HomeMy WebLinkAboutcc min 1982/01/19 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, January 19, 1982 - 7 P.M. Council Chamber, Public
Services Building
ROLL CALL
Councilmen present: Mayor Cox, Councilmembera McCandliss, Scott,
Gillow, Campbell
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 Cox, followed by a
moment of silent prayer.
1. APPROVAL OF MINUTES for the meeting of January 9 and 12, 1982
MSUC (Scott/Campbell) to approve the minutes as mailed.
2. SPECIAL ORDERS OF THE DAY
a. Introduction of Council Guest - Paul Gibson
Mayor Cox announced that Paul Gibson, owner of Gibson's Union 76
and member of the Chamber of Con~merce Board of Directors was not
present at this time and would be introduced when he arrives.
b. Introduction of Foreign Students from Austr~$a
Mrs. Doris Cox introduced five Australian exchange students who
were visiting the United States through the Lion's Club Exchange
Program. Following introductions, each student was presented with
a certificate and City pen in commemoration of the visit.
c. Presentation by SANDAG on the Re$ional .~ner~y Plan
Steve Sachs, on behalf of SANDAG, explained the Regional Energy
Plan Update program, stating that its purpose is to assess the
energy situation in the San Diego area; to provide the information
needed by local governments and citizens to enable them to make
wise decisions; and help ensure an adequate supply of energy for
future demands as inexpensively as possible. Mr. Sachs displayed
graphics to illustrate energy flow, usage, availability, and
sources (i.e. fossil fuels, geothermal, nuclear) using 1980 as a
base year projected through 2000. He concluded his presentation
with statistics on the expenditures for energy of average families
in the San Diego Region; noted the importance of the issues and
decisions surrounding energy in terms of quality of life; and sta-
ted that a final report with recommendations will come back to the
Council within the next couple of months.
3. ORAL COMMUNICATIONS
a. Mr. H.S. Molskt, 4409 Woodlawn Avenue, stated that a dangerous
"rise" exists in the road at the intersection of Woodlawn Avenue
and "H" Street of approximately "six inches within three feet" and
it has caused "jarring" and "bottoming out" of vehicles. He re-
quested Council action to see what can be done to correct it.
MSUC (Scott/McCandliss) to refer this to staff for a report back
to City Council.
b. Mr. Molskl also advised Council that since completion of the "H"
Street Trolley Station an unpleasant situation has evolved in that
night passengers use the area behind the newly constructed wall as
a "relief station", and he stressed the need for a restroom or
City Council Meeting Page 2 January 19, 1982
portable toilet. Development Services Administrator Robens com-
mented that addition of a restroom has been discussed by MTDB
Board and staff and the decision was postponed because of the risk
of vandalism and MTDB budget restraints.
MSUC (Scott/McCandliss) to refer this again to MTDB to see if
there can be some resolution to the problem.
Development Services Administrator commented that a policy de-
cision was made six to nine months before completion of the sta-
tions not to construct restrooms at any of the locations, and that
it may be the proper time to re-present it.
4. WRITTEN COMMUNICATIONS --None
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCE
5. PUBLIC HEARING APPEAL OF PLANNING COMMISSION DENIAL OF COND-
ITIONAL USE PERMIT TO USE HISTORIC BUILDINGS
FOR PROFESSIONAL OFFICE USE IN R-1 ZONE, 43
AND 47 EAST "H" STREET GEORGE A. PANNEL
(DIRECTOR OF PLANNING)
This being the time and place as advertised, Mayor Cox opened the pub-
lic hearing.
Director of Planning Peterson reviewed the history of the Planning Co-
mmission's denial of applicant's request to move the "Our House" struc-
ture (historical site #4) presently located at 666 Third Avenue and
another historical structure to be determined at a later date onto two
parcels located at 43 and 47 East "H" Street in the R-i-10 zone to be
used as professional offices. The other historical structure ten-
tatively under consideration is the Greg Rogers House, pending the out-
come of the Chamber of Commerce proposal to acquire and relocate the
structure. If the Chamber does acquire the house, applicant has ex-
pressed interest in relocating and restoring either the Cordrey House
or Johnson House which are now located in the R-3 zones.
Director Peterson commented on the findings of the Planning Commission
leading to denial of the appeal; namely, that office activity would be
in- compatible with existing single family homes; approval would pre-
cipitate additional demand for commercial/office development in the
area; and that traffic conflicts would result on East "H" Street.
Director Peterson reviewed Council's action three years ago amending
the Zoning Ordinance to allow historic structures to be used for office
purposes in the R-1 and R-3 zones on a conditional use permit basis.
This application is the first proposal for such use and applicant has
proceeded with the knowledge that that particular section of the ord-
inance would be reviewed very carefully. Mr. Peterson commented on the
proposal, indicating that the two lots would be served by a common
driveway with the parking area located in the rear and separated from
the single family area to the north by a nine foot wide landscaped
strip and a six foot fence. Two primary concerns during evaluation
concerned traffic safety on "H" Street and compatibility with the ad-
jacent residential areas. Referring to traffic safety, Mr. Peterson
stated that the application was coordinated with the City's Traffic
Engineer who expressed the opinion that there will be no unacceptable
traffic hazard associated with the proposed office uses. A condition
of approval was added to specifically prohibit medical and dental
offices because they would generate significantly more traffic than
general office uses.
Mr. Peterson recommended that the application be approved subject to
the Planning Commission's thirteen conditions of approval and noted
that a four-fifths vote of the Council would be required to override
the Planning Commission's denial.
Mr. Peterson responded to Council's questions concerning permitted
uses; calculations of traffic counts of 24 residential trips per day
compared to 74 for office uses; the time period for completion of
City Council Meeting Page 3 January 19, 1982
renovation on cases where historic structures are moved; requirements
for building/moving permits; whether a "loophole" in the ordinance
would permit the applicant to move the structure(s) on to the parcels
and do nothing with them; why a sidewalk would be required adjacent
to"H" Street as a condition of approval (condition "1") since that
would be the only sidewalk on the north side of the street.
Councilman Campbell commented that in the absence of evidence of a com-
pelling reason he could not accept the recommendation to override the
denial of Planning Commission. He felt that there would ultimately be
a traffic problem that would grow as "H" Street is extended, and also
that integration of commercial activity within a totally residential
area would invite other similar requests.
George Pannel, applicant, 13715 Proctor Valley Road, Jamul, commented
on his objective of "saving some part of Chula Vista's history" and
recounted his difficulty in finding a suitable site since, because of
the costs of removing utility lines (cable, telephone and electrical),
the 35 foot house could only be relocated where utilities have been
undergrounded. In further testimony, Mr. Pannel briefly reviewed the
history of the "Our House" structure, stated that it would be restored
to its original style and character, and urged Council approval of this
appeal.
Stephen George, Jr., 6856 Deerrun Place, San Diego, Traffic Consultant
representing applicant, stated that he has independently examined tra-
ffic impacts of the proposal and concurred with the findings of the
City's Traffic Engineer and the mitigations measures proposed.
Speaking in opposition: Mr. S. Missri, 74 Via de Laurencio; Arthur J.
Johns, 70 E1 Rancho Vista, stated that he represented homeowners in
the adjacent residential areas who were present in the audience. Upon
his request, approximately 25 individuals rose to signify their united
opposition. Rick Arendt, an adjacent homeowner and Chula Vista police
officer; Frank Wittington, Hilltop Drive; Dr. Ralph Giddings, a res-
ident in the E1 Rancho Vista area, whose residence would be located
directly behind (northwest) the proposed site; Bernard Romanowski, 64
Via de Laurencio; Dr. Jim Ishim, a resident in the adjacent area.
Mr. Pannell stated he was surprised over the opposition since there was
no indication from those individuals at the Planning Commission hear-
ing. He commented that if Council does not approve his appeal, ac-
cording to the ordinance he could move the house on to the site as a
residence. In further comment, he requested Council direction as to
alternative sites, noting that he would be most willing to listen to
suggestions.
There being no further comment, either for or against, the hearing was
declared closed.
Additional comment concerned the need and desire to save historical
sites, but that the intent in this instance is actually to develop an
office building in an R-1 zone. Noting the four months that applicant
has been working on this proposal, Council recommended that in the fu-
ture when a proposal concerns historical sites that Council be advised
sooner than this.
MSUC (Scott/McCandliss) to uphold the decision of the Planning Co-
mmission denying the appeal.
Council discussion and comment concerned the availability of land that
the house could be moved to as an interim location to prevent dem-
olition until a permanent site is found. The possibility was suggested
of negotiating with Watt Industries to find a location there.
MSUC (Gillow/McCandliss) to ask staff to work with Mr. Pannel in con-
tacting Watt Industries to see if there is any way that the house could
be accommodated, including a temporary location (on the Watt
City Council Meeting Page 4 January 19, 1982
property).
.6. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP
FOR HILLTOP TERRACE, CHULA VISTA TRACT 82-6,
NORTHEAST CORNER OF TELEGRAPH CANYON ROAD AND
NACION AVENUE DALE BUILDING COMPANY
(DIRECTOR OF PLANNING)
This being the time and place advertised, Mayor Cox opened the public
hearing.
Director Peterson s,,mmarized his staff report indicating that applicant
is seeking approval of a tentative subdivision map for Hilltop Terrace
(CVT 82-6), located at the northeast corner of Telegraph Canyon Road
and Nacion Avenue in the R-3-P-12 and CN zones. The developer proposes
to subdivide 8.2 acres into one 0.6 acre neighborhood commercial lot
and five residential lots containing a total of 90 condominium units on
7.6 acres which are to be constructed in a phased development. Re-
garding the condominium units, the Director of Planning commented that
the 90 units will be constructed in 24 two-story buildings; a total of
176 parking spaces will be provided which will include 120 garage
spaces, 48 guest and 8 RV spaces; the buildings will be of contemporary
design as proposed in the precise plan which was approved by the Design
Review Committee on August 6, 1981. Noting that the developer will
probably develop the property in phases, Director Peterson advised that
the developer will be required to provide the necessary easements and
maintenance agreements between each phase of development pursuant to
the conditions of approval contained in Planning Commission Resolution
PCS-82-6.
Dick Brown, 10550 Pioneer Way, Suite A, E1 Cajon, representing the dev-
eloper, concurred with the conditions of approval and requested Council
approval of the project.
There being no further comment, either for or against, the hearing was
declared closed.
a. RESOLUTION NO. 10750 APPROVING TENTATIVE SUBDIVISION MAP FOR
HILLTOP TERRACE, CHULA VISTA TRACT 82-6
The resolution approves the tentative subdivision map for Hilltop
Terrace (CVT 82-6) located at the northeast corner of Telegraph Canyon
Road and Nacion Avenue providing for development by Dale Building Com-
pany of one neighborhood commercial lot and five residential lots con-
taining a total of 90 condominium units.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION NO. 10751 ACCEPTING PUBLIC IMPROVEMENTS - MODIFICATIONS
TO STREET LIGHTING ON "E" STREET BETWEEN
FOURTH AND CHURCH AVENUES (CITY ENGINEER)
The resolution accepts public improvements completed by Perry Electric
consisting of modifications to the street lights on "E" Street between
Fourth and Church Avenues in accordance with the contract awarded on
November 3, 1981 (R-10683).
RESOLUTION OFFERED BY COUNCILMAN GILLOW, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. RESOLUTION NO.10752 APPROVING AGREEMENTS FOR COORDINATED TRANS-
PORTATION SERVICES ~DEVELOPMENT SERVICES AD-
MINISTRATOR)
Transit Coordinator Gustafson highlighted his written report to Council
indicating that at present HandYtrans has been transporting persons to
City Council Meeting Page 5 January 19, 1982
and from the Association for Retarded Citizens of San Diego's (ARC)
'Starlight Center", which service commits all three HandYtrans veh-
icles for three hours each day (Monday through Friday). As a result of
this commitment, HandYtrans has been unable to provide service to other
eligible ARC users during these morning and afternoon hours. Con-
sequently, coordinated service has been arranged between the City (ut-
ilizing Starlight Center vehicles), the ARC and the San Diego Regional
Center for the Developmentally Disabled at no additional cost to the
City. Mr. Gustafson noted that this coordinated service will provide
increased transportation service to Starlight Center and other Chula
Vistans who are eligible for HandYtrans service. One hundred percent
of the cost will be recovered for this service, and the transit per-
formance indicators will be favorably impacted by the increased Han-
dYtrans statistics. The Transit Coordinator recommended that Council
adopt the resolution which approves the agreement between the City and
the Starlight Center which addresses vehicle uae, and the agreement
between the City and the Regional Center which addresses reimbursement
to the City for the costs of service. It was noted by Council that
when, in this instance, one organization appears to "capture" a (pub-
lic) service, Council should be advised of the situation sooner than
the point at which solutions have been finally negotiated.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
9. RESOLUTION NO. 10753 AMENDING THE SAN DIEGO COUNTY MUTUAL AID PLAN
FOR FIRE DEPARTMENTS (DIRECTOR OF PUBLIC
SAFETY)
On July 21, 1981, Council approved a revised Mutual Aid Agareement
(R-10567) which had been adopted by the County Fire Chiefs' As-
sociation. Following approval, some northern and eastern Jurisdictions
in the County voiced objections to portions of the plan and con-
sequently a revised plan was developed. The resolution adopts the a-
mended agreement with the revisions as approved by the County Fire
Chief's Association in December 1981.
RESOLUTION OFFERED BY COUNCILWOMAN MC CANDLISS, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
10. RESOLUTION NO. ]0754 APPROVING ASSIGNMENT OF THE FIRST A~NDED
AGREEMENT TO PROVIDE PARAMEDIC SERVICE TO THE
CITY OF CHULA VISTA AND SPECIFIED ADJACENT
AREAS AND THE POLICE AMBULANCE AGREEMENT FROM
ROBERT L. HARTSON TO MED-TRANS, A LIMITED
PARTNERSHIP (CITY ATTORNEY)
Referring to his written report, City Attorney Lindberg commented that
the City presently contracts with Hartson Ambulance Service to provide
paramedic services and to handle all police emergency services. In
order to insure the continued high level of both services, the City
reserves the right to consent to any assignment of those contracts or
any right or interest in them. City Manager Cole commented on the pro-
posal that both of these contracts be assigned to Med-Trans, a limited
partnership; he noted the executive and managerial capabilities of the
partners, commenting that two of the individuals are and have been in-
volved with Hartson's in executive capacities for a considerable length
of time. As additional assurance, Mr. Cole advised that a "Security
Document" is built into the assignment which would give the City the
assurance that should working capital of $400,000 fall below $100,000
that the Harton's would go back and manage and operate the business.
Mr. Hillman, attorney for Hartson's, had no comments.
RESOLUTION OFFERED BY MAYOR COX , the reading of the text was waived by
unanimous consent, passed and approved unanimously.
City Council Meeting Page 6 January 19, 1982
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
11. ORDINANCE 1967 AMENDMENT TO EL RANCHO DEL REY SPECIFIC PLAN
TO REDESIGNATE HIGH SCHOOL SITE IN RANCHERO
SECTIONAL PLANNING AREA TO LOW DENSITY RESI-
DENTIAL - SECOND READING AND ADOPTION
(DIRECTOR OF PLANNING)
The ordinance amends the E1 Rancho del Rey Specific Plan to redesignate
the 50 acre high school site within the Ranchero Sectional Planning
Area to low density residential, 2-3 DU/acre"on the plan diagram of the
E1 Rancho del Rey Specific Plan.
MSUC (Scott/Cox) to place the ordinance on second reading and ad-
option. The reading of the text was waived by unanimous consent, pas-
sed and approved unanimously.
12. ORDINANCE NO. 1968 AMENDING SECTIONS OF THE MUNICIPAL CODE RELA-
TING TO THE FORMATION OF COMMUNITY PLANNING
COMMITTEES IN TERRITORIES PROPOSED FOR ANNEX-
ATION - SECOND READING AND ADOPTION (CITY
ATTORNEY)
The ordinance establishes procedures for the creation of community pla-
nning committees by authorizing the Council, without a petition of 25%
of the electors of an area proposed for annexation, to place the issue
of formation of the committee and selection of the members on the same
ballot with the annexation.
MSUC (Scott/Cox) to place the ordinance on second reading and a-
doption. The reading of the text was waived by unanimous consent, pas-
sed and approved unanimously.
13. CITY MANAGER'S REPORT
a. City Manager Cole distributed the itinerary for the Council tour of the
Bayfront with the Coastal Commission tomorrow (January 20) at 6:15 A.M.
b. Mr. Cole advised that Mr. Warburton, Chula Vista Golf Pro, has informed
the Parks and Recreation Department that the Municipal Golf Course has
been selected as one of three in the County for qualifying rounds in
the 1982 Wickes-Andy Williams San Diego Open; 92 amateur and pro-
fessional golfers will be using the course on Monday, January 25.
c. Demolition has begun on "The Glenn" and should be completed within 100
days.
d. Designated telephone polls on Bonita Road have now been taken down in
conjunction with the undergrounding project.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
14. Report on Silver Strand State Park Facilities (Director of Parks and
Recreation)
Director of Parks and Recreation Pfister reviewed the request of John
Curtis on January 5, 1982, for Council support in his efforts to have
the State Department of Parks and Recreation install fresh water
showers on the ocean side of the Silver Strand State Park, and also to
have the damaged shade ramadas repaired or replaced. Staff has been in
contact with appropriate State officials concerning these facilities.
Plans have been prepared and funds requested in the State's FY1982-83
budget to replace the damaged utilities, restroom and shower; however,
Director Pfister was advised that the shade ramadas were not used
enough to warrant reconstruction.
MSUC (Scott/Cox) to accept the report, recognize Mr. Curtis' concern
City Council Meeting Page 7 January 19, 1982
and authorize staff to informally monitor the State's progress in re-
turning the park to an acceptable operational level. Staff is to send
a copy of the report and recommendation to Mr. Curtis.
15. Report on conversion of City vehicles to burn propane (Director of
Public Works Operations)
John Alden, Equipment Maintenance Superintendent, referred to the
written report concerning the City's experience with propane fuel which
was compiled to determine whether there is any advantage at this time
in converting additional vehicles, including police vehicles, to use
propane fuel. The report summarized the statistical data and rec-
ommended against conversion of police vehicles inasmuch as use of pro-
pane would reeult in underpowered and inefficient vehicles (with con-
commitant increases in maintenance costs). Concluding his report, the
Director of Public Works Operations requested Council action directing
staff to convert two vehicles which do not involve high performance
factors, with a follow up report to Council in July 1982.
MSUC (Scott/McCandliss) to accept the report and staff recommendation.
16. REPORT OF THE MAYOR
Mayor Cox received a letter from Sharon Spicer requesting that the City
look into the possibilities of installing a left turn signal at the
intersection of Fifth Avenue and "H" Street.
MSUC (Cox/McCandliss) to refer this request to staff for consideration.
b. MSUC (Cox/Scott) for a Closed Door Session at the conclusion of the
meeting to discuss personnel matters.
17. COUNCIL COMMENTS
a. Councilwoman McCandltss commented on two stop signs that were installed
on Nacion Avenue; noted that there do not seem to have been any ac-
cidents since then and asked staff for an update.
City Engineer Lippitt responded, recommending that the stop signs re-
main in place. He stated that a follow up study was conducted a few
months after they were installed and staff reported that there was min-
imal impact; there have been no serious accidents since installation
and they have helped cut down on the excessive speeders.
b. Councilwoman McCandliss referred to a letter from Bruce Murray,
Chairman of the Library Board, dated January 7, 1982, concerning the
position of the Library Board of Trustees against any statuary in the
circular seating area located on
the west side of the Library. The Library Board proposed that only
plantings be used to keep the area "iow key" and to reduce the poten-
tial for vandalism, graffiti and injury. Comment and discussion con-
cerned the status of this issue inasmuch as the Landscape Architect and
other involved staff had been proceeding under Council's previous di-
rection on tentative plans involving suitable statuary. Noting the
interest of the Library Board, it was recommended that the item be
referred to the Board to look at all possibilities.
MSUC (Scott/Cox) to refer the entire matter of the circular seating
area back to the Library Board for input.
c. Councilman Gillow commented that during the E1 Torito opening, Mrs.
Ghio of Anthony's and Jim Walker of E1 Torito expressed concern over
lack of street lighting at night in that area.
MSUC (Gillow/Scott) to direct staff to look into street lighting on the
new "Restaurant Row" on the Bayfront.
d. Mayor Cox asked where the City (Redevelopment Agency) stands with re-
gard to Jenkins Auto Parts. City Manager Cole responded that Agency
City Council Meeting Page 8 January 19, 1982
Special Counsel Reed was expected to meet with Mr. Jenkins' attorney to
get a stipulation signed; Mr. Cole is expecting to hear from Mr. Reed,
and will have a report for Thursday's meeting.
CLOSED DOOR SESSION
Council adjourned to Closed Door Session at 9:00 P.M. The City Clerk
was excused and staff reported that the Closed Door Session ended at
9:20 P.M.
ADJOURNMENT AT 9:20 p.m. to the meetings scheduled for Wednesday, January 20
at 6:15 a.m., Tuesday, January 26 at 7:00 p.m. and Thursday, January 28, 1982
at 4:00 p.m.