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HomeMy WebLinkAboutcc min 1983/02/08 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held February 8, 1983 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Cox, McCand]~ss, Scott~ Ma]'c0]m,'M00re Councilmen absent: None ADJOUPuNMENT The Mayor adjourned the meeting at 7:35 p.m. until Thursday, February ]0, ]983 at 4:00 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 February 8, ]983 Ni~E M. FULASZ, CMC, CITY C~RK f Chula Vista, California STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S?LN DIEGO ) ss OF ADJOURN~ENT 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 Co~cil of the City of Chula Vista was held Tuesday, February 8, ]983 and said meeting was adjou. z~ed to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, February 9, ]983 at the hour of ]0:30 a.m. I posted a copy of said order aL a conspicuous place on or near the door of the place at which said me~ting of February 8, ]983 was held. Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of Califo~ia MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, February 8, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Malcolm, Moore Councilmembers absent: None Staff present: City Manager Goss, Assistant City Manager Asmus, City Attorney Lindberg 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 February l, 1983 MSUC (Malcolm/Cox) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. Mayor Cox acknowledged receipt of a check for $167 for a tree to be planted in memory of Frederick Pottharst. Mr. Pottharst, a resident of Chula Vista, worked at Ram Enterprises in National City. He died recently of a coronary occlusion and his co-workers all chipped in to give this money to the City for a living memorial to Mr. Pottharst. b. Mayor Cox announced that for the third year in a row Chula V~sta has been designated "Tree City USA". 3. WRITTEN COMMUNICATIONS a. Resignation of Jack Nakawatase from Design Review Committee Mr. Nakawatase submitted his resignation due to change in emplo3nnent status. MSUC (Moore/Malcolm) to accept the resignation with regret and a letter of appreciation be sent to Mr. Nakawatase. b. Letter from Assemblyman Peter R. Chacon to support AB 45, creating a Consumer Untilty Board representing consumers at all utility company hearings before public agencies City Council -2- February 8, 1983 Assemblyman Chacon asked for support of AB 45 which would create a Consumer's Utility Board to represent consumers at all utility company hearings before public agencies. The City Manager recommended in light of the City Council's recent action in asking that the entire question of utility rates be brought before the San Diego County Division of the League Executive Board, it would be appropriate that this request be considered by that group before taking action on this request. He recommended that the AB 45 proposal be supported as one viable alternative when considered by the Executive Committee of the League. MSUC (McCandliss/Scott) that a letter be directed to the Mayor's Committee to the League of California Cities, San Diego County Cities, to be considered at the time they consider the whole issue of public input to the PUC. c. Letter from Richard D. Shope of Coldwell Banker regarding Parking Violations, Chula Vista Shopping Center - Broadway and "H" Streets Richard Shope, Real Estate Manager, Caldwell Banker, requested police enforcement of those areas of the parking lot at Broadway and "H" that are designated for handicapped parking and the curbs that are painted red. The recommendation of the City Manager was to refer this item to staff. MSUC (Scott/Malcolm) to refer this matter to staff. 4. ORAL COMMUNICATIONS a. Bess Pocklington, 656 Glover Place, Chula Vista, complained of the two recent jail breaks at the South County Regional Center (Third Avenue and "H" Street) stating that the windows and barriers have not been fixed or replaced and urged the Council to contact the Board of Supervisors to get this matter done as soon as possible. MSUC (Scott/Cox) that a letter be sent to the Board of Supervisors stating the Council's concern with the hope that they (Board of Supervisors) will expedite the matter as quickly as possible. Councilman Malcolm noted that the legislators of this district have already written letters to the Board of Supervisors asking for immediate action. b. Bob Maxwell, 473 Berland Way, Chula Vista, discussed the recent incidents of hazardous waste in other cities of the County. He suggested that at the Otay landfill instead of putting in a trash-to-energy-plant that the Council consider permitting a development of an amusement park such as Knott's Berry Farm. He added that King~s Dominion in Virginia builds this kind of park. c. Patricia Porter, 418 "I" Street, Chula Vista, agreed with Mr. Maxwell stating that with all the recent and proposed developments in the City "Chuta Vista is looking pretty good". She stated that the City should be identified as "Chula Vista" and not referred to as a "South Bay City" in the news media. Mrs. Porter also expressed her concern with the jail breaks at the County Center. City Council -3- February 8, 1983 CONSENT CALENDAR MSUC (McCandliss/Malcolm) to approve the Consent Calendar.(Items 5-6-7). 5. RESOLUTION 11161 ACCEPTING PUBLIC IMPROVEMENTS, RANCHO ROBINHOOD III SUBDIVISION (City Engineer) Ponderosa Homes has finished and completed the installation of public improvements for Rancho Robinhood Unit III Subdivision as approved by Resolution 8681, dated June 27, 1977. A final inspection was held on May 12, 1981 and a letter of deficiencies was sent to Ponderosa Homes. All items as stipulated in the letter of deficiencies has now been completed in accordance with the improvement agreement and to the satisfaction of the City Engineer. 6. RESOLUTION 11162 ACCEPTING DRAINAGE EASEMENT OVER A PORTION OF LOT 4 OF CHULA VISTA TRACT NO. 81-1, TOWN CENTRE TOWNSITE TRACT NO. 2 (City Engineer) In order to serve the various parcels in Chula Vista Tract No. 81-1, Town Centre Townsite Tract No. 2 with utilities, the City needed to construct sewer, water, and storm drain facilities. In order to construct the storm drain facilities, it was necessary to obtain an easement over the southerly 10 feet of Lot 4 of Chula Vista Tract No. 81-1, Town Centre Townsite Tract No. 2, according to Map No. 10505. Mr. Richard G. Zogob, owner of said lot, has granted a drainage easement to the City of Chula Vista. 7. ORDINANCE 2021 AMENDING SECTIONS 9.13.180 THROUGH 9.13.250 OF THE MUNICIPAL CODE, ALL RELATING TO THE REGULATION OF NONOBSCENE NUDE ENTERTAINMENT SECOND READING AND ADOPTION (City Attorney) The regulations of live entertainment banning nonobscene nude entertainment in bars and restaurants has been revised to include only establishments serving alcoholic beverages. The Ordinance was placed on First Reading at the meeting of February 1, 1983. End of Consent Calendar. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 8a. RESOLUTION 11163 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MR. CLAY GINGERICH TO BE THE CITY'S RESIDENT INSPECTOR AND CLERK OF THE WORKS FOR THE TOWN CENTRE PARKING STRUCTURE CONSTRUCTION PROJECT (Director of Building and Housing/Community Development Director) (Continued from meeting of 2/1/83) 8b. RESOLUTION 11164 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TESTING ENGINEERS SAN DIEGO FOR CHULA VISTA TOWN CENTRE PARKING STRUCTURE (Continued from meeting of 2/1/83) City Council -4~ February 8, 1983 At its meeting held on February 1, 1983, the City Council directed staff to revise the proposed agreement between the City of Chula Vista and Mr. Clay Gingerich as resident inspector for the Town Centre parking structure. The Council's intent was to pay Mr. Gingerich only for time worked not to exceed $20,300 for the duration of the Town Centre construction project. In addition, it was Council's desire that Mr. Gingerich not be paid for days not worked due to rain or other delays. RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the readings of the texts were waived by unanimous consent, passed and approved unanimously. In response to the Council's questions, Director of Building and Housing Grady stated that Mr. Gingerich will begin his contract approximately two weeks prior to the beginning of the construction. 9. RESOLUTION 11165 APPROVING COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASTLE PARK TOWNHOMES AND AUTHORIZING THE MAYOR TO SIGN THE CONSENT FOR RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (City Attorney) (Continued from meeting of 2/1/83) The City of Chula Vista requires the subdivider of condominium subdivisions to name the City as a part to the CC&R's and to authorize the City to enforce its terms and conditions. The VA opposes a provision in a CC&R which makes the City a party to the entire agareement. The VA's legal counsel takes the position that this is too broad, vague and of questionable legality in some instances; for example, where there are provisions that would impede the sale of property. They have requested that the City limit its enforcement powers to those areas of city wide concern. Without such a limitation, Castle Park Townhomes would be unable to obtain VA financing. This proposed compromise, which is contained in the CC&R's as submitted, would allow the City to address its concerns while at the same time make VA financing available to Castle Park Townhomes. On February l, 1983, Council members raised several questions concerning the history of this project. The Director of Planning has submitted the background report on the subject project, noting that the development is a conversion of an existing 39 apartment complex into a one lot condominium. The project is located on a 2.26 acre parcel at 1436 Hilltop Drive in the R-3-G~D zone. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Attorney Lindberg stated that he would be bringing back the change in the ordinance within the next two weeks. City Council -5- February 8, 1983 lO. REPORT OF THE CITY MANAGER a. City Manager Goss reported that the Corps of Engineers is in the final ~-., stages of preparing a project report and EIS for the Sweetwater Flood Control Channel project. They have asked the counties and cities to submit their letters reaffirming their support. The Board of Supervisors will have this item on its docket next Tuesday and requested the City of Chula Vista to submit their letter prior to this time. MSUC (Scott/Cox) to reaffirm the Council's position of support of the Sweetwater Flood Control Channel. b. City Manager Goss mentioned that the contractor for the sewer sliplining project at Walnut Avenue will be coming to the Council at the next meeting asking for an extension of the contract due to a variety of reasons which will be explained at the next meeting. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS ll. REPORT INTERIOR ADVERTISING ON CHULA VISTA TRANSIT (CVT) BUSES (City Engineer) At its meeting on January 11, 1983, Council directed the Transit Coordinator to promote greater use of interior advertising space on CVT buses. He reports that interior space on most public transit systems is difficult to lease, particularly to commercial advertisers, primarily because interior ads reach a much more limited market than exterior ads. Consequently, the majority of interior space that is used usually consists of public service ads or messages. In order to promote the use of interior ad space, particularly for public service ads, the Transist Coordinator has (1) contacted the Chamber of Commerce about the interior ad space available on CVT, (2) contacted TDI and asked them to try to promote more interior commercial and public service advertising, (3) has written a memo to all City of Chula Vista department heads informing them about space available for public service messages in which respective departments might be involved. MSUC (Scott/Moore) to accept the report. 12. REPORT 1911 BLOCK ACT, PHASE XVI OF VARIOUS PARCELS WITHIN THE CITY OF CHULA VISTA (City Engineer) The Engineering Department has designed and prepared plans for construction of the following street improvements to be included in the 1911 Block Act Phase XVI program: Property Location Improvements Required 904 Fourth Avenue Sidewalk Only 458-470 "L" Street Sidewalk Only 454 "L" Street Sidewalk Only 1395 First Avenue Curb, Gutter, Sidewalk, Pavement, Sidewalk Ramp City Council -6- February 8, 1983 914 & 916 Fourth Avenue Curb, Gutter, Sidewalk, Pavement and Driveway 1382 Hilltop Drive Curb, Gutter, Sidewalk, -., Pavement and Driveway 745 Third Avenue Curb, Gutter, Sidewalk, Pavement and Driveway Councilman Moore said he would like to see a personal contact made with each of the seven property owners prior to the time any mailing goes out to them regarding this program. MSUC (Moore/Scott) that the City Manager designate a staff member to approach the property owners and explain the pros and cons and give them a fact sheet prior to mailing out a letter regarding this. City Engineer Lippitt presented a plat noting the properties in question. Mayor Cox asked the City Engineer to check the Hilltop Drive address noting that in the staff report it referred to it as 1382 and 1342 Hilltop Drive. MSUC (Moore/Malcolm) to accept the report with the provision that no action be taken until the appropriate contacts have been made. The motion accepts Recommendation No. 2 which is "that the City pay cash for a contract for the installation of improvements and then issue bonds against each property for the amount of the contract". 13. MAYOR'S REPORT Mayor Cox discussed the security alarms burglary system ordinance approved by the City some time ago noting the inconsistencies in the ordinance which deal with the dial systems and the battery back ups. MSUC (Cox/Scott) to refer this to staff, to clean up the language of the ordinance "one way or the other". 14. COUNCIL COMMENTS a. Councilman Malcolm stated that he met with Assemblyman Sterling over the weekend and they discussed the proposed Olympic Trials at the United Enterprises property. Las Vegas is bidding on this also. Assemblyman Sterling asked that appropriate letters from the City Council be sent to the City of Los Angeles and International Olympic Committee to indicate its support to having the Olympics at the gun-range. MSUC (Malcolm/Scott) that the Mayor be directed to send a letter to the appropriate authorities stating Council's support of the tournament in the Chula Vista area. b. MSUC (Malcolm/Scott) for a Closed Session regarding litigation. The City Manager and the City Attorney were asked to be present. I'l T City Council -7- February 8, 1983 c. Councilman Scott expressed his appreciation of the new, bold print, Council Agenda covers. --., Council recessed to Closed Session at 7:30 p.m. The City Clerk was excused and the Mayor announced that the meeting adjourned at 7:35 p.m. ADJOURNMENT AT 7:35 p.m. to the meeting scheduled for Thursday, February lO at 4:00 p.m. and Tuesday, February 15, at 7:00 p.m. WPC - 0259C PAG