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HomeMy WebLinkAboutcc min 1980/03/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. March 18, 1980 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCandliss, Scott (arrived at 8:50 p.m.) Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, City Engineer Lippitt, Director of Planning Peterson The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES Mayor Hyde noted that in the minutes of March 6, 1980, the name of Chuck Peter was misspelled. It was moved by Mayor Hyde, seconded by Councilwoman ~IcCandliss and unanimously carried by those present that the minutes of the meetings of March 6 and March 11, 1980 be approved, as corrected, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Mayor Hyde announced that Ms. Rosemary Avery, a member of the Guest Board of Directors of the Chamber of Commerce, would not be present this evening due to illness. b. Oath of Office City Clerk Fulasz administered the Oath of Office to Patrick J. Crowley, recently appointed to the Design Review Committee. 3. ORAL CO}~UNICATIONS Don Goode Mr. Goode said he is appealing the Police Department's denial 3427 Chamoune of his application for a work permit to deal cards in a card San Diego room in this City due to his arrest on suspicion of dealing in drugs. Mr. Goode explained the circhmstances of this arrest and asked for approval of his work permit. Mayor Hyde advised Mr. Goode to contact the City Attorney in reference to this matter. 4. WRITTEN C0~qUNICATIONS a. Request to pass item- Mrs. Ann Hedenkamp, 515 Second Avenue and Mr. Robert Graham, pricing regulations President of Congress of South Bay Seniors, requested that the Council consider passing an item-pricing regulation ordinance for the City. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried by those present that this matter be re- ferred to the City Manager and City Attorney for recommendation. b. Request to hold Art Marts The Chula Vista Art Guild requested permission to hold Art on City property Marts on City property at Fourth and "F" Streets, plus a waiver of the fees. The dates would be April 18 and April 19, 1980; May 16 and 17, 1980; June 20 and 21, 1980; July 18 and July 19, 1980; August 1S and 16, 1980; September 19 and September 20, 1980; October 17 and 18, 1980; and November 14 and November 15, 1980. Motion to approve It was moved by Councilman Cox, seconded by Councilwoman ¢1c Candliss and unanimously carried by those present that the request be approved subject to staff's conditions. City Council Meeting -2- March 18, 1980 4. WRITTEN COb~qUNICATIONS -- continued c. Request to hold Easter Egg The Town Centre Association requested permission to hold an Hunt Easter Egg Hunt in Memorial Park on April 5, 1980. Motion to approve It was moved by Councilwoman McCandliss, seconded by Council- man Gillow and unanimously carried by those present that the request be approved, subject to staff's conditions. PUBLIC HEARING AND RELATED RESOLUTION 5o PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTATIVE opened the public hearing. SUBDIVISION MAP FOR CHULA VISTA TRACT 80-11, VISTA Director of Planning Peterson, referring to his written report, ARIZONA explained that the applicant has submitted the map for the purpose of developing a one-lot 12-unit condominium project at 582 Arizona Street (R-3 zone). Environmental Finding An Initial Study, IS-78-83, was conducted by the Environmental Review Committee on July 13, 1979, for an identical 12-unit condominium development on the adjacent property to the east. The same findings of no significant impact, as listed in IS-78-83 also applies to this project. Planning Commission On February 27, 1980, the Planning Commission recommended recommendation approval in accordance with their Resolution PCS-80-11. New provision in approving Mr. Peterson explained the new amendment to the State b~ap Act tentative maps which requires Councils to consider the effect of the approval or denim of the tentative map on the housing needs of the community. These needs have to be balanced against the public service needs of the existing residents of the city and the available fiscal and environmental resources. Council discussion Councilman Cox referred to the requirement of posting a bond ($8,000) which may or may not be used by 1986, and questioned whether the applicant could be granted a deferral requiring the applicant, as he sells the units, to include a statement in the Covenants~ Conditions and Restrictions (CC&R's) that there is a lien on the property which will be required at some future date. Chris Galichon Mr. Gal±chon, the applicant, said he was informed by the City 3617 Bonita Verde Drive Engineer to build the retaining wall at this time but he feels Bonita it would be a waste of time and money since the first rain would destory it. As to the deferral, Mr. Galichon discussed having to put up the money at this time and questioned how to handle it. He said he would be willing to accept a compromise to have the assessment for the drainage of that property divided among the owners of the units. Council discussion Discussion followed during which time the City Engineer noted other similar drainage improvement requirements in the City; the question of the lien against this property; assessing each individual property owner; concern with precedent-setting; status of the Sweetwater Channel by the Corps of Engineers; cost of the channel and estimated date of construction. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to grant deferral It was moved by Councilman Cox and'seconded by Councilwoman McCandliss that another condition of development be added: that a deferral will be granted,provided there is a lien on the property for the drainage channel improvement and that such a requirement be recorded as part of their CC&R's. Discussion of motion Mayor Hyde spoke against the motion indicating that it leaves the City in a position downstream to resolve this problem at a later date and having to deal with 12 separate property owners. City Council Meeting -3- March 18, 1980 Motion fails The motion to grant the deferral failed by the following vote, to-wit: Ayes: Councilmen Cox, McCandliss NOES: Mayor Hyde, Councilman Gillow Absent: Councilman Scott 5a. RESOLUTION NO. 10033 Offered by Mayor Hyde, the reading of the text was waived by APPROVING THE TENTATIVE unanimous consent, passed and adopted by the following vote, SUBDIVISION MAP FOR CHULA to-wit: VISTA TRACT 80-11, VISTA ARIZONA AYES: Mayor Hyde, Councilmen Gillow, Cox, McCandliss Noes: None Absent: Councilman Scott 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde VACATION OF INDUSTRIAL opened the public hearing. BOULEVARD BETWEEN "K" AND "L" STREETS (Continued City Engineer Lippitt explained that the hearing was continued from the meeting of in order to give CALTR~S (Commuter Computer) an opportunity March 4, 1980) to evaluate this location for a park and ride facility. Manny Demetri, Project Mr. Demetri, an employee of CALTRANS, stated that they have an Director interest in acquiring this property for a park and ride facility Commuter Computer They have been seeking parcels in this area for such a purpose. They are also interested in obtaining the parcel at "H" Street and 1-805 (southeast quadrant) for this same purpose. Funds for the acquisition and improvement are funded with FAU funds and CALTRANS gas tax funds. If they can acquire this property, they will immediately begin developing it as a small parking lot using CALTRANS money (~15,000) and then, as funds are ob- tained, they would expand the lot, put in landscaping and bike lockers, increasing the spaces to 200. Mr. Glen Birch, Attorney Mr. Birch, attorney for the applicant, asked Council to delay any decision on this matter as there are a number of questions to be answered, such as access into the property. ~lr. Birch conm~ented that the applicant has plans to either put in a shopping center or a storage facility. Further, Mr. Birch cited the loss of revenue to the City by taking the property off the tax roles. City Attorney's opinion City Attorney Lindberg stated that Council's action this evening is to make the finding that the street has no present or future public use before the vacation (of the street) can be approved. Motion not to vacate It was moved by Mayor Hyde, seconded by Councilman Gillow that property no action be taken to vacate this property. Discussion of motion Councilman Cox remarked that under this use (park and ride), the property will not be functioning as a public street purpose Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, McCandliss Noes: Councilman Cox Absent: Councilman Scott 7. RESOLUTION NO. 10034 The Engineering Department has acquired seven easements for ACCEPTING GRANT OF sanitary sewer purposes to construct a sewer main from the EASEMENTS FOR SEWER Rosebank Sewer Pump Station to connect into the Spring Valley PURPOSES, ROSEBANK PUMP Sewer Outfall trunk line in Sweetwater Valley. Two property STATION SEWER BYPASS owners have not agreed to grant the required easements for this gravity relief sanitary 5ewer main, and it is tho in- tention of the City Engineer to acquire the properties either by direct purchase, easement purchase or through the City's power of eminent domain. The cost of this project, including right-of-way acquisition, will be financed through the Sewer Income fund. City Council Meeting -4- March 18, 1980 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor hyde, Councilmen Gillow, Cox, McCandliss Noes: None Absent: Councilman Scott 8. RESOLUTION NO. 1003S The agreement states that, upon request, each agency will APPROVING AGREEMENT furnish fire protection services to the other and be re- BETWEEN THE CITY OF CHULA sponsible for the resulting costs incurred. This is a VISTA AND THE STATE OF standard agreement between the California Department of CALIFORNIA, DEPARTMENT OF Forestry and all fire protection agencies adjacent to land FORESTRY, FOR MUTUAL FIRE for which California Department of Forestry has fire protection PROTECTION AID responsibility. Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Gillow, Cox, Hyde Noes: None Absent: Councilman Scott 9. ORDINANCE NO. 1903 This ordinance brings stock cooperative and community apartment ;O4ENDING CHAPTER 15.56 OF projects under the purview of Chapter 15.56, which was formerly THE MUNICIPAL CODE ADDING limited to the regulation of residential condominium projects. A NEW SECTION RELATING TO CONVERSION OF MULTIPLE DWELLING UNITS FIELD UNDER SINGLE OWNERSHIP TO INDE- PENDENT OWNERSHIP - FIRST READING Ordinance placed on first It was moved by Mayor Hyde that this ordinance be placed on reading its first reading and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen ~illow, Cox, McCand~iss Noes: None Absent: Councilman Scott 10. ORDINANCE NO. 1904 Presently, there is a two-hour parking zone on Davidson and AMENDING TITLE l0 OF THE Guava Avenues, just north of Davidson Street. The two-hour MUNICIPAL CODE BY ADDING Parking limit was established to limit all-day parking by A NEW CHAPTER 10.86 RELAT- users of the Civic Center complex; however, many of the lNG TO PERMIT PARKING IN residents have been cited for parking violations in front of RESIDENTIAL ZONES - FIRST their own homes. This ordinance provides that any resident READING located on a residential street with a two-hour parking limit provision, may obtain a permit with proof of address and vehicle registration from the Finance Director. The permit is valid for the permittee's street only. Ordinance placed on first It was moved by Councilman Cox that this ordinance be placed reading on its first reading and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Gillow Noes: None Absent: Councilman Scott CONTINUED ITEMS ~qD SECOND READING OF ORDINANCES 11. ORDINANCE NO. 1900 Case law in California determines that when a city adopts a AMENDING THE MUNICIPAL CODE redevelopment plan for an area, the provisions of the redevelop BY ADDING SECTION 19.12.150 -ment plan supersede the zoning regulations which would otherwis ADOPTED REDEVELOPMENT PLANS apply. The purpose of this amendment is to incorporate this SECOND READING AND ADOPTION legal determination into the Zoning Ordinance. City Council Meeting -5- March 18, 1980 Ordinance placed on second It was moved by Councilman Gillow that this ordinance be reading and adopted placed on second reading and adopted and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Cox, ttyde, McCandliss Noes: None Absent: Councilman Scott 12. ORDINANCE NO. 1901 The major change in the U.B.C. 1979 Edition is the deletion ADOPTING THE UNIFORM of any reference to fire zoning and fire districts. The BUILDING CODE, 1979 ordinance was placed on first reading at the meeting of EDITION - March 11, 1980. SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Gillow that this ordinance be reading and adopted placed on second reading and adopted and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Hyde, McCandliss Noes: None Absent: Councilman Scott 13. ORDINANCE NO. 1902 The Uniform Fire Code, 1979 Edition and appendix, replaces ADOPTING UNIFORM FIRE CODE, the 1976 Code adopted by Council on November 8, 1977. The 1979 EDITION AND APPENDIX ordinance was placed on first reading at the meeting of THERETO - SECOND READING March 11, 1980. AND ADOPTION Ordinance placed on second It was moved by Councilman Gillow that this ordinance be reading and adopted placed on second reading and adopted and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Hyde, McCandliss Noes: None Absent: Councilman Scott UNANIMOUS CONSENT ITEMS 10a. RESOLUTION NO. 10036 City Engineer Lippitt explained that a portion of this right- ACCEPTING, DEDICATING AND of-way is needed for the Third Avenue improvement project N~ING CERTAIN REAL ("G" to "K" Street). The County has decided to dedicate all PROPERTY FOR STREET AND of the right-of-way needed at this time for Third Avenue, HIGHWAY PURPOSES LOCATED "H" and "I" Streets. The City is hopeful in receiving matching ON THIRD AVENUE & H STREET funds from the State (FAU portion of the project) if the right- of-way can be certified by April 1. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox, McCandliss Noes: None Absent: Councilman Scott 10b. RESOLUTION NO. 10037 City Attorney Lindberg stated that this matter was previously PROVIDING FOR THE SPECIAL docketed for the last meeting; however, there was some questior APPROPRIATION OF FUNDS as to the availability of funds in the particular account for FOR TELEGRAPH CANYON the acquisition. It was determined that there was insufficient ROAD PROPERTIES funds and $48,000 must be deposited as the City's share for this project. Only ~34,000 is in the account for Telegraph Canyon Road acquisition; therefore, the request is for $20,000. Mr. Lindberg added that the funding will also come from the unappropriated gas tax funds including the monies received from the Crest Drive slope right sale. City Council Meeting -6- March 18, 1980 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen G]llow, Cox, McCandliss Noes: None Absent: Councilman Scott 14. REPORT OF THE CITY MANAGER "H" Street railroad crossing City Manager Cole informed the Council that MTDB will be closing off the "H" Street railroad crossing on Friday, March 21, 1980 beginning at 8:00 p.m. until Sunday, March 23, 1980 at S:00 p.m. Video equipment City Manager Cole stated that the video equipment will be in operation in the Council Chamber at the next meeting. Golf Course Clean-Up A report was submitted to the Council regarding the status of the clean-up operation. Mr. Cole commented that sixty volunteers have been out on the course helping to clean the debris and the City has applied for $291,760 in disaster re- lief funds. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT ON SUGGESTED SHORT Development Services Administrator Robens discussed the speed TERM SOLUTIONS TO IMPROVE limit and stop signs proposed by Mr. Skapin at the last meeting. TRAFFIC SAFETY ON NACION Mr. Robens noted thc behavior of the driver regarding both AVENUE BETWEEN EAST "L" these signs indicating that there is a question as to whether AND EAST NAPLES or not it will actually slow down the traffic on Nacion. Staff direction City Engineer Lippitt noted the three areas the Council re- quested staff to look at: (1) place eight 20 mph signs along the segment between Naples and "L" Street; (2) place two stop signs: one at Roman Nay and the other at Inkopah; (3) haYe a policeman patrol the area a minimum of 90 minutes per week. The Chief of Police stated that they would give this area more surveillance. Transit Coordinator tlansen Mr. Hansen submitted a plat of the area stating that he looked at several locations along this street for the stop signs and determined that the biggest number of complaints is from Inko- pah to East "L" Street along that section of Nacion (curve section). Mr. Hansen added that it is his recommendation that stop signs not be installed since it is an ineffective method of reducing speeds in residential streets. Mr. Hansen stated that his recommendation would be to (1) in- stall a single stop sign at Inkopah or Moss Street, evaluate this need before installing other stop signs in this street; (2) post 25 mph signs (2 signs northbound and 2 signs south- bound). &ack Skapin Mr. Skapin cited the need for the 20 mph speed limit along 942 Nacion Avenue Nacion and the justification for the request for the stop signs. Chula Vista (Oouneilman Saott arrived at this time - 8:50 p.m.) Mr. Skapin stated that the traffic along this are is "gang traffic" whereby one lead car will be going 35 mph and a number of vehicles will be following at the same speed. Paula O'Neill Mrs. O'Neill remarked that the petition presented to the 399 Montclair Council was for the area from Naples to "L" Street and that Chula Vista there is a problem with the "straight-away". She added that a stop sign should be put in at Montclair since the cars are traveling at a faster speed here. City Council Meeting -7- March 18, 1980 Mike Ary Mr. Ary commented that there is a good chance that Nacion 951Nacion Avenue Avenue will get into the Guiness Book of World Records since Chula Vista it: (1) has the most signs per linear foot of any street in the City; (2) has the most ignored signs of any street in Chula Vista; and (3) if the street is widened, it will become the most expensive street in Chula Vista. Mrs. David Haas Mrs. Haas said her house is on the corner of East Moss and 982 Nacion Nacion and cited the two incidents of her husband's car being Chula Vista demolished - once in front of her home and the second time in her driveway. She stated that if a stop sign had been placed at this intersection, her husband's car would not have been hit. Council discussion Discussion followed regarding the number of on-street parking spaces that would be lost due to the placement of the stop signs; instituting the recommendations on a trial basis of eight months; the accident record for this area; the posting of the speed zones; and the concerns of the residents in general. Motion for signs and police It was moved by Councilwoman McCandliss, seconded by Council- patrol man Cox and unanimously carried that two stop signs be in- stalled on a trial basis (for a period of eight months) on Nacion Avenue: one at Inkopah and one at Roman Way; and, further, that speed limit signs of 2S mph be posted with 20 mph signs at the curves, in addition to having the area patrolled by a policeman 90 minutes per week to enforce this. Councilwoman McCandliss indicated that the number of signs should be left up to staff but that it should be "well posted". 16. REPORT ON REQUEST FROM City Engineer Lippitt submitted a written report with regard KAMPGROUND ENTERPRISES to Mr. Bell's request at the meeting of March 4, 1980 for FOR CITY SUPPORT FOR Council's support in requesting State assistance for flood CALTRANS TO IMPLEMENT control improvements in the vicinity of the K0A Campgrounds. FLOOD IMPROVEMENTS IN Mr. Lippitt recommended that the Council request CALTRANS to: THE SWEETWATER VALLEY (1) construct protective rip-rap along the curved alignment of the dike adjacent to KOA, prior to the next rainy season; (2) use the fill material on the north side of the channel for the first phase of the 1-5/54 Interchange; (3) ask CALTRANS to develop an acceptable solution so that Edgemere Avenue service disruption is reduced. City Engineer Lippitt said he talked to ~lr. Bell today and several points were brought up that were not covered in his report. It was decided that they should meet with CALTRANS to discuss these issues before Council action is taken. Motion to continue It was moved by Councilman Scott, seconded by 5layer Hyde and unanimously carried that this matter be continued for two weeks. 17. REPORT ON REQUEST TO The Engineering staff investigated the request of the Town INSTALL STREET LIGHT ON Centre Association and recommended not installing the street DAVIDSON STREET BETWEEN light based on the following: THIRD ~dqD L/UqDIS STREETS 1. There are existing street lights on Davidson Street at Third Avenue and at Landis Street (250 feet apart). 2. The installation of an additional light would not be consistent with the policy established following Proposition 13. Briefly, it is the provision of lighting primarily for traffic safety, i. e., at intersections, at dangerous curves, at cul-de-sacs and not spaced less than 300 feet apart. Motion to accept report It was moved by Mayor Hydc~ seconded by Councilman Scott and unanimously carried that the report be accepted. City Council Meeting -8- March 18, 1980 MAYOR'S REPORT League Dinner Meeting Mayor t~de announced that the next League Dinner meeting will be held on April 17, 1980 in E1Cajon. COUNCIL CO~4ENTS Workshop meeting Councilman Gillow complimented the staff and Councilwoman McCandliss on the Council Workshop held on Saturday, March 15, 1980. City Clerk Review It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the City Clerk's review be scheduled for Thursday, March 27, no later than 5:15 p.m. Garden Club Planting It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that a letter of thanks be written to the Chula Vista Garden Club for the three trees planted at the Library in honor of Arbor Day (letter to be written for the Mayor's signature)° Inclusion in 1911 Act report It was moved by Councilman Cox, seconded by Councilman Gillow and unanimously carried that staff include in their report for consideration of possible 1911 Act street improvements that portion of the east side of Hilltop Drive, south of "H" Street (two parcels). Motion to include First It was moved by Mayor Hyde, seconded by Councilman Scott and Avenue segment in report unanimously carried that the staff also include in this report that section of First Avenue, east side, between "J" Street and Millan Court. Development Task Force Councilman Cox announced that the first meeting of the Develop- meeting ment Task Force will be held on Thursday , March 20, 1980 at 3:30 p.m. Housing provision Councilwoman McCandliss referred to Item Sa expressing her con- legislation cerns over the inclusion of this provision and the findings that the Council must make on each tentative map. Motion for staff report It was moved by Councilwoman McCandliss, seconded by Mayor Hyde and unanimously carried that staff prepare an oral report to be given at a Council Conference on (1) find out the legis- lative intent of this addition to the Map Act; (2) give some guidelines or allow for some discussion as to how the City can implement this. Mayor f~de requested that it be an item on a regular Council Agenda. Councilwoman McCandliss agreed and changed the motion accordingly. Consolidation of lots on "H" Councilman Scott remarked that there are three parcels along "tl" Street and Hilltop Drive Street at Hilltop Drive - one that is owned by the County, then a house, and then another lot owned by the County. The house is for sale and in order to get the best utilization of the proper- ties, Councilman Scott suggested the possibility of purchasing the properties and consolidating all three. Motion for staff report on It was moved by Councilman Scott, seconded by Councilman Cox and consolidation unanimously carried that the staff look into the possibility of either the County or the City buying the properties - or somo combination thereof - so that the properties could be purchased, put together and resold (also enabling having a street served from the north port]on of the property). Suggestion for housing Councilman Cox indicated that perhaps the County Housing Authority may want to consider this property for housing purposes. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:20 p.m. to the meeting scheduled for Tuesday, March 2S, 1980 at ?;00 p.m. Jenn~