion to approve the model in concept carried unanimously. REPORTS OF CITY OFFICERS )aND DEPARTMENT HEADS 16. REPORT ON THE SALE In April 1979 the Council adopted Resolution No. 9572 OF BEER AND WINE AT granting an appeal by the Atlantic Richfield Company for TWO ARCO STATIONS two ARCO service stations, located at 8~8 Third Avenue and 196 Broadway, to sell packaged beer and wine subject to certain conditions. In a written statement, Director of Planning Peterson said the staff monitored the two stations for the past six months and found no reported incidents or any appreciable increase in traffic; therefore, it was recommended that the sale of beer and wine be allowed to continue subject to the original condition~. Motion to accept report It was moved by Councilman Scott, seconded by Mayor lfyde and unanimously carried that this report be accepted. Held Tuesday - 7:00 p.m. - 15 - October 23, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 17. STATUS REPORT ON NACION On October 2, 1979 the Council accepted a staff report AVENUE BETWEEN EAST "L" recommending investigation of long term solutions to the AND EAST NAPLES STREETS traffic safety problem on Nacion Avenue and requested status reports regarding short term measures to improve safety conditions. In a written report, the City Engineer outlined a number of positive actions that have been taken. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the report be accepted. Mayor Hyde asked that a report be made at the next Council meeting (November 6, 1979) based upon the Safety Commission's meeting on October 25. 18. REPORT ON REMOVAL OF (Item 18 was considered out of order - see pages four and SHORT TERM PARKING five of the minutes.) SPACES ON "F" STREET EAST OF THIRD AVENUE 19. REPORT ON TEMPORARY G.L. Cory, Inc., general building contractors for the CLOSURE - CENTER STREET construction of the "To~n Centre, Townsite No. 1 Development," FROM GARRETT TO FOURTH requested permission to close Center Street between Garrett AVENUE Avenue and Fourth Avenue for a period of two weeks beginning Monday, October 22, through November 2, 1979. Staff concurred. Motion to accept report It was moved by Mayor Hyde, seconded by Councilwoman and approve request McCandliss and unanimously carried that the report be accepted and the suggestion implemented. 20. REPORT ON FEASIBILITY OF At the meeting of October 16, 1979 the Council voted to CONDITIONS ATTACHED TO A attach two conditions to the variance request by the developer VARIANCE FROM WEST TO EAST of Chez Bonita for exemption from the "west to east develop- DEVELOPMENT POLICY - ment policy" of E1 Rancho del Rey Specific Plan. The staff PCV-80-1, CHEZ BONITA expressed concerns regarding the mechanics involved in order to carry out the Council's directions. City Engineer Lippitt noted the two conditions placed on the variance: il) that the developer pay his fair share for the construction of "H" Street and (2) that the develop- er pay his fair share for the construction of Otay Lakes Road. Mr. Lippitt said the normal procedure is for the conditions to be imposed on the developments at the time the precise plan or building permits are approved. He stated the applicant in this case has informed the staff that due to market conditions, he does not expect to apply for a building permit for 8 to 9 months or longer. Mr. Lippitt stated that the condition concerning Otay Lakes Road is feasible as the City has a CPI project for the widening of Otay Lakes Road. Staff is working with the property owners for this project and by the time Mr. Lewsader starts his development, they will have a fairly accurate estimate of the costs and what the developer's fair share will be. As for "H" Street, there are many unknown factors and at this time staff has no way to determine an accurate cost estimate for this project. Mr. Lippitt said that at best, staff can make a rough estimate at the time the development starts, and if it is too high, exce55 funds would be reimbursed to the developer; and if they are underestimated, the City would bear the loss. Held Tuesday - 7:00 p.m. - 16 - October 23, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS Suggestion that estimate In response to a question from Mayor Hyde, Assistant City of costs be made and Attorney Harron said that to require the developer to condition imposed when agree to a "blank check" would not be feasible and could precise plan is Submitted not be defended in court. He suggested that a reasonable estimate be made and the developer assured that if it is more than required, he will be reimbursed, with the estimate made at the time the precise plan is submitted. Mr. Harron indicated that otherwise the conditions cannot he implemented and the developer in effect has no variance. Motion for appropriate It was moved by Mayor Hyde and seconded by Councilman Cox language for substitute that the City Attorney and staff get together and come conditions back with language for the Council to consider as a substitute condition for the ones voted upon at the previous meeting. Council discussion Council discussion ensued as to the need for a substitute condition, clarification for staff of Council intent, and the appropriate timing to implement the conditions. Substitute motion to It was moved by Councilman Scott, seconded by Mayor Hyde develop criterion of and unanimously carried that the staff be directed, at "fair share" the time of the filing of the map, to come up with what they feel at that time would meet the criterion of "fair share" for both Otay Lakes Road and "H" Street. MAYOR'S REPORT Report regarding grant Mayor Hyde reported on the meeting held today with a under UDAG representative of the First Federal Savings and Loan Association regarding the City's application under UDAG. Appointment to Safety Mayor Hyde said he is appointing Joy Sheresh to the vacancy Commission on the Safety Commission Motion to ratify It was moved by Councilwoman McCandliss, seconded by appointment Councilman Cox and unanimously carried that the appointment be ratified. Meeting held on Mayor Hyde reported on the meeting at the Lauderbach Montgomery annexation School on the upcoming Montgomery annexation. He said considerable discussion was held on the problems relating to the fate of the Fire Protection District and to the intentions of the City of Chula Vista, but it was a peaceful meeting. No meeting on 10/30/79 Mayor Hyde announced that there will be no meeting on October 30, 1979 as it is a fifth Tuesday. Dinner for Boards and The Mayor reminded the Council of the Boards and Commissions Commissions on 11/8/79 dinner on November 8, 1979. COUNCIL COM~NTS Memorandum regarding Councilman Cox referred to a memorandum in the Council City Hall remodeling packets concerning the City Hall remodeling. Motion to accept staff It was moved by Councilman Cox that the Council accept the proposal on phasing phasing proposed in the memorandum. No second to motion The motion died for lack of a second. Held Tuesday - 7:00 p.m. - 17 - October 23, 1979 COUNCIL COMmeNTS (Cont.) Reference to condominium Councilwoman McCandliss referred to the Condominium conversions Conversion Ordinance and stated when it was considered, staff reported there would probably be few additional conversions, but there seems to be a number of them since that time. Motion for staff report It was moved by Councilwoman McCandliss and seconded by Councilman Cox that the staff prepare an analysis of (1) the number of remaining rental units in the City; (2) the number of units converted this last year; (3) if possible, include some statistics on the price range converted units are selling for vs. new condominium units; and (4) whether they are owner occupied or rented. Statistics regarding Director of Planning Peterson said he could respond to some condominium conversions questions raised by Councilwoman McCandliss: (1) Since 1971, including the units approved this evening, 506 apartment units have been approved for conversion; and (2) in this last year, again including the number of units approved tonight, 228 apartment unita have been approved as condominiums out of the total of 50~. Council discussion Council discussion ensued concerning the total units remaining that can be converted, the time involved in making this study, percentage converted is still low. Motion restated It was moved by Councilwoman McCandliss, seconded by Councilman Cox and unanimousl7 carried that the staff prepare a report to come back in one month, outlining (1) the number of conversions in the past year; (2) the number of total conversions, breaking out the number of those converted as they were being built as opposed to rental units converted; (3) the price range thc converted units are selling at as opposed to the price range of new units; and (4) whether they are omxer occupied or rentals. Motion clarified The Council concurred that staff is only directed to do the best they can with these statistics and an indepth study is not required. Report to be scheduled It was the concurrence of the Council that when the report for a Council Conference comes back, it will be scheduled for a Council Conference. Enforcement of sign Councilman Scott referred to the field trip the Council took ordinance questioned sometime ago, noting the apparent sign ordinance violations, particularly as far as the temporary signs on Broadway are concerned. He questioned the enforcement measures being taken on the ordinance. Report being prepared Director of Building and Housing Grady said staff did look into this, and a report will be coming to the Council along with the items noted by the Council on the tour. Trash problem on 1-805 In answer to a question from Councilman Cox regarding the trash problem on 1-805 and "L" Street, Development Services Administrator Robens said this has been discussed with CalTrans and the area will be put on their routine ~aintenance to be cleaned about once a month. ADJOURNmeNT Mayor Hyde adjourned tho meeting at 10:37 p.m. to the meeting scheduled at 4:00 p.m. on October 25, 1979 and to the meeting of November 6, 1979 at 7:00 p:m. DEPUTY CITY CLERK