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HomeMy WebLinkAboutcc min 1976/10/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CItULA VISTA~ CALIFORNIA Held Tuesday October 26, 1976 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 4:00 p.m. in the Council Conference Room. The meeting recessed at 5:40 p.m. and reconvened at 7:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton (4 - 7:10 p.m.), Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: Mayor Hamilton (left the meeting at 7:10 p.m. due to illness) Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens (4:00 p.m. session), Director of Planning Peterson (7:00 p.m. session) The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 7. RESOLUTION NO. 8364 - On September 28, 1976 the City Council considered the DENYING THE APPEAL OF appeal of Planning Commission approval of a conditional THE PLANNING COMMISSION use permit for a boarding/lodging house at 153 Bright- APPROVAL OF CONDITIONAL wood Avenue. The appeal was denied and the conditional USE PERMIT PCC-75-16 use permit was granted subject to a modification of the conditions in accordance with the new requirements for group residential units. 8. RESOLUTION NO. 8365 - The City Council held a public hearing on October 12, APPROVING PRECISE PLAN 1976 to consider the precise plan of Rancho Robinhood FOR RANCHO ROBINMOOD III III, which was approved in accordance with the condi- tions set forth by the Planning Commission, provided that certain special arrangements for certain lots for the preservation of views, as set forth in the Reso- lution, have been added to the conditions. 9. RESOLUTION NO. 8366 - A public hearing was held by the City Council to con- APPROVING TENTATIVE sider the approval of a tentative map for Rancho SUBDIVISION MAP OF Robinhood III subject to certain modifications as set RANCHO ROBINHOOD III forth in the Resolution. The map was approved in accordance with conditions established by the Planning Commission. Revised Resolution Director of Public Works Robens noted the revised Resolution which changes condition No. 1: "Surrey Drive shall be continued to the street currently designated as Street A and terminated at said juncture and the stub extending from Surrey Drive shall be eliminated." Mr. Robens explained the 'configuration of the street system in the subdivision and the changes being pro- posed which has been agreed to by the engineers for the development. The new condition will read: "Surrey Drive shall be continued to Camino del Cerro Grande as a residential collector street. The right of way width shall be 56 feet and the curb to curb width 40 feet except for that portion between "C" Street and "B" Street, which shall have a 44 foot right of way and shall be 32 feet between curbs. For this portion, parking on the northwesterly side of the street will not be permitted. The subdivider shall replace the intersection of "A" Street and Surrey Drive as shown on the revised tentative map with a smooth curve." City Council Meeting -2- October 26, 1976 Revision offered In offering the Consent Calendar, Councilman Hyde stated he is offering the revised Resolution on this item. 10. RESOLUTION NO. 8367 - At its meeting of October 12, 1976 the City Council GRANTING THE APPEAL OF considered the appeal of California Properties, Inc. PLANNING CO~ISSION DENIAL for a change in the identification of the Home Fair OF A VARIANCE FOR ADDITIONAL sign to Chula Vista Plaza, plus a request for a low TENANT IDENTIFICATION SIGNS profile tenant identification sign. A variance was FOR CHULA VISTA PLAZA granted allowing the change of the face panels to designate Chula Vista Plaza. 11. RESOLUTION NO. 8368 - On September 23, 1976 Mr. and ~4rs. J. A. Overton APPROVING ENCROACHMENT applied for an encroachment permit to construct a PERMIT NO. 76-36 FOR pool and deck within a portion of the slope maintenance MR. & MRS. 0VERTON easement of Open Space District No. 3. Any alternative WITHIN A SLOPE MAINTENANCE location for this pool will also intrude upon this EASEmeNT easement which lies within the property owned by the Overtons. 12. RESOLUTION - This item was deleted from the agenda for this meeting. ACCEPTING GRANT DEED OF (See minutes of October 27, 1976 - Resolution No. 8385). EASEMENT FOR DRAINAGE PURPOSE 13. RESOLUTION NO. 8369 - In order to construct the proposed box culvert across ACCEPTING GRANT OF EASEb~NT Hilltop Drive at Telegraph Canyon Road, it is necessary FROM KEN E. GREEN OF SWEETHEART to obtain a drainage easement from the adjacent property CONSTRUCTION COMPANY FOR owner. Mr. Ken Green of the Sweetheart Construction DRAINAGE PURPOSES, HILLTOP Company has granted the City the necessary permanent DRIVE AT TELEGRAPH CANYON drainage easement. ROAD, PROJECT GF-9 14. RESOLUTION NO. 8370 - The final map for Zenith III Subdivision has been APPROVING MAP OF ZENITH III~ checked by the Engineering Division and found to be ACCEPTING ON BEHALF OF ~E in conformity with the tentative map approved by PUBLIC THE PUBLIC STREETS Resolution No. 7539. The subdivider, Parkview Company, DEDICATED ON SAID MAP, AND has paid all fees and has submitted all bonds and re- ACCEPTING ON BEHALF OF THE quired documents. Approval of the final map includes CITY OF CtlULA VISTA THE the dedication of Oak Place and easements for street EASE~ffiNTS GP4LNTED ON SAID tree planting and maintenance purposes along the dedi- ~l~P WITHIN SAID SUBDIVISION cared street. 15. RESOLUTION NO. 8371 - Parkview Company, a general partnership, has paid all APPROVING AGREEMENT FOR ~tE required fees, posted all necessary bonds and has exe- COMPLETION OF IMPROVEMENTS IN cured the Subdivision Improvement Agreement which con- ZENITH III SUBDIVISION AND rains no unusual conditions. The agreement and surety AUTHORIZING THE MAYOR TO bonds in the amount of $54,000 guarantees the installs- EXECUTE SA~ tion of the public improvements within Zenith III Subdivision. 16. RESOLUTION NO. 8372 - The final map for Zenith IV Subdivision has been APPROVING MAP OF ZENI~t IV checked by the Engineering Division and found to be in SUBDIVISION~ ACCEPTING ON conformity with the tentative map approved by the City BEHALF OF THE PUBLIC TIlE Council by Resolution No. 8263. The subdivider, Park- PUBLIC STREETS DEDICATED ON view Company, has paid all fees and has submitted all SAID MAP~ AND ACCEPTING ON bonds and required documents. Approval of the final BEF~LF OF THE CITY OF CHULA map includes the dedication of Oriole Court and ease- VISTA THE EASEMENTS GRANTED ments for drainage, sewer and street tree planting and ON SAID MAP WITHIN SAID maintenance purposes. Also dedicated to the City is SUBDIVISION Lot 13 for park, recreation and open space use. City Council Meeting -3- October 26, 1976 17. RESOLUTION NO. 8373 - Parkview Company, a general partnership, has paid all APPROVING AGREEMENT FOR THE required fees, posted all necessary bonds and has COMPLETION OF IMPROVE}~NTS executed the Subdivision Improvement Agreement which IN ZENITH IV SUBDIVISION contains no unusual conditions. The agreement and AND AUTHORIZING ~tE MAYOR TO surety bonds in the amount of $48,000 guarantees the EXECUTE SA~ installation of the public improvements within Zenith IV Subdivision. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READINGS 18. RESOLUTION NO. 8374 - One of the conditions for the approval of the tenta- APPROVING AGREEMENT BETWEEN rive parcel map No. 16~76 is for the subdivider to THE CITY OF CHULA VISTA AND construct the public improvements on Bonita Road and FOODMAKER, INC. FOR THE COM- Willow Street prior to the recordation of the final PLETION OF IMPROVEMENTS FOR parcel map. Foodmaker, Inc., owner and subdivider, TENTATIVE PARCEL MAP 16-76 has executed a subdivision agreement, which contains AND AUTHORIZING THE b~YOR no unusual conditions, and with a surety bond issued TO EXECUTE SAID AGREEMENT by the American Insurance Company in the amount of $25,000 to guarantee the installation of the public improvements. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None 19. RESOLUTION NO. 8375 - In the 1976-77 Capital Improvement Program, $125,000 APPROVING AGREEMENT BETWEEN is budgeted in Project GT-S5 for the construction of THE CITY OF CHUiA VISTA AND Oleander Avenue adjacent to Greg Rogers Park. As a PARKVIEW COMPANY FOR COMPLE- condition of approval of final maps for Zenith Units TION OF PUBLIC IMPROVEMENTS III and IV Subdivisions, the developer will be install- IN OLEANDER AVENUE AND lng curb, gutter and sidewalk along the westerly side AUTHORIZING THE b~YOR TO of Oleander Avenue and pavement to 10 feet east of the EXECUTE SAID AGREEMENT centerline. Parkview Company, the developer, has agreed to complete the remaining improvements along the easterly portion of Oleander for a cost of $29,600. By participating in the construction of the public improvements with the developer, the City will realize an appreciable savings. Staff recommended that the Council authorize expenditure of $32,500 from Project GT-S$ ($29,600 plus 10% contingency). Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the £ollowing vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None 20. REPORT ON PROPOSED The City Council has approved an agreement between the ACQUISITION OF RIGHT City and Wilsey and [tam, Consulting Engineers, for the OF WAY FOR TELEGRAPtt development of conceptual plans for Telegraph Canyon CANYON ROAD AND CHANNEL Road and Channel. Preliminar7 plans prepared under that agreement show the limits of work required for this proposed project. The owners o£ two adjacent parcels of property within such limits of work propose to construct homes in advance of the preparation of an Environmental Impact Report for the project and final approval of the project features. Director of Public Works Roberts stated that it would be in the public interest to acquire these properties at this time. City Council Meeting -4- October 26, 1976 Hr. Robens further explained that the City has not formerly adopted any new alignment for this road and the environmental impact report and final report have not been completed. If the City adopts the new align- ment, this will eliminate the worst curve on the road. Motion to accept It was moved by Councilman Cox, seconded by Councilman staff's report Hyde and unanimously carried that the staff's report be accepted. At the meeting of October 25, 1976 the City Planning Commission reviewed the proposed acquisition of right of way for Telegraph Canyon Road and found the project to be in conformance with the approved General Plan for the City of Chula Vista. 20. a. RESOLUTION NO. 8376 - City Attorney Lindberg noted that adoption of this AUTHORIZING THE APPRAISAL Resolution is a very preliminary action by the Council OF CERTAIN PROPERTIES FOR directing staff to hire an appraiser. A public hearing THE PROPOSED ACQUISITION will be held on the issue of taking the property and OF RIGHT OF WAY FOR TELE- going through the process of eminent domain. GRAPtt CANYON ROAD AND CHANNEL AND DIRECTING THE STAFF TO UNDERTAKE NECESSARY LEGAL STEPS PRECEDENT TO THE ACQUISITION OF SAID PROPERTIES Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None 21. RESOLUTION NO. 8377 - In a written report to Council, Director of Public APPROVING PROPOSED FEDERAL Works Robens explained that by previous Council action, AID URBAN PROGRAM SUBMISSION projects totaling five million dollars have been sub- mitted to the City/County Thoroughfare Advisory Committee for prioritization under the new Federal Aid Urban (FAU) Program. On August 17, 1976 Council adopted Resolution No. 8295 approving a new procedure for the improvement of Federal Aid Urban Program submission. Based upon the new procedure, staff recommends the submission of four new projects, and a combination of two previously submitted transit projects into one project as follows: PROJECT TOTAL COST 1. Bus Maintenance Facility and Transit Center (This is a modi- fication to our previously sub- mitted request.) $ 540,000 2. "H" Street Resurfacing; 1-5 to Third Avenue 59,800 3. "E" Street Resurfacing; I-5 to Broadway 18,750 4. Fourth Avenue Resurfacing; "D" Street to "L" Street 125,350 5. Broadway Reconstruction; Moss Street to 850 feet northerly 23~000 GRAND TOTAL $ 766,900 City Council Meeting -5- October 26, 1976 Mr. Robens discussed with the Council the cost of the proposed transit center and maintenance facility. He added that at the present time, there is over three million dollars of Federal Aid Urban funding available for transit projects in the County and the applications received total two and a half million; therefore, there is a good chance of this project being funded. 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, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 22. RESOLUTION NO. 8378 - The following bids were received on October 14, 1976 ACCEPTING BIDS ;dqD AWARDING for the installation of irrigation and landscaping on CONTRACT FOR THE CONSTRUCTION East "H" Street at Auburn Avenue: OF THE EAST "H" STREET ~IEDIAN ISLAND IRRIGATION AND L~D- SCAPING AT AUBURN AVENUE J.C. Fuller Landscape, E1 Cajon $29,829.00 F. J. Wolfe, San Diego 30,440.00 Fritz A Nachant Inc., San Diego 31,486.80 T.B. Penick & Sons, San Diego 33,748.80 Woodstone Landscape, La Mesa 37,750.00 It is reconm~ended that the Council accept bids and award the contract in the amount of $29,829 to J. C. Fuller Landscape, the low bidder. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None 23. RESOLUTION NO. 8379 - At the meeting of September 28, the Council directed AUTHORIZING PURCHASE OF CITY staff to proceed with the purchase of the leased 1973 ATTORNEY'S VEHICLE AND Chevrolet Coupe assigned to the City Attorney. Pur- APPROPRIATION OF FUNDS chase of the vehicle will require $2,900 to Southwest Leasing Corporation and $174 to the State Board of Equalization for sales tax for a total of $3,074. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None 24. REPORT OF PI~INNING CO~ISSION This item will be considered at the evening session. RECONSIDERATION OF REZONING PROPERTY AT TIIE WESTERLY TERMINUS OF SEA VALE, NORTH OF THIRD AVENUE EXTENSION, FROM R-3 TO R-1 City Council Meeting -6- October 26, 1976 a. ORDINANCE NO. 1712 - ~i5 item will be considered at the evening session. AMENDING THE ZONING TO REZONE 1.45 ACRES AT THE WESTERLY TE~dlNUS OF SEA VALE, NORTH OF TItlRD AVENUE EXTENSION, FROM R-3 TO R-1 - FIRST READING CONTINUED MATTERS AND SECOND READING OF ORDINANCES 25. ORDINANCE NO. 1709 - It was moved by Councilman Hyde that this ordinance AMENDING THE ZONING MAP TO be placed on its second reading and adopted and that PREZONE AND REZONE APPROXI- reading of the text be waived by unanimous consent. MATELY 8.4 ACRES ON THE SOUTH SIDE OF "L" STREET BETWEEN The motion carried by the following vote, to-wit: FOURTH AND FIFTH AVENUES TO R-3-P-14 - SECOND READING AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel AND ADOPTION Noes: None Absent: None 26. ORDINANCE NO. 1710 - It was moved by Councilman Hyde that this ordinance AMENDING SECTION 6.20.030 OF be placed on its second reading and adopted and that THE CITY CODE BY ADDING THERE- reading of the text be waived by unanimous consent. TO PROVISIONS FOR TRANSFER OF A DOG LICENSE FROM A DECEASED The motion carried by the following vote, to-wit: DOG TO AN UNLICENSED DOG FOR THE BALANCE OF THE LICENSE AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel PERIOD - SECOND READING Noes: None AND ADOPTION Absent: None 27. REPORT OF TIlE CITY }~kNAGER a. REPORT ON THE SAN DIEGO City Manager Cole referred to his written report in GAS & ELECTRIC COMPANY which he submitted a copy of the two ordinances FRANCHISES (No. 1426 granting the gas franchise and No. 1427 granting the electricity franchise plus Resolution No. 7068 approving the manual of administrative practices). ~lr. Cole noted that this calls for a yearly review by staff. Councilman Hyde commented on the cooperative agreement between SDG[E and the City for the utilization of the right of way for open space park purposes and the lease for the sod farm in that area near the Tobias/ Quintard neighborhood. Council further discussed long range plans for bike and equestrian trails through the SDG&E rights of way adjacent to City property. Staff report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the staff report be accepted. b. MONTGOMERY ADVISORY City Manager Cole asked the Council for their written C0~{ITTEE QUESTIONNAIRE comments concerning the questionnaire. This will be compiled for the meeting of October 28, 1976. c. SENIOR CITIZENS' City ~{anager Cole reported that Mrs. ~largaret Helton NUTRITIONAL PROGRAM contacted him last week regarding the submittal of an APPLICATION application for federal funding for a nutritional program for senior citizens. The time element on this application was important due to the fact that a building became available on Third Avenue (333 Third Avenue) for the program. The application has been submitted; however, the Council may withdraw it. City Council Meeting -7- October 26, 1976 Mrs. Helton's comments Mrs. Helton discussed the parallel programs being sponsored by the various schools and the Salvation Army; the census area for this project; the number of senior citizens which will benefit from such a program; the cost of the meals (.50¢ to the people who qualify and $1.50 for guests); the number of meals to be served (200 daily - one meal); the transportation element for the seniors walking to the Center; and the amount of the grant - $46,966.68 (six months). Council discussion Councilman Egdahl submitted a note of caution: once a program such as this one is started in the community, there will be a great deal of pressure put on the City to continue the funding for subsequent years. Mrs.}leltondeclared that the seniors are aware of the six-month grant, and should the funding be discontinued at some time in the future, they would understand. Further discussion ensued relative to the operation of the program; the people who will need to be hired; the basic cost of the meals; the City's subsidy of .35¢ per meal; FOCUS Committee; Del Rey and Chula Vista High School programs; Title VII funds; and the proposal to hire a caterer to administer the program. Motion for staff direction It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that this matter be re- ferred to staff for further investigation and contact with other interested agencies or parties (such as Del Rey and Salvation Army) and that if the staff feels it appropriate, a Council Conference be held to evaluate what the course of action should be. Alternates to be considered Councilman Egdahl requested that the staff also report on the alternatives: the maximum use of monies avail- able - putting money into another building - into additional staffing - and into equipment. Added to motion Councilman Hyde added to his motion that the Council concurs with the submittal of the application and the comments made by Councilman Egdahl regarding a report on alternatives. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 28. REPORT ON MAIN STREET Director of Public Works Roberts explained tbat the WIDENING PROJECT Council has budgeted $49,000 for a joint construction project with the County for the construction of Main Street from Third Avenue to the 1-805 Freeway. The County has recently completed the plan for this project and the cost estimate is up by $504,000 (from $664,000 to $1,168,000). The City's portion of the funding is 25% of the total. Federal Aid Urban funding had been applied for through the Thoroughfare Committee for the $504,000; however, this amount was rejected by the Committee and $250,000 was approved. This project, then, will compete with several others for the cost- overrun monies. Mr. Robens further explained that if the County is successful in obtaining the additional $250,000, the City's portion of the cost of the project will be $36,250; otherwise, it will be $98,750. Council discussion Council discussion followed in which ~r. Roben5 answered questions concerning the justification for the high in- crease by the County. City Council Meeting -8- October 26, 1976 Report accepted It was moved by Councilman Cox, seconded by Councilman Hobel and unanimously carried that the report be accepted. MEETING RECESSED The meeting recessed at 5:40 p.m. and the Council reconvened in the Council Chambers at 7:00 p.m. 7:00 p.m. Session 1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of October 12 and 13, 1976 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamations saluting the TEXAS AND UTAH States of Texas and Utah and members in the audience from these States were asked to stand and introduce themselves. (Mayor Hamilton left the meeting at this time, 7:10 p.m. due to illness). b. RECOGNITION OF FOREIGN Mrs. Martha S. Crouch, Chairperson of the International EXCHANGE STUDENTS Friendship Commissio~introduced seventeen Foreign Exchange Students who are residing with host families in the City. Mayor Pro Tempore Hyde presented certificates of recognition to each of the students. c. PRESENTATION OF SERVICE Mr. Jay "E" Spice, Pound Master for the City of Chula AWARD PIN - JAY SPICE, Vista from October 17, 1951 to date, was presented POUND MASTER with a 25 year service pin by Mayor Pro Tempore Hyde. Mayor Pro Tempore Hyde announced that the Council was not considering the agenda items in numerical sequence at this time as some of the items were handled at the session beginning at 4:00 p.m. ORAL CO~4MUNICATIONS Warren Pearson Mr. Pearson presented a petition regarding the traffic 156 "L" Street conditions on "L" Street between Hilltop Avenue and Chula Vista Third Avenue. The petition was signed by 67 residents living in this area protesting the excessive speed of vehicles traveling along this segment of "L" Street where the posted speed limit is 35 miles per hour. Three suggestions were made: 1) that the speed limit be reduced to 30 miles per hour, 2) that stop signs or traffic lights be installed at First and Second Avenue intersections, and 3) that the Police Department issue citations to motorists exceeding the speed limit. The petition also asked that the City consider the immedi- ate extension of "H" Street to provide an alternate route to the College area. Law enforcement problem City Attorney Lindberg commented on the problem of the law enforcement of the prima facie speed limit - the posted speed limit as opposed to the maximum limit imposed upon the State highways~ City Council ~4eeting -9- October 26, 1976 Council discussion The Council discussed stop signs, signalization, long range traffic signal grid, before and after count of traffic since 1-805 opened, responsibility of the City to provide prima facie evidence for violation of posted speed limits, and stndies made on a five-year basis by the Engineering Department in response to request by local judges of the South Bay Court. Motion to refer to It was moved by Councilman Hobel and seconded by staff for report Councilman Cox that this matter be referred to staff and that they bring back a report in two weeks, with the report to encompass the text of the presentation. City Manager Cole and Director of Public ~orks suggested that due to the work involved that the report be made in three weeks in order that it can be more complete. Amendment to motion Councilman Hobel amended the motion to extend the time to three weeks. Councilman Cox agreed to the second and the motion carried unanimously. Marvin Carpenter Mr. Carpenter presented the Council with copies of President an excerpt of a news article appearing in the San Chamber of Commerce Ysidro "Reminder" on October 20 concerning the San Ysidro proposed second border crossing, presenting the San Ysidro Chamber of Commerce's position on this issue. He also presented a list of items the San Ysidro Chamber was requesting of the City of San Diego and asked Council's support of two of the items; 1) retaining a commercial gate in San Ysidro, and, 2) changing the name of 1-805 freeway to San Ysidro Freeway. Move of cormnercial Mr. Carpenter also requested Chula Vista's support port of entry opposed in opposing the proposal of the City of San Diego to move the commercial border crossing from San Ysidro to East Otay ~]esa. ~{ayor Pro Tempore Hyde said these matters would be referred to Mayor Hamilton. James Matherly Mr. ~{atherly read comments that he had made before 402 Oaklawn Avenue the County Board of Supervisors opposing three Chula Vista projects: 1) Affirmative Action Program, 2) "Our House" program, and 3) the RETC-CETA program. Carmen Pasquale Mr. Pasquale, representing E1 Rancho del Rey, asked E1 Rancho del Rey that Agenda Item No. 5 concerning the tentative subdivision map for E1 Rancho del Rey Unit No. 5 be postponed until a full Council could be present. (P~a¥or Hamilton had left the meeting due to illness). Motion to continue It was moved by Councilman Cox, seconded by Councilman Item 5 - Public Hearing - Hobel and unanimously carried by those present that consideration of tentative Item S be continued until November 9, 1976 when a full subdivision map for E1 Council is expected to be present. Rancho del Rey Unit No. 5 Clarence Knight ~r. Knight said as a member of the San Diego Gas and 117 Jefferson Avenue Electric Consumer Panel, he had attended a presenta- Chula Vista tion on energy and it was suggested that interested persons call attention to their City Councils that "sun rights" be included in the General Plan to pro- tect those who use solar energy from the problem of high buildings blocking that energy. City Council Meeting -10- October 26, 1976 Fred McPherson ~lr. ~lcPherson said he travels "L" Street twice a day, Student five days a week and that there is a traffic problem. Chula Vista High School He suggested the possibility of opening up Palomar Street to 1-805 to cut down on the traffic on "L" Street. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES PUBLIC HEARING - Peter F. Desser requested a change of zone for his CONSIDERATION OF APPEAL property at 327 "L" Street from R-1 (single family BY PETER DESSER OF PLANNING residential) to R-3-P-15 (multiple family residential CO~NISSION DENIAL OF CHANGE with 15 dwelling units per acre subject to precise OF ZONE FOR A S0' X 290' plan approval). PARCEL AT 327 "L" STREET FROM R-1 TO R-3-P-15 The Council asked Mr. Desser if he would like to postpone the hearing until a full Council is present. City Attorney Lindberg explained that it would take three affirmative votes of the four Councilmen pre- sent to overrule the Planning Commission decision on a zoning matter. Mr. Desser requested the hearing at this time. Request for rezoning Director of Planning Peterson explained that the changed from R-3-P-I$ application filed with the Planning Commission was to R-3-P-12 for rezoning to R-3-P-15. It now contains a single family home, and under the R-3-P-15 zoning, an addi- tional four units would be allowed. At the Planning Commission meeting, the applicant expressed a desire to have the zone changed to R-3-P-12, which would allow an additional three units on the lot. Public hearing opened This being the time and place as advertised, ~ayor Pro Tempore Hyde opened the public hearing. Mr. Desser responded to each point used as a basis for denial by the Planning Commission~ discussing the driveway width, the surrounding commercial areas~ apartments, church and elementary school, General Plan requirements, and spot zoning. He confirmed that he had changed his request from R-3-P-15 zoning to R-3-P-12. In answer to a query from the Council, Mr. Desser said he has owned the property since July 1976 and planned to leave the single family unit on the lot to be used as his residence. Council discussion Council discussion followed with ~r. Desser responding to questions concerning zoning of surrounding property, proposed townhouse development, and minimum driveway requirements. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion to.deny the appeal It was moved by Councilman Egdahl and seconded by Mayor Pro Tempore Hyde that the appeal be denied. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Cox Noes: Councilman Hobel Absent: [4ayor Hamilton 4. PUBLIC HEARING - Director of Public Works Robens stated that this was CONSIDERATION OF ESTABLISHING the date set by the Council for the public hearing AN UNDERGROUND UTILITY DIS- for undergrounding utilities along Broadway which will TRICT ON BROADWAY FROM "E" complete the undergrounding on Broadway between "E" STREET TO "F" STREET Street and "I" Street in accordance with the six year City Council Meeting -11- October 26, 1976 program adopted by the Council in 1973. The cost of the undergrounding is paid by the San Diego Gas and Electric Company. Public hearing opened This being the time and place as advertised, Mayor Pro Tempore Hyde opened the public hearing. Sid Morris Mr. Morris questioned whether the undergrounding was 862 Cedar Avenue in fact required for "public necessity, health, Chula Vista safety or welfare." He objected to spending these funds and asked the Council to start curbing the spending of public money. Council discussion The Council discussed safety factors and esthetic values of undergrounding. Bobbie Morris Mrs. Morris commented on the utility boxes which are 862 Cedar Avenue at eye level that are used in undergrounding projects Chula Vista and compared them to overhead wires as not being attractive. Public hearing closed There being no further comments for or against, the public hearing was declared closed. a. RESOLUTION NO. 8380 Resolution offered by Councilman Hobel, the reading ESTABLISHING AN UNDERGROUND- of the text was waived by unanimous consent of those ING UTILITY DISTRICT ON present, passed and adopted by the following vote, BROADWAY FROM "E" STREET TO to-wit: "F" STREET AYES: Councilmen Hobel, Hyde, Cox, Egdahl Noes: None Absent: Mayor Hamilton S. PUBLIC HEARING - This item was continued to the Council meeting of CONSIDERATION OF TENTATIVE November 9, 1976 - see page 9 of the minutes. SUBDIVISION ~P FOR EL RANCHO DEL REY UNIT NO. S a. RESOLUTION - Continued to the meeting of November 9, 1976. APPROVING TENTATIVE SUBDIVISION MAP FOR EL RANCHO DEL REY UNIT NO. 5 6. PUBLIC HEARING - Director of Planning Peterson stated that the Council, CONSIDERATION OF AMENDMENT several years ago, amended the zoning ordinance to TO MUNICIPAL CODE RELATING allow the limited use of trailer coaches in commercial TO THE USE OF COk~VlERCIAL and industrial zones, provided that they not exceed COACHES AS TEMPORARY BUILDING more than 25% of the floor area of the principal SPACE IN RESIDENTIAL, COk~qER- buildings involved. This was designed for industrial CIAL AND INDUSTRIAL ZONES uses that have since made use of this zoning. He stated that there is now a need to provide temporary space in a variety of different zones, as applications must be handled on a variance procedure which creates a problem. Mr. Peterson stated that a zoning text amendment has been prepared to allow the commercial coaches to be used in any zone on a temporary basis. The Planning Commission recommended approval for a one 7ear period with the possibility of a one year extension. The City Manager suggested a two year period with a one year extension, and the Planning staff had no objection. Public hearing opened This being the time and place as advertised, the public hearing was opened by Mayor Pro Tempore Hyde. City Council Meeting -12- October 26, 1976 Public hearing closed There being no comments, either for or against, the public hearing was declared closed. a. ORDINANCE NO. 1711 - It was moved by Councilman Egdahl that this Ordinance ~4ENDING SECTIONS 19.54.020 be placed on first reading and that the reading of AND 19.58.330 OF TNE ~{ULA the text be waived by unanimous consent of those VISTA ~NICIPAL CODE RELATING present. TO THE USE OF COmmERCIAL COACHES AS TEMPORARY BUILDING Councilman Cox, for clarification, asked if the SPACE IN RESIDENTIAL, COM- Ordinance was to stipulate a maximum of two years MERCIAL AND INDUSTRIAL ZONES with a possible one year extension as opposed to a AND CERTIFYING THE NEGATIVE maximum of one year with a possible one year extension. DECLARATION - FIRST READING Councilman Egdahl amended his motion to include the Ordinance placed on first maximum time limit as two years with the possibility reading as amended of a one year extension. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox Noes: None Absent: Mayor Hamilton 24. REPORT OF PLANNING COMMISSION Director of Planning Peterson said that last August RECONSIDERATION OF REZONING the Planning Commission denied a proposal to rezone PROPERTY AT THE WESTERLY TER- from R-3 to R-1 two lots at the westerly end of Sea Vale. MINUS OF SEA VALE, NORTH OF Neighboring property owners appealed that decision to THIRD AVENUE EXTENSION, FROM the Council, and on September 14, the Council upheld R-3 TO R-1 the appeal referring the matter back to the Planning Commission as required by Ordinance. On September 27 the Planning Commission failed to reaffirm their previous position in favor of retaining the R-3 zoning by a vote of 3-3. The Council had also requested that the staff contact the major property owner and explain what the options would be under the R-1 zone. This was done by a letter addressed to Mrs. Dorothy Davies. Mr. Peterson said no response bas been received from Mrs. Davies. COUNCIL CONSIDERATION Mayor Pro Tempore Hyde clarified for people in the OF AGENDA ITE~ CLARIFIED audience that the Council, in the afternoon session, considered Agenda Items 7 through 23, and stated that if there was anyone in the audience who had any ques- tions relating to any of those items, they would have the opportunity to ask that they be reconsidered. a. ORDINANCE NO. 1712 - It was moved by ~layor Pro Tompore Hyde that this AMENDING ZONING MAP OR Ordinance be placed on its first reading and that the MAPS ESTABLISHED BY SECTION reading of the text be waived by unanimous consent of 19.18.010 OF THE CHULA VISTA those present. ~NICIPAL CODE, REZONING THAT CERTAIN PROPERTY AT THE The motion carried by the following vote, to-wit: WESTERLY TERMINUS OF SEA VALE NORTH OF THIRD AVENUE EX- AYES: Mayor Pro Tempore Hyde, Councilmen Cox, TENSION FROM R-3 TO R-I, AND Egdahl, Hobel CERTIFYING THE NEGATIVE Noes: None DECLARATION - FIRST READING Absent: ~layor Hamilton (Agenda Items 25 through 28 were considered by the Council at the afternoon session beginning at 4:00 p.m.) City Council Meeting -13- October 26, 1976 MAYOR'S REPORTS Appointments to the Mayor Pro Tempore Hyde said that Mayor Hamilton had Youth Commission left with him information concerning appointments to the Youth Commission. Six members were appointed subject to ratification by the Council: Rene Grunden, Castle Park Junior High School Deborah Hester, Chula Vista High School KathleenHaynes~ Castle Park Junior High School Bonnie Smithey, Chula Vista High School Donette Smith, Bonita Vista High School Alexander ~ers, Bonita Vista High School It was moved by Councilman Cox, seconded by Mayor Pro Tempore Hyde and unanimously carried by those present that the appointments to the Youth Commission be approved. "Stand-by" appointments Mayor Hamilton had also indicated that he had selected the following students to be on a "stand-by status" for appointment to the Youth Commission in the event of vacancies in the near future: Fred Lukach Haryan ~yres Ron Molland Susan Kemler "Votingest City" contest Mayor Hamilton had also asked that the citizens of Chula Vista be reminded that the City is pledged to participate in the "Votingest City" contest. With the election coming up on November 2, it is hoped that all citizens eligible to vote will do so. REQUESTS AND STATEMENTS OF COUNCI~IEN Awards Banquet The Council complimented the City Clerk and her staff for the outstanding Civic Awards Banquet. Resignation from Mayer Pro Tempore Hyde announced that }~r. Peter Watry ACCORD rescinded has reconsidered and will continue as a member of ACCORD. Procedures for seeking In answer to a question from Mayor Pro Tempore Hyde, architectural and City Manager Cole stated that contractual arrangements engineering services with architect or engineering firms can not always be handled on a straight bid basis. Director of Public Works clarified that the standard procedure is to follow either the ethic requirements of the American Institute of Architects or the American Society of Civil Engineers in contacting these firms to submit proposals for large projects~ and for smaller projects, to talk to three or four firms and award contracts on the basis of their presentations. Mayor Pro Tempore Hyde stated that Owens/Araiza, Architects, a now firm in Chula Vista, have indicated that they would appreciate an opportunity to partici- pate in the competitive process. Motion for executive ssion It was moved by Mayor Pro Tempore Hyde, seconded by Councilman Cox and unanimously carried by those present that an executive session for litigation purposes be held at the end of the Council meeting. City Council Meeting -14- October 26, 1976 Further discussion to be held Councilman Egdahl said he had talked with Mr. Eugene with Mr. Coleman regarding his Coleman regarding his continuing as a member of ACCORD. membership on ACCORD Mr. Coleman indicated he would be out of town until October 26 and onhis return, would discuss this matter further with Councilman Egdahl. Traffic hazard at Telegraph Councilman Egdahl discussed a dangerous traffic situa- Canyon Road and Hilltop tion at the intersection of Telegraph Canyon Road and Hilltop where the pavement along the south side of Telegraph Canyon Road has been missing for a long period of time. There is a divider berm in the inter- section with all traffic moving on the north side of the berm and the narrow lanes create a safety problem. Motion to refer to Safety It was moved by Councilman Egdahl, seconded by Commission and staff Councilman Cox and unanimously carried by those present that the center divider be reconsidered by the Safety Commission and staff and that pressure be put on the Sweetheart Homes to finish the pavement. Loud speaker problem at Councilman Egdahl said tile problem of the loud speaker Hilltop High School system used by the Pop Warner football teams still exists at Hilltop High School on Saturdays. Staff will contact the schools again concerning this matter. Space needs - It was moved by Councilman Egdahl, seconded by Mayor City Clerk's office Pro Tempore Hyde and unanimously carried by those present that the request from the City Clerk regarding space needs be referred to the staff for cost esti- mates and suggestion for office lay-out in order for the Council to have something specific to consider to alleviate the problem. Staff responding to letter In answer to a query from Councilman Hobel, City from Robert Thompson Manager Cole said that an appropriate answer is being prepared by Director of Parks and Recreation Hall to the letter received from ~Ir. Robert Thompson regarding the jogging situation around the golf course. Councilman Hobel requested that staff comment on this at the next meeting. Sewer capacity reserve Councilman Hobel referred to the statement in the Annual Audit Report concerning the City's sewer capacity rights in araount of $254,000 and asked what portion of that is in reserve capacity. City Hanager Cole said approximately 22 million gallons a day are in reserve. Report on possible calls Councilman Hobel asked if the staff had received any regarding drainage problem - calls from residents in the Tobias and Quintard area Tobias and Quintard concerning a drainage problem after the recent heavy rains. Director of Public Works Roberts said he would check and report to the Council at the next meeting. He did not know of any calls at this time. EXECUTIVE SESSION Mayor Pro Tempore Hyde recessed the meeting to executive session for litigation purposes at 9:00 p.m. ADJOURNMENT The meeting reconvened at 9:09 p.m. and was adjourned at 9:10 p.m. to the Council Conference scheduled for October 27 at 3:30 p.m. and to the joint meeting sched- uled with representatives of the blontgomery Municipal Advisory Council on Thursday, October 28, 1976 at 7:00 p.m. JENNIE ~1. FULASZ, CMC City Clerk ~ ~, . .,] Deputy City Clerk