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HomeMy WebLinkAboutcc min 1981/07/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - July 7, 1981 Council Chambers~ Public Services Building 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, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES to the meetings of June 23 and June 30, 1981 MSC (McCandliss/Scott) to approve the minutes of June 23 and June 30, 1981 as mailed. Mayor Hyde abstained from voting on the June 23 minutes and Councilman Cox abstained from voting on the June 30 minutes since they were absent from those respective meetings. 2. SPECIAL ORDERS OF THE DAY a. Appointment of Mayor pro Tempore MSUC (Cox/Scott) that Councilwoman McCandliss be appointed to serve as Mayor pro Tempore for the next twelve months. Council recessed at 7:05 p.m. while Councilmembers occupied their new seats. Council reconvened at 7:07 p.m. Mayor Hyde expressed Council's appreciation to Councilman Scott for his service in that office for the past year and presented him with an engraved plaque and keyholder. 3. ORAL COMMUNICATIONS a. Alfred Gross, 550 Oxford, requested permission to speak regarding expanding the non-resident golf passes. He agreed to make his presentation under Item 25 of the agenda. b. Duane Coates, 710 Church Avenue, representing his Cub Scout pack, requested closure of "I" Street in front of Hilltop High School on July 18, 1981 between 8:00 a.m. and noon to hold the annual Cubmobile Races for Pack 194. He presented a Certificate of Insurance, naming the City of Chula Vista as an additional insured, as required, and advised that the neighboring property owner has no objection to the event. MSUC (Cox/McCandliss) to approve the request, subject to staff conditions. MSUC (McCandliss/Hyde) to take Item 25 regarding Golf Course fees after Item No. 6. 4. WRITTEN COMMUNICATIONS a. Request for Waiver of Fees - "Our House" City Manager Cole recommends approval of the waiver of Conditional Use Permit fees with the understanding that the applicant pay related advertising costs for their new location at 706 Third Avenue. MSUC (Hyde/McCandliss) to approve staff recommendation. b. Request for Statement of Support for civic Auditorium - Sweetwater Union High School District The Board of Trustees of the Sweetwater Union High School District has initiated research into various funding sources for construction of a Civic Auditorium for the South Bay area and requested a Statement of Support from the City Council. City Council Meeting -2- July 7, 1981 4. WRITTEN COMMUNICATIONS -- continued Discussion ensued as to the size of the auditorium, the background of efforts to obtain funding and support; the nature of the performing groups intending to use the facility and other items of specific information relating to the area and performing groups to benefit from a civic auditorium. MSUC (Hyde/McCandliss) to continue the request for one week and invite Mr. Cusack or his representative to be present to answer questions concerning the project. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING CONSIDERATION TO INCREASE CERTAIN RATES FOR MISSION CABLE TV (COX CABLE TV) -- Continued from the 6/23/81 meet~Lng (Director of Finance) MSUC (Scott/Cox) to consider Item 18 immediately following this hearing. This being the time and place advertised, Mayor Hyde reopened the public hearing. At the hearing on June 16, 1981, the Council directed staff to bring back a resolution approving a rate increase to $10.00 instead of $10.50 as requested by Mission Cable for basic monthly subscriber service, and an increase to $6.00 in the non-transient commercial service rate. Subsequently, the applicant requested that the hearing and related resolution be continued to this meeting with the new rates to become effective as of September l, 1981. Don Channell, representing the applicant, requested that Council reconsider its decision to amend the rate increase and approve the $10.50 rate as originally submitted. He stated that Cox Cable has strived to maintain uniform rates for two specific reasons: (1) that the same product and service is provided to all subscribers; (2) that much more efficiency is achieved by consolidating billing, all customer service and repair areas and operations compared to a branch concept of operation. Responding to Council questions, he commented that in the long term, a non-uniform rate for Chula Vista could result in higher rates for the City because of the additional costs incurred in administration of separate rate structures. He noted that Cox Cable's saturation within Chula Vista is at 60% which is the norm for saturation within San Diego County. Commenting that Chula Vista was the last city approached to approve the new rate, additional Council discussion concerned Mission Cable approaching the three regulated jurisdictions to establish rates prior to contacting the the deregulated jurisdictions. Mr. Channell agreed to consider that suggestion for next year's rate process. There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO. 10532 AMENDING RESOLUTION NO. 10087 - APPROVING RATE INCREASE FOR MISSION CABLE TV (COX CABLE TV) The resolution approves a monthly rate increase for Mission Cable TV to $10.00 for basic subscriber service and $6.00 for non-transient commercial service, effective September 1, 1981. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. Responding to Council's query, Assistant City Manager Asmus commented that the rate of return on investment reported by Cox Cable is 3% which justifies an increase to $10.50. MSC (Cox/McCandliss) to amend the resolution to provide a $10.50 rate increase and $6.30 for non-transient commercial service. Councilman Scott voted "no" on the amendment. MSUC (Hyde/Cox) for staff to initiate discussion with Cox Cable TV with the objective of attempting to break down and identify information with regard to cable television costs that relate specifically to the Chula Vista and/or South Bay area so that at the next rate setting hearing Council will be in a better position to judge whether or not the rate proposed for the San Diego area is appropriate for the Chula Vista area. City Council Meeting -3- July 7, 1981 18. Report.om~Di'R~n~ols~'iquestion ~egarding underground of cable service (City Attorney) The City Attorney reported that the complaint of Mr. Joseph DiRienzo concerning Cox Cable's refusal to provide underground service to the Bonita Store Restaurant unless he agreed to pay for the necessary trenching has been resolved to the satisfaction of both parties. MSUC (Scott/Cox) that no further action regarding this complaint be undertaken. 6. PUBLIC HEARING CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE RELATING TO ADULT-ORIENTED RECREATION USES (DIRECTOR OF PLANNING) This being the time and place advertised, Mayor Hyde opened the public hearing. Referring to his written report, Director of Planning Peterson commented that Section 19.58.024 of the Municipal Code permits the establishment of certain adult-oriented recreation businesses through the conditional use permit process. However, in a recent decision, the Fourth District Court of Appeals held that the subjection of proposed adult businesses to the conditional use permit process mandated the discretionary review of the exercise of fundamental rights protected by the First Amendment of the U. S. Constitution and was, therefore, invalid. Accordingly, the City Attorney has recommended that the conditional use permit requirement be deleted from the regulations in order to bring the City's ordinance into conformity with First Amendment safeguards. Mr. Peterson also noted that current regulations, without the conditional use permit requirements, prohibit such businesses within 500 feet of residential districts, churches, schools, parks and playgrounds and limit establishment of adult-oriented businesses to the C-T zone. Mr. Peterson advised Council that on the recommendation of the City Attorney the ordinance would be revised to include drug paraphernalia shops within the list of adult recreation businesses and that the interiors of those shops would be required to be screened from view from sidewalks and any other public place. Council commented that the ordinance as drafted is as restrictive as it possibly can be while withstanding a Court challenge as to its constitutionality. City Attorney Lindberg explained that the Courts have declared the conditional use permit unacceptable as a vehicle for regulation of adult-oriented businesses and that locational regulation is the only limitation the City has to prevent that blight from affecting both the residential and business community. He assured Council that in his opinion the ordinance is legally as restrictive as possible, and that if the conditional use permit remained in the ordinance, even without enforcement, the ordinance could be found unconstitutional and the City held liable. Robert Kelly, 1910 Avenida de La Cruz, San Ysidro, spoke against amendment of the ordinance on the basis of the decisions of the Supreme and Appellate Courts, stating that the regulation of adult-oriented businesses should be determined by the voters in the community and not by the State. Cliff Roland, 1100 Industrial Boulevard, spoke in favor of the ordinance as drafted. There being no further comments, either for or against, the hearing was declared closed. a. ORDINANCE NO. AMENDING MUNICIPAL CODE RELATING TO REGULATION OF ADULT-ORIENTED RECREATION USES - FIRST READING The ordinance entitled "Adult Recreation Ordinance", deletes the conditional use permit process as a prerequisite to establishment of adult-oriented businesses and brings the City Code into conformity with First Amendment protection of fundamental rights. City Council Meeting -4- July 7, 1981 a, ORDINANCE NO. AMENDING MUNICIPAL CODE RELATING TO REGULATION OF ADULT-ORIENTED RECREATION USES - FIRST READING -- continued MSUC (Hyde/McCandliss) that the ordinance as proposed be amended to include the addition of narcotic or drug paraphernalia shops as one of the uses regulated by the zoning ordinance in Subsection A of Section 19.58.024 to include a new Subsection C entitled "Specific Standard-View of Interior from Public Way". MSUC (Hyde/McCandliss) that the ordinance be referred back to the Planning Commission for further consideration and report since their recommendation has been modified. 25. Report on non-resident 9olf course monthly tickets (Director of Parks & Recreation) Director of Parks and Recreation Pfister summarized his staff report and commented that Council received two differing requests for non-resident tickets. The June 16 request concerned exceptions for non-resident students enrolled in Chula Vista schools, while the June 23 request related to establishing a non-resident ticket for all categories of non-residents. He justified his recommendation that the fees schedule approved on May 5, 1981 be continued, without the requested exceptions, noting that the approved schedule recognizes Chula Vista residents' priority in use of the facilities, while providing non-resident players access to the course if starting times are available. Cliff Roland, 1100 Industrial Boulevard, requested that students attending Chula Vista schools who are eligible for student passes during the school year be per- mitted to p)ay!!g~lflduring the summer, as well. Alfred Gross, 550 Dx~ordL Street, presented his proposal for an "expanded" non- resident monthly ticket which would permit holders of resident tickets ~ho~became] ineligible ~ince inception of the new guidelines to purchase non-resident tickets. Robert Pinegar, 478 Westby Street, spoke in favor of a monthly ticket for non- residents, particularly to benefit golfers who were previously considered "resi- dents'' over a long period of time and who are no longer eligible to play at the preferred rate paid by current resident ticket holders. Council discussion followed regarding me~bods used to determine eligibility for resident and non-resident tickets; the resident ticket holders who were grand- fathered in to the current eligibility guidelines; and issuance of year-round student passes. MSUC (Scott/Cox) that students attending Chula Vista schools be included in the student rate on a year-round basis. MSUC (McCandliss/Scott) to add to the feestructure~ $65.00 monthly non-resident ticket which would not include those ticket holders who were previously grand- fathered, and would not include eligibility for reserved tee-off time. Council reiterated its previous direction to staff regarding the six-month report, commenting that the report should include data regarding resident-non-resident ticket usage, and the feasibility of issuing a County ticket. Mayor Hyde directed that should any problems or matters of particular concern arise prior to the six-month report that they are to be brought to Council's attention prior to that time. RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION NO. 10533 EXTENDING MAXIMUM VACATION ACCRUAL LIMIT FOR FIRE ENGINEER RAYMOND LEEBOLT (DIRECTOR OF PERSONNEL) The City Council amended the Civic Service Rules in 1976 by placing a maximum accrual limit on vacation hours at twice the amount an employee could earn in one year of service. Fire Engineer Leebolt reached his maximum and subsequently became ill and has requested a waiver of the accrual limit in order that he may use his accumulated sick leave while recovering from a broken ankle and at the same time prevent any loss of vacation hours. City Council Meeting -5- July 7, 1981 7. RESOLUTION NO. 10533 - EXTENDING MAXIMUM VACATION ACCRUAL LIMIT FOR FIRE -- continued -- ENGINEER RAYMOND LEEBOLT (DIRECTOR OF PERSONNEL) The resolution would allow the employee to accrue vacation hours over the maximum limit until he is able to return to work, subject to the condition that he reduce the balance below the maximum limit within six months of his return to service. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10534 ORDERING THE EAST "H" STREET - TATREAU REORGANIZATION (DIRECTOR OF PLANNING) On July 16, 1980, the City received a petition from the owner of a .77 acre parcel of land located at 35 East "H" Street for a proposed reorganization in- volving annexation of the parcel to the City and detachment from the Bonita- Sunnyside Fire Protection District and San Diego County Flood Control District, Zone 3. The reorganization will obtain an increased level of urban services for one existing resident and two proposed for development. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION NO. 10535 ACCEPTING THE WORK ON THE LOMA VERDE PARK SOLAR HEATING SYSTEM (DIRECTOR OF BUILDING & HOUSING) The contract awarded by Council on July 1, 1980, for construction of a solar heating system at Loma Verde Park has been inspected and found to be completed in accordance with the contract specifications. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. RESOLUTION NO. 10536 APPROVING AGREEMENT WITH CHULA VISTA SANITARY SERVICE FOR THE PROVISION OF DATA PROCESSING SERVICES (DIRECTOR OF POLICY ANALYSIS & PROGRAM EVALUATION) The City has provided data processing service to Chula Vista Sanitary Service since 1974; however, the company has just recently received the corporate approval prerequisite to their signing the new contract which includes the in- creased rates in effect since December 1980. RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unanimous consent, passed and approved unanimously~by those present. Councilman Scott was absent for this vote. 11. RESOLUTION NO. 10537 TERMINATING CITY-BONITA SUNNYSIDE FIRE PROTECTION DISTRICT AGREEMENT (CITY MANAGER) The resolution terminates the agreement with the Bonita-Sunnyside Fire Protection District as of June 30, 1982, giving one year's notice as required, and authorizes the City Manager to initiate negotiations for possible continuation of fire protection services. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION NO. 10539 ACCEPTING BIDS AND AWARDING CONTRACT FOR CENTP~L DICTATION SYSTEM (DIRECTOR OF PAPE AND PURCHASING AGENT) The City Council previously accepted staff recommendation to purchase fifteen dictation systems and related equipment as budgeted in FY 1980/81. During budget deliberations for 1981/82, Council approved the purchase of an additional 17 dictation systems and staff accordingly advertised for proposals. Three ~endors responded and it was recommended that Council accept the bids and award the con- tract to Lanier Business Products whose bid of $12,360.80 includes a one-year equipment maintenance contract, training for City staff and installation of the equipment. In addition, staff requested authorization to purchase 10 additional wall jack units to include in the contract acceptance to be installed at various departmental locations at an additional cost of $775.00 including wiring and in- stallation. City Council Meeting -6- July 7, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING 12. RESOLUTION NO, 10539 ACCEPTING BIDS AND AWARDING CONTRACT FOR CENTRAL DICTATION SYSTEM ~;~O~t~n~d7 Pat Kinnard, General Manager, Sony Business Products, addressed Council in opposition to acceptance of the Lanier bid, stating that that bid should be considered non-responsive since the Lanier product could not meet the Lockout Secrecy standards required of the system. Responding to staff's comment con- cerning the adequacy of the Lanier Lockout/Secrecy feature, Mr. Kinnard stated that Sony could have submitted a lower bid or alternative bid if it had been known that a lesser quality Lockout feature would have been acceptable. By general consent, Council agreed to briefly trail further discussion for an opportunity for the City Attorney to review the bid procedure and document. 13. RESOLUTION NO. 10538 ACCEPTING PUBLIC IMPROVEMENTS~ THIRD AVENUE STORM DRAIN AT PARK WAY AND SOUTH SIDE OF "G" STREET EAST OF THIRD AVENUE (CITY ENGINEER) The City Engineer commented that he inspected the completed box culverts con- structed across Third Avenue at Park Way and south of "G" Street east of Third Avenue and found them to be in conformance with the contract plans and specifica- tions. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION NO. 10539 ACCEPTING BIDS AND AWARDING CONTRACT FOR CENTRAL DICTATION SYSTEM -- continued Director of PAPE Thomson commented on the adequacy of the Lockout feature of the Lanier system as being responsive to the needs of the City and further responded to Council questions concerning the capability of the Lanier system to adequately prevent accidental erasure or interference with information being dictated. He specifically noted that the Lanier system meets the City's specific requirements to a satisfactory level while Sony disagrees with the validity of the Lanier bid on the basis of that feature. After continued discussion, it was the consensus that the Lanier bid was re- sponsive to the Request for Proposal. Mr. Kinnard summarized his objections, and responding to Mayor Hyde's question, the City Attorney advised that since staff is satisfied that the Lanier bid meets the specifications that the bid is valid and legally acceptable. RESOLUTION OFFERED BY MAYOR HYDE, the reading of the text was waived by unanimous consent, passed and approved unanimously. Council recessed at 9:06 p.m. and reconvened at 9:15 p.m. 19. Report - Youth Services Agencies in the South Bay providing similar services as "Our House" (Director of Public Safety) Director of Public Safety Winters submitted a written report on the youth service non-profit agencies located in the South Bay commenting that the therapeutic focus of "Our House" will be oriented to diversion counseling as of July 1, 1981, and ~ that the service being provided is not specifically duplicated by any other non- profit agency in Chula Vista. It was noted that most Councilmembers had not had the opportunity to review the material submitted by "Our House" in response to last week's request. Assistant City Manager Asmus advised Council that "Our House" was currently ex- periencing financial problems and recommended that since funds have been budgeted, that Council consider a pro-rate monthly advance of the amount allocated. City Council Meeting -7- July 7, 1981 19. Report - Youth Services Agencies in the South BaS providin9 similar services as "Our House" -- continued Andrew Cosado, staff member of "Our House" verified that the program is presently short of funds and requested that Council release $1,000 to meet the rent. Re- sponding to Councilwoman McCandliss, he commented that County funding has been approved, but that their contract does not permit advances nor does it permit use of funds for payment of rent. MSUC (Hyde/McCandliss) to extend support of "Our House" for the pro-rata amount of one month's support until the matter is resolved. MSUC (Hyde/Scott) to continue this item for two weeks for an opportunity for Council to review the material which was submitted by "Our House". 14. RESOLUTION NO. 10540 APPROVING AGREEMENT WITH INDEPENDENT CONTRACTOR FOR TECHNICAL SERVICES IN PREPARATION OF THE BICYCLE ROUTE FACILITIES REPORT (CITY ENGINEER) Referring to his written report, City Engineer Lippitt explained that the City has received a $20,000 grant of Local Transportation Fund (LTF) monies and has retained student interns to compile bicycle-related data. The bulk of the statistics is now available and the next step is to analyze the information and prepare a formal re- port, including recommended changes to the Bicycle Element of the General Plan. The proposal is to retain an independent contractor to provide technical services on the report. The resolution approves an agreement with Patricia Willcocks and authorizes expenditure of $3,200 from LTF funds to cover the cost of services pro- vided under the agreement. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION NO. 10541 APPROVING CHANGE ORDERS 8 AND 9~ THIRD AVENUE IMPROVEMENTS~ "G" TO "K" STREET (CITY ENGINEER) Staff commented that Daley Corporation requires authorization to provide street lighting electrical service as requested to the northwest corner of Third Avenue and "G" Street and to construct a wrought iron railing for safety purposes at 771 and 773 Third Avenue. Their proposal to perform this work is: (1) Third and "G" Street electrical service - $1,932.00; (2) 771 and 773 Third Avenue railing - $1,698. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. RESOLUTION NO. 10542 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENTS ALONG BAY BOULEVARD, FROM "E" STREET TO "G" STREET AND ALONG "F" STREET, WEST OF BAY BOULEVARD IN THE CITY OF CHULA VISTA (CITY ENGINEER) The resolution accepts bids received from four vendors and awards the contract to the low bidder, Sapper Construction, whose bid totalled $102,763.50, for construction of curb, gutter and sidewalk improvements along Bay Boulevard. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS; the reading of the text was waived by unanimous consent, passed and approved unanimously. 17a. REPORT ACQUISITION OF LOW AND MODERATE INCOME FAMILY HOUSING SITE (COMMUNITY DEVELOPMENT DIRECTOR) Staff reported that since receiving a $1.0 million Section 108 loan commitment from HUD in November 1979, the Community Development Department has been engaged in a search for sites for development of low and moderate income family housing to be acquired with those funds. An available and well suited site has been located at the northwest corner of Otay Valley Road and Melrose Avenue and staff has negotiated for purchase of the site. Director of Community Development Desrochers commented that the Fair Market Value of the property determined by the appraisal process is $550,000 and that the City's deadline for expenditure of Section 108 funds is July 31, 1981. City Council Meeting -8- July 7, 1981 17a. REPORT ACQUISITION OF LOW AND MODERATE INCOME FAMILY HOUSING SITE -- continued Council discussion related to the high cost of both the land and the cost of the units to be developed. Community Development Director Desrochers noted the accessibility of the site to shopping and other conveniences and to public trans- portation. Housing Coordinator Gustafson displayed slides of the proposed site and provided detailed information regarding the City's ability to recapture the funds if not committed at this time and the likelihood of losing funding opportunities for future public housing if these funds are lost because of non-use. Councilman Scott expressed specific objection to the cost of the land and suita- bility of the site relative to proximity to services and conveniences. MSC (Hyde/McCandliss) to accept staff's report, Councilman Scott voting ~'no". 17b. RESOLUTION NO. 10543 APPROVING SUBMISSION BY SAN DIEGO COUNTY HOUSING AUTHORITY OF DEVELOPMENT PROGRAM FOR LOW RENT PUBLIC HOUSING The resolution approves placement of 24 units of low and moderate income family housing at Otay Valley Road and Melrose Avenue in accordance with a Cooperation Agreement and Memorandum of Understanding with the San Diego County Housing Authority to provide 100 units under the Low Rent P~blfc HO~sing pro'gf~m o:~ ~he U.S. Department of Housing and Urban Development. Jim Purcell, architect for the proposed development, displayed slides of the pro- posed project stating that the development would consist of 16 two-bedroom units, two of which would be facilitated for handicapped residents, and eight three-bedroom units, all in townhouse configuration of four clusters. Mr. Desrochers commented that the City would be reimbursed in full from HUD if the project were to go forward; the same program funds have paid for the project design by the architect. RESOLUTION OFFERED BY MAYOR HYDE; the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 18. See Page Three 19. See Page Six 20. Request to amend Board of Appeals and Advisors Budget FY 1981/82 - Continued from 6/23/81 meeting (Chairman, Board of Appeals and Advisors) Board member Thomas Emmons specified justification to amend the Board's budget for 1981/82 to include $1,200 for attendance of one member at the International Conference of Building Officials conference in Indianapolis in October 1981. It was noted that the City Manager recommends exclusion since a City staff member is currently budgeted to attend. MSUC (Scott/Hyde) that Council amend the Board's 1981/82 budget to include $1,200 for attendance of one member at the ICBO Conference to be held in Indianapolis, Indiana October 4-9, 1981. 21. REPORT OF THE CITY MANAGER MSUC (Hyde/McCandliss) for a Closed Door Session to discuss personnel negotiations. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 22. Report on Third Avenue street tree replacement program (Director of Planning) Director of Planning Peterson commented on Council's concern over replacement of the Victorian Box trees within the planters on Third Avenue with Australian Willows or Peppermi~tttrees. He reported that staff unsuccessfully attempted to secure replacement stock of the Victorian Box trees (Pittosporum undulatum). City Council Meeting -9- July 7, 1981 22. Report on Third Avenue street tree replacement pro§ram -- continued Consequen~ly,~i~he~Reppe~min~ Trees weme selected in order to economically correct the situation of dead and/or dying trees with a species whose growth and other performance characteristics would be consonant to the landscape goals and guide- lines of the Town Centre Design Manual which calls for balanced use of deciduous and evergreen trees, MSUC (Hyde/Cox) to continue the report for one week. 23. Report - Consideration of placin~ an all-mail proposition on the November 3~ 1981 Ballot (City Clerk) City Clerk Fulasz recommended that a Proposition be placed on the Consolidated General Election on November 3, 1981 adding a new section to the Charter allowing for an all-mail election whenever ordered by the Council. She noted that the change would result in a savings of approximately $5,000 or more for each election, MSUC (Hyde/McCandliss) to accept the report and direct the City Attorney to pre- pare a Proposition to be placed on the November 3, 1981 ballot asking the electors to approve having a section added to the Charter allowing for an all-mail ballot, whenever so determined by the City Council. 24. Report on proposed Lease A~reement with Jimm.¥'s Restaurants for the operation of The Glenn Restaurant (Assistant City Manager) Assistaht City Manager Asmus commented that the Council accepted the proposal of Jimmy's Restaurant on March 24, 1981 to be the new operator of The Glenn Restaurant subject to a satisfactory lease arrangement. Consequently, several meetings have taken place with representatives of Jimmy's and most major provisions of the lease have been negotiated. Mr. Asmus reported that the architects retained by Jimmy's are proceeding with construction drawings and he displayed exterior elevations proposed for the remodeled facility which have been reviewed and approved by the Design Review Committee. He summarized the major provisions of the lease, noting that Section 5, which provides for improvement of the premises should not be considered until final plans and specifications have been received and approved and a method for the City's participation in the remodeling cost has been developed. Peter Kay, representing Jimmy's Family Restaurants, addressed Council with respect to the lease agreement as proposed, with specific discussion concerning Section 12, Parking and Common Facilities, and the proposer's request for a right of first re- fusal on development of the vacant City-owned parcel to the west of the existing parking lot. MSUC (Hyde/Cox) to give tentative approval to all provisions as proposed or modified, specifically excepting Section 5, subject to final approval of a completed lease agreement. Council commented on the right of first refusal as a means of protecting the pro- posers investment and it was recommended that staff consider the feasibility of a five-year period for the owner of The Glenn Restaurant to exercise a right of first refusal. MSUC (Scott/Hyde) to have staff look at, as a point of discussion, the possibility of a five year option on alfi~s~ right of refusal to possibly be included in the final lease. Additional Council discussion concerned the design and capacity of the facility. Mr. Kay commented that the capacity could be readily increased to accommodate 50 additional customers by extending the building southerly 10' x 75' and that the facility will include a portable stage and dance floor. MSUC (Hyde/Scott) to request that the developer increase the proposed seating capacity of the banquet area to accommodate at least 200 customers comfortably. Responding to Mr. Kay's request, Council agreed by general consent to permit him to meet with staff regarding the possibility of entering the premises to begin clearing existing improvements. City Council Meeting -10- July 7, 1981 24. Report on proposed Lease A§reement with Jimmy's Restaurants for the operation of The Glenn Restaurant -- continued Council discussed the building elevations and color schemes and expressed general preference for use of blue roof tiles rather than traditional Ted tile. MSUC (Scott/McCandliss) to approve conceptual plans as displayed on the artist's rendering with the color scheme to be decided at a later date. 25. Report on non-resident golf course monthly tickets -- See ?age 4. 26. Report on Orange Avenue wall (City Engineer) City Engineer Lippitt reported on options investigated for repair of the deteriorated block wall on Orange Avenue in the vicinity of Kim Place. Staff had previously (4/7/81) indicated that it would cost $5,800 to repair the existing wall and recom- mended removal by City forces. Council then referred the item back to staff for additional study. Staff commented on the feasibility of leaving the wall up and repairing and recapping it; use of chain link fence; and consideration of a co- operative effort between the property owners and the City. In summary, staff recommended that Council direct installation of a five-foot chain link fence, with a provision that any future maintenance costs will be the responsibility of the property owner. MSUC (Hyde/Giilow) to accept staff's recommendation. 27. Report on request for additional pavement stripin§ on Third Avenue between "E" and "F" Streets (City Engineer) On June 23, 1981, the Council received a written reque~tfrom the Town Centre Business and Professional Association for the installation of additional pavement striping on Third Avenue. They specifically asked for additional white lines to help channelize traffic into one lane and provisions for left and right turns at the intersections. City Engineer Lippitt displayed slides of the specific area and noted that due to the existing layout of the diagonal parking and the nodes at Davidson Street, it will not be possible to safely provide a left turn lane without eliminating some parking or restructuring the nodes. He, therefore, recommended that no further action be taken at this time. MSUC (Hyde/Gillow) to accept staff's recommendation. 28. Report on Underground Utility Conversion Pro9ram Allocation Formula Modification Proposal from San Diego Gas & Electric Company (City Engineer) City Engineer Lippitt reported that in 1972, when the City granted SDG&E its 25-year franchise, the utility agreed to allocate funds for the conversion of overhead utilities to underground. Due to world economics (Opec fuel increases), the allocation fund has dramatically increased in the last few years and unless the formula is modified, future City allocations would increase exorbitantly to a projected $3.8 million by 1998. Because of this projected growth in cost to the rate payer for the undergrounding program, SDG&E approached the Council several months ago to request a change in the allocation formula. Accordingly, Council directed staff to work with SDG&E and return with a report. Staff recommended that a Council Conference be scheduled to include SDG&E officials to further describe the program, the proposed allocation formula revision and to answer any questions. MSUC (Scott/Hyde) to accept staff's recommendation and schedule a Council Conference in August. City Attorney Lindberg reported that Ordinance I947 (second reading and adoption on 6/23/81) regarding consumption of alcoholic beverages at the "J" Street Marina should have also included prohibition of possession of alcoholic beverages and requested Council action to direct the City Clerk to republish the ordinance reflecting that correction. MSUC (Hyde/Gillow) that Ordinance No. 1947 be republished to include prohibition of the possession of alcoholic beverages at the "J" Street Marina and that the correction be considered errata. City Council Meeting -11- July 7, 1981 29. MAYOR'S REPORT a. Mayor Hyde commented on the feasibility of initiating a Broadway Avenue re- development study. MSUC (Hyde/Scott) to direct staff to consider initiating a Broadway Avenue redevelopment study, to be conducted either by staff or a consultant, focusing on the transition of Broadway from its present development to what the area will be 5 - 10 years from now, b. Mayor Hyde reported that people are swimming in the "J" Street Marina Boat Basin at the foot of the boat launching ramp and recommended that the City Manager contact the Director of the Port District and advise him of the problem, indicate the concern and ~equesttbatthey~take!~wh~tevert'actiom~they ¢~n $~conjunction with the City to correct the situation. MSUC (Hyde/Cox) to direct the City Manager to follow up with the Director of the Port District the pmobl~em Of people swimming in.the boat launchin§ basin; 30. COUNCIL COMMENTS a. Councilman Cox requested that staff look into mowing down the weeds in the area on Telegraph Canyon Road which has been included in the 1981/82 budget for median landscaping until such time as the landscaping is completed. MSUC (Cox/Hyde) to direct staff to mow the weeds on Telegraph Canyon Road as an interim measure until the landscaping is completed. b. Councilman Scott co~ented that there are several other areas within the City needing to be weeded, noting that there were several on "J" Street. c. Councilman Cox reported that he met with the Manager of the Baywood Mobilehome Park and he received a copy of a document given to all residents entitled "California Civil Code Provisions for Mobilehome Residency Law". He commented that one of the provisions deals directly with the projected termination of the lease by Southern Pacific Railroad and states that no tenant shall be required to vacate until all required permits for change of use have been obtained. The Manager's position is that until the land is rezoned, no tenants can be evicted. MSUC (Cox/McCandliss) that the City Attorney look into this provision and give Council an opinion, and if necessary, communicate with the State Attorney General's office to obtain a more in-depth opinion. d. Councilman Gillow commented on the anticipated future reduction of revenue sources for the City and requested that staff look into any and all possibilities for additional revenue, for example special tax to be used for additional police officers; fees for park uses; fees for use of Library audio-visual equipment; taxing of electronic games, etc. MSUC (Gillow/Scott) to direct staff to look into numerous methods of increasing revenue sources and come back to Council periodically between now and next budget session. CLOSED DOOR SESSION Council recessed to Closed Door Session at 11:02 p.m. The City Clerk was excused, and the Assistant City Manager reported that the Closed Door Session ended at 11:17 p.m. ADJOURNMENT at 11:17 p.m. to the regular meeting scheduled for Tuesday, July 14, 1981 at 7:00 p.m. FULASZ,'CMC, CLER ;y