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HomeMy WebLinkAboutcc min 1975/01/07 MINUTES OF A REGULAR b~ETING OF THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 7, 1975 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chmnber, City IIall, Cbula Vista, California, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attom~ey Lindberg, Director of Plan~ing Peterson, Director of Public Works Cole, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of December 17, 18 and 30, 1974 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced bit. David Poret, CO~dlSSIONER member of the Youth Commission, as guest commissioner for this meeting. PRESENTATION OF 2S-YEAR Mayor Hamilton awarded Captain Virgil tt. SERVICE AWARD TO Seiveno (Police Department) with a 25-year VIRGIL H. SEIVENO service pin. OATH OF OFFICE City Clerk Fulasz administered the Oath of Office to Mr. Ray Sherer, newly-appointed member of the Environmental Control Commis- sion. ORAL COMMUNICATIONS Henry Mueller Mr. Mueller, representing the Lion's Club 6S26 Bantam Lake Circle Community Service Center, asked for a modifi- San Diego cation of the condition imposed by the Planning Commission on November 2?, 1974. He distributed papers to the Council which covered the back- ground of the Lion's Service Center, a plot plan and the conditional use permit issued for the parking lot which included landscaping adjacent to the alley. The modification they are requesting is the construction of the six-foot solid wood fence or wall parallel to the alley set back five feet, (five feet to be landscaped); the wall to be constructed along the west and north property lines. Mr. Mueller declared that the Service Center would like to put in a three-foot solid wall on the line of the alley with the landscaping inside. City Council Meeting 2 January 7, 1975 Legality questioned In responding to the question of the legality of considering this request, City~ttorne~ Lindberg stated he was not aware of this situation and would need time to research the matter and report to Council. Director of Planning Peterson explained that the actual application was approved by the Planning Commission over a year ago (3-20-72) and at the November 27, 1974 meeting, the Commission reaffirmed its stand on the condi- tions. The appeal time has been exhausted. Motion to refer to It was moved by Councilman Scott, seconded staff for report by Councilman Egdahl and unanimously ~arried that this matter be referred to the City staff for report back to the Council on both the legality of the appeal and, if found illegal, what is the procedure whereby it can be considered by the Council on a level other than an appeal - in other words, an appeal by the Council. W. A. Hammack ~r. Itammack asked why there was such an in- 1429 Eckman Avenue crease in dog fees. Chula Vista Mayor Hamilton explained that this matter was discussed thoroughly by the Council for the past few meetings and a written report will be sent to Mr. Hammack on this. PRESENTATION BY CPO ON Mr. Richard }duff, Executive Director of the REGIONAL TRANSIT CORRIDORS Comprehens~ive Planning Organization, stated that by April 1, 1975, CPO will have to forward a transportation plan to the California Department of Transportation under the requirements of AB 69. The Plan will include the freeway and highway systems, airport plan and transits (fixed and bus systems), along with a financial plan for implementation. Mr. Walter Jaconski submitted maps which depicted existing and committed freeways, proposed freeways, proposed expressway (Route 252), fixed guideway corridors and express bus corridors. Mr. Jaconski discussed the consultants' recommendations (a written report was sub- mitted to the Council). Mr. Huff noted the General Assembly meeting to be held on February 10, 1975, whereby there will be a lengthy presentation made on the Plan involving CPO Board Members and the Consultants, Subsequent to that General Assembly, CPO representatives will be coming back to the City Councils so that the Councils will have the opportunity to ask any specific questions relative to their City Council Meeting 3 January 7, 1975 RECESS A recess was called at 8:22 p.m. and the meeting reconvened at 8:37 p.m. PUBLIC HEARING - The rezoning is the result of a Council- CONSIDERATION OF REZONING initiated request in conjunction with a 2! ACRES AT 265-295 "E" similar rezoning action at 255 "E" Street due STREET FROM C-T TO C-C to the fact that Council was concerned over the variety of zoning developing in this Director of Planning Peterson reported that the staff found the existing uses in the area consistent with the desired C-C zoning and that the development of the vacant lot at 265 "E" Street under the C-C zoning would provide the owner with a wide range of com- mercial uses suitable on "E" Street. On December 11, 1974, the Planning Commission recommended approval of the rezoning. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Ralph Arnison Mr. Arnison said they were the owners of McClain Development Company the Vacant parcel and that they concur with 2208 Beverly Boulevard the recommendations of the Planning Commission. Los Angeles Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1603 - It was moved by Councilman Hobel that this AMENDING ZONING MAP OR ordinance be placed on first reading and MAPS ESTABLISHED BY that reading of the text be waived by SECTION 33.401 OF THE unanimous consent. CITY CODE REZONING THAT CERTAIN PROPERTY LOCATED The motion carried by the following vote, AT 265-29S "E" STREET to-wit: FROM C-T TO C-C - FIRST REAUING AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None PUBLIC HEARING - By Resolution No. 7571, approved on December CONSIDERATION OF RATE 17, 1975, the Council set this date for a INCREASES FOR TRASH public hearing to consider a requested rate SERVICE - CHULA VISTA increase. SANITARY SERVICE City Manager Thomson stated that the staff is still reviewing certain data relative to the rate study and asked for a continuance of this hearing to the meeting of January 14, 1975. Public hearing continued It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that thc public hearing be continued to the meeting of January 14, 1975. City Council Meeting 4 January 7, 1975 PUBLIC HEARING - Director of Planning Peterson explained that CONSIDERATION OF AMENDMENT the zoning text amendment has resulted from TO ZONING ORDINANCE a property owner's request and from staff's TO PERMIT HAY AND FEED ongoing review of the Zoning Ordinance. STORES AND PL&NT NURSERIES IN THE "A" AGRICULTURAL ZONE The staff found that subject to a conditional use permit, both hay and feed stores and plant nurseries would be compatible uses and would be in harmony with the intent and purpose of the "A" zone. In view of the fact that hay and feed stores have some characteristics of commercial uses, the staff suggested the o~d~nancl~, be amended to require a use permit for their location in the "A" zone. The Planning Commission recommended approval of the amendment. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, t~e~heafi~g was declared closed. Requirement questioned Councilman Hyde questioned the rationale for the following requirement (Subparagraph 17, Section 33.901B): "Whenever a hay and feed store is located within one hundred feet (100') of any residence not on the same lot as the store~ storage of hay and feed shall be totally enclosed with the building(s) and property ventilated." ~r. Peterson commented that there was no strong reason for setting the 100' figure - it ~ould be a greater distance if the Council so determined. Motion for modification It was moved by Councilman Hyde that prior of requirement to considering this for adoption that page 7, paragraph 17, (a) be modified to reflect the idea that the location of any hay and feed store on property adjacent to a resi- dence sh~ll be situated at a distance which will mitigate any adverse effect caused by the hay and feed store. No second to motion ~e motion died for lack of second. ORDINANCE NO. 1604 - It was moved by Councilman Scott that this AMENDING SECTIONS 33.501D ordinance be placed 6~ first reading. AND 33,901B OF THE ZONING Reading of the text was waived by unanimous ORDINANCE RELATING TO THE consent. LOCATION OF HAY AND FEED STORES AND PLANT NURSERIES The motion carried by the following vote, AS CONDITIONAL USES IN THE to-wit: "A" AGRICULTURAL ZONE - FIRST READING AYES: Councilmen Scott, Hobel, Hamilton, gdahl Noes: Councilman Hyde Absent: None City Council Meeting 5 January 7, 1975 PUBLIC HEARING - Planning Director Peterson referred to his CONSIDERATION OF CONDITIONAL written report to the Council in which he USE PERMIT AND PRECISE PLAN explained that the applicants propose to FOR PACIFIC TELEPHONE AND construct an electronic switching station on TELEGRAPH COMPANY SWITCHING the north side of Telegraph Canyon Road STATION ON NORTH SIDE OF between Otay Lakes Road and Buena Vista TELEGRAPH CANYON ROAD, Drive to serve the eastern part of Chula APPROXIMATELY 1/4 MILE Vista. WEST OF OTAY LAKES ROAD The Environmental Review Committee con- cluded that there would be no significant effects of the proposal and therefore made a Negative Declaration. The Planning Commission recommended that (1) the City Council release the subject 3.S$ acre property for development; (2) approve the conditional use permit and pre- cise plan subject to certain conditions (as outlined in their Resolution PCC-74-27). Height of building Mr. Peterson explained that Phase 1 of the proposal calls for a two-story building, one story of which will be'underground. The height of the building would be twenty feet above the pad. Phase 2 calls for an addition of a second story raising the height of the building to thirty-one feet, but because the pad is above the elevation of Telegraph Canyon Road, the height of the building above the road would be about f~rty-six feet in the first phase and fifty-seven feet for the third story. It would be his recommendation that the building be limited to twenty feet in height since it is on a scenic route and designated as open space. He asked that the Council approve the first phase only at this time and leave the second phase for consideration at some future time. Public hearing opened ~is being the time and place as adyertised, the public hearing was opened, Bill Watts Mr. Watts submitted a plat and model of the Engineering Staff proposed building, noting the areas to be Pacific Telephone and served. In 1976~ they will remove 5,200 Telegraph Company telephones from the Third Street office and 525 "B" Street plug them into this new facility. If growth San Diego continues, in 1980 there will be 10,800 telephones working out of this office; in 1987, first and second floors to the west will be added, giving the facility a capacity of 20,000 to 24,000 telephones; in 1995, the third floor would be added for the ultimate capacity, Mr. Watts stated that it was imperative for them to plan for the ul%iiate capacity now. William Lewis Mr. Lewis explained the model on display, Architect of the project noting the additions to the building, and showed slides explaining the layout and land- scaping of the area. City Council Meeting 6 January 7, 1975 Public heaping closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7576 - Offered by Councilman Egdahl, the reading APPROVING COMDITiONAL USE of the text was waived by unanimous consent, PERMIT PCC-74-27 AND PRECISE passed and adopted by the following vote, PLAN FOR PACIFIC TELEPHONE to-wit; AND TELEGRAPIt COMPANY SWITCHING STATION ON NORTH SIDE OF AYES: Councilmen Egdahl, Scott, Hobel, TELEGRAPH CANYON ROAD Hamilton, Hyde APPROXIMATELY 1/4 MILE WEST Noes: None OF OTAY LAKES ROAD Absent: None Access road Director of Public Works Cole referred to the center island shown on the road to be constructed at this site. The Council has a policy whereby a center island will not be placed on a street unless it is a four- lane divided road. This is a two-lane road and th~ Telephone Company requested the island for their own purposes. Mr. Cole added that the staff has no ob- jection to the island but it is not in accord with Council policy and the landscaping would have to be relatively minimal with lots of use of hard surface material. RECESS A recess was called at 9:14 p.m. and the meeting reconvened at 9:18 p.m. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7577 - At the meeting of December 10, 1974, the ACCEPTING BIDS FOR THE Council directed staff to re-bid the City- SALE OF CITY-OWNED PROPERTY owned vacant parcel located at the inter- AND AUTHORIZING THE section of the extension of Palomar EXECUTION OF THE PURCHASE Street and Oleander Avenue. The following CONTRACT bids were received: Charles D. Thompson $1,000.00 1481 Third Avenue, C.V. Christian Jullie $7,000.00 531W. Gage, Fullerton American }lousing Guild - $24,000.00 San Diego It was recommended that the sale to American Housing Guild be approved subject to (1) the total purchase price to be determined by multiplying the number of lots on a City Council approved tentative map times $2,000 and (2) conditions of approval on the tentative map Zo be acceptable to American Housing Guild - San Diego, City Manager Thomson recommended approval and asked that the money be returned to the General Fund. City Council Meeting 7 January 7, 1975 Motion for disbursement It was moved by Councilman Hyde, seconded of funds by Councilman Scott and unanimously carried that proceeds from the sale of this land be allocated to the Park Land Acquisition Fund. RESOLUTION NO. 7578 - For the second year, the Public Library has EXPRESSING THEIR APPRECIATION received a gift of $5,000 from this founda- FOR THE GIFT OF $5,000 tion. The resolution is a formal acknowledge- CONTRIBUTED BY THE STEPHEN ment of this gift. AND MARY BIRCH FOUNDATION TO THE CHULA VISTA PUBLIC LIBRARY Motion for memorial It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that on staff recommendation a suitable visual presentation be prepared for mounting in the present Library and then transferred to the new Library. RESOLUTION NO. 7579 - The formal agreements define specific re- APPROVING USE AGREEMENTS sponsibilities of the City and each baseball BETWEEN THE CITY OF CHULA league. Included in the agreement is the VISTA AND YOUTH BASEBALL/ assignment of practice areas and game sites SOFTBALL LEAGUES; CHULA to be used by each league during the 1975 VISTA NATIONAL, LITTLE playing season. AND SENIOR LEAGUE, CHULA VISTA MISS SOFTBALL ~3IERICA, CHULA VISTA BOBBY SOX, CHULA VISTA COLT LEAGUE, PONY NORTH, PONY SOIfFH, CHULA VISTA AMERICAN; LITTLE AND SENIOR LEAGUE, PARKVIEW; LITTLE AND SENIOR LEAGUE AND SOUTH BAY; LITTLE AND SENIOR LEAGUES RESOLUTION NO. ?S80 - In order to assist visitors at the new AMENDING SCHEDULE VI OF Chamber of Commerce building by increasing THE TRAFFIC CODE BY the parking turnoYer, it was recommended ESTABLISHING LIMITED that a one-hourparking be established at PARKING REGULATION Fourth Avenue on the east side of the street ON FOURTH AVENUE from a point 340 feet south of "E" Street to a point 430 feet south of "E" Street. RESOLUTION NO. 7S81 - The following bids were received on December ACCEPTING BIDS AND AWARDING 24~ 1974: CONTRACT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS IN ~'ro~osa~ ~ ~ropo~ ~ ~-opo~ ~ SEQUOIA STREET BETWEEN sa~ mego OLEANDER AVENUE AND OLIVE AVENUE, GAS TAX PROJECT 209 sm Diego El talon It was recommended that the contract be awarded to ABC Construction for Proposal #3, and that the Council authorize the expenditure of $15,333.00 for Gas Tax Account 28-6100-209. City Council Meeting 8 January 7, 1975 RESOLUTION NO. 7582 - The County of San Diego, County Engineer, APPROVING CHANGE IN by letter dated December 19, 1974, accepted CONTRACT FOR EAST "H" Change Order #1 for the construction of addi- STREET CONSTRUCTION BETWEEN tional masonry walls along East "H Street HILLTOP DRIVE AND 1-805 between Hilltop Drive and 1-805 Freeway, FREEWAY - GAS TAX PROJECT Gas Tax Project #126, The change order con- #126 sists of the addition of 1,200 square feet of masonry garden wall at 150 Via de Laurencio and 518 Carvalos Drive and a change in wall detail at 505 Hilltop Drive. Director of Public Works Cole recommended approval of the Change Order #1 increasing the contract cost to $357,635.61. RESOLUTION NO. 7583 - On December 11, 1974, the Planning Commission APPROVING AGREEMENT BETWEEN granted a deferral of public improvements THE CITY AND ROBERT L,. AND for the public alley at the rear of 420 PATRICIA J. MERRITT FOR Church Avenue based on the impracticMity DEFERRAL OF PUBLIC IMPROVEMENTS of constructing the alley at the present ADJACENT TO 420 CHURCH AVENUE time because of its mid-block location and grade and dzainage problems. The deferral is conditioned upon posting a performance guarantee in the amount of $2,000. RESOLUTION NO. 7584 - On October 30, 1974, Charles R. Lewsader, ACCEPTING CERTAIN REAL President of Par Construction, Inc., executed PROPERTY FOR STREET AND tho Grant Deed to the City. The final map HIGHWAY PURPOSES DESIGNATED AS was recorded on November 29, 1974 as Map ONE-FOOT CONTROL LOTS A, B No. 8044. AND C IN BONITA RIDGE ESTATES~ UNIT NO. 1 SUBDIVISION RESOLUTION NO. 7585 - The following bids were received on December ACCEPTING BIDS AND 19, 1974: AWARDING CONTRACT FOR PAVING OF TELEGRAPH Daley Corporation, $16,336.00 CANYON ROAD AT San Diego BRANDYWINE AVENUE~ CAS TAX NO. 199 R.E. Hazard Con- $17,454.90 traeting, San Diego B. E. Wilson Con- $17,873.60 tracting, C. V. ABC Construction, $18,054.14 San Diego Griffith Company, $19,163.00 San Diego W. H, Ledbetter & $19,456.12 Son, San Diego It was recommended that the contract be awarded to the low bidder, Daley Corpora- tion, and that the Council authorize the expenditure of $17,970.00 from Gas Tax Account 28-6~00-199 for the widening of Telegraph Canyon Road at Brandywine Avenue. City Council Meeting 9 January 7, 1975 RESOLUTION NO. 7586 - San Diego Gas & Electric Co~parFhas entered APPROVING AGREEMENT BETWEEN into an agreement with the City to improve THE CITY OF CHULA VISTA AND Albany Avenue between Main Street and Tremont SAN DIEGO GAS & ELECTRIC and have granted the necessary right-of-way COMPANY FOR GRADING OUTSIDE for the street improvements. This agreement THE RIGHT-OF-WAY OF ALBANY is of a temporary nature granting permission AVENUE to the City to perform grading of slopes upon its property. RESOLUTION NO. 7587 - The agreement authorizes the City to hire APPROVING AGREEMENT BETWEEN CETA participants under Title II of the THE CITY OF CHULA VISTA Act for public service employment. The AND THE COUNTY OF SAN DIEGO agreement reflects the period of the grant FOR COMPREHENSIVE EMPLOYMENT extending through December 31, 1975 and AND TRAINING ACT (CETA) TITLE designates the City Manager as being II FUNDS AND AUTHORIZING MAYOR authorized to administer the agreement on TO EXECUTE SAID AGREEMENT behalf of the City. (End of Consent Calendar) RESOLUTION NO. 7588 - In accordance with Council policy concerning APPROPRIATING FUNDS AND fence installation at Hilltop Park with ACCEPTING BID FOR individual property owners on a 50-50 basis, CONSTRUCTION OF FENCE - the Parks and Recreation Department has HILLTOP PARK received a request for fence installation by Hilltop Baptist Church. An appropriation of $788.83 is requested from the unappropri- ated reserve of the General Fund for the City's share of this project. 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, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1605 - The repealing of Ordinance No. 958 on A~NDING CHAPTER 19 OF THE December 10, 1974, eliminated truck routes CITY CODE BY REESTABLISHING from Schedule VII, Section 19.3001 of the TME CONTENT OF SCHEDULE VII Traffic Code, These routes should be RELATING TO THROUGH TRUCK reestablished by ordinance: ROUTES - FIRST READING Council comments Councilman Scott indicated that more study should be given to this matter -- there are now new traffic patterns: "tF' Street from Hilltop to I~805 and "J" Street from I~5 to Broadway, City Council Meeting 10 January 7, 1975 Ordinance placed on It was moved by Councilman Egdahl that this first reading with ordinance be placed on first reading w{th amendment the a~nendment to include East "II" Street from ~il~top to 1-805 and "J" Street from I-5 to Broadway. Discussion of motion Mr. Cole explained that a truck route is route considered as one that runs through and it does not mean that a truck is eliminated from using other streets. He asked that the Council adopt the ordinance as the City, at this time, does not have any truck routes. One amendment withdrawn Councilman Egdahl withdrew that portion of his amendments which included the route on East "H" Street from Hilltop to 1-805. Councilman Scott suggestBd the ordinance be placed on first reading and the staff given direction to study the other areas in the City. Second amendment withdrawn Councilman Egdahl withdrew the second portion of his amendment which included the route on "J" Street from I-5 to Broadway. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Motion for staff study It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff be directed to study addi- tional truck routes, maybe even taking some of them out as approved this evening, and bring the truck routes up to date in light of the changing traffic pattern. ORDINANCE NO. 1601 - The ordinance establishes a fee per hour AMENDING SECTION 28.802, for ttmse public works inspections under- SUBSECTION 8 OF CHAPTER 28 taken outside of regular working hours or OF THE CHULA VISTA CITY on Saturdays, Sundays and legal holidays CODE RELATING TO FEES during the course of construction of any CHARGED FOR PUBLIC WORKS public improvements. INSPECTIONS MADE OUTSIDE OF REGULAR WORKING The ordinance was placed on first reading HOURS - SECOND READING at the meeting of December 17, 1974. AND ADOPTION Ordinance placed on second It was moved by Councilman Egdahl that reading and adopted this ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent None City Council Meeting 11 January 7, 1976 PROPOSAL FOR TRANSFER OF City Manager Thomson explained that Mr. LEASE ON THE CHULA VISTA Dick Agee has submitted a proposal to trans- MUNICIPAL GOLF COURSE fer his interest in the Chula Vista RESTAURANT AND BAR FACILITY Municipal Golf Course restaurant and bar facility agreement with the City to Mr. Don Danielson, David Eyres, Joe Burkhart and Dr~ Gene Sieben. Resumes of the buyers along with a copy of the escrow was submitted to the Council. Dick Agee Mr. Agee explained that he is no longer 1425 Second Avenue able to carry on this business because of Chula Vista financial reasons. He has been attempting for over a year to get another lessee for the business. Council discussion A general discussion followed relative to the length of the present contract, the ~ualifications of the new buyers, and com- pliance to the financial terms of the present lease. City Manager Thomson stated that of signi- ficant importance is the lease terms for the new lease, This would be brought to the Council for action. Motion for release of It was moved by Councilman Scott and contract seconded by Councilman Hobel that the Council set the stage for releasing Mr. Agee from his obligation and having the new lessee owners: Don Danielson, David Eyres, Joe Burkhart and Gene Sieben go into negotiations with the staff on a new contract to be brought back to the City Council. Discussion of motion Councilman Hobel asked that in working this out, there be a normal transition of Mr. Agee's exit and the new owners moving in. Councilman Hyde felt the staff should be given the latitude to look into the desira- bility of considering other potential lessees. Amendment to the motion It was moved by Councilman Hyde and seconded by Councilman Egdahl that the staff be directed to make recommendations to the City Council with regard to other possible ~essees other than those solicitated by Mr. Agee~ Amendment fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, ttobel, Hamilton Absent: None Amended original motion It was moved by Councilman Scott and seconded by Councilman Hobel that the original motion be amended to state that if other options become available to the City Council, that the Council will be notified (within the time frame). City Council Meeting 12 January 7, 1975 Motion carried The original motion and amendment carried unanimously. CITY MANAGER'S REPORT C it ~e~ Advisory Committee - City Manager Thomson stated that the Local LAFCO Agency Formation Commission has approved the formation of ~Citie~ s Advisory Committee. The Council will receive noti- fication of this and will be asked to name a representative from its body, The first meeting will be held on January 20, 1975. Councilman Scott commented that someone, either from Chula Vista or Imperial Beach, should be on LAFCO (Mayor Morgan of National City has been on for the past seven years). Mr. Scott suggested a letter be sent to LAFC0 stating that when there is an opening, this should be considered~ Mayor Hamilton explained that the selection is done by the Mayor's Committee which they will be considering in April. He will keep the Council informed on this. Request for Council Conference City Manager Thomson asked that the Council set a Conference to hear a presentation by the Director of Public Works regarding various approaches to repairing and completing the sidewalk improvements thorughout the City. Item to be placed on It was moved by Councilman Hyde, seconded next Adjourned Council by Councilman Scott and unanimously carried meeting agenda that this item be placed on the agenda for the first adjourned Council meeting. RECESS A recess was called at 9:55 p,m. and the meeting reconvened at 10:09 p~m. R~POR~ ON LIMITATION In a written report to the Council, Director OF 40% ~OT COVERAGE of Planning Peterson explained that on IN R-1 ZONE November 12, 1974, the Council considered the approval of the tentative map for South Bay Villas. In conjunction with the approval, staff was asked to increase the maximum lot coverage allowed from 40% to 50% for those lots containing less than 7,000 square feet. The Council deter- mined that a more comprehensive review was needed on a City-wide basis than taking action on an individual subdivision map. It is the recommendation of the staff that the most equitable method would be to allow a certain building size based upon the lot size. Under this proposal, lots of 6,500 square feet or larger would maintain the present 40% limit; lots containing between 6,000 and 6,500 square feet would be allowed a total of 2,600 square feet on the first floor; lots between 5,500 and 6,000 square feet would be allowed Ctiy Council Meeting 13 January 7, 1975 2,500 square feet building; and lots between 5,000 and 5,500 square feet would be allowed 2,400 square feet building. Lots less than 5,000 square feet are allowed only by PUD and therefore no special controls are required. Council discussion A detailed discussion followed in which the Councilmen voiced their opinions and suggestions for this particular amendment to the Zoning Ordinance and discussed the reason for the 408 limitation, flexibility of the homeowner to construct an addition to his home, the hardship thata~homeowner must find in order to get a variance, setting a precedent for deviations from the ordinance, and the standards set by the ordinance. City Attorney's opinion b4r. Lindberg remarked t~at', from a~legJl' point of vlew, justification for establish- ing a maximum percentage of lot coverage is not necessarily the aesthetics of the situation but to preserve as more absorbent ground as possible thereby minimizing the runoff caused by construction. Item tabled It was moved by Councilman ~gdahl and seconded by Councilman Hyde that this item be tabled. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Scott, Hobel Noes: Mayor Hamilton Absent: None CONSIDERATION OF MODIFICATION Director of Planning Peterson submitted a OF PARK LAND/FEE REQUIREMENTS written report explaining that on November FOR SOUTH BAY VILLAS SUBDIVISION 12, 1974, Council approved the tentative map for South Bay Villas and directed staff to report on the desirability of reducing or waiving the park in-lieu fees. The developer is dedicating 10.6 acres of natural open space as part of an Open Space Maintenance District. He is also required to improve and turf three entry areas leading to the 10-1/2 acre canyon and to construct an eight foot wide pedes- trian path around the perimeter of the main canyon and the smaller open space in the northeast corner adjacent to Rice Canyon. Mr. Peterson explained that under the Park Land Dedication Ordinance, the developer's fee would be approximately $20,500 for the 113 units, or 0.8 acres of improved park land. The staff's position is that compliance with one ordinance should not relieve the developer from complying with another ordinance, but felt there is some rationale for adjustment whereby land provided under City Council Meeting 14 January 7, 1975 the Hillside District would be suitable for park purposes. The staff reached the conclusion that a portion of this cany~ can be used for park purposes and felt that if credit is given for the land dedication obligation, there is still no basis for relieving the developer from his responsibility to improve the park area. In the staff analysis, it was concluded that the land dedication of .08 of an acre could be determined by the Council to be satisfied by the 10.6 acres being dedicated; however, the developer should still pay the develop- ment fee ($14,700.00). J. R. Shattuck Mr. Shattuck said he received a copy of Shattuck Construction Company the staff report yesterday and concurs with some of the findings. The $10,650 for landscaping and pathway work includes approximately .08 of an acre of fully- developed park land which they will be installing and maintaining for a year. Under the requirements for the 115 units, it is exactly what they must dedicate and improve as a park site in lieu of fees. Mr. Shattuck commented that the 10.6 acres upgraded open space matches the requirements of the hillside ordinance; however, there is another 2.02a~res i~ slopes in the open space and on which they will construct eight foot improved paths as part of what they fee] is a full park improvement. Mr. Shattuck also noted the street improvements he will be making ($7,880.00) which relate to portions of public streets with lots on one side only. In summary, Mr. Shattuck stated they are willing to have a waiver of the park fees in lieu of the various factors (mentioned above). James;W. Craig Mr. Craig, Civil Engineer, maintained that 2611 Adams Avenue there are approximately eight acres on this San Diego site that would qualify as park land (com- paring this to Presidio Park). Suggestion for Conference Because of the varied considerations of this proposal, the Council concurred that more discussion should be held before ac- tion can be taken. Motion to continue for one week It was moved by Councilman Hyde and seconded by Councilman Scott that this matter be continued for one week. Substitute motion It was moved by Councilman Egdahl, seconded by Councilman Myde and unanimously carried that this matter be put on the list of the items to be taken up at the next adjourned Council meeting - (~hether that is sooner or later than next week). City Council Meeting t5 January 7, 1975 REPORT ON JAYCEES REQUEST Director of Planning Peterson reported that FOR PERMISSION TO LOCATE his staff surveyed several local service IDENTIFICATION SIGNS AT clubs in the City and they have expressed IMPORTANT ENTRANCES TO support of a cooperative panel concept to THE CITY display the service club loges. The first cooperative sign panel will be installed in the area adjacent to the Bonita Road - 1-805 interchange. When the service clubs are prepared to request municipal permits for the location of their signs, they will process them through normal zoning channels, City Manager Thomson concurred, subject to the signs not being placed on City rights- of-way. Recommendations accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the Department Head's recommendation be accepted along with the condition as stated by the City Manager. REPORT ON PURCHASE OF STATE Director of Public Works Cole reported that EXCESS PARCEL AT THE there is availability of utilities for the NORTHWEST CORNER OF EAST subject parcel and recommended that no ac- "H" STREET AND 1-805 tion be taken to provide water and electric service during the "H" Street construction. Mr. Cole added that title to the parcel will not be transferred by the State Division of Highways until after the close of the contract in July or August as they will be using the site for a batch plant during the construction period~ Report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously car~ ried that the report be accepted. REPORT ON PLANNING COMMISSION'S In a written report to the Council, Director REVIEW OF DLB CORPORATION'S of Planning Peterson explained that the PROPOSAL TO AMEND THE GENERAL Planning Commission considered the proposal DEVELOP~NT PLAN AND SCHEDULE OF THE to amend the General Development Plan and 450-ACRE PLAZA DEL REY COMPONENT Schedule of the 450-acre Plaza del Rey OF EL RANCHO DEL REY PLANNED component. COMMUNITY DISTRICT ~e Planning Commission recommended approval of an amendment by adopting the Plaza del Rey Plan for the 450~acres located on the east side of 1-805 and the northerly and southerly sides of "H" Street extended, sub- ject to conditions (listed in paragraph VII:of the staff report) and amended to limit the regional shopping center to 600,000 square feet instead of 750,000 square feet and also amending condition D-1 deleting the words "if practicable," Commissioner Pressutti cast a negative vote and submitted an explanatory memo. Commissioner Rudolph submitted a minority report. City Council Meeting 16, January 7j 1975 Director Peterson concurred with the recom- mendations with the exception of the 600,000 square foot limitation on the regional shop- ping center. He felt the shopping center should be limited to 750,000 square feet with approval of any~dditional develop- ment subject to Council review measured against the adverse impact of traffic, noise, pollution and other environmental factors caused by the 750,000 square foot commercial development previously approved. City Attorney's comments Mr. Lindberg noted the legal procedure the Council should take at this time. Motion to bring back It was moved by Councilman Scott and seconded resolution by Councilman Hyde that a resolution be brought back to the City Council that in- corporates the findings of the Planning Commission with the exception of the 750,000 square feet (regional shopping center) and that the words "if practicable" be deleted as requested by the Planning Commission (condition D~I). Council discussion Councilman tlyde discussed Commissioner Rudolph's minority report and asked that it be considered at the precise plan stage. Eugene York Mr. York stated he is the consultant to 72 Sandalwood Drive the DLB Corporation and asked permission Chula Vista to speak to some of the conditions imposed by the Planning Commission. City Attorney Lindberg said he was concerned about getting into areas that would necessi- tate reopening the public hearing and accepting additional testimony. Mr. York assured the Attorney that he was not presenting additional testimony - his comments will be limited strictly to dis- cussing the conditions. Mayor Hamilton asked the Attorney to notify him if Mr. York's comments were going "far afield," Mr. York maintained that the bull of his comments have to do with the word "shall." He asked that the words "may be required" be substituted for the word "shall" in the fol- lowing conditions: Page 4, B-2 "All streets shown on Exhibit A shall be General Conditions'Public Works dedicated to public use..." Mr. York stated that the developer would like to have the privilege, at the precise plan stage, of keeping Street "A" as a private street. Page 5, C-1 "The 100-acre commercial precinct .... shall Conditions pertaining to consist of an 80-acre regional shopping Commercial Areas center and a 20-acre open space preserve." City Council Meeting 17 January 7, 1975 Page 5, C-3 "The applicant shall either dedicate the 20± acres of open space...to the City... or shall grant...a permanent open space easement over said 20! acres." Mr. York declared that the charge by the staff is that the developer come up with something innovative to make this a park- like area and they do not know how the ultimate developer will conceive these conditions at this time. Again, they would like this resolved at the precise plan stage. Attorney Lindberg stated that, with the concurrence of the Director of Planning, the language can be changed to the extent of making it consistent within the resolution so that they will be talking about "twenty acres of open space" which could be pre- cisely defined at the time the development plan is brought in. Page 5, C-7 "Signs oriented towards 1-805 shall not be permitted." Mr. York ccom~e~ated that the staff explained that this does not preclude having a sign on the side of any building that can be seen from 1-805. The intent is to preclude gasoline-type pole signs oriented toward the freeway. At the precise plan stage, the Council has every control to deny proposed signs. Page 9 (iv) "H Street between the easterly boundary... Regional Shopping Center shall be a six-lane divided highway..." Mr. York referred to the earlier condition which stated that the 750,000 square foot shopping center must be completed to the full six-lane width. He said this was contrary to what was before the Council previously w~en the shopping center was in two phases with other residential. They would like to have the southerly half of "H" Street tied in similar to the condition imposed on Page 10, 2-d, which states: "Prior to occu- pancy of a maximum of any 600 dwelling units...or construction in the commercial area including the visitor-commercial area in excess of the 750~000 square feet." City Attorney's opinion Mr. Lindberg stated that the Planning Co,his- sion conditions must be read in light of the broader resolution that the Council initially approved. In that resolution, it was clearly indicated that UH,, Street would be a phased development. Page 5, C-5 Mr, York asked that this condition be Conditions pertaining to eliminated: "In addition to the 20* acres Commercial Areas of improved open space, a minimum of 10% of the parking area of the Regional Shopping Center shall be devoted to landscaping." ~ey feel this is clearly outside the intent of Council's original resolution. City Council Agenda 18 January 7, 1975 Page 8, 3-C "A fire station of approximately one acre in size shall be dedicated to the City... prior to the issuance of the first building permit for either commercial or residential development in Plaza del Rey." Mr. York felt this condition was a carryover from the Sports World Plan wherein the develop- ment was for a much higher density on 1,400 acres and not 450 acres, lte added that if the Council insists on this dedication, the developer would ask that at a later date, some kind of a repayment program be initiated whereby the balance of the area which will be served by the Fire Station will contribute their share. Mr. York further added that this same request will be made for the off-site street improvements and sewer. Motion carried The motion to bring back a resolution for Council action carried unanimously. REPORT ON SEWER MAIN Director of Public Works Cole remarked that CONSTRUCTION ON the developers of property on the west side HILLTOP DRIVE of Hilltop Drive south of "H" Street request either the deletion of the requirement for construction of 70 feet of sewer main in front of their property or if construction is required, participation by the City for all or a portion of said construction. It was the recommendation of the Director of Public Works, concurred by the City Manager, that construction of the sewer ~main be made in accordance with Parcel Map 12-74; that reimbursement contract be prepared by the City after construction of the sewer; that the City participate in the construction of the northerly 70 feet of the sewer main. Recommendation accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the department head recommendation be accepted. CONTINGENCIES FOR PUBLIC Director of Public Works Cole submitted a WORKS CONTRACTS written report in which he cited Council Policy 800-03 (approved by Resolution No. 6716 on January 16, 1973) relating to change orders for public works projects. He explained the need for the contingency funds and noted the list of completed contracts showing the contingencies authorized and funds returned to the unappropriated reserve. City Manager Thomson recommended the continuance of the present procedure. Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the City Managerts recommendation be accepted. City Council Meeting 19 January 7, 197S REPORT ON THIRD AVENUE Public Works Director Cole reported that a MEDIAN LANDSCAPING NORTH preliminary plan has been developed by the OF "D" STREET Landscape Planner and ?raffic Engineer for the landscaping of the Third Avenue medians north of "D" Street. The total cost of this project will be about $16,000. It was recom- mended that this be included in the proposed Capital Imprevement Program and compete with other projects for final inclusion therein. Motion to accept recommendation It was moved by Councilman Hobel and seconded by Councilman Scott that the department head's recommendation be accepted. Substitute motion It was moved by Councilman Hyde that the staff be directed to remove the landscape portion of that island and pave it over. No second to motion The motion died for lack of second. Second substitute motion It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the solution of this problem be that the landscaping be eliminated and that the divider be repaired and paved in a suitable material. This is to be included in the C.I.P. program for priority review. MAYOR'S REPORT League of California On January 16, Escondido will host the Cities Meeting League Dinner Meeting, ~ayor Hamilton asked the Councilmen to make their reservations with the City Clerk. Breakfast Meeting with Mayor Hamilton reported that he attended Supervisor Walsh the breakfast meeting with Supervisor Walsh and newly-elected Supervisor Bates. The Mayor told the Supervisors that Chula Vista is sincere in wanting a joint powers agreement for the operation of the new Library and would like to see the Court Compt~x located in this City. COUNCIL COM~NTS Housing Plan - San Diego Region Councilman Hobel announced that on Monday, January 13, 1975, a public hearing will be held at the Community Concourse on the Housing Plan for the San Diego Region. Community Development Block It was moved by Councilman Hyde, seconded Grant Program by Mayor Hamilton and unanimously carried that the Council hold an adjourned Council meeting on Thursday, January 9, 197S at 7:30 p.m. to assist the City Manager in making him aware of the Council's preferences on this. City Council Meeting 20 January 7, 1975 Sales Tax Councilman Hyde discussed sales taxes which are distributed to cities and counties on the basis of where the money is spent which makes the cities compete for these revenues~ This is counter-productive in terms of good community planning. He felt the Council should go on record as recommending t~ the State legislators and League of California Cities its support for distribution of sales tax on a different plan. Motion for resolution It was moved by Councilman Hyde, seconded and letter by Councilman Scott and unanimously carried that a suitable resolution and letter be prepared by the City Attorney ~o reflect this attitude of the City Council. Bus Ridership Councilman Hyde asked about the bus rider- ship. City Manager Thomson said he would submit a report. Bus Fares Councilman Scott discussed the increased bus fares proposed by San Diego. Motion to contact It was moved by Councilman Scott, San Diego Transit seconded by Councilman Hyde and unanimously carried that a letter be sent to the San Diego Transit and the City of San Diego stressing that this Council would like to see them hold the line on the 254 fare. Motion amended It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Transit Company be asked to provide adequate number of buses for the people riding the buses in the South Bay area - Chulavist~ in particular. Golf Course Fee for Councilman Hyde said he received a report th~ Non-Residents the City of San Diego C~ar~g~e~-non~r~si~ents a higher fee to play golf on their City courses than charged to San Diego residents. Motion for staff direction It was moved by Councilman Hyde~and seconded by Councilman Scott that the staff look into this matter, see if it is true, and advise the Council as to whether or not i~ Diego should be requested to eliminate this practice, and if they will not do so, the Council will consider doing the same thing to the San Diego residents. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None Fourth Lane on 1-5 Councilman Hyde asked if there was anything more the Council could do to get some action on obtaining another lane on 1-5 (between "E" Street and 24th Street in National City). Ctiy Council Meeting 21 January 7, 1975 Mayor Hamilton remarked that Congressman Van Deerlin called him long distance and said it would take approximately 1-1/2 years to get this resolved, Councilman Hyde felt that perhaps the City could get assistance from the California Highway Patrol citing this as a hazardous condition. Motion for staff direction It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff be directed to look into the possibility of a lawsuit on this as it is detrimental to the citizens of Chula Vista and there is a problem with the air pollu- tion. A letter should also be written to the Air Quality Control Board and to the Highway Patrol asking for their help in solving this problem. Flexible Working Hours It was moved by Councilman Egdahl~ seconded by Councilman Hobel and unanimously carried that the staff be directed to look into the advantages and disadvantages of Flex Time. This involves a beginning and closing time of the day but also sets a time on which everyone has to be on hand. Post Office Building It was moved by Councilman Egdahl, seconded by Councilman }lobe] and unanimously carried that the City Manager be asked to resubmit his report and recommendations concerning the use of the old Post Office building - the report to be revised if the City Manager feels this is in order. Bicycle Plan It was moved by Councilman Egdahl and seconded by Councilman Hyde that the City Attorney be advised to give the Council a plan of ~ttack on the bicycle licensing. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, [~de Noes: None Absent: None Abstain: Councilman Scott WRITTEN CONNUNICATIONS Verified claim for damages - Mrs. b~sgrove filed a verified claim for Mrs, Socora Musgrove damages in the amount of $118.83, claiming 1232 East Sixth Street that on December 16, 1974, a Police officer National City driving an Oldsmobile pushed her Honda vehicle, causing damage to the vehicle. Referred to City Manager It was moved by Councilman Hyde, seconded and City Attorney by Councilman Hobel and unanimously carried that the claim be referred to the City Manager and City Attorney for resolution. City Council Meeting 22 January 7, 1975 ~tioncarried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott Verified claim for damages - Ms. Martinson filed a verified claim for Diane Martinson damages in the amount of $150 to $200 1250 Fifth Avenue, Apt. 207 claiming that on October 23, 1974, her radio Chula Vista was stolen. It was subsequently returned to the Police, taken to Court and then handed in turn by the Clerk of the Court to the wrong person. Claim denied It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Request from South Bay The South Bay Pioneers requested a waiver Pioneers for waiver of of all or part of the fees required for pro- fees required for building cessing the Environmental Impact Report, new facility at 270 "C" Street Conditional Use Permit, Plan Check, Building, Plumbing, Electrical and Mechanical Permits. Requests approved It was moved by Councilman Hyde., seconded by Councilman Egdahl and unanimously carried that the requests be approved. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None Request from John McCrork, Jr. Mr. McCrork, Jr., 150 Via de Laurencio, for extension of cinderblock requested that the cinderblock safety wall safety wall to be constructed along the "H" Street extension be extended to include those properties presently in the County. City Manager Thomson noted that the Resolution approved this evening for the change in the contract for East "H" Street between Hilltop Drive and 1-805 Freeway provides for this. Motion to file It was moved by Councilman Hyde, seconded by Mayar Hamilton and unanimously carried that the matter be filed with the under- standing that the matter has been r~solved. Request from D. L. Larson for Cdr. Larson asked that the tennis courts at review of maintenance schedule the College be washed and cleaned at some for tennis courts at Southwestern time very early in the morning or late at College night rather than at 9:00 a.m. on Sunday mornings when there is a demand by the public to use them. City Council Meeting 23 January 7~ 1975 Referred to City Manager It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the request be referred to the City Manager for resolution. Request for reappointment Mr. Tom Money requested reappointment to to Parking Place Commission the Parking Place Commission. His appointment expires on January 30, 1975. Letter noted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the letter be noted in the Council's consideration for appointment to this Com- mission. Request from Chamber of The Streets and Highways Committee of the Commerce for Council Chamber has recommended that the ordinance assistance in ~nforcin~ regulating truck routes in the City be the truck traffic ~nforced. They further asked that citations ordinance regulations be issued, signs be erected designating the truck routes and that the school districts be advised to remind their bus drivers of these truck routes. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the recommendation be referred to the City Manager for such action as he deems appropriate. Request from Chamber of The Chamber requested that this ordinance, Commerce for extension scheduled for Council consideration on on action on the January 14, 1975, be continued for two Truth-in-Housing weeks to give them more time to study Ordinance it and make recommendations. Continued ~M*r ~wo weeks It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the matter be continued to the meeting of January 28, 1975. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:13 a.m. to the meeting scheduled for Thursday, January 9, 1975, at 7:30 p.m.