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HomeMy WebLinkAboutcc min 1989/03/28At 6:30 p.m., The City Council met for a Closed Session at 6:30 p.m. to discuss the Sale of Reversionary Interest of Community Hospital (Robert Hanson, Executive Director) and Potential Litigation. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, March 28, 1989 Council Chamber 7:14 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, City Attorney Harron Mayor Cox apologized to the public for the delay in starting the Meeting; no decision was made on the item discussed in Closed Session which will be docketed for public discussion at a future meeting. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Mayor Cox referred to page 9 of the ~linutes of March 14 which was corrected to state Mayor pro tempore Nader opened the public hearing on item 20. MOTION MSC (McCandliss/Moore) to approve the Minutes for the Regular Meeting of March 14 and the Adjourned Meeting of March 16, 1989. (Councilman Malcolm abstained from the vote on the Minutes of March 16 because he was absent from the Meeting.) 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE TO YOUTH COMMISSIONERS City Clerk Acting Deputy Clerk Kemp administered the Oaths of Office to the new members of the Youth Commission. Araceli Cabarcas, Jason T. Cochran, Erin McAndrew, Julia Palmer, Daniel Schwarz, Sean Smith, Erik Rodrigo Soto and Joseph Williams were presented with a Certificate of Office by Councilman Nader on behalf of the City Council. MINUTES - 2 - March 28, 1989 Mayor Cox congratulated the Commissioners on their appointments stating he was looking forward to receipt of their good advice to the City and expressed his wish for a fruitful and long association. Councilman Nader reported there remains one vacancy on the Commission and requested anyone who wishes to be considered for the position to contact the Council offices. b. PRESENTATION OF "GOLD NUGGET AWARD" TO CITY FOR SUPPORT IN EASTLAKE - Kent Aden, EastLake Development, reported the Annual Awards Program this past year selected the EastLake Shores Beach Club as the best recreational facility in the 14 western United States. EastLake presented a copy of the Award to the City stating the credit should go to the City and staff for creating this type of development. CONSENT CALENDAR (Items 3a - 26) Pulled items: 3a, 3b, 3d, 4, 7, 16, 17, 19a and b, 21, and 25. Items 5, 11 and 26 are appropriation items which require a 4/5 vote. MAYOR COX OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the texts waived by unanimous consent and passed. (Councilman Malcolm voted "no" on item 5 and abstained on item 14 because of his ownership in Great American Federal.) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR FINANCIAL SUPPORT TO HELP FUND THE CALIFORNIA OCS LOCAL GOVERNMENT COORDINATION PROGRAM - Gary Patton, Chair, Board of Supervisors of Santa Cruz, 701 Ocean Street, Santa Cruz 95060-4069 Pulled from the Consent Calendar. b. REQUEST THAT RENT DISPUTE BE PLACED IN BINDING ARBITRATION R.C. Flaugher, 1100 Industrial Blvd., Chula Vista 92011 Pulled from the Consent Calendar. c. REQUEST FOR WAIVER OF FEES TO ESTABLISH ADULT DEVELOPMENT CENTER Bruce So Baumgarten, Ph.D., Lifetime Assistance & Services, Inc., 374 N. Highway 101, Suite C, Encinitas 92024 Council directed the fees be waived; the subject request is consistent with Council policy. MINUTES 3 March 28, 1989 d. REQUEST THAT COUNCIL GIVE TOP CONSIDERATION TO PRIORITIES LISTED BY HUMAN SERVICES COUNCIL Pamela Smith, Chair, c/o 380 Third Avenue, Suite B, Chula Vista 92010 Staff was directed to advise Ms. Smith, City Council is already giving great weight to the subject priorities in funding social service efforts. e. URGING COUNCIL TO PASS ORDINANCE TO BETTER REGULATE MEDICAL WASTE Susan Goldin9, Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego 92101 Pulled from the Consent Calendar f. REQUEST FOR WAIVER OF REQUIREMENTS FOR BUSINESS LICENSE - Bonitafest, Priscilla Madsen, Chair, P.O. Box 634, Bonita 92002 Council authorized staff to waive the requirements for Business licenses for the Bonitafest. g. CLAIMS AGAINST THE CITY JoAnne Swanson, c.p Laurence Jacobs, Esq., 225 Broadway, Suite 900, San Diego 92101; Vance Mitchell for Moss Street Limited; 42149 Elm Street, Murrieta, CA 92362 Council denied the claims. 4. RESOLUTION ,~. ~ DECLARING THAT A CERTAIN 1.5 ACRE PARCEL OF CITY OWNED VACANT LAND LOCATED AT THE NORTHEAST CORNER OF EAST H AND RIDGEBACK ROAD HAS NO PRESENT OR FUTURE USE FOR PUBLIC PURPOSES (Assistant City Manager) Pulled from the Consent Calendar 5. RESOLUTION 14019 APPROVING FUNDS FOR CONSULTING SERVICES FOR RECRUITMENT FOR COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING DIRECTOR ICity Manager) In order to help insure that the Community Development Director and Planning Director positions are filled by the best qualified persons available, Council authorized that the City's normal recruiting efforts be supplemented by the efforts of a professional recruitment firm; the resolution appropriates $8,000 for consulting services. Councilman Malcolm reported he does not support the Resolution because of his belief that promotion of employees within the City should be the policy. MINUTES 4 March 28, 1989 6. RESOLUTION 14020 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VISTA HILL FOUNDATION PROVIDING FOR THE REFUND OF EXCESS DEVELOPMENT IMPACT FEES (Director of Public Works) In September 1988, it was proposed that Development Impact Fees from the Vista Hill Foundation be based on factors established by a study prepared by the Foundation's consultants. The agreement would provide for additional fees to be collected in the event that the future use of the affected facilities changed in such a way that the Development Impact Fees would be increased. The Development Impact Fee Fund will be reduced by $51,054.30 as a result of the initial refund. 7. RESOLUTION APPROVING THE FINAL MAPS FOR CHULA VISTA TRACT 84-1, EUCALYPTUS GROVE, UNIT NO. 1 AND UNIT NO. 2 (Director of Public Works) Pulled from the Consent Calendar 8. RESOLUTION 14021 ACCEPTING PUBLIC IMPROVEMENTS, BONITA LONG CANYON EASTLAKE, UNIT 2 (Director of Public Works) Bonita Long Canyon Estates, Unit 2, is generally located east of Corral Canyon Road and north of East "H" Street. McMillin Development Company has completed the requirements for public improvements and all work was found to be in accordance with the approved plans and to the satisfaction of the City Engineer. 9. RESOLUTION 14022 AUTHORIZING EMERGENCY REPLACEMENT OF A FIRE DEPARTMENT SEDAN AND AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE ONE COMPACT PICK-UP (Director of Public Works/Director of Public Safety) Upon the analysis of the Insurance Adjuster, Risk Manager and Equipment Maintenance Superintendent, the City's Ford Escort sedan recently damaged in a traffic accident was declared a total loss. The resolution authorizes the emergency replacement of the sedan and authorizes the Department of General Services of the State to purchase one compact pick-up. lOa. RESOLUTION 14023 ACCEPTING A GRANT DEED AND GRANTS OF EASEMENTS ALONG TELEGRAPH CANYON ROAD FOR STREET PURPOSES AND FOR DRAINAGE PURPOSES (Director of Public Works) b. RESOLUTION 14024 APPROVING INDEMNITY AGREEMENTS BETWEEN EASTLAKE DEVELOPMENT COMPANY AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENTS MINUTES 5 - March 28, 1989 The EastLake Development Company is proposing to widen Telegraph Canyon Road between Paseo Ladera and Apache Drive to provide a four lane roadway which requires additional right-of-way be acquired for the roadway. Drainage easements must be acquired to provide for the relocation of the drainage channel adjacent to the roadway and to provide for drainage structures and pipes associated with the road widening. 11. RESOLUTION 14025 APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE FOR COSTS TO COMPLETE A HYDROGEOLOGIC ASSESSMENT REPORT FOR THE STATE WATER QUALITY CONTROL BOARD ON THE CORPORATION YARD PAINT PIT (Director of Public Works) In January 1988 a contract for ~9,480 was awarded to Applied Hydrogeologic Consultants to study and prepare a Hydro9eologic Assessment Report for the California Regional Water Control Board. $5,000 was appropriated in September 1988 and the contract was amended. Work has now been completed and the State advised that further samples need to be taken and evaluated. The resolution appropriates $5,000 from the General Fund Reserve for costs to complete the hydrogeologic assessment report. 12. RESOLUTION 14026 ACCEPTING INFORMAL BIDS AND AWARDING CONTRACT FOR RENOVATION OF FOLDING BLEACHERS AT PARKWAY GYMNASIUM IN THE CITY OF CHULA VISTA (Director of Public Works) The work to be done includes removal and refinishing of all seat, skirt and walkboards; replacement of broken boards; maintenance, repair and lubrication of understructure; installation of new brake pads on all brake assemblies; repair or design of new locking system which will not allow bleachers to move once they are fully extended. Council awarded the contract to Kuhler Corporation in the amount of $17,350.00. 13. RESOLUTION 14027 AMENDING RESOLUTION 13990 WHICH APPROVED AN AGREEMENT WITH VTN SOUTHWEST, INC. FOR PREPARATION OF CONSTRUCTION DOCUMENTS AND PLANS NECESSARY FOR THE IMPROVEMENT AND WIDENING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD (BETWEEN APACHE DRIVE AND RUTGERS AVENUE) AND PARALLELING CHANNEL (Director of Public Works) The Agreement with VTN SOUTHWEST, approved on March 7, 1989, was amended to change the engineer's name to VTN CONSULTANTS, INC. since the required insurance coverage can only be provided under the new name. MINUTES 6 March 28, 1989 14. RESOLUTION 14028 APPROVING ENCROACHMENT PERMIT FOR VARIOUS SIGNS IN RANCHO DEL SUR (Director of Public Works) The developers of Rancho del Sur (Sunbow) subdivision desire to place various signs in the City's rights-of-way located within their project in accordance with a sign program approved by the Zoning Administrator. The resolution authorizes the City Engineer to issue the subject encroachment permit. Councilman Malcolm abstained from the vote because of his stock ownership in Great American Federal. 15. RESOLUTION 14029 AUTHORIZING THE CITY TO PARTICIPATE AS AMICUS CURIAE IN COMMUNITY DEVELOPMENT COMMISSION INATIONAL CITY) V. ASARO ICity Attorney) The Redevelopment Agency in National City's litigation involves the issue of valuation of "good will" for eminent domain purposes. National City and the League of California Cities Legal Advocacy Committee have requested amicus curiae support from cities throughout the State. 16. ORDINANCE ,~ AMENDING CHAPTER 9.50 AND REPEALING CHAPTER 9.60 OF THE MUNICIPAL CODE RELATING TO RENTAL MOBILEHOME PARKS FIRST READING (Community Development Director) Pulled from the Consent Calendar 17. ORDINANCE ~-- AMENDING TITLE 5.36 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 5.36.030 AND 5.36.070 AND ADDING SECTIONS 5.36.075 EXEMPTING "HOLISTIC HEALTH PRACTITIONERS" FROM MASSAGE PARLOR REGULATION FIRST READING (Director of Public Safety) Pulled from the Consent Calendar. 18. ORDINANCE 2304 AMENDING SECTION 10.28.090 OF THE CHULA VISTA MUNICIPAL CODE REGULATING SKATEBOARD USE WITHIN THE CITY OF CHULA VISTA - FIRST READING (Director of Public Safety) The amendments extend the current prohibition to now include private property and specified public property to include a definition of "Business District;" additional examples of public property where skateboarding is prohibited are outlined and provision made for posting of prohibition signs in those areas where skateboarding is now damaging property. MINUTES 7 March 28, 1989 19a. ORDINANCE AMENDING SECTION 5.58 OF THE MUNICIPAL CODE RELATING TO REGULATION OF TOW COMPANIES - FIRST READING IDirector of Public Safety) b. RESOLUTION APPROVING THE DISTRIBUTION OF AN RFP TO SELECT TOW COMPANIES FOR POLICE REQUESTED TOWING SERVICE AND AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO EVALUATE THE PROPOSALS AND ENTER INTO AN AGREEMENT WITH THE SUCCESSFUL PROPOSERS Pulled from the Consent Calendar 20. REPORT CLARIFICATION OF TERM OF OFFICE FOR COUNCILMAN MOORE (City Attorney/City Clerk) Councilman Moore was originally elected to a short term of office of two years on April 13, 1982, which term was extended by Proposition J in November 1982. Proposition J was silent as to any effect it would have on eligibility for future office. The Charter Review Committee unanimously voted it was not the Committee's intent in recommending Proposition J to limit Councilman Moore's ability to run for a full second term and concludes that he is eligible to seek a second term of office. 21. REPORT ON RECRUITMENT FOR POSITION OF CITY CLERK (City Manager) Pulled from the Consent Calendar 22. REPORT ON PAYBACK FOR EAST H STREET AS A CONDITION OF SALE OF BONDS FOR EAST H ASSESSMENT DISTRICT (Director of Public Works) This report reviews past commitments, agreements and plans that have been approved by Council and recommends a course of action for the City to be reimbursed now and includes the 1980 "H" Street Development Program, the Resolution of Intention for Assessment District, Rancho del Rey Development Agreement and the Development Impact Fee for Streets. Council authorized the City pay itself back from the Development Impact Fee for Streets. 23. REPORT POTENTIAL PRESERVATION OF HOUSE AT 670 F STREET (Director of Planning) A residence at 670 "F" Street is scheduled for a controlled burn down exercise on March 29, 1989 to allow for redevelopment of the property for 77 apartment units. On March 16, 1989 Council considered whether or not the house should be preserved and requested additional information. Council authorized the controlled burn down exercise to proceed as scheduled. MINUTES 8 March 28, 1989 24. REPORT SIX-MONTH EVALUATION OF ALL-WAY STOP ON HILLTOP DRIVE AND G STREET (Director of Public Works) An all-way stop study was completed by staff in which this intersection received the 30 points required to meet the warrants. Since the installation, there have been no reported accidents at this intersection and the visibility problem caused by mature palm trees, shrubbery and wooden utility poles have been resolved; Council directed the all-way stop installation be reaffirmed. 25. REPORT REQUEST FOR SPEED LIMIT CHANGE ON RUTGERS AVENUE AND AN ALL-WAY STOP AT ITHACA STREET (Director of Public Works) Pulled from the Consent Calendar 26. RESOLUTION 14030 APPROPRIATING $4,000 TO PREPARE AND ADD AMENDMENTS TO THE SOIL IN THE PARKWAYS IN THE 1100 BLOCK OF HILLTOP DRIVE (Assistant City Manager) By placing the soil amendments in the parkway and preparing the soil, each homeowner will have the opportunity to landscape his/her area as they desire. The end product will re-establish to some degree the pleasant neighborhood that existed prior to this project. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 27. PUBLIC HEARING PCZ-89-D: CONSIDERATION TO REZONE 2.09 ACRES LOCATED ON THE WEST SIDE OF OTAY LAKES ROAD BETWEEN BONITA ROAD AND ALLEN SCHOOL LAND FROM R-3-P-8 TO C-O-P - BOB CRANE AND JEFF PHAIR (Continued from meeting of January 10, 1989) (Director of Planning) The applicant has requested an indefinite continuance. Progress on the plans continue to be hampered by complications in the purchase of the property. MOTION MSUC (Cox/McCandliss) to file the item. 28. PUBLIC HEARING PCZ-89-E: CONSIDERATION TO REZONE 7.72 ACRES BOUNDED BY BROADWAY, FLOWER STREET, JEFFERSON AVENUE, AND E STREET, FROM C-T to C-C-P APPEL DEVELOPMENT COMPANY/CITY OF CHULA VISTA (Continued from February 28, 1989) (Director of Planning) MINUTES 9 March 28, 1989 ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 7.72 ACRES BOUNDED BY BROADWAY, FLOWER STREET, JEFFERSON AVENUE, AND E STREET, FROM C-T to C-C-P A letter from the applicant, Appel Development requested the item be continued until after the General Plan process; Director of Planning Krempl confirmed the public hearing would be published at that time. MOTION MSUC (Nader/McCandliss) to file the item. 29. PUBLIC HEARING PCZ-89-F: CONSIDERATION TO REZONE 0.59 ACRES LOCATED ON THE NORTHERLY SIDE OF D STREET, BETWEEN LAS FLORES DRIVE AND MINOT AVENUE, FROM R-1 TO R-2-P - FRANK BALISTRIERI/CITY OF CHULA VISTA (Director of Planning) ORDINANCE 2305 REZONING 0.59 ACRES LOCATED ON THE NORTHERLY SIDE OF D STREET, BETWEEN LAS FLORES DRIVE AND MINOT AVENUE, FROM R-1 TO R-2-P This being the time and place as advertised and the public hearing was declared open. There was no one present to speak either for or against this item and the public hearing was closed. Director of Planning Krempl reported the item involves the rezoning of a portion of five parcels; the request has been privately initiated for the most westerly parcel and City staff has expanded the proposal to include the four adjacent parcels to the east. COUNCILWOMAN McCANDLISS OFFERED THE ORDINANCE BE PLACED ON FIRST READING which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 30. ORAL COM~IUNICATIONS - Bob Walke, 466 Oxford Street, thanked Council and City staff for the prompt correction of the problem on Oxford Street. He included the thanks of all the children who use the street and school , the senior citizens, the joggers, bicycle riders and, especially, the two sight-impaired girls. PULLED ITEMS 3a. REQUEST FOR FINANCIAL SUPPORT TO HELP FUND THE CALIFORNIA OCS LOCAL GOVERNMENT COORDINATION PROGRAM - Gary Patton, Chair, Board of Supervisors of Santa Cruz, 701 Ocean Street, Santa Cruz 95060-4069 MINUTES 10 - March 28, 1989 Staff recommended the request be referred to the Legislative Committee for further review and Council consideration; during the FY 1989-90 Budget process. Councilman Nader questioned whether anyone was contacted to question the urgency of the request. MOTION MSUC INader/McCandliss) refer the matter back to staff to contact members of the OCS Local Government Coordination Program to ascertain if, in the estimation of staff, it is not time sensitive to bring it back for budget considerations. Councilman Malcolm reported the only governing body which has the right to issue or deny a permit is the Coastal Commission. The Commission is opposed and all denials are overturned by the Federal Government who state it is a national need to drill for the oil regardless of environmental concerns. 3b. REQUEST THAT RENT DISPUTE BE PLACED IN BINDING ARBITRATION - R.C. Flaugher, 1100 Industrial Blvd., Chula Vista 92011 It is recommended the letter from R. C. Flaugher be filed; the negotiation process at Lloyd's Mobilehome Park was appropriately discontinued because the owner reduced and noticed rent increase to the CPI level, therefore obviating any dispute under the ordinance provisions. R. C. Flaugher, 1100 Industrial Boulevard, reported circumstances from his perspective relative to the rent dispute at Lloyd's Trailer Park and made several accusations concerning the owner of the park. Tom Kenny, 9971 Campo Road, Spring Valley, owner of Lloyd's Trailer Park, responded to the comments made by R. C. Flaugher, stating the law suits mentioned by him are housing violations against tenants as cited by Tina LeBlanc, City staff. Councilman Malcolm stated for the record his disappointment that Mr. Kenny decided to sell his park; the low income people need the park and no one is happy at this point. MOTION MSUC (Cox/Moore) to accept the staff recommendation. 3e. URGING COUNCIL TO PASS ORDINANCE TO BETTER REGULATE MEDICAL WASTE - Susan Golding, Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego 92101 It is recommended this issue be referred to staff for further review and direction for a letter sent to Supervisor Golding indicating the City's interest but the need for more information on enforcement and costs. Councilman Nader suggested adopting an ordinance similar to the ordinance of the County. ~INUTES - ll March 28, 1989 MOTION MS INader/McCandliss) to approve staff's recommendation with the addition that it is the desire of Council to examine the option and that it be included in the letter to Supervisor Golding. Councilman Nader suggested staff examine other areas, such forms, fees, inspections, follow-up inspections and, importantly, where is the money coming from. VOTE ON THE MOTION passes unanimously. 4. RESOLUTION 14031 DECLARING THAT A CERTAIN 1.5 ACRE PARCEL OF CITY OWNED VACANT LAND LOCATED AT THE NORTHEAST CORNER OF EAST H AND RIDGEBACK ROAD HAS NO PRESENT OR FUTURE USE FOR PUBLIC PURPOSES (Assistant City Manager) City Manager Goss reported the parcel in question was set aside in 1982 for a fire station; however, recent studies of locations to serve the eastern areas of the City have identified sites that will more adequately serve the needs of the City in the future. The resolution is the first step in the process in accordance with Section 2.56.230 of the Municipal Code and Government Code Section 54222 to sell real property owned by the City which has been declared to have no present or future use for public purposes. MOTION MSC (Nader/Cox) to approve the Resolution but, at the same time, to make a referral to the Parks & Recreation Department to provide any appropriate input to the Council. (Councilwoman McCandliss out). 7. RESOLUTION 14032 APPROVING THE FINAL MAPS FOR CHULA VISTA TRACT 84-1, EUCALYPTUS GROVE, UNIT NO. 1 AND UNIT NO. 2 (Director of Public Works) The subject property is currently operating as Eucalyptus Grove Apartments, located on the north side of "E" Street/Bonita Road on either side of Flower Street. Unit 1 of Tract 84-1 consists of one lot containing 176 condominium units; Unit 2 also consists of one lot but contains 192 condominium units. All required improvements have been constructed and accepted by the City. Answering questions of Councilman Nader, Director of Public Works Lippitt reported project went through the tentative map process four years ago and the apartment units conform to the condominium conversion ordinance; regarding the Thresholds Ordinance, the units are already occupied and would have no effect on the traffic. Acting Director of Community Development Gustafson reported the project was built with a "stand alone" mortgage revenue bond funds. MINUTES 12 ~ March 28, 1989 COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent 16. ORDINANCE 2306 AMENDING CHAPTER 9.50 AND REPEALING CHAPTER 9.60 OF THE MUNICIPAL CODE RELATING TO RENTAL MOBILEHOME PARKS FIRST READING (Community Development Director) Council requested the Binding Arbitration Ordinance be revised to increase the owner's portion of arbitration expense to 75% from the currently established 50%and to make certain the Ordinance is in full compliance with State law. The proposed revisions: 1. Remove the burdensome petition requirements from park residents; 2. Places the burden of proof on the park owner to establish that the increase is necessary in order to receive a reasonable rate of return on the property; 3. Increases the park owner's portion of arbitration costs from 50% to 75% of the first $750; 4. Clarifies that the negotiation/arbitration process ends if the owner reduces an increase to the CPI; 5. Makes the City ordinances consistent with State law by repealing the current first right of refusal provision; and 6. Recommends against the use of public funds to support private lawsuits. Housing Coordinator Thompson reported a meeting held this day by the Mobile Home Issues Committee IMHIC) at which they reviewed staff recommendations and offered their input, with approval of Nos. 2 through 6 and disapproval of No. 1 above. Mr. Thompson also referred to minor changes not mentioned in the staff report I1) Several words were added to the section of the ordinance dealing with when a mobilehome sells that only the incoming owner could petition a rent increase above the CPI; the MHIC recommended that the outgoing owner might like to be included to better market the property and (2) deletion of the "alternate commissioners" in section 9.50.040. In answer to Councilwoman McCandliss, the proposed process was fully explained for Council (1) the park owner issues the notice within no less than 10 days and no later than 30 days, within which notice is the schedule for the negotiation. If the residents do not show up the arbitration would end; if they did want to negotiate the process would remain as in the past. MINUTES - 13 March 28, 1989 Acting Community Development Director Gustafson referred to 9.50.040, Negotiation Membership, states that a resident negotiator would be ready to step in and, if not, the negotiator shall be elected by a majority vote of the attendees. Richard Ybarra, 2605 Camino del Rio South 1#402), 92108, read from his prepared statement to report the Chula Vista Mobilehome Park Owners are in general agreement; an appropriate financial response is warranted and provisions should be developed to clearly define such needs, the ordinance revisions of August 25 have only been tested twice in most parks one percent of coaches are for sale and the majority of rental negotiations are handled without arbitration; and no position has been taken calling for price regulation on mobilehome sales. For the record, the Park Owners agree with Nos. 2 through 6 but they are opposed to No. 1, Removal of Petition Requirements, since the petition process encourages a meaningful and basic form of representation and the 50% plus guideline is a generally accepted standard. Roy Muraoka, 4478 First Avenue, owner of Palace Gardens Mobilehome Park, stated his belief that whoever receives the increase should have the right to decide whether or not they want to negotiate, stating the process could lead to a constant negotiation process for the park owners. Councilman Moore stated the brochure intended for all mobilehome owners and park owners should contain the need for an "in-house" organization with advice (pros and cons) and steps to follow to obtain a petition. He stated the burden of proof cannot be placed upon the park owner unless the process was done on a voluntary basis. COUNCILMAN MALCOLM OFFERED THE ORDINANCE, which was read by title, the reading of the text waived by unanimous consent. Councilman Malcolm stated his support explaining the proposed changes and petition requirements will solve some of the problems. He explained that in Lloyd's Park the residents had a 25% rental increase, the residents had to secure signatures and file the papers with the City (no deposit was required at that time) and the owner then dropped it. Councilman Malcolm further stated there is no other lease in this City that offers a full cost of living increase which is way above the fair market; since the park owners want this increase, they should do the work. AMENDMENT TO THE ORDINANCE MSUC (Nader/Cox) to direct staff to come back at the second reading to reconcile the discrepancy of Subdivision 8 of Section 9.50.070 with the introductory paragraph. AMENDMENT TO THE ORDINANCE MS (Nader/Malcolm) to delete Section II on page 5. MINUTES - 14 March 28, 1989 City Attorney Harron confirmed his advice is that the deletion is invalid. State law states that when and owner lists with a broker~ he must give notice; if he enters into private negotiation no notice is required. ADDITION TO THE AMENDMENT (McCandliss/Nader) to direct staff to come back with a plan of implementation for enforcement. VOTE ON THE AMENDMENT Motion passed. (Mayor Cox voted no.) AMENDMENT TO THE ORDINANCE MSC (McCandliss/Malcolm) to specify, with any increase over the CPI, the City be notified, the tenants be notified and they be prepared to go into arbitration, unless the park owner received "50% plus one" to keep it out of arbitration. (Mayor Cox voted MOTION MSUC (Malcolm/McCandliss) that once the petition is filed with the City of Chula Vista requesting a rental increase above the CPI, the tenants will have thirty days to comply with whatever monies the City requires to be on deposit for arbitration. Discussion followed that the "thirty days" compliance be stated in CAPS to eliminate any questions of this requirement, it should be included in the notice to tenants that the increase is above the CPI, and also inserted into the brochure to be distributed. Mayor Cox suggested a blank document for consistent information provided to the resident so that all park owners work with the same form. ADDITION TO THE MOTION (Nader/Malcolm) to require that copies of the notice discussed be brought back to Council with the Second Reading. VOTE ON MOTION AND ADDITION TO THE MOTION Motions passed unanimously. VOTE ON ORDINANCE AS AMENDED Motion passed unanimously. MOTION MSUC (McCandliss/Cox) to not entertain any further amendments for a six month period, at which time the issue will come back for review. MOTION MSUC (Moore/Cox) to direct staff to bring back to Council a copy of the final brochure before it is in final print. MINUTES - 15 March 28, 1989 17. ORDINANCE 2307 AMENDING TITLE 5.36 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 5.36.030 AND 5.36.070 AND ADDING SECTIONS 5.36.075 EXEMPTING "HOLISTIC HEALTH PRACTITIONERS" FROM MASSAGE PARLOR REGULATION FIRST READING (Director of Public Safety) It is recommended that Holistic Health Practitioners (HHP) be exempted from normal regulations of massage parlors by listing them in Section 5.36.070 as one of several categories of practitioners that are exempt from regulation. The revision of the ordinances would include language that requires that the qualified HHP be physically present on the establishment premises where the massage is being administered to avoid any problem. Councilwoman McCandliss stated her concern because of the lack of State license and the lack of monitoring that would follow, to which Captain Hawkins, Department of Public Safety, explained it is standard across the U.S. to complete a course of lO00 hours before certification. Ramona Moody, 1322 Fifth Avenue (#203) San Diego, 92101, representing the California Health Practitioners Association, explained the State of California does not allow massage school students to take pass/fail courses; final examinations are required with the final score to be at least 70%. Although there are three types of massage and the examinations cannot be standardized, the State has established standard requirements for anatomy and physiology, for legal and ethical issues and for health and safety. Accreditation by the Department of Education looks to the curriculum, the background of the teachers, the course requirements, type of testing, etc., all in great detail. Accreditation is reviewed frequently by State's Office of Post Private Education, takes care of complaints and answers guestions. In about five years, it is anticipated that HHP's will e State licensed. COUNCILMAN MOORE OFFERED THE ORDINANCE BE PLACED ON FIRST READING, which was read by title, the reading of the text waived by unanimous consent. Councilman Malcolm reported his objection to the ordinance because of his lack of knowledge of the profession, which decision was agreed to by Councilwoman McCandliss who also was concerned about the lack of standardized examinations taken. VOTE ON THE ORDINANCE Motion passed. (Councilmembers Malcolm and McCandliss voted no.) 19a. ORDINANCE AMENDING SECTION 5.58 OF THE MUNICIPAL CODE RELATING TO REGULATION OF TOW COMPANIES FIRST READING (Director of Public Safety) MINUTES 16 - March 28, 1989 b. RESOLUTION APPROVING THE DISTRIBUTION OF AN RFP TO SELECT TOW COMPANIES FOR POLICE REQUESTED TOWING SERVICE AND AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO EVALUATE THE PROPOSALS AND ENTER INTO AN AGREEMENT WITH THE SUCCESSFUL PROPOSERS The Police Department is recommending a two-fold revision to the existing selection process for the tow list, recommending I1) a change from the minimum qualifications stated in the current tow agreement to require higher qualification standards and (2) a Request for Proposal process to select the three most qualified tow companies and to enter into a long-term agreement with these companies for referral service. City Attorney Harron pointed out an inconsistency in that the Report states the Director of Public Safety will award the contract while the ordinance states he will evaluate it and bring back to Council. Clay Platt, 395 Montclair Street, 92011, Platt's Towing, stated why he disapproved of the amendments to Section 5.58 because it is "based on a false statement" since there is no method in place to limit the number of companies on the tow list. This limits the list to three companies all of which is not enough to serve Chula Vista property; an open list would supply the Police Department with more latitude in the interest of the City. By passage of this amendment a panel from outside of the City of Chula Vista could be given the ability to select the companies to work for the City. Mayor Cox confirmed there would be a screening committee with a recommendation by the City Manager and approval by Council. Questioned, Mr. Platt stated his problem with standards lies with the fact they have not been described, such as the type and number of trucks required. Councilman Malcolm stated his belief that the list of approved people should be put on notice of what are the standards versus a long RFP process. Councilman Moore stated he would prefer the RFP go to those companies within the City with the specific standards; Councilman Nader stated the problem lies in the restriction to three companies MOTION M (Nader) to not approve the ordinance but to direct staff to come back with specific standards which after approval will be plugged into the process. SUBSTITUTE MOTION ~S (Nader/McCandliss) rather than adopt the ordinance, to direct staff to draft new standards along the lines of those outlined in the staff report, and to come back with a proposal that would constitute an upgrading of the standards within the existing towing program. MINUTES 17 - March 28, 1989 Councilman Malcolm further clarified that the existing tow companies within the City would be required to upgrade to meet requirements or they will be dropped from the list and others added. VOTE ON THE SUBSTITUTE MOTION passed unanimously. 20. REPORT ON RECRUITMENT FOR POSITION OF CITY CLERK /City Manager) To date 65 applications have been received which will be considered by a Council Sub-committee working with the Acting Director of Personnel, the City Manager and the City Clerk. A screening process held in early April should bring the list down to 15 to 20 candidates for further consideration. An Assessment Center panel to consist of a member of another City Council, a City Manager, a City Clerk and a City Attorney or other members from outside Chula Vista would evaluate each candidate. Since the Assessment Center process would be developed and conducted in house, there would be no direct cost involved unless a facilitator is employed to assist the Council during the workshop session; the cost would be approximately $500. Councilmen Moore and Nader volunteered to be Members of the Council Sub-Committee. MOTION MSC (Cox/Moore) to accept the staff recommendation with the appointment of Councilmen Moore and Nader. ICouncilwoman McCandliss out) 25. REPORT REQUEST FOR SPEED LIMIT CHANGE ON RUTGERS AVENUE AND AN ALL-WAY STOP AT ITHACA STREET/Director of Public Works) Staff evaluated traffic conditions and performed a speed survey on Rutgers Avenue, in accordance with the California Vehicle Code, to determine whether a reduction of the speed limit from 30 mph to 25 mph was justified. It is recommended that the 30 mph speed limit on Rutgers Avenue be retained and to deny the request for an all-way stop at the intersection of Ithaca Street. Ron Treat, 877 Rutgers Avenue, 90213, reported the signage on Corral Canyon Road which is an extension of Rutgers Avenue and other areas of the City, and compared them with the speed, traffic and construction traffic on Rutgers Avenue and the lack of stop signs. He disagreed with the staff recommendation. Traffic Engineer Rosenberg explained that the speed surveys were conducted after the roadways were restriped on 'March 16, which survey indicated the percentile did reduce from 39 to 36 mph. Councilwoman McCandliss stated her belief that no reduction in speed will occur unless enforcement exists; a stop sign wil,1 have MINUTES 18 - March 28, 1989 much more impact. Councilman Malcolm stated his belief the posted sign limit has a lot to do with the traffic and that people do want to obey the law. MOTION MS (Nader/McCandliss) to direct staff to stepped-up enforcement and to report back in one month, to provide at that time the results of enforcement and the Safety Commission's recommendation and, if stepped-up enforcement is not forthcoming or has not produced results, Council would consider a stop sign. ADDITION TO THE MOTION (McCandliss/Nader) to include five speed limit readings along Rutgers, Gotham and Otay Lakes Road, the report should show where the readings were taken, as was done on Fig Avenue, and give Council some markings such as the time of the date, etc. VOTE ON MOTION AND ADDITION TO THE MOTION passed. ICouncilman Malcolm voted no.) MOTION MSUC (Moore/Cox) to direct staff to review the cost of installation of speed humps on Rutgers Avenue as per the Thousand Oaks Study. 31. CITY MANAGER'S REPORT None 32. MAYOR'S REPORT a. Relocation Mobilehome Park Task Force Staff has identified sites but there is still a need to have a Task Force to look at other potential sites within the City. MOTION MS (Cox/Moore) to accept the proposed concept of a Relocation Mobilehome Task Force and select individuals to serve on that Task Force. Discussion followed concerning the scope and expertise; Mayor Cox reported the first 7 people on the list are residents of the City; the three additional people have experience as Mobilehome Park owner, with mobilehome park sales and with financing. VOTE ON THE MOTION Motion passed. (Councilman Malcolm out) b. Trip to Sacramento on April 10-11, 1989 Mayor Cox has been invited to attend a reception by Senator Campbell and David Nielsen on April 10 at which the site for the Olympic Training Facility in Chula Vista will be discussed. On April 11, his attendance at a luncheon will offer the opportunity to deal more directly with legislators for a University of California campus in the City. MINUTES - 19 March 28, 1989 MOTION MSUC (Cox/Moore) to authorize the Mayor to travel to Sacramento on April 10 and ll, 1989. c. Funding for Olympic Training Center SB 1403 MOTION MSUC ICox/Malcolm) to refer this to the Legislative Committee for consideration and to docket on the Agenda for April 4. d. Discussion of process to select Chula Vista 2000 Task Force Steering Committee members and potential adjournment to Saturday, April 1, for possible interview of applicants; and e. Library Board vacancy MOTION MSUC ICox) to schedule for consideration next Tuesday the selection process for the Chula Vista 2000 Task Force and make a decision at that point for a full interview process and, at the same time, take the list of Library Trustees Members and ask each member to designate two who they would like to nominate for the position and make the decision on April 4. f. Some Planning Commissioners were interested in attending the League of California Cities Seminars for Planning Commissioners and Mayor Cox stated his concern that there is not adequate funds to allow their attendance. MOTION M (Cox) to schedule an item on April 4 to consider whether to cover the full cost of attendance at the Planning Commissioners' Institute in Monterey. City Manager Goss reported the Planning Commission does have funding for the League Conference which can be used in other ways. Director Krempl reported three members of the Commission wanted to attend; because of other conflicts, however, the two members who will attend do have full funding. Mayor Cox withdrew his motion. 33. COUNCIL COMMENTS COUNCILMAN MOORE: a. Staff is moving too slow finding full cost funding for mobilehome inspections; staff was to initiate a legislative bill to encourage park owner's assistance with the inspections because State has not fully funded the City and correspondence is needed to justify that. MINUTES - 20 March 28, 1989 COUNCILMAN MALCOLM: b. SB 267 IDeddah) California Conservation Corp: Urban services and restoration (Support) MOTION MSUC (Malcolm/Nader) to support Senate Bill 256 (Deddah). c. In 1982 the Budget surplus increased and, since the annexation, surplus funds have decreased percentage-wise substantially. It would be beneficial to have brought before Council the budget and the surplus of all accounts in all years since 1981 to determine the proper balance at the end of the year "as a cushion." The suggestion is that the surplus could be set as a goal for Council. d. The State Coastal Commission will be in Chula Vista on April 10 to look at some areas; no transportation is available and it was requested that the City provide a driver and a bus for the Commissioners to review the projects. It was requested to schedule this item for action at the next Council Meeting. COUNCILWOMAN McCANDLISS: e. Report was given of a meeting with people relative to the development of day care. Councilwoman McCandliss requested Council to add an eighth Sub-Committee to the Chula Vista 2000 effort, which would be dedicated to day care for design of a little better system than is present through a cooperatiw~ venture of people involved and concerned about day care. Some contact has been made with Rohr Industries, and the possibilities of "sick care" where hospitals provide beds for sick children whose parents work, as well as other areas. Local Government would provide the incentive and forum to bring people together who express the interest rather than actually stepping in and legislating. Councilwoman McCandliss requested this be scheduled on the Agenda for the authorization of the addition of the Committee at the Meeting of April 4. f. The current after school program is successful for the elementary children but services do not exist for supervised play for the junior and high school students. ~OTION MSUC IMcCandliss/Nader) to refer to Parks and Recreation this problem and see if there are ideas of working with the High School District in athletic programs in cooperation with after-school programs, the YMCA or other agencies to provide a higher level of service to the children. MINUTES - 21 March 28, 1989 ADJOURNMENT AT 10:40 p.m. to the Regular Meeting of April 4, 1989 at 4:00 p.m. At 10:40 p.m., Council reconvened as the Redevelopment Agency to meet in a Special Closed Session to discuss Chula Vista v. Merziotis. At 11:05 p.m., The Redevelopment Agency Adjourned. ~ aSZ ,I O{PUTY CITY CLERK