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HomeMy WebLinkAboutcc min 1987/08/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 4, 1987 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers Nader, Moore, McCandliss, Malcolm (arrived late) MEMBERS ABSENT: Mayor Cox STAFF PRESENT: City Manager Goss; Assistant City Manager Asmus; Assistant City Attorney Rudolph In the absence of Mayor Coxt Mayor pro Tempore Moore presided over the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tem Moore followed by a moment of silent prayer. 1. APPROVAL OF MINUTES MSC (McCandliss/Moore) to approve Minutes for the Meetings of July 28, 1987. (Councilmember Malcolm and Mayor Cox absent) 2. SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (Items 3a 16) Mayor pro Tempore Moore announced the following items pulled from the Consent Agenda: Items 3b, 10, 13, 14, 15, 16. MSC (Moore/McCandtiss) to approve the Consent Calendar. (Councilmember Malcolm and Mayor Cox absent) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR ACTION TO ALLEVIATE AIR POLLUTION EMANATING FROM WESTERN SALT COMPANY - Residents of west end of Palomar Street, Chula Vista. Council directed that the petition for action from residents living near the Western Salt Company Plant be referred to staff for study and discussions with Western Salt Company officials. b. REQUEST TO RECONSIDER "NO PARKING" DECISION ON NIRVANA AVENUE Don Palumbo, President, Gold Coast Engineering, Inc., P.O. Box 1109, Bonita 92002-0860. This item was pulled from the Consent Agenda. MINUTES - 2 - August 4, 1987 c. REQUEST TO CONSIDER "LIEN AGREEMENTS" FOR STREET IMPROVEMENTS - Rich Moore, President/General Manager, Sea Coast Sheet Metal, 3713 Dalbergia Street, San Diego, CA 92113. Council directed that the letter from Mr. Rich Moore be referred to staff. d. REQUEST TO SUPPORT AB 647 (ACT TO AMEND SECTION 25351 OF THE GOVERNMENT CODE RELATING TO PUBLIC FACILITIES) - Assemblyman Larry Stirling, 77th District, 7777 Alvarado Road, Suite 377, La Mesa, CA 92041. Council directed that a letter be prepared for the Mayor's signature urging Governor Deukmejian's support. e. REQUEST FOR SUBMISSION OF RESOLUTIONS TO THE LEAGUE OF CALIFORNIA CITIES 1987 CONFERENCE BEFORE AUGUST 31 DEADLINE - Gloria McClellan, President, League of California Cities, San Diego County Division, P.O. Box 1988, Vista, CA 92083. Council directed that the City Manager coordinate this effort and to also seek Department Head input as to any potential issues to be considered at the 1987 Conference. 4. RESOLUTION 13176 SUMMARILY VACATING A PORTION OF NORTH SECOND AVENUE AT "C" STREET (Director of Public Works/City Engineer). The City acquired the County's right-of-way when it annexed the area in 1985. In 1987, the present owners of the parcel applied to the City requesting a vacation of a 14 foot wide strip of the right of way on the east side of the road. Council moved approval of the subject resolution and has determined that a slope easement should be retained in the northerly 60 feet due to the adjacent drop in terrain on the east side of the existing pavement. Upon development of the subject property, the owners will be required to install all necessary public improvements and place the necessary fill upon their property to accommodate the curb, gutter and sidewalk. 5. RESOLUTION 13177 APPROVING EXTENSIONS OF CONTRACT TIME FOR THE EASTLAKE ASSESSMENT DISTRICT 85-2 PROJECTS (Director of Public Works/City Engineer). Due to the number of contractors and agencies involved in the correction of the problems and/or acceptance of the water facilities, Staff was unable to meet the July 31st contract due date. Except for minor details, all work is now completed. Council approved extension of the contracts to September 1987 so that minor details can be accomplished. MINUTES - 3 - August 4, 1987 6. RESOLUTION 13178 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS 1987-88 THROUGH 1989-90 The City's negotiating team has concluded a Memorandum of Understanding with the CVEA, which has been ratified by their membership. The MOU is for a three year period beginning July 1, 1987 and ending June 30, 1990, with certain classes of employees to receive salary adjustments effective July 31st in addition to the designated salary increases. 7. RESOLUTION 13179 ACCEPTING PUBLIC IMPROVEMENTS REMOVAL OF UNDERGROUND FUEL TANKS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA. On March 17, 1987, Council awarded a contract for the subject removal, which work is now completed. 8. RESOLUTION 13180 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE ACQUISITION, INSTALLATION AND MAINTENANCE OF METERING DEVICES TO MEASURE SEWAGE FLOW AT THE "J" AND "G" STREET METERING STATIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. As a member agency to the Metropolitan Sewerage System the City of Chula Vista is required by agreement to compensate the City of San Diego for administration, maintenance and operation expenses for wastewater treatment proportionately. 9. RESOLUTION 13181 AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FROM THE CITY OF CHULA VISTA TO BAKER ENTERPRISES, INC. FOR A PORTION OF FORMER INDUSTRIAL BOULEVARD NEAR "L" STREET. This resolves a long standing property ownership dispute between Baker Enterprises and the City of Chula Vista. The City of Chula Vista will quitclaim any interest it has in the underlying fee to Baker Enterprises in return for $60,000. MINUTES - 4 - August 4, 1987 10. RESOLUTION APPROVING LOCAL COOPERATIVE AGREEMENT BY THE DEPARTMENT OF THE ARMY AND CITY OF CHULA VISTA, CALIFORNIA - TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT. This item was pulled from the Consent Agenda. 11. ORDINANCE 2221 REZONING 1.36 ACRES LOCATED AT THE NORTHEAST CORNER OF EAST "H" STREET AND CORRAL CANYON ROAD FROM R-1-H TO P-C - LA PETITE ACADEMY, INC. SECOND READING AND ADOPTION. The rezone request is for the purpose of constructing a 7,500 sq.ft. child daycare facility. The Ordinance was placed on first reading at the meeting of July 28, 1987. 12. ORDINANCE 2222 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.28.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 211 ACRES WEST OF OTAY VALLEY ROAD FROM A-8 AND F-l, TO A-8 AGRICULTURAL AND F-1 FLOODWAY AND I-L-P LIMITED - SECOND READING AND ADOPTION. The applicant has submitted this request in order to develop a 210 acre site for limited industrial uses, with single family residences along the southern boundary and southwest corner of the property. The Ordinance was placed on first reading on July 28, 1987. 13. REPORT PCA-86-6: IMPLEMENTATION OF FLOOR AREA RATIO (FAR) AND HEIGHT LIMITATIONS This item was pulled from the Consent Agenda. 14. REPORT RECREATION NEEDS STUDY FOR WESTERN CHULA VISTA. This item was pulled and deferred to the meeting of August 18. 15. REPORT VAN TRANSPORTATION TO THE PROPOSED YOUTH FACILITY AT FIFTH AVENUE AND "L" STREET. This item was pulled and deferred to the meeting of August 18. 16. REPORT REGARDING EVALUATION OF TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF SECOND AVENUE AND PALOMAR STREET. This item was pulled from the Consent Agenda. END OF CONSENT CALENDAR At 4:20 p.m., Councilmember Malcolm took his seat. MINUTES - 5 - AugUst 4, 1987 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT #18 FOR DISMANTLING OF SDG&E's LNG PLANT AND STORAGE TANKS (ContinUed from meeting of July 28, 1987). RESOLUTION 13182 AUTHORIZING THE ISSUANCE OF DEVELOPMENT PERMIT NO. 18 FOR DISMANTLING OF SAN DIEGO GAS AND ELECTRIC LNG PLANT AND NNG STORAGE TANKS This project involves approximately 6 acres of San Diego Gas & Electric Company property currently developed with a Liquified Natural Gas facility just south of the South Bay Power Plant. The applicant proposes to dismantle and remove the entire LNG facility in two phases. The first phase will entail removal of the existing plant and the second phase will consist of the removal of the 2 large LNG storage tanks which are currently empty of substance. This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. There was no one desiring to speak for or against this item, and the public hearing was closed. RESOLUTION OFFERED BY Mayor pro Tempore Moore, the reading of the text was waived by unanimous consent, passed and approved. (Mayor Cox absent) 18. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT NO. 025 FOR THE CONSTRUCTION OF AN UNDERGROUND LOW VOLTAGE CONDUIT REQUESTED BY ROHR INDUSTRIES. RESOLUTION 13183 APPROVING COASTAL DEVELOPMENT PERMIT NO. 025 FOR THE CONSTRUCTION OF AN UNDERGROUND LOW VOLTAGE CONDUIT REQUESTED BY ROHR INDUSTRIES The purpose of this project is to connect low-voltage utility lines between two existing industrial buildings separated by "G" Street right-of-way to accommodate supervisory and computer lines. This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. There was no one desiring to speak for or against this item, and the public hearing was closed. RESOLUTION OFFERED BY Mayor pro Tempore Moore, the reading of the text was waived by unanimous consent, passed and approved. (Cox absent) MINUTES 6 August 4, 1987 19. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT FOR THE REMOVAL OF WEEDS FROM THE PORTION OF THE MIDBAYFRONT UPLAND OF THE 100-FOOT MARSH BUFFERS. RESOLUTION 13184 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT #013 TO SANTA FE LAND IMPROVEMENT COMPANY FOR THE REMOVAL OF WEEDS FROM THE PORTION OF THE MIDBAYFRONT UPLAND OF THE 100-FOOT MARSH BUFFERS Staff finds that the proposed Midbayfront weed removal is consistent with and adequate to carry out the policies of the certified Chula Vista Bayfront Local Coastal Program. This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. There was no one desiring to speak for or against this item, and the public hearing was closed. RESOLUTION OFFERED BY Mayor pro Tempore Moore, the reading of the text was waived by unanimous consentt passed and approved. (Cox absent) 20. PUBLIC HEARING CONSIDERATION OF APPLICATION FOR A COASTAL DEVELOPMENT PERMIT SUBMITTED BY SANTA FE LAND IMPROVEMENT COMPANY FOR REMOVAL AND DISPOSAL OF LIQUID WASTES AND DEMOLITION OF VAULTS. RESOLUTION 13185 AUTHORIZING ISSUANCE OF COASTAL DEVELOPMENT PERMIT NO. 015 TO SANTA FE LAND IMPROVEMENT COMPANY FOR REMOVAL OF LIQUID WASTES FROM TWO CONCRETE VAULTS ON GUNPOWDER POINT, DISPOSAL OF LIQUID WASTES, AND DEMOLITION OF THE VAULTS The project entails the removal of liquid waste from two vaults on Gunpowder Point and demolition and disposal of the vaults. Following the demolition several soil samples will be taken from the area beneath the vaults for analysis. This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. There was no one desiring to speak for or against this item, and the public hearing was closed. Councilman Malcolm questioned a master plan for the developer with a commitment to clean up the entire site, and Staff explained that the action being discussed is required by the County Health Department as a public safety hazard. MINUTES - 7 - August 4, 1987 RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved. (Cox absent.) 21. ORAL COMMUNICATIONS a. Douglas Lange, 1593 Sycamore Drive, Chula Vista, testified relative to Chula Vista's hiring practices, perceived by him to be prejudiced and bias. Mr. Lange also expressed disappointment that he was not assigned representation during the investigation that followed his accusation, and would like to "meet his accusers" to find out the reason he was not hired by the City. b. Paul Green Sr., 141 Lotus Drive, Chula Vista, read a certification to City Council concerning a claim in an impending Small Claims Court in which he is now naming Councilman Moore in the Suit. PULLED ITEMS 3b. REQUEST TO RECONSIDER "NO PARKING" DECISION ON NIRVANA AVENUE Don Palumbo, President of Gold Coast Engineering, Inc., P.O. Box 1109, Bonita 92002-0860, stated his dissatisfaction with staff's decision, explained how it interferes with the progression of his business, and noted they have more parking spaces than was required by the City. The main concern remains that the area is one where "junk cars" are left on the street, and he recommended "no parking" from 6:00 p.m. to 6:00 a.m. to identify the vehicles. MSUC (McCandliss/Malcolm) to refer the request to staff for consideration and reevaluation; and Councilman Nader, with the consent of the maker of the motion, added the additional referral to the Project Area Committee to be included in the motion. (Mayor Cox absent) 10. R~SOLUTION 13186 APPROVING LOCAL COOPERATIVE AGREEMENT BY THE DEPARTMENT OF THE ARMY AND CITY OF CHULA VISTA, CALIFORNIA - TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT. Staff recommended that Council authorize the Mayor to sign the agreement on the City's behalf. The Acting Undersecretary of the Army has approved the Project and submitted the Local Cooperative Agreement to the Director of Public Works/City Engineer on Friday, July 31st. At the request of Councilwoman McCandliss, staff gave the time schedule and the cost of the project to be $8.5 million, with the City's share being $3.5 million. Assistant City Manager Asmus gave the results of a meeting with all concerned on the project. MINUTES 8 August 4, 1987 RESOLUTION OFFERED BY Mayor pro Tempore Moore, the reading of the text was waived by unanimous consent, passed and approved. (Mayor Cox absent) 13. REPORT PCA-86-6: IMPLEMENTATION OF FLOOR AREA RATIO (FAR) AND HEIGHT LIMITATIONS In May 1986, the City Council amended the Zoning Ordinance to establish a floor area ratio and a more restrictive height limit for development in the R-E, R-1 and R-2 zone and also in the P-C zone for residential areas not subject to design review. On July 22, 1987, the Planning Commission endorsed the FAR and height limits. Councilwoman McCandliss commented on the exemption from the FAR limits in the P-C zones in the eastern areas of the City. MSUC (McCandliss/Moore) to accept the report and to have the issue come back to Council with possible applications given to the eastern area during the consideration of the General Plan update. (Mayor Cox absent) 16. REPORT REGARDING EVALUATION OF TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF SECOND AVENUE AND PALOMAR STREET. RESOLUTION APPROVING REMOVAL OF PARKING ON EACH SIDE OF PALOMAR STREET WEST AND EAST OF SECOND AVENUE Staff recommended that the traffic signal not be installed at this intersection at this time, and that on-street parking along Palomar Street be removed in proximity to Second Avenue to allow the installation of left-turn pockets. George W. Felix, Jr., 1137 Second Avenue, who also represented the members of the Montgomery Civic Council, referred to the minutes of the Safety Commission meeting on this subject and the tie vote which resulted in "no action", although the area has a high density of senior citizens and children. Mr. Felix addressed the left turns suggested which he feels do not address the problem, and requested a change in priority to place a traffic signal at this corner. Carolyn F. Butler, 976 Bishop, described the area as a "raceway" and a threat to pedestrians, stating her own disability by such an accident. Ms. Butler illustrated the traffic problem when buses arrive with handicapped children arriving at their school, and the fact that it is a "blind" corner. MINUTES - 9 - August 4, 1987 Suzanne Harris, 635 Mission Court, Member of the Safety Commission, appeared to answer questions of Councilmembers. Mayor pro Tempore Moore questioned the point system to indicate disaster areas and Councilmember McCandliss commented that certain citizens needing specific assistance should be addressed in certain areas. Ms. Harris suggested a review of the situation at the next meeting of the Safety Commission on August 13th. After a description of the study made by staff in this area, Councilmember Malcolm suggested common sense be used because of the dangerous crossing and the children who live and use the schools in the immediate area. MS (Moore/Malcolm) to refer to staff and the Safety Commission again to have them evaluate this as a special item, and to investigate if there is a special reason that the warrant system should be modified or ignored because of special consideration. SUBSTITUTE MOTION: MSC (Malcolm/Nader) to install the traffic signal at Second and Palomar. (Councilman Moore voted no; Mayor Cox absent) 22. REPORT OF THE CITY MANAGER a. Consideration of Council sub-committee appointment to evaluate design and color options for trackless trolleys After a meeting with TBI with direction to outline several options, staff requested Council's input on options. Council discussed whether this should be presented at a full Council meeting or at a Council Conference. MSUC (Moore/Malcolm) to appoint Councilmembers McCandliss and Moore to a two member Committee make the color selection. (Mayor Cox absent) b. City Manager Goss informed that he will be on vacation during the next week; and c. The one item that needs to be discussed in the closed session this evening would be Trejo vs. Chula Vista. MSUC (Moore/Nader) to adjourn to Closed Session following this meeting to discuss Trejo vs. Chula Vista. (Mayor Cox absent) 23. MAYOR'S REPORT None. MINUTES - 10 - August 4, 1987 24. COUNCIL COMMENTS COUNCILWOMAN McCANDLISS: a. Chula Vista 2000 General Plan Amendment update workshop. Discussions at this point are proceeding, and a problem is now experienced. A need exists to look toward the year 2000, to determine the goals and objectives and crystalize the direction. Councilman Nader agreed to the need for a workshop to consider the elements envisioned for the City. MSUC (McCandliss/Moore) to direct staff to schedule a Council Workshop specifically designed with goals for the type of city envisioned for Chula Vista in the years 2010 and onward as is the goal of the General Plan. (Mayor Cox absent) Councilmembers discussed the proposed workshop and directed the City Manager to propose desirable points for the City from which the Councilmembers could begin. COUNCILMAN MALCOLM: b. Report of the Legislative Committee regarding Legislative items impacting the 1987 Legislative Program. Councilman Malcolm reported his dissatisfaction with the Legislative package and, specifically, Assembly Bill 647 in its present form, and gave his reasons for the removal of item 3. MSUC (Malcolm/Nader) to authorize staff to negotiate with Assemblyman Larry Stirling to remove item 3 from AB 647; and, if not successful, that Councilmembers oppose the Bill. (Mayor Cox absent) c. The next Council Tour is scheduled for September 12,1987. d. Councilmember Moore pointed out the number of Council referrals and the consensus was that each Councilmember will initial the referral items they want to remain on the list. After one week staff will delete those items not initialed. At 5:55 p.m., Council recessed to Closed Session to discuss Trejo v. Chula Vista. The City Clerk was excused and the City Manager reported the session ended at 6:15 p.m. ADJOURNMENT AT 6:15 p.m. to the meeting of August 11, 1987 at 7:00 p.m. Jean~~e, Deputy City Clerk 105 ~C