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HomeMy WebLinkAboutcc min 1981/09/22 HINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - September 22, 1981 - 7 p.m. Council Chambers, Public Services Building ROLL CALL Councilmen present: Mayor pro Tempore McCandliss; Councilmen Scott, Gillow, Cox Councilmen absent: Mayor Hyde Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus In the absence of Mayor Hyde, Mayor pro Tempore McOandliss presided over the meeting. The pledge of allegiance to the Flag was led by Mayor pro Tempore ~cCandliss, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of September 10 and September 15, 1981 ~SUC (Gillow/Cox) to approve the minutes as mailed. Councilman Scott clarified his motion under item 3(a) to reflect that the voting alternate for LAFCO be changed to Iqr. Cole at a later date and not in one week's time. 2. SPECIAL ORDERS OF THE DAY a. Resolution proclaiming October 1981 as "Escrow Month" RESOLUTION OFFERED BY COUNCILMAN SCOTT, Deputy City Clerk Conti read the heading and the text and the resolution was passed and approved unanimously. Mayor pro Tempore McCandliss presented a resolution declaring October as "Escrow Month" in California to Audree Rapp, President of the San Diego County Escrow Association. 3. ORAL COMMUI~ICATIONS a. James Johnson, 315 Sea Vale Street, stated that without proper notification, City work crews made changes to his driveway to prevent water run-off from Peter's Nursery from eroding property below ~r. Johnson's residence. He called the Engineering Department and was advised that the City owns 40 feet of right of way from the center line of the street and instructions were given to City crews to proceed with the modifications. MSUC (Scott/Cox) to refer this matter to staff for report back to Council in t~o weeks as to the facts of the situation and also ~hether or not there should be a possible policy change as far as information ~notification to the people). 4. WRITTEN COMMUNICATIONS a. Claim a~ainst the City - Nancy Sabala~ 4243 Bonita Road #44, Bonita A claim was filed against the City on behalf of Nancy Sabala by ~rs. Sabala for $100,000 steadying from an accident at the intersection of Bonita Road and Allen School Road. It was recommended by Carl Warren & Company and risk management staff that the claim be denied on the basis of there being remote question of liability on the part of the City. MSUC (McCandliss/Scott) to deny the claim. b. Recommendation to merge the Fire Districts of Chula Vista and ~ont~omer~, Fred ~rew A recommendation was submitted by Fred Drew, 1275 Banner Avenue, Chula Vista, to merge the Chula Vista and ~ontgomery Fire Districts to form one political sub- division. MSUC (Gillow/Cox) to refer this request to staff for response. c. Request for change in animal shelter pelicy - Karen E. Miller~ ~56 Azalea Street A request for consideration of a change in the animal shelter adoption policy ~as submitted by Karen Miller. ~SUC (Scott/Gillow) to refer to staff. City Council Meeting -2- September 22, 1981 PUBLIC HEARINGS AND RELATED RESOLUTIONS 5. PUBLIC HEARING ESTABLISHING RESOLUTION ALLOWING ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATE PARKING AREA (DIRECTOR OF PUBLIC SAFETY) This being the time and place as advertised, Mayor pro Tempore McCandliss opened the public hearing. In his written report to Council, Director of Public Safety Winters noted that this hearing was scheduled to consider requests received from the Fiesta Twin Theatre and Farrell's Ice Cream Parlour & Restaurant to provide for enforcement of the California Vehicle Code on their parking lots. Director of Public Safety Hinters coF~nented on the disturbances and nuisances caused primarily by juveniles congregating who are not customers of the businesses in the area and noted that since the Police Depart- ment spends a significant amount of time at this location that their efforts would be assisted if authority were given to enforce the provisions of the California Vehicle Code. Speaking in support of the resolution were: Jerry ~illits, 475 Fifth Avenue, representing Fiesta Twin Cinemas; Gary Sappenfeld, 2742 Felton, San Diego, represent- ing Farrell's Ice Cream Parlour; and Augie Carneglia, 10820 Cabacho Drive, San Diego representing Rollerskate Land° There being no further comments, either for or against, the hearing was declared closed° a. RESOLUTION NO. 10631 IMPOSING RULES AND REGULATIO2S GOVERNING THE MOVEMENT OF VEHICLES AS CONTAINED IN THE TRAFFIC CODE OF THE CITY OF CHULA VISTA AND THE CALIFORNIA VEHICLE CODE ON CERTAIN PARKING AREAS LOCATED AT THE NORTHEAST CORNER OF FIFTH AVENUE AND "H" STREET The resolution would permit enforcement of the California Vehicle Code and the Chula Vista Traffic Code on private property. RESOLUTION OFFERED BY COUNCILMAN SCOTT; the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. PUBLIC HEARING CONSIDERATION OF REVOCATION OF TAXICAB CERTIFICATE FOR MACK'S HACK (CITY ATTORNEY) This being the time and place as advertised, Mayor pro Tempore McCandliss opened the public hearing. City Attorney Lindberg reviewed the circumstances leading to the conviction of Charles McMillan, dba Mack's Hack, for aiding aliens in eluding examination and inspection through the use of his taxicab. The City Attorney,'upoh the recom- mendation of the Police Department, recommended that the Certificate be revoked on the basis of Section 5.54.180 of the Municipal Code which delineates the findings on which the Council has the authority to revoke such license. Mro Lindberg advised that the fundamental question before Council is whether the revocation is justified and should be authorized and directed by Council based upon the fact that the current operator, Mr. Charles McMillan, engaged in an operation of smuggling illegal aliens into the United States in violation of all of the previously cited applications of Section 5.54.180. He emphasized the seriousness of the matter and the nature of the hearing with respect to the Constitutionally-protected right of Mro McMillan to earn a livelihood in the City and explained that sworn testimony would be given by the City's witness, Border Patrol Captain James Pelosi and that Charles McMillan would then have an opportunity for cross examination, either by himself or through an attorney and to present witnesses in his behalf. EXAMINATION OF WITNESS FOR THE CITY - BORDER PATROL AGENT JAMES PELOSI Border Patrol Captain James Pelosi, 841Palma Drive, Fallbrook, presented sworn testimony of the events on May 1, 1981 leading to his witnessing the taxi in DeLuz Canyon with two Latin males in the front seat beside the driver, Charles McMillan, and several in the back "laying down slumped out of sight". City Council Meeting -3- September 22, 1981 PUBLIC HEARING CONSIDERATION OF REVOCATION OF TAXICAB CERTIFICATE FOR MACK'S HACK -- continued EXAMINATION OF WITNESS FOR THE CITY - BORDER PATROL AGENT JAMES PELOSI -- continued Agent Pelosi stated that he stopped the vehicle and determined that the occupants were all illegal aliens and took them and Mr. McMillan into custody; that Mr. McMillan was cooperative and admitted that he had knowledge that the aliens were illegally in the United States; was vague as to the price they were paying him and the destination; admitted that he picked them up in Chula Vista at approxi- mately 2:30 a.m. that morning; that there were two mechanical breakdowns with the cab (radiator and alternator) and during the last breakdown he had taken seven of the aliens out of the cab and hid them in the brush on Reche Road and proceeded to a gas station accompanied by the other passenger. Responding to questioning by the City Attorney, Captain Pelosi indicated that Mr. McMillan was aware the activity was prohibited by law and admitted that approximately two years prior he had been apprehended in Temecula by the Border Patrol for transporting illegal aliens. Captain Pelosi then identified Mr. McMillan as the gentleman seated on the right side of the Chamber, second row from the rear. CROSS-EXAMINATION BY CHARLES McMILLAN Charles Mc~illan was sworn in, presented testimony and cross examined Captain Pelosi. Mr. r~cf~illan emphasized that he acted as a taxi driver in accordance with County and federal anti-discrimination codes which prevent drivers from asking people if they "have rights to be here or not", In cross-examination of the City's witness, Iqr. McMillan asserted that the arrest report was "slanted" toward the arresting officer's position; that there has been no prior arrest; and that he was "sticking to taxi laws which (he) would not do as a private individual". Mr. McMillan also projected transparencies of documents in support of his position, copies of which were delivered to the City Clerk for dissemination to Council. Mayor pro Tempore McCandliss questioned the need for the trial-like atmosphere since the hearing's purpose is not to establish guilt or innocence inasnuch as the matter has been decided in a Court of law. The City Attorney instructed Council that direct evidence has been offered the City as to the encounter and initial arrest in order to establish groundwork for their consideration~ Mr. Lindberg stated that Mr. McMillan's entrance of a guilty plea and the statements that he has made to this Council are sufficient to establish every basis for revoca- tion of the license; that the testimony as offered by Captain Pelosi is sufficient to establish the basic, direct evidence in the matter. Council questioned Mr. McMillan's testimony and his interpretation of the County ordinance prohibiting discrimination of prospective fares. Mr. f~cMillan responded to Council's queries and gave additional testimony asserting that taxi drivers are actually denied due process because a license can be revoked by City Councils with- out there having been a trial and conviction. Further questioning related to'the capacity and safety of the vehicle; the disclosure that the eight fares were trans- ported to Mr. McMillan's house by one of his drivers and the trip commenced from there purportedly without prior arrangement; and that he has not had his licenses revoked by the City or County of San Diego. The following character witnesses-were sworn in and testified in Mr. McMillan's behalf: Jack Steveson, 3782 46th Street, San Diego and ~illiam Bedford, 661 Sea Vale Street, Chula Vista. City Attorney Lindberg summarized the circumstances, advised that he could not advocate permanent revocation and requested that Council consider appropriate re- course so that Mro McMillan, and present and future employees, recognize that ad- herence to all the laws of the community is expected. There being no further comments, either for or against, the hearing was declared closed. Discussion ensued regarding the penalty. City Manager Cole favored total and permanent revocation while Director of Public Safety Winters expressed the opinion that revocation would be harsh. City Council Meeting -4- September 22, 1981 6. PUBLIC HEARING CONSIDERATIO~ OF REVOCATION OF TAXICAB CERTIFICATE FOR MACK'S HACK -, continued MSUC (Scott/Gillow) to hold the decision over for three weeks and get a staff report at that time from the City Manager, City Attorney and Director of Public Safety as to exactly what their recommendations are and after hearing what they have heard tonight, do they come to the same conclusions, and if it was not total revocation what would be the length of time of suspension or whatever type of penalty would they have in mind. Mayor pro Tempore McCandliss cautioned Mro McI.~illan that Council's request for alternatives to total revocation does not imply that Council will not vote to revoke his license. Mr. McMillan commented that a suspension would have the same effect as revocation because he would lose his customers, and he was advised that he could discuss that when Council reconsiders the matter in three weeks. CONSENT CALENDAR MSUC (Gillow/McCandliss) to approve and adopt the Consent Calendar as presented. 7. RESOLUTION NO. 10632 SUPPORTING AN INVESTIGATION AND ANALYSIS OF THE INVESTMENT POLICIES OF THE CALIFORNIA PUBLIC E~IPLOYEES' RETIREMENT SYSTEM IN AN EFFORT TO INCREASE THE RATE OF RETURN (DIRECTOR OF FINANCE) The resolution implements Council action of August 25, 1981, directing that a resolution be prepared to support an investigation and analysis of the PERS investment policies as requested by the City of Daly City. 8. RESOLUTION NO, 10533 ACCEPTING GRANT OF EASEMENTS FOR STREET TREE PURPOSES ALONG BP~qNDYWINE AVENUE AND OTAY VALLEY ROAg: ACCEPTING GRANT O? EASEMENTS FOR STREET PURPOSES ALONG OTAY VALLEY ROAD AND ACCEPTING QUITCLAIM DEEDS FOR STREET TREES AND STREET PURPOSES (CITY ENGINEER) The resolution accepts easements for street tree and street purposes and quitclaim deeds from Jimmie and Judi Shinohara along both sides of Brandywine Avenue and along the north side of Otay Valley Road in conjunction with conditional approval of tentative parcel map 82-4~ g. RESOLUTION NO. 10634 PROHIBITIN~ P~RKING~AT AL[ TIM£S]ON SECTIONS OF "F" STREET TIDELANDS AVENUE AND BAY BOULEVARD (CITY ENGINEER) The resolution prohibits parking on certain streets in the Bayfront area to provide for Caltrans "Around the Bay Bikeway" lanes through Chula Vista. 10. RESOLUTION NO. 10635 APPROVING THE FIHAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 80-21, UNIT 2, VILLAS 9E B~NITA (CITY ENGINEER) On July 8, 1980, by Resolution No. 10173, Council approved the tentative parcel map for CVT 80-21. The resolution approves the final map, which has been checked and found to be in conformity with the tentative map, and the subdivision improvement agreement which has been signed by the subdivider, A&DPartnership. 11. RESOLUTION NO. APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 80-29~ VISTA KNOLLS CONDOMINIUMS WITH AMENDMENT OF CONDITIOn; 4 OF RESOLUTION NO. 10337 AND APPROVING DECLARATION OF RESTRICTIONS (CITY ENGINEER) This item was deleted; however, Council directed that when it returns for con- sideration that it be docketed under Resolutions and Ordinances and not under Consent Calendar. 12. RESOLUTION NO. 10636 ACCEPTING CONTRACT WORK~ IMPROVEMENTS TO ~EMORIAL PARK~ DIVISION ONE (CITY ENGINEER) The resolution accepts the contract work for Division One of ~emorial Park improve- ments consisting of outdoor lighting and well lights completed by Johnson & Sons, Foothill Electric pursuant to contract awarded by Resolution No. 10402. City Council Meeting -5- September 22, 1981 CONSENT CALENDAR -- continued 13. RESOLUTION NO. 10637 ACCEPTING PUBLIC IMPROVEMENTS - INSTALLATION OF STREET ~ LIGHTS ON BONITA ROAD BETHEEN WILLOW STREET AND OTAY LAKES ROAD (CITY ENGINEER) The resolution accepts the public improvements completed by Select Et'ectric on Bonita Road between Willow Street and Otay Lakes Road consisting of installation of City-owned street lights on prestressed concrete poles in conjunction with utility undergrounding on Bonita Road. 14. RESOLUTION NO. 10638 SETTING DATE FOR PUBLIC HEARING TO CONSIDER REVOCATION OF YANKEE DOLLAR CARDROOM LICENSE (CITY ATTORNEY) The resolution sets a public hearing on September 29, 1981, for consideration of revocation of cardroom license issued to Yankee Dollar Cardroom as a result of evidence received of violations of the cardroom ordinance. RESOLUTIONS AND ORDINANCES, FIRST READING 15~ RESOLUTION NO. AMENDING CIVIL SERVICE RULE 2.02.B.2(e) - "ANNUAL VACATIONS" (DIRECTOR OF PERSONNEL) Director of Personnel Thorsen~s report explained that in August 1976, Council placed maximum vacation accrual limits on City employees and that in ensuing years, the maximum limits have conflicted with eligibility for sick leave and vacation use, In cases of extended sick leave, an employee cannot use vacation accrual without forfeiting the use of sick leave, and if sick leave is used, then the vacation which would otherwise have been available for use is forfeited. The Civil Service Commission recommended that Rule 2o02.B,2(e) be amended to allow for accumulation over the maximum limit in cases of extended sick leave with the requirement that the employee reduce the excess balance to the appropriate level within six months of returning to work, Council questioned the definition of "extended sick leave" and in the absence of the Director of Personnel, agreed to continue the matter until such time as a definition was available, Assistant City Manager Asmus re- sponded to Council questions regarding the conflicting leave accruals and dis~ cussion followed concerning the intent of the rule change to allow employees to appeal to the Civil Service Commission on a case-by-case basis when there is a possibility of losing accrued vacation because the employee is on sick leave. MSUC (Scott/Gillow) to hold this over until the time staff feels they have the answers and come back to the Council with a resolution. 16. RESOLUTION NO. 10639 APPROVING EXTENSION OF TIME, CHULA VISTA TRANSIT CENTER (CITY ENGINEER) The resolution grants a 23-day time extension to Dyno Construction for construction of the transit center at Woodlawn Avenue at "H" Street, changing the contract completion date to October 27, 1981. City Engineer Lippitt commented on the delays encountered by the contractor, noting that circumstances causing the delays were beyond the control of Dyno Construction. Christopher Hinman, General Manager for Dyno Construction, responded to Council's questions regarding the status of the project and stated that they foresee no further problems in meeting the construction schedule and completing the project by the extended contract date of October 27, 1981. RESOLUTION OFFERED BY COUNCILMAN SCOTT; the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. ORDINANCE NO. AMENDING SECTION 9.24.010 OF THE MUNICIPAL CODE RELATING TO REGULATION OF FORTUNETELLING ~CITY ATTORNEY) The request made by Mrs. Joan Moreland, astrologer, on September 1, 1981 was that Council remove the practice of astrology from the Code section dealing with for- tunetelling and occult practices and permit licensing of this business activity in Chula Vista. Mayor pro Tempore McCandliss announced that Mrs. ~ioreland requested that this matter be continued to October 6th. MSUC (Cox/Gillow) to continue this item to the meeting of October 5, 1981. City Council Meeting -6- September 22, 1981 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 18. Report on proposed ordinance amending Section 5.20 of the Municipal Code regulating games permitted in cardrooms (Director of Public Safety) In his written report, Director of Public Safety Winters provided justification as requested by Council for the recommended increase in the hourly rate to $4.00 and the increase in the maximum bet limit from $20 to $30. Director Winters recommended additional amendments to prohibit jackpots; to permit the playing of hi-lo poker; and to require the posting of signs indicating that hi-lo is permitted, that jack- pots are not permitted and that the maximum charge per hour is $4.00. Council comment related to the increased betting limit to $30 and permitting hi-lo poker. Councilman Scott and Mayor pro Tempore McCandliss specifically objected on the basis that those changes would change the "recreational" nature of the City's card rooms. Councilman Gillow attempted a motion to approve the amendment to prohibit jackpots and to allow the playing of hi-lo poker. The motion died for a lack of a second. MS (Scott/McCandliss) that Section 5.20.110 be amended to prohibit jackpots and deleting the allowance of the playing of hi-lo poker. The motion failed, by the following vote: AYES: Scott, McCandliss NOES: Gillow, Cox ABSENT: Mayor Hyde MS (Gillow/McCandliss to continue the entire matter until a full Council is present. Discussion followed and Councilman Scott commented that the original ordinance would stand inasmuch as the first recommendation failed, but spoke against continuation of the full item and in favor of considering the balance of the amendments. City Attorney Lindberg noted that the original intent of the first amendment was to allow the hi-lo split and to add specificity to the present law that jackpots are not allowed. The motion failed by the following vote: AYES: Gillow, McCandliss NOES: Scott, Cox ABSENT: Mayor Hyde MSUC (Gillow/Cox) to approve changes 2 and 3 and recommend that the ordinance with recommended changes 2 and 3 be brought back for first reading at the next regular Council meeting. 19a. Report on location change and City's liabilit~ for a proposed conversational exer- cise trail (Director of Parks and Recreation} Director of Parks and Recreation Pfister reported that the Parks and Receation Commission and staff investigated the possibility of using the Library park site for the exercise trail and that the Director of Personnel consulted with the City's Risk Management Consultant regarding exposure to liability for use of the trail and submitted a written report recommending regular maintenance and a posted sign indi- cating that all persons should consult with their physician before using the trail. Director Pfister advised that the Parks and Recreation Commission reiterated its position in favor of the Memorial Park location, recommending the Library park as an alternate choice, but noted that City staff continues to recommend the Vista Square location previously discussed. b. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND BAY GENERAL HOSPITAL FOR THE CITY TO ACCEPT AS A GIFT AND TO INSTALL A SENIOR CITIZENS CONVERSATIONAL EXERCISE TRAIL IN VISTA SQUARE PARK The resolution accepts tnTrail as a gift to the City from Bay General Hospital to be installed and maintained by City forces. MSUC (McCandliss/Gillow) to accept the report and have a resolution brought back placing the exercise trail at the Library park. City Council Meeting -7- September 22, 1981 20. REPORT OF THE CITY MANAGER a. Status report on The Glenn remodeling project City Manager Cole reported that the plans and specifications are expected to be completed by October 1st and that project cost and financin9 have yet to be determined. Additionally, questions remain to be resolved concerning the right of first refusal to develop the property to the west of The Glenn because it is anticipated that portions will be required for additional parking. Councilman Scott asked when something final would be presented to Council and raised numerous questions related to establishing a date, whether tentative or certain, when the contract would come before Council; the type of financing contemplated; estimated costs of the project; and a date certain to come before Council with a tentative financing scheme. MSUC (Scott/Gillow) to have a financing plan back to the Council in three weeks. Mr. Cole and Assistant City Manager Asmus each responded to Council's concerns over the apparent lack of progress explaining the time delays. b. Report on Anaheim Super-Stamp Program City Manager Cole reported on his review of the Super-Stamp Development Processing Program in use in the City of Anaheim. He commented that the Director of Building and Housing is currently working on three projects which hopefully will expedite the development process in this City -- one of which is similar to the Super-Stamp Program involving repetitive building projects such as tract houses or small commercial structures; that certain aspects of Anaheim's program concerning building and grading permits can be of value to Chula Vista developers; and that it is antici- pated that similar programs being developed by the Director of Building and Housing will be presented to Council in February, 1982. It was moved by Councilman Gillow to direct staff to implement a similar super-stamp program in the City of Chula Vista to expedite building permit processing. The motion was seconded for discussion by Councilman Scott, and additional comment high- lighted Mr. Grady's current efforts at developing expeditious processing procedures. It was recommended that Council wait until Mr. Grady's programs are completed and presented. Councilman Scott withdrew his second and the motion failed for lack of a second. MSUC (Gillow/McCandliss)to accept the report. c. Report on fillin~ Community Services Officer and Park Warden budgeted positions City Manager Cole reported that Council included those positions in the 1981/82 budget, but froze filling them pending receipt of final revenue estimates from State sources and review of other budgetary considerations. Mr. Cole noted that the cost of filling each position on an annualized basis is approximately $14,540 or a total of $29,080, plus fringe benefit costs and recommended against filling the positions in view of the City's projected $1.7 million budgetary deficit. It was suggested that these positions be reevaluated during budget review sessions scheduled for early in November. MS (Scott/Cox) to accept the report. Council comment and discussion ensued regarding extending the Park Warden employee, presently CETA-funded, as temporary help until November. MS (Gillow/Scott) to make two changes to staff's recommendation: (1) to extend the position of Park Warden until November and also in November to talk about the part- time contract for the Neighborhood Watch Program, and to bring back a resolution to appropriate funds. Assistant City Manager Asmus reported that he authorized recruitment approximately one month ago; that the current Park Warden may be one of the candidates, but be- cause of Civil Service Rules and the fact that applicants have been interviewed, it may not be possible to make a provisional appointment. He reiterated the recom- mendation to hold each budgeted position in abeyance until November recognizing that the present CETA Park Warden employment will terminate at the end of this month. City Council Meeting -8- September 22, 1951 20c. Report on filling Community Services Officer and Park Warden budgeted positions (Continued) After additional discussion, the motion was withdrawn with the consent of the second. Substitute Motion: MSUC (Gillow/McCandliss) to accept the staff recommendation. MSUC (Cox/Scott) to extend the service contract for the current CETA employee Park Warden as temporary help for a period of one month; to bring back a resolution appropriating funds; direct staff to come back with a very creative plan making sure the City can do that legally; and, if it can't be done, they shoutd also come back and report that. d. City Manager Cole reported that the Shared Housing report requested by Council would be presented on September 29 or October 6. e. City Manager Cole submitted a schedule of Council meetings, suggesting cancellation of the September 24th Council Conference since only three members would be present. f. Referring to the school playground programs, Mr. Cole reported that he talked with Dr. Servetter who indicated that there were potential problems with the School selections and that they would be in further communication, and that!there was the possibility of a chan§e. Referring to the request Of SDG~E for purchase Of ID bondS through the City, COU~qil- man Scott commented that rescheduling of the Council Conference on the unoergrouno- ing allocation forinulamodification would not be needed at this time until the Industrial Development Revenue Bond~question is stud~ed further. Mr. Cole stated that there has been no further communication from SDG&E regarding IDB's for under- grounding of utilities and the payback, but that staff could attempt to have the information for consideration at the same time as the undergrounding allocation formula. MSUC (Scott/Cox) that rather than have a narrow utilities allocation formula con- ference, that Council talk about undergrounding priorities in the next ten years and whether or not the City can use the IDB financing. g. John Crouse presented an oral report on the sulphur/extended asphalt seminar which he attended September 10th. Mr. Crouse stated that use of these products in Cali- fornia is not practical because of the shortage of sulphur; that importation of sulphur into California would increase the price prohibitively; and that factors regarding how it will hold up in street use and how it will react to environmental factors are all unknown. MSUC (Gillow/McCandliss) to accept the report. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 21. Civil Service Commission Annual Report~ 1980-81 (Director of Personnel) The Civil Service Commission Annual Report included a brief description of the Commission and its responsibility to properly interpret and apply Civil Service Rules and amend them when necessary, and of its specific activities during the 1980-81 fiscal year. MSUC (McCandliss/Gillow) to accept the report. 22. Report on proposed installation of a two-way left turn lane on "H" Street between Third and Fourth Avenues (City Engineer) City Engineer Lippitt summarized the modification of the street improvements on "H" Street west of Third Avenue, commenting that the project will leave a short segment on "H" Street between Garrett and Fourth Avenues which will not have a painted median turn lane. The Safety Commission recommended the instal ietion of a two-way left turn lane and the necessary elimination of 23 existing on-street parking spaces. Council discussed the impact of elimination of the parking spaces on the adjacent apartment units and whether remaining parking would meet Code requirements. Staff commented that the trade-off for less parking would be increased safety. City Council Meeting -9- September 22, 1981 22. Report on proposed installation of a two-way left turn lane on "H" Street between Third and Fourth Avenues (Continued) Mr. E. C. Duhamel, 229 Glover Avenue, owner of the Edward Arms Apartments at 363- 365 "H" Street, addressed Council in opposition to the elimination of the parking places and suggested installation of a narrow median down "H" Street rather than eliminating left hand turns altogether, and questioned if the Planning Department would permit him to install additional parking in front of his buildings. MSUC (Scott/Gillow) to continue this item for a full Council and to obtain more information from Engineering and Planning Departments. 23. Report on request for traffic control devices at Melrose Avenue/East Millan Street and Kearny Street/Church Avenue (City Engineer) Referring to his report, City Engineer Lippitt commented on the Safety Commission study of the need for traffic control devices at Melrose Avene and East Millan Street and at Kearny Street at Church Avenue. He reported that both intersections are local streets carrying less than 500 vehicles per day and that the intersections do not satisfy the warrants for installation of traffic control devices. The Safety Commission and staff, therefore, recommend that no changes be made at this time, and that the Kearny/Church intersection be reevaluated in November after Third Avenue construction is complete. Speaking in favor of the installation of traffic control devices at Kearny Street and Church Avenue were: Carl Holt, 745 Church Avenue and Elizabeth Harmstead, 740 Church Avenue. Mr. Holt and Ms. Harmstead each recounted the history of traffic accidents and near-misses at the intersection and Mr. Holt suggested that the City paint the word "SLOW" at the intersection, if their request for a traffic device fails. Council commented on the history of accidents, particularly at Kearny/Church and discussed staggered use of stop signs or some method to define right-of-way at the intersection. Traffic Engineer Hansen referred to the Third Avenue construction schedule and the impact of detour traffic. He stated that it is scheduled for completion in October; therefore, staff would be able to evaluate the matter and present it back to the Safety Commission at their November meeting. MSUC (Gillow/Scott) to accept staff's recommendation. 24. ~eport on request from Human Relations Commission for sidewalk ramps on "F" Street between Fourth Avenue and Broadway (City Engineer) City Engineer Lippitt reviewed the request or the H.R.C~ and recommended that Council authorize staff to include in the 1981/82 sidewalk ramp project installa- tion of ramps and cross gutter on "F" Street between Broadway and Fourth Avenue. He commented that the ramps at Broadway and "F" Street will be included in the Traffic Signal Project which is budgeted for construction this year, and that it is anticipated that the entire project will be financed from Block Grant (local option) funds. MSUC (Scott/McCandliss) to accept the report and staff's recommendation. 25. ~eport on examining the need for increased police protection in the vicinity of Palomar Park (Director of Public Safety) Director of Public Safety Winters reported that records of crimes and/or arrests in the area of Palomar Park for the past nine months do not reflect a significant incidence of criminal activity nor that a specific crime problem exists in that area. Accordingly, he recommended that no specific action be taken. Regarding Mr. Schlessinger's recommendation that five additional officers be hired, Director Winters responded that the Police Department will continue to respond to requests for police services in the vicinity with current levels of staffing. MSUC (Scott/Gillow} to accept the report. 26. MAYOR'S REPORT Mayor pro Tempore McCandliss introduced the Chamber of Commerce representative, David Smith, President of R!andolpher, Alexander and Smith, a real estate consultant firm, and thanked him for his attendance at this meeting. City Council Meeting -10- September 22, 1981 27. COUNCIL COMMENTS a. Councilman Scott congratulated May~r pro Tempore McCandliss on "running a good meeting." b. Councilman Scott commented that the location of the mobile home in Greg Rogers Park in relation to the utility room and restroom offers an obstructed view of the park and could never be effective for security purposes. MSUC (Scott/Gillow) to direct staff to have a brief report on whether or not they feel that moving the mobile home might be a better test of the program. c. Councilman Gillow commented on innovative ideas for assessing recreational fees developed by the City of Redondo Beach. MSUC (Gillow/Scott) to direct staff to contact the Redondo Beach Parks and Recrea- tion Department to find out some of the things they are doing and to report back on that at the November pre-budget meeting. d. Councilman Gillow commented on the "court room type" of hearing conducted for Mack's Hack: noted that he did not know what to expect and questioned the proper procedure for such revocation hearings. City Attorney Lindberg responded to his concerns adding that Council would be informed in advance of any other hearings of that nature. e. Councilman Cox reported that notification has been received that SB1261 regarding the Cal-OSHA requirement that city's provide special fire equipment and uniforms is awaiting Governor's signature. The bill would provide that the State would not have to reimburse cities for these costs, as currently provided by SB90. In response to previous Council action, the Legislative Committee has sent a mailgram asking the Governor to veto this bill. Councilman Cox reported on SB898 regarding the Telecommunications Competition and Deregulation Act of 1981. He stated that provisions were inserted without public hearings, reports or input from cities which would eliminate the power of govern- ments to regulate cable television rates. Senator Goldwater ha,s introduced an amendment which would eliminate those provisions and communciation has also been received from the U.S. Conference of Mayors requesting that cities contact their senators urging them to co-sponsor the Goldwater amendment to SB898. MSUC (Cox/Scott) to communicate with both California Senators our position on this bill. CLOSED DOOR SESSION MSUC (Cox/McCandliss) for a Closed Door Session to discuss personnel matters. Council adjourned to Closed Door Session at 10:30 p.m. The session ended at 10:35 p.m. ADJOURNMENT at 10:35 p.m. to the special meeting of Tuesday, September 29, 1981 at 7 p.m.