HomeMy WebLinkAboutcc min 1981/01/13 MINUTES OF A REGULAR ~ETING OF THE CI%Y COUNCIL
CHULA VISTA, CALIFORNIA
Tuesday, January 13, 1981 - 7:00 p.m. Council Chambers, 276 Fourth Avenue
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, Cox, McCandliss
Councilmen absent: None
Staff present City Manager Cole, City Attorney Lindberg, Assistant City
Manager Asmus, Development Services Administrator Robens
The pledge of allegiance to the Flag was led by Mayor Hyde and followed by a moment of
silent prayer.
1. APPROVAL OF MINUTES for the meeting of January 6, 1981
MSUC (McCandliss/Cox) that the minutes be approved, copies having been sent to
each Councilman.
2. SPECIAL ORDERS OF THE DAY (None)
S. ORAL COb~UNICATIONS
a. James Matherly, 402 0aklawn, read a speech in which he opposed the "Tijuana
Train" and voiced his concern regarding government overspending.
4. WRITTEN COMMUNICATIONS (None)
PUBLIC HEARING (Continued from the meeting of January 6, 1981)
5. Public hearing - APPEAL OF PLANNING COMMISSION DECISION NOT TO APPROVE
RELOCATION ASSISTANCE FOR TENANTS OF RESIDENTIAL PROPERTIES
BEING CONVERTED TO CONDOMINIUM OWNERSHIP
This being the time and place as advertised, Mayor Hyde opened the public hearing.
Director of Planning Peterson explained that the meeting was continued and staff
directed to provide the Council with all material pertaining to the proposed
regulation considered by the Planning Commission and its action of November 26,
1980, which was to provide rental assistance in the amount of one month'5 rent
or $300, whichever is greater. This action was appealed to Council by the City
Clerk.
Mr. Peterson said his recommendation was for relocation assistance in the amount
of $500 or two month's rent, whichever is greater, to tenants who elect not to
purchase a unit and who resided in their rental unit at the time the landlord
gave notice of intention to convert prior to termination of tenancy. The Plan-
ning Co~unission required a tenant to live in his rental unit at the time of
filing of the tenative map and to still reside in his unit at the time of expira-
tion of his right of first refusal to purchase in order to be eligible for re-
location assistance.
Council discussion followed with Mr. Peterson regarding the present rights of
tenants, the new State law regarding notification to tenant5 of conversions,
what other cities in the County are doing in this regard, conjectural questions
regarding tenants having month-to-month leases and those who rent the apartments
with the knowledge that the units are to be converted.
Jon Miller, 397 Third Avenue, Chula Vista, stated he is opposed to the relocation
policy for the following reasons: (1) State laws allow ample time for a tenant
to relocate; (2) the relocation assistance adds an additional burden to the home
buyer; (3) similar to an inclusionary housing policy, it places a fee on tho
homebuyer; (4) he questions the constitutionality of the "tenant moving tax;"
(5) it is unnecessary; (6) he asks why it is necessary to penalize the homeowner.
Jerry Valk, 291 Camino Vista Real, commented that any homeowner or landlord can
give his tenant 30 days' eviction notice without any reason for so doing.
City Council Meeting -2- January 13, 1981
Gene York, 160 Brightwood, concurred with Mr. Miller's comments, noting the
vacancy factor in the County (6.4%) and in the City (4.4%). Mr. York discussed
the State law, which requires the landlord to notify his tenants of his plans
to convert at the time he files his tentative map. He added that the relocation
assistance was unnecessary and if the Council did support it, he would recommend
the $300 or one month's rent.
There being no further comments, either for or against, the hearing was declared
closed.
Further Council discussion involved the units built on Telegraph Canyon Road
(Ray Huffman) which will be converted in the future; possibility of economic
gain by the tenants; same arguments could be applied to a person owning a single-
family dwelling; the relocation assistance should not be a windfall -- it should
go only to people who are tenants before there are plans for conversion; they
must actually be forced to move because of the change; the $300 or $500 is not
significant to the home buyer when you consider he will be paying up to $120,000
for his unit.
MSC (Hyde/Gillow) to direct staff (1) to bring back ordinance which provides for
relocation assistance for tenants of residential properties being converted to
condominium ownership where the assistance would be provided for those parties
that are occupying the premises at the time when the commencement of the condo-
minium conversion first begins and who are actually, in fact, forced to move out
of the units they occupy to accommodate the change of ownership caused by the
condominium conversion; (2) that the relocation assistance provided be one
month's rent or $300, whichever is greater, for normal disposition and that
secondly, provision be made for an additional one month's rent or $300, to a
maximum of $500 for those persons who are classified as elderly (6S years and
older) and those who can demonstrate that they are handicapped or disabled.
The motion carried with Councilman Cox voting "no", stating that he does not
feel the problem is that significant, and State law provides ample time for a
tenant to relocate.
CONSENT CALENDAR
(Items #6 through #8)
MSUC (Scott/Hyde) that the Consent Calendar be approved and adopted with the exception
of items 7a and 7b.
6. RESOLUTION 10373 - ADOPTING REVISION TO RULE 1.13 OF THE CIVIL SERVICE RULBS -
CERTIFICATION OF PAYROLLS
The rule concerning payrolls has not been modified since 1952, and over the years,
changes have occurred both as a result of changes in practice, sharing of responsibil-
ities between departments and computerization. The rule has been modified to update
ali the changes.
8. RESOLUTION 10374 - APPROVING MAP OF VILLA SAN MIGUEL, REJECTING OFFER OF
DEDICATION OF A PUBLIC STREET AND ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION AND APPROVING AGREES~NT FOR THE
COMPLETION OF IMPROVEb~NTS REQUIRED BY SAID SUBDIVISION
The final map has been checked by the Engineering Department and found to be in
conformity with the tentative map approved on March 27, 1979 (Resolution 9540). The
developers have paid all required fees and submitted all required documents except
security documents. Recording of the final map will be withheld until receipt of
the required bonds. If map is not recorded within 60 days, the approval is automat-
ically null and void.
(END OF CONSENT CALENDAR)
7a. REPORT ON ACCESS AND SEWERS FOR CHULA VISTA WOODS
City Engineer Lippitt reported that the tentative map for this subdivision was
approved in January 1978 and expires July 1981. One major block has been a lack
City Council Meeting -3- January 13, 1981
of access. The Otay Municipal Water District is proceeding with acquisition of a
right-of-way for a water line -- a loop system that would assure continuity of
service to the homes and the hospital in the even~ of an emergency break in the lines.
The recommendation is to set this matter for public hearing on February 3, 1981.
The conditions of the approval of the tentative map dealt with the provision of
right-of-way for sewers and the construction of gravity sewers which were to run
southerly and westerly through the adjacent property connecting to the sewer line
at the intersection of East Palomar and Oleander Avenue. The City Engineer
recommended that the powers of eminent domain not be used to obtain the easement,
since a temporary pump station could be used until the areas proposed to be condemned
for sewer purposes develop along with the adjacent property.
Mrs. Rose Patek, President of United Enterprises, asked for a continuance of the
public hearing date. She said she became aware of this agenda item this afternoon
and in reviewing the information being sent to the Council, had found that it con-
tains many "inadequacies."
Council discussion ensued regarding the date of the public hearing, accepting public
testimony at this point, legality of notifying interested parties of the public hearing
date, and questions pertaining to the Water District's need for the loop line.
Mr. Ralph Barber, Assistant Director of Engineering, Otay Municipal Water District,
referred to a plat of the area and explained that the water service now being provided
to the residents and the hospital (the 12" to 16" main) was installed as a single line
in 1964. There are two tanks that could supply water for one day only, and there
have been four or five major breaks along Telegraph Canyon Road in the last 15 years.
MSUC (Hyde/Gillow) to accept the report.
7b. RESOLUTION 10375 - INTENTION TO SET PUBLIC HEARING TO CONSIDER CONDEMNATION OF
RIGHT-OF-WAY FOR SAPHIRE STREET
In accordance with the report of the City Engineer, the public hearing is set for
Tuesday, February 3, 1981, at 7:00 p.m.
RESOLUTION OFFERED BY Councilman Cox, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
UNANIMOUS CONSENT ITEM:
8a. RESOLUTION 10376 - APPROVING AGREEMENT WITH JOSEPH WARBURTON FOR OPERATION OF
THE HALFWAY HOUSE/SNACK BAR AT THE CHULA VISTA MUNICIPAL
GOLF COURSE
At the meeting held on January 10, 1981, the Council gave approval to an agreement with
Golf Pro Joseph Warburton to operate the Halfway House/Snack Bar until such time as a
new operator is found for The Glenn Restaurant.
RESOLUTION OFFERED BY Mayor Hyde, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION 10377 - ACCEPTING BIDS AND AWARDING CONTRACT FOR REBUILDING OF ~DBIL
STREET SWEEPER
The Council approved funds for this fiscal year to rebuild the existing City street
sweeper or to purchase a used one from the City of San Diego. The recommendation is
that the City's 1964 sweeper be rebuilt and not purchase a used sweeper from San
Diego. Bids were received on November 23, 1980. Donaher & Sons, Inc., Anaheim,
submitted the low bid of $34,845.00.
RESOLUTION OFFERED BY Councilwoman McCandliss, the reading of the text was waived
by unanimous consent, passed and adopted by a unanimous vote.
10. REPORT OF THE CITY MANAGER
a. RETIREES' BENEFITS City Manager Lane Cole stated he will have this item on
the next agenda.
City Council Meeting -4- January 13, 1981
REPORTS OF CITY OFFICERS AND DEPAR~]qENT HEADS
11. UPDATE ON WORK PROGRAM
Director of Personnel Thorsen submitted a report on the work program that arose
out of the employee attitude survey. The report covered (1) the suggestion
plan; (2) formal orientation program for new employees; (3) video-taped presen-
tation about departmental operations and (4) departmental operations by PAPE
(Policy Analysis and Program Evaluation) department.
In answer to the Council's question, City Manager Cole stated there is no mone-
tary award for productive suggestions.
MSUC (Cox/Scott) to recognize the employee(s) once a month at a Council meeting
who contribute money-saving suggestions to the City.
Councilman Gillow suggested that new employees be given the chance to view the
video tapes to acquaint them with operations of the various departments.
MSUC (Scott/Hyde) to accept the report.
12. REPORT ON M3~NAGEMENT LETTER FROM DIEHL, EVANS AND COMPANY
Director of Finance Grant submitted a memo to the Council in response to the
management letter submitted by Diehl, Evans and Company on the audit recommenda-
tions for improvement of internal control in the Data Processing Division and
the disbursements system. Mr. Grant reported on the changes being made in the
department.
MSUC (Scott/McCandliss) to accept the report.
13. REPORT ON SECURITY RESIDENT PROGRAM
Acting Director of Parks & Recreation submitted a report in which he discussed
the trial Security Resident installation in Gregg Rogers Park. He indicated
that the initial six months ]las been a period when the Security Residents were
getting acquainted with their new environment, along with the residents in the
area, and the Police and Parks & Recreation Department were refining Security
procedures. The recommendation was that Parks § Recreation Department continue
the evaluation period for another six months and to hold additional budgeted
mobile home installations in abeyance until the end of the new evaluation period.
MSUC (Scott/Hyde) to accept the report.
14. REPORT ON BAY GENERAL COMMUNITY HOSPITAL REQUEST TO STAGE A 10-KILOMETER RUN
Acting Director of Parks & Recreation reported the Hospital's request to use the
City's 10-K course on March 21, 1981 beginning at 7:00 a.m. for their Cardiac
Rehabilitation Program. The recommendation was for approval of the request,
with the Hospital paying for the City's overhead costs: Police Reserves - $80;
overtime for a Traffic Signal Technician and other employees - $60.
MSUC (Cox/Scott) to accept the report.
iS. REPORT ON USE OF ROItR MANOR
Acting Director of Parks & Recreation submitted a report listing options for
the use of Rohr Manor now that it is no longer used for the Park~ & Recreation
administrative offices. The option recommended to Council was to convert the
upper floor of the Manor to a security resident's apartment at a cost of $7,000.
Mayor Hyde questioned the amount of $7,000 to be spent in the renovation. It
was moved by Mayor Hyde that the Council authorize the expenditure of not over
$6,000.
The motion died for lack of second.
Council discussion centered on the "intimidation" factor; getting reliable
security residents; surveillance of City equipment; spending the $7,000 for the
City Council Meeting -5- January 13, 1981
renovation and then finding out the program doesn't work out.
~UC (Scott/Gillow) to accept the report.
16. REPORT ON REQUEST FOR PROPOSAL FOR DEVELOPMENT OF ELDERLY LOW-INCO~ HOUSING
Community Development Director Desrochers reported on the effort to obtain
funding sources for the development of the one-acre site on "F" Street for
use as an elderly low-rent housing site. The City has been informed of the
possibility of funds in the U.S. Department of Housing and Urban Development
Department Section 202 Elderly/Handicapped Housing Program and staff has pre-
pared a request for proposal for a non-profit developer to build Section 202
Housing on that site. Mr. Desrochers requested approval to issue the request
for proposal.
MSUC (Scott/Gillow) to accept staff recommendations.
17. REPORT ON ADDITIONAL ASSOCIATE PLANNER IN THE PLANNING DEPARTMENT
During the last budget hearings, Council approved the addition of one Associate
Planner, but directed that the position not be filled until full consideration
could be given to the hiring of a planning consultant or contract planner in
lieu of adding a staff person. Director of Planning Peterson reported that he
has evaluated the current and future workloads in the Department and is recom-
mending the hiring of a contract planner for a period not to exceed 18 months.
If recruiting for such a position is not successful, that staff be authorized
to commence proceedings to recruit for an Associate Planner.
MSUC (McCandliss/Scott) to approve the staff's recommendation.
18. REPORT ON ELIMINATION OF PARKING SPACES NEAR THE INTERSECTION OF FOURTH AVENUE
AND DAVIDSON STREET
City Engineer Lippitt responded to the request made by K. Niek Slijk in November
1980 for thee~mination of several parking spaces on Fourth Avenue south of
Davidson Street, and the Council's referral to staff for a further analysis on
the elimination of spaces to provide for sight distance in accordance with City
guidelines. Mr. Lippitt recommended that no parking spaces be eliminated at this
time but that the parking spaces on the southeast corner be shifted southerly to
provide more convenient sight distance for motorists westbound on Davldson Street
without reducing the parking supply.
MSUC (Cox/Scott) to accept the report.
19. MAYOR'S REPORT
a. Rent increases at Brentwood Mobile Home Park Mayor Hyde asked the City Manager
for a status report on Mr. George Hilger's letter (December 23 meeting) regard-
ing the problem of increased rents and his recommendation that Block Grant funds
be provided for a mobile home park with reasonable rental fees.
City Manager Cole referred to his comments made at that meeting that the City
had no jurisdiction in establishing rents, but that he would recommend utilizing
the services of the Golden State Mobilhome Owners' League, the Mobilhome Owners
Executive Group and Mr. Hilger in the development of mobile home programs.
In answer to the Mayor's question, City Attorney Lindberg stated that the City
can establish a rent control program but that it cannot be confined strictly to
mobile home parks.
MSUC (Hyde/Gillow) that Mr. Hilger's letter be referred to the staff with the
direction that they contact Mr. Hilger and the Golden State Mobilhome Owners'
Association and appropriate mobile home owners or operators and discuss Mr.
Hilger's letter, and then make recommendations as to whether or not this Council
should take action along those lines suggested by Mr. Hilger.
Mayor Hyde asked the City Manager to give the Council a target date for this
report at the next meeting.
City Council Heeting -6- January 13, 1981
19. MAYOR'S RE, PORT (CONTINUED)
b. MTDB Report Mayor Hyde reported that the MTDB did not approve the expen-
diture of the $150,000 to complete the light rail system by the targeted date
of July 1981.
c. Tax Allocation Committee Mayor Hyde said that this Mayor's Ad Hoc Committee
will be meeting with the Board of Supervisors on January 28, 1981.
20. COUNCIL COMMENTS
a. REQUEST TO INCLUDE CRIME PREVENTION UNIT IN 81-82 BUDGET DELIBERATIONS
Chairman of the Crime Prevention Committee, Councilman Gillow, reported that
the Committee is recommending that a separate crime prevention unit be created
within the Police Department and that the manpower assigned to such a unit work
on crime prevention full time. The recommendation was that staff include the
creation of this unit as an item 'for discussion during budget deliberations.
The financial impact would be approximately $60,000 to $70,000 a year.
MSUC (Scott/Cox) that this be taken up at budget time.
b. Executive Session MSUC (Gillow/McCandliss) for an Executive Session for
personnel reasons following the meeting.
c. Neighborhood Watch ads Councilman Gillow, on hehalf of the Crime Prevention
Committee, requested an additional expenditure of $300 to continue the ads for
the Neighborhood Watch program.
MSUC (Gillow/Cox) that this item be docketed for the next Council meeting.
d. Ad Hoc Committees MSUC (Mayor/Scott) that the staff prepare a list of all
existing ad hoc committees and bring it back on February 3 and that the
Council consider whether or not they wish to consider a date for the expiration
of those committees.
e. SuperCity Concept Councilman Gillow referred to his memo to the Council last
week on this program, stating there will be a conference in Tijuana in May with
some basic ideas to be worked out for jointed programs between the two regions.
Councilman Gillow said he will prepare a draft of a letter to support the
conference.
f. HSC (Cox/Scott) to support SB 65 (Boatright), which exempts police cars, fire
engines and other emergency vehicles from the Air Resource Board's emission re-
quirements. Councilwoman McCandliss voted "no," indicating her opposition to
the "double standard".
g. MSUC (Scott/Cox) to change the February 12 conference to February 11. (Council-
man Cox will be out of town on Pebruary 12).
h. Councilman Cox commented that he met with Andy Campbell, Vice Principal of
B6nita Vista Junior High School and Butch Comer affiliated with the soccer
programs in an attempt to develop more soccer fields at the junior high zchool.
Expanding the turf area at the school would cost $38~000 and there are some
funds available from the school district. They will be sending a formal letter
to the Council to see of the City would be willing to participate in this venture.
MSUC (Cox/Gillow) for staff to come back with a report on the cost of providing
municipal services as opposed to the revenues brought in through property taxes --
staff is to check the literature available and see if there is any information they
can come up with dealing with that subject.
i. Councilwoman McCandliss asked for a status report on the acoustical problems of
the Parkway Community Center.
Assistant City Manager Asmus noted the recommendations of the acoustics consultant,
the informal quotations that exceed the City's limitations and the cost. He
City Council Meeting -7- January 13, 198~
said he will have a report ready for Council at the next meeting.
j. The National League of Cities Conference will be held in Washington February 28
to March 3. Councilmen Scott, Gillow and Mayor Hyde indicated they will attend.
Councilman Scott asked the staff to arrange meetings with the various agencies
(HUD, Redevelopment Agencies, new Congressman) so that they will have a busy
and productive schedule.
ADJOURNMENT at 9:43 p.m. to the Redevelopment Agency meeting. At 9:45 p.m., the
Council recessed to Executive Session. The City Clerk was excused and the Mayor
reported that the executive session and meeting adjourned at 10:05 p.m. to the
meeting scheduled for Thursday, January 15, 1981 at 4 p.m. and to January 20,
1981 at 7 p.m.
-Jennie M. Fulasz, CMC
City Clerk
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COIK~TY OF SD2~ DIEGO ) ss OF ADJOUkN~.ZENT OF MEETING
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say :
That I am the' duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the regular meeting of the Council of the City of
Chula Vista was held January 13, 1981
and said meeting was adjourned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on January 14, 1981 at the hour of 9:20 am
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said meeting of January 13, 1981
was held.
C~ty Clerk
Subscribed and sworn to before me this
day of
19
Notary Public in and for said County
and State of California
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held January 13, 1981
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7 p.m. with
the following
Councilmen present: Mayor Hyde, ~ouncilm~n'S~ott~ Gillow, Cox, McCandliss
Councilmen absent: None
ADJOURNMENT
The Mayor adjourned the meeting at 9:43 p.m. until Thursday,
January 15 , 1981 at 4 p.m. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO
HEREBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of January 13, 1981
~N±E M. PULASZ, CMC, ~ITY CL~K
, City of Chula Vista, California