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HomeMy WebLinkAboutcc min 1977/11/29 MINUTES OF A REGULAR HEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. November 29, 1977 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 ttall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Hobel, Cox Councilmen absent: Councilmen Scott, Egdahl Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Director of Public Works Robens, Director of Building and Housing Grady, Director of Parks and Recreation Hall, Director of Purchasing Espinosa 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 Mayor Hyde and unanimously carried by those present that the minutes for the meetings of November 17 (4:00 p.m. & 7:00 p.m.) and 22, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF Mayor Hyde introduced Mr. Dick Schuricht, a member of the COUNCIL GUEST - Board of Directors of the Chamber of Commerce, an active DICK SCHURICHT member of the Broadway Association and owner of Aztec TV in Chula Vista. b. PRESENTATION Port Commissioner C. R. Campbell reported that the dredging REGARDING BAYFRONT of the "J" Street Marina is progressing very well; however, PROGRESS - C.R. the problem of vandalism has increased and the Port Com- CAMPBELL mission took unanimous action to close the marina at night with a permanent gate to be installed. The gate will be under the control of the Chula Vista Police Department. A brief report was also made by Mr. Campbell on the recent trip of the Port Commission to the Orient, including Japan, Hong Kong and Manila, in an effort to increase the utiliza- tion of the Port of San Diego. Dick Schuricht In regard to the vandalism problem at the Marina, Mr. Chamber of Commerce Schuricht suggested that consideration might be given to a method used by the school districts - placing a mobile- home in the area and having 24-hour "live-in" type of security. ORAL COY~4UNICATIONS Eugene Coleman Mr. Coleman gave a short slide presentation in reference 1670 Gotham Street to Item 9 on the agenda - consideration of a zone change Chula Vista for 1.18 acres on the southwest side of 0tay Lakes Road, southeast of the SDG&E easement. He spoke against the zone change to commercial zoning in a school area due to increased traffic congestion and increased traffic hazards and expressed his concern over having commercial develop- ment in an "academic environment." He recommended that (1) the Council not rezone any further land in this area for commercial use; (2) reverse decisions already made; (3) withdraw for commercial zoning which has been committed in the past, and (4) that this area be made a part of the study area of E1 Rancho del Rey and the need for commercial zoning be considered as a part of the whole area. City Council Meeting -2- November 29, 1977 Public hearing procedure City Attorney Lindberg pointed out that consideration on required to re-evaluate Item No. 9, with the following ordinance, was the result Council position on Item 9 of public hearings that have already been conducted and advised that if the Council desires to re-evaluate their position, the matter would have to be readvertised for another public hearing. Gary McCabe Mr. McCabe referred to Items No. 10 and 11 (resolution on 2160 Fletcher Parkway policy for future development of E1 Rancho del Rey and E1Cajon contract for engineering consultant for this area). He requested that in addition to considering the lifting of the moratorium between "J" Street and Telegraph Canyon Road that the Council consider lifting the moratorium on the westerly 450 acres, for which his client, Watt Indus- tries, has a plan in process at this time; also, that the 450 acres be excluded from the scope of the contract for the consultant as this work is already being done in the process of their plan. 3. WRITTEN COMMUNICATIONS There were no Written Communications. PUBLIC HEARING 4. PUBLIC HEARING - This being the time and place as advertised, Mayor tlyde CONSIDERATION OF DEFERRAL opened the public hearing. OF UNDERGROUNDING REQUIRE- MENTS ALONG SDG&E EASEMENT The City Code requires that developers underground existing WITHIN EL RANCHO DEL REY, overhead facilities within the boundaries of a subdivision. UNIT #5 SUBDIVISION There are 12 KVA existing overhead distribution lines on wood poles and 138 KV transmission lines on steel towers within the SDG&E easement within the boundaries of the E1 Rancho del Rey Unit No. 5 Subdivision. Mr. D. L. Clemens, President of Utility Consultants, Inc., on behalf E1 Rancho del Rey Corporation, requested deferral of the requirements to underground the existing 12 KVA lines. Councilman Hobel noted that Only three (3) Councilmen were present and continuance of the hearing to a full Council. Carmen Pasquale Mr. Pasquale said that in the absence of a full Council, Otay Land Company he would request that Items 4, 9 and 10 be deferred. Council discussion A brief discussion by the Council ensued concerning con- tinuing items as requested and also Items i1, 13 and 13a, which require a four-fifths' vote. Motion to continue It was moved by Mayor Hyde, seconded by Councilman Cox agenda items and unanimously carried by those present thatltems 4, 9, 9a, 10, 11, 13 and 1Sa be continued until the meeting of December 13, 1977. CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Cox (Items 5 - 8) and unanimously carried by those present that the Consent Calendar be approved and adopted. 5. RESOLUTION NO. 8908 - By Resolution No. 8859 on October 25, 1977 the Council REMIS,ING, RELEASING AND ordered the vacation of Mankato Street between Third Avenue QUITCLAIMING CERTAIN REAL and Garrett Avenue for the purpose of incorporating the PROPERTY IN THE CITY TO vacated right of way into the site for the South Bay Re- THE COUNTY OF SAN DIEGO gional Center. The County requested that the City quit- AND AUTHORIZING THE ~YOR claim any interest it may have in the vacated right of way TO EXECUTE QUITCLAIM DEED to give the County clear title. The quitclaim deed reserves easements to the utility companies who have existing facili- ties within the vacated right of way. City Council Meeting -3- November 29, 1977 6. RESOLUTION NO. 8909 - As a condition of approval for Tentative Parcel Map 8-77, ACCEPTING EASEMENT FOR the owner/developer was required to grant additional right STREET PURPOSES AND of way at the corner of Hilltop Drive and Quintard Street NAMING AND DEDICATING for the sidewalk return and an easement for street tree AS HILLTOP DRIVE, AND purposes along these two streets. On November 17, 1977, ACCEPTING EASEMENT FOR the owners, T. David and Patricia A. Eyres, executed the STREET TREE PURPOSES required easements. FROM DAVID AND PATRICIA EYRES 7. RESOLUTION NO. 8910 - Bids were accepted on November 21, 1977 for the construc- ACCEPTING BIDS AND tion of traffic signals on "L" Street at First and Second AWARDING CONTRACT FOR Avenues. It was recommended that the contract be awarded CONSTRUCTION OF TRAFFIC to Perry Electric Company, the low bidder, for $37,404.00. SIGNALS ON "L" STREET AT FIRST AND SECOND AVENUES 8. RESOLUTION NO. 8911 - By Resolution No. 8854, the Council approved a revision AUTHORIZING PURCHASE of the Traffic Safety Motorcycle Grant and amended the OF THREE (3) POLICE 1977-78 budget appropriations to provide for three police MOTORCYCLES motorcycles. Bids were advertised via a cooperative pur- chasing arrangement with the City of San Diego on their Bid No. 1230 and the low bidder was Valley Motorcycles Sales Company, Inc. of E1Cajon on theHonda Model CB750A at $3,277 per unit. The total cost of the three motorcycles, including sales tax, is $10,420.86. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 9. CONSIDERATION OF PLANNING On September 14, 1977 the Planning Commission recommended COMMISSION RECOMMENDATION that the subject property be rezoned to C-O-P. On October 4, ON CHANGE OF ZONE FROM 1977 the Council considered this recommendation along with R-E TO C-C-P FOR 1.18 the zoning of the adjacent property, and referred the item ACRES LOCATED ON THE back to the Planning Commission with the request that the SOUTHWEST SIDE OF OTAY Commission considered C-C-P zoning. On October 26, 1977 LAKES ROAD AND SOUTH- the Commission reaffirmed its previous recommendation in EAST OF SDG&E EASEMENT favor of C-O-P zoning and had a split vote of 3-3 as to whether the property should be zoned the same category as that adjacent on the south. The Co]mission also recommended that any change of zone be conditioned upon the property owner's dedication of the right of way required for the widening of Otay Lakes Road across the entire frontage of the parcel, including the portion encumbered by the SDG&E easement. Continued until (Continued to the meeting of December 13, 1977 - see December 13, 1977 motion under Item 4.) 9a. ORDINANCE - (Continued until the meeting of December 13, 1977 - see AMENDING ZONING MAP OR motion under Item 4.) MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE, REZONING 1.18 ACRES ON THE SOUTHWEST SIDE OF OTAY LAKES ROAD FROM R-E TO C-C-P, AND CERTIFYING THE NEGATIVE DECLARATION - FIRST READING City Council Meeting -4- November 29, 1977 10. RESOLUTION - On February 8, 1977 the Council adopted Resolution No. 8505 AMENDING RESOLUTION which declared that neither the Planning Commission nor the NO. 8505 ESTABLISHING City Council would consider tentative maps and development A POLICY FOR THE FUTURE plans within the E1 Rancho del Rey area until a revised DEVELOPMENT OF THE EL General Development Plan for all of E1 Rancho del Rey has RANCHO DEL REY AREA been adopted. On November 17, 1977 the Council received a report from the Director of Public Works regarding the construction of "H" Street and directed the staff to prepare a report and recommendation concerning the possibility of lifting the moratorium in the area between Telegraph Canyon Road and "J" Street. Continued until (Continued until the meeting of December 13, 1977 - see December 13, 1977 motion under Item 4.) 11. RESOLUTION - The agreement provides for several specific tasks which APPROVING AGREEMENT the Consultant will accomplish, i.e., the determination ~ BETWEEN THE CITY OF from an engineering standpoint - of the feasibility of grading - CHULA VISTA AND BARBOUR utilities, circulation system, and the estimated cost for ENGINEERING COMPANY, INC. the physical facilities. The cost to the City for this FOR ENGINEERING CONSULTANT information is not to exceed $10,000. FOR EL RANCHO DEL REY AREA, APPROPRIATING FUNDS AND AUTHORIZING EXPENDITURE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Continued until (Continued until the meeting of December 13, 1977 - see December 13, 1977 motion under Item 4.) 12. ORDINANCE NO. 1777 - Section 5.52.010 of the City Code presently states that AMENDING SECTION the fee for a cable television franchise is $500 per year; 5.52.010 OF THE CHULA however, under Ordinance #1428 (uncodified), the fee is VISTA MUNICIPAL CODE set at 3% of gross receipts, which will result in a higher RELATING TO PAY TELE- yield to the City and is the amount the franchisee expected VISION BUSINESS LICENSES - to pay. The amendment will make it clear that the fee FIRST READING is 3% of gross receipts. Ordinance placed It was moved by Councilman Hobel that this ordinance be on first reading placed on its first reading and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde Noes: None Absent: Councilmen Scott, Egdahl CONTINUED MATTERS AND SECOND READING OF ORDINANCE 13. REPORT ON SOUTH BAY In response to a recommendation forwarded by the Mayor's ECONOMIC DEVELOPMENT Economic Advisory Committee, the City Council directed CORPORATION (EDC) REQUEST that a resolution be prepared appropriating $5,000 for FOR FUNDING (Continued support of South Bay Economic Development Corporation from November 15, 1977) activities. At Council's request, the staff submitted a detailed report at the meeting of November 15, 1977 con- cerning the entire economic development ~ituation in the County and recommended that, if and when San Diego Economic Development Corporation reformation occurs, this whole area be re-evaluated and funding priorities established. City Council Meeting -5- November 29, 1977 After an in depth discussion regarding the South Bay Economic Development Corporation on November 15, the Council continued the matter until this meeting to give representatives from the Corporation an opportunity to provide input to the Council. Continued until (Continued until the meeting of December 13, 1977 - see December 13, 1977 motion under Item 4.) 13a. RESOLUTION - (Continued until the meeting of December 13, 1977 - see PROVIDING FOR THE motion under Item 4.) SPECIAL APPROPRIATION OF FUNDS FOR SOUTH BAY ECONOMIC DEVELOPMENT CORPORATION 14. ORDINANCE NO. 1776 - On July 21, 1977 Rita Holleron filed a petition for an- APPROVING THE ANNEXATION nexation to the City of .37 acres for the purpose of TO THE CITY OF CERTAIN obtaining comprehensive City services. At its meeting UNINHABITED TERRITORY of November 7, 1977 the Local Agency Formation Commission KNOWN AND DESIGNATED approved the annexation subject to certain conditions. AS HOLLERON/ACACIA AVENUE ANNEXATION - SECOND The ordinance was placed on first reading at the meeting READING AND ADOPTION of November 22, 1977. 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 of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Hobel Noes: None Absent: Councilmen Scott, Egdahl 15. REPORT OF THE CITY MANAGER a. REPORT ON ANTI- City Manager Cole explained that the proposed anti-vandalism VANDALISM PROGRAM program will be submitted in a report at the Council meeting of December 13, 1977. Motion to accept report It was moved by Councilman Hobel, seconded by Councilman Cox and unanimously carried by those present that the report be accepted. Mayor Hyde requested that a courtesy copy of the report (to be made on December 13, 1977) be forwarded to Mr. Campbell, Port Commissioner. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON ZONING For the past several months the Council has discussed the PREFERENCE SURVEY: advisability of rezoning certain residential lands in the CHULA VISTA SHOPPING Chula Vista Shopping Center area to a commercial classifi- CENTER AREA cation in order to accommodate business and commercial office expansion. The Council asked staff to undertake a survey of property owners and tenants of the residential area bounded by "H" and "I" Streets, and by the Chula Vista/Sears shopping complex and Subarea 3 of the Town Centre Project, to determine their zoning preference. In a written analysis, Director of Planning Peterson described the survey and gave a brief evaluation of the results recommended that the Council declare its intent not to rezone the two study areas. City Council Meeting -6- November 29, 1977 Report accepted It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried by those present that the report be accepted. 17. REPORT ON REQUEST FOR In a written report, Director of Building and Housing Grady PROPOSED HOUSE MOVE explained that on October 18, 1977 Mr. and Mrs. John G. TO 209 ALVARADO STREET Miranda applied for a permit to move a 1021 square foot two-bedroom dwelling from 510 Third Avenue to 209 Alvarado Avenue. The dwelling was inspected on October 20, 1977 and the Planning Commission and staff recommend approval subject to certain conditions. Council discussion The Council and staff briefly discussed this house move, including set-backs, compliance with building codes, place- ment of a two-car garage (required as a condition of ap- proval) and the staff recommendation. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Cox and and approve request unanimously carried by those present that the report be accepted and that the request be approved subject to the conditions listed in the staff's report. Mrs. Graciela Miranda Mrs. Miranda requested a permit to cut a tree branch or 209 Alvarado Street have the tree on her property removed. Chula Vista Director of Public Works Robens said he will work with Mrs. Miranda on this matter. 18. REPORT ON DEDICATION OF Director of Parks and Recreation Hall reported in a written BRANDYWINE NEIGHBORHOOD statement that, contingent on Council approval, the Depart- PARK SITE ment is making tentative plans for the official dedication of the Brandywine neighborhood park site on December 16, 1977 during the noon hour, which will enable the children attending the Valle Linde Elementary School to participate in the dedication. Motion to accept report It was moved by Councilman Cox and seconded by Mayor Hyde that the report be accepted. Dedication set for Director of Parks and Recreation Hall said that the Prin- 1:00 p.m. - December 16 cipal of the Valle Linde Elementary School has requested that the time for the dedication be set for approximately 1:00 p.m. Mayor Hyde suggested that Council members may wish to participate in this program - if they will be available at that time. Discussion regarding A brief discussion by the Council and staff followed new name for the park regarding a name for the park and the Council policy of naming parks contiguous to a school with the same name as the school. Director of Parks and Recreation Hall noted that this park is not exactly contiguous to the school and that the residents of the neighborhood seemed to indicate a preference for the name "Brandywine" in referring to the Park. Motion carried The motion to approve the staff recommendation for the ceremonies carried unanimously by those present. City Council Meeting -7- November 29, 1977 Motion for suggestions It was moved by Mayor Hyde, seconded by Councilman Cox for a name be submitted and unanimously carried by those present that the sugges- at next Council meeting tions for the name of this park be brought back to the Council at the next Council meeting. (Council Conference on December 8, 1977.) MAYOR'S REPORT Mayor Hyde noted that work has begun on the public facili- ties - the remodeling of the old post office and library building and that this complex will need a name. Recommendation for names It was moved by Mayor Hyde, seconded by Councilman Cox of new complex to be and unanimously carried by those present that names be considered at first considered for this facility at the first meeting in meeting in January January (1978). Motion to cancel regular It was moved by Mayor Hyde, seconded by Councilman Cox meeting for December 27 and unanimously carried by those present that the Council not hold the regular meeting on Tuesday, December 27, 1977 (due to the holidays). No quorum for Mayor Hyde announced that four members of the Council will meeting of December 6 be attending the National League of Cities Conference in San Francisco next week and the regular scheduled meeting for December 6 will not be held. COUNCIL CO~ENTS Concern regarding Councilman Hobel expressed his concern regarding the pro- development in E1 posed amendment to Resolution No. 8505 (Item 10) limiting Rancho del Rey area - the development between "J" Street and Telegraph Canyon request for staff report Road to single-family homes and asked that staff include in their report at the next regular meeting the reason for this and also to give a recommendation regarding the lifting of the moratorium on the entire 450 acres (in the E1 Rancho del Rey area). Staff to attend Councilman Cox referred to information received from briefing session Supervisor Hamilton regarding the Municipal Organization on AB 1533 regarding Act (MORGA) (AB 1533 - Annexations). He said this may annexations have some implications for the City of Chula Vista and asked if staff would be attending the briefing session to be held on December 7 at the County Administrative Center. City Manager Cole assured the Council that staff will be attending this meeting. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:05 p.m. to the Council Conference on December 8, 1977 at 4:00 p.m. and to the regular meeting scheduled for Tuesday, December 13, 1977 at 7:00 p.m. in the Council Chambers. Deputy City Clerk