Loading...
HomeMy WebLinkAboutcc min 1991/09/03 ~ OF A I~EGULAR MF~"I~G OF THE ~ IY OF CHULA VISTA Tuesday, September 3, 1991 Council Chambers 4:10 p.m. Public Services Building C,~,T.T~n ~ ORDER 1. ROLL CALI; PRESENT: Councilmembers Malcolm, Moore, Rindone, and Mayor Nader ABSENT: Counc~woman Grasser Hoffon ALSO PRESENT; John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly Authelet, City Clerk 2. pT .F.r~GE OF ~,T.I .RGIANCE TO THE FLAG. SH ~.NT PRAYER 3. APPROVAL OF MINUTES: August 20 and August 22, 1991 MSC (Rindone/Moore) to approve the minutes of August 20 and August 22, 1991 as presented. Approval 4-0-1 with CollBcflwoman Grasser Horton absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Marie Capetanakis - International Friendship Commission and Vicki Turner - Charter Review Commission. Ms. Capetanakis and Ms. Tun~er were sworn in by City Clerk Authelet. Counc~man Moore presented the Certificates of Appointment. CONSENT CAI~-NDAR (Items pulled: 5d, 6 & 73 BALANCE OF CONSENT CALENDAR OrP'~D BY COUNCILMAN MOORE, reading of the text w~ waived, passed and apprnved 4-0-1 with Councilwoman Grasser Horron abseuL 5. WRI I-I'IL~I COMMUNICATIONS: a. Request ro have weeds removed from v~cant lot owned by SI)GS~ at Second and Orange Avenues - Barbara Hirst, 1400 Kin Place, Chula Vista, CA 91911. Staff recommended that this letter be received and fried. (15073) b. Requestf~r~nanda~supp~t~at~andthe~99~Na~i~na~Y~LeadersConferen~einWashingt~n~ D.C. - Deric Prescott, Youth Commissioner, 93 East Naples Street, Chula Vista, CA 91911. Staff recommended that Mr. Prescores request be denied, but that the Council encourage the news media to assist Minutes September 3, 2991 Page 2 in whatever way they can in helping him generate the necessary funds to participate in this worthwhile conference. (15074) c. Request for repairs to property resulting from tree trimming at 425 Hilltop Drive - Dolores M~ler Chillcott, 425 Hilltop Drive, Chula Vista, CA 91910. Continued from the 8/27/91 meeting. Staff recommended that this letter be received and filed. (15075) d. Appeal of mluirement for Conditional Use Permit at 77A Broadway, Chula Vista, CA - Femando I)urazo, Owner, Durazo Economy Motors, 1506 Broadway, Chula Vista, CA 91911. Pulled from the Consent Calendar. It was recommended that this be referred to staff for review and report back to Council. (15076) Femando Durazo, 472 Ranch Ct., Chula Vista, C/L, owner of Durazo Economy Motors, 1506 Broadway, Chula Vista, CA, read a letter he had written to r_he Mayor and City Council asking for their help in obtaining a conditional use penit on space located at 1506 Broadway. He stated he had obtained a business license; had been working with city departments to obtain a conditional use permit and been informed that the location does not meet certain city codes and ordinances. Mayor Nader stated that staff was recommending that Council not make any decision at this time, but refer this back to staff so this can be researched. Ken Larson, Director of Building and Housing, stated that his office has been working with Mr. Durazo. Mr. Durazo was informed he needed to apply for a conditional use permit (CUP) and this has not been done as far as staff knew. Mr. Durazo stated that he had fried to apply for a CUP, but had been rejected. Mayor Nader asked staff to report back at the next meeting on what has been submitted by Mr. Durazo, what hasn't and what has been rejected. Councilman Malcolm told Mr. Durazo to file the official forms for a CUP and get a decision of yes or no. A negative decision can then be appealed at the City Council level. MSC (Malcolm/Nader) to accept staff recommendatiom. Approved 4-0-1 with Councilwoman Grasser Horton absent. 6. ORDINANCE 2475 AMENDING ORDINANCE NUMBER 1993 CLARIFYING IV~-iHODOLOGY FOR CALCULATING FLrrURE RATE INCREASES TO COIJI~-CT AND DISPOSE OF REFUSE (second reading and adoption) - (Director of Finance and City Attorney) Pulled from the Consent Calendar. (15077) Councilman Rindone stated that this was discussed extensively at the last meeting and it is critical for the City Council to understand the rate of return on the investment prior to any consideration next year to a rate increase. ORDINANCE 2475 WAS pLAcR. n ON SECOND READING AND ADOPTION BY COUNCnMAN MAI~OLM, reading of the text was waived, passed and approved 3-1-1, with Cotlpeilman Rindone opposed and Counalwoman Grasser Horton absent. 7. ORDINANCE2476 AMENDINGSECTION12.12.07OOFTHECHULAVISTAMUNICIPALCODE RELATING TO SIDEWALK MAINTENANC~ (first readin~ - There is concern over the current sidewalk Minutes September 3, 1991 Page 3 maintenance ordinance and its ability to protect the City from liability to the general public. A review reveals that it is probably lacking as a viable means to shift liability onto the abutting landowner. Staff recommends Council place ordinance on first reading. (City Attorney) Pulled from the Consent Calendar. {15079) Councilman Moore asked staff to explain sidewalk cleanliness responsibilities of the resident and the city. Bruce Boogaard, City Attorney, stated that the ordinance only affects loose debris that may obstruct passage and the property owner is liable for maintenance of sidewalks in connection with that loose debris. John Lippett, Director of Public Works, stated that the street and highway code does allow a provision where the City can order a property owner to repair the sidewalk. However, the policy has been that ira City tree causes damage, the City repairs that damage. Councilmen Malcolm asked if this was a shift in liability from the City to properly owners. City Attorney Boogaard asked that this item be deferred and brought back to the Council at a later date, MSC (Moore/Nader) to refer this back to staff for interpretation of recommendalioils and clarification of respons~fli~es. Approved 4-0-1 with Coundwoman G~ Horron absent_ Councilman Moore stated he was havLng some difficulty with the words, "gutter, repair and defects" and requested clarification of their meaning. Mayor Nader stated that he believed what the City Attorney was actually trying to do was to enact an ordinance that would protect the City, as much as possible, against law suits. He stated that he supported the intent of what the City Attorney is n-ying to do. 8. RF. SOLUTION 16333 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHUIA VISTA AND THE CHULA VISTA CHAPTER, ~ COUNCIL OF ENGINEERS FOR FISCAL YEARS 1991-92 AND 1992-93 - The Management Negotiation Team has met and conferred with the Chula Vista Chapter, Western Councfi of Engineers end have agreed to certain memorandum of understanding concerning wages and other terms and conditions of employment. Staff recommends approval of the resolution. (City Manager) (15080) 9. RESOLUTION 16334 DESIGNATING THE CITY MANAGER AND DIRECTOR OF FINANCE AS AUTHORIz~-n OFFICERS FOR PURPOSES OF MAKING CERTAIN DE~,ARATIONS REQUIRED UNDER FEDERAL TAX LAW - The purpose of the resolution is to comply with new reimbursement regulations under federal tax law. It designates the City Manager and Finance Director as authorized officers to make declarations regarding the intent of the City to be reimbursed for eligible costs incurred prior to doing a bond financing. Staff recommends approval of the resolution. (Director of Finance) (15081) 10. RESOLUTION 16335 ADOIrIINGNEGATIVEDE(1ARATIONIS-91-47;APPROVINGAGREEMF2~ WITH THE C/-IULA VISTA WOMF_.N'S ~ FOR TRANSFER OF 'Ii-ILE OF PROPERTY; ~ING THE FISCAL YEAR 1991-92 PARKS AND RECRFATION DEPARTMENT (100/1500) AND PUBLIC WORKS OPERATIONS (100/1470 AND 100/1471) BUDGETS; AND APPROPRIATING FUNDS THEREFORE - At the Council meeting of 11/20/90, staff was directed to begin the proce. ss of transferring ownership of the Chula Vista Women's Club to the City of Chula Vista. The City has studied the facfiity and its potential uses and Minutes September 3, 1991 Page 4 has negotiated an a~'eement wir_h the Chula Vista Women's Club which would allow transfer of tide of this property and joint use of the s~nicture. The Council is being requested to approve all actions necessary to acquire the building and perform initial renovation for its use as a City program facility. (Director of Parks and Recreation) 4/Sth's vote required. (15082 & 15087) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANc~-~ None scheduled. ORAL COMMUNICATIONS Ma~e Scrivener, 26 Corso di Italia, Chula Vista, CA, representing residents of Chula Vista Mobile Home Park, presented a petition which stated that the Chula Vista Ordinance allowing the increase of rent for spaces in mobile home and trailer parks based upon the Southern California Consumer Price Index (CPI) is unfair. The petitioners requested that the rental increase allowed the owners be fixed at 60% of the CPI, or some fi~ure that is fair to both the residents and owners and asked the Council to reconsider the Ordinance. ACTION ITEMS 11. RESOLUTION 16336 ADOPTING A LAND USE HEARING POLICY - Council has requested an analysis and proposed policies regarding provision of expanded noticing of public hearings to properly owners. Staff recommends that Council adopt Policy No. 400-01, which provides for expanded mailed notices m property owners, maintenance of extended notice lists, and use of simplified language in notices. (City Attomey and Director of Planning) (15084) Ken Lee, Assistant Director of Planning, stated that staff had been directed to look into the contents and method of noticing; an ordinance that would extend the 300 foot radius; and, the use of signs posting a hearing for an upcoming meeting. The Planning Department surveyed all of the jurisdictions within the county regarding their policies. Aside from the legal ad and the 300 foot notice distance, 7 of the 19 jurisdictions do provide additional noticing and that is a combination of either expanding the notice to a 500 to 600 foot distance and/or the posting of the property. Most of the agencies contacted felt the extended mailing was the more effective method. Staff perspective on posdng is that it tends to add to dunering, is time consuming and not well read. The policy being suggested by staff would be to expand the current 300 foot public notice radius to a 500 foot radius for all planning and zoning public hearings conducted by the Planning Commission or City Council. On projects of 5 acres or larger, the public notice would be expanded to a 1000 foot radius. Complete neighborhoods would be included for major projects and that would coincide with identifiable boundaries. This would also be an opportunity for people to attend a public forum. The Staff is asking that Council approve the resolution. Councilman Malcolm stated that this was long overdue. RESOLUTION 16336 WAS OFFF_.RED BY MAYOR NADER, reading of the tex~ was waived, passed and approved 4-0-1 with Councilwoman Grasser Horton aIBent. Minutes September 3, 1991 Page 5 BOARD AND COMMISSION RECOMiVIENDATIONS None submitted. ITEMS pUIJ.RII FROM THE CONSENT Items pulled: 5d, 6 & 7: The minutes will reflect the published agenda order. OIl-mR BUSINKSS 12. ~l'tY MANAGERS REPORT(S) a. Scheduling of meetings. Reminded the Council that there is a Councfi Tour scheduled for 8:00 a.m. Saturday, September 7, 1991. 13. MAYORS REPORT(S) a. Mayor Nader stated that he would not be able to attend the Council Tour because he would be leaving for Washington that day to meet with various federal officials in conjunction with congressional representation in regard to the Twin Forks Airport proposal. Mayor Nader also stated that Vice Mayor Moore would be acting as Mayor during his absence and would conduct next week's Council meeting. b. Mayor Nader stated that he concurred with the staff recommendation for item 5b under written communications and that he would like to see more coverage by the news media in helping generate funds needed to participate in conferences, etc. The Mayor also stated that he thought the publicity on vacancies for boards and commissions was less than ideal. He would like to see something developed in printed form for TV viewers on vacancies and how to apply. (15085) 14. COUNCIL COMMENTS Councilman Moore suggested that perhaps Councfimembers should seek a specific person to nominate for appointment on Commissions such as the Mobilehome Rent Review Commission. ADJOURNMF_,NT Adjourned at 5:07 p.m. The City Council met in a closed session at 7:48 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54956.8 regarding the potential disposition of City property in the 4400 block of Bonita Road adjacent to the Chula Vista Municipal Golf Course with 5oelen Enterprises for Hotel Development, Adjournment at 7:57 p.m. to the Regular City Council Meeting on September 10, 1991 at 6:00 p.m. in the City Council Chambers. Minutes September 3, 1991 Page 6 A Special Joint City Council/Redevelopment Agency meeting convened at 5:08 p.m. and adjourned at 7:46 p.m. Respectfully submitted, BEVERLY A. AIjTMF.~.ET, CIVIC, City Clerk by: ~. Griffi,,~al~niniswative~ary