HomeMy WebLinkAboutcc min 1983/01/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday - January 18, 1983 Council Chamber
7:00 p.m. Public Service Building
ROLL CALL
Councilmembers present Mayor Cox, Councilmembers McCandliss, Scott,
Moore
Councilmember absent Councilman Malcolm
Staff present City Manager Goss, Assistant City Manager
Asmus, City Attorney Lindberg
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 11, 1983
MSUC (McCandliss/Scott) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. Oath of Office - John Goss, City Manager
City Clerk Jennie Fulasz administered the Oath of Office to
Mr. John Goss, newly-appointed City Manager of Chula Vista.
Mr. Goss commented that Chula Vista is a beautiful city which is financially
healthy and he feels fortunate to be a part of this administration. He
expressed appreciation for the reception and openness of the people and is
looking forward to working with them.
b. State of the City Message
Mayor Cox delivered his State of the City Message noting the
accomplishments made in 1982 and concluded by listing the projects he
would like to see happen in 1983 such as working with the Port District
in building a second peninsula on the "J" Street Marina; redevelopment
district efforts of commercial areas; allocation of Community Development
Block Grant Funds assisting business and industry; possibilities of
annexing unincorporated areas contiguous to the City of
Chula Vista;continued support of the Sweetwater Flood Control Project;
and construction of Route 54 and widening of I-5.
The Councilmembers commended the Mayor on his excellent City Message and
stated that they welcomed the challenges outlined in the Message.
City Council - 2 - January 18, 1983
3. WRITTEN COMMUNICATIONS
Request for exercise of eminent domain by the City for the purpose of
acquiring right-of-way for a mobile home subdivision on the Chula Vista
Woods property Thomas A. Davies, Attorney for Gardner Investment
Properties.
Responding to the request, the City Manager recommended that the City Council
direct the developer to undertake the first steps in securing a valid
appraisal of the property required to provide access to the proposed mobile
home park subdivision and an offer made to the property owner whose land would
be involved in the taking. The recommended action should only be taken if:
(1) the Council believes a mobile home park subdivision at this location
(without prejudicing any final decision) has a reasonable chance of approval,
and (2) that, if necessary, the City Council would authorize the use of the
City's power of eminent domain.
City Attorney Lindberg stated that any action by the City Council would be
premature at this time since a public hearing may have to be set. He asked
that the matter be referred to staff who can advise and assist the developer
as to the proper legal actions to take.
MSUC (Scott/McCandliss) to refer this matter to staff as recommended by the
City Attorney.
Mr. Spata, attorney for United Enterprises, said he just received the letter
received from Mr. Davies and concurred with the City Attorney's recommendation
for referral to staff.
PUBLIC HEARING AND RELATED RESOLUTIONS
4. PUBLIC HEARING REVISION OF CHULA VISTA DESIGN STANDARD DRAWINGS 1,2
and 3, TYPICAL SECTIONS (City Engineer)
a. RESOLUTION 11138 APPROVING THE REVISION OF CHULA VISTA DESIGN STANDARD
DRAWINGS 1, 2 and 3.
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt submitted plats noting configuration of street
right-of-way outside the curbs explaining that it is used for the provision of
sidewalks, driveways, slopes, plantings, utility structures and facilities.
Under present condition 2.5 feet is available for installation of street light
bases, fire hydrants, utility lines, water facilities transformers, etc.
He stated that inasmuch as some of these facilities occupy 2.5 feet or more
individually, it is necessary for the utility companies to obtain additional
easements to allow the facilities to be appropriately installed. The utility
companies would be relieved of the necessity to obtain these easements if the
right-of-way was widened by two feet along each side. They have therefore
requested modification of the street standards.
City Council - 3 - January 18, 1983
City Engineer Lippitt added that a notice was sent to all interested parties
and no protests were received. The utility companies are in favor of the
proposal.
There being no comments, for or against, the hearing was declared closed.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent passed and approved unanimously.
5. PUBLIC HEARING TO CONSIDER A REQUEST FOR A DEFERRAL OF
UNDERGROUNDING REQUIREMENTS FOR TOYS "R" US AT
1008 INDUSTRIAL BOULEVARD (City Engineer)
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt submitted a plat noting the location of the property and
explained that Toys "R" Us has submitted plans to set up a retail outlet
within the existing building built by RTA at 1008 Industrial Boulevard. The
plans show provision for a paved 393-space parking lot and two future
buildings to the north of the existing building. The Industrial Boulevard
frontage of this 7.7-acre development is approximately 800 linear feet. Toys
"R" Us has submitted an estimate of $500,000 for onsite improvements.
According to the Chula Vista Municipal Code, if the valuation of onsite
improvements exceeds $20,000 and the frontage exceeds 600-feet, the developer
is required to convert the existing overhead 12KV distribution lines and
telephone/cable TV lines to underground.
Toys "R" Us has applied for a waiver of these requirements.
City Engineer Lippitt noted the Code requirement for a waiver of the
underground untilities; the policy of the City to underground utilities at all
entrances to the City; the other developments in the immediate area that were
not required to underground; the prospects of a 1911 Block Act District;
probability of using Economic Development funds to pay for this project with
the developer paying his share of the cost.
Mr. Jeff Finkel, representing Toys "R" Us, stated that as a tenant (they are
leasing 42,000 square foot of the building) they were unaware of the necessity
to underground utility lines. The sum of $500,000 has been allocated for the
project with a possible additional expense up to $100,000 therefore, the
requirement to underground the utilities would be an economic hardship.
Additionally, with the trolley lines running along Industrial Boulevard, the
aesthetic view would not be affected and his company feels it is unnecessary
to underground these lines. Toys "R" Us plans to open their store in the
summer of 1983 and conversion of the project would delay the opening 4-5
months.
Mr. Carl Lowry representing SDG&E, at 436 H Street, stated that they have not
been requested to do an engineering survey or cost estimate and he cannot give
the Council any specific cost figure nor the timing of this project.
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City Council - 4 - January 18, 1983
There being no further comments, either for or against, the public hearing was
declared closed.
Council discussion ensued regarding the hiring of personnel for Toy's "R" Us;
possibilities for alternate funding for the undergrounding project;
involvement of property owners in a 1911 Block Act; priorities of
undergrounding projects in the City; projected annual sales of 8 to 10 million
dollars for this company and the estimated revenue.
MS (MCcandliss/Scott) to continue this for one week to give staff an
opportunity to pull together the two or three recommendations discussed and to
nail down what would be needed to be done.
Mr. Lippitt noted the lessee's unavailability to be present as he is from out
of town (New Jersey).Mr. Finkle confirmed that he would not be able to meet
with staff for at least four weeks due to other commitments.
Councilwoman McCandliss withdrew her motion. Councilman Scott agreed to the
second.
MSC (Cox/Moore) to waive the requirements for undergrounding. Councilwoman
McCandliss voted "no".
6. ORAL COMMUNICATIONS
a. Maggie Helton, 162 Mankato Street, Chula Vista, showed an advertising map
she received in the mail which depicted South Bay;however, Chula Vista
was not shown on the map. Mrs. Helton felt the Council should send a
protest to the advertising firm.
MSUC (Cox/Moore) to refer this to the City Manager.
b. Dean Ralston, lO0 Woodlawn, commended Council on their leadership in
making this a great City in which to live.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION 11139 DECLARING CITY'S INTENTION TO UNDERGROUND UTILITIES
ALONG "L" STREET FROM COLORADO AVENUE TO BROADWAY
(City Engineer)
The Underground Utility Advisory Committee at its meeting on January 5, 1983
recommended the formation of underground utility district along "L" Street
from Colorado Avenue to Broadway in order to coordinate the undergrounding of
utilities required from a developer in the area as a part of building permit
approval. The developer, Dan Building Company is proposing to construct two
office buildings at 670-680 "L" Street and was required by City Council to
underground utilities along the property's "L" Street frontage.
The recommendation is that Council set a public hearing to be held at
7:00 p.m. in the Council Chamber on February 15, 1983 in accordance with
Section 15.323.130 of the City of Chula Vista Municipal Code to consider this
matter.
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City Council - 5 - January 18, 1983
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent passed and approved unanimously.
8. RESOLUTION 11140 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 82-10,
VILLA CONTESSAS (City Engineer)
The final Map for Chula Vista Tract 82-10, Villa Contessas has been checked
and found to be in conformance with the Tentative Map. The subdivision
located at 241 "H" Street consists of 18 condominium units on one lot. The
developer has paid all fees and submitted all required documents. Approval of
the Final Map includes the-acceptance of a 7.5-foot easement for street tree
purposes.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent passed and approved unanimously.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
9. ORDINANCE 2019 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING A
NEW CHAPTER 12,30, ALL RELATING TO THE REGULATION OF
NEWS VENDING MACHINES FIRST READING (Continued
from 11/23/82 meeting) (City Attorney)
City Attorney Lindberg reported that some weeks ago, the Council expressed
concern over the lack of regulation of news racks placed on sidewalk areas in
the City of Chula Vista. After many discussions with staff members and
attorneys representing the Union Tribune, a regulatory ordinance has been
prepared.
MSUC (Scott/Moore) to place the ordinance on first reading.
Kathleen Kelly, attorney for the Union Tribune indicated that the five foot
distance may be unduly restrictive and requested an opportunity to address
this issue at a later date for Council reconsideration. She stated it would
be helpful if the City Engineer and City Attorney meet with distributors to
explain the requirements of the proposed ordinance.
lO. ORDINANCE 2017 REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET
BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D
TO C-O-P SECOND READING AND ADOPTION (Director of
Planning)
The ordinance was placed on first reading at the meeting of January 11, 1983
which rezones the subject property to C-O-P and amends the Building Line Map
in accordance with Planning Commission Resolution PCZ-83-C.
MSUC (Moore/Cox) to place the ordinance on second reading and adoption; the
text was waived by unanimous consent passed and approved unanimously.
City Council - 6 - January 18, 1983
11. ORDINANCE 2018 AMENDING CHAPTER 9.20 OF THE MUNICIPAL CODE RELATING
TO CHARITABLE SOLICITATIONS SECOND READING AND
ADOPTION (City Attorney)
The City Attorney stated that this amendment repeals provisions of the City's
charitable solicitation ordinance which purports to "establish" certain
religious organizations and grant discretion to the Police Chief to waive a
permit for "established" religions, both of which are of dubious legality.
The ordinance was placed on first reading at the meeting of January 11, 1983.
MSUC (McCandliss/Moore) to place the ordinance on second reading and adoption;
the reading of the text was waived by unanimous consent passed and approved
unanimously.
12. REPORT OF THE CITY MANAGER (None)
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
13. REPORT DEVELOPMENT FEE COMPARISONS WITHIN SAN DIEGO COUNTY
(Director of Management Services)
At the Council meeting held on October 19, 1982, Council accepted the revised
fees for the Master Fee Schedule and directed that staff return with a
resolution adopting the revised Master Fee schedule. In addition, Council
requested that staff "prepare a listing of a typical and realistic development
and compare the total costs through the permit stage on to the development
stage in Chula Vista with other cities in the County and include the County of
San Diego." The Director of Management Services used the Development Fee
Schedule recently compiled by the Construction Industry Federation in an
attempt to do this and submitted the report to Council.
MSUC (Scott/Cox) to accept the report.
14. REPORT BRIDGE OVER THE ACACIA STREET DRAINAGE DITCH ON THE
GOLF COURSE JOGGING AND EQUESTRIAN TRAIL (Director of
Parks and Recreation)
At the December 14th meeting, Council directed staff to inspect the horse
trail and foot bridge on the jogging path crossing the Acacia Street drainage
system. Concern was expressed as to the amount of water, silt and debris
accumulating in the culvert going under the Bonita Road and supposedly being
stopped by the lower foot bridge on the jogging trail around the Golf Course.
The Director of Parks and Recreation recommended that:
a) the bridge be left in its existing position for the time being; and
b) funds to make necessary modifications to the bridge be included in the
FY 83-84 budget.
The City Engineer and the Director of Public Works Operations concurred with
this recommendation.
City Council - 7 - January 18, 1983
MSUC (Scott/Moore) to bring back a resolution to next Council meeting
appropriating the money.
15. REPORT PARK SECURITY RESIDENT PROGRAM (Director of Parks and
Recreation)
In March 1980, Council approved a pilot program to install a Security Resident
in Greg Rogers Park in an effort to reduce vandalism and theft. Subsequently,
the program was expanded to include Rohr Park and the selected caretakers
moved into a City-provided apartment in Rohr Manor in October 1981. Council,
at the October 12, 1982 meeting, requested a year-end report on the
effectiveness of the program in reducing vandalism in the two parks.
Director of Parks and Recreation Pfister submitted a detailed report stating
that he believed the concept of Park Security Residents is an excellent means
to deter, discover and promptly report vandalism at a nominal cost to the City
and urged its continuation. Since Rohr and Greg Rogers Parks are the only
large urban parks in the City, he felt that expansion of the program to
include other parks is not considered appropriate at this time.
MSUC (Scott/Cox) to accept the staff's recommendations.
16. REPORT REQUEST TO AMEND SECTION 19.58.110 OF THE CITY ZONING
ORDINANCE (Director of Planning)
The City Council received a letter requesting that the City amend Section
19.58.110 of the Municipal Zoning Ordinance to delete the words "church" and
"religious" from the standards listed in that section of the ordinance.
The Director of Planning reported that the request focuses on the question of
using on-street parking to accommodate existing churches. The City now
requires churches to provide (1) on-site parking space for every 3-1/2 seats
in the main sanctuary. While this ratio has proven to be adequate in its
application during the past 13 years, many churches were constructed prior to
that time and therefore have less parking than required by today's standards.
The City Attorney indicates that the City's zoning standards do not represent
any "possible taint of unconstitutionality" and it is concluded by the
Director of Planning that the present adopted standards relating to locational
criteria, lot size, setbacks, and parking requrements have proven through the
years to be valid, workable standards which insure that certain
non-residential developments, such as churches, can successfully coexist in
residential areas.
MSUC (McCandliss/Scott) to accept the report. The City Attorney was asked to
notify the person who submitted the request.
City Council - 8 - January 18, 1983
17. REPORT BROADWAY STUDY (Community Development
Director/Director of Planning)
On December 7, 1982, the City Council requested a status report on the
Broadway Study. In April 1982, a detailed report entitled "Broadway Planning
Study" was presented to the City Council and the Broadway Association.
In subsequent discussions with the Broadway Association, the Director of
Planning stated that it is clearly the Association's position that they do not
favor a redevelopment project on Broadway. Without full support and
participation of the merchants and property owners, he felt it would not be
appropriate to proceed any further at this time. His recommendation was that
Council note and file this report and staff continue a liaison with the
Broadway Association.
MSUC (Scott/Cox) for staff to come up with a time for this type of study to
encourage a more economic development along Broadway which may include
deepening the (commercial) lots.
Mr. Neil Haas, 165 Broadway asked that the Council not give up on this - that
a survey be made of all the businesses along Broadway - perhaps on an
individual basis. The merchants have concerns as to what happened on Third
Avenue (trees blocking business signs, etc) - they do not want to be "hurt"
this way.
Director of Planning Gray expressed his concern as to the priority of this
project commenting that his staff is involved with the bayfront development
and it may be six months before an in-depth study of Broadway can be made.
Councilman Scott suggested the study incorporate the area north of "E" Street
first, then go on from there.
MSUC (Moore/Cox) for the Mayor to meet with the Town Centre Project Area
Committee to request their expertise to serve a specific area within the
business community on Broadway.
18. REPORT STATUS OF AGREEMENT BETWEEN SCOOT AND AZTEC BUS LINES
(City Engineer)
At its meeting on November 16, 1982, Council raised questions concerning the
current agreement between SCOOT and Aztec Bus Lines for operating Chula Vista
Transit (CVT). These questions related primarily to the term of the existing
agreement, and the interest expressed by San Diego Transit (SDT) in submitting
a bid to operate CVT for next fiscal year, FY 1983-84. The report from the
Transit Coordinator Gustafson addressed Council's questions regarding the
uncertainties and potential problems in contracting with SDTC for FY 1983-84.
Because of these uncertainties and since the City is satisfied with Aztec's
performance under the existing agreement, it is the recommendation of the
City Engineer that Council recommend to SCOOT Board that the Transit Division
negotiate an agreement with Aztec Bus Lines to operate CVT for one more year,
FY 1983-84.
Councilman Scott requested this item be held over for one week due to the
absence of Councilman Malcolm.
MSUC (Scott/Moore) to hold this item over for one week.
City Council - 9 - January 18, 1983
19. REPORT STATUS OF ENGINEERING DEPARTMENT INVESTIGATION INTO
ODORS IN THE VICINITY OF BAY BOULEVARD AND "J" STREET
(City Engineer)
At the September 19, 1982 Council meeting, staff was directed to investigate
the source of objectionable odors in the vicinity of the Bay Boulevard and "J"
Street intersection. Engineering staff has continued to investigate the
source of odors in the vicinity of Bay Boulevard and "J" Street.
Since September 12, 1982, odors in either the specific or broad vicinity of
Bay/"J" intersection have been reported/detected fourteen times; however, the
Engineering Department's investigation into the source of objectionable odors
has not identified any specific cause or source of odors. It appears that the
"J" Street metering station is one distinctly possible source. Public Works
and Engineering Department staffs have implemented a number of steps to reduce
or eliminate the "J" Street station as an odor source in the future and will
continue to investigate all future odors at this location.
MSUC (McCandliss/Moore) to accept the report.
20. REPORT NAME FOR NEW PARK AT BAY BOULEVARD AND "F" STREET
(Community Development Director)
The City Council at the December 7, 1982 meeting requested that consideration
be given to naming the new park at Bay Boulevard and "F" Street. The Director
of Community Development submitted a list of suggested names recommending that
"Bay Vista" be the name to be utilized for identification of the new park.
MSC(McCandliss/Cox) to name the park "Tideland's Park". Councilman Scott
voted "no" indicating that "View Point Park" would be a more appropriate
name.
21. MAYOR'S REPORT
a MSUC (Moore/Scott) to ratify the appointment of John Kincade to the
Safety Commission.
b. Mayor Cox announced that on Friday, January 21 at 10:30 a.m. there will
be an opening of the Legislative Office building at 430 Davidson Street.
c. MSUC (Cox/Moore) for staff to investigate the "used car lot" at Bonita
Road ("E" Street) and Flower Street.
d. In reference to a report from the Director of Management Services
regarding the citizens survey, Mayor Cox asked Mr. Thomson to check with
Sandag for their charges in conducting the entire survey.
City Council - lO January 18,
1983
22. COUNCIL COMMENTS
a. Councilmembers welcomed John Goss as City Manager
b. Councilmembers con9ratulated Mayor on State of City Message.
c. MSUC (McCandliss/Moore) for reconsideration of Item No. 20.
MS (McCandliss/Scott) to name the area the "Least Tern Park". The motion
failed by the following vote, to-wit:
Ayes: McCandliss , Scott
Noes: Cox, Moore
Absent: Malcolm
MSC (Cox/Moore) to name the area "Tidelands Park". Councilman Scott
voted "no".
d. Councilwoman McCandliss reported on a California State program that was
turned over to the County with only 60% operating capital that had been
originally funded. The program was to start January 1 and the County set
up the process of trying to design a medical system by mid-December and
sent two recommendations to the Board of Supervisors. This region (with
help of Bay General Hospital and San Ysidro Health Center) was first to
get their contracts in place and began serving the medically indigent
adult on January 1.
The Council recessed to Redevelopment Agency meeting at 9:13 p.m. and
reconvened the Council meeting at 9:25 p.m. at which time they recessed to
Closed Session. The City Clerk was excused and the Mayor reported that the
session adjourned at 9:50 p.m.
ADJOURNMENT at 9:50 p.m. to the meeting scheduled for Tuesday, January 25,
1983 at 7:00 p.m.
WPC :0240C
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