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HomeMy WebLinkAboutcc min 1980/02/12 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. February 12, 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 Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, McCandliss, Scott Councilmen absent: Councilman Gillow Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Parks and Recreation Hall ~he pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried by those present that the minutes of the meeting of February 5, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Mayor Hyde introduced Mr. A1Houtkamp, member of the Board Guest of Directors of the Chamber of Commerce and owner of Harvey's Bakery. b. SPECIAL MEETING City Attorney Lindberg explained that because of the holiday, the Council cannot meet in regular session; therefore, tonight's meeting is a "special" meeting and only those items written on the agenda will be considered. 3. ORAL COMMUNICATIONS James Matherly Mr. Matherly read a statement he prepared for the Metropoli- 402 Oaklawn Avenue tan Transit Development Board meeting on February 11 in Chula Vista which he opposed the San Diego-Tijuana passenger train; members of the MTDB Board and the high cost of government spending and debt. 4. WRITTEN CO~4UNICATIONS a. Request for reconsideration Mr. Jerry Valk, 291Camino Vista Real, Chula Vista, sent in of General Plan Amendment a letter with a number of attachments asking for a rehearing at Telegraph Canyon Road of the General Plan Amendment which was approved by the City Council on November 20, 1979 changing the designation of an 8.3 acre parcel on Telegraph Canyon Road at Nacion from "Visitor Commercial" to "Residential 13-26 dwelling units per.acre." Staff recommendation The Director of Planning reviewed the letter and the back- ground information and advised the Council that there was no new evidence presented to warrant a reconsideration o£ the General Plan amendment. He, therefore, recommended denial of tho request. Held Tuesday - 7:00 p.m. -2- February 12, 1980 WRITTEN CO~UNICATIONS (Cont.) In favor of new hearing Speaking in favor of having a new public hearing on the matter were Jerry Valk, 291Camino Vista Real; David Campbell, 737 Nacion Avenue, Steve Howard, 266 Camino Vista Real; Pauline Valk, 291Camino Vista Real. Their reasons were: (1) there have been many "minuses" submitted by the Director of Planning in his report to Council; (2) since 1969, Gersten has been "juggling" around with this property; (3) the Planning Commission voted against high density and this was overridden by the Planning Director; (4) the Planning Director's Assistant's report for low density was "shot down" by the Director; (5) schools were not considered thoroughly in the environmental review impact report; (6) the EIR also did not include the one-half acre adjacent to this parcel; (7) the Council should listen to the will of the people and not to one contractor. Speaking in opposition Mr. Dick Brown, representing Gersten Company, stated that nothing has been brought out tonight that showed where the developer was in error in presenting any facts. The public hearing was held according to law; the one-half acre parcel was included in the EIR; and the appeal process period has passed. Planning Director's Mr. Peterson stated that the one-half acre parcel referred comments to by the protestants was included in the EIR on page 16; his Senior Planner recommended either the low density range with development occurring at the high end (4 to 12 units) or the higher density range with development occurring at the low end (13 to 26 units). The 4 to 12 units per acre was also recommended by the Planning Commission, and there- fore, the staff concurred that the "breaking point" should be somewhere between those two ranges which he (Planning Director) recommended. Mr. Peterson noted the error reported in the staff report that there was an abundance of R-3 property in the City. He stated that this is not true, and it was a major factor in his recommendation to the Council. ~ayor's comments Mayor Hyde explained that in November~ the City Council amended the General Plan to provide a high density develop- ment in this area (13 to 26 dwelling units per acre). The companion requirement is that the land be zoned for a specific density, and it is now up to the developer to petition the Council for this zone change. That process requires a public hearing before both the Planning Commission and the City Council at which time everyone within 300 feet of this property will be notified and everyone will be given a chance to speak. Council discussion Discussion followed concerning the density range; the plan now submitted by the developer which is being reviewed by the Planning staff; the C-V designation previously zoned for the property; and the comments that no new significant information was presented by Mr. Valk or thc other speakers here this evening. Motion to deny It was moved by Councilman Cox and seconded by Mayor Hyde that the request for a rehearing be denied. Held Tuesday - 7:00 p.m. -3- February 12, 1980 WRITTEN COMMUNICATIONS (Cont.) Speaking against motion Councilwoman McCandliss noted that the decision the Council makes "is only as good as the information presented to them" and that the staff report did not specifically outline the options for the Council. Her understanding was that the General Plan designation of C-V was "it" for the land and the development was being hampered because of this designation. She added that the staff should have brought out all the options and this omission, she feels, is significant; therefore, she will vote against the motion. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott Noes: Councilwoman McCandliss Absent: Councilman Gillow PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES S. PUBLIC HEARING - This being the time and place as advertised, ~yor Hyde CONSIDERATION OF ESTABLISH- opened the public hearing. ING UNDERGROUND UTILITY DISTRICT NO. 111 ON THIRD In a written report to Council, City Engineer Lippitt AVENUE FROM "K" TO "L" explained that on May 22, 1979, (Resolution 9595), the STREET Council established an underground utility district on Third Avenue from "L" Street to Hermosa Avenue (south of Main Street). With the completion of that work, the under- grounding of utilities on Third Avenue all the way from "E" Street to south of Main Street will be complete except for a segment between "K" to "L" Streets. This project will underground utilities in this segment. The cost of this project will be funded from accumulated allocations from the San Diego Gas & Electric Company. Public hearing closed There being no eomments, either for or against, the hearing was declared closed. Sa. RESOLUTION NO. 99S7A - Offered by Councilwoman McCandliss, the reading of the text ESTABLISHING UNDERGROUND was waived by unanimous consent, passed and adopted by the UTILITY DISTRICT NO. 111 following vote, to-wit: ON THIRD AVENUE FROM "K" TO "L" STREET AYES: Councilwoman McCandliss, Councilmen Scott, Cox, Hyde Noes: None Absent: Councilman Gillow 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF ESTABLISH- opened the public hearing. ING UNDERGROUND UTILITY DISTRICT NO. 112 ON BONITA In a written report to Council, City Engineer Lippitt ROAD FROM WILLOW STREET TO explained that the proposed underground district will be OTAY LAKES ROAD both a type A and type B district. Type A district will be funded by an allocation from SDG&E; type B will be paid for by the property owners. ?hese funds have been pledged by the property owners required as a condition of approval for the development of their properties through the sub- division process. Mr. Lippitt added that the only comment received was from the Bonita Business and Professional Association. They were concerned as to where they would place their "Bonita- lest" b~nncrs if the poles were taken down. The staff is working with them on this. Public hearing closed There being no comments, either for or against, the hearing w~s declared closed. Held Tuesday - 7:00 p.m. -4- February 12, 1980 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 6a. RESOLUTION NO. 9958 - Offered by Councilman Scott, the reading of the text was ESTABLISHING AN UNDER- waived by unanimous consent, passed and adopted by the GROUND UTILITY DISTRICT following vote, to-wit: ON BONITA ROAD FROM WILLOW STREET TO OTAY AYES: Councilmen Scott, Cox, Hyde, McCandliss LAKES ROAD Noes: None Absent: Councilman Gillow CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried by those present that the Consent Calendar be approved with the exception of item #9. 7. RESOLUTION NO. 9959 - On January 4, 1977, the City Council adopted Resolution ELECTING TO PROCEED 8464 declaring its intent to vacate the subject street. UNDER THE PROVISIONS OF At the public hearing on January 25, 1977, the Council was THE STREET VACATION ACT informed that the Metropolitan Transit Development Board OF 1941 DECLARING THE expressed an interest in possibly using the right of way INTENTION OF THE CITY for its "Tijuana Trolley" facilities; however, in February COUNCIL TO VACATE A 1979, ~ffDB stated that it had no interest in acquiring the PORTION OF INDUSTRIAL property. The owner has now requested completion oF the BOULEVARD BETWEEN "K" vacation procedures. The City Engineer recommended the AND "L" STREET FuND public hearing be set for March 4, 1980. FIXING A TIME AND PLACE FOR HEARING THEREON 8. RESOLUTION NO. 9960 - The Engineering Department prepared an appraisal for five ACCEPTING, DEDICATING properties along Third Avenue for the purpose of acquiring AND NAMING REAL PROPERTY corner segments for construction of sidewalk in the curb FOR PUBLIC RIGHT OF WAY, return areas for the widening of Third Avenue between "G" THIRD AVENUE and "K" Street. The total cost of the five parcels along with the title litigation guarantees and reconveyance fees amounts to $3,623.00. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION NO. 9961 - In answer to the Mayor's query, City Manager Cole said AMENDING RESOLUTION ~ this proposal was discussed with the Consultant, Arthur 9637 WHICH ESTABLISHES Young and Company, and will be considered in their study. THE COMPENSATION PLAN This 5% is an interim agreement - it may be more when the FOR MIDDLE MANAGEMENT consultant completes his study. EMPLOYEES FOR FY 1979/80 Recently, the City's Recreation Superintendent left to take a job in another agency. It was decided that the vacant position would not be filled and the remaining job duties would be shared by the two Senior Recreation Supervisors. The resolution changes the compensation of the Supervisors from range 35.8 ($1397-$1698) to range 36.8 ($1466-$1783) effective Janaury 11, 1980. Resolution offered Offered by Councilman Cox, the reading of the text wa5 waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott Noes: None Absent: Councilman Gillow Held Tuesday - 7:00 p.m. -5- February 12, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 10. RESOLUTION NO. 9962 - Daley Corporation has completed the overlay of various ACCEPTING PUBLIC IMPROVE- streets in the City in accordance with the plans and MENTS - STREET OVERLAY -specifications. A final inspection was made on January 31, PROJECT, 1979-80 1980 and all work has been completed to the satisfaction of the City Engineer. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott Noes: None Absent: Councilman Gillow 11. RESOLUTION NO. 9963 - Bids were received on January 30, 1980 for this project which ACCEPTING BIDS AND involves the placement of a 1½ inch overlay on the existing AWARDING CONTRACT FOR street surface. In accordance with the recommendation of PLACEMENT OF STREET the City Engineer, the resolution authorizes the expendi- RESURFACING ON FOURTH ture of $49,000 from budgeted project Fourth Avenue AVENUE FROM "D" TO "F" resurfacing Account No. 250-2501-GT-106C and awards the STREET contract to R. E. Hazard Contracting Company in the amount of $48,896.12. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott Noes: None Absent: Councilman Gillow 12. RESOLUTION NO. 9964 - Bids were received on January 30, 1980 for this project ACCEPTING BIDS AND which consists of the construction of curbs, gutters, side- AWARDING CONTRACT FOR walk, sidewalk ramps, asphalt paving, street light removal, THE CONSTRUCTION OF A planter wail, street light relocation and property restora- RIGHT TURN LANE AND tion for the construction of a right turn lane for south- STREET LIGHT MODIFICATION bound traffic on Broadway. In accordance with the recom- AT THE NORTHWEST CORNER mendation of the City Engineer, the resolution: OF BROADWAY AND "H" STREET (1) appropriates $8,000 from Gas Tax 2106 Fund to Account AND APPROPRIATING 250-2502-GT-99C; (2) authorizes the expenditure of ADDITIONAL FUNDS $28,000 from budgeted project, right turn lane, Broadway and "M" Street, Account 250-2502-GT-99C; and (3) awards the contract to Griffith Company (low bidder) in the amount of $25,442.25. 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 McCandliss, Scott, Cox Noes: None Absent: Councilman Gillow 13. RESOLUTION NO. 9965 - The amendment increases San Diego Transit's claim on Chula APPROVING FIRST AMENDMENT Vista's LTF monies from $70,032 to $111,306 (an increase TO THE AGREEMENT BETWEEN of $41,274 or about 60%). The claim is due primarily to: THE CITY AND SAN DIEGO (1) a 4 cent increase in gross cost/mile due to increased TRANSIT FOR PROVISION OF fuel costs; and (2) an unexpected 5 cents reduction in the INTERCITY SERVICE DURING Transit Company's local passenger revenue credit given to FISCAL YEAR 1979/80 jurisdictions that contract for their services. 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, Cox, Hyde, McCandliss Noes: None Absent: Councilman Gillow Held Tuesday - 7:00 p.m. -6- February 12, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.] 14. RESOLUTION NO. 9966 - On March 20, 1979, the Council approved a resolution REQUESTING MTDB TO requesting MTDB to hold $200,000 of the City's 1979 LTF UNRESERVE $200,000 OF reserve funds for the purchase of eight buses. An THE CITY'S FY1979 LTF additional 6 used buses were planned to be purchased this RESERVE FUNDS FOR PUR- year for about $150,000 of the City's FY1979-80 allocated CHASE OF USED BUSES AND LTF monies. The Development Services Administrator RERESERVE TBESE FUNDS recommended that the Council: (1) Approve the rehabilita- FOR REHABILITATION OF tion of 14 CVT buses by Aztec Bus Lines; (2) Request MTDB CVT BUSES to unreserve $200,000 for the City's FYi979 LTF reserve funds previously reserved for purchase of 8 used buses; and (3) Request MTDB to rereserve these funds for rehabili- tation of 14 CVT buses. 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, Cox, Hyde, McCandliss Noes: None Absent: Councilman Gillow CONTINUED MATTERS AND SECOND READING OF ORDINANCES iS. REPORT ON REQUEST FOR In a written report to Council, City Engineer Lippitt ACCESS EASEMENT ACROSS explained that Charles Camarata requested an access eased CITY-0WNED PROPERTY ment across City-owned property north of "H" Street and west 1-805 to serve three homes he plans to build. The City Engineer stated that the City trucks are using this road to dispose of excess dirt and concrete material in a low portion of the property. Mr. Lippitt recommended denial of the request since allowing adjacent homeowners to share the narrow roadway with City trucks would create an unsafe condition and would eventually create a demand for City roadway maintenance by the home owners. Motion to deny It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried by those present to accept the staff's report (deny the request). 16. ORDINANCE NO. 1894 - Under the proposed amendment, a developer of a new commer- AMENDING SECTION cial building or a commercial addition to an existing 19.62.040 OF THE building within the territory of the Town Centre-Downtown MUNICIPAL CODE RELATING Parking District would be required to pay an in-lieu TO ALTERNATIVES TO ON- parking fee to the City. The revenue produced by the SITE PARKING - SECOND in-lieu fee~ would be used to provide public parking for READING AND ADOPTION the urban core of this municipality. The ordinance was placed on first reading at the meeting of February S, 1980. Motion to place It was moved by Councilman Scott that the ordinance be ordinance on second placed on second reading and adopted, and that the reading reading and adoption of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Hyde, McCandliss Noes: None Absent: Councilman Gillow 17. ORDINANCE NO. 1895 - The ordinance, which was placed on first reading at the AMENDING SECTION 9.12.130A meeting of February 5, 1980, allows the game of "Break OF THE MUNICIPAL CODE TO open". EXPAND THE DEFINITION OF BINGO - SECOND READING AND ADOPTION Motion to place It was moved by Councilman Scott that the ordinance be ordinance on second placed on second reading and adopted, and that the reading reading and adoption of the text be waived by unanimous consent of those present. AYES: Councilmen Scott, Cox, Hyde, McCandliss Noes: None Absent: Councilman Oillow Held Tuesday - 7:00 p.m. -7- February 12, 1980 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) 18. ORDINANCE NO. 1896 - The ordinance, which was placed on first reading at the AMENDING CHAPTER 6.04 OF meeting of February 5, 1980, was designed to meet the THE MUNICIPAL CODE BY problem of young teenagers carrying snakes on their person ADDING A NEW SECTION in public places and scaring unsuspecting members of the 6.04.111 RELATING TO public. THE KEEPING OF REPTILES - SECOND READING AND ADOPTION Motion to place ordinance It was moved by Councilman Scott that the ordinance be on second reading and placed on second reading and adopted, and that the reading adoption of the text be waived by unanimous consent of those present. AYES: Councilmen Scott, Cox, Hyde, McCandliss Noes: None Absent: Councilman Gillow 19, REPORT OF THE CITY MANAGER a. Transit Coordinator City Manager Cole reported that Jack Bloom, Transit Coordi- leaving City hater, has accepted a position outside the City. Mr. Bloom sa~d he accepted the position of General Manager of the Matin County Transit District starting March 17, 1980. 20. REPORT ON SUB-STANDARD At a recent Council meeting, Mr. Clarence Knight complained SIDEWALK ON JEFFERSON about the narrow sidewalk indicating that the standard AVENUE BETWEEN FLOWER width for sidewalks is five feet whereas this one is four AND "E" STREETS feet. In a report to Council, City Engineer Lippitt explained that at the time the sidewalk was constructed, the standard width was four feet and that one of the reasons the five foot sidewalk is more important is that now all of our sidewalks are built adjacent to the curb. Mr. Lippitt added that the five foot sidewalk here was not necessary and that if it were to be recommended, its priority in comparison to other construction priorities in the City would be very low. Clarence Knight Mr. Knight spoke against the 4 foot sidewalk indicating it 117 Jefferson Street was hazardous to those in wheelchairs. Chula Vista Motion to refer to It was moved by Mayor Hyde and seconded by Councilman Cox Safety Commission to refer this matter to the Safety Commission. Discussion of motion In answer to Councilman Scott's question, City Engineer Lippitt remarked that approximately 15% to 20% of the sidewalks are unsafe throughout the City and not just this particular area. Mayor Hyde said this was the intent of his motion. Motion carried The motion to refer this matter to the Safety Conm~ission carried unanimously by those present. 21. REPORT ON STAFF REQUEST Development Services Administrator Robons recommended that TO SCOOT BOARD ON TRANSIT the Council approve having the SCOOT Board formally request MAINTENANCE FACILITY the County to finance $230,000 from its FYS1 allocated LTF FUNDING monies for construction of a proposed South Bay maintenance facility. $100,000 of the City's FY81 allocated LTF monies is anticipated to be budgeted towards the estimated $330,000 total construction costs for such a facility. Motion to approve It was moved by Councilman Cox, seconded by Councilman recommendation Scott and unanimously carried by those present that the report be accepted. Held Tuesday - 7:00 p.m. -8- February 12, 1980 REQUESTS AND REPORTS OF BOARDS AND COMMISSIONS 22. REPORT ON PARKING METERS A report was submitted from the Safety Commission and AND BUS STOP LOCATION, Parking Place Commission with the following recommendations: AREA OF THIRD AVENUE AND "F" STREET (1) Approve the installation of "12-minute meters" as permanent fixtures on the north side of "F" Street. (2) Not relocate the CVT bus stop in this area (the bus stop to remain where it is presently located on "F" Street west of Church Avenue in front of Security Pacific Bank). (3) Not install additional "12-minute meters" on Third Avenue near "F" Street (near the Chula Vista Pharmacy) pending a study relating to the outcome of the "12-minute a. REPORT OF THE CITY City Engineer Lippitt referred to his written report to ENGINEER Council in which he explained his concurrence with the reconunendations of the Safety and Parking Place Commissions. Michael Steiner Mr. Steiner said he was in full favor with the recommenda- Merle Norman Cosmetics tions of the Safety and Parking Place Commissions. 287 "F" Street Chula Vista Motion to accept It was moved by Councilman Scott, seconded by Councilwoman recommendations McCandliss and unanimously carried by those present to accept the recommendations of the Safety and Parking Place Commissions. MAYOR'S REPORT 25. EXPIRATION OF TERM Mayor Hyde commented that the terms of office for two o£ the FOR TWO DESIGN REVIEW committee members will expire on February 14, 1980. Mr. COMMITTEE MEMBERS Steve Owens has expressed a desire to be reappointed; however, Mr. Tom Money has stated he will not be able to continue. ~{ayor Hyde stated that he will reappoint Mr. Owens to the Committee. Motion to ratify It was moved by Councilman Scott, seconded by Councilwoman appointment McCandliss and unanimously carried by those present that the reappointment of Mr. Owens be ratified. Motion to write a It was moved by Mayor Hyde, seconded by Councilwoman letter of thanks McCandliss and unanimously carried by those present that a letter of appreciation be written to Mr. Money thanking him for his services on this Committee. COUNCIL COMMENTS (None) ADJOURNME~F Mayor Hyde adjourned the meeting at 8:25 p.m. to the meeting scheduled for Thursday, February 14, 1980 at 4:80 p.m.  City ~