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HomeMy WebLinkAboutcc min 1980/03/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. March 4, 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 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, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES Correction to minutes Mayor Hyde noted that on page 4 of the minutes of February 23, 1980, reference to the deletion of the dance floor was not made in the motion. (The motion will read: " ..... the plans, as modified deleting the dance floor in the cocktail bar will be tentatively approved.") It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that the minutes of the meetings of February 23 and February 26, 1980 be approved, as modified, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a..Introduction of Council Mayor Hyde introduced Mr. Neal Arthur, a member of the Board Guest of Directors of the Chamber of Commerce and a Rohr attorney. b. Music In Our Schools A chorus of students from Sunnyside Elementary School presented Week a few musical numbers in observance of the "Music In Our Schools Week" - March 10 through March 16, 1980. The Sunny- side Choraleers were directed by Mrs. Dory Stewart. 3. ORAL COMMUNICATIONS James Matherly Mr. Matherly read a speech he gave to the Comprehensive Plan- 402 Oaklawn ning Organization on March 3 opposing the relocation of Lind- Chula Vista berg Airport. He also discussed the exorbitant national debt and government spending. Ted Bell Mr. Bell presented a map of the area discussing the flooding Kampgrounds of America problems and the river restrictions in the Sweetwater River, 3601 Edgemere Avenue basically in the area between 1-80S and I-5. Mr. Bell stated Chula Vista that when CALTRANS originally built the channel, a portion of his property was condemned and taken for this project. As a part of the negotiations, CALTRANS promised them flood pro- tection; this has not been realized. ~4r. Bell discussed the flooding problems in the area and offered thc following solu- tions: (1) build the Edgemere bridge; (2) remove the 150 feet of obstruction in the river of fill material to open up the channel to its planned width; (3) build the dikes (westerly side of the property); (4) 50% of the south side of the dike has eroded away - once it is rebuilt, it should be protected by rip-rap material; (5) requested that the Highway 54 project be completed, but would rather have these critical problems solved now. Motion for staff reconm~endation It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that this matter be referred to staff and have them come back to see what, in their opinion, the Council can do to encourage the State (to consider this project). Held Tuesday - 7:00 p.m. -2- March 4, 1980 4. WRITTEN COb~CRJNICATIONS a. Request for safety light The Chula Vista Town Centre Association suggested that a on Davidson Street "safety light" in this area would reduce the vandalism and between Third Avenue and graffiti caused by the problem of poor lighting on this Landis street. Referred to staff It was moved by Councilwoman McCandliss, seconded by Council- man Scott and unanimously carried that this matter be referred to staff. b. Request for vacation Vista Hill Foundation requested vacation of the remaining of public right of way half of the right of way of the old Edgemere Avenue (R5670) which they claimed the City had agreed to quit claim to the Foundation. The fee of $1,000 for this right of way was sub- mitted by the Foundation "under protest". Referred to staff It was moved by Councilman Gillow, seconded by Councilman Scott and unanimously carried that this matter be referred to staff. c. Request for nominations The Chula Vista Jaycees will host a banquet on March 28, 1980 for recognition achieve- to honor outstanding young citizens who have achieved recogni- ment awards tion in their respective fields or for community work. The Jaycees have requested the Council to submit nominees. Motion to note request It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that this request be noted. PUBLIC HEARINGS AND RELATED ORDINANCES Planning Department Items: 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF REZONING opened the public hearing. PARCEL AT NORTHWEST CORNER OF THIRD AVENUE Director of Planning Peterson referred to his written report EXTENSION AND SEA VALE explaining that the parcel is part of an 11,947 square foot FROM R-1 TO C-O parcel located at 315 Sea Vale Street in the R-1 zone. The applicant will purchase the southerly triangular-shaped 3,696 square feet and retain 8,251 square feet of lot area (R-1 parcel) which exceeds the 7,000 square foot minimum lot size of the R-1 zone. By acquiring this property, it will increase the depth of the commercial lot immediately to the south of the R-1 parcel to 110 feet, the same as the adjacent commercial lot to the west. The purpose of the request is to adjust the zone boundary to coincide with the proposed lot line adjustment between properties. Planning Commission On February 13, 1980, the Planning Commission recommended recommendation approval in accordance with their Resolution PCZ-80-D. Negative Declaration The Negative Declaration was adopted by the Planning Commission (IS-80-39) and forwarded to the Council. Ernest Harris, Architect Mr. liarri5 said he is representing the owner. They are in 8343 Center Drive agreement with the recommendation of the Planning staff and La Mesa Planning Commission. Public Hearing closed There being no further comments, either for or against, the hearing was declared closed. Sa. ORDINANCE NO. 1899 It was moved by Councilman Cox that this ordinance be placed REZONING PARCEL AT on its first reading and that the reading of the text be NORTHWEST CORNER OF THIRD waived by unanimous consent. AVENUE EXTENSION AND SEA VALE STREET FROM R-1 TO The motion carried by the following vote, to-wit: C-O - FIRST READING AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow Noes: None Absent: None Held Tuesday - 7:00 p.m. -3- March 4, 1980 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 6. PUBLIC HEARING This being the time and place as advertised, Mayor Hyde CONSIDERATION OF REZONING opened the public hearing. .6 ACRE ON THE SOUTH SIDE OF "D" STREET EAST OF Director of Planning Peterson submitted a plat noting the BROADWAY FROM R-3 TO C-T-P subject property consisting of two parcels with 129 feet of frontage along "D" Street and a depth of approximately 192 feet. Certain portions of existing commercial structures en- croach into this R-3 zone. A use variance was approved 25 years ago to use the area for commercial vehicle storage. The City also recently approved a building permit for two accessory structures on the site. The structure on the east property line is completed and the one on the south property line is nearing completion. Under the R-3 zoning, the structures are allowed on the property line but restricted to private vehicle storage use. If the property is rezoned to C-T, the structures could be put to commercial use but their use for repair of vehicles would not be allowed unless the Planning Commission approved a conditional use permit for such use. Planning Commission On February 13, 1980, the Planning Commission adopted the recommendation Negative Declaration (IS-80-33) and recommended approval of the rezoning to C-T-P ("P" Modifying District) in accordance with their Resolution PCZ-80-B. Ken Baumgartner Mr. Baumgartner,representing McMillan Company, stated that 2727 Hoover Avenue they concur with the actions of the Planning Commission and National City will comply with all conditions. Joseph Rindone Mr. Rindone said he owns the 9-unit apartment complex to the 230 Guava Avenue east. He has no objections to the rezoning as long as the Chula Vista wall and landscaping are put in. Public Hearing closed There being no further comments, either for or against, the hearing was declared closed. Council Discussion Discussion followed regarding the present use of the structures the requirement for the zoning wall and landscaping; use of the property under R-3 and the setback requirements; construction of the facilities under the R-3 zone and then requesting the rezoning to C-T; accesses off "D" Street and Broadway; the accessory building built on the property line which now be- comes a legal non-conforming use; the entire use of the property should be directed toward Broadway. Motion to bring back It was moved by Mayor l~de, seconded by Councilman Scott and revised ordinance unanimously carried that as a condition of development, that any additional structures and/or change in the utilization of these facilities in this parcel, as a condition of approval, would require the closure of the entrances on "D" Street (all three of them), and that an adequate access to this property be provided from Broadway. 6a. ORDINANCE It was moved by Mayor Hyde, seconded by Councilman Cox and REZONING .6 ACRE ON THE unanimously carried that the staff bring back a revised SOUTH SIDE OF "D" STREET ordinance on this next week. EAST OF BROADWAY FROM R-3 TO C-T-P - FIRST READING Engineering Item: 7. PUBLIC HEARING - In his written report, City Engineer Lippitt related the CONSIDERATION OF VACATION background of this request which was originally made in June OF INDUSTRIAL BOULEVARD 1976. He stated that there is no present need for this segment BETWEEN "K" AND "L" of Industrial Boulevard as adequate circulation is provided by STREETS other local streets and the Interstate S freeway. The easements requested by San Diego Gas & Electric Company and Pacific Telephone are being negotiated between those utility companies; therefore, based on the findings of the department, the City Engineer recommended approval upon com- pletion of the easement dedication. Held Tuesday - 7:00 p.m. -4- March 4, 1980 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Suggestion for Park & Ride Councilman Scott commented that he suggested to the City area Manager that this area be used for a park and ride location and that CALTRANS is interested in it. Motion to continue for two It was moved by Councilman Scott, seconded by Councilwoman weeks McCandliss and unanimously carried that this matter be con- tinued for two weeks to allow consideration of the property for park and ride (car pooling) purposes. Glen Birch, Attorney Mr. Birch, attorney for the applicant, stated he was just made aware of this interest by the City (park and ride) after approximately three years of having the application before the City for the vacation of the property. Mr. Birch noted the parking locations proposed for "H" Street and Palomar Street for the rapid transit system and declared that this location would serve little benefit as compared to the cost. 7a. RESOLUTION Continued to the meeting of March 18, 1980. ORDERING THE VACATION OF INDUSTRIAL BOULEVARD BETWEEN "K" STREET AND "L" STREET CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 8. RESOLUTION NO. 10023 H.L. Foster Construction Company was awarded the contract on ACCEPTING PUBLIC July 24, 1979. On January 15, 1980, the Council withheld IMPROVEMENTS, OTAY LAKES acceptance of this work until a permanent repair was made to ROAD AT BONITA ROAD AND the peeling of a thin layer of pavement overlay at the right EAST "H" STREET turn lane. The work has now been completed and acceptable to the City Engineer. The total cost for the traffic signals was $48,315.00 and $70,247.01 for the street improvements, making the total construction cost $118,562.01. 9. RESOLUTION NO. 10024 As provided in the Metro Sewer Agreement, written consent of REQUESTING CONSENT OF THE the City of San Diego is required prior to serving any property CITY OF SAN DIEGO TO beyond the City limit. On September 27, 1978, Kampground PERMIT EXTENSION OF SEWER Enterprises filed an application for annexation to the City; SERVICE BEYOND CITY LIMIT however, the Local Agency Formation Commission refused to support the annexation inasmuch as it would create an unin- corporated island west of Edgemere Avenue and financial problems relative to the Lower Sweetwater Fire Protection District. (END OF CONSENT CALENDAR) 10. REPORT OF TilE CITY MANAGER a. Redevelopment Agency City Manager Cole submitted the agreement to the Council per- Agreement taining to the Investment Banking Services with Drexel Burnham Lambert, Inc. (Item 3 on the agenda for March 6, 1980). b. Council Conference City Manager Cole presented a revised schedule of the Council Schedule Conferences and tours of the City for the next two months. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 11. REPORT ON RECREATION Director of Parks and Recreation Hall submitted a written re- BROCHURE port requesting authorization to sell advertising space in the City's recreation brochure. Mr. Hall stated that the Star-News will print 35,000 brochures and distribute them as inserts in their advertiser for $2,600. If advertising is allowed, the cost would be $1,500. If enough ads are sold, it would be possible to that the brochure could be printed and distributed at no cost to the City. In answer to the Council's questions, Mr. Hall said that the advertisements (klnd and number) will be screened. The bro- chures will be sent out with the Star-News and provision has been made to distribute them also to those people who do not subscribe to the newspaper. Mayor Hyde suggested the staff explore this concept for pr±nt- ins of the Annual City Calendars. Held Tuesday - 7:00 p.m. -5- March 4, 1980 REPORTS OF C1TY OPFICERS AND DEPARTMENT ttEADS (Cont.) Motion to approve concept It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the concept of allowing advertising space to be sold in the City's recreation brochure be approved. 12. REPORT ON STREET Development Services Administrator Robens submitted a written SWEEPING NOISE report in response to the complaint of Mrs. Jean Woodburn, 610 "G" Street, concerning the City street sweepers' noise on Broadway during the early hours. Mr. Robens noted the hours of operation for the street sweepers and the study conducted on noise levels. Mr. Robens declared that based on the re- port, the street sweepers do not violate the City's noise ordinances and since it is important to have the commercial areas swept between 4:00 and 7:00 a.m., he recommended that no further action be taken other than to insure that the street sweepers are properly maintained so as not to make any excessive noise. ~4otion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimousl7 carried that the report be accepted and a letter be written to Mrs. Woodburn explaining this action (for the Mayor's signature). Vibration factor In answer to Councilwoman McCandliss' query, Development Services Administrator Robens commented that the vibration factor was not taken into consideration. Mr. & Mrs. Woodburn Mr. Woodburn referred to the decibels cited in the report: 65 for the street sweepers and 85 for the traffic contending that the time of day this was taken has importance. The street sweepers at 3:00 a.m. have significantly more noise than if they compete with the traffic noise at 3:00 p.m. Mr. Woodburn added that the sweepers are now starting at 5:00 a.m. instead of 3:00 a.m. and he is grateful for this. Mrs. Woodburn asked for consideration of some help regarding the private lot sweepings which occur at all hours of the night. Motion to accept staff The motion to accept the staff report carried unanimously. report carried Motion for staff investigation It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the staff be requested to examine their schedule to see whether or not if at all possible, within fiscal restraints, to defer the sweeping in this particular area to a later hour. MAYOR'S REPORT Chula Vista Shopping Center Mayor Hyde reported that he and Councilman Cox met with meeting Mr. Lewis Nohl and Mr. John Healy, attorney for Carter-Hawley- Hale, to discuss the Walker Scott exclusive negotiations for the expansion of the Chula Vista Shopping Center. Both Mayor Hyde and Councilman Cox agreed that the meeting was a good one;that the representatives of Carter-Hawley- Hale would be receptive to discussions with Walker Scott for the proposed development. Task Force Committee Mayor Hyde said he was informed by Supervisor Hamilton's office that the Board of Supervisors approved Chula Vista's recommendation to set up a Task Force to study the distribu- tion of the property taxes upon annexations to cities. CPO Stand on Airport At the meeting held Monday, CPO voted to abandon the idea of putting the airport vote on the ballot, Chula Vista Shopping Center Mayor Hyde stated that he and Mr. Paul Desrochers (Director Meeting of Community Development) will be meeting with members of the Merchants' Association of the Chula Vista Shopping Center to discuss the Walker Scott plans on March 10, 1980. Held Tuesday - 7:00 p.m. -6- March 4, 1980 3~YOR'S REPORT (Cont.) Auoio Visual Presentations It was moved by Mayor Hyde and seconded by Councilman Gillow that regarding audio visual presentations, staff build a scale model out of inexpensive material which would adequately repre- sent how a real podium with a monitor facing the City Council would appear and that this be tested out for a long enough period of time for the Council to decide whether they like it or not. Speaking against the motion Councilman Scott said he could not see the monitor when it was displayed a few weeks ago and that the screen would have to be much larger so that detailed maps could be seen. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox Noes: Councilmen Scott, McCandliss Absent: None COUNCIL COMMENTS Legislative Report Councilman Cox reported that AB 1983 (Felando) will be heard by the Committee tomorrow morning at 9:00 a.m. ^ night letter was sent by the Legislative Committee opposing this bill since it removes the authority of the Local Agency Formation Commis- sion to disapprove a petition of registered voters for a de- tachment from the City and would also remove the conducting authority's power to terminate the procedures for detachment of inhabited and uninhabited territory from the City. Motion to ratify night letter It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried for ratification of the action in sending the night letter. Motion to oppose AB 1000 Councilman Cox stated that the Legislative Committee recommends opposition to the bill regarding registered construction in- spectors since a bill proposed by Assemblyman Waters to exempt City employees was not made a part of AB 1000. Motion to oppose AB 1000 It was moved by Councilman Scott, seconded by ~layor Hyde and unanimously carried to oppose AB 1000. SCOOT Meetings Councilman Cox reported that he spoke to the City Councils of Imperial Beach, Coronado and National City asking them to join SCOOT. All City Councils are taking this under advisement at this time. 13. APPOINTMENTS TO ECONOMIC At the meeting of February 23, 1980, the Council voted to DEVELOPMENT TASK FORCE create an Economic Development Task Force consisting of seven members: one to be appointed by the President of the Chamber of Commerce; one member to be appointed by the City Council at large; and one member each to be appointed by each Councilman. Continuance requested Councilwoman McCandliss asked for a continuance since she was not able to contact her primary choice for this appointment. Special meeting to be held It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that a special meeting be called after the Redevelopment Agency meeting on Thursday, March 6, 1980 to consider this one item. Mayor's Breakfast Meeting Mayor Hyde announced that the Registrar of Voters, Ray Ortiz, will be the guest speaker at the Mayor's Breakfast meeting on Monday, March 10, 1980 at 7:30 a.m. Held Tuesday - 7:00 p.m. -7- March 4, 1980 COUNCIL COY~ENTS (Cont.) Landscaping Award Mayor Hyde reported that at their meeting today, the Port Commission was to consider awarding a contract for landscap- ing Chula Vista's small boat marina at an amount not to exceed $197,955. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:00 p.m. to the regularly scheduled meeting of March 11, 1980 at 7:00 p.m.