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HomeMy WebLinkAboutcc min 1981/05/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, May 12, 1981 Council Chambers, Public Services Building ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, McCandliss Councilmen absent: Councilman Cox Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. PHBLIC HEARINGS AND RELATED ORDINANCES 5. Public Hearing - Consideration of acquisition of various properties through eminent domain (Chula Vista Woods) (City Attorney) City Attorney Lindberg reported that at the meeting of April 21, 1981, the Council directed that a new hearing be set on June 2, 1981 regarding the intention to condemn right-of-way to serve the Chula Vista Woods Subdivision. The developer and his attorney have now requested that the matter be filed and the property owner, United Enterprises, Inc. be so notified. Michael Spata, attorney, representing United Enterprises, Inc., 1007 Fifth Avenue, San Diego, indicated that United Enterprises is continuing to contend with Otay Municipal Water District regarding an easement and asked if Council's motion to file the matter would be conclusive determination that it will refrain from going forward with eminent domain proceedings at this time. The Council indicated this intent. MSUC (McCandliss/Scott) to file the matter. 1. APPROVAL OF MINUTES for the meetings of April 23 and May 5, 1981 MSUC (Scott/McCandliss) to approve the minutes as submitted. 2. SPECIAL ORDERS OF THE DAY a. Proclamation - "National Public Works Week" - May 17 through May 23, 1981 Mayor Hyde declared the week of May 17 through 23, 1981 as "National Public Works Week" in Chula Vista, and presented the Proclamation to City Engineer John Lippitt. b. Proclamation - Declaring the week of May 10 through May 16, 1981 as "Girls Club Week" Mayor Hyde presented a Proclamation to members of the Chula Vista Girls Club declar- ing the week of May 10 through 16, 1981 as "Girls Club Week" in the City of Chula Vista. 3. ORAL COMMUNICATIONS - None 4. WRITTEN COMMUNICATIONS a. Claim Against the City - Max Montez III, 118 Mesa Avenue, National City A claim was filed against the City on b~rch 6, 1981, by John A. Crawford, represen- ting Max Montez III, for false arrest and personal injury. As the claim was not presented within 100 days after the incident, the claim was returned to claimant, who subsequently filed an Application for Leave to Present a Late Claim. MSUC (Scott/Gillow) to deny the Application for Leave to Present a Late Claim. b. Request to address Council re vacation of Madison Avenue, south of "H" Street bM Joseph Fisch, Attorney Ed Peterson, 530 "B" Street, San Diego, representing California First Bank, dis- cussed the June 1979 public hearing at which Council voted to vacate Madison Avenue subject to three conditions. The vacation was contingent upon issuance of a building City Council Meeting -2- May 12, 1981 4. WRITTEN CO~UNICATIONS (Continued) b. permit satisfactory to all concerned parties; the granting of easements to adjacent property owners; and notification to the bank of site plan review prior to Council approval so that the bank could have input into the review process. Mr. Peterson stated that it is the bank's understanding that a site plan has been approved and construction commenced without those conditions having been observed. He distributed to Council a map of the affected area, reflecting an access/ingress easement from Broadway west to the south end of Madison Avenue. Clayton Anderson, attorney from Joseph Fiseh's office, representing the owners of Chula Vista Square Shopping Center, reiterated Mr. Peterson's concerns, and asked if a final site plan has been prepared since numerous plans have been prepared and revised over the past two years by the developer, Mrs. Stone. He indicated that the three conditions described by Mr. Peterson concerning the vacation have not been met and that Madison Avenue is being vacated as evidenced by Resolution No. 9642 approving said vacation. Mr. Anderson noted that Chula Vista Square was to be given copies of two easements discussed at the June 1979 meeting since those easements have an immediate impact on the businesses in Chula Vista Square, and that his clients were to be given ten days to examine the easements. This was not done. He further objected to not being notified of site plan review which took place in December 1979, since it had been agreed in June that they would be notified, and he also objected to siting of the building on the plan which was approved in December, indicating that it was located too close to the 3 foot landscaped easement proposed to be granted to Chula Chula Vista Square. In addition, he commented on the location of the construction fence encroaching on their existing easement creating a dangerous traffic condition for people trying to use the shopping center and the bank. In conclusion, Mr. Anderson appealed Council to: (1) suspend the building permit immediately; (2) conduct a survey to determine what is being constructed and where; and (3) determine what the final site plan is, and when completed to conduct another hearing. He further recommended that Council condition the new construction on Mrs. Stone painting the area behind her building to indicate there is to be no parking or loading and that she police the area to ensure that their easement is not blocked by any activity. Frank Goldberg, an owner of Chula Vista Square Shopping Center, expressed his con- cern that the owners of the shopping center did not have an opportunity to review the site plan because it was recognized that vacation of Madison Avenue would severely affect shopping center access. He also objected to obstruction of the easement off Broadway by the construction fence. In response to Council's questions, City Engineer Lippitt stated that the construc- tion fence is an issue between the parties and that the City would not be involved unless it were located in City right-of-way. Staff conunented on the conditions discussed at the public hearing in June 1979, and stated that Madison Avenue has not been officially vacated and there has been no work in the street right-of-way. Mr. Lippitt stated that approved easements were to be issued by Mrs. Stone to both Chula Vista Square Shopping Center and California First Bank and that a document was recorded to each owner by Mrs. Stone on May 7, 1981. Concerning the location of the building three feet off the easement line, Mr. Lippitt stated that Mrs. Stone's surveyors improperly sited the building on the easement and she has agreed to relocate it in conformity with the Council-approved plan. In response to Council query, Director of Planning Peterson stated that there is only one building in question and it will be moved to its correct location. In response to Mayor Hyde's question, Mr. Anderson stated that an easement across the middle of the property remains to be resolved and Mrs. Stone needs to be made responsible for making sure that parking in the rear of her building will not interfere with flow of traffic over that easement. He reiterated his request for another hearing to provide opportunity to review the actual site plan. MSUC (Hyde/McCandliss) to direct staff to confer with the concerned parties to identify unresolved issues and to return to Council with recommendations as to what actions need to be taken, if any, to conclude the problems. City Council Meeting -3- May 12, 1981 PUBLIC HEARINGS AND RELATED ORDINPdNCES 5. See Page 1. (Item taken before Approval of Minutes.) RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION NO. 10457 - Granting an extension of time, Hacienda Landscape Company, Vista Square Park (City Engineer) The Resolution approves granting a thirteen day extension of time to Hacienda Land- scape Company for construction of improvements in Vista Square Park. City Engineer Lippitt reported that rain and wet ground on several days in March and April re- stricted landscaping productivity and that the request for extension is justifiable under the terms of the contract. RESOLUTION OFFERED BY Councilman Gillow, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION NO. 10458 - Approving Agreement with Otay Municipal Water District (City Engineer) City Engineer reported that Otay Municipal Water District has requested an increase from $0.20 to $0.25 per billing for collection of sewer service charges, pursuant to agreement entered into in January 1965. In addition, Mr. Lippitt advised that other minor changes to the initial agreement have been recommended. RESOLUTION OFFERED BY Mayor Hyde, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10459 - Approving reimbursement of the Gersten Company for a portion of the cost of signal installation at Telegraph Canyon Road and Paseo del Rey and appropriating f~n~ds therefor (City Engineer) The resolution approves reimbursement of $13,796.03, pursuant to the Traffic Signal Participation Policy implemented by the City in August 1978. The City Engineer reported that installation of a traffic signal at Telegraph Canyon Road and Paseo del Rey was completed in November 1979, at a total cost of $46,136.03, which was underwritten by the Gersten Company as a condition of approval of E1 Rancho del Rey Unit No. 5 Subdivision. In addition, Mr. Lippitt stated that staff is working on a reimbursement program for Telegraph Canyon Road and recommends that since the City has adopted a Traffic Signal Participation Program that costs for traffic signals not be considered a part of the road program, but be included in the Traffic Signal Program. RESOLUTION OFFERED BY Councilman Scott, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. ORDINANCE - Adding a new Title 20 to tho Chula Vista Municipal Code entitled "Energy Conservation" (Director of Building and Housing) At the City Council meeting of March 15, 1980, a report regarding energy conserva- tion was presented to the Council and staff was directed to develop an Energy Con- servation Program and related ordinance to become effective July 1, 1981. Director of Building and Housing Grady reported that on April 20, 1981, the Resources Conservation Commission held a public hear±rig concerning the ordinance requiring solar heating of domestic hot water and swimming pools and unanimously recommended Council adoption of the Solar Energy Ordinance. The Commission's recommendation would require all applications for residential building permits issued after July 1, 1981 to include installation of solar heating systems for domestic hot water and swimming pools. It was noted that the ordinance would not apply to condominium conversions and would only apply to applications submitted after July 1, 1981. Eldon Clawson, attorney, 1222 Via Del Sol, San Dimas, spoke in opposition to the ordinance as drafted on behalf of the Swimming Pool Technical Committee indicating that a passive solar system would meet the requirements as well as an active solar system. Mr. Clawson stated that homeowners should be given the option to select either an active or passive system. City Council Meeting -4- May 12, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING (Continued) 9. Ne then discussed the implications of the Public Resources Code on drafting of local legislation stating that particular consideration should be given to Section 25402.1f. concerning sufficient diminution of energy and cost effectiveness to justify a requirement over and above the State requirement. On behalf of the industry, he offered to consult with staff and to give techniEal assistance in redrafting the ordinance and accordingly requested that Council continue the ordi- nance for one week. Dick Brown, representing the Gersten Company, addressed Council in support of solar energy, but opposed the ordinance stating that requiring the developer to install a solar system would significantly increase the cost of housing. He presented a hypothetical analysis of the extended cost of a $3,000 system amortized over a conventional 30 year mortgage, indicating that the cost to the homeowner would be $13,655. He proposed an alternative of requiring that new homes be plumbed for solar systems, leaving the homeowner the option of installing a system. Staff comments included noting that language contained in Section 20.20.040 re- lating to State-approved passive solar systems removes the requirement of going before the State Energy Commission prior to adoption of the ordinance; appropriate notices were filed with the State Energy Conservation Resources Commission in Sacramento prior to the City's Resources Conservation Commission hearing on the ordinance and no response was received; that as utilities continue to rise that the homeowner will benefit from a solar system although the installation will increase the cost of housing; and that of the two tax credits offered (55% - State and 30% - Federal) the developer is eligible to take one and pass the other along to the buyer. Mr. Grady stated that the ordinance has been modeled after the ordinance adopted by the County of San Diego and SANDAG. City Attorney Lindberg commented on the requirement to go before the State Energy Commission, indicating that language in Section 20.20.040 brings the ordinance into compliance with State requirements. He recommended deferring the matter for an opportunity to meet with Mr. Clawson and to obtain additional information. MSUC (Scott/Gillow) to continue the matter for one week. Mayor Hyde directed the City Clerk to leave a note for Councilman Cox that this item is being carried over and requesting that he listen to the tape. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 10. ORDINANCE NO. 1941 - Amending Title 19 of the ~unicipal Code relating to the use of mobile home~ in single-family residential zones - Second reading and adoption (Director of Planning) At its May 5, 1981 meeting, Council put on first reading an ordinance which would permit placement of mobile homes in certain R-1 zones provided the mobile homes were constructed according to the pertinent 1974 Federal regulations. Council placed the ordinance on first reading, with the direction to staff that copies of the 1974 Federal regulations be obtained for Council review prior to placing the ordinance on its second reading. Council discussion related to the requirement to build a garage in R-1 zones apply- ing to mobile homes and to the Federal standards. Mr. Grady commented that the standards are based on the three model codes used throughout the United States. The one utilized in Chula Vista is the International Conference of Building Offi- cials Uniform Building Codes. City Manager Cole commented that the State has preempted local entities with regard to factory built homes but not the Federal government. After continued discussion, it was recommended that the word "federal" on page 3 of the ordinance, fourth line of Section 19.58.145 be deleted so as to delete reference to the Federal standards. MSUC (Gillow/Scott) to place the ordinance on second reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Hyde, McCandliss) to amend the ordinance to delete the word "federal" on page 3, fourth line, Section 19.48.145. City Council Meeting -5- May 12, 1981 11. REPORTS OF THE CITY MANAGER a. City Manager Cole distributed the schedule of Budget Sessions scheduled for the week of May 16. b. MSUC (McCandliss/Scott) for a Closed Door Session to discuss salary negotiations. c. Mr. Cole reported that the passive solar heating system for the pool at Loma Verde is operating. d. Mr. Cole referred to Council's interest in touring the Greg Rogers House prior to budget time, and he asked for an appropriate day and time. By general consent Council agreed to inspect the house Saturday, May 16, either during the lunch break or at the conclusion of the budget session. e. Mr. Cole distributed an information packet for the Redevelopment Agency meeting scheduled for Thursday, May 14, at 6:30 p.m. f. Mr. Cole reported that SB 215 (Foran) regarding a gas tax increase passed the Senate, and Senator Mills voted for it. He recommended that a letter be sent to Senator Mills thanking him for his support of an issue which is favorable to Chula Vista. He also reported that SB 314 (Dills) regarding binding arbitration will be heard on May 19. MSUC (Scott/Hyde) to send a letter reiterating opposition to SB 314 (Dills). City Attorney Lindberg reported that the League is opposing the codification of the Pagaard Decision concerning limiting the number of unrelated persons who live in one dwelling in General Law cities. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 12. Request to add an air conditioning system to the Library Computer Room (Director of Building and Housing) Director of Building and Housing Grady reported that energy use has been monitored since installation of the Library computer and findings indicate that energy costs can be substantially reduced by housing the computer in a separate room and installa- tion of a 20,000 BTU air conditioning unit. MSUC (Scott/Gillow) to approve the expenditure of $1,300. In response to the Mayor's question, Mr. Roberts stated that the balance in the Library Construction Account would be used for landscaping and that a landscaping plan will come before Council by July 1st. 13. Report on request for installation of crosswalks on Orange Avenue at Second Avenue and at Albany Avenue City Engineer Lippitt reported that in February Council received requests for painted crosswalks across Orange Avenue at Second Avenue and at Albany Avenue. The Engineering staff and Safety Commission subsequently studied them with the result that field observations do not justify installation of the crosswalks. Mr. Lippitt added that both intersections would continue to be monitored to detect any significant deviations from the traffic patterns previously observed. MSUC (Scott/Gillow) to accept staff's recommendation. 14. ~IIYOR'S REPORT a. Mayor Hyde reported that Mrs. Betty Roche has been recommended by the Serfs Librar7 System Advisory Board to fill a vacancy created by the expiration of Carmen Dickson's term on the Board. Councilman Scott requested informs[ion on her background prior to voting and recommended holding the matter over to the next meeting. Council concurred. b. Mayor Hyde appointed Clarence Knight to fill a vacancy on the Board of Ethics, and requested Council ratification. MSUC (Scott/Gillow) to ratify the appointment of Clarence Knight to the Board of Ethics. City Council Meeting -6- May 12, 1981 14. MAYOR'S REPORT (Continued) c. Mayor Hyde reminded the Council that interviews for the vacancy on the Planning Commission have been scheduled for 4:00 p.m. Thursday, May 14th. d. Mayor Hyde noted that the Peppermint Trees are being planted by staff to replace the trees that died in the landscaped median on Third Avenue and commented that they represent a substantive change in the architectural design of the landscaping. MSUC (Scott/Hyde) for a report back from staff on what is being planned to replace trees in the area, particularly considering alternatives to Peppermint Trees. e. Mayor Hyde reported that the City Clerk has requested Legislative Committee review of AB 1743 and recommended support of the bill concerning County overhead charges for elections. A resolution in support of the bill is requested with I,egislative Committee concurrence. MSUC (Hyde/Scott) to refer AB 1743 to the Legislative Committee for review and recommendation. 1S. COUNCIL C0~MENTS a. Councilman Scott commented that he read that Cadillac Fairview is merging with another company. b. In answer to Councilman Gillow's query, Mr. Grady reported on activities of the Energy Task Force, indicating the solar heating ordinance was the first priority. In addition, Mr. Grady stated that the Traffic Engineer has appeared before the Resources Conservation Commission on matters relating to reduction of energy costs. c. Assistant City Manager Asmus reported on replacement of lighting at high school tennis courts and research which is being conducted by Parks and Recreation staff, and indicated that a complete report will be available for discussion at budget time. d. Councilwoman McCandliss reported that Huffman's condominium construction project on East "H" Street will be conducted in three phases and she requested that traffic studies be conducted 60 days after the completion of each phase. MSUC (McCandliss/Scott) to direct staff to conduct tr~[£ic studies 60 days after the completion of each phase of construction to investigate any traffic problems in the area. Closed Door Session Council adjourned to Closed Door Session at 8:40 p.m. to discuss salary negotiations. The City Clerk was excused and the City Manager reported that the Closed Door Session ended at 9:15 p.m. ADJOURNMENT at 9:15 p.m. to the budget review sessions scheduled for Saturday, May 16 at 8:00 a.m. and Monday, May 18 at 4:00 p.m. and to the regular scheduled meeting of Tuesday, May 19 at 7:00 p.m. Jennze M. Fulasz, CMC, C~y Clerk STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNmeNT OF M£ETING CITY OF CHULA VISTA ) i, Jennie M. Fulasz, being first duly sworn depose and say : That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the reqular meeting of the Council of the City of Chula Vista was held Tuesday. May 12, 1981 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, May 13, 1981 at ~he hour of 2:15 pm I posted a copy of said order at a conspicuous place on or near the door of the place at which said me'ting of May 12, 1981 was held. _- r Clerk Subscribed and sworn %o before m~ this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, May 12, 1981 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following Councilmen present: Hyde, Scott, Gillow~ McCandliss Councilmen absent: Cox ADJOURNMENT The Mayor adjourned the meeting at 9:15 ~.m. until Thursday, May 14, 1981 at 4 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of May 12, 1981 ~' y a ista, California