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HomeMy WebLinkAboutcc min 1981/01/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, January 6, 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 followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of December 23, 1980 MSUC (Cox, Scott) that the minutes be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION NO. 10365 COMMENDING JACOB DEKEMA UPON HIS RETIREMENT FROM HIS POSITION AS DISTRICT DIP, ECTOR OF TRANSPORTATION, DISTRICT 11, CALTRANS Mr. Dekema announced his retirement from employment with CALTRANS effective December 31, 1980. The resolution commends him for his outstanding service to the San Diego County region. RESOLUTION OFFERED by Mayor Hyde, the reading of the text was by Mayor Hyde, passed and adopted by a unanimous vote. 3. ORAL CON~MUNICATIONS (None) 4. WRITTEN CO~UNICATIONS (None) 5. PUBLIC HEARING APPEAL OF PLANNING CO~{qISSION 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. Referring to his written report, Director of Planning Peterson noted the Council's concern over the financial hardship confronting rental tenants of residential developments which are converted to condominium ownership and Council's direction to Planning staff to prepare an amendment to the condominium regulations requiring owners of said developments to provide relocation assistance to their tenants. On November 26, 1980, the Planning Commission voted 2:3 with two members absent to provide rental assistance in the amount of one month's rent or $300, whichever is greater. The failure to approve the motion was appealed to Council by the City Clerk. Mr. Peterson explained the requirements of the State Subdivision Map Act as it relates to conversions and submitted an amendment to the City's ordinance which would (1) provide the tenant with two months' rent or $500 whichever is greater; (2) making the payment due within five days from the date a tenant moves from the project; and (3) upon the filing of a tentative map with the city for the purpose of converting the rental units into condominium ownership, the developer must notify the prospective tenants of this fact. Mr. Eugene York, 160 Brightwood, Chula Vistaj questioned the rationalo of the Council considering an amendment different from that proposed by the Planning Commission. City Council Meeting -2- January 6, 1981 Council discussion followed regarding the legality of this consideration. MS (Cox/Scott) to refer this back to the Planning Commission for their considera- tion. Substitute Motion: MSUC (Mayor/Scott) to continue this matter until next week and that the Council have back before it for consideration the amendment that was proposed to the Planning Commission and acted npon by them. 6. PUBLIC HEARING CONSIDERATION OF AMENDMENT TO ~HE GENERAL PLAN TO CHANGE THE DESIGNATION OF 19 ACRES IN THE VICINITY OF OTAY VALLEY ROAD AND BP~DYWINE AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO RESEARCH AND LIMITED INDUSTRIAL The Environmental Review Committee, PRC Toups Corporation and the project propo- nents signed the standard agreement to prepare the EIR on this project. After expansion of the project, a new EIR was required. PRC Toups completed the pre- liminary draft SIR. The Director of Planning recommended a continuance of the public hearing to February 3, 1981 to allow the project proponent to fulfill his payment obligations (to Toups) as agreed to by all parties. MSUC (Scott/Gillow) to continue this public hearing to February 3, 1981. RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION NO. 10366 ACCEPTING GR~NT OF EASEMENT FOR STREET TREE PURPOSES In conjunction with the conditional approval of TPM 81-4, the owners, Gene and Mignon Gantert, executed the necessary document for granting the easement for street tree purposes to the City ~- an 8-foot-wide strip of land along Sea Vale Street. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 8. RESOLUTION NO. 10367 APPROPRIATING GAS TAX FUNDS FOR THE APPRAISAL OF THREE EXCESS CITY-OWNED RIGHT-OF-WAY PARCELS Parcel 1 is located in the northwest quadrant of the Palomar Street and I-$ freeway interchange and consists of 0.3334 acres. Parcel 2, consisting of 0.4861 acres, is located west of the northerly terminus of Vista Drive at the 1-805 freeway. Parcel 3 is located along the east side of North Second Avenue near the northerly City limits and consists of 0.1715 acres. Several parties have indicated their interests in purchasing the properties. The recommendation of the City Engineer was for the appropriation of $d,000 from the unappropriated balance of 2106 Gas Tax funds to Project 250-2501-GT129 (Sale of Excess Rights-of-Way); authorize an agreement with Thomas L. Roberts for the appraisals; and authorize the expenditure of the $4,000. RESOLUTION OFFERED by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 9. RESOLUTION NO. 10368 APPROPRIATING FUNDS FOR REFUND OF OVERPAYMENT OF FEDERAL FUNDS FOR FAU PROJECT M-S163(1) The City received FAU funds to construct several traffic signal systems in 1976. Upon completion, the project was audited by the Office of the Controller of the State of California and it was found that the City received fund5 for ineligible costs (i.e., construction engineering costs prior to FHWA authorization date of November 17, 1976). The resolution is for the appropriation of $3,917.76 for the overpayment. RESOLUTION OFFERED by Councilman Cox, the reading of the text was waived by unani- mous consent, passed and adopted by a unanimous vote. 10. RESOLUTION NO. 10369 APPROVING ENCROACHMENT PERMIT TO McMILLIN DEVELOPMENT FOR FENCE ACROSS PRIMROSE PLACE McMillin Development is building dwelling units in the Morgan and Gardner Sub- division. The model homes are being built along Primrose Place, which is a City Council Meeting -3- January 6, 1981 short cul-de-sac off Hilltop Drive. In lieu of extending a fence around the bulb of the cul-de-sac, the developer proposes to place the fence across the street approximately 150 feet east of Hilltop Drive. RESOLUTION OFFERED by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 11. RESOLUTION NO. 10370 APPROPRIATING FUNDS FOR LIBRARY CONCERT SERIES The sum of $860 for the seven Library Chamber Concert Series managed by Gretchen Evans was approved in the 1980-81 budget. The fall series has been completed; however, Mrs. Evans has been informed that due to a cutback in national funds, the Musician's Trust will be unable to provide financial support for the spring series. Considering various options available to the City, the Assistant City Manager recommended completion of the spring concert series with an additional $132.50 to be paid by the City. Mrs. Evans has agreed to reduce her fee from $250 to $112.50 to manage the three remaining concerts. Council discussion followed, with Mrs. Evans explaining the attendance record at the concert series, the impact of having free movies and the concert at the same evenings. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. MSUC (Hyde/Cox) to ask the City Manager to advise the Council why there is a program in the library of the concert series and free movies occurring simultan- eously. 12. RESOLUTION NO. 10~71 ADOPTING AMENDMENT TO THE EL RANCHO DEL REY SPECIFIC PLAN On June 26, 1980, the Gersten Company presented the City with a conceptual program for the development of East "H" Street. After close work with staff, a development program has been formulated which will equitably spread the cost of contribution of of East "H" Street and insure that all benefited property owners will contribute toward the development of East "H" Street prior to the construction of any further development in E1 Rancho del Rey. On December 16, 1980, the City Council conducted a public hearing and approved the amendment to the E1 Rancho del Rey Specific Plan. The resolution officiates this action. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. In answer to Councilman Cox's question, City Engineer Lippitt explained that during the Capital Improvement Program (CIP), staff will be considering the City's contribution to this project. It was moved by Councilman Cox to direct staff to prepare prior to budget session so that the Council will have time to look it over and consider the various alterna- t ives, a program they would like the City to pursue in regards to the timing and development of "H" Street and the manner of development. Further discussion involved the policy of the west to east development. City Engineer Lippitt explained the process of the current proposed projects with each development paying for its share of the improvements and putting them in at the time of the development. Councilman Cox noted he did not receive a second to hi~ motion; however, he withdrew his motion noting that a full report will be coming back to Council at budget time. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 1S. RESOLUTION NO. 10572 APPROVING ENCROACHMENT PERMIT TO HENRY CONTRERAS TO BUILD ROOM ADDITION UPON Th~ CITY'S SEWER EASEMENT AT 1426 MELROSE AVENUE On November $, 1980, Stephen Kirby, acting as agent for Henry Contreras, owner of the property at 1426 Melrose Avenue, requested an encroachment permit to City Council Meeting -4- January 6, 1981 extend an existing bedroom into a sewer easement on the north side of the property. The proposed configuration is the only feasible way of providing an addition with wheelchair access, which is a requisite for the owner. The reso- lution is for approval of the permit with the condition that (1) the City is held harmless from any liability damage in the event that excavation is necessary to repair or replace the sewer main and (2) the owner will be held liable for added costs of the sewer repair occasioned by the existence of this encroachment. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 14. REPORT OF THE CITY MANAGER a. REPORT ON PAPE WORK PROGRAM (Policy Analysis and Program Evaluation) City Manager Cole submitted a history of the work programs beginning with the formation of the department in September 1979 through May 1981. MSUC (Cox/Gillow) to accept the report. Councilman Scott remarked that one of the reasons for the formation of the PAPE department was to get in-house capabilities to study the various departments. A study was conducted of the Parks & Recreation Department in March which the Council was not made aware of. Councilman Scott felt the Council should review this report (such as they did for the Planning Department) to determine the strengths and weaknesses of the department. City Manager Cole declared that the Parks & Recreation report will be made available to the Council if they so desire. Mr. Cole added that it was his opinion that the review of the departments was an administrative task as long as it did not affect the structure or budgetary changes of the department. MSUC (Scott/Hyde) that when there is a review of any of the departments that the Council be provided with a report (marked "confidential" if that's what it is) and, subsequent to that, the Council have a Council Conference to review it. Mayor Hyde commented that in his recollection of the establishment of PAPE, among other things, a high priority was to be given to organizations of the various departments, the operational procedures, opportunities to practice efficient budgeting, staffing, savings, etc., and to concentrate PAPE's time as much as possible, on at least a first-time analysis, of the administration of each of the departments. b. REPORT ON R~qL~ST FROM OUR HOUSE FOR INCREASED RENT ALLOWANCE Assistant City Manager Asmus submitted a written report explaining that $12,000 was provided Our House in the 1980-81 budget for the following: $800 per month for rent and $200 a month for utilities. The $800 rental allowance was a $400 a month increase in anticipation of moving to a new facility on or about July 1, 1980. The relocation will not occur until March 1, 1981, and at a new monthly rental of $1,495. The Executive Director requested that the savings in rent for the period of July 1, 1980 through February 28, 1981 be authorized to meet the increased rent for the period March 1 through June 30, 1981. The City Manager recommended approval. ~tSUC (Hyde/Gillow) to approve the staff's recommendation. c. PLAY AT GOLF COURSE City Manager Cole submitted a fact sheet noting the rounds played at the golf course for the months July through December for 1978/1979 and ]980/81. d. MSUC (Hyde/Scott) for Executive Session for possible litigation. REPORTS OF CITY OFFICERS AND DEPARTMHNT HEADS 1S. REPORT ON REMOVAL OF FICUS TREES AT 660 "L" STREET Development Services Administrator Robens reported that the Street Tree Committee, City Council Meeting -5- January 6, 1981 as part of the City's Block Grant program, toured the area encompassed by Interstate 5 and Broadway to the east and west and "I" and "L" Streets to the north and south to examine the trees. Due to the uplifting of the sidewalks caused by the trees, the Committee recommended the removal of seven of the Indian Laurel Fig Trees at 660 "L" Street (in front of the Ratner Corporation). The Development Services Administrator recommended the replacement of three of the trees now with Silver Dollar Eucalyptus trees and removal of the other four trees as they create hazardous conditions. Council discussion followed regarding the rationale of saving the other four trees, the type of tree proposed for the replacement, savings in cost and time. It was moved by Councilman Cox to authorize staff to remove all seven trees at this time. The motion died for lack of second. MSUC (Hyd~/Gillow) to accept the staff's recommendation (removal of three trees at this time). 16. REPORT ON NEIGHBORHOOD WATO{ SIGNS Director of Public Safety Winters reported on the Mayor's Ad Hoc Crime Prevention Committee's request that staff investigate modifying the Residential Zoning Ordinance to permit erection of "Neighborhood Watch" signs. Director Winters recommended approval, noting that the signs would be 18" x 24", metal, placed at a height of 7' above ground level on light standards or street directional posts in the public righ~-o~way. The Police Department would control the number and specific location of the signs, which would be purchased by the citizens. MSUC (Hyde/McCandliss) to accept the staff's recommendation. MAYOR'S REPORT a. Mayor Hyde gave an MTDB status report on the San Diego Trolley operation proposed for operation in July 1981. In answer to Councilman Scott's question regarding the billboard signs taken down, Mayor Hyde explained MTDB's agreement with the sign company to take signs down with 30 days notice. MSUC (Scott/Hyde) that staff look into the ownership of the remaining sign (or signs) and report back to Council and if they are owned by ~frDB to see if they would like to cooperate with the City of Chula Vista (to remove them). Further discussion involved the possible expenditure of $150,000 to complete the project in time for the scheduled opening in July 1981. MSC (Scott/Gillow) that the City Council go on record, and a letter be sent, that unless there is economic benefit to spending the additional money to finish in July, to oppose doing it -- if the only reason is to finish on schedule and within budget. Mayor Hyde abstained from voting (he is a member of the MTDB). b. Mayor Hyde reported that SANDAG's Committee on working out the tax split alloca- tion is moving toward meeting with the Board of Supervisors in the near future. COUNCIL COMMENTS a. Councilman Cox remarked that Assemblyman Ross Johnson has introduced urgency legislation calling for a special statewide election on June 2, 1981, to decide the fate of the Peripheral Canal. The Legislative Committee met and recommended support. MSUC (Cox/Scott) to encourage (this area's) A~semblyman and Senator to support this particular item of legislation to bring about an earlier vote on the referendum. b. In answer to Councilman Cox's query, Director of Public Safety Winters explained the operation of the 911 emergency phone number and how the city's communications department will function with it in its dispatching services to other communities. c. Councilman Cox discussed the report presented to the Council by Mr. Alex Struthers last September of itemized concerns he had that the developer of the La Bonita Apartment condominium conversion failed to complete. City Council Meeting -6- January 6, 1981 MSUC (Cox/Scott) for staff to bring back a report as to why the conditions of the final map were not enforced and what can be done by the City to bring about some type of completion of the improvements that were supposed to be installed. d. Councilman Cox stated that since the meeting at which the Council denied the increase to the retired employees, he has received more information from the City Attorney, the Director of Finance and the Assistant City Manager regarding the one-time only increase. He originally voted against the increase because of his concerns that it would be a precedent-setting action. MSUC (Cox/Scott) to reconsider the motion made by the Council (to deny the increase). Discussion followed regarding the information that the $12,000 increase was for a one-time basis only -- it could not be carried through in future years. MS (Cox/McCandliss) to grant the increase at this time. City Manager Cole advised the Council that the increase cannot take effect for one year -- the action of the Council had to be submitted to the PERS Board by December $1, 1980. Mayor Hyde opposed the motion, stating it was too late to do anything about it at this time and he preferred to get a staff report with the additional information before taking any further action. In view of this time element, Councilman Cox withdrew his motion; Councilwoman McCandliss agreed to the second. e. MSUC (Gillow/Hyde) for an Executive Session for personnel reasons for Council only immediately following the other Executive Session. f. Councilman Scott complimented the staff on the excellent jogging trail at the Chula Vista Municipal Golf Course. g. MSUC (Scott/McCandliss to refer to staff the subject of what the City should be doing on the rabies problem and what could be done to prevent the outbreak of rabies in the City of Chula Vista at this time. h. Mayor Hyde announced that the next Mayor/Supervisor's breakfast meeting will be held on Monday, January 12, 1981, at which time the new Supervisor, Paul Fordem, will be guest speaker. The Council recessed to Executive Session at 8:37 p.m. The City Clerk was excused and the City Manager reported that the session adjourned at 9:45 p.m. ADJOURNMENT at 9;4S p.m. to an adjourned meeting following the Redevelopment Agency meeting of Thursday, January 8; to the meeting of January 10 at 8 a.m. and to the regularly shheduled meeting of January 13, 1981, at 7 p.m. /~O"ennie M. Fulasz, CMC ~ City Clerk STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S~ DIEGO ) ss OF ADJOU~N~-~NT 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 6~ 1981 and said meeting was adjou, rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on January 7, 1981 at the hour of 10 am I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of January 6, 1981 was held. / ~. Cit~ 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 Tuesday, January 6, 1981 The City Council met in the Council Chamber a% %he Public Services Building, 276 Fourth Avenue on the above date at 7 ~.m. with the following Councilmen present: Mayor Hy~ef Councilmen Bcott, Gillow, Cox, McCandliss Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 9:45 p.m. un%il Saturday January 10, 1981 at 8 am ~ 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 6, 1981 ~{~!4IE M. FULASZ. , CMC, C.IT¥ /City of Chula Vz~a, Calzforn~a