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HomeMy WebLinkAboutcc min 1973/05/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 8, 1973 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Environmental Review Coordinator Reid, Director of Parks and Recreation Hall, Purchasing Agent Espinosa The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of April 26 and May 1, 1973, be approved, copies having been sent to each Councilman. PRESENTATION OF SERVICE AWARD Mayor Hamilton presented Mr. Grady with a pin PIN TO EUGENE J. GRADY, commemorating 20 years' service with the City. DIRECTOR OF BUILDING AND HOUSING PROCLPdqATION - "OPERATION Bonita Vista High School is hosting nineteen AMIGOS DAYS" IN THE students from Oaxaca, Mexico, in the "Opera- CITY OF CHULA VISTA tion Amigo" program. The students were in- troduced to the Council; Mayor Hamilton welcomed each one and presented them with a Certificate of Recognition. The Mayor also presented Mr. Gregory Cox, Chairman of the program, with a proclamation proclaiming the days of May 1 through May 15, 1973, as "Operation Amigos Days." PUBLIC HEARING - CONSIDERATION Albert J. Lechman, M.D., President, Board of OF WAIVER OF THE REQUIREMENTS Directors, Community Hospital, requested that TO UNDERGROUND UTILITIES ON the requirement to underground the extension TELEGRAPH CANYON ROAD - of overhead facilities on Telegraph Canyon COF~qUNITY HOSPITAL OF Road be waived and that they be permitted to CHULA VISTA run the electrical service overhead to Brandy- wine Avenue where all utilities will be under- grounded. On June 19, 1972, the Planning Commission approved the new hospital site subject to certain conditions, one being that all utilities be undergrounded. In a report to the Council, Director of Public Works Cole recommended that the waiver be granted subject to the condition that the Community Hospital enter into an agreement with the City whereby the hospital agrees not to oppose the formation of an assessment dis- tract to underground overhead facilities. Public hearing opened This being the time and place as advertised, the public hearing was declared opened. James Bird, Architect Mr. Bird stated he was the architect of the Community Hospital of project, and said they were under the assump- Chula Vista tion that they would start the undergrounding from Telegraph Canyon Road, as a result of the Planning Commission action. To comply with this requirement would entail a great deal of expense, and would be a hardship on the hospital. Otis Pemberton Mr. Pemberton discussed the cost figures in- San Diego Gas & Electric volved. The estimate is for 1,000 feet of line which would cost $23,000 net; the hos- pital would pay 75% or $17,250 of that charge. If a line was to be built overhead, the cost of converting that line in the future (at today's prices) would be $28,000 net. Rationale discussed Councilman Scott questioned the Planning Commission rationale for this requirement. Mr. Peterson, Director of Planning, stated he was not aware of the reason as the action was taken prior to his taking office. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this item be continued for one week in order to get a report back from the Planning Com- mission as to the rationale for requiring the undergrounding of the 800 feet (plus or minus) along Telegraph Canyon Road. Discussion Councilman Hobel indicated he would like to know how the staff arrived at the 750 foot figure - after turning the corner on Brandy- wine. Is the sole criteria the fact that there is a telephone pole there? PUBLIC HEARING - CONSIDERATION Planning Director Peterson reported that on OF AMENDMENT TO ZONING March 20, 1973, the City Council adopted an ORDINANCE TO INCLUDE emergency ordinance which removed ambulance AMBULANCE SERVICE IN service as a conditional use in the C-T zone UNCLASSIFIED USE SECTION and included this use within the Unclassified Use Section. On April 16, 1973, the Planning Commission approved a resolution recommending this adoption to the Zoning Ordinance. 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, the hearing was declared closed. ORDINANCE NO. 1464 - It was moved by Councilman Scott that this AMENDING SECTIONS 33.$11 ordinance be placed on its first reading and AND 33.535 OF THE ZONING that reading of the text be waived by unani- ORDINANCE, CHAPTER 33, OF mous consent. THE CHULA VISTA CITY CODE The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Recess A recess was called at ?:SO p.m. and the meeting reconvened at 8:10 p.m. - 2 - Note: The following agenda item was recorded by Court Reporter Celeste Gammon. A copy of the transcript will be on file in the City Clerk's Office. CONSIDERATION OF APPEAL OF An appeal of the Planning Commission decision THE PLANNING CO~ISSION of March 12, 1973, adopting the Environmental DECISION ADOPTING THE Impact Report of Sports World was filed on ENVIRONMENTAL IMPACT REPORT Tuesday, April 10, 1973, by "Concerned OF SPORTS WORLD Citizens of Chula Vista." At the meeting of April 24, 1973, the City Council set the date of May 8, 1973, as the time to hear the attorney for this organiza- tion present arguments relative to the state- ment of errors. Michael D. Witte, Attorney Mr. Witte stated he is representing the 3232 Fourth Avenue "Concerned Citizens of Chula Vista." In an- San Diego, California 92103 swer to Councilman Hobel's question, Mr. Witte explained that the group comprises 275 to 300 individuals, and that many of them do not wish to have their names made known for a number of reasons. The Executive Committee, or Steering Committee's names will be sub- mitted to the City Clerk. Mr. Witte stated he has looked at the Envi- ronmental Impact Report and the proceedings leading up to the report, and it has occurred to him that there are certain errors - tech- nical in nature. On behalf of his clients, he will raise every point they feel will pre- clude this project from becoming a reality. Planning Con~nission meeting Mr. Witte read excerpts from the Planning Commission meeting of March 12, 1973, in par- ticular, the statements made by Commissioner Dorothy Rudolph about her concern with the Report. Environmental Review Mr. Witte referred to the Review Procedure, Procedure discussing this in detail. He stated that the quantity of consideration given his clients and to all groups was gen- erous; however, the qualitative analysis is what is being questioned: 1. There was no public input in the Report before the Planning Commission at the time they adopted it, nor was the input in the Report submitted to the Council. 2. The Report did not comply with the pro- cedural requirements as set forth in the Review procedure. 3. There was a lack of time for the public to review the Environmental Impact Report. Moratorium In answer to the Council's query, Mr. Witte explained his statement concerning morator- iums as it related to the California Envi- ronmental Quality Act. City Attorney Don Lindberg Mr. Lindberg related the history of the Impact Report which he stated began before January when the applicant submitted his assessment to the Environmental Review Committee. The staff worked with the applicant for months and submitted a draft, which draft was made available to the public, along with all sub- sequent modifications. It is the opinion and judgment of his office that the Report that was ultimately presented to the City Council contained all of the ele- ments legally required for the Council to make a sound judgment on the evaluation of that project. Citizens input At all times, full notice of the multitude of public hearings was given to the public, and full right of appeal was prevalent. The citizens' input was contained in the Report forwarded to the Council. At no time was the Council unaware of the diversity of opinion that existed as to the aspects of the Environmental Impact. Modification of Sports Mr. Lindberg commented on the suggested mod- World project ification of the Sports World project, from that as originally presented, which was for a far greater project of magnitude and den- sity; therefore, it was his opinion that the Impact Report would satisfy even the modifi- cation of the applicant's request for amend- ment to the P-C zoning. Discussion Council discussion ensued. In answer to Council's inquiry, Environmental Review Coordinator Reid explained that all statements made by the public were on file in his office, and a statement to that effect was included in the Report itself. 1-805 and H Street Councilman Scott commented on the fact that no interchange mention was made in the Report of the inter- change of Interstate 805 and H Street. This matter came up subsequent to the Planning Commission meeting. City Attorney Lindberg remarked that it was his understanding that the whole question of the interchange situation was a mitigating circumstance in terms of alleviating certain traffic problems mentioned in the Impact Re- port. He would question whether it affects the thoroughness and adequacy of the Report. Recess A recess was called at 9:35 ~.m. and the meet- ing reconvened at 9:54 p.m. Motion to contunue matter It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the tapes be transcribed and made available, and that this decision be postponed for two weeks. Mayor Hamilton explained that he wished to read the testimony given by the attorney (Mr. Witt¢) and analyze it prior to making a decision in the matter. RESOLUTION NO. 6849 - Hubbard Construction Company has submitted a GRANTING EXTENSION OF TIME letter requesting an extension of time for ON "J" STREET STORM DRAIN the construction of a storm drain and sewer AND SEWER PROJECT facilities on J Street from East Park Lane to Church Avenue. Director of Public Works Cole reco~ended that the extension be granted changing the con- tract completion date to May 11, 1973. - 4 - Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6850 - W.H. Ledbetter and Sons, contractor for the GRANTING ADDITIONAL widening project on Hilltop Drive from EXTENSION OF TIME FOR Palomar Street south and on Palomar Street HILLTOP DRIVE-PALOMAR from Hilltop Drive to Third Avenue is request- STREET WIDENING - ins an additional extension of time on the GAS TAX PROJECT # 147 contract, due to inclement weather. Director of Public Works Cole recommended approval of the extension changing the con- tract completion date to May 11, 1973. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6851 - Four vendors have responded to a notice in- ACCEPTING BIDS AND AWARDING viting bids for the purchase of one tractor CONTRACT FOR ONE TRACTOR loader for the Parks Department. LOADER Purchasing Agent Espinosa recommended that the contract be awarded to Jack's Tractor and Equipment, iow bidder, in the amount of $6,825 (including sales tax). Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None STATUS REPORT ON FINANCIAL In a report to the Council, City Manager SUPPORT FOR THE "MEALS ON Thomson explained that the "Meals on Wheels" WHEELS" PROGRAM program was a non-profit, volunteer, commu- nity service which will be managed by Senior Adult Services, Incorporated, of San Diego. It will provide nutrition, counseling and home nursing services to selected iii, dis- abled or aged persons in Chula Vista. Mr. Thomson recommended that the City indicate positive interest in the service but withhold funding until further organizational and finan- cial information is made available. Report accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted which indicates Coun- cil's interest in this matter; however, final decision is withheld pending submission of more information on the financial condition of the organization. - 5 - REPORT ON BOARD OF Director of Planning Peterson reported that SUPERVISORS ACTION ON on May 1, 1973, the County Board of Super- REQUESTED BUILDING AND visors considered this City's request for a REZONING MORATORIUM - moratorium on building permits and rezonings CASTLE PARK AREA to multiple family for the Castle Park area. The Board's action was not to establish a moratorium, and to direct the County Planning Department to contact the cities and citizen groups in the County to come back with a pro- posal on the necessary staffing and a priority for a subregional plan for the Castle Park area. Report accepted It was moved b7 Councilman Scott, seconded by Gouncilman Hyde and unanimously carried that the report be accepted and the moratorium in the Castle Park area be lifted; an ordinance is to be brought back to this effect at the next meeting. Motion to contact San Diego It was moved by Councilman Hyde, seconded by for coordinated planning Councilman Scott and unanimously carried that the staff be directed to make overtures to the Planning Departments of the City of San Diego and the County of San Diego and attempt to arrange some coordinated planning for that area which this City is concerned about. This report is due back in 90 days. LAFCO study Mayor Hamilton reported that the Board of Directors of LAFCO turned down the budget re- quest made by Mr. Schmidt for additional ~taff to make an in-house study of the sphere of influence. REPORT ON PUD ORDINANCE Director of Planning Peterson discussed the AND POLICY Planned Unit Development Ordinance and Policy which the Council referred back to the staff at the meeting of March 27, 1973. Mr. Peterson explained that the 25% bonus pro- vision has now been made a discretionary one with the City Council and the Policy describes the amount of the bonus and the methods by which an applicant may achieve it. Referred to Planning It was moved by Councilman Hobel, seconded by Commission Councilman Scott and unanimously carried that the report be accepted: that the Planned Unit Development Policy and Ordinance be re- ferred to the Planning Commission for report and recommendation. Density Incentive Standards Councilman Hyde referred to the density in- centive table stating that the percentage of increase reflected in the changes of densities from present base densities to the maximum density allowed under the PUD Modifying Dis- trict would range between 30% and 37-1/2% increase. He indicated he would make a motion that particular attention be directed to these density figures. Councilman Scott remarked that this should be a separate motion. To include in motion As maker of the motion, Councilman Hobel stated he would recognize Councilman Hyde's comments regarding the density factor. - 6 - Not agreed by second Councilman Scott stated he would not go along with the second to this motion. He felt the Planning Commission should look at the den- sities first, and make appropriate comments~ Request rephrased Councilman Hyde rephrased his comment stating he would make a special request that the Planning Commission pay particular attention to the density incentive provided for on page 6 of the report. Motion carried Councilman Hobel agreed to include this in the motion; Councilman Scott agreed to the second, and the motion carried unanimously. REPORT ON TRAFFIC Mr. Peter Watry, 81 Second Avenue, asked for CIRCULATION - SECOND AVENUE permission to speak after the staff's presen- tation. Director of Public Works Cole submitted a re- port to the Council in which he discussed the traffic studies made for this area by both the State of California and the County of San Diego. Neither of the studies involved an actual survey of the drivers traveling Edge- mere Avenue as to their point of origin or their intended destination. Mr. Cole, there- fore, recommended that the City (1) hire a consultant traffic engineer to conduct an origin and destination traffic study on Edgemere Avenue and to evaluate other avail- able information for the purpose of deter- mining the number of traveled lanes to be provided on Edgemere Avenue/Second Avenue between 30th Street and E Street; (2) that the City enter into an agreement with Voorhees and Associates to perform said study; (3) that the Council authorize the expenditure of $6,500 from the Gas Tax Account No. 6200 for the purpose of this study. Report filed It was moved by Councilman Hobel and seconded by Councilman Scott that the report be filed. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Scott, Hyde, Egdahl Noes: Mayor Hamilton Absent: None Motion for two-lane bridge It was moved by Councilman Hyde that the staff be directed to negotiate with the County to determine that the width of the bridge for Edgemere be two lanes. No second to motion The motion died for lack of second. Peter Watry Mr. Watry stated that the State is holding up 81 Second Avenue the design of the bridge pending the decision of this Council az to whether it should be two or four lanes. Mr. Cole explained that the State will wait until July, then if no decision is made by Council, the County will proceed with the four-lane bridge. Report accepted It was moved by Councilman Egdahl and seconded by Councilman Hyde that the staff be directed to inform the State Division of Highways that - 7 - it has determined to keep Second Avenue as a two-lane street and, therefore, sees no wis- dom in building a four-lane bridge on Edgemere. Discussion Mayor Hamilton and Councilman Scott commented on their reasons for wanting to leave the op- tion open to have four lanes on Edgemere bridge. Motion carried The motion carried by the following vote, to-wit AYES: Councilman Egdahl, Hyde, Hobel Noes: Councilmen Scott, Hamilton Absent None WRITTEN COMMUNICATIONS Request from Chula Vista The members of the Downtown Association re- Downtown Association for quested that the City plant about six to nine, planting of geraniums in six-foot circles of geraniums in the grass strip divider on Third center strip divider of Third Avenue between Avenue F Street and Madrona. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to staff to get a report on the cost of installing and maintain- ing the plantings. Verified claim for damages - Mr. Lejuwaan has filed a claim in the amount John Lejuwaan of $90,000 for "taking and damaging of his 14321 Fernbrook Drive real property" for public use and designating Tustin, California it as "parks and public open space" on the General Plan-1990. Mr. Lejuwaan claimed that as a result of this act, he has been deprived of access to his property which is located generally at the intersection of Palomar and Oleander Avenue extension adjacent to Greg Rogers Park. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied. Request from Attorney Mr. Kingston stated he is representing Kenneth John B. Kingston regarding Kaesser and Harvey Susman, owners of the Card Room Ordinance "Winner's Circle", 435 Broadway, Chula Vista, and requested that he be placed on the Council agenda of May 22, 1973, to make a presentation regarding the phasing out of existing card room licenses within a seven year period from the effective date of the Ordinance. Request granted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the request be granted. ORAL COMMUNICATIONS Mrs. Kathryn Moore Mrs. Moore discussed the Montgomery Civic 1134 Tobias Drive Council's request to LAFCO for the formation of a Montgomery Park District. She said she wrote a letter to LAFCO stating reasons why the District should not be formed, and dis- cussed the matter with the Director, Mr. Skip Schmidt. - 8 - Mr. Schmidt's recommendation to LAFCO was that this area annex to Chula Vista. Mrs. Moore then discussed the deterioration of the areas along Interstate 5 and Main Street constructed with a number of junk yards. She claimed this was a result of the fragmen- tation of government in the South Bay. BUDGET DELIBERATIONS Mayor Hamilton declared that because of the dinner meeting scheduled by the League of California Cities for May 17, 1973, the Council's budget deliberations will begin on Friday, May 18, 1973, at 7:00 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:45 p.m. to the meeting scheduled for 3:00 p.m., Wednesday, May 9, 1973, in the Council Conference Room. - 9 -