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HomeMy WebLinkAboutcc min 1983/04/26STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COb~qTY OF S?~q DIEGO ) ss OF ADJOURN~.~NT OF .~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 regular meeting of the Council of the City of Chula Vista was held April 26, 1983 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, April 27, ]983 at ~he hour of ]0:20 a.m. 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 April 26, ]983 was held. Subscribed and sworn to before me this day of 19 Notary PtLblic in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held April 26, 1983 The City Council met in the Council Chambers at the City Hall, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Cox, McCandliss, Scott, Malcolm, Moore Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday, April 28, 1983 at 4:00 p.m. in the ~o~=l=-=e~s/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 _April 26, 1983. N~E M. FULASZ, CM~, City ~erk of Chula Vista, California MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday - April 26, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Malcolm and Moore Councilmembers absent: None Staff present: City Manager Goss, Assistant City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PRAYER The 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 APRIL 19, 1983 MSUC (Cox/Moore) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION DECLARING THE WEEK OF MAY 1 THROUGH MAY 7, 1983 AS "YOUTH WEEK" The proclamation was presented by Mayor Cox to Robert Sherwood, Youth Activities Chairman for the Chula Vista Elks Lodge. b. PROCLAMATION PROCLAIMING THE MONTH OF MAY 1983 AS "NEIGHBORHOOD WATCH MONTH" The proclamation was presented by Mayor pro Tempore Scott to George B. Gillow, Chairman of the Crime Watch Committee. c. PROCLAMATION PROCLAIMING THE WEEK OF APRIL 24 THROUGH APRIL 30, 1983 AS "NATIONAL SECRETARIES WEEK" The proclamation was presented by Mayor pro Tempore Scott to Patricia Guardacosta of the City Clerk's office. City Council Meeting - 2 - April 26, 1983 3. WRITTEN COMMUNICATIONS LETTER REGARDING STREET CLOSING BY ADMA COMPANY FOR IMPROVEMENT PURPOSES REFUSING ACCESS TO HOME ON JACARANDA DRIVE (Lawrence Lassman) City Engineer Lippitt reported that he met with the developer (Adma Co.) on Friday to discuss both Mr. Lassman's concerns and the letters sent to the residents by ADMA. The purpose of ADMA's letter was to inform the residents of who to call regarding specific problems and that emergency equipment would not be detained. Councilman Scott stated there should be easy access for emergency vehicles at all times along Jacaranda Drive. Mr. Lassman, 471 Jacaranda Drive, Chula Vista, read correspondence from Adma and several individuals stating the the only access to his home is Jacaranda Drive off Peppertree Drive and that there are elderly and ailing residents requiring medical services; therefore, a lack of access would endanger residents, as Jacaranda Drive is a dead-end street with no alternative exit or entrance. Mr. Lassman commented on Adma's lack of response to telephone calls or letters when told one of the neighbors is a cancer patient confined to a wheel chair who has to take many trips to the doctor's office and he felt his rights were seriously affected. He requested a temporary road alongside of Jacaranda. Nathan Adler, President of Adma Co., 4398 Bonita Road explained the letter sent by his company was sent as a courtesy to the City of Chula Vista and neighbors to advise them of the fact that Jacaranda Drive would be modified. He explained the company would be putting in a sewer, water, storm drain system, and redo an entire road. Adma pledges full cooperation with the City, residents and all people involved and will open up the south side of Jacaranda to give the residents access. Adma responded to all telephone calls but never received a letter or call from Mr. Lassman who Mr. Adler indicated wants to obstruct progress. Mayor Cox asked if there would be accessibility all the time during construction. Mr. Adler stated Adma would do the best they can and are interested in always providing accessibility. Shoulder driving will always be permitted and when workmen leave, the portion of road worked on will be plated. MSUC(Scott/McCandliss) to get assurance from Adma Corporation that emergency vehicles will have access at all times and another letter should be written telling the actions the Council took and making it a little more people oriented and in less legal terms. In answer to Councilman Moore's questions, City Engineer Lippitt stated permits are required, inspection fees must be paid, sewers will be inspected and the City is involved in improving the drainage along Peppertree Drive in the amount of $5,000. AGENDA - 3 - April 26, 1983 PUBLIC HEARINGS AND RELATED RESOLUTIONS 4. PUBLIC HEARING APPEAL OF PLANNING COMMISSION APPROVAL OF VARIANCE ZAV~83-6 REQUEST FOR A REDUCTION IN THE SIDE YARD SETBACK TO 824 DAVID DRIVE MARIANO AND JOANN INGARGIOLA (Director of Planning) This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained that on March 23, 1983, the Planning Commission voted 5 to 2 to approve a variance request for a reduction in the required sideyard setback from 10 feet to 7-1/2 feet in order to construct an ll-1/2' x 24' family room addition onto the existing single family dwelling located at 824 David Drive in the R-1 zone. The property owner immediately to the east has appealed the decision of the Planning Commission. A previous variance was granted by the Zoning Administration in 1974 and was allowed to expire. Failure to approve the variance would require the applicant to reduce the proposed family room construction to 9'. The only other option would be to remove the patio area which would be costly. Mr. Lee showed slides of the 6' retaining wall located at the side of the property line and the floor plan of the proposed addition as well as an area map of the location of petitioner's homes who were for or against the variance. The recommendation of the Planning Department is to deny the appeal and allow the proposed addition to be built within 7-1/2' of the easterly property line. Approval of the appeal requires a 4/5's vote by Council. Councilmembers asked various questions regarding setback footage; level of roof line and proposed addition and amount of open space available after construction. Jo Ann Ingargiola, 824 David Drive, Chula Vista stated she and her family have resided at the property for 12 years and it was their intent to add a family room to their home. Two prior variances had been submitted to which Mr. and Mr. Burrill (their neighbors) offered no objection. Since the facts had been presented and the plot plan had been shown, she asked Council to acknowledge the fact that this is an opposition of a personal nature and not one of hardship adding that the roof-line of the addition will be below the 6' fence which will allow more privacy which would be of benefit to both families. The fence was installed two weeks ago. Councilwoman McCandliss asked her if there was anything unusual about her family or lifestyle that would threaten her neighbors with extensive noise to which Mr. Ingargiola replied nothing at all. Robert Burke, 1231 Corte de Cera, Chula Vista, a local building contractor said he was asked to bid the room addition if they were granted a variance. He felt the planners were unjust in granting overall sideyard setback of 13' between dwellings and feels 10' between each dwelling is adequate. m 1 T City Council Meeting - 4 - April 26, 1983 Shirley Burrill 822 David Drive, Chula Vista, remarked she did not object to the 1967 variance but had no knowledge of the 10' setback of properties. The variance was granted and expired. She feels the Ingargiola's could build the addition in the back of their house. She talked to some of the other neighbors who objected to crossing the 10' setback. Councilman Scott asked her what the relationship was with her neighbor and she stated they have not spoken since 1974. Councilwoman McCandliss restated the main point as being to maintain the integrity of the R-1 neighborhood and maintaining the lO' setback and showed concern that the opposition has come from Berland Way and Tiffany. Mrs. Burrows declared the whole neighborhood should share in this decision and desired to have the opinion of others in the neighborhood. Dick Bouge, 827 Wyler Drive, a building inspector who lives one-half mile south of the property felt property value in the area would decrease because of the setback and was opposed to the variance. Charles SQuire, 812 Halecrest Drive said he was against the variance and felt fortunate to have the zoning and wishes to maintain the integrity of the zoning. There being no further comments either for or against, the hearing was declared closed. Councilman Malcolm expressed his concern regarding changing a policy which would lessen the value of property. Inasmuch as several properties in the area have a 5' rather than 1O' setback because of the slope,he Questioned whether granting the appeal would bring into conformance some of the properties in the area. Principal Planner Lee explained that there are houses that are closer than the 10' line in the area and the lot sizes vary considerably. MSC(Cox/Moore) to deny the appeal. The motion carried by the following vote. AYES: Cox, Moore, Scott, Malcolm Noes: McCandliss Absent: None (The appeal has been denied and the variance will be allowed to proceed). 5. ORAL COMMUNICATIONS (None) CONSENT CALENDAR (Items 6,9,10) Councilman Scott requested Items No's 7 and 8 be pulled from the Consent Calendar. MSUC (Scott/Moore) to approve the Consent Calendar - Items 6, 9, 10. City Council Meeting - 5 - April 26, 1983 6. RESOLUTION 11213 GRANTING AN EASEMENT ON LOT 7 OF THE TOWN CENTRE FOCUS AREA TO SWEETWATER AUTHORITY (Community Development Director) A 20-foot easement for the extension of water facilities within the Town Centre Focus Area was granted to Sweetwater Authority when the subdivision map was filed with the County Recorder. Since that time, the plans and alignment for water facilities within the Town Centre Focus Area have been finalized and minor modifications to that original easement must be implemented to provide an accurate easement alignment. Sweetwater Authority has proposed to Quitclaim to the City a strip of land (5' x 315') within the southeast portion of Lot 7 and that the City grant to Sweetwater Authority a strip of land (5' x 315') within the southeast portion of Lot 7 to replace that which is being Quitclaimed. Simply, the existing easement is being moved northward 5 feet. 9. RESOLUTION 11214 ACCEPTING AND DEDICATING CERTAIN REAL PROPERTY IN SAID CITY FOR SIDEWALK PURPOSES AT THE NORTHWEST CORNER OF BROADWAY AND ARIZONA STREET (City Engineer) As a condition of approval of the development at 948 Broadway, the owner is required to install public improvements along the frontage on Arizona Street. Arizona Street right-of-way is in the unincorporated area of the County. The County has required a wider street section than originally planned due to the truck traffic going to and from Ratners at the west end of Arizona Street. ConseQuently, an additional 2 feet of right-of-way is required along Arizona Street plus an area at the corner for sidewalk and a handicap ramp. The owners have executed their portion of the grant document. 10. RESOLUTION 11215 APPROVING TENTATIVE SUBDIVISION MAP FOR ROBINHOOD MALL CONDOS, CV TRACT 83-2, 1665-1667 BRANDYWINE AVENUE ROBERT AND PATRICIA CASEY (Director of Planning) On March 23, 1983 the Planning Commission recommended approval of the tentative subdivision map in accordance with their Resolution No. PCS-83-2. The City Council concurred with their recommendation authorizing the tentative map which divides the property into two lots permitting the development of 14 townhouse units on one of said lots in accordance with the requirements of the State Subdivision Map Act. The site plan and building architecture has previously been approved by the City and the project's design complies with the City's condominium standards. End of Consent Calendar. City Council Meeting - 6 - April 26, 1983 7. RESOLUTION 11216 ACCEPTING PUBLIC IMPROVEMENTS FOR INSTALLATION OF LANDSCAPE, IRRIGATION, AND PARKING LOT IMPROVEMENTS FOR TIDELANDS PARK (City Engineer) McIntyre Construction, Inc. was awarded the contract which included the median island on "E" Street between Bay Boulevard and I-5 freeway. The award was made by Council Resolution 10982 on August 17, 1982. The recommendation is that Council approve the resolution and authorize additional expenditure of funds from Project Account No. 995-9950-BF06 to reimburse the General Fund for engineering staff costs. Councilman Scott questioned the payment of $1,900 for additional overhead expenses due to granting of extension of time. The City Attorney said it was not justifiable and Assistant City Attorney Tom Harron stated they had been contacted but his office had not received any response. Mayor Cox voiced concern with lack of overflow parking for the future Crystal T's and for E1Torito since there is no access from the middle portion of that park as a walkway over to the street. Redevelopment Agency Director Desrocher explained in reviewing Crystal T's proposal, access was requested from Crystal T's to the park. City Traffic Engineer suggested all traffic congestion be diverted to the corner because of the curvature of the street. Some of the parking spaces are provided for overflow and maintenance reimbursement will be provided to maintain those spaces. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Scott/Moore) for Safety Committee to study when plans for Crystal T's come in where sidewalks should be placed in Tidelands Park. 8. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PEO06 AT 315 SURREY DRIVE (City Engineer) Mr. Stephen Taylor requested permission to encroach into the City's Open Space Lot No. 115 in Rancho Robinhood Subdivision to construct a 4-foot high retaining wall, build a storage shed, and maintain an existing 4-foot high chain link fence. The City Engineer recommended that the Council approve the subject encroachment permit with the condition that any landscaping installed within the fenced area in the open space shall be maintained by the property owner. Councilman Scott expressed his concern with open space usage stating that if everyone used open space property for storage area, it would defeat purpose of open space. MSUC (Scott/Moore) to put this item off till next week so staff can have more time to support their position with more supporting material. C~ty Council Meeting - 7 - April 26, 1983 RESOLUTIONS AND ORDINANCES, FIRST READING ll. RESOLUTION 11217 ACCEPTING BIDS AND AWARDING CONTRACT FOR "IMPROVEMENT OF TELEGRAPH CANYON ROAD HILLTOP DRIVE TO MELROSE AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA" (City Engineer) On March 9, 1983 the City Engineer received the sealed bids for the work to be done which consists, in general, of constructing street improvements which include excavation and grading, asphalt paving, base, curb and gutter, A.C. berm, sidewalks, sidewalk ramp, cross gutter, drainage facilities, street light and conduit, landscaping, and other miscellaneous work. The City Engineer recommended authorization of the expenditure of $175,000, acceptance of the bids and awarding of the contract to ABC Construction Co., Inc., - San Diego, in the amount of $153,627. Council discussion involved the time element for completion of the project; whether the street would be closed for construction and how long it would take if the Telegraph Canyon Road was closed. City Engineer Lippitt responded the project would be completed in 60-90 days; closing the road would not be significant cost-wise - only a saving of $2,200 and most of the work would be in widening the segment at the edge of the road. Councilman Malcolm commented on a call he received from one of the low bidders who advised him the City could save a lot of money if it renegotiated with a low bidder - it would be a lot lower than $2,200. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION 11218 APPROVING CITY'S PARTICIPATION IN AN OFFICE OF TRAFFIC SAFETY GRANT WITH THE CITIES OF EL CAJON AND LA MESA FOR COMPUTER EQUIPMENT AND APPROVING TRANSFER OF FUNDS (City Engineer) For the past several years, the City of Chula Vista has had its accident record system in San Diego County's computer. The system was put on the County's computer by an OTS grant and the service was provided free of charge to Chula Vista. Since the County is experiencing financial difficulty, they proposed to the City, during the budget last year, to charge for this service. Council directed staff to look into a system whereby the accident records will be kept on the City computer. Staff has done this and found that it would require significant programming to convert the County's system to the City's Burroughs computer; however, in investigating the matter it was discovered that the Cities of La Mesa and E1 Cajon were experiencing the same problem and have applied to the Office of Traffic Safety for a grant to accomplish this task. The Office of Traffic Safety has approved a grant whereby they will purchase computer eauipment for the three cities, provided that the three cities hire a consultant to do the software work necessary to transfer the system from the County's computer to theirs. This will provide up to $16,000 worth of eauipment per City for a software cost to each City of $5,000. ....... I · 1T City Council Meeting - 8 - April 26, 1983 The City Engineer recommended the City Council agree to participate in the grant program; to designate the City of E1 Cajon as the lead agency in the grant; and to provide funds in the amount not to exceed $5,000 for computer software conversion. Mayor Cox noted that the resolution has been revised as the original resolution referred to the computer being at Traffic Safety and the Traffic Engineering Division would have the computer but the revised resolution showed it would be a City-owned computer. Councilman Scott was concerned with 4/5's vote being necessary and City Engineer Lippitt stated it would be a transfer of funds as money has already been appropriated. Councilman Scott declared the integrity of the Charter should be maintained and hoped the Chair would recognize and note this. RESOLUTION WAS OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. ORDINANCE AMENDING CHAPTER 19.60 BY ADDING THERETO A NEW SECTION 19.60.185 ESTABLISHING AN ADDITIONAL SIGN STANDARD PROHIBITION FOR FREEWAY ORIENTED PRICE SIGNS - FIRST READING (City Attorney) On April 19, 1983 the City Council conducted a public hearing to consider the adoption of an ordinance which would prohibit the use of price signs at freeway intersections. The Planning Commission by a vote of 5-2, concluded that they could find no distinction between price and nonprice signs. The City Council reached the contrary conclusion that there was a valid distinction and that in compliance with constitutionally approved aesthetic controls, they would seek to eliminate such price signs from freeway intersection locations and such signs as might be oriented to the freeway which would probably also be within the area of a freeway interchange. In his written report to Council, the City Attorney recommended the proposed ordinance be filed concluding that the proposed ordinance would be subject to constitutional challenge and would recommend that the city maintain the aesthetic integrity of freeway intersections which are obviously extremely important to the economical well being of the community through other legitimate sign regulatory mechanisms. Councilman Scott noted by the City Attorney's comments that the action might possibly be unconstitutional and the intent of Council is not to have a sign along the City's entrance in order to make the city more attractive and create a business atmosphere conducive to bringing high quality companies into the City. Councilman Scott felt the intent of Council could be met by some other means. MSC(Scott/Moore) to refer this matter to City staff to come up with ways to meet the constitutional auest~on. City Council Meeting -9- April 26, 1983 The motion passed by the following vote: AYES: Cox, Scott, McCandiss, Moore Noes: Malcolm Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14. RESOLUTION 11219 APPROVING THE USE OF LTF ARTICLE 8 CLAIM FOR FUNDS FOR THE CONSTRUCTION OF BIKE LANES ON OTAY LAKES ROAD FROM BONITA ROAD TO EAST "H" STREET AND TRANSFERRING FUNDS (Continued from meeting of 4/19/83) (City Engineer) On June 16, 1975 the CPO Board of Directors, now called SANDAG, approved a $20,475 allocation for the construction of bicycle facilities within the City of Chula Vista. The various facilities were completed, but (1) some of the improvements were included in other projects and (2) the City has been earning interest on the remaining fund balance for these past few years. The current balance in that account is $26,683.08. The proposal is to use this balance for the construction of bicycle route improvements on Otay Lakes Road. Conditional approval for the use of these funds from the SANDAG Bicycle Facility Committee for this purpose has been obtained. The City Engineer recommended Council approve the use of the $26,683.08 LTF Article 8 Claim funds for the construction of the bicycle lanes. Councilman Scott Questioned with the $20,475 besides siphoning off money from LTF money whether anything would be accomplished. Councilman Moore asked if the money could be reallocated to a different bike route National City/Imperial Beach. City Engineer Lippitt responded the project was conceived to widen Otay Lakes Road to allow for bike lanes, There are three schools at the top of the hill which could all use bicycle facilities. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. The resolution carried by the following vote: AYES: Cox, McCandliss, Malcolm, Moore Noes: Scott Absent: None .... I · 1 T City Council Meeting - lO - April 26, 1983 15. REPORT OF THE CITY MANAGER (None) REPORT OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT NON-RESIDENT LIBRARY SERVICE (Library Director/Director of Management Services) At a budget hearing on May 27, 1982 the City Council requested certain questions relating to non-resident library service be researched. The report responds to those Questions by analyzing the costs and benefits related to Chula Vista's non-resident library service. The recommendation of the City Librarian is to accept the report, reconfirming the City's policy of participating in cooperative library services and providing related services to non-residents. ~_z~_~ MSUC (~e~eyScott) To continue this item to Budget Session. ~9 MSUC (Cox/Scott) to recess to Closed Session for personnel matters. The Council; recessed at 8:00 p,m. and the meeting reconvened at 8:55 p.m. 17. MAYOR'S REPORT a. Mayor Cox announced the resignation of City Attorney Lindberg effective July 1, 1983 commenting that he has been a valued employee of the City of Chula Vista for the last 19 years and his resignation is accepted with regret. b. Mayor Cox stated the San Diego Chargers got Don Fouts. c. Mayor Cox reported the Coastal Commission approved the Sweetwater Flood Control project without any stipulations whatsoever. The project can now move forward and not jeopardize the City's Local Coastal Plan. Councilman Scott commended the Mayor for his outstanding job and the amount of hard work, dedication and tenacity the Mayor extended on the Flood Control Project and asked the audience to applaud. Mayor Cox commended all the people who assisted him. 18. COUNCIL COMMENTS a. Councilman Malcolm requested that Council action be taken regarding collection of trash fees. City Manager Goss noted there are over 400-500 people who are not paying their trash fees. MSC (Malcolm/Moore) for staff to bring back a report on how the City can collect from the several hundreds of people who are not going along with mandatory trash pick-up and for the official breakdown on people who have not paid. City Council Meeting - ll - April 26, 1983 The motion carried by the following vote: AYES: Cox, McCandliss, Moore, Malcolm Noes: Scott abstained (due to possible Conflict of Interest) Absent: None b. Councilman Moore said he represented the Mayor at the South Bay Managers' and Mayors' monthly meeting. The Director for Caltrans and MTDB were present. The item discussed was the potential of modifying bike trails that go from San Diego, National City via Imperial Beach to Coronado and the use of the Coronado old spur railroad track. Caltrans and MTDB sounded interested. MSC (Moore/Malcolm) for the City Manager and staff pursue this bike trail project to see if the City can move forward and investigate what some of the stumbling blocks, if any could be. The motion carried by the following vote: AYES: Cox, McCandilss, Moore, Malcolm Noes: None. Absent: Scott not present at the time vote was taken Councilman Moore stated that he was convinced that this type of bike path would be totally utilized. This would be an isolated, semi-scenic route and feels it would have a lot of potential. ADJOURNMENT AT 8:57 p.m. to the Council Conference scheduled for Thursday, April 28, at 4:00 p.m. in the Council Conference Room; the joint meeting with School Districts scheduled for May 2, 1983 at 4:00 p.m. and the Council meeting scheduled for Tuesday, May 3, at 7:00 p.m. JENNIE M. FULASZ City Clerk, CMC PATRICIA GUARDACOSTA Deputy City Clerk WPG:0286C PAG