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HomeMy WebLinkAboutcc min 1979/02/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. February 6, 1979 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, City Hail, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Director of Building and Housing Grady, City Engineer Lippitt, Deputy City Manager Wittenberg, Administrative Analyst Kesterson The pledge of allegiance to the Flag was led by Mayor Hyde foliowed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the minutes of the meetin of January 2S and 25, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY (None) 3. ORAL COMMUNICATIONS (None) 4. WRITTEN CO~UNICATIONS a. LETTER FROM OPEN SPACE The Homeowners Association in Rancho Robinhood requested DISTRICT #3 HOMEOWNERS Council consideration of maintenance problems and increase ASSOCIATION CONCERNING costs for Open Space District #3, stating that the Distric PROBLEMS IN THE DISTRICT has not been properly maintained and the cost to each homeowner has increased from $76 per year to $254 per year Several recommendations were made by the Association as a possible solution to the problems. Open Space Districts In a written statement, Acting City Manager Asmus reported under study that the staff has reviewed the letter and has been workin with the Association to resolve the problems. A study is being conducted of open space districts in general and a report will be submitted to Council in the near future. It was recommended that this matter be considered in the study. Motion to refer to staff It was moved by Councilman Scott and seconded by Councilma Egdahl that this item be referred to staff. Houston Walker Mr. Walker said he was chairman of a committee repreSentin 299 Surrey Place 127 Rancho Robinhood homeowners. He stated he would be Bonita, CA 92002 introducing Mrs. Jan Perdue who would make a presentation concerning the problems and then he would be available to answer any questions. Staff comments noted In the interest of time, Mayor Hyde noted the detailed letter received from the Homeowners, signed by the committ and read the staff comments and recommendation for Mr. Walker's information. Concern regarding Mr. Walker expressed his concern regarding the "time frame "time frame" stating it is his understanding the bids will go out on March 1st. Held Tuesday - 7 p,m. -2- Fehru~ry 6, 1979 Possible Council In answer to a query from Councilman Cox, Acting City Conference item. Manager Asmus said the complete staff ~eport wilt probably belan item for a Council Conference. Report to 'be gubmitted In response to questions from the Council, Administrative to Council prior to Analyst Kesterson stated the report will be completed bid process II approximately April 1st and bids will not go out until the last of April or the first of May after the Council has acted on the report. Mayor Hyde asked Mrs. Perdue if she would care to make any comments. She said she had nothing further to add. Motion carried The motion to refer the matter to staff carried un~nimousl~ Staff to keep in Mayor Hyde requested that staff keep in touch with Mr. touch with Mr. Walker Walker as the representative of the group. b. REQUEST REGARDING Mr. Harry G. Putnam asked for City assistance to correct DRAINAGE PROBLEM a drainage problem for his home at764 Brightwood, which is flooded during heavy rains. He said the storm drain is inadequate and requested that corrective measures be taken to have the water drain west from Fourth Avenue down "K" Street. Motion to refer to It was moved by Mayor Hyde and seconded by Councilman Cox staff for report that this matter be referred to staff for investigation and report. In answer to a query from the Council, Director of Public Works Robens said there is no record of a complaint from Mr. Putnam during the recent storm; however, the record indicates the problem had been reported. Motion carried The motion to refer to staff carried unanimously. c. RESIGNATION FROM Donna Sheresh submitted her resignation fromthefYouth YOUTH COMMISSION Commission, effective immediately. Motion to accept It was moved by Councilman Cox, secondedby Councilman resignation Egdahl and unanimously carried that the resignation be accepted and a letter of appreciationssent to Miss Sheresh. d. CLAIM AGAINST THE CITY - Mrs. Brenda D. PommelIs filed a claim against the City on BRENDA POM~LLS,'CITRUS behalf of herself and her three children for' alleged damage HEIGHTS, CALIFORNIA in the amount of $4,000,000 due to the death of her husband in the crash of PSA Flight 182 on September 25, 1978. Motion to reject claim It was moved by Mayor Hyde, seconded by Councilman Scott an and refer to City Attorney unanimously carried that this claim be rejected and referre to the City Attorney for response. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES S. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDEP, ATION OF A~ND- opened the public hearing. HENTS TO THE ~dNICIPAL CODE FOR THE REGULATION On October 24, 1978 the Council considered amendments to OF CERTAIN "ADULT RECRE- the City Code to regulate the location of "adult recreation ATION" AND RELATED LAND businesses in the City. On October 31, 1978, in response USES to concerns expressed by church groups and others, the Council continued this matter for 90 days to afford an opportunity for members of the Council and the City Attorne to discuss the ordinance with persons in opposition and explain that it places more:stringent regulations on this type of use than the present ordinance. Held Tuesday - 7:00 p.m. -3- February 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) On September 27, 1978 the Planning Commission adopted the Negative Declaration on IS-78-67 and recommended that amendments to the City Code be adopted in accordance with their Resolution PCA-79-1. Background presented Mayor Hyde presented a brief background of the proposed by Mayor Hyde ordinance, noting that at the present time the City has no regulations to control "adult entertainment" activities. He briefly described the content of the proposed ordinance and commented that suggestions from members of the communit) have been incorporated in the ordinance. Ordinance a zoning City Attorney Lindberg addressed the legal issue, stating regulation for land use the ordinance is a zoning regulation subject to a public hearing relative to the issue of land use and it would regulate the area where the subject businesses would be permitted. He also described the Conditional Use Permit process which would have 'to be followed. In addition, he stated it has been recommended that action on this ordinance be deferred and consideration given to the adoption of an ordinance similar to one adopted in the City of Provo, Utah prohibiting such adult entertainment. Mr. Lindberg said he would not recommend deferring action on the proposed ordinance as it is essential to the preservation of the integrity of the City at this time. Council discussion Council discussion ensued with the City Attorney regarding (1) continued moratorium and reasons for moratoriums in zoning matters; (2) obscenity laws in the State of Virginj upheld by that State's Supreme Court; (.3) laws patterned after regulations of another State may not be upheld by California Supreme Court; (4) each community may have diffe~ ing "community standards"; (5) a decision of the Council should be based on land use; (6) other steps may beltaken regarding "community standards." Rev. Hugh Morgan Reverend Morgan expressed his appreciation to the Council 1657 Dartmouth for the consideration given in delaying action on the Chula Vista ordinance to permit further study. He read a letter pre- (Calvary Baptist Church) sented to the Council, with emphasis on an ordinance adoptec by the City of ProvO, Utah and the obscenity law in the state of Virginia. He urged that the Council consider a total ban on adult recreation businesses. Comments by various The following citizens spoke against the adoption of the citizens in opposition proposed ordinance: Bart Shifter, 220 "C", Otay Valley to proposed ordinance Road; George Taggart, 192S Otay Lakes Road, The Reverend Dan Cheak, 162 East Theresa Way; and David Campbell, ?37 Nation Avenue. Their. comments included objectionable characteristics of adult recreation businesses; Detroit Ordinance enacted after businesses were already established such businesses contribute to conditions of blight and "skit row" areas: community standards should be ascertained by the electoral process; these activities are also banned in Louisiana; and any expense by the City would be justified if an ordinance prohibiting these establishments should be challenged in the courts. Each citizen urged that a "Provo' ordinance be adopted. Public hearing closed There being no further comments, the public hearing was declared closed. Held Tuesday - 7:00 p.m. -4- February 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) "Community Standards" In answer to a question from Mayor Hyde, City Attorney not established in Lindberg said the State Attorney General would probably Chula Vista be unable to give m opinion on the legality of the Provo, Utah ordinance if it was adopted in the State of California due to the lack of a basis to evaluate "community standards in the City. Suggested procedure Councilman Scott suggested that the Council adopt the pro- posed ordinance, continue the moratorium on any adult recreation businesses coming into the City, determine community standards through the electoral process, and if successful, then adopt an ordinance such as the one in Provo, Utah. City Attorney Lindberg agreed this would be an acceptable procedure. Alternative suggested Councilman Egdahl offered another approach, suggesting the Council adopt an ordinance that would ban adult entertain- ment because of a detrimental effect of such businesses upon land value, upon economic welfare of the community, and upon the general well-being of the community. Ordinance could be The City Attorney said this approach could be tried, prepared as suggested proceeding again through the public hearing process. Motion to prepare It was moved by Councilman Egdahl and seconded by Council- ordinance banning man Gillow that the Council ask that an ordinance banning adult recreation such businesses on "those grounds" (as stated) be prepared businesses and proceed through the public hearing process necessary to bring that into law in the City of Chula Vista. Speaking against motion Councilman Scott spoke against the motion, stating the logical approach would be to adopt the proposed ordinance which has been found to be constitutional, electoral vote would establish community standards, and then an ordinance could be adopted which would withstand a challenge. Concern expressed Mayor Hyde expressed his concern that the City has no regarding lack of restrictions or control at this time, and stated he agreed control at this time with Councilman Scott's comments. Consolidated election In answer to questions from the Council, City Attorney possible Lindberg stated a consolidated election could be held with the School Boards in November, 1979. Motion failed The motion to prepare an ordinance placing a ban on adult recreation failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Gillow NOES: Mayor Hyde, Councilmen Cox, Scott Absent: None Sa. ORDINANCE NO. 1855 It was moved by Councilman Scott that this ordinance be AMENDING THE CITY CODE placed on first reading and that the reading of the text TO PROVIDE FOR THE be waived by unanimous consent. REGULATION OF CERTAIN "ADULT RECREATION" AND The motion carried by the following vote, to-wit: RELATED LAND USES - FIRST READING AYES: Councilmen Scott, Cox, Hyde Noes: Councilmen Egdahl, Gillow Absent: None Held Tuesday ~ 7:00 p.m. -5- February 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Motion for moratorium It was moved by Councilman Scott, seconded by Council- and for ordinance to be man Cox and unanimously carried that a moratorium be placed before electorate placed on any adult entertainment coming into the City of Chula Vista, and that the staff be directed to bring back either the Provo ordinance, or an ordinance suggested by Councilman Egdahl, to be brought forth for referendum at the next convenient election. RECESS A recess was called at 8:40 p.m. and the meeting reconvened at 8:SS p.m. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF APPEAL opened the public hearing. OF PLANNING COMMISSION DENIAL OF VARIANCE On December 27, 1978 the Planning Conunission voted 5 to 2 REQUEST PCV-79-3 FOR to deny a variance request for a reduction in the front REDUCTION OF FRONT YARD yard requirement from 25 feet to 15 feet on "I" Street and AND EXTERIOR SIDE YARD a reduction in the exterior side yard requirement from SETBACK AT 256 "I" STREET 50 feet to 10 feet on Del Mar Avenue in order to construct IN THE R-3 ZONE a two*story, 11 unit condominium project on a 15,822 sq. ft corner lot located at 256 "I" Street in the R-3 zone. The applicant, Firstwest Devco, appealed the decision of the Planning Commission. Staff recommendation Director of Planning Peterson said staff reviewed the request and in considering the character of the area and the surrounding development, determined that the setback requirements were unreasonable. They recommended (a) approval of a 15 foot setback for single story portions of the building and 25 feet for two-story portions along both streets; (b) also that the building height be limited to two stories. He said the applicant has revised the request to conform to the staff recommendation subsequent to the Planning Commission meeting. Curt Holder, Architect Mr. Holder said he is a partner in this project. He said 3696 Midway Drive they have no objection to modifying the plans to meet the San Diego, CA staff recommendation and this will be a reasonable R-3 use. He discussed the density, and cost factors in providing an 11 unit complex in this area. Bill Rutkowski Mr. Rutkowski spoke in favor of the project, stating it 494 First Avenue would enhance the area. Chula Vista Everett Ingerson Mr. Ingerson spoke against the project, stating the 243 "I" Street houses on "I" Street have approximately 40 to 50 feet Chula Vista, CA setbacks. He also voiced objections to the density. Mary L. Cannon Ms. Cannon presented a statement signed by five people 256 "I" Street indicating they had no objections to this improvement. Chula Vista, CA She said her lot is the only one in this area with a single family dwelling, and stated the setback requirements would place a hardship on her in selling the property. David Owens Mr. Owens spoke against the development, stating the 229 "I" Street property is not properly zoned and that it should be R-2. Chula Vista, CA Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Held Tuesday - 7:00 p.m. -6- February 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Council Discussion Council discussion followed concerning density allowed (31 units per acre - maximum allowed on property in question is 11 units); 4/5 vote required t9 override Planning Commission denial; and parking requirements. Concern regarding density Mayor Hyde expressed his concern regarding the density in this area which is going through transition and stated he would be more in favor ofa density provided by R-S-G zoning - 17.S units per acre. Motion to limit density It was moved by Mayor Hyde and seconded by Councilman l Egdahl that the staff recommendation be approved, with one additional provision: "c' that the density of development shall not exceed 14 units per acre. In response to a query from the Council, Director of Planning Peterson said the density on this property under R-3-G zoning would be six units per acre. Motion restated Mayor Hyde restated his motion to provide that the maximum regarding density number of units permitted would be six units as contrasted to a zone change. Councilman Egdahl agreed as the second, Motion clarified Mayor Hyde clarified that the effect of the motion is to approve the change in setback requirements to provide a minimum setback of 1S feet onboth "I" Street and Del Mar for the first story units, and second story units will be 25 feet, and not more than six units total on the parcel. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Egdahl, Cox, Gillow Noes: Councilman Scott Absent: None Motion to rezone It was moved by Mayor Hyde, seconded by Councilman Cox and area from R-3 to R-3-G unanimously carried that the staff initiate proceedings through the Planning Commission to fezone those properties designated R-3 on the south side of "I" Street between Del Mar and Third Avenue from R-3 to R-3-G. 7. PUBLIC HEARING - On January 16, 1979 the Council continued this item to CONSIDERATION OF TENTATIVE this evening's meeting so the applicant could explore ways SUBDIVISION MAP OF VISTA of meeting the storage requirement. The applicant is still TOWERS (Continued from investigating this matter and has not yet submitted a 12/5/78 and 12/19/78) proposal. He asked that the Council continue the public hearing to February 20, 1979. Motion to continue It was moved byIcnuncilman scott, seconded by Councilman 'to February 20, 1979 Gillow and unanimously carried that this item be continued to February 20, 1979. CONSENT CALENDAR It was moved by Councilman Cox, seconded by Councilman (Items 8 through 11) Egdahl and unanimously carried that the Consent Calendar be approved and adopted, with Councilman SCott voting "no" on Item 8. 8. RESOLUTION NO. 9481 From January 5, 1979 through January 19, 1979~unusual rain GRANTING A iO-DAY prevented the contractor from performing work on the exteri EXTENSION OF CONTRACT of the building ~nd he requested a 10-day extension of the TO COMPLETE THE CIVIC contract. The extension request has been confirmed as CENTER RENOVATION justifiable by A10'Day, the City's Project Representative, PROJECT and staff recommended approval. (Councilman Scott voiced a "no" vote on this resolution. Held Tuesday - 7:00 p.m. -7- February 6, 1979 9. RESOLUTION NO. 9482 Huntmix, Inc. was awarded the contract for resurfacing GRANTING AN EXTENSION "H" Street between I-S Freeway and Third Avenue. Between OF CONTRACT TIME - January 11 and January 26, 1979no work was performed "H" STREET RESURFACING because of rain and staff recommended an extension of 12 1-5 FREEWAY TO THIRD working days to the contract, changing the completion date AVENUE - FAU PROJECT to February 23, 1979. MS162(1) 10. RESOLUTION NO. 9483 Mr. George Cunradi requested an ~xtension of two years for EXTENDING TERM OF an improvement agreement approved on December 14, 1976 for IMPROVEMENT AGREEMENT the construction of certain public improvements on the nort1 side of East "J" Street, west of 1-805 in connection with Parcel Map 5-76. No development has occurred yet and no immediate need exists for the improvements. Staff recom- mended approving the extension of the agreement to December 14, 1980. 11. RESOLUTION NO. 9484 Mrs. Louise M. Vogler, agent for Henry Pritchard, owner of ESTABLISHING SEWER Parcels 3 and 4, requested the City establish sewer CONNECTION CHARGES FOR connection charges for the connection of these two parcels PARCELS 3 and 4 of to the City sewer in First Avenue. PARCEL MAP NO. 301 (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 12. RESOLUTION NO. 9485 Renovation of the old post office/library has been delayed ACCEPTING WORK COMPLETED due to rain. The building, however, is completed and ON THE CIVIC CENTER ready for acceptance. A 10% retainer in the amount of RENOVATION PROJECT $24,567.80 will be held against outside improvements to be recommended for release 35 days after the Council accepts the outside improvements. A payment of $166,273.23 will be made in 35 days for the building. Resolution offered Offered by'CBuncilman Scott, the reading of the text was waived bY unanimous consent, passed and adopted by the following .~ote, to-wit: AYES: Co:uHcilmen S~ott~ Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 13. RESOLUTION NO. 9486 On June 6, 1978 a run-off election was held for George APPROPRIATING FUNDS FOR Gillow and Leonard Moore along with the three propositions. PAYMENT OF SPECIAL The invoice from the County Registrar of Voters indicates ELECTION CONSOLIDATED a total amount due of $4,485.73. WITH STATEWIDE PRIMARY ELECTION HELD ON JUNE 6, 1978 Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gi~low Noes: None Absent: None 14. RESOLUTION NO. 9487 - Collins Development Company, contractor for the Canyon APPROVING TEMPORARY STREET Plaza Shopping Center, requested permission to close Crest CLOSING, CREST DRIVE Drive between Telegraph Canyon Road and Douglas Street BETWEEN TELEGRAPH CANYON for ten weeks beginning February 12 and ending April 23, ROAD AND DOUGLAS STREET 1979. There is no existing driveway access onto Crest Drive in this area. Staff reviewed the request and d~ter- mined the low volume of traffic does not warrant the need to keep Crest Drive open during the construction of a box culvert and street improvements. Approval was recommended. Held Tuesday - 7:00 p.m. -8- February 6~ 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Continued) Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 15. RESOLUTION NO. 9488 - When the purchase of a word processor was approved in WAIMING BIDS FOR PURCHASE the budget hearings for FY 78/79, the Council requested, OF WORD PROCESSOR/MICRO if possible, that the unit be expandable. Most such COMPUTER SYSTEM systems cost about $22,000 for the primary setup and- $10,000 for each additional station. The stand-alone systems range from $9,000 to $15,000. EDP Management has a system that may be used for word processing or other computer operations at the same time and has agreed to furnish the system to the City for $10,000. The first additional station will be $8,000 and then the cost drops to $4,000. This system is unavailable from other sources and staff recommended waiving bidding requirements and awarding the contract to EDP Management. Financial Impact Acting City Manager Asmus clarified the financial impact~ clarified noting that the amount of $9,200 was budgeted for this item and the cost will now.be approximately $10,000, in- cluding tax. He said funds are available in other capital items in the Public Works budget and no special appropriatj is necessary. Resolution offered Offered by Councilman GilloW, the rg~ding of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Egdahl, Hyde Noes: Councilman Scott Absent: None Requirement for 4/5 vote With Council concurrence, Councilman Scott questioned the staff report (Form A-113) not indicating a 4/5 vote being required, inasmuchas surplus funds are being expend, He also expressed concern regarding the financial status o~ the City considering the phasing out of the CETA program and various expenditures being approved, and suggested the staff prepare a report regarding the City financial status for next year. Mayor Hyde suggested this matter be reconsidered due to the technicality of the requirement for a 4/5 vote. Motion to reconsider It was moved by Mayor Hyde and seconded by Councilman Scot that the Council reconsider the previous matter (Item 1S) because of the problem of whether or not it was appropriat to have a 4/5 vote. Equipment a labor-saving Actins City Manager Asmus explained that this equipment device will be a labor-saving device and will eventually pay for itself in terms of savings in personnel costs. Speaking against motion Mayor Hyde spoke against the motion, stating this matter was approved at a time when the City was faced with the impact of Proposition 13 and financial considerations were taken into account. Speaking in favor Councilman Scott spoke in favor of the motion on the basis of the loss of CETA personnel. Held Tuesday - 7:00 p.m. -9- February 6, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Continued) Motion to reconsider The motion to reconsider failed by the following vote, failed to-wit: Ayes: Councilman Scott NOES: Councilmen Cox, Egdahl, Hyde, Gillow Absent: None 16. ORDINANCE NO. 1856 - On January 23, 1979 the Council directed that an ordinance AMENDING CHAPTER 19.62 be prepared amending the offstreet parking requirement OF THE MUNICIPAL CODE for specified types of office uses, changing the parking RELATING TO OFFSTREET requirement for banks, savings and loans, and medical and PARKING REQUIREMENTS FOR dental offices. Post offices were deleted from the require BANKS, SAVINGS AND LOANS, ments and will be considered on an individual basis. MEDICAL AND DENTAL OFFICES, AND POST OFFICES - FIRST READING Ordinance placed on It was moved by Councilman Scott that this ordinance be first reading placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 17. ORDINANCE NO. 1853 - This item involved a request to rezone a portion of the AMENDING THE MUNICIPAL property located at the northeast corner of Broadway CODE REZONING A SIX-FOOT and Moss Street from C-T to R-3. The Council placed the WIDE STRIP OF PROPERTY ordinance on first reading on January 23, 1979. NORTH OF MOSS STREET, EAST OF BROADWAY FROM C-T TO R-3 - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this ordinance be second reading and placed on second reading and adopted, and that the reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 18. ORDINANCE NO. 1854 - In August, 1978 the Council adopted the E1 Rancho del Rey AMENDING THE MUNICIPAL Specific Plan/General Development Plan, and enacted CODE RELATING TO several regulations into interim ordinances which are GENERAL PLAN AND SPECIFIC now being replaced by permanent amendments to the Code. PLAN PROCEDURES AND TO This ordinance was placed on first reading at the meeting THE P-C PLANNED CO~MJNITY of January 23, 1979. ZONE - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this ordinance be second reading and placed on second reading and adopted, and that the reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None Held Tuesday ~ 7:00 p.m. -10- February 6, 1979 19. REPORT OF THE CITY MANAGER CO~PLAINT REGARDING With the concurrence of the Council, Mr: Clyde Dearwes~er ALLEGED RENT ABUSE was given permission to make a presentation concerning a rental problem at the Flamingo Mobilehome Park at 466 Broadway Clyde M. Dearwester Mr. Dearwester said he was speaking on behalf of the 466 Broadway residents of the Flamingo Mobilehome Park concerning an Chula Vista, CA unreasonable increase in rental fees. He presented a petition signed by 44 residents requesting Council assistan in this matter, explaining that the majority of the renters are senior citizens on fixed incomes. Rent increased by Mr. Dearwester explained that the rent for park spaces was new owner increased by the new owner, Esequiel Can~pos, from $60 per month to $100 per month which is creating a real hardship on handicapped and older citizens. He urged the Council to take action to assist people in this situation. Council discussion The Council discussed at length the various ways and means to offer help in this matter, noting that studies indicate it may not be proper for the-City to enter into rent controls and discussing (1) possibilities of rent subsidy; (2) assistance may be available from County welfare agency; (3) the problem is nation-wide and could be discussed with legislators in Washington, D.C.; (4) Senior Citizen Referra Center may be able to advise individuals on where they can obtain help; (S) Co~nunity Development Department may have information programs available. Request that owner Mr. Dearwester asked if the Council would contact Mr. Campo be contacted in an effort to have him reconsider the amount of rent increase. Motion to send letter It was moved by Councilman Gillow, seconded by Councilman to Mr. Campos Scott and unanimously carried that the Council contact Mr. 9,78 Loma View Campos by letter over the Mayor's signature expressing the Chula Vista, CA Council's concern in this matter. 19a. REPORT ON PARK The Council received a letter and petition from the resi- PALOM~R APARTMENTS dents living in the apartment c~mplex formerly known as Jay-L-Jay protesting a recent rent increase and maintenance of the apartment units. Rent control may not In a written report, the City Manager stated the Director be best solution of Building and Housing is in the process of inspecting these units and a report will be available the week of February 12. He also reported that various groups have conducted studies concluding that rent control may be the wrong answer and suggested that other solutions to providin adequate housing would be a better alternative to rent control. Motion to accept It was moved by Coun'cilman Scott, seconded by Councilman Co report and send letter and unanimously carried that the report be accepted, with to Elva Curry and a letter over the Mayor's signature to be sent [o the Donna Yuen initiators (Elva Curry and Donna Yuen) of the petition advising them of the Council's action on this matter. Suggestion to send Mayor Hyde said the City Attorney has suggested that the letter to other apartment Council also send such a letter to other apartment owners owners and trailer park and/or trailer park operators that might be influenced in operators a positive way regarding this matter. Held Tuesday - 7:00 p.m. -11- February 6, 1979 Request for City Manager Mayor Hyde requested that Mr. Asmus make a note for the to discuss rent problems City Manager to discuss the problem of rent increases with him for possible additional action. Report regarding In response to a request from the Council at the Agency flood'damage meeting on February 1 for a report on the availability of monies to help with flood damage, Acting City Manager Asmus said he has been informed the City will not be eligible for any money to assist in rehabilitating the golf course this year. Also, the County Board of Supervisors was not successful in declaring the area a disaster area and County staff was requested to report on all property damaged in flood plain zones; such property may be exempted from small business loans. Mr. Asmus said the County will make SBA low interest loans available to businesses and residence~ for flood repairs, if a disaster area is declared. Route 100 to be Mr. Asmus reported. that San Diego Transit has notified continued through the City they have.money to continue Route 100 through June 30 without June 30, 1979 and Will not require additional funds from additional funds the City. from the City Suggestion to Mr. Asmus suggested that the last item on the agenda, Item 2, Continue Item 24 could be more adequately handled at a CounCil Conference and recommended the Council schedule a meeting for February 1S for this purpose. Motion to schedule It was moved by Councilman. Scott, seconded by Councilman Council Conference Cox and unanimously carri~ that a Council Conference be on February 15 set for Thursday, February 1S, 1979. City Hail renovation Mr. Asmus said staff would als0 like to discuss the and reorganization modeling of City Hail and the reorganization plan at the also scheduled for meeting on February 15. The Council concurred. February 15 R~PORTS OF CITY OFFICERS AND DEPARTMENT HEADS 20. REPORT ON SAN DIEGO On December 19, 1978 the Council requested that staff COUNTY'S SOLAR HEATING review and evaluate the County's solar heating requirement REQUIREMENTS (COUI~TY and submit a report to the Environmental Control Commission. ORDINANCE S324) The Commission was asked to prepare a recommendation to the Council. Recommendation of In a written report, Director of Planning Peterson said Environmental Control at their meeting on January IS, 1979 the EnVironmental Commission Control Commission determined that the County Ordinance No. S324 is a step forward in energy conservation, but the empirical value has not been established. The Commission recommended that the Council charge them and the staff with the continued monitoring of proposed and enacted conservation legislation and the operational effects of ~he County ordinance. Staff concurred. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the report be accepted. The Council commended the Commission and staff on the report. Held Tuesday - 7:00 p.m. -12- February 6, 1979 21. REPORT ON POST OFFICE On January 23, 1979 the Council requested a staff report DRIVE-THROUGH MAIL BOX on the cost of modifying the post office drive-through mail box to make a safer entrance and exit. The City Engineer submitted a written report indicating that if the island were shortened by ten feet on the north end and five feet on the south end, the problem would be alleviated. The post office approved the modification, but would not contribute to the cost. The City Engineer estimated the modification could be done by City forces for about $400, including equipment, materials and labor. Staff recommended Council approval for the City to proceed with the modifications. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Egdahl and proceed with and unanimously carried that the report be accepted and modifications staff directed to proceed with the remodeling of the island. 22. REPORT 0N THE In a written statement, the City Engineer reported that INSTALLATIbN OF LEFT since the left turn lanes were installed on East "L" Street TURN LANES ON EAST "L" between Melrose and Menaerate Avenues, the City has received STREET BETWEEN MELROSE several requests from residents for action to correct AND NACION AVENUES access/egress problems on Monterey Court and Mission Avenue. After review, the Safety Commission and staff determined the best low cost solution would be the continuation of the left turn lanes easterly from Melrose Avenue to Nacion Avenue. It was recommended that Ithis alternative be tried and evaluated for a 12-month period. Citizens views expressed Nick Naczas, 315 East "L" Street; Ernest Kobeck, 311 East "L" Street; Marily Nacz~s 315 East"L" Street; and Dale Holley, 931 Melrose, made comment.s concerning the traffic hazards along this section of "L" Street emphasizing · excessive speed, poor site visibility, and the dangerous situations created in making left turns. Ms. Holley suggested that signals be placed at "L" and Melrose and "L" and Nacion. Ms. Naczas requested that any corrective measures taken be made permanent and not temporary. Council discussion Council and staff discussed the comments made by residents and various solutions available: providing left turn lanes only; prohibiting left turns; grading the hill down; two-way left turns; use of rumble buttons; and installation of flashing caution lights (yellow). Permanent solution In answer to a question from Councilman Egdahl, Director might be prohibiting of Public Works Robens said that the only permanent solu- left turns tion would be to prohibit left turns by constructing a median island and fencing. He said this was considered, but not recommended as the left turn lanes may work. Motion to accept report It was moved by Mayor Hyde and seconded by Councilman and make evaluation in Egdahl that the report be accepted and staff be directed six months to go ahead and mark the lanes accordingly and report back on the evaluation in six months. Concerns expressed Councilman Egdahl said he is in favor of the motion as it will be a better situation that what exists now, but expressed concern that it does not solve the problem. Suggestion to prohibit Councilman Scott spoke against the motion stating left turn left turns lanes will not solve the problem, and suggested that left turns be prohibited. Motion failed The motion to provide left turn lanes failed by the following vote, to-wit: Ayes: Mayor Hyde, Councilman Egdahl NOES: Councilmen Cox, Gillow, Scott Absent: None Held Tuesday - 7:00 p.m. -13- February 6, 1979 Motion to refer to It was moved by Councilman Scott, seconded by Councilman Safety Cormnission to Gillow and unanimously carried that this problem be sent consider no left turns to the Safety Commission with the suggestion by the Council that a permanent solution may be no left turns and the ways to implement that as a solution. Report due in one month The Council concurred that a report be made in one month. 23. REPORT ON LOCATION OF On November 7, 1978 the Council referred the matter of the DRIVEWAY TO BOYS/GIRLS traffic on Redwing Road and the possible cul-de-sacing CLUB AND MODIFICATIONS of Redwing Road to the Safety Connnission. After review by TO CIRCULATION SYSTEM the Commission and staff, it was determined that the best location of the access driveway would be directly opposite Redwing Road. It was also agreed that the cul-de-sacing of Redwing Road was not necessary at this time, but could be reconsidered if there is a problem after the club opens. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott ant unanimously carried that the report be accepted. 24. REPORT ON CONSTRUCTION In April 1978 the Council approved an agreement with ALTERNATIVES FOR Donald R. Goldman and Associates for the program develop- RENOVATION OF CIVIC CENTER- ment and cost estimate phase of City Hall renovation. ADMINISTRATION BUILDING Mr. Goldman has completed a report indicating the basic question that must be answered before proceeding is whether or not the renovation will include air conditioning. Item 24 continued to (This item was continued to the Council Conference on February 1S, 1979 February 15, 1979. See motion under City Manager's Report, page 11 of the minutes.) MAYOR'S REPORT Term of John Nash on Mayor Hyde announced the term of John Nash as a memberof Design Review Committee Design Review Committee expires this month and he has asked expires to be reappointed. Mayor Hyde said he is reappointing Mr. Nash and asked for Council ratification. (Councilman Scott left the dais for a brief period at this time.) Motion to ratify re- It was moved by Coucilman Cox, seconded by Mayor Hyde and appointment to Design unanimously carried bythose present that the appointment be Review Committee ratified. Council tours of the City Mayor Hyde noted that the Council has not been out on a tou~ of the City for some time, although it had been agreed this is a benefit to the Council to periodically take a Saturday morning tour for various purposes. (Councilman Scott returned to the dais at this time.) Motion for schedule of It was moved by Mayor Hyde, seconded by Councilman Scott tours to be prepared and unanimously carried that the City Manager be requested to set up a schedule for this year of Saturday morning Council tours in the months of April, August and December. Appointment to Mayor Hyde said there is a vacancy on the Board of Ethics Board of Ethics and after consulting with a number of people, he has appointed the Reverend Ronald Apgar to the Board. He asked Council ratification of the appointment. Appointment ratified It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the appointment be ratified. Held Tuesday - 7:00 p.m. -14- February 6, 1979 Students making trip Mayor Hyde stated the International Friendship Commission to Irapuato is sponsoring an annual trip to Irapuato for the winners of an essay contest and it is customary for the City of Chula Vista to send a gift to the City of Irapuato. Authorization to purchase It was moved by Mayor Hyde, seconded by Councilman Scott gift for City of Irapuato and unanimously carried that the Council authorize the International Friendship Commission to select a gift, to be approved by the Mayor, for presentation to the City authorities in Irapuato during the visit on March 2, with , the gift not to exceed $50.00. Chairman of IFC Mayor Hyde asked that the Mayor's Secretary be requested to be notified to notify the Chairman of the International Friendship Commission of this action. Motion for Council Conference It was moved by Mayor Hyde, seconded by Councilman Cox and to consider development of unanimously carried that a Council Conference be scheduled la~d near golf course in the near future' to consider proposals for development alternatives for the approximately three acre parcel of City-owned~land adjacent to the golf course on Bonita Road between the Glenn and apartments to the west. City Manager to Mayor Hyde asked that the City Manager come back with a suggest appropriate date proposed date for the meeting. Letter from League Mayor Hyde referred to a letter received from Mr. Lyman of Cities regarding Cozad, Manager of the League of California Cities, allocation of additional reciting the fact that the State Legislature is being sales tax asked by the League of Cities to allocate an additional one cent of the current State sales tax to local govern- ments on a population distribution plan. Mr. Cozad said the League is asking for support in this endeavor. Motion for City Manager It was moved by Mayor Hyde, Seconded by Councilman Cox and to prepare appropriate unanimously carried that the City Manager propose appro- arguments in support priate arguments in behalf of the sales tax proposal for of'sales tax proposal consideration of the City Council to be sent forward to the Legislators and the League of California Cities. Report received from Mayor Hyde made reference to the report from the Mayor's Mayor's Committee to Committee to Study City Fee Schedules. The Mayor expresse~ Study City Fee Schedules appreciation to Mr. Moore, Chairman, and to the Committee for their efforts in submitting the recommendation. Motion to schedule It was moved by Mayor Hyde, seconded by Councilman Scott Council Conference and unanimously carried that this proposal be r~ferred to regarding fee study staff for their analysis and comment and a Council Con- ference be set up to analyze the action to be taken as a result of the study. Letter requesting that Mayor Hyde said the Town Centre Business and Professional signs be placed over Association has sent a request for the City to hang two Third Avenue regarding signs from cables across Third Avenue between "E" and "F" parking Streets during the time Third Avenue is under construction, indicating that parking is available in other areas. Motion to approve It was moved by Mayor Hyde, seconded by Councilman Cox and request of Town Centre unanimously carried that the request be approved and staff Association be directed to assist them (Town Centre Association) in this matter. Held Tuesday - 7:00 p.m. -15- February 6, 1979 COUNCIL COMMENTS Letter regarding Councilman Cox commented on a letter in the Council amendment to Brown Act packets from the City of Gridley asking for support of SBllO by Senator Ray Johnson to amend the Brown Act to allow emergency meetings of public agencies. He suggested the Legislators be asked to support this measure. Motion to contact It was moved by Councilman Scott and seconded by Council- Legislators to man Cox that the Council ask the State Legislators to support SBllO support this bill. Council discussion Council discussion ensued and it was determined that there is some question as to the wording of the Bill and the League of Cities is not now supporting it. Substitute motion It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the matter be referred to the Legislative Committee. Questions on disposal Councilman Cox said .he has had some telephone calls re- of animgls at Shelter garding the manner in which the Shelter is disposing of animals, and asked if the staff would have an updated report on the procedures being used. New equipment on Acting City Manager Asmus said new equipment is on order order and the City is not at this time able to purchase serum for injections, thus, the Shelter is either not destroying animals or is using the decompression chamber. Concern regarding use Councilman Cox expressed his concern that the City is still of decompression chamber using the chamber since it has been banned by the State. He also stated it is his understanding the Legislature is now reconsidering whether to allow the type of device on order by the City(nitrogen equipment). Motion to cease It was moved by Mayor Hyde, seconded by Councilman Cox destruction of animals and unanimously carried that the City Manager cease until the City can destruction of animals at the animal shelter until the comply with the law City has a positive report indicating it is in compliance with the State law. Mayor Hyde said if this creates a serious problem, the staff should report it at the next meeting. Recommendation to Councilman Egdahl referred to the report from the City release Booz, Allen Manager regarding the status of implementation of the and Hamilton from recommendations of the Booz, Allen and Hamilton report, obligations indicating that "due to the changed circumstances brought about by Proposition 13, the Council should release the firm from this obligation and unexpended monies be returned to the general fund." Motion to accept It was moved by Councilman Egdahl, seconded by Councilman staff recommendation Scott and unanimously carried that the staff recommenda- tion be accepted. Suggestion to provide Councilman Egdahl referred to the rent paid for the Senior space for Senior Service Service Center and suggested, in view of the excess space Center at City Hall complex that will be available due to the remodeling of the Civic Center, that provision could be made to provide space for this Center. Held Tuesday - 7:00 p.m. -16- February 6, 1979 Motion to schedule It was moved by Councilman Egdahl, seconded by Councilman item for meeting on Cox and unanimously carried that this matter be placed on February 8 the agenda for the meeting of Thursday, February 8. Volunteer program Councilman Egdahl briefly discussed the volunteer program in the City, particularly in reference to assistance in the Library. Councilman Egdahl to be Councilman Egdahl reported that due to a commitment he late at meeting of 2/8 has on Thursday, February 8, he will be late in arriving at the meeting. Ad hoc committee to Councilman Gillow discussed crime in the City. He requesteC study goals for that an ad hoc committee be set up, volunteering to be the crime prevention chairman, to analyze what needs to be done in the area of crime. He suggested membership of the committee include a judge, law professor, Safety Commission and Human Relations Commission members, with the committee to meet only four times to determine goals of what could be accomplished. Motion to create an It was moved by Councilman Gillow, seconded by Councilman ad hoc committee Egdahl and unanimously carried that an ad hoc committee be established as suggested. Letters exchanged Councilman Scott noted several letters exchanged between regarding development the Getsten Companies and the City Attorney regarding the of "H" Street problem of completing "H" Street, commenting on the pessimistic attitude reflected concerning this matter. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:55 p.m. to the Council Conferenae scheduled for Thursday, February 8, 1979 in the Council Conference Room, City Hall.