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HomeMy WebLinkAboutcc min 1971/01/12 (2) MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 12, 1971 A regular meeting of the City Council of the City of Chula Vista was held in the Council Chamber on the above date at 7:00 P.M., with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: Acting Chief Administrative Officer Thomson, City Attorney Lindberg, Director of Public Works Cole, Senior Planner Williams, Director of Parks and Recreation Jasinek, Associate Planner Lee The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINIrl]~S It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of January 5, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Richard Welsh, Chairman of the Board of Appeals. PUBLIC HEARING - CONSIDERATION Senior Planner Williams presented a plat of OF PREZONING OF 23.3 ACRES BETWEEN the area noting the property in question as SEQUOIA AND TIMBER STREETS FROM 23.3 acres located between the prolongation P-C TO R-l-5 - SEARS/EL CAJON of Sequoia Street and Timber Street, and DEVELOPMENT COMPANY extending 855 feet east from the present City boundary. The applicants are proposing a total of 200 dwelling units, and this density will be controlled by a Planned Unit Development. The Planning Cormnission recom- mends approval of the prezonlng to become effective upon approval of a final subdivi- sion map affecting the Planned Unit Develop- ment for Phase I of Brandywine development. Public hearing opened This being the time and place as advertised, the public hearing was opened. Speaking against request Speaking against the proposed prezoning were K. J. Pedersen~ 1546 Olive Avenue~ and Fred Catrine, 1548 Olive Avenue. They protested the use of Sequoia Street to be used during the construction of this development, and requested that Council stipulate that an off- site road extending from Maln Street be im- proved for this purpose. City Attorney's opinion City Attorney Don Lindberg explained that this was not legal grounds on which to oppose a rezoning request. Brandywine Street is required as one of the off-site improvements of this development to provide additional access~ the need of which will be created when the development is completed. In this case, however, they are dealing with dedi- cated, public streets. The Council cannot require that~ prior to commencement of con- struction, that this access route bc devel- oped. PUD plans discussion The Council discussed the fact that Planned Unit Development plans are now approved by the Planning Commission, and the Council does not get a chance to review them. Public hearing closed There being no further comments, either for or against~ the hearing was declared closed. ORDINANCE NO. 1319 - PREZONING It was moved by Councilman Scott that this 23.3 ACRES BETWEEN SEQUOIA AND ordinance be placed on its first reading TIMBER STREETS TO R-l-5 - and that reading of the text be waived by FIRST READING unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Motion for Council review of It was moved by Councilman Scott, seconded PUD plans by Councilman Hobel and unanimously carried that the Planned Unit Development for this last ordinance be brought back to Council for review. Change to Zoning Ordinance It was moved by Councilman Scott, seconded proposed by Councilman Egdahl, and unanimously carried that the staff be directed to look into the possibility of changing the ordinance so that Planned Unit Development plans will be re- viewed and approved by the Council. PUD plans before Council Mr. Ken Lee, Associate Planner, stated he would contact the developers of this devel- opment and have these plans presented to the Council at the next meeting. Notify protestants I~ayor Hamilton asked the City Clerk to notify Mr. Pederson and Mr. Catrine of this meeting date. RESOLUTION NO. 5898 - INTENT The area in question is bounded by '~" Street TO ESTABLISH TRAFFIC AND PARKING on the south, Davidson Street on the north, REGULATIONS ON ALL CITY PARKING Garrett Avenue on the east and Fifth Avenue LOTS IN CIVIC CENTER AREA on the west. The date of this heazing will be January 26, 1971. 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 RESOLUTION NO. 5899 - APPROVING Senior Planner Williams submitted the tenta- TENTATIVE MAP OF APOLLO SUBDI- tire map of Apollo Subdivision, Unit No. 2, VISION~ UNIT NO. 2 located at Melrose Avenue, south of East Rienstra Street. The map covers 12.5 acres to be developed with 164 units under a Planned Unit Development plan in an R-3-G-P zone. The Planning Go~nission recommends approval subject to five conditions. Resolution offered 0ffercd by Councilman Hyde, the reading of the text was waived by unanimous cons~t, passed and adopted by the following vote, to-wit: -2- AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None P. ESOLUTIONS - COMMENDING The Course in City Government was held on CITIZENS FOR COMPLETING COURSE November 11 through December 16, 1970. The IN CITY GOVERNMENT following six persons attended every session and resolutions are prepared commending them for their civic interest: Resolution No. 5900 Mrs. David Epstein, 378 Hilltop Drive " 5901 Clara Thornbury, 442 Elm Avenue " 5902 Robert Branshaw, 440 Flower Street " 5903 Betty Branshaw, 440 Flower Street " 5904 Louis Rudolph, 299 Sea Vale Street " 5905 Mark Epstein, 378 Hilltop Drive Resolutions offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 5906 - GRANTING Director of Public Works Cole ~ubmitted a SEWER SERVICE CHARGE VARIANCE - written report to the Council giving all the SEARS, ROEBUCK AND COMI~ANY basis and quantitative data relative to this matter. 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. 5907 - RESCINDING Councilman Scott stated he would abstain in SEWER SERVICE CHARGE VARIANCE this matter, since this was his employer. GRANTED TO GOLDEN ARROW DAIRY The Director of Public Works submitted a written report to the Council delineating the costs associated with this requested action, and indicating that during recent years, this user has connected to public sewer and substantially reduced the area of irrigation at this location. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent~ passed and adopted by the following vote, to-wit: AYES! Councilmen Egdahl, Hobel, Hamilton, Hyde Abstain: Councilman Scott Noes: None Absent: None RESOLUTION NO. 5908 - ESTAB- This resolution establishes a nine-month LISHING MORATORIUM ON BUILDING moratorium on construction on that property ON TIDELANDS generally west of Interstate 5 and north of "G" Street. No building permits shall be issued during the period of this moratorium for any eonstruetion purposes without prior approval of the City Council. -3- Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott ~ Hobel~ Hamilton, Hyde Nee s: None Absent: None RESOLUTION NO. 5909 - APPROVING Jafro, Inc., is requesting that the final IMPROVEMENT AGREEMENT -HOLIDAY map of Holiday Estates Subdivision, Unit No. ESTATES SUBDIVISION, UNIT NO. 6 6, be approved by the City Council subject to the submission of the required bonds within 60 days after approval of the final map by the City Council. 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 RESOLUTION NO. 5910 - APPROVING The final map of Holiday Estates Subdivision, FINAL MAP - HOLIDAY ESTATES Unit No. 6, has been checked by the Engineer- SUBDIVISION, UNIT NO. 6 lng Division and found to be in conformance to the tentative map. It is recommended that Council approve the final map and accept ded- ication of the following streets: Connoley Circle and Connoley Avenue, subject to com- pliance with the City Code, and that the developer furnish the necessary easements, offers to dedicate, deeds, slope rights and other instruments. Resolution offered Offered by Councilman Seott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Ryde~ Egdahl Noes: None Absent: None RESOLUTION NO. 5911 - APPROVING Allied Contractors~ Inc., has submitted a IMPROVEMENT AGREEMENT - SOUTH- bond for Faithful Performance and a survey WESTERN COLLEGE ESTATES SUBDIVI- monument installation bond to insure instal- SION, UNIT NO. 5 lation of the improvement~ and of survey monuments in this subdivision. Fees for the subdivision have also been deposited. 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: Gouncilmen Scott, Hobel, Hamilton, Hyde~ Egdahl Noes: None Absent: None RESOLUTION NO. 5912 - APPROVING The final map of Southwestern College Estates FINAL MAP - SOUTHWESTERN COLLEGE Subdivision, Unit No. 5, has been checked by ESTATES SUBDIVISION, UNIT NO. 5 the Engineering Division and found to be in conformity with the tentative map. It ia recormnended that the City Council approve -4- the final map and accept the dedication of the followin~streets: Ithaca Street, Eton Court, Loyol~ Court, Gotham Street and a portion of Acacia Avenue. Petition of protest noted The City Clerk stated that she received a petition signed by 96 persons representing 54 property owners on Acacia Avenue, Bonita, requesting that the street name of Acacia be deleted from Southwestern College Estates, Unit No. 5, and replaced with another name. They state that naming this street Acacia would set a precedent that could result in a four-lane road running through a settled community. Two letters of protest were also received. Council discussion The Council discussed this petition and questioned the alignment and width of the proposed road. Comments by Director of Mr. Lane Cole, Director of Public Works, Public Works remarked that, at Council direction, they could look into the possibility of another alignment, most probably to the east since one closer to the west will go right into Otay Lakes Road. This proposed street was a coordination between the City and County in carrying out the total road network. 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, Egdah 1 Noes: None Absent: None Motion to investigate It was moved by Councilman Hyde, seconded alignment of street by Councilman Scott, and unanimously carried that the staff be directed to re-examine the matter of the alignment of Acacia Avenue from Bonita Road to Otay Lakes Road, and make ~aeommendations to the Council in regard to the final alignment, and the possibility of renaming the street in this subdivision. RESOLUTION NO. 5913 - ACCEPTING These deeds have been obtained for right-of- NINE QUIT CLAIM DEEDS FOR THE way necessary for the construction of 1911 ARIZONA STREET 1911 ASSESSMENT Act improvements on Arizona Street. DISTRICT Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the followin8 vote, to-wit: AYES: Gouncilmen Egdahl, Scott, Hobel, Hamilton~ Hyde Noes: None Absent; Noae RESOLUTIONS NO. 5914 and NO. 5915 The proposed eondemnation action is necessary - AUTHORIZING THE CITY ATTOkNEY in order to obtain the necessary right-of- TO INSTITUTE CONDEMNATION ACTION way for this project from two separate prop- - ARIZONA STREET 1911 ASSESSMENT erties. DISTRICT -5- Resolutions offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 5916 - AMENDING A trial regulation was set up at the inter- SCHEDUI~ XIII OF THE TRAFFIC section of Brightwood Avenue and Kearney CODE TO INCLUDE YIELD RIGI{T-OF-WAY Street, requiring the traffic to yield on SIGNS ON BRIGH~OOD AVENUE Brightwood Avenue. This resolution provides that this traffic control regulation be made permanent. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION SUPPORTING CITY OF This resolution supports a request from the SAN LEANDRO URGING STATE LEGIS- City of San Leandro for support in their LATURE TO ENACT MANDATORY AUTO- endeavor to increase highway safety through MOBILE SAFETY FIARE LEGISLATION the enactment of mandatory automobile safety flare legislation. Referred to Safety Commission It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that this matter be referred to the Safety Con~nission for report. REQUEST FOR AUTHORIZATION TO Director of Public Works Cole referred to CALL FOR BIDS FORT HE CONSTRUC- the report he submitted delineating the plans TION OF T]/~BER UTILITY BRIDGES and specifications for three Golf Course AT THE CHULA VISTA MUNICIPAL bridges which will provide access across the GOLF COURSE Sweetwater River adjacent to the No. 9, 10 and 11 fairways during periods of storm run- off. Motion to call for bids It was moved by Councilman Scott, seconded by Councilman Hobel, and unanimously carried that authorization be given to call for bids for construction of timber utility bridges with the alternates, as proposed in thc report mailed to the Council. ORDINANCE NO. 1317 - FREZONING It was moved by Councilman Egdahl that this TO A-AGRICULTURAL 166.5 ACRES ordinance be placed on its second reading LOCATED NORTH OF OTAY VALLEY ROAD and that reading of the text be waived by AND EAST OF INTERSTATE 805 - SECOND unanimous consent. The ordinance was passed READING AND ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent; None ORDINANCE NO. 1318 - REZONING It was moved by Councilman Egdahl that this TO R-3 PROPERTY AT 174 "E" STREET ordinance be placed on its ~eeond reading - SECOND READING AND ADOPTION and that r~ading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: -6- AYES: Councilmen Egdahl, Scott, Hobel, Noes: None Hamilton, Hyde Absent: None REQUEST FOR AUTHORIZATION TO Acting Chief Administrative Officer Thomson CONTINUE WITH COLLEGE INTERN referred to the report submitted to the City PROGRAM Council in which he requested a continuation of the intern program by utilizing a maximum of three interns for the coming spring semes- ter. This would be for a 15-week program with each intern working two eight-hour days per week. Funds for this program are avail- able in the Administrative budget. Chairman Welsh co,~nents Chairman of the Board of Appeals Welsh com- mented that he has some of these interns in his classes that are now working for the City, and they are benefiting very much from this program. Authorization given It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that authorization be given for continuation of the intern program, and funds be taken from the Administrative Salary Account. Unanimous Consent Item: RESOLUTION NO. 5917 - REQUEST Offered by Councilman Scott, the reading of THAT THE BOARD OF SUPERVISORS the text was waived by unanimous consent, OF THE COUNTY OF SAN DIEGO passed and adopted by the following vote, ACTING AS THE BOARD OF DIRECTORS to-wit: OF THE AIR POLLUTION CONTROL AYES: Councilmen Scott, Hobel, Hamilton, DISTRICT OF THE COUNTY OF SAN Hyde~ Egdahl DIEGO ENACT MORE STRINGENT Hoes: None REGULATIONS TO PREVENT THE USE OF Absent: None HIGH SULPHUR CONTENT FUELS IN THE PRODUCTION OF ELECTRICAL ENERGY BY THE SAN DIEGO GAS AND ELECTRIC COMPANY REPORT ON PUBLIG UTILITIES City Attorney Lindberg reported on the meet- CO~94ISSION MEETING ing he attended Monday, January 11, 1971, on behalf of the City, before the Public Utili- ties Commission. This was in regard to the franchise fee requested by San Diego Gas and Electric Company. The City's stand in this issue was that Chula Vista did not care to have any portion of the cost of the franchise fee passed on to the rate payers of the City of Chula Vista. The City of San Diego requested that the matter be cOntinued until March 1, 1971, ~o that they may have an opportunity to review rate schedules. REQUEST TO ATTEND MEETING IN City Attorney Lindberg stated that there is SAN FRANCISCO a meeting scheduled for next Monday~ January 18~ 1971, in San Francisco which will be attended by 0ity Attorneys from 40 other cities that have imposed the utility users tax to discuss the pending litigation regard- ing the appeal of the decision affirming the constitutionality of the utility users tax case. Mr. Lindberg requested permission to attend this meeting. -7- Authorization given to It was moved by Councilman Hyde, seconded attend meeting by Councilman Scott and unanimously carried that the City Attorney be given authorization to attend this meeting. REPORT ON SEWER VARIANCES Director of Public Works Cole gave a report on the number of variances granted to the sewer service charge. He stated there are seven variances in this system of approxi- mately 22,000 dwelling units. Mr. Cole then noted the exemptions, of which there are 354. JOINT MEETING WITH PLANNING Mayor Hamilton commented that he received a COMMISSION AND SCHOOL DISTRICT memo from the Director of Planning in which SUPERINTENDENTS he stated that the date of January 21, 1971 at 4:30 P.M., would be a satisfactory time for the Planning Cormnission and the Super- intendent of the two School Districts to meet with the City Council to discuss the matter of the availability of schools and public facilities in residential development. The Council concurred that they would be able to meet on this date. REMODELING OF THIRD AVENUE Councilman Hobel complimented the Third Avenue Businessmen's Association for their first completion of refacing of the area south of the Leader Department Store to the Spanish architecture. Also, with Castle- Plymouth remodeling to the Spanish architec- ture and Bank of America prop3sing to remodel sometime next year, this will change that particular corner. Signs on Third Avenue Councilman Hyde noted that a number of the signs along Third Avenue are coming down, as part of the sign removal program. WRITTEN COI~UNICATIONS - CITY CLERK REPORTS Request for support of Resolu- This is a request from the City of San Mar- tion from San Marcos - Alleviation cos for City Council support of their reso- of the problem of litter and waste lution urging the League of California Cities disposal created by sale of bev- and the County Supervisors Association of erages in disposable, non-return- California to seek action by the State Legis- able containers lature which will alleviate the problems of litter and waste disposal erected by the sale of malt and carbonated beverages in disposable, non-returnable containers. Referred to Environmental It was moved by Councilman Scott, seconded by Control Commission Councilman Egdahl, and unanimously carried that this request be referred to the Envir- onmental Control Commission for report and recommendation. ORAL COMMUNICATIONS - Comments on San Diego Gas and Mrs. Kathryn Moore, 1134 Tobias Drive~ re- Electric's purchase of high- ferred to the article appearing in the SAN sulfur oil for plant DIEGO UNION regarding 300~000 barrels of hish sulfur fuel oil which was rejected by San Luis 0bispo County and which option was picked up by SDG~E to be burned here this winter. Mrs. Moore contacted Pollution -8- Control, Mr. Boney's office, and Mr. Hooper of SDG&E about this matter. She felt that if the County of San Luis Obispo could get them to use good fuel, it should be up to the Board of Supervisors to do likewise. Resolution supporting Mayor Hamilton co~nented that the resolution just passed this evening will support the work done by Mrs. Moore. EXECUTIVE SESSION It was moved by Councilman Scott, seconded by Councilman Hobel, and unanimously carried that the Council adjourn to Executive Session for personnel reasons. The Council adjourned to Executive Session at 8:12 P.M. Meeting reconvenes The meeting reconvened at 8:33 P.M. PARKING PLACE COmmISSION Mayor Hamilton announced that the Council APPOINTMENT felt there was not enough time to gather additional nominations, and no time to inter- view for this appointment; therefore, this nomination will be taken up at a later time. ENVIRONMENTAL CONTROL It was moved by Councilman Hyde, seconded COMMISSION by Councilman Hobel, and unanimously carried that the following appointments be made to the Environmental Control Commission: Mrs. Loretta Taylor Mr. Robert Hastings ADJOURNMENT The Mayor declared the meeting adjourned to Tuesday, January 19~ 1971~ at 3 P.M. Czty ~lerk -9-