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Home My WebLink Aboutcc min 1999/02/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA FEBRUARY 2, 1999 4:00 P.M. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:10 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Councilmembers Davis, Padilia, and Mayor Horton ABSENT: Councilmembers Moot, Salas ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of January 5, 1999 ACTION: Councilmember Davis moved to approve the minutes of January 5, 1999. Councilmember Padilia seconded the motion, and it was approved 3-0. 4. SPECIAL ORDERS OF THE DAY A. Silvia McKinney, Drive Coordinator for Suit-You San Diego, was scheduled to make a presentation regarding participation in a clothing drive to benefit Welfare-to-Work participants. Ms. McKinney was not present. CONSENT CALENDAR (Items 5 through 8) 5. ~VRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on January 26, 1999, there were no actions taken which were required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from the Mobilehome Rent Review Commission - Christine Smith. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. C. Letter of resignation from the Veterans Advisory Commission - Robert McCauley. Staff' recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. CONSENT CALENDAR (CONTINUED) ORDINANCE 2772, AMENDING CHAPTER 1.34 OF THE MUNICIPAL CODE RELATiNG TO CLAIMS REQUIREMENTS AND PROCEDURES (SECOND READiNG AND ADOPTION) California Government Code Section 935.4 provides that Council may authorize an employee of the City to perform such claims administration functions as are prescribed by resolution. In accordance with Government Code Section 935, the Municipal Code prescribes the performance of claims administration functions and sets limits as they pertain to tort and contract claims otherwise excepted under Government Code Section 905. The recommended actions will delegate the claims administration functions and authorization for settlement of all claims up to the current maximum allowable by the Government Code, and update all documents policies and procedures related thereto. Staff recommendation: Council place the ordinance on second reading for adoption. (City Manager and City Attorney) ORDINANCE 2769 AMEND1NG CHAPTER 2.52.040 OF THE MUNICIPAL CODE TO MODIFY THE DEFiNITION OF "CONTRIBUTIONS" TO ALLOW FOR COLLECTION OF ADDITIONAL FUNDS TO RETIRE A DEBT INCURRED iN A DECLARATORY RELIEF ACTION OR ANY ACTION TO ENFORCE PERCEIVED RIGHTS UNDER THE ELECTIONS CODE OR THE MUNICIPAL CODE (SECOND READING AND ADOPTION) During the most recent Council election, a candidate incurred substantial legal fees in an effort to enforce rights under the Election Code. The current City ordinance exempts from the definition of "contributions" other donations made to a candidate or councilmembers to assist in paying legal fees. The proposed amendment to the ordinance would make the legal defense fund exception more equitable. Staff recommendation: Council place the ordinance on second reading for adoption. (City Attorney) RESOLUTION 19340, APPROVING AN INTERIM DESILTAT1ON AND GRADING AGREEMENT (POGGI CANYON) WITH OTAY PROJECT, LLC AND AUTHORiZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING OF JANUARY 26, 1999) On November 19, 1996, by Resolution Number 18398, the City approved the Tentative Map for Tract Number 96-04 for Village One and a portion of Village Five of the Otay Ranch Project SPA One. Tentative Map conditions require that, prior to issuance of a grading permit for any land within the Poggi Canyon Basin, the developer shall comply with certain conditions concerning the proposed grading and removal of any siltation within the Poggi Canyon Basin. The Otay Ranch Company is currently processing grading plans for land located within the Poggi Canyon basin, and issuance of the grading permit is anticipated shortly. Staff recommendation: This item be continued to the meeting of February 16, 1999. (Director of Public Works) ACTION: Mayor Horton offered the Consent Calendar, headings read, texts waived, with Item #7 continued to Febuary 9, 1999, since only two members of the Council present at this meeting could vote on the item. The motion passed 3-0. Page 2 02/02/99 ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES PUBLIC HEARING TO CONSIDER THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION AND REHABILITATION OF PEARTEE APARTMENTS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY RESOLUTION 19353 APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION AND REHABILITATION OF PEARTREE APARTMENTS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY On December 18, 1998, the City received a proposal from Mr. Stephen Hamill of the California Statewide Communities Development Authority, a Joint Powers Authority established in 1987 by the League of California Cities and the California State Association of Counties to assist local government agencies in achieving economic, financial and social goals. The Authority serves as a statewide public issuer of tax exempt financing and has issued over $6 billion in financing to date. The Authority has requested the City to hold this public hearing for the acquisition and rehabilitation of a 119-unit complex known as the Peartree Apartments located at 1025 Broadway. Staff recommendation: Council adopt the resolution. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Staff stated that this will significantly boost the revitalization of the western part of the city and is consistent with the City's Housing Element. A crime-free multi-family housing program will also be implemented. Staff's recommendation is contingent upon the signing of an indemnity agreement by Avalon Communities. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There being no comments, Mayor Hotton closed the hearing. ACTION: Mayor Horton offered Resolution No. 19353, heading read, text waived. The motion carried 3-0. 10. PUBLIC HEARING PCA 98-05; CONSIDERATION OF AMENDMENT TO CHAPTER 19.60 TO ADD PROVISIONS FOR A CITY-WIDE KIOSK SIGN PROGRAN, I (CONTINUED FROM THE MEETING OF JANUARY 26, 1999) The proposed ordinance is to allow for the establishment of a Kiosk Sign Program to: (1) eliminate the proliferation of numerous large illegal signs along major thoroughfares of the City; (2) allow for the construction of off-site directional kiosks each containing a specific Page 3 02/02/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) number of panels in order to provide adequate off-site directional signage to various residential communities; (3) provide for a uniform design for off-premise directional signs which will be more aesthetically pleasing to the community; and (4) control the location of off-premise signage. Staff recommendation: The public hearing be continued to the meeting of February 9, 1999. (Director of Planning and Building) ACTION: Mayor Horton moved to continue this item to February 9, 1999. Councilmember Davis seconded the motion, and it passed 3-0. ACTION ITEMS There were none. OTHER BUSINESS CITY MANAGER'S REPORT 11. 12. A. There was none. MAYOR'S REPORT A RESOLUTION 19354, SUPPORTING SB 31 (PEACE) AND AB 4 (BALDWIN), MURDER: SPECIAL CIRCUMSTANCES ACTION: Senate Bill 31 (Peace) and Assembly Bill 4 (Baldwin) are recently-introduced pieces of legislation which would mandate either life in prison without possibility of parole or the death sentence for those convicted of murdering an individual under the age of 14. The authors have requested the support of Council for these proposals. The Legislative Committee recommended adoption of the resolution. Mayor Horton moved to adopt Resolution No. 19354. seconded the motion, and it carried 3-0. 13. COUNCIL COMMENTS Councilmember Davis Councilmember Padilia moved to excuse the absence of Councilmembers Moot and Salas at this meeting. Councihnember Davis seconded this motion, and it was approved 3-0. ADJOURNMENT At 4:25 p.m., Mayor Horton adjourned the meeting to a joint meeting of the City Council and the Redevelopment Agency. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 4 02/02/99