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HomeMy WebLinkAboutcc min 1989/03/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 14, 1989 Council Chamber 7:00 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox (arrived late: 8:41 p.m.); Councilmembers McCandliss, Nader, Malcolm, Moore ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, In the absence of Mayor Cox, Mayor Pro Tempore Nader presided over the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the regular meeting of March 7, 1989. MSUC IMoore/McCandliss) for approval. 2. SPECIAL ORDERS OF THE DAY REPORT ON APPROPRIATE TECHNOLOGIES II (BKK) FACILITY LOCATED AT 1700 MAXWELL ROAD EMERGENCY a. ORDINANCE .-~ DECLARING THE APPROPRIATE TECHNOLOGIES HAZARDOUS WASTE FACILITY CLOSED AND THE URGENCY THEREOF (FIRST READING & ADOPTION) (City Attorney) b. RESOLUTION ~/l_ DECLARING THE POLICY OF THE CITY OF CHULA VISTA TO PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS (City Attorney) Mayor Pro Tempore Nader noted that this item would be considered at 8:30 p.m., time certain. CONSENT CALENDAR (Items 3a - 18) Items pulled: 3c, 16, t8 COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved. Councilman Malcolm stated he would be voting "no" on items 5 and 6. Councilman Moore cast a "no'l vote on item #15. Minutes 2 March 14, 1989 3. WRITTEN COMMUNICATIONS a. REQUEST FOR PURCHASE OF PROPERTY WEST OF SCRIPPS MEMORIAL HOSPITAL Medical Staff, Scripps Memorial Hospital, Chula Vista Letter will be acknowledged and physicians will be notified when the issue of Scripps Hospital expansion is before the Redevelopment Agency. b. REQUEST FOR MATCHING FUNDS (89-90 BUDGET) Chula Vista Downtown Association, P.O. Box 381, Chula Vista 92012~0381 The request from the Downtown Business Association for matching funds in 1990 was referred to consideration as part of the 1989-90 City budget. c. CONCERNS REGARDING APPROPRIATE TECHNOLOGIES' PERMIT Assemblyman Steve Peace, 430 Davidson Street, Ste. B., Chula Vista Pulled from Consent Calendar. d. REQUEST FOR SUPPORT FOR SB 103 (ROBBINS) Senator Alan Robbins, Senate Committee on Insurance, Claims and Corporations, Room 5122, State Capitol, Sacramento, CA 95814 The letter was referred to the City's Legislative Committee for review. 4. RESOLUTION 13993 TERMINATING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON (REGIONAL ENVIRONMENTAL CONSULTANTS) FOR PREPARATION OF DRAFT AND FINAL ENVIRONMENTAL IMPACT REPORTS AND CANDIDATE CEQA FINDINGS FOR STATE ROUTE 125, A PROPOSED FOUR-LANE INTERIM STREET FACILITY AND FUTURE FREEWAY ALIGNMENT (Director of Planning) On October 13, 1988, Council approved an agreement with RECON to prepare a draft and final EIR and Candidate CEQA findings for the proposed Route 125 corridor alignment. The cost for preparation of the EIR was estimated at $52,t84; Council had, in previous action, allocated $100,000 for this phase of the Route 125 interim facility project. CalTrans, with participation by the City and other agencies, has begun the preparation of environmental documents and route studies; involvement by the City of Chula Vista to the previously expected extent is not now necessary. The bill amount for work completed but not paid for is $14,812.00. Of the $100,000 allocated by Council for preparation of the EIR, ~52,184 is encumbered for the original contract. $36,528 has been expended to date, with $15,656 remaining in the contract. Minutes - 3 - r~arch 14, 1989 The resolution terminates the agreement with RECON (Re9ional Environmental Consultants) including revisions for preparation of the EIR for interim Route 125 and to make final payment for services rendered to date. 5a. RESOLUTION 13994 APPROVING CONTRACTS FOR OWNERSHIP OF IMPROVEMENTS SAN DIEGO GAS AND ELECTRIC COMPANY (Director of Public Works) b. RESOLUTION 13995 APPROVING CONTRACTS FOR OWNERSHIP OF IMPROVEMENTS PACIFIC BELL COMPANY In March 1987, Council approved the initiation of assessment district proceedings under the Municipal Improvement Act of 1913 for the financing of the construction of improvements and appurtenant structures on East H Street between 1-805 and Otay Lakes Road. The improvements include telephone, gas and electrical facilities which are proposed to be owned, operated and maintained by SDG&E and Pacific Bell. These agreements provide that the Rancho del Rey Partnership will construct the utilities, the City will acquire the improvements from the sale of bonds and SDG&E and Pacific Bell will accept and maintain the utilities constructed. All costs will be paid from the sale of bonds of East H Street assessment district. 6a. RESOLUTION 13996 APPROVING THE FINAL MAP OF CHULA VISTA TRACT 88-1, RANCHO DEL REY, PHASE 2, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS, OPEN SPACE, AND PUBLIC PARKS DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ALL ABUTTER'S RIGHT OF ACCESS AS RELINQUISHED ON SAID MAP, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) b. RESOLUTION 13997 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP IN WHICH THE DEVELOPER AGREES TO NOT PROTEST FORMATION OF ASSESSMENT DISTRICT 87-1 AND TO NOT PROTEST INCLUSION OF THE SUBJECT PROPERTY IN SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Minutes 4 March 14, 1989 c. RESOLUTION 13998 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP TO MAINTAIN A SILTATION BASIN WESTERLY OF RANCHO DEL REY PHASE 2 SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT d. RESOLUTION 13999 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED AS A PART OF BUENA VISTA WAY e. RESOLUTION 14000 ACCEPTING GRANTS OF EASEMENT FROM RANCHO DEL REY PARTNERSHIP FOR SEWER PURPOSES IN CONNECTION WITH RANCHO DEL REY PHASE 2 SUBDIVISION f. RESOLUTION 14001 ACCEPTING GRANTS OF EASEMENT FROM RANCHO DEL REY PARTNERSHIP FOR DRAINAGE PURPOSES IN CONNECTION WITH RANCHO DEL REY PHASE 2 SUBDIVISION On February 2, 1988 Council approved the Tentative Subdivision Map for CVT 88-1, Rancho Del Rey Subdivision. The Final Map for Phase 2 of said subdivision and associated items were approved by Council. 7. RESOLUTION 14002 ACCEPTING PUBLIC IMPROVEMENTS FOR CONSTRUCTION OF ALLEY IMPROVEMENTS SOUTH OF G STREET BETWEEN BROADWAY AND SMITH AVENUE IN THE CITY OF CHULA VISTA IDirector of Public Works) On November 22, 1988 Council awarded a contract in the amount of $28,000 to Roca Construction, Inc. for the construction of alley improvements south of G Street between Broadway and Smith. A final inspection was made and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. The City will maintain the alley improvements. Additional funds required to fully fund staff costs are available in Project ST421, Sidewalk Rehabilitation various locations. 8. RESOLUTION 14003 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM RANCHO DEL REY PARTNERSHIP FOR A NON-EXCLUSIVE EASEMENT FOR TRAFFIC CONTROL PURPOSES AT THE INTERSECTION OF EAST H STREET AND PASEO RANCHERO (Director of Public Works) Minutes 5 March 14, 1989 On February 2, 1989 Council approved the Tentative Map for CVT 88-1. One of the conditions of approval of the map requires that the developer construct a traffic signal at the intersection of East H Street and Paseo Rancho. The developer is now ready to construct the traffic signal and prior to construction, the developer is required to grant an easement for traffic control facilities. 9. RESOLUTION 14004 AUTHORIZING THE SALE OF A 1705 SQUARE FOOT REMNANT PARCEL OF LAND LOCATED ON THE NORTHEAST CORNER OF EAST RIENSTRA STREET AND MARL COURT TO MR. & MRS. JAMES BECKSTROM AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY GRANT DEED (Director of Public Works) The Beckstroms are interested in acquiring a 1705 square foot parcel of land adjacent to their lot. They have paid for the appraisal. The $1705 derived from the sale of this parcel would be revenue to the City's General Fund. 10. RESOLUTION 14005 ACCEPTING BIDS AND AWARDING CONTRACT FOR REPLACEMENT AND REPAIR TO HVAC SYSTEM AT LOMA VERDE RECREATION CENTER, 1420 LOMA LANE (Director of Public Works) Formal bids were received for the above contract on February 15, 1989. The low bid by Henderson Heating & Air Conditioning is below the engineer's estimate of $48,000 by $8,747. It is recommended that Council award the contract to Henderson's Heating & Air Conditioning in the amount of $39,253. 11. RESOLUTION 14006 ACCEPTING TRAFFIC CONTROL EASEMENT FROM HOMART DEVELOPMENT COMPANY FOR THE WESTERN HALF OF THE CHULA VISTA SHOPPING CENTER DRIVEWAY AT FIFTH AVENUE AND H STREET (Director of Public Works) The driveway at the Chula Vista Shopping Center is aligned With the intersection of Fifth Avenue at H Street. This intersection is currently signalized. The traffic signal at this intersection is in the process of being modified to add left turn phasing. In order to place and maintain traffic control standards and loop detectors within these private properties, the City requires easements be granted by the property owners. 12. RESOLUTION 14007 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED AT RANCHO DEL REY PARKWAY AND AVENIDA DEL REY IN THE RANCHO DEL REY AREA (Director of Public Works) Minutes - 6 - March 14, 1989 Rancho del Rey Partnership desires to construct a portion of Rancho del Rey Parkway and Avenida del Rey in the Rancho del Rey area. The subject easements and construction of the streets are requirements of the Tentative Map for approval of Final Subdivision Maps for Phases 3 and 4. However, the developer wishes to begin construction of the roads in advance of approval of the Subdivision Maps so that the roads can be constructed in conjunction with Phase 2. 13. RESOLUTION 14008 ACCEPTING PUBLIC IMPROVEMENTS FOR RECONSTRUCTION OF SIDEWALKS (1988-89 PROGRAM) AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (Director of Public Works) Bruce Paving Co, Inc. completed the reconstruction of sidewalks 11988-89 program) at various locations in the City on February 10, 1989. A final inspection was made on March 3, 1989, and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. The City will maintain the street improvements. The additional funds required are available from Project ST412 and are being transferred by separate action.! 14. RESOLUTION 14009 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BUD GRAY, PLANNING CONSULTANT, AND EASTLAKE DEVELOPMENT COMPANY FOR PROFESSIONAL SERVICES FOR EASTLAKE GREENS/EASTLAKE III AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT IDirector of Planning) The agreement with Mr. Gray and EastLake Development Company is for temporary professional planning consultant services currently scheduled to terminate on March 1, 1989. The new agreement is for additional services and an additional period of time to allow for the completion of the evaluation and preparation of plans and related permits for the EastLake Greens and EastLake III project. There will be no fiscal impact to the City; all costs will be paid to the City by the applicant. 15. ORDINANCE 2302 DECLARING THE POLICY OF THE CITY COUNCIL TO ATTEMPT TO FILL THE POSITION OF PERSONNEL DIRECTOR "IN HOUSE" PRIOR TO GOING "OUTSIDE" TO SEEK APPLICANTS SECOND READING & ADOPTION (City Attorney) The ordinance establishes Council policy to favor filling the position of Personnel Director "in house" prior to seeking "outside" candidates for the office. The ordinance was placed on first reading at the meeting of March 7, 1989. 16. REPORT POTENTIAL FOR AN AMPHITHEATRE/MAJOR OUTDOOR ENTERTAINMENT FACILITY TO LOCATE IN CHULA VISTA (Director of Planning) Pulled from Consent Calendar. Minutes 7 March 14, 1989 17. REPORT AMERICAN DIABETES ASSOCIATION REQUEST TO CONDUCT A BIKE RIDE AGAINST DIABETES (Director of Parks & Recreation) The San Diego Chapter of the American Diabetes Association requests permission to conduct a bike ride against diabetes through the City on Sunday, April 23, 1989. Council approved the request subject to staff conditions. 18. REPORT REGARDING USES AND COSTS FOR TWO CITY BANNERS AND THE IMPRINTING OF A LOGO ON THE CITY'S TENT IDirector of Parks & Recreation) RESOLUTION APPROPRIATING $1,500 FOR THE PURCHASE OF TWO (2) CITY BANNERS AND THE IMPRINTING OF A LOGO ON THE CITY'S TENT Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 19. PUBLIC HEARING PCC-89-27: CONDITIONAL USE PERMIT - REQUEST TO CONSTRUCT A 75-UNIT LOW-INCOME HOUSING PROJECT FOR SENIORS AT 628/638 THIRD AVENUE - SALVATION ARMY (Continued from meeting of March 7, 1989) (Director of Planning) RESOLUTION 14010 APPROVING CONDITIONAL USE PERMIT PCC-89-27 TO CONSTRUCT A 75-UNIT LOW-INCOME HOUSING PROJECT FOR SENIORS AT 628/638 THIRD AVENUE SALVATION ARMY This being the time and place as advertised, the public hearing was re-opened. Councilman Moore stated he would abstain because he is a member of the Board of Directors and therefore would have a potential conflict of interest. Councilman Malcolm stated he has been advised to abstain due to the fact that the property across the street from this proposed project on which his office is located is owned by his father. Notin9 that this would constitute a lack of quorum, City Attorney Harron stated that Council has the alternative of waiting for the Mayor's arrival, continuing the matter to another meeting or, have one of the two Councilmen abstaining stay on. He would recommend that Councilman Moore stay on due to the fact that he would have no financial conflict of interest. Councilman Moore agreed to stay on stating he was in the audience at the last meeting and heard all testimonies. At this time Councilman Malcolm left the dais. Minutes - 8 - March 14, 1989 Director of Planning Krempl stated the request is to construct a 75-unit, low-income housing project for seniors on 1.1 acres located at 628/638 Third Avenue in the C-O Commercial Office zone. The Code provides that housing developments for low and moderate income seniors are allowed in the C-O zone upon the approval of a conditional use permit. He recommended Council continue this item to May 2, 1989 following a City Council conference to be held on April 27, 1989 on the Senior Housing Density Bonus. Mr. Ralph Fiewelling, 766 Colorado Blvd., Los Angeles 90041, architect for the project stated he would not repeat the testimony given at the last meeting but would be happy to answer any questions. Fred Rasmussen, 825 Seventh Avenue, San Diego, representing Salvation Army stated he is representing Art Stillwell who could not make it this evening due to illness. In answer to Councilwoman McCandliss' question concerning overflow parking availability, Mr. Rasmussen stated the Salvation Army feels there is no need for additional parking, Senior Citizen complexes generate less need for additional parking; than other complexes; the average age of the tenants (65-70 years) is a factor; bus lines are always available to the tenants; however, if Council has concerns about it, Salvation Army is willing to look into the matter of additional parking. Jon Miller, member of Board of the Salvation Army, reiterated that the Board would look into the matter of the overflow parking if Council so directs. In response to Councilwoman McCandliss' question concerning giving the opportunity to rent these units to Chula Vista first, Mr. Miller indicated that they could not do this according to the HUD requirements. Councilwoman McCandliss commented that rumors prevail there is a possibility that due to the marketing conditions, the adjacent Lucky Market may close. If that becomes a reality, would the Salvation Army establish a daily grocery service for its tenants. Mr. Miller said he could not speak on behalf of the Salvation Army, but in the past, they have always transported tenants to grocery stores, doctor appointments and so forth. He also noted that the Salvation Army provides a daily meal at noontime to its tenants. There being no further comments either for or against, the hearing was declared closed. Minutes 9 March 14, 1989 In answer to Councilman Moore's question, Director of Planning Krempl reported that the Design Review Committee approved the project unanimously with four members present. MSUC (McCandliss/Nader) that the resolution be amended to require that in the event the local grocery store is no longer available, that Salvation Army will provide daily transportation service to the grocery stores for its tenants (Cox out; Malcolm abstained). MSUC (Moore/McCandliss) to add another condition to the resolution; that if upon the initial opening of the complex, the parking requirements are not sufficient for the demands of its tenants, the Salvation Army will reserve sufficient spaces to fulfill all the vehicle spaces. RESOLUTION AS AMENDED, carried by a 3-0 vote. Cox out; Malcolm abstained. 20. PUBLIC HEARING ASSESSMENT DISTRICT 87-1 (EAST H STREET) (Director of Public Works) a. RESOLUTION 14011 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT (Director of Public Works) b. RESOLUTION 14012 OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESS~ENT DISTRICT c. RESOLUTION 14013 ACCEPTING THE WORKS OF IMPROVEMENT AND APPROVING "AS BUILT" CERTIFICATE d. RESOLUTION 14014 CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT e. RESOLUTION 14015 AUTHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD AT A PUBLIC SALE AND DIRECTING A CALL FOR SEALED BIDS Mayor pro tempore Nader announced, "This being the time and place fixed for the public hearing on protests or objections to the Resolution of Intention, the Engineer's "Report" and all other matters relating to Assessment District No. 87-1, (East H Street)." City Clerk Fulasz announced that notice of Hearing has been given in the manner and for as required by law, and that the following affidavits are on file: - Certificate of Posting Streets; - Certificate of Mailing Notice and Filing Boundary Map; - Affidavit of Publication of Notice of improvement. She stated she received no protests to the assessment district. Minutes - lO March 14, 1989 Director of Public Works Lippitt explained t~ purpose, scope and order of procedure for the public hearing; explained the general nature, location and extent of the proposed works of improvement and boundaries of the assessment district; presented and summarized the "Report" pursuant to the provisions of the "Municipal Improvement Act of 1913"; explained the method and formula of assessment spread and announded that utility contracts are on file in the office of the City Clerk. Pursuant to the provisions of the Municipal Improvements Act of 1913, Council declared its intention to order the acquisition and financing of East H Street improvements constructed by Rancho del Rey. This public hearing was set to adopt the above resolutions and to receive sealed bids on bonds which were call for on February 7, 1989. All costs will be paid through the sale of bonds in accordance to the Bond Act of 1915. Ken Baumgartner, 2727 Hoover Avenue, National City, representing Rancho Del Rey Partnership stated that the facilities and financial plan was a key incentive for them to move ahead with the road improvements. They concur with the staff report and asked Council to approve the five resolutions before them this evening. Councilwoman McCandliss noted there were no objections voiced to this assessment district; however, since only one property owner was involved, there was no room for opposition. She asked what the relation was between the development impact fee and the total cost of the improvement. There being no further comments either for or against, the public hearing was closed. Councilman Malcolm questioned the amount of money still owed the City on its advancement of funds. Director Lippitt responded that the City advanced $1.7 million and this is to be paid back on the DIF program at approximately $110,00 a year. Director Lippitt also stated he was not aware of the City getting any interest on that money. Councilman Malcolm declared the City is doing a developer a major favor and he believes the City is not getting any interest on its money. If the staff wanted to be prudent when a developer comes in, the City should get back the $1.7 million now in exchange for what the developer is getting tonight. He would like to approve the assessment district tonight with a caveat that a condition be imposed that the City get paid back its money. MSC ON RESOLUTION B (Malcolm/Nader) that the money advanced by the City be paid back prior to formation of the assessment district (McCandliss voted no). Minutes - ll March 14, 1989 Director Lippitt recommended that Council take no action on that motion and rather than place a condition on it, to not approve the district this evening and let staff research this further. Bond Counsel Robert Owen stated that the key to the assessment district is the selling of the bonds. He asked that the Council approve the district but not the sale of the bonds. Mr. Owen further noted the general procedure requirements which must be followed immediately upon the approval of an assessment district. To place a condition upon the approval would provide "fatal obstacles" to those requirements. He recommended Council continue this to another meeting until this is resolved. He added that they have to immediately record the formation of the district upon the approval of the resolutions but not for the payment of the money. If the money is not paid, Council does not have to approve the sale of the bonds. RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts waived by unanimous consent, passed and approved with Councilwoman McCandliss voting no and Mayor Cox out. MSUC (Malcolm/Nader) to send a letter to Bond Counsel and Rancho Del Rey Partnership explaining to them that before the sale of any bonds, the City will require a pre-payment of the approximate $1.7 million. Councilwoman McCandliss indicated that if this money is being paid up front, she would like to see the financial obligation of the homeowners decreased accordingly. 21. ***** PRESENTATION **** ON PROPOSED FINE AND PERFORMING ARTS CENTER SURVEY - Joseph Conte, Superintendent/President Southwestern College Mr. Joseph Conte presented graphs showing the statistics of the survey done on the Fine and Performing Arts Center. The trained surveyors telephoned 519 people within and outside the district; noted the respondent profile, the selective response pattern and the projected behavior. He added that they feel encouraged by this survey and plan to continue on with the project. They have two models to look at the present time; one of them being in Irvine, California. Mr. Conte summarized by stating this will be a fine opportunity for the whole community. 22. ORAL COMMUNICATIONS a. Mr. ~om Kenny, 9971 Campo Road, Spring Valley, owner of Lloyd's Trailer Park reported on the meetings he had with staff and the committee regarding the negotiations. The committee selected Mike Greene as their fifth member. Mr. Kenny stated he submitted all receipts and cancelled checks to the committee for last year's operation of the park in Minutes 12 - March 14, 1989 order to justify the rent increase he was asking for. He indicated that the tenants do not want to negotiate because they were told they could go into binding arbitration at no cost to them whatsoever. Instead of negotiating with Mr. Kenny, the tenants presented him with a list of demands. Mr. Kenny stated that he has made a decision to close his park based on the fact he is losing money at an accelerated rate and that he cannot continually come to the Council to defend himself against the accusations of Bob Flaugher. b. James Lovett, 100 Woodlawn Avenue, Bayscene Mobilehome Park stated that when the new owner took over recently, the rents were increased. He said there should be a better way to notify the tenants: that when the City Attorney receives the notices of rent increases, the tenants and owners should be notified when there is any apparent violation of the City's Ordinance 2257. Mr. Lovett then read from his letter listing a few recommendations to solve this problem. Councilman Malcolm referred to the item under his comments on this agenda questioning where the burden lies; on the tenants or the park owner. He added that presently the City has over 20,000 acres of vacant property; however, this Council has not zoned one acre for mobilehome or relocation parks. This needs to be done and the ordinance needs to be changed in order to make the park owner file for binding arbitration rather than the tenants. MSUC (Malcolm/Moore) to direct the City Attorney to come back with two changes in the ordinance: I1) to change the burden of proof if the park owners want to raise the rent above the CPI they have to file for the binding arbitration and get approval from the arbitrator and; (2) since the Supreme Court recently made a decision, if the tenant moves out, the park owner can raise that rent to whatever the market will bear - he would like to make sure the City's ordinance is in compliance with that State law. The two changes to the ordinance are to be brought back to Council in two weeks (March 28). Councilwoman McCandliss stated she has always hoped that the matter can be settled by binding arbitration; however, if this does not work, she is prepared to vote for rent control. c. Ray Foster, President of HOSTAGE, stated there are 80,000 mobilehome spaces in the County and referring this matter to staff will not solve the problem. The Bayscene people were told they must sell their coaches and they would have to pay an additional $70 for that. He discussed the hardship of the people living in this particular mobilehome park and agreed that the burden of the binding arbitration should be placed on the park owner and not the tenants. Minutes - 13 March 14, 1989 d. Bob Flaugher, llO0 Industrial Blvd., stated that the owner of Lloyd's Mobilehome Park, Tom Kenny, must be required to straighten out his park. He reported on the rebate Mr. Kenny received from SDG&E for replacement of the meters which was passed on to his tenants. {Mayor Cox arrived at this time: 8:41.) Mr. Flaugher further stated that the last rent increase was for Palace Gardens; they received over $40,000 per year because of the CPI. Brentwood received $36,000 this year. Council gave the CPI to these park owners. Harold Duncan, Brentwood Mobilehome Park, said he agrees with Councilwoman McCandliss to consider rent control because it would solve all the problems. He also asked that Council stop and think that the CPI is a compound guarantee of the park owners income. Mr. Duncan noted the people who are presently serving on the Mobilehome Issues Committee, commenting they are all alike in their responsibility and not in the interest of the park residents. Since they've been in operation, they have not done anything to solve any problems. Councilman Malcolm stated he does not agree with this; the MIC has done a great deal of good work. A recess was called at this time; 8:49 p.m. Council reconvened at 8:57 p.m. 2. SPECIAL ORDERS OF THE DAY REPORT ON APPROPRIATE TECHNOLOGIES II IBKK) FACILITY LOCATED AT 1700 MAXWELL ROAD EMERGENCY a. ORDINANCE 2303 DECLARING THE~ APPROPRIATE TECHNOLOGIES HAZARDOUS WASTE FACILITY CLOSED AND THE URGENCY THEREOF (FIRST READING & ADOPTION) (City Attorney) b. RESOLUTION 14017 DECLARING THE POLICY OF THE CITY OF CHULA VISTA TO PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS (City Attorney) On March 7, 1989, Council referred a number of questions to staff regarding the recent incidents and operation of the BKK facility in Chula Vista. Staff was also directed to prepare an emergency ordinance declaring the facility closed in order to protect the public health, safety and welfare. City Manager Goss made the introductions noting the following were in the audience and would make presentations to people Council: Minutes 14 March 14, 1989 Mr. Start Reynolds and Mr. Scott Kurtz from Ninyo & Moore, 234 Seaport Drive, Toxic Substance Consultants for the City of Chula Vista; Mr. Jack Kearns, Chief of Region 4 State Department of Health Services; Mohinder Sandhu, Chief, Facilities Permiting Unit; Gary Stephany, Deputy Director for environmental Health Services, County Department of Health Services; Ken Kazarian, President of BKK; there may be other agency representatives and he understands that there is one from the Environmental Health Coalition, City of San Diego. Start Reynolds INino & ~loore), said that he was contacted by the City of Chula Vista on March 8 to prepare a statement. he did not have time to prepare a detailed report of the incident; however, on March 9, he and Mr. Kurtz did visit the site and had a tour of the facility. His report to Council summarized the following: Advanced Technologies II (ATII) IBKK) have filed for a renewal of their license and based on his own investigation, he feels they do have a right to operate at this facility; however, their permit at the moment has expired. Another question asked of Mr. Reynolds was what Chula Vista could do to put pressure on ATII to close the facility, what mechanisms are available? Mr. Reynolds said he provided some of this mechanism in his report. As to the nature of the events that led up to the incident, it is his opinion that the materials that were generated by the burn site of the Grow Company (City of Commerce) were provided to ATII in a contaminated condition which was conducive to combustion which is what transpired. Another concern raised in his report is that all material coming into the plant should be identified as to its chemical content. Mr. Jack Kearns referred to the written report submitted to Council in which he answered a number of questions. His summary was (1) the facility has now and has had permission to operate. Once a renewal application is filed and is in the process, the permit stays in effect until the renewal process is complete. In this particular instance, ATII has filed for renewal and completed Part A of the process;, however Part B still needs to be completed. After that is completed, there will be a public hearing prior to granting the renewal permit and prior to any action to invoke CEQA. As to the inspections on the premises, the State inspects these facilities once every two yearsin accordance with Federal requirements. The last inspection was in June 1988. Mohinder Sandhu discussed the County's response to the incident, commenting they have the adequate equipment to do so. He then detailed how the incident could have started noting they are continuing with an on-going investigation. He noted the same type of incident which occured in Los Angeles in which there is a criminal action filed. Minutes 15 - March 14, 1989 Gary Stephany addressed some of the health risks occurring with the incident. Staff prepared a computer print-out of the people and businesses in Chula Vista which use toxic waste chemicals noting the vast amount of people listed, indicating they can create a higher risk than that of the BKK. Mr. Stephany remarked that inspecting the facility once every two years is inadequate in his opinion - there is not enough local control and yet they are the ones responsible for responding to any emergency. When this permit comes up for renewal, it will be his recommendation that a full-blown EIR be prepared on this and that they do a health risk assessment at the same time. The State does not have to honor this County or City recommendation. Based on the two incidents occuring at the ATII plant, Mr. Stephany declared there was never any risk to anybody at any time on the landfill. If the incident happened at midnight and there was no one around, that would be a concern and he feels there should be security there at all times. If, in fact, the facility is closed, it gives the State one more excuse to take away local control. Mr. Stephany noted the State law in the Tanner case whereby the State could take the pre-emption clause and site the facility for the City. He hopes Council will make its decision based on land use and not a health risk. Mr. Stephany summarized that if this facility is operating correctly, it would be no more dangerous than one of the local gas stations. Mr. Ken Kazarian introduced Tim Sparks who is the Director of Special Projects at ATII. Mr. Sparks presented a detailed written report to the Council and summarized the sequence of events of the steps that were taken to abate the problem of the incidents at the BKK plant. He reported that there were two incompatible materials stored in a disposable drum at the facility. This material came from LA County from a regulated clean-up firm in the City of Commerce. It contained pool chlorine and household bleach chemical. Mr. Sparks added there were 656 containers shipped to the ATII plant; they came in 55 gallon steel drums, 50 gallon fiber drums, 30 gallon plastic-type drums, 83 gallon overpacks and 5 gallon plastic pails. When one of the drums was moved closer to the treatment area, there was a chemical reaction in the drum. The material was immediately dumped on the ground and the material separated. Once separated, the reaction ceased. Mr. Sparks noted a number of people who responded to the incident and the hours the personnel were on the premise. At that time, a 24-hour surveillance was initiated in order to monitor the drums that remained at the facility. They planned to check every drum and if any were found to be incompatible, they would be treated immediately. They continued this sequence during the days to follow. Their intent at this point is to either treat or ship to an off-site facility as much material and as quickly as possible. Minutes 16 March 14, 1989 Mr. Kazarian addressed the policy instituted at the ATII plant now: (1) they are going to address their policy on how they will prevent this from occurring again; (2) how they are planning on using the facility in the future in coordination with the County (3) how they plan on going forward with future operation; (4) gave a background of the facility noting the landfill Class I dump and the bidding process in which they were awarded the County bid to operate this treatment of materials. He further stated that Chula Vista is presently the only plant in Southern California (south of Bakersfield) to receive this hazardous material since they have now closed their West Covina facility and the one at Miramar. Mr. Kazarian added that at this point, they are in a position of being the "victims" since the material received at this facility was mislabeled at the point of generation. At this time they are repackaging the material on-site. Once they have completed this, the material will be stabilized and treated and moved to an outside facility. They do plan to take action on the people who sent this incompatible material to them. They are now seeking participation from the City and the County staff to review all protocols which will be sent to the State, as they want to make this facility better and safer. They are also going to be working with County and City staff and would welcome any suggestions or recommendations as to the needs of this City such as more hazardous training for personnel. City Manager Goss stated that an inquiry ws made to OSHA to appear; however, they could not make it but will be sending a report to Council within one or two weeks. He reported that staff immediatley contacted the BKK plant after the incidents, and they agreed to a voluntary stoppage of all deliveries to Chula Vista except the deliveries from the Drug Enforcement and the County's Hazardous Household Waste Program. Council discussion followed with Mr. Reynolds responding to questions that there is no iron clad guarantee against this happening again. The operation has safeguards; there were no adverse health impacts; fire prevention measures were taken; chlorine gas is a toxic substance; how concentrated the material is has an effect because there are a lot of variables. The people who responded to the incident were compentent and handled the situation well; there is no restricton on the quantity of the materials that can be stored on the facility; at this point the facility is no less hazardous than it was prior to the incident. He then responded to the question of secondary combustion projects and the concern regarding carcinogens which were released. Mr. Kearns responded to questions noting that the State is the licensing authority and the City or County has no authority as to the licensing procedures - they only have the land use authority. The permit expired in January 1988; however BKK has filed for a renewal, filling out Part A of the application, Part B needs to be filled out. At that time, his staff felt BKK submitted the necessary criteria in filing Part A. He reiterated that their inspection is once every two years as required by Federal standards; there are no enforcement standards in the County that Minutes ~ 17 March 14, 1989 can be implemented. As to Assemblyman Peace's statement that this permit had the "blessing of Chula Vista", Mr. Kearns stated he has absolutely no knowledge of this, they "the State" are in the process of reviewing the applications of Part A and B along with the CEQA which will take from six to nine months. Councilman Moore asked the following questions "for the record" in which Mr. Sandhu responded as follows: 1. The state has no conditions regarding the identification or receipt of the material coming to the premises, 2. They make a random check of the drums coming in and it is not necessarily the first truck load which would be given the first investigation. 3. They should require a 24-hour security at the plant and there should be talented personnel at the facility. He agrees with more training of personnel which should include emergency procedures. 4. In the renewal process, they could allow City or County inspections/other than the State). 5. The last inspection was made in June of 1988. 6. There is no specific State requirement as to the amount of water which should be stored in the elevated tanks; however, they rely on the local fire department as to whether or not this is adequate. 7. As to where else these materials can be transferred, he noted that Los Angeles had the same type spontaneous reaction as what occurred in Chula Vista; however, the next facility to Los Angeles (which is now closed) would be somewhere in the Santa Barbara; however, they do not have the treatment facility as Chula Vista does. Therefore, there are no other plants to treat material from Los Angeles other than this one in Chula Vista. 8. As to who's responsibility it was to label the materials coming into the plant, he testified that Los Angeles hires a contractor who comes in and does this. 9. As to the storage of the materials, Mr. Sandhu noted that legally, material could be stored on site up to one year. In response to Councilman Malcolm's questions, Mr. Sandhu stated that there presently exists only one access to the site. If the local emergency services (health, fire deparment, ambulance) feel the access is not adequate, then the State has the ability to address this issue. Minutes - 18 March 14, 1989 In response to Mayor Cox' question, Mr. Kearn responded that presently they approved a permit for five years; however, generally it has been 10 years. In response to Council's questions, Mr. Stephany replied that in 1990, there will be no place in the State of California where anyone can deposit toxic waste onto landfills; it would take the County approximately 3-5 years to resite the facility. Mr. Kazarian noted that legally, material on the site can be stored up to one year and that 85% of their customers come from the County of San Diego. Mayor Cox now called for public testimony. Those speaking against the operation were: Box Fox, 1466 Lilac Avenue; William McBreen, 1615 Point Sal; A. W. Hall, 1650 Point Reese Court; David Foreman, 870 Stanford Avenue. In summary, their statements were: Council granted a conditional use permit in 1981 with no expiration date and this period should have been limited. The State needs to justify its position on the renewal process when they re-issue a new license. The Council needs to address the issue of whether the facility is operating safely and whether they are properly licensed. - Showed a graph noting the nearest home was 2,000 feet away from the site. - That the process was not followed in granting the conditional use permit. - They should have an adequate Environmental Impact Report for the public hearing. - A facility such as this should be 20 miles away from the nearest residence. The bottom line is that the State is doing nothing in monitoring this facility and a "signal" should be sent to the State. - The same thing happened at the Los Angeles facility and at that time 20,000 people were evacuated from their homes. Minutes - 19 March 14, 1989 The CUP was granted for one year but no action was taken by this body to renew it. Agreed that a complete EIR should be done. Nothing anyone can do can stop this from happening again. Speaking in support were: John Kresha, 358 E. Millan; Kent Anderson, 265 I Street. Their comments were: The accident at the plant was adequately handled by the local fire department and San Diego County personnel. There was no personal injury or property damage. Chula Vista permitted the facility to be located in Chula Vista and it should remain. The concern is with the relative risk to the community which they feel is minimal. Submitted a statement of statistics to Council noting that hazardous material inspection violations occurring in the City from 1986 to 1988, revealing that there were 10 at the ATII plant, Southwestern College had 53, Chula Vista Public Works had 46. There is a definite need to have this facility functioning instead of having each home store its own hazardous waste material. Pool chlorine can be bought at any every supermarket. In answer to Council's questions, Assistant Fire Chief Lopez and Fire Marshall Gove responded by reporting on the initial call for Fire Department response to the BKK plant. The Fire Marshall arrived on the scene three minutes after the call came in; there is some lack of water pressure; however, it was adequate for the incident. If there was a large incident, the water pressure would not be adequate. Chief Bounds noted that in order to get adequate water supply and pressure, the facility should hook up to the City's water supply. Assistant Chief Lopez stated that the Fire Marshall has already contacted BKK to hook up to the water main. Ms. Sonya Hamquest, member of the Environmental Hea,lth Coalition, 1844 Third Avenue, San Diego, indicated it would be nice to have all of these facilities closed; however, because people are using a lot of this type of cleaning material in their own homes, there is a need to dispose of these household materials and therefore, this facility is needed. Minutes -20 - March 14, 1989 MOTION MSUC (~lalcolm/Nader) to urge the County of San Diego to not renew BKK's lease when it expires in approximately 18 months (September 1990). MSUC (Malcolm/McCandliss) to urge the State to find another location further from the urban development for this facility. City Manager Goss indicated there was to be a resolution for this motion; however, due to lack of time, it was not prepared and the minute action would suffice. MSUC IMalcolm/Nader) to urge the State to deny BKK's application for continued operation in Chula Vista. MSUC {Moore/Malcolm) to send a letter to the appropriate State representatives and seek extra emphasis or add to their policy to (1) stress that the material that comes in there will be inspected as each vehicle arrives; (2) that they have 24-hour security with appropriate talent on station when they have hazardous waste on station; {3) that they have certificates of the training of qualified personnel on site; (4) State would authorize and fund the County to aid them in the inspections; {5) that either the County or the City be authorized for giving annual emergency drills with the property owner to keep up the good level of working experience for emergencies. MS (Nader/McCandliss) to offer the emergency ordinance with the following two amendments: (1) between the first and second sentence of Section I to add the sentence "we further find that the only means to abate the emergency and prevent the irrevocable injury to residents in the vicinity of the ATII plant is to close the facility", and that another sentence be added at the end of Section II, "that in the event this ordinance is not voluntary complied with, abatement action should be commenced." Mayor Cox asked that the Council recess to Closed Session on this item before taking action on this motion. Council recessed to Closed Session for potential litigation at 12:16 a.m. and reconvened at 12:30 a.m. Mayor Cox announced that before they vote on the motion he would prefer to act on the recommendation from the City Attorney. SUBSTITUTE MOTION MSC (Cox/Malcolm) to amend the Ordinance to find that there currently exists a public emergency and to demand that the County and the State take immediate action to resolve this problem and to close the plant. {Councilman Nader voted no.) Minutes -21 March 14, 1989 EMERGENCY ORDINANCE, AS AMENDED, OFFERED BY MAYOR COX, to be placed on first reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Nader/Moore) to direct staff to closely monitor the CEQA process in conjunction with the renewal process with an eye toward making sure that any potential inadequacy in the process be brought immediately to Council's attention for potential action. MSUC (McCandliss/Nader) to direct a letter to be sent to the State Health Department and to the County and the local legislatures expressing Council's concern about the inadequacy of the entire review and monitoring process and asking that overall corrective action be taken on the citing and monitoring of this facility. PULLED ITEMS c. CONCERNS REGARDING APPROPRIATE TECHNOLOGIES' PERMIT Assemblyman Steve Peace, 430 Davidson Street, Ste. B., Chula Vista MSUC (Nader/Malcolm) to send a letter to Assemblyman Peace acknowledging receipt of his letter and clarifying it is the postion of the City Council as per its actions tonight to oppose renewal of the BKK permit and to do what he can do get appropriate action. 16. REPORT POTENTIAL FOR AN AMPHITHEATRE/MAJOR OUTDOOR ENTERTAINMENT FACILITY TO LOCATE IN CHULA VISTA (Director of Planning) On December 6, 1988 Council received a written communication from Gordon Gerson, attorney representing Spectator Marketing Corporation. Mr. Gerson indicated that they were seeking to acquire land in San Diego County to construct a major outdoor entertainment facility on approximately 50 acres and with a seating capacity of 27,000. The item was referred to staff for review. Councilman Nader remarked he met with some people who wish to build a facility in Chula Vista. He has previously suggested to the Council that this amphitheater be located on the Bayfront. The staff report is recommending that it be located along Route 125 and at this time, there is no assurance that Route 125 will be built. MSUC (Nader/McCandliss) refer back to staff to work with anyone who they are aware is interested in building an outdoor amphitheatre in Chula Vista, to work in conjunction with the Redevelopment Agency and if desireable, the Port to find preferably and if feasible, a Bayfront location but to continue working on any potential location. (Malcolm out). Minutes - 22 March 14, 1989 18. REPORT REGARDING USES AND COSTS FOR TWO CITY BANNERS AND THE IMPRINTING OF A LOGO ON THE CITY'S TENT /Director of Parks & Recreation) RESOLUTION APPROPRIATING $1,500 FOR THE PURCHASE OF TWO 12) CITY BANNERS AND THE IMPRINTING OF A LOGO ON THE CITY'S TENT Council requested staff to investigate the cost and potential uses of a City banner that would display the City logo and could be hung over Third Avenue. Staff was also asked to investigate the feasibility of having the City logo imprinted onto the City's tent. Staff recommended Council appropriate $1,500 for the purchase of two City banners and the printing costs for the application of the City logo on the tent canopy wall. MSUC IMcCandliss/Nader) to refer this to budget for consideration. 23. CITY MANAGER'S REPORT None. 24. MAYOR'S REPORT a. Request for funding to attend California Coastal Conservancy meeting in Sacramento on March 16, 1989 MSUC (Moore/McCandliss) to approve the request for funds. b. RESOLUTION 14016 SUPPORTING THE CALIFORNIA WATER COMMISSION'S RECOMMENDATION TO SUPPORT THE ALLOCATION OF $5.3 MILLION TO THE FEDERAL FY 1990 BUDGET FOR THE SWEETWATER FLOOD CONTROL PROJECT Mayor Cox explained that the support is for the $5.3 million as opposed to the $4.3 million RESOLUTION OFFERED BY MAYOR COX, the reading of the text waived by unanimous consent, passed and approved unanimously. c. SANDAG: recommendation for recycled paper policy for public agencies No report given. d. Report: Institute of Museum Services No report given. 25. COUNCIL COMMENTS None. ADJOURNMENT ~l 12:50 a.m. to the regular meeting of March 28, 1989 at 7:00 p.m.