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HomeMy WebLinkAboutcc min 1981/03/24 MINUTES OF A REGULAR MEETING OF TttE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - March 24, 1981 Council Chambers, Public Services Building ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of March 12 and 17, 1981 MSUC (McCandliss/Hyde) to approve the minutes, as mailed. Councilman Cox abstained from voting on tho minutes of March 12 since he was absent from that meeting. 2. SPECIAL ORDERS OF THE DAY a. Presentation by Sweetwater VallFy Civic Association regardin~ annexation feasibility study Kathleen Suros, representing the Association, presented the Council with the preliminar annexation study by the Sweetwater Valley Civic Association study group which has been researching the annexation issue for two years. The re~ort has now been adopted by the Association's Board of Directors and was being presented to the Council for its review and comments. 3. ORAL COmmUNICATIONS a. James Matherly, 4010aklawn~ requested that the City Council and Metropolitan Transit Development Board stop construction on the "Tijuana Rapid Transit Trains" and he further expressed his concern over the escalating high government debt. b. Jerry Valk, 291 Camino Vista Real, complained about not being given a chance to speak to the Council at the joint meeting with the School District on March 19, 1981. He also expressed his strong concern regarding the lack of school Facilities in new developments and the capability of the school districts to accommodate student populati to be served in these new areas (i.e. East Lake, etc.) Mayor Hyde responded that the City Council has opposed new development in cases wbere the school districts have been unable to meet increased enrollments and that before any new subdivision is passed, the City must have on file ~ letter from the school districts stating that the student population can be accommodated. Mr. Valk requested permission to readdress this issue when the Council discusses Hidden Vista Village (Item 9a-f) on the agenda. Permission was granted. 4. WRITTEN CO~4UNICATIONS. (None) PUBLIC HEARINGS AND RELATED ORDINANCES S. PUBLIC HEARING CONSIDERATION OF PREZONING A 15,840 SOUARE FOOT LOT AT 908 THIRD AVENUE TO C-C a. ORDINANCE 1938 PREZONING PROPERTY AT 908 THIRD AVENUE TO C-C - FIRST READING This being the time and place as advertised, Mayor ltyde opened the public hearing. Director of Planning Peterson, referring to his written report, stated that the applicant is requesting prezoning of the property to C-C (Central Commercial). It is presently zoned C-36 in the County. The parcel measures 79' x 200' located on the west side of Third Avenue about 150' south of L Street which abuts the City limits along the northerly property line. The site is presently being used for the sale of trailers and campers. The Planning Commission recommended approval of the prezoning. The proposed project is exempt from environmental review as a class 3(c) exemption. City Council Meeting -2- March 24, 1981 Mr. Peterson stated that it is applicant's proposal to annex the property to the City and develop an auto parts store and machine shop, which uses are consistent with the General Plan. Lyall Jenkins, 602 ~{elrose Avenue, the applicant, offered to answer any questions raised by Council. He indicated that the proposed structure would be a new building and he hoped that the store would be a beneficial addition to the City. There being no further comments, either for or against, the hearing was declared closed. MSUC (Cox/Gillow) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 6. PUBLIC }{EARING - CONSIDERATION OF REZONING 19 ACRES ON BOTH SIDES OF BRANDYWINE AVENUE, NORTH OF OTAY VALLEY ROAD, FROM R-1-H TO I-L-P a. ORDINANCE 1939 - REZONING 19 ACRES ON BOTH SIDES OF BRANDYWINE AVENUE, NORTH OF OTAY VALLEY ROAD, FROM R-1-H TO I-L-P - FIRST READING This being the time and place as advertised, Mayor Hyde opened the public hearing. Referring to his written report, Director of Planning Peterson explained that the applicant is requesting rezoning from R-1-H to I-L. He discussed the adjacent zoning, land use and conformance to the recently amended Land Use Element of the General Plan. On February 25, 1981, the Planning Commission recommended the rezoning to I-L-P in accordance with their Resolution PCZ-80-F. Mr. Petorson stated that the Precise Plan Modifying District was attached to the zone in order to establish guidelines to address potential problems and issues associated with the property - the multiple owne~ ship, topography, adjacency to single-family residential areas and a large panhandle lot with only a 13-foot access available. Mr. Peterson stated that he concurs with the Planning Commission's recommendation in favor of the rezoning subject to the guidelines contained in Planning Commission Resolution No. PCZ-80-F. Dick Kau, the applicant, 3404 Bonita Road, stated that they have no problem with the conditions specified in the Planning Commission's recommendation, except that the cul-de-sac proposed for Timber Street may pose some difficulty because it is not on their property. There being no further comments, either for or against, the hearing was declared closed. MSUC (Scott/Cox) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. RESOLUTIONS AND ORDINANCES, FIRST READINGS 7. RESOLUTION APPROVING THE RESUBMITTAL OF LOCAL COASTAL PLAN FOR CHULA VISTA BAYFRONT LCommunity Development Director Desrochers submitted a report stating that the Superior Court has instructed the Coastal Commission to conduct a re-hearing of the City's Local Coastal Plan. He explained that the Planning Commission and City Council/Redevelopment Agency approved the Local Coastal Plan (LCP) in February, 1979. The San Diego Coast Regional Commission approved the LCP with several exceptions most notedly the limitation of the size of the hotel on Gunpowder Point to 350 rooms. The recommendation of the Community Development Director was to resubmit the LCP to the State ~nchanged (same as submitted in .June 1979). His recommendation was based uD( the advice of Special Counsel Clifton Reed. Mr. Desrochers presented slides of th~ 8 year old Sedway/Cook¢ Plan and graphically demonstrated the causes of disagreement with the Coastal Commission on the use of Gunpowder Point and the definition of the land by the Commission as environmentally sensitive marsh versus the definition in the LCP as uplands adjacent to marsh. City Council Meeting -3- March 24, 1981 Clifton Reed, Redevelopment Agency Special Counsel, 652 "N" Street, explained the requirements of the Peremptory Writ of Mandate filed by the Pacific Legal Founda- tion in Sacramento and responded to Council's questions related to the resubmittal of the LCP (as originally submitted in 1979) and the response ordered by the Superior Court to be made within 60 days of filing of the Writ of Mandate which took place on March 8, 1981. Mayor Hyde commented specifically on CALTRANS' modifications to two freeway ramps formerly located on the west side of 1-5 which are reflected on the 1979 LCP. Questions may be raised by the State Commission if they are aware of the discrepancy in configuration of freeway ramps as they existed then and as now deleted. Mr. Desrochers clarified the configuration, stating that Tidelands Avenue will not now have access from the freeway at that point and that the interchange will provide ramps that will exit at "E" Street from State Route 54 and that Tidelands Avenue at the "D" Street fill is not proposed to have access. Mr. Reed added that the Coastal Commission is aware of that change. MSUC (Scott/Gillow) to accept the report as presented by staff. 8. RESOLUTION 1041S APPROVING THE CLAIM FOR 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAl, YEAR 1981-82 The Engineering staff submitted a claim for $51,000 for the 2% non-motorized Transport- ation Development Act funds for fiscal year 1981/82. This claim will be used to fund the construction of bicycle improvements along Telegraph Canyon Road between Hilltop Drive and L Streets in conjunction with other street improvement activities along that road segment. RESOLUTION OFFERED BY MAYOR HYDE, the reading of the text was waived by unanimaus consent, passed and approved unanimously. 9a. RESOLUTION 10416 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 80-15, HIDDEN VISTA VILLAGE, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COM- PLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT PROVIDING FOR APPROVAL OF THE FINAL MAP FOR HIDDEN VISTA VILLAGE PRIOR TO APPROVAL OF GRADING AND IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS b. RESOLUTION 10417 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM THE VILLAGE COMPANY FOR LOT 319 IN CHULA VISTA TRACT 80-15 FOR FIRE STATION c. RESOLUTION 10418 RESOLUTION OF TttE CITY COUNCIL OF THE CITY OF CNULA VISTA ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM THE VILLAGE COMPANY FOR LOT "C" IN CHULA VISTA TRACT 80-15 FOR CITY PARK SITE d. RESOLUTION 10419 RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CASH DEPOSIT IN THE AMOUNT OF $16,100 TO BE USED FOR THE FUTURE ACQUISITION AND CONSTRUCTION OF BAY LEAF DRIVE CONNECTION TO LYNWOOD DRIVE e. RESOLUTION 10420 RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA ACCEPTNG GRANT DEED TO CERTAIN REAL PROPERTY FROM THE VILLAGE COMPANY FOR ONE FOOT CONTROL LOTS L~ M~ N AND X IN CHULA VISTA TRACT 80-15 f. RESOLUTION 10421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHDLA VISTA ACCEPTING GRANT OF EASEMENT FROM THE LAWRENCE GILBERT COMPANY AND GILBERT AND EVELYN H. DREYFUSS FOR DRAINAGE PURPOSES City Council Meeting -4- March 24, 1981 RESOLUTIONS AND ORDINANCES (Continued) Resolutions a through f represent the agreements associated with the Hidden Vista Village Subdivision, located east of 1-805 generally between Bonita Road to the north and East J Street to the south. The subdivision comprises 423,337 acres: 355 lots to be developed with 954 units. The Engineering Department staff has checked the final map and found it to be in conforl with the tentative map approved by the City Council by Resolution Nos. 10081-A and 1019~ The grading and improvement plans have not been completed and a supplemental agreement has been prepared providing for the timely completion of these plans and all work necessary for the provision of grading and public improvements. Bonds guaranteeing this work have been submitted by the developer in the amount of $4,862,000. A condition of the map requires the developer to provide water service to their property and in order to do this, they need to build a roadway 30 feet wide between their eastern boundary easterly along the proposed H Street alignment to the approximat location of Paseo Ranchero. Staff has been discussing with the developer the possi- bility of doing additional grading (at City's expense) to complete the necessary grading for Phase I portion of H Street. Lot 319 has been designated as the location for a new fire station and a grant deed for this lot has been submitted for approval (9b). A grant deed for Lot C has also been prepared for Council acceptanc~which lot will be used for a park site (9c). Director of Planning Peterson stated that although this item is the City Engineer's report, he wished to address Mr. Valk's earlier comment regarding the school districts' notificat~ns. Mr. Peterson advised that letters were received and are on file cee- firming that each school district can provide schools for the increased enrollments resulting from the Hidden Vista Village subdivision. Both letters are dated March, 1981 He further stated that during the past 8 years of his tenure with the City that similar letters are on file for every tentative map filed with the school districts. In answer to Mayor Hyde's inquiry, Mr. Lippitt stated that siltation plans and erosion control plans are the developer's responsibility under contract with Watt Industries. He stated that during the construction phase (and thereafter) a series of siltation basins and check dams are located on the site to catch any siltation. Mr. Lippitt added that in his opinion there would be less siltation downstream at the Bonita Road location both during construction and after completion than there is no Mayor Hyde recalled Mr. Valk to the podium to address his concern regarding notificatio from the school districts. Mr. Valk read excerpts from a 1979 EIR indicating that the school districts were at capacity service levels. It was then noted by Council woman McCandliss that the districts recently reported declining enrollments and that the letters on file (referred to by Mr. Peterson) are dated March i3, 1981. RESOLUTIO~OFFERED BY COUNCILWOMAN MC CANDLISS, the reading of the texts were waived by unanimous consent, passed and approved unanimously. 10. RESOLUTION 10422 APPROPRIATING FUNDS FOR LOCAL HISTORY ROOM PHOTOGRAPHS At the meeting of ~arch 17, 1981, the City Council approved the request of the Resource Conservation Commission for funds to supplement their pledge of unbudgeted funds of $500 in order to help in financing processing of approximately 400 pictures for the library's local history room. RESOLUTION OFFERED BY MAYOR HYDE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 11. ORDINANCE 1940 N4ENDING CHAPTER 9.20 - CHARITABLE SOLICITATIONS - FIRST READING The California Appellate Court has ruled that the standard ordinance adopted by most cities regulating charitable solicitations is unconstitutional on its face as an abridgment of the First Amendment rights. The ordinance, as uroposed, repeals the major sections of the City's regulatory ordinance and significantly amends those provisions which still have validity. City Attorney Lindberg explained that additional deletions from the redrafted ordinance may be necessary in Section 9.20.070, subsections I. 3, 4 and 5 in order to achieve conformity with the U.S. Supreme Court and Superior Court rulings protecting rights under the First and Fifth Amendments. By general consent the Council agreed to City Council Meeting -5- March 24, 1981 11. ORDINANCE 1940 (Continued) refer the item to Director of Public Safety Winters so that questions related to photographs of applicants for solicitation permits, fingerprinting and statements of convictions may be interpreted from both the legal and Police Department per- spectives. MSUC (Cox/Scott) to continue the item to the next regular meeting and to refer the questions to the Director of Public Safety for Police Department review and comment. 12. ORDINANCE 1936 AbIENDING SECTION 15.56.010 OF THE MUNICIPAL CODE RELATING TO CERTIFICATE OF OCCUPANCY REQUIREMENTS FOR CONDOMINIUMS - SECOND READING AND ADOPTION At the meeting of March 17, the Council placed the ordinance on first reading. The ordinance spells out the prerequiskes to the issuance of certificates of oc- cupancy for units in condominium conversions. Specifically, in new structures, utility meters will not be installed by SDG&E unless authorized to do so by the Building and Housing Department. City Attorney Lindberg explained that the ordinance has been revised to require the local utility companies to remove meters from all units which are unoccupied at the time the final subdivision map is recorded and utility service will not be pro- vided to those units until authorized to do so by the Director of Building and Ilousing. MSUC (Scott/Hyde) to place the ordinance on second reading, and adoption, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 13. ORDINANCE 1937 PAIENDING SECTION 15.56.020 C OF THE CHULA VISTA ~NICIPAL CODE RELATING TO STORAGE REQUIREMENTS FOR CONDOMINIIBIS - SECOND READING AND ADOPTION The ordinance involves a proposed amendment to the condominium regulations of the Municipal Code to redefine the location and distribution of the required storage space for condominiums. The ordinance was placed on first reading at the meeting of March 17, 1981. MSUC (Gillow/McCandliss) to place the ordinance on second reading and adoption; the reading of the text was waived by unanimous consent, passed and adopted, Councilman Cox voting "no". 14. REPORT OF THE CITY MANAGER a. Report on Glenn Restaurant Proposals Assistant City Manager Asmus submitted a detailed written report explaining that two proposals were received and evaluations of those two proposals indicate that the one submitted by Jimmy's Family Restaurants meets or exceeds the criteria set forth in the Notice Inviting Proposals. Mr. Asmus discussed the proposer's background, business reputation and financial capability to operate the facility recommending approval of this proposal along with the following: (1) conceptual approval oF the floor plan subject to minor modifica- tions; (2) authorize staff to negotiate the terms and conditions of a lease agreement subject to Council approval; (3) authorize the proposer, at his own risk and expense, to proceed with the preparation of architectural and other services and develop com- plete plans and specifications for the expansion and renovation of the facility; (4) direct staff to assist the proposer in scheduling architectural plan review by the Design Review Committee; (5) direct that final plans and lease agreement be sub- mitted to and approved by the City Council prior to commencement of renovation and expansion unless specific authorization is obtained by the Council to modify this direction. Peter Kay, 550 Oxford, San Diego, representing Jimmy's Family Restaurants, responded to Council's questions regarding banquet capacity, stating that 200 people could be accommodated. Ile also indicated that the facility is designed to attract and cater to three distinct types of customers, i.e. golfers, private diners and banquet attendants City Council Meeting -6- March 24, 1981 14a. Report on Glenn Restaurant Proposals (Continued) Tom Kenny, 9779 Alta Drive, La Mesa, addressed the Council on behalf of the Pulido/Kiffee proposal and indicated in his opinion that Mr. Pulido's proposal was not given sufficient consideration in spite o£ the fact that the proposal met all of the criteria of the Notice Inviting Proposals. Mr. Pulido addressed the Council in favor of his package, stating that he has prepared another plan designed to accommodate 800 people in a banquet facility. He offered to submit the alternate plan for Council review, if requested. Councilwoman McCandliss advised Mr. Kenny that the Council had been given the opportunity to review the Pulido/Kiffee proposal. Councilwoman McCandliss inquired as to whether a banquet capacity of 200 would be adequate to retain banquet volume achieved in the past and whether that capacity could be increased if desired. Mr. Asmus responded that the currently proposed plan would enable the restaurant to do a better job than in the past, but that in terms of capacity, it would probably not accommodate a much larger crowd than the old facility. There was continued questioning and discussion among the Council concerning the banquet capacity and the potential for expanding the banquet facilities in the future~ MSUC (McCandliss/$cott) to approve the Assistant City Manager's recommendation and to accept the report in favor of Jimmy's Family Restaurants. b. Four Page Spread in Chamber of Commerce Consumer Guide City Manager Cole requested Council approval to take out a four page spread featuring crime prevention information, Handy-trans and Chula Vista Transit in the Chamber of Commerce Consumer Guide at a cost not to exceed $2,000. Councilman Scott spoke in opposition to the expenditure. MSC (Gillow/Hyde) to take out a four page spread as outlined by the City ~anager in the Chamber of Commerce Consumer Guide for a cost not to exceed $2,000. Councilman Scott voted "no". c. Date for CIP Tour City Manager Cole requested that Council set a date for the CIP tour. MSUC (Hyde/Cox) to schedule the CIP tour for Saturday, April 4, 1981, at 8:00 a.m. d. MSUC (Scott/Gillow) for Closed Door Session to discuss pending litigation. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. Report on request from Chamber of Commerce for assistance in display booth eonstructim The Chamber requested the City's assistance in provi~mg booths for their "Business Salutes Chula Vista Fair" and suggests that they will store the booths for Future fairs and will loan them to the Boy Scouts, Jaycees and the Chula Vista Art Guild, as needed. The Director of Parks and Recreation recommended approval oF the $1~300 needed for this construction. The funds would be expended from the $25,000 appropriat~ for economic development in the Community Promotions Activity. MSUC (Scott/gillow) to accept the report and the staff's recommendation. Councilman Scott amended his motion to include the proviso that if any problems develop with this matter that staff come back to Council immediately. 16. MAYOR'S REPORT a. Report on San Diego Association of Governments (SANDAG) Director's remuneration Mayor Hyde reported that all of the member cities of SANDAG, with the exception of Chula Vista, have approved the increase from $S0 to $?S for board member attendance at regular meetings of that organization. City Council Meeting -7- March 24, 1981 16. MAYOR'S REPORT (Continued) MS (Gillow/McCandliss) to approve the increased remuneration for SANDAG Directors for meeting attendance. The motion failed by the following vote: AYES: Gillow NOES: McCandliss, Cox, Scott ABSTAIN: Hyde b. Mayor's meeting with Port Commissioner Mayor Hyde reported on a meeting held today with the Port Comnissioner and the Director of Public Safety concerning vandalism at the J Street Marina area. Staff will look into imposing a ban on alcoholic beverages as a step toward reducing vandalism. c. MSUC (Hyde/Scott) that the City Attorney's memorandum regarding taxicab operations be referred to the City Manager for review and comment. 17. COUNCIL CO~ENTS a. Councilman Scott discussed the number of police vehicle accidents. MSUC (Scott/Gillow) that a study be conducted of the safety records and causes and frequency of accidents involving police vehicles. b. Councilman Scott recommended a study of bicycle safety education and enforcement programs. MSUC (Cox/Scott) to research bicycle safety programs with emphasis on education in the schools and enforcement vis-a-vis issuing citations by police. c. MSUC (Cox/Scott) for a letter to be sent to the Senate Education Committee indicating the Council's favorable rapport with the school district and opposing AB 255. d. Councilman Cox advised that the ad hoc committee (City/School will meet on Monday with City Attorney and City Manager. e. Councilman Cox requested that the Council reaffirm its position in support of a correctional facility at Otay Mesa on the bases that it wonld aesthetically enhance the area and provide employment opportunities for area residents. MSUC (McCandliss/Scott) to continue discussion of this item to the next regular meetin1 on April 7th. f. City Manager Cole requested cancellation and reseheduling of the Marina financing issue from the March 26th meeting scheduled for discussion at 4:00 p.m. Mr. Cole recommended that the 7:00 p.m. item on that date be moved to 4:00 p.m. (i.e. salary negotiations). MSUC (Hyde/McCandliss) to consider salary negotiations at 4:00 p.m. at the Council Conference on Thursday, March 26th and to reschedule discussion of Marina financing. At 9:25 p.m. the Council recessed to Closed Door Session for reasons of pending litigation The City Clerk was excused and the City Manager reported that the session ended at 9:40 p.~ ADJOURNMENT at 9:40 p.m. to the meeting scheduled for March 26th at 4:00 p.m. and to April 7th at 7:00 p.m. ~/75,// -~ennie STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING 0RDI COUNTY OF SAN DIEGO ) ss OF ADJOURN~ENT OF MEETIN( CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say: That I am the duly chosen, qualified and acting City Clerk of the City Council of %he City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held Tuesday, March 24, 1981 and said meeting was adjou~rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, March 25, 1981 at t~he hour of 10:20 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of March 24, 1981 was held. Subscribed and sworn to before me this ~ay of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, March 24~ 1981 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following Councilmen present:Mayor Hyde, Councilmen Scott.Gillow.Cox. M~Candlis~ Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 9:40 p.m. until~~ March 26, 1981 at 4 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of March 24, 1981