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HomeMy WebLinkAboutcc min 1989/09/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA Tuesday, September 12, 1989 Council Chamber 6:00 p.m. Public Services Building Regular Meeting CALL TO ORDER 1. ROLL CALL: Mayor Cox X ; Councilmembers McCandliss A , Nader X , Malcolm A , Moore X Staff: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron, Principal Management Assistant Popek 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER Mayor Cox noted that tonight was the first night Council would be implementing the new procedures suggested for shortening the meetings. 3. APPROVAL OF MINUTES: July 27, 1989, August 22, 1989 and August 24, 1989. Mayor Cox noted he would trail the minutes of July 27th until Councilman Malcolm arrived since he was not present at that meeting. (Councilman Malcolm was not present for the meeting and Council agreed to place the minutes on the agenda of September 19 for approval.) MSUC (Moore/Nader) to approve the Minutes of August 22 and August 24, 1989. 4. SPECIAL ORDERS OF THE DAY: a. Dr. Stephen Neudecker, Executive Director of the Nature Interpretive Center, presented a report on the status of the Nature Interpretive Center. Dr. Neudecker gave a brief overview on the attendance, donations, programs, exhibits and new projects on line at the Center. b. Gerry Craver, Coordinator of the Literacy Team of Chula Vista, accepted a proclamation declaring the week of September 8-14, 1989 as 'International Literacy Week." Ms. Craver noted volunteers from the Altrusa Club in the audience and introduced Rudy Kastellic, Assistant Principal at Chula Vista Adult School. She noted that Mr. Kastellic has supported the team by providing instructors, sites and a lab for tutor training. c. Ginny Aylward, President of the Chul a Vista Emblem C1 ub, accepted a proclamation declaring the week of September 17-23, 1989 as "National Emblem Club Week." CONSENT CALENDAR Items pulled: 9 (trailed), lO, COUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR. Minutes - 2 - September 12, 1989 City Manager Goss suggested pulling Item lO and in two to three weeks set up a workshop with the developers who would be affected bythis. He recommended a November 3 date at 4:00 p.m. Councilman Moore agreed to includ this in his motion. Councilman Nader suggested trailing Item 9 pending Councilman Malcolm's arrival. He also noted, to clarify for the benefit of the news media, that the flag burning service (5b) was moved to another location due to safety reasons. VOTE ON CONSENT CALENDAR I~e motion carried unanimously. 5. WRITTEN COMMUNICATIONS a. Request for shared cost ($300) for expenses to publish book on /~5/ Chula Vista trees John Rojas, Jr., Chula Vista Historical Society, P.O. Box 1222, Chula Vista 92012 Council referred the request to the Resource Conservatoin Commission and the Library Board for review and recommendation. b. Request to hold Honorable Flag Burning Service - Rocco J. Sgro,/~d~ President, Fleet Reserve Association, Chula Vista Branch 61 Inc., 288 Third Avenue, Chula Vista 92010 Council referred the request to staff for a report back within two weeks. c. Request for remodeling permit - Kathy Tolle, Project Manager, i~:.:s Huffman Companies, 2700 Adams Avenue, San Diego 92116 The letter was referred to the Building and Housing Department for response. d. Resignation from Safety Commission - Suzanne Harris, 3388 Monarch /~-~<'~ Lane, Annandale, VA 22003 The letter was accepted with regret. e. Request for assistance in a Graffiti Eradication Program - Susan /~[L" Gelding, Chairperson, Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego 92010 A response will be prepared for the Mayor's signature to the Board of Supervisors informing them of the City's continued enforcement of P.C. Seciton 594.1 and of the City's efforts regarding anti-graffiti programs 6. RESOLUTION 15292 ENTERING INTO AN AGREEMENT WITH SDG&E FOR DISMANTLING Y~ OF LNG STORAGE TANKS Approval of agreement with San Diego Gas & Electric Company for the removal of liquefied natural gas (LNG) storage tanks located south of the South Bay Power Plant. (Acting Director of Community Development) Minutes - 3 - September 12, 1989 7. RESOLUTION 15293 SUPPORTING A STRONG NATIONAL DRUG POLICY On August 15, the Council accepted a letter from Jim and Helen Kilroy on behalf of the Mark Kilroy Foundation. The Kilroy's request that a Resolution be approved and sent to William J. Bennett, Director of the Office of National Drug Control Policy. (Continued from meeting of September 5, 1989) (Director of Public Safety) 8. RESOLUTION 15294 INTENTION TO CHANGE OPEN SPACE AREA BOUNDARY IN OPEN SPACE DISTRICT NUMBER 18 AND SETTING A DATE FOR A PUBLIC HEARING Proposed complex development on Telegraph Canyon Road does not have sufficient space to accommodate necessary number of parking spaces; additional property needs to be acquired. City ordinances require a notice of intention and ~etting of public hearing date whenever a change to open space areas boundary is to occur. (Director of Parks & Recreation) 9. RESOLUTION AUTHORIZING THE CITY TR/U:FIC ENGINEER TO SUBMIT AND EXECUTE THE FEDEPu~L HIGHWAY ADMINISTRATION FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT (FETSIM) PROGRAM GRANT APPLICATION AND APPROPRIATING $129,000 FROM THE GAS TAX FUND Authorizing the Federal Highway Administration (FHWA) grant application submittal, authorizing the City Engineer to execute the application, and appropriating $129,000 from the Gas Tax Fund. (Director of Public Works) This item, which needed a 4/Sths vote, was continued to the meeting of September 19, 1989 MSUC (Nader/Cox) to continue Item g to the meeting of September 19, 1989. lO. RESOLUTION ADOPTING A STREET DESIGN STANDARDS POLICY / The proposed street design standards policy specifies the widths, the number of lanes and other design features necessary to insure that there is sufficient roadway capacity to accommodate future travel. The adoption of these standards will update the standards to conform with the newly adopted Circulation Element of the General Plan and allow flexibility in the sizing of roadway facilities shown in the Circulation Element. (Director of Public Works) Continued to a Council Workshop on November 3, lg89 at 4:00 p.m. ll. ORDINANCE 2325 AUTHORIZING AN AMENDMENT TO THE CONTACT BETWEEN THE /~:/ CITY OF CHULA VISTA AND THE BOARD OF ADMXNISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM - (second reading) The purpose of the amendment to the PERS contract is to provide the improved benefits in accordance with the MOU entered into in 1987 with the International Association of Firefighters. (Deputy City Manager/Director of Finance) Minutes ' - 4 - September 12, 1989 12. ORDINANCE 2332 AMENDING ORDINANCE NO 1993 RELATING TO LAIDLAW WASTE, INC. TRASH FP~KNCHISE - (second reading) Effective September 1, 1989, Sweetwater Union High School District has awarded a contract for trash collection services at all of its facilities throughout the district, including those within the City of Chula Vista. The proposed amendment will modify the provision for exclusive service in the City to authorize a single exception, the contractor selected by Sweetwater Union High School District following a competitively bid contract process. That exception will require that the contractor also be an authorized City trash franchisee. (City Attorney) '13. RESOLUTION 15302 APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH ~.~ LUKE-DUDEK CIVIL ENGINEERS FOR WATER RECLAIiATION AND SEWER SERVICE ALTERNATIVES Resolution 15252 approved on August 8, 1989 waived competitive submissions and directed staff to return with an agreement resolution awarding a contract to Luke-Dudek for Engineering services to aid the city in determining water reclamation and sewer treatment alternatives for Chula Vista. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES City Attorney Hatton noted that per Council's direction, Public Hearings were noticed at 7:00 p.m. and suggested Council adjourn to Closed Session or continue on with the balance of the Consent Calendar. Council' agreed to continue on with the balance of the agenda and trail public hearings to 7:00 p.m. A brief recess was called at 6:55 and Council reconvened at 7:03 p.m. 14. BALDWIN COMPANY - SALT CREEK I (1) EIR CONSIDERATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL "~.~':*~ IMPACT REPORT SEIR-89-6, SALT CREEK I - RESOLUTION 15295 ADOPTING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SEIR-89-6, SALT CREEK I PUBLIC HEARING a. PCM-89-9: CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN FOR 130 ACRES AT THE NORTHEASTERLY AND SOUTHEASTERLY QUADRANTS OF EAST "H" STREET EXTENDED AND PROPOSED STATE ROUTE 125 - BALDWIN COMPANY b. PCM-89-10: CONSIDERATION OF AN AMENDMENT TO THE/~,~'~7 EASTLAKE I SPA PLAN FOR 130 ACRES - THE BALDWIN COMPANY Minutes - 5 - September 12, 1989 RESOLUTION 15298 ADOPTING AMENDMENT .TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN AND EASTLAKE I SAP PLAN FOR 130 ACRES AT THE NORTHEASTERLY AND SOUTHEASTERLY QUADRANTS OF EAST H STREET EXTENDED AND PROPOSED STATE ROUTE 125 - BALDWIN COMPANY c. PCS-89-9: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR 130 ACRES KNOWN AS SALT CREEK I, CHULA VISTA TRACT 89-9 - THE BALDWIN COMPANY RESOLUTION 15299 APPROVING TENTATIVE SUBDIVISION MAP FOR 130 ACRES KNOWN AS SALT CREEK I, CHULA VISTA TRACT 89-9 - THE BALDWIN COMPANY (2) CEQA ADOPTING CANDIDATE CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS EIR~89-6, SALT CREEK I RESOLUTION 15296 ADOPTING CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS SALT CREEK I (3) MITIGATION CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR EIR-Bg-6, SALT CREEK I RESOLUTION 15297 ADOPTING MITIGATION MONITORING PROGRAM FOR SALT/2~ CREEK I Considering amendments to the EastLake I General Development Plan and Sectional Planning Area Plan and a tentative subdivision map known as Salt Creek I, Chula Vista Tract 89-9 located at the northeasterly and southeasterly quadrants of East H Street extended and proposed State Route 125, directly to the northeast of the EastLake Hills and EastLake Shores neighborhoods, and submitted by the Baldwin Company. Considering CEQA Findings and Statement of Overriding Consideration and adoption of Mitigation Monitoring Program for Salt Creek I. (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Environmental Review Coordinator Reid noted they would be presenting the EIR and other CEQA related items first and then the staff presentation on the project itself. Mr. Reid noted that in the EIR, five alternatives were addressed and Alternative D was considered most environmentally sensitive. This alternative is supported by the project applicant. The alternative was designed to respond to the significant impacts identified during the processing and preparation of the EIR and to avoid those significant impacts. Mr. Reid also noted two corrections: on page 3-15 of the EIR, the reference to low pressure sodium vapor lamps is incorrect; the City standard is to use high pressure sodium lamps; on page 22 of the CEQA findings, a paragraph was duplicated. Minutes - 6 - September 12, 1989 Jeanne Munoz, ERCE, who prepared the report recapped the EIR, the CEQA Findings, Overriding Considerations and Mitigation Monitoring Program; noted the impacts that were infeasible to mitigate or unmitigable to below a level of significance. These included land use, aesthetics (visual resources), biological resources, noise, air quality and water supplies. She suggested the pr6ject be approved. Director of Planning Krempl presented slides and reported on the project. He noted Council's consideration of this proposal is one of General Plan conformance; this has been discussed thoroughly in the staff report; the amendment to the General Development Plan of EastLake I is in conformance with the new General Plan Update. The other consistency issue is with the Task Force formed to re-analyze sections of the land use element relative to density transfer, cluster and bonuses. These are not affected and are not impacted by the work of the Task Force. Councilman Nader asked if there was artything on the tentative map to include the use of native or drought resistant plants in the landscaping. Director Krempl responded that it was intended to be included in the Water Management Plan and in keeping with policy, could be added. Jim Harter, representing The Baldwin Company, 11995 E1 Camino Real, San Diego 92130, noted this is the first tract map his company has processed through the City of Chula Vista. He presented a brief history of the property and noted they have worked will all City depari~nents to resolve any bl have pro ems that been shown. They concur with staff and the Planning Commission recommendation to approve the project. Mr. Harter also agreed that this was a better plan than the current General Development Plan (GDP) and Sectional Planning Area (SPA) because: it generates less traffic, noise and air pollution; brings the GDP and SPA into conformance; provides an additional two lanes on East H west on the future 125 Route; provides an extra 60 acres of public and private open space; protects natural resources; UPS people have been working along with them to provide proper landscape buffer; water is available for the project; schools are provided through Mello-Roos participation. They agree with the conditions of approval as submitted by staff. Steve Estrada, Landscape Architect for The Baldwin Company presented slides and briefly oriented Council to the site of the development project and summarized the basic concept of the land plan. He also noted that it is Baldwin's intent to use natural and drought tolerant plant material throughout the project, especially on the H Street corridor. In answer to Councilman Nader's question regarding the future urban lot at the south end of the property, Mr. Harter responded that with the adoption of the amendment to the GDP and the SAP, that would provide the zoning for development of that land as a condominium unit. They would have to come back and process a tract map for approval. Councilman Nader then questioned the land use designation and asked if this was being locked in with approval of the tentative map. Mr. Hader responded that the land use is not locked in; the zoning is determined by the adoption of the GDP and SPA; a GPA and SPA amendment can change this, and the City has the option to do this at any time. Minutes - 7 - September 12, 1989 Councilman Moore noted his two concerns: i f the City could stay within the thresholds on the fire station on Otay Lakes Road and the situation of dual piping for reclaimed water. He saw no condition or requirement to put in a dual piping line that would be utilized in this particular project. The line should be in place while there is dirt as opposed to concrete in the project. He asked if there was any objection to that as a condition. Director Krempl responded that the applicant is obligated to comply with the threshold standards and a station will be located to the east of the project. As to the question of dual piping, it could be a condition that the developer provides dual piping to the satisfaction of the Water District and the City. The applicant agreed to this condition. Councilman Moore asked for clarification on the number of lanes noted for State Route 125 (6 lanes as opposed to lO in the staff report). Director Krempl responded that the numbers in the document should read as an eight to ten lane facility. There being no further public testimony, the public hearing was closed. RESOLUTION 14(1) OFFERED BY MAYOR COX. MOTION l~'CR~der/Moore) to amend by changing the relevant number of lanes on Route 125, to read lO lanes, where appropriate, throughout the EIR. Mayor Cox noted he was willing to include this in his motion and clarified that the resolution was being offered with the additional notation of correcting the EIR concerning the number of lanes for State Route 125. RESOLUTION 14(1) OFFERED BY MAYOR COX, AS AMENDED, the reading of the text was waived, passed and approved with Councilmembers Malcolm and McCandliss absent. RESOLUTION (2) OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved with Councilmembers Malcolm and McCandliss absent. RESOLUTION (B) OFFERED BY COUNCILMAN NADER, the reading of the text was waived, passed and approved with Councilmembers Malcolm and McCandliss absent. RESOLUTION (C) OFFERED BY MAYOR COX. AMENDMENT TO RESOLUTION C IMoore/Cox} to add a condition (#55), that there be a requirement for a primary dual piping line in place within the street right-of-way as a mutual agreement between Planning, Engineering, staff, developers and the Otay Municipal Water District. The motion carried with Councilmembers Malcolm and McCandliss absent. AMENDMENT TO RESOLUTION C (Nader/Cox) to add to condition #9 to add an explicit requirement for landscaping with native and drought resistant plants. Council discussion followed regarding concerns in using drought resistant plants where the public was designed to walk, this motion could be too restrictive since there are areas in the City where grass and other vegetation would be better suited, i.e. parks, playground areas; the use of re-claimed water in the future will be considerably expanded although more costly. Minutes - 8 - September 12, 1989 ADDENDUM ~an Nader agreed to include in his motion that there could be an exception where re-claimed water will be exclusively used. VDTE ON MOTION The motion carried with Councilmembers Malcolm and McCandliss absent. Mayor Cox asked staff if there were any conditions requiring the storage of RV's off the streets. Director Krempl responded that this has not been done uniformly. The ~pplicant informed Council that adoption of CC&R's in the project could Incorporate this, although those areas without Homeowners Associations could not enforce the ordinance. In answer to Mayor Cox' question if the City has precluded storage of RV's on surface streets without an established Homeowners Association, City Attorney responded that the City has not done this but we do have police power to enforce it. MOTION TC'6'~'/)~oore) to include as Condition #57 to preclude the parking of RV's on City streets in the areas under the jurisdiction of the Homeowners Associations. Council discussion followed regarding the 72 hour length of time allowed for arking under the current ordinance and the fact that the Homeowners ~ssociations would ban any parking altogether. MODIFICATION TO MOTION (Cox/Moore) to have the requirement precluding the storage of RV's to be confined just to the townhouse project and not the traditional R-1. ADDITION TO MOTION (Nader/Cox) the restriction would be that, on the private streets of the townhomes that RV parking will not be allowed for a longer period of time than would be allowed on a public street. VOTE ON RESOLUTION C AS AMENDED lhe motion carried with Councilmembers Malcolm and McCandliss absent. 15. PUBLIC HEARING PCS-89-3: CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR SERENA RANCHO DEL REY, CHULA VISTA TRACT 89-13 RESOLUTION 15300 APPROVING TENTATIVE SUBDIVISION MAP FOR SERENA P~ANCWO DEL REY, CHULA VISTA TPJ~CT 8g-13 - BREHM COM)IUNITIES This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl noted that the applicant has submitted a tentative subdivision map known as Serena Rancho del Rey, CVT 89-13, in order to develop a seven-lot condominium project consisting of 147 units on 9.53 acres at the northeast corner of East H Street and Buena Vista Way. Minutes - 9 - September 12, 1989 Mr. Dan Ream, Huntsaker & Associates, representing BREHM Communities noted they concurred with staff's recommendation and recommended that they approve the project. There being no further public testimony, the public hearing was closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved with Councilmembers Malcolm and McCandliss absent. OTHER BUSINESS 16. ORAL CO))4UNICATIONS a. Kathy Tolle, 2731 Ridgeview Drive, San Diego 92105, representing Ray L. Huffman Construction requested that Council consider adding to its plan check operation of the Building Department a special remodeling section whereby they could expedite plans by "red-flagging" them as a remodel and not a new construction. The special consideration is requested because it does not involve structural changes, the remodeling is interior work: drapes, carpeting, fixtures, etc. Mayor Cox informed Ms. Tolle that her request was on the Agenda this evening under "Written Communications" and the action had been to refer the letter to the Bull ding and Housing Department for response. b. Victor A. Nolan, 12 Via Barbarini, Chula Vista commended Council, noting Council is doing a fine job. c. James Lovett, 1 O0 Woodlawn Avenue, Bayscene Mobil ehome Park, Chula ~?~ Vista noted the complaints of the residents at Bayscene Mobilehome Park regarding violations of the City ordinance pertaining to the selling of coaches. The rents are being raised from $73 to $78 or more upon the sale of the coach. He requested that Council direct the City Attorney to write a letter to the owner of Bayscene Mobilehome Park requesting information on their policy as far as sales and complying with the City ordinance. MSC (Cox/Nader) to refer this to the City Attorney (Councilmembers Malcolm and McCandliss absent). 17. ITEMS PULLED FROM THE CONSENT CALENDAR None. 18. CITY MANAGER'S REPORT(S) None. 19. MAYOR'S REPORT(S) a. Appointment of Chula Vista 2000 Subcommittee members /~ 7~ MSUC (Cox/Nader) (Councilmembers McCandliss and Malcolm absent) to approve the appointment of the following members: Kathy Atwood Child and Adu1 t Care Subcommittee Joaquin Banda Recreation/Parks Subcommittee Charles A. Pratt Cultural Arts Subcommittee Voting Meters: Samuel S. Cruz, Marina Medel - Recreation/Parks Subcommittee Minutes - 10 - September 12, 1989 b. MSUC (Moore/Nader) to authorize trip to Sacramento for one additional meeting for final recommendations to be submitted to the League's Annual Conference. c. MSUC (Nader/Cox) to ratify the following Councilmembers to serve /~ on the subcommittees for the salary discussions with the City Manager and City Attorney: City Manager Mayor Cox and Councilwoman McCandliss; City Attorney - Councilmembers Moore and Malcolm (Councilmembers McCandliss and Malcolm out). d. MSUC Moore/Nader) to designate Mayor Cox as a representative to/~.~: ! serve oA the Bay Route Bikeway Policy Committee. Councilman Nader to serve as the alternate (Councilmembers McCandliss and Malcolm out). e. Mayor noted the following for Council and public information: Announcement on outcome of Conference Committee meeting on Appropriations on Energy and Water Bills. Council took previous action to support and add money to President's budget in the amount of $5.3 million for the Sweetwater Flood Control Channel. $2.5 was added for the Channel as of October 1. CalTrans has awarded the project for beginning the last phase of construction for Route 54 and Interstate 805. The project should be completed within the next two years. At a press conference at the Chul a Vista Marina last Friday, the Yacht Club announced their formal challenge for the Little America's Cup. The response accepting the challenge was received today. 20. COUNCIL COM)4ENTS a. In reference breaking down the large projects i.e. EastLake, Rancho Del Rey, into smaller units to be heard at separate meetings, Councilman Nader clarified that his intent was to apply this policy only to large projects. He noted he would be willing to continue discussion on this item for one or two weeks. RESOLUTION 15301 URGING AN AMENDMENT TO EXISTING FEDERAL HOUSING LAWS /~ TO ALLOW ELIGIBLE LOW INCOME MOBILEHOME SPACE RENTERS TO PARTICIPATE IN SECTION 8 (EXISTING) VOUCHER PROGRA~4S RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived, passed and approved unanimously (Councilmembers Malcolm and McCandliss out). Minutes - ll - September 12, 1989 The City Council adjourned to Closed Session at 8:25 p.m. to discuss: acquisition of the following properties: 4555 Otay Valley Road (Shell Oil Co., owner); 4501 Otay Valley Road (Roderick & Patricia Davies, owners); Parcel 624-060-27 on Otay Valley Road (Vincent & Margaret Davies, owners); 4705 Otay Valley Road (Jimmie & Judi Shinohara, owners); Parcel 644-040-40 (Walker Scott Properti es/South Bay, owner ); Parcel 624-040-45 ( Atomic Investments, Inc., Leonard Teyssier, owner); East H Street - Paseo Del Rey and Tierra Del Rey; Health Center, 263 Fig Avenue (City of Chula Vista owner, County of San Diego Lessee); 315 Fourth Avenue (Richard Zogob, owner); lease of building, 311 F Street (Hugh Christensen, owner); potential litigation: County of San Diego v. Rabin; Cabrera v. City of Chula Vista and; instructions to negotiators in connection with executive and middle management compensation pursuant to Government Code Section 54956.6. ADJOURNMENT AT 9:40 p.m. to the regular meeting of September 19, 1989 at 6:00 p.m. Respectful ly submitted, BEVERLY A. AUTHELET, CMC, CITY CLERK