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HomeMy WebLinkAboutcc min 1985/08/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, August 27, 1985 City Hall 7:00 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, Moore ABSENT: None STAFF PRESENT: Acting City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, 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 meetings of June 20, August 20 and 22, 1985 MSUC (McCandliss/Moore) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY PRESENTATION BY RON MCELLIOTT (IPG) REGARDING NATIONAL BOAT SHOW AT "J" STREET MARINA IN NOVEMBER "SAN DIEGO IN THE WATER BOAT SHOW" Ron McElliott (IPG) gave an update on the Marina stating that there will soon be 552 slips. He introduced Mr. Duncan Macintosh, publisher of Waterfront Magazine. Mr. McIntosh, 1760 Monrovia Avenue, Costa Mesa, stated there will be a waterfront Boat Show on the weekends of November 16,17 and 23,24 at the "J" Street Marina. They hope to make this an annual event and it will be published nationally. Mayor Cox reported the Coastal Commission unanimously approved the Bayfront Master Plan amendment this morning. Councilman Malcolm was complimented for "carrying the ball" on this issue. Mayor Cox added that the Coastal Commission also approved the findings on the LCP Plan; therefore, the City of Chula Vista now has a totally approved LCP Plan and can start issuing permits. The Mayor noted it has taken over 15 years plus over $1 million dollars to get to this stage. City Council Meeting - 2 - August 27, 1985 Councilman Moore stated the City is working on its 75th Anniversary and part of the celebrations will be a Parade of Lights on the boats in the harbor and other activities on the Bayfront. 3. WRITTEN COMMUNICATIONS MSUC (Malcolm/McCandliss) to approve a,b,c,d in accordance with the staff recommendations. a. CLAIMS AGAINST THE CITY Rose Otto, 3622 Rosalinda Street, San Diego, CA 92154 A claim was filed for $50,000 for personal injury and pain and suffering allegedly caused by a concrete curbing on which Ms. Otto slipped and fell and fractured her left ankle in the Price Bazaar parking lot. It was recommended by Carl Warren and Company and the risk management staff that this claim be rejected. The Acting City Manager's recommendation was to deny the claim. b. REQUEST TO CONSIDER ADOPTION OF A POLICY PURSUANT TO CHAPTER 17.11 CHULA VISTA MUNICIPAL CODE AND SB 201 AUTHORIZING COMPLETION AND PERFORMANCE OF NON-DISCRETIONARY ACTS BY STAFF AND COUNCIL (George D. Lindberg Attorney for Sierra Properties for the Mission Verde Subdivision) Attorney Lindberg representing Sierra Properties for the Mission Verde Subdivision requested the City Council consider the adoption of a policy pursuant to Chapter 17.11 of the Chula Vista Municipal Code and SB 201 which would authorize the completion and performance of non-discretionary acts by staff and Council, e.g. final subdivision map approval and issuance of building permits upon a showing that the developer had tendered to the school districts the amount of fees in effect at the time the City had performed a discretionary act such as a rezoning or tentative map approval or January 1, 1985 whichever is later in time. Councilman Moore questioned referring this item to the Task Force for appropriate action. Councilman Malcolm said he received a call today from Mr. Roland stating the City of Escondido has taken the same action as the City of E1 Cajon - to put a freeze on the school fees without approving any increase. Councilman Malcolm added the Attorney General, Superior Court and Appeals Court have all ruled collecting the fees was illegal. Councilwoman McCandliss noted there are two issues: (1) the long-term financing and (2) what can the City do immediately; these should be addressed to the Task Force. She supported having a Council Conference on this issue to give some guidance to Councilman Moore who is on that Task Force. City Council Meeting - 3 - August 27, 1985 The Acting City Manager recommended the letter from Mr. Lindberg be referred to the school fees Task Force for their timely consideration and recommendation. MSUC (Moore/Scott) to schedule a Council Conference on this, the pros and cons of the so-called developers' fees and the two methods of collecting them which is now on the books. This meeting is to be scheduled before the November Task Force meeting. co REQUEST "GRANNY FLATS", "GUEST HOUSES", COTTAGES OR EXTRA LIVING QUARTERS BE ALLOWED IN THE CITY (Mrs. Virginia Johnson, 718 Elm Avenue, Chula Vista 92010) Mrs. Johnson responded to the complaint of Mr. Unger regarding her guest house located at the rear portion of her property at 718 Elm Avenue. She stated this is not a "guest house" and is used primarily for the purpose of owner-occupied extra living space and was built with proper City permits. She expressed her concern regarding other citizens being unable to proceed with building plans because of the City's emergency ordinance on guest houses. The Acting City Manager's recommendation was that Mrs. Johnson's letter be referred to the Building and Housing Department for their information in investigating the recent oral complaint of Mr. Unger as well as the Planning Staff as background information in their study of guest homes in the City in response to recent Council action relating to "guest homes". d. REQUEST FOR SUPPORT OF SENATE BILL 881 (CALIFORNIA RUNAWAY AND HOMELESS YOUTH ACT) - Kathryn Lembo, 406 Third Avenue, Chula Vista, CA 92010 Ms. Lembo urged Council's support of the bill which will enact the California Runaway and Homeless Youth Act. The Bill calls for a $3,000,000 appropriation to be allocated to counties. The Acting City Manager's recommendation was that the request to support SB 881 be referred to the Legislative Committee for review and report. PUBLIC HEARINGS AND RELATED RESOLUTIONS This being the time and place as advertised, Mayor Cox opened the public hearing. 4. PUBLIC HEARING GPA-83-7 - AMENDMENTS TO EL RANCHO DEL REY SPECIFIC PLAN - GERSTEN COMPANY (Continued from the meeting of August 20, 1985) (Director of Planning)