Loading...
HomeMy WebLinkAboutcc min 1978/01/10 MINUTES OF AN ADJOURNED REGULAR MEETING OF TttE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, Held January 10, 1978 7 pm The Council met in the Council Chamber at the City Hall, 276 Fourth Avenue~ on the 7:00 pm above date at )¢~P~. with the following Councilmen present: COUNCILM~N Hyde, Hobel, Cox, Scott, Egdahl Absent: None ADJOURNMENT The Mayor adjourned the meeting until January 12~ ]978 at 4:00 P.M.' in the ~x~o~Rlx~h~'X~Council Conference Room), City Hall, 276 Fourth Avenue, Chula Vista, CalifoTnia. I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, DO HEREBY C~RTIFY that this is a full, true and correct copy of all order adopted by the City Council at the meeting of January lO, 1978 nnie M~ Fulasz, City Clerk ~ City of Chula Vista, California r~§ular ~ '': January lO, ~978 January ll, 1978 8:30 am MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. January 10, 1978 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, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Hobel, Cox, Scott, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Personnel Bigge The 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 Cox, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of January 3 and 8, 1978 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION ON "208 Mr. Stuart Shaffer, representing the Compmhensive Planning PLAN" (WATER QUALITY Organization (CPO), described the management responsibili- MANAGEMENT) ties presented by the consultant under the 208 Water Quality Plan: (1) planning; (2) implementation; (3) operations and (4) regulations. When this plan is approved by this Council and the CPO Board and sent to the State Water Resources Control Board, the State will be responsible for designating the agencies that are given management responsibilities under the plan. Mr. Shaffer added that within 30 to 60 days, the staff of CPO will come back to this Council with their proposal for management responsibilities of the plan, so that by April CPO will be ready to adopt the areawide quality plan. ORAL COMMUNICATIONS None 3. WRITTEN CO~4UNICATIONS a. VERIFIED CLAIM FOR Mrs. Howell submitted a claim in the amount of $7,847.15  DAMAGES - GENEVIEVE covering "medical bills and mental anguish" which she HOWELL, 1620 OCALA alleges she received as a result of a Chula Vista police AVENUE, CHULA VISTA officer breaking into her home on October 9, 1977. Claim denied It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the claim be denied. PUBLIC HEARINGS AND RELATED RESOLUTIONS 4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTATIVE re-opened the public hearing. SUBDIVISION MAP FOR CHULA VISTA WOODS (Continued from 12/20/77) City Council Meeting -2- January 10, 1978 Director of Planning Peterson referred to his written state- ment explaining that the applicant submitted a tentative subdivision map to divide 20 acres into 54 single-family residential lots and one open space lot. The property is located 400 feet west of Brandywine Avenue and 1300 feet south of Telegraph Canyon Road in the R-1-H zone (single- family residential, 7,000 square foot lot size with the Hillside Modifying District attached). The Environmental Impact Report, EIR-78-3, related to this project was certified by the Planning Commission on November 23, 1977 and forwarded to City Council. The Planning Commission recommended approval of the map subject to the conditions listed in their Resolution PCS-77-5. The staff concurred; however, they cannot find that the public health, safety and welfare justify the use of the power of eminent domain in this case and recommmend with- holding the use of this power. Meeting held by City Attorney Lindberg explained that the hearing was con- concerned parties tinued from the meeting of December 20, 1977 so that the two parties involved (United Enterprises and Chula Vista Woods) could resolve the issues. The parties did meet; however, no beneficial package was reached. Richard Grabhorn, Engineer Mr. Grabhorn requested approval of the subdivision and the 8333 Clairemont Mesa Blvd. use of the City's power of eminent domain to obtain needed San Diego, CA 92111 street access and sewer easement. He referred to the sub- division map noting the location of the proposed subdivision (adjacent to Greg Rogers Park) and described the proposed development commenting on the benefits that Chula Vista would derive from the subdivision. Mr. Grabhorn pointed out the areas for which they are asking condemnation stating the power of eminent domain is necessary due to the City's development of Greg Rogers Park - 3/4 of a mile area that has been blocked so that streets can not be pushed through or utilities extended to other properties. Mr. Grabhorn added that under condition 2e of the Planning Commission recommendations, they are requesting deletion of the required paving: "A paved access road shall be provided along the offsite sewer for city sewer maintenance vehicles and equipment." Jay Lejuwaan Miss Lejuwaan stated that her father has owned this land 14321 Fern Brook Drive for SI years. She remarked that the City has landlocked Tustin, CA 92680 this property by not extending Oxford Street and the taxes on the property have tripled. She asked Council's favorable consideration so that her father could sell the property, supplementing his retirement income. Jon Shakespeare Mr. Shakespeare, representing San Marcos Development Company, 1140 Union Street discussed the staff report received in November 1977 which San Diego, CA 92101 recommended to the Planning Commission approval of the sub- division and stating further that in order for the subdivi- sion to proceed, the City must use its power of eminent domain. At no time did the Planning staff tell the appli- cant that they would recommend against the use of eminent domain. Mr. Shakespeare added that the key issue is that if the park (Greg Rogers) was not there, the applicant would not be asking for the City's power of eminent domain. City Council Meeting -S- January 10, 1978 Craig Fitzgerald, Attorney Mr. Fitzgerald said he was the attorney representing the 1215 10th Avenue project. He declared that the City has landlocked the San Diego land by development of the park area. The applicant is stating that he has a solution to the problem: "I will pay for the whole solution - please let me solve this problem." Antonia Martin, Attorney Ms. Martin said she is representing United Enterprises Procopio, Cory, Hargreaves who owns the land on three sides of this project. They & Savitch object to the use of the City's eminent domain powers 530 "B" Street to give access to the parcel since they feel that develop- San Diego ment of the parcel is premature at this time and will inter- fere significantly with their agricultural operations going on in the area and the grazing areas for the cattle. Al- ternate routes can be considered for access to the sub- division if it is Council's desire to approve the develop- ment, such as: an extension of Naples Street or an access across the parking area through the baseball diamond. In answer to the Council's query, Ms. Martin said that United Enterprises would be willing to deal with the owner involved for possible acquisition of the property. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Discussion Discussion followed in which the Council reviewed previous City's actions of condemnations; the requirement for a paved road to provide the offsite sewer; vandalism at Greg Rogers Park; and the two issues before the Council: approval of the subdivision and the request for City's use of eminent domain to provide access to the subdivision. 4a. RESOLUTION NO. 8965 - Offered by Councilman Hobel, the reading of the text was APPROVING THE TENTATIVE waived by unanimous consent. SUBDIVISION MAP OF CHULA VISTA WOODS Council discussion Councilman Scott questioned the process of approving a subdivision map and then possibly, not approving the use of eminent domain. City Attorney Lindberg answered thaz in the absence of the developer being able to negotiate a purchase for the right.of way or through the exercise of eminent domain, then the approval of the subdivision map is fruitless. Offer of resolution passes The resolution, as offered, carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Egdahl  Noes: Councilman Scott Absent: None Motion to set It was moved by Councilman Hobel and seconded by Councilman public hearing Cox that a resolution be brought back setting notice of public hearing of the Council's desire to exercise its power of eminent domain for the road from Brandywine into this project - and for the sewer. Discussion Council discussion again centered on its use of the eminent domain power and the time element that would be involved in calling a public hearing for this consideration. Motion withdrawn Councilman Hobel withdrew his motion; Councilman Cox agreed to the second. City Council Meeting -4- January 10, 1978 Motion for exercise of It was moved by Councilman Hobel and seconded by Councilman power of eminent domain Egdahl that the Council exercise its power of eminent domain to create this street from Brandywine into this project of the subdivision of Chula Vista Woods and also for the sewer line. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Egdahl Noes: Mayor Hyde, Councilman Scott Absent: None Motion for resolution It was moved by Councilman Scott, seconded by Councilman setting the public hearing Hobel and unanimously carried that a resolution be brought back setting the public hearing. 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLAN FOR REDEVELOPMENT OF PROPERTY AT 746 "E" The applicant has submitted a precise plan for the con- STREET struction of a self-service gasoline station on a 22,500 square foot (0.52 acres) parcel at 746 "E" Street in the C-V-P zone. The proposed project will replace an existing service station and is therefore exempt from environmental review as a Class 2b exemption. In a written report to Council, Director of Planning Peterson analyzed the precise plan discussing the existing site characteristics, architecture and proposed signs. He noted the design as recommended by Planning Commission is in conformance with the Scenic Highway Element of the General Plan. The Planning Commission recommended approval of the precise plan subject to conditions listed in their Resolution PCM-78-10. Clyde Richards Mr. Richards said that their planning department has worked Southland Corporation very closely with the City's Planning Department and feel 746 "E" Street the development would be an attractive addition to the Chula Vista gateway of Chula Vista. Public hearing closed There being no further comments~ either for or against, the public hearing wa5 declared closed. Sa. RESOLUTION NO. 8966 - Offered by Councilman Scott, the reading of the text was APPROVING PRECISE PLAN waived by unanimous consent, passed and adopted by the FOR A SELF-SERVICE following vote, to-wit: GASOLINE STATION AT 746 "E" STREET IN AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde THE C-V-P ZONE Noes: None Absent: None RESOLUTIONS AND ORDINANCE, FIRST READING 6. RESOLUTION NO. 8967 - In accordance with Section 22830 of the Elections Code, the CALLING AND GIVING NOTICE City Clerk must publish the notice of election not earlier OF THE HOLDING OF A GENERAL than the 89th nor later than the 68th day before the municipal MUNICIPAL ELECTION TO BE election to fill the offices of two Councilmen and two members HELD ON APRIL 11, 1978 FOR on the Board of Education. At the meeting of January 5, 1978, THE ELECTION OF CERTAIN the Council approved placing Sections 304 and 1202 of the OFFICERS OF THE CITY AS Charter on the ballot with the amendments recommended by the WELL AS CHULA VISTA CITY Charter Review Committee. Also on the ballot will be the SCHOOL BOARD OF EDUCATION measure proposed by the Committee on Housing for Low Income AND FOR THE SUBMISSION OF Citizens. CERTAIN PROPOSITIONS OR MEASURES RELATING TO THE ADOPTION OF AMENDMENTS TO THE CHAPTER AND AN ORDINANCE RELATING TO LOW-RENT HOUSING City Council Meeting -5- January 10, 1978 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 7. RESOLUTION NO. 8968 - The following trial traffic regulation, which has been in ESTABLISHING BOULEVARD effect for eight months, was recommended to be made perma- STOP AND/OR THROUGH nent: STREET IN THE CITY OF CHULA VISTA Special Stops Required Intersection Traffic Stopped On Signs Nacion/Avenue Nacion and East 4 East Palomar Street Palomar Street Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 8. ORDINANCE - The ordinance imposes landscaping maintenance requirements AMENDING CHAPTER 12.32 on multiple-family, commercial and industrial properties. OF THE CITY CODE BY It is based on general welfare, health, safety and aesthetic ADDING THERETO A NEW considerations inasmuch as properly maintained landscape SECTION 12.32.190 AND materials prevent erosion of man-made slopes, minimize AMENDING SECTION 12.32.030 dust and dirt, act as barriers to prevent automobiles from RELATING TO MAINTENANCE entering pedestrian areas and contribute to the economic OF LANDSCAPING BY PROPERTY health of the community by making it an attractive place OWNERS - FIRST READING to do business. Mayor Hyde commented that this ordinance is one that will create great concern in various segments of the community. Motion for continuance It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this matter be continued for two weeks to allow the Chamber of Commerce and other business organizations and interested parties to give further con- sideration to it before the Council considers it. 9. ORDINANCE NO. 1784 - On January 3, 1978 the Council denied a conditional use AMENDING ZONING MAPS permit to allow the operation of a cardroom at 11 Third  ESTABLISHED BY SECTION Avenue indicating that a rezoning of the property for this 19.18.010 OF THE MUNICIPAL use would be more appropriate. In a report to Council, CODE REZONING CERTAIN City Attorney Lindberg stated that it would take at least PROPERTY AT 11 THIRD eight months for the rezoning process to be completed. AVENUE AT THE INTER- Inasmuch as the applicant has already invested a substantial SECTION OF FOURTH AVENUE amount of money in the property with the expectation that AND THE THIRD AVENUE the location would be approved since all parties seem to EXTENSION ON THE NORTH- find it an acceptable one, an interim ordinance has been EAST CORNER FROM C-O prepared rezoning the property. TO C-C ON AN INTERIM BASIS AND CERTIFYING Mr. Lindberg added that a second ordinance has been prepared TEE NEGATIVE DECLARATION - for Council consideration, at the request of the Director FIRST READING AND ADOPTION of Planning, allowing the use of the property for the cardroom operation subject to a conditional use permit. City Council Meeting -6- January 10, 1978 Discussion Councilman Scott discussed the process being proposed (re- zoning on an interim basis) which he felt was an extraordinary way of doing business - bypassing the public hearing and public input. At a later date, as required by law, this will be done. Councilman Scott added that the staff should bear the burden of putting the Council in this position. Ordinance placed It was moved by Mayor Hyde that this ordinance be placed on first reading on its first reading and adopted and that the reading of and adopted the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCE 10a. REPORT ON TRAFFIC In a written report, the Director of Public Works Robens CONDITIONS FOR stated that the staff re-evaluated the precise plan in PRECISE PLAN AT regard to the traffic conditions. They recommended that 287 "L" STREET the entrance to the driveway be widened to provide for (OFFICE BUILDING) two-way traffic and that plans be approved by the City Engineer. Motion to accept report It was moved by Councilman Hobel and seconded by Mayor Hyde that the staff's recommendation be accepted. Discussion of motion Councilman Scott said he still had reservations about the traffic problems which are inherent in the "L" Street area, and he would be concerned with any development going in here. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde~ Cox, Egdahl Noes: Councilman Scott Absent: None 10b. RESOLUTION NO. 8969 - The applicant requested approval of a precise plan to place APPROVING PRECISE PLAN an existing 960 square foot structure on a 9000 square foot FOR OFFICE BUILDING AT parcel located on the north side of "L" Street and 150 feet 287 "L" STREET IN C-O-P east of Third Avenue. The structure will be used as an ZONE (Continued from office building. The applicant is also seeking approval of meeting of 1/3/78) a 16-foot wide combination ingress and egress driveway instead of the required width of 24 feet in a commercial zone and a waiver of the zoning wall along the eastern property line. Parking requirements Councilman Egdahl discussed the City's parking requirements which he felt should be reconsidered. Motion to consider It was moved by Mayor Hyde, seconded by Councilman Egdahl parking requirements and unanimously carried that the staff be directed to at Council Conference schedule the matter of the parking calculations for com- mercial and multiple family zones for a Council Conference to be scheduled by the City Manager in the not too distant future. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Egdahl Noes: Councilman Scott Absent: None City Council Meeting -7- January 10, 1978 11. RESOLUTION NO. 8970 - The revision incorporates changes that were required based APPROVING AMENDMENT TO on court cases, notably the Skelley decision. It includes CIVIL SERVICE RULE VIII - procedures to insure more safeguards and appellate rights SEPARATIONS (Continued for classified employees. from 1/3/78) Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott Noes: None Absent: None 12. ORDINANCE NO. 1782 - At the meeting of January 3, 1978 the City Council placed AMENDING ZONING MAPS on first reading, the ordinance rezoning a 9000 square foot ESTABLISHED BY SECTION parcel located on the north side of "L" Street, 150 feet 19.18.010 OF THE east of Third Avenue, from R-3 to C-C, and R-3 and C-C to MUNICIPAL CODE REZONING C-0-P. PROPERTIES LOCATED AT 287 "L" STREET FROM C-C TO C-O-P, R-3 AND C-C TO C-O-P AND CERTIFYING THE NEGATIVE DECLARATION - SECOND READING AND ADOPTION Ordinance placed It was moved by Councilman Cox that this ordinance be on second reading placed on its second reading and adopted and that the and adopted reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel Noes: None Absent: None 13. REPORTS OF THE CITY MANAGER a. PROPOSED NAME FOR At the meeting of January 3, 1978 the City Council reviewed OLD LIBRARY/POST a list of names suggested for the renovated buildings. Since OFFICE BUILDINGS no decision was made, the Council continued its discussion (Continued from to this meeting. the meeting of January 3, 1978) In a memo to Council dated January 9, the City Manager proposed: (1) that a monument sign be erected on Fourth Avenue which would read: "Civic Center - City of Chula Vista"; (2) install a plaza directory of the Civic Center buildings; (3) signs on the new building be "Public Service" - north entrance; "City Council Chamber" on the west entrance; and "City Council Chamber"on the south wail; (4) on the present City Hail building: at the north entrance - "City Council, City Clerk"; at the middle entrance - "Administra- tion''; at the south entrance - "City Attorney, Personnel" and removal of the "City Hail" sign over the front entrance; (5) provide a visible sign from the plaza for the Police building. Motion to approve It was moved by Councilman Egdahl, seconded by Councilman recommendations Cox and unanimously carried that the City Manager's recom- mendations be accepted. Transit Tour It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the City Manager's recommendation for a tour of the transit facilities and other points of interest be set for Saturday, January 28, 1978. City Council Meeting -8- January 10, 1978 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. REPORT ON CITIZEN The Director of Public Works Robens submitted a written PETITION REQUESTING report in which he explained that there are existing street THE INSTALLATION OF lights on Camino Vista Real at the intersection with Avenida STREET LIGHT IN THE Madera and at the end of the cul-de-sac (approximately 600 100 BLOCK OF CAMINO feet apart). Due to the distance between the lights, it is VISTA REAL (HILLTOP very dark in the middle of the block. The staff recommends VISTA SUBDIVISION) that a street light be installed which would improve both pedestrian safety and home security. The cost would be between $1,500 and $2,000; yearly energy and maintenance cost would be $S0.00;funds for the installation are avail- able in Account 100-1431-5251. Motion to approve It was moved by Councilman Cox, seconded by Councilman staff's recommendation Egdahl and unanimously carried that the staff's recommenda- tion be approved. MAYOR'S REPORT Status of Mayor Hyde discussed the status of Palomar Drive where it Palomar Drive reaches Oleander Avenue. He felt the Council's position is to eliminate having thoroughfares going through parks. City Manager Cole noted the topography of the extension of Palomar Drive which will be located at the south end of the canyon - and not going through it. ACCORD meeting In answer to Mayor Hyde's question, Director of Planning Peterson reported that ACCORD will be considering the entire E1 Rancho del Rey matter at its meeting scheduled for Thursday, January 12, 1978. Nuclear Power Plan Mayor Hyde announced that he has scheduled a presentation by San Diego Gas & Electric Company for Thursday's Con- ference (January 12) on their request for support of the nuclear power plant at Sun Desert. Gate at "J" Mayor Hyde asked what efforts are being done to get the Street Marina Port District to install a gate at the marina. Assistant City Manager Asmus said a letter was received from the Port District which he referred to both the Police and Parks & Recreation Departments suggesting a location for the gate. Landscaping along I-5 Councilman Hobel questioned whether the staff was working with CALTRANS on the landscaping project of I-S from "E" Street south. He noted that sometime ago, the Council discussed putting up some City funds to purchase additional trees and landscaping along the off-ramps. Director of Public Works Roberts stated he would check into this. Problems regarding In answer to Councilman Egdahl's query, Director of Public the rainfall Works Roberts stated that the City has experienced no great problems with the recent rains - just minor problems where inlets were clogged up by tumbleweeds. Agenda for January 19, Mayor Hyde noted the agenda submitted to the Council for 1978 meeting the January 19, 1978 joint meeting with the school districts. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:57 p.m. to the Council Conference scheduled for Thursday, January 12, 1978 at 4:00 p.m. CITY