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HomeMy WebLinkAboutcc min 1991/02/19 MINLH'ES OF A REGULAR MEETING OF THE CITY OF CI-IDIA VISTA Tuesday, February 19, 1991 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Malcolm, Nader, Rindone and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet. City Clerk 2. ADVANCEMENT OF COLORS BY THE CI-IULA VISTA DEMOLAY YOUNG MEN'S MASONIC ORGANIZATION 3. PLEDGE OF ,~IJ.RGIANCE TO THE FLAG, SILENT PRAYER 4. APPROVAL OF MINUTES: December 18, 1990, January 26, 1991, and February 2, 1991 Councilman Rindone stated he had not received a complete set of the 12/18/90 minutes and requested they be brought back next week. MSUC (Moore/Rindone) to approve the minutes of January 26 and February 2, 1991 as submitted. 5. SPECIAL ORDERS OF THE DAY: Proclaimlug the week of February 17 through 22,, 1991 as 'Danidle Marie Martin Week"- The proclamation was presented by Councilman Malcolm to Danidle Marie Martin. CONSENT CALENDAR (Items pulled: 9A & B, and 14) BALANCE OF CONSENT CAI .ENDAIL AS AMENDED, OFFERED BY MAYOR PRO ~ORE MOORE, reading of the text was waived. Councilman Malcolm stated that due to the proximity of the property in Item #t5 to his home, he would abstain from voting on that item. VOTE ON CONSENT Cd~I.ENDAR: approved unanimously, with Councilman Malcolm abstaining on Item #15. Council meeting recessed at 6:40 and meet as the Redevelopment Agency to hear Item #4 of that agenda and reconvened the Council meeting at 7:05 p.m. Minutes February 19, 1991 Page 2 6. WRI l tl~N COMMUNICATIONS: a. Request to have City contact owner of properly at southeast comer of 'E" SITeet and Third Avenue, Chula V'Lsta to dean and maintain property - Eleanor Stubblefield, 138 Second Avenue, Chula Vista, CA. Staff recommends that Mrs. Stubblefield be advised of the results of staffs contact with the property owner. /,5'~.~' 7. ORDINANCE 2436 ADDING SECTIONS 10.52.480 AND AMENDING SECTIONS 10.56.020 THROUGH 10.56.040, 10.56.150 AND 10.S6.280 THROUGH 10.56.320 }~RI.ATING TO PARKING METER ZONES AND PERMIT PARKING (second readinE and adoDl~on) - At its 11/20/90 meeting, Council approved staffs recommendations to establish a parking permit system and change the one-hour meters on Third Avenue to two hours. Staff recommends Council place ordinance on second reading and adoption. (Director of Community Developmen0 /~3~ 8. ORDINANCE 2441 AMENDING SECTION 3.20.040 OF THE CHULA VISTA MUNICIPAL CODE TO INCLUDE PUMP STATION OPERATION AND MAINTENANCE FEES (first readinl~] - Section 3.20.040 of the Chula Vista Municipal Code provides for payment of sewer service charges, penalty for delinquency and discontinuation of sewer service for non-payment. The consequences of non-payment of pump station operation and maintenance fees are not addressed in this section or any other section of the Code. Staff recommends that Council place ordinance on first reading. CDirector of Public Works) 9.A. ORDINANCE 2442 AMENDING SECTION 2.O4.150 OF THE CHUIA VISTA MUNICIPAL CODE ~I:J.ATING TO THE CONSENT CALENDAR FOR CITY COUNCIL MEETINGS (first readinK) - At it's 2/5/91 meeting, Council discussed a staff report regarding potential changes to the City Council Agenda format, specifically whether routine items should be placed on the consent calendar with those items expected to require specific action or discussion by the Council placed under a new 'Action Items' section on the Council Agenda. At that meeting, the Council directed staff to bring back proposed guidelines for what would constitute Action Items, as opposed to Consent Calendar items, in preparation for implementing the Action Items concept. Staff recommends that if Council wishes to implement the Action Items concept, approve the resolution and place ordinance on first reading. (Deputy City Manager Thomson) Pulled from the Consent Calendar. /..f 8 ~1 Councilman Malcolm questioned what would have happened if the item had been left on the Consent Calendar. He would like to see the process left the way it currently is. Councilman Rindone stated that at a previous meeting Council had approved to adjust the agenda format and gave staff direction to develop acceptable parameters. He felt it was appropriate to take action and that this would benefit the procedures and process for the agenda. ~ ORDINANCE 2442 AND RESOLUTION 16069 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived. Councilman Malcolm felt this change would lengthen the meetings a bring divisiveness between Council. He expressed his concern as to how the items would be designated and by whom. He felt public access was better under the existing agenda procedure. He agreed that there were areas that could be improved but felt that the current process should be utilized for a year so that the new Councilman could see how it works. Minutes February 19, 1991 Page 3 Councilman Rindone felt that reliance upon staff should be utilized to the fullest. The new process would allow the Council to focus on those items needing Council's attention. He had artended over fifty meetings before taking his seat on Council and felt that the recommended changes would benefit the City and the public. Mayor Pro Tempore Moore questioned whether this could be done on a trial basis. City Attorney Boogaard responded that it could be done in two ways, i.e. adopt the resolution as is with the understanding that it would be reconsidered at a set time, or a sunset clause could be added which would not require a vote or reconsideration. Councilman Malcolm felt the best way to see if the public wanted to address any item on the agenda would be to utilize the current agenda process. Mayor Pro Tempore Moore felt the change would help to facilitate the running of the meeting. The goal is to serve the public better by having more efficient shorter meetings. Councilman Rindone stated he Was disappointed in the way staff had addressed the item. As a member of the staff, he would not want to change the system. His recommendation was a more efficient system for the policy makers. Councilman Nader saw merit in what Councilman Rindone was trying to do and felt the proposed changes could save time during the meetings. VOTE ON ORDINANCE 2442 AND lIESOLUTION 16069: approved 3-1 with CounciLman Malcolm voting no. B. RESOLUTION 16069 APPROVING COUNCIL POLICY ESTABLISHING THE ORDER OF BUSINESS AT [.rti COUNCIL MEETINGS AND ADDING AN ACTION ITEMS SECTION - Pulled from the Consent Calendar. 10. RESOLUTION 16059 APPROVING AN AGI~RI~MFJqT WITH LOC NGUYEN AND BAY LE AND GRANTING EASE_MENT REGARDING GREENWOOD PLACE FOR THE ISSUANCE OF A COMMON DRIVEWAY EASEMENT AND IANDSCAPE LICENSE OVER OPEN SPACE, ACCEPTING $7,500 AS COMPENSATION ~OR, AND RE~-I KICTING A COMPARABLE AREA OF APPLICANTS LAND FOR NON-CONStRUCTION - Council requested that staff determine the extent of the City's prior commitment to the property owners and determine if a solution can be achieved which reduces the impact on the open space and the neighbors, while still meeting the commitment of the City to the property owners. Staff recommends approval of the resolution. (City Attorney) Continued from the 2/][-2/91 meeting. 1t. RESOLUTION 16070 APpROVINGAMENDMENTTOAGREEMENTMTHURBANCONVENIENCE CORPORATION FOR OPERATION OF TIlE BAYFRONT VISITOR INEOR!IATION CENTER - At its 9/18/90 meeting, Council approved a three-year agreement with Urban Convenience Corporation for the operation of the Bayfront Visitor Information Center, with the agreement commencing on 10/1/90. One of the provisions of that contract was that Urban Convenience Corporation formulate a graphic Design Layout acceptable to the City by 12/20/90. Urban Convenience Corporation has asked for a six month extension of that date and staff has negotiated the attached contact amendment to provide for such an extension. Staff recommends approval of the resolution. (City Manager) /Y~3 Minutes February l9, 1991 Page 4 12. RESOLUTION 16071 APPROPRIATING FUNDS, ACCEPTING BIDS, AND AWARDING CONTRACT FOR *PHASE NINETEEN THROUGH TWENTY-TWO STREET IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA' - On 2/6/91 the Director of Public Works received sealed bids for "Phase Nineteen through Twenty-two Street Improvements at various locations in the City of Chula Vista". The work to be done consists of various street improvements adjacent to 41 separate parcels. The work includes removal and disposal of existing improvements, excavation and grading, asphalt concrete pavement, base, curb and gutter, sidewalk, sidewalk ramp, driveways, traffic control, protection and restoration of existing improvements, and other miscellaneous work shown on the plans. Staff recommends that Council approve the resolution appropriating $107,574.70 from the unappropriated balance of Gas Tax funds to Block Act .FY 1990-91 and accept bids and award contract to Caves Construction, Inc. in the amount of $188,019.00. (Director of Public Works) 4/5's vote required /_CO ¥¥ 13. RESOLUTION 16072 APPROVING IMPLEMENTATION AGREF~ FOR TIlE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM - This agreement entered into by the County of San Diego, the incorporated cities of San Diego County and the San Diego Unified Port Dislxict establishes the responsibilities of each party with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations administered by the United States Environmental Protection Agency (EPA) under the authority granted by the Clean Water Act (CWA) and its 1987 amendments, the Water Quality Act (WQA). Staff recommends approval of the resolution. (Director of Public Works) Councilman Rindone questioned the projected compliance costs involved. City Manager Goss responded that this was an administtative agreement without significant costs. The project would clean up discharge from the storm sewer system into the bay. Staff does not know the costs involved but project that there would be significant costs. Councilman Rindone requested that in the next step of the process, staff delineate those issues for a better understanding. 14. REPORT REGARDING POLICY DIRECTION ON RECYCLING ISSUES - This report is in response to a 1/15/91 request by Council for information on voluntary commercial recycling. In addition to that response, a number of other recycling issues requires further clarification of Council direction. Staff recommends that Council accept the report and place ordinance on first reading. (City Manager) Pulled from the Corment Calendar. IJ'~ q'~ Councilman Malcolm stated that when the recycling program started, staff started a pilot program and during that time the City was locked into a supplier without going out to bid. There was no clear process which ,made the public or some of Councilmembers happy and that any mandatory service had to be bid. He had been assured that before a program was established for apartments, commercial and industrial units that a program would be put out to bid. He questioned when the normal process would begin. Stephanie Popek, Senior Management Assistant, responded that the ordinance before Council did not suggest that the City would not go out to bid on a commercial program. It is to explain to Council that in the absence of a commercial program there are other commercial providers other than Laidlaw that are picking up business in the City. Councilman Nader stated that if adopted, it will be open to Laidlaw or any other private prorider, to yolunmrily make arrangements with commercial and local family units for service. This is not awarding exclusive rights. Minutes February 19, 1991 Page 5 Councilman Malcolm asked for assurance that this would not slow down the bidding process for the commercial, industrial, and detached housing program. Ms. Popek responded that staff will return to CouncL! in a workshop forum within the next three months regarding that program. The alternative to not taking action tonight on the voluntary commercial opportunities would be to have staff determine who is doing business within the City and get them to stop until a commercial program can be established. Councilman Malcolm questioned when the report regarding commercial/industrial fees would be coming back to Council. City Manager Goss responded that Laidlaw had requested an additional rate increase effective April 1st. He had been notified today that they would like to continue the request for another quarter. He would recommend that a public hearing be held prior to the end of the fiscal year. The report on the industrial/commercial rates is a matter of on.going discussion at this time. Councilman Malcolm felt the report was a high priority item and requested that it be brought back as soon as possible. Lorraine J. Cypher, 1404 Hilltop Drive, Chula Vista, California, hoped that the City could find another alternative rather than a mandatory program and fees. Mayor Pro Temp~re Moore responded that due to State mandates the cities are being required to decrease the amount of trash taken to the landfills. Councilman Rindone requested a clarification of the recommendation for the modification of the ordinance which stipulates: "Laidlaw" may enter in voluntary recycling programs. Ms. Popek responded that the recommendation was requested because the ordinance is an agreement specifically with Laidlaw. Gity Attorney Boogaard stated he concurred, except for the term agreement, because the ordinance is a franchise to Laidlaw and the City had to address their volunteer participation. Councilman Rindone questioned the need to approve the ordinance. Councilman Nader stated that staff had misinterpreted Council action last year. Council wanted the commercial/industrial program go out to bid. They also felt that the residential program should go out to bid before it comes up for renewal. It was not Councfl's intent to say that Laidlaw could not compete with other private businesses for a voluntary program f~ multi-family and commercial units. ORDINANCE 2443 AMENDING ORDINANCE 1993 SECTION 21, REGARDING RESIDENTIAL CURBSIDE RECYCLING COLLECTION OF SINGLE-FAMILY HOMES AND VOLUNTARY COMMERCIAL RECYCLING COLLECTION (lint ~d~) ORDINANCE 2443 OFFERED BY COUN(]LMAN MALCOLM, reading of the text was waived, passed and approved 3-1 with Councilman Rindone voting no. 15. REPORT REGARDING REVISIONS TO TERRA NOVA PARK CONCEPT PLAN ~ The Woodcrest Terra Nova Developer agreement specified $850,000 improvements to the existing Terra Nova Minutes February 19, 1991 Page 6 Park. The Master Plan included expanding the park area by approximately three acres for two ballfields, two lighted tennis courts, and lighted basketball court. Actual additions to the park have been reduced to cost. Staff recommends that Council accept the report. (Director of Parks and Recreation) Continued from the 2/12/91 meeting. /da'O ~/' 7 Councilman Malcolm abstained from voting due to a potential conflict of interest, * * END OF CONSENT CALENDAR * * PUBLIC I-W_JhRINGS AI",,K) RELATED RESOLUTIONS .AND ORDINANCES 16. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 51 FOR GRADING OF 11.6 ACRES FOR THE ROHR OFFICE COMPLEX ON THE SOUTH SIDE OF LAGOON DRIVE The project involves grading and drainage improvements to 11.6 acres of currently vacant property located on the south side of Lagoon Drive ("F" Stree0, adjacent and west of the SDG&E 138KV Iransmission line right of way, north of the existing Rohr Indus~'ies complex, and east of the F/G Sweet Marsh. The project site is located within the boundaries of the City of Chula Vista's certified Local Coastal Program, with a portion of the site located within an area where the State Coastal Commission has reserved permit jurisdiction. Therefore, Coastal Development Permits from both the City and the State Coastal Commission are required. Staff recommends that Council accept the repor~ and approve the resolution. (Director of Community Development) /-~'~ Pamela Buchan, Senior Community Development Specialist, reviewed the information handed to Council before the meeting. She requested that Council approve the Mitigation Monitoring Program, Resolution certifying EIR, Addendure, Grading Plan, Coastal Development Permit, Conditions of Approval, Exhibit A for EIR, Statement of Overriding Considerations and CEQA Findings. Councilman Nader requested clarification as to whether the only action being taken tonight was a Coastal Development Permit for grading. City A~orney Boogaard responded that Council is reviewing the EIR for the entire project. The only thing being handed out tonight that is additional is the Traffic Addendure and the Mitigation and Monitoring Program. Ms. Buchan replied that Council is reviewing a Coastal Development Permit for a grading plan and construction. When doing the EIR0 the project must be reviewed in total. Tonight Council is reviewing the grading the permit, the Coastal Development Permit for the grading plan. Project construction will be considered through an owner participation agreement at the Redeyelopment Agency in March. Staff is asking that Council certify the entire EIR and the mitigation program. Councilman Nader stated he was not given sufficient time to read the minutes from the Commissions handed out before the meeting regarding their concerns and recommendations. City Manager Goss acknowledged that Council had received a large amount of material just before the meeting and felt their choices would be to either consider tonight or continue for one week. Mayor Pro Tempore Moore stated the Resource Conservation Commission minutes were included in the EIR. The minutes of the Planning Commission were not included in the EIR. The Mitigation Monitoring Program Minutes February 19, 1991 Page 7 was a new document handed our to Council tonight. He stated that approximately 90% of the information was included in the reports given to Council last week. Councilman Malcolm stated that all comments were responded to in the EIR as required by law. This being the time and place as adve~ised, the public hearing was declared open. Ian Gill, Vice President of Starboard Development Corporation, 1202 Ketmer Boulevard, San Diego, California, representing Rohr Industries Inc., clarified that in addition to the owner participation agreement on March 7th, there would be a Coastal Development Permit hearing for the building on March 12th. Councilman Malcolm questioned why the prohibition was not from November 1 to April 1. Ms. Buchan responded that in the LCP the date is November 1 to April 1. The plan was amended in 1989 to allow grading within the coastal area given certain stringent conditions which have been included in this project. Councilman Malcolm questioned whether the Rohr parking lot would be closed during the weekend. His concern was that in the waterfront areas there is never enough parking. He would like to see public access to the parking lots on weekends and/or holidays. It should be a two way s~reet with the City indemnifying Rohr for the usage. He requested that this issue be revisited before the project comes back before Council for review. There being no further public testimony, the public hearing was declared closed. RESOLUTION 16073 CERTIFYING EIR-90-10, AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATION, ADOPTING MITIGATION MONITORING PROGRAM, FINDING ROHR'S PROPOSED GRADING PLAN IS CONSISTENT WITH THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM, AND/LoPROVING ISSUANCE OF COASTAL DEVELOPMENY PERMIT NUMBER 51 RESOLL1TION 16073 OF'p'ILRED BY COUNCILMAN MALCOLM, reading of the text was waived. This is to include staff recommendation of approval of conditions 1, 2, and 3. Approved unanimously. Councilman Nader stated that the Council was approving the EIR on staffs representation that the material handed out did not contain any additional comments not addressed in the EIR handed out last week. City Attorney Boogaard stated that he recommended that the Environmental Consultant give her opinion that the EIR is certifiable as in compliance with CEQA, 17. PUBLIC HEARING AMF2~MENT TO COASTAL DEVELOPMENT PERMIT FOR DIXIELINE LUMBER COMPANY COIql~OIJ.RI~ FILL - Dixieline Lumber Company has requested an amendment to Condition Number 7 on Coastal Development Permit Number 008A. That condition stated that the maxima time period that the fdl surcharge shall be allowed to remain on the project is 36 months. The applicant is requesting that the condition be removed. Staff recommends approval of the resolution. (Director of Community Development) ].f~-$'~ Councilman Malcolm stated that due to a potential conflict, he would abstain from voting on this item. Minutes February 19, 1991 Page 8 Chris Salomone, Director of Community Development, outlined Exhibit A which contained Conditions 7 and 8 which staff recommended. These would relieve the applicant of the thirty-six month condition originally placed on the site. The staff and the developer feel the thirty-six month condition would be onerous. Councilman Rindone felt this was an excellent approach as it was an extension of twenty-four months, as it incorporated the original thirty-six months. This being the time and place as advertised, the public hearing was declared open. Jack Duncan, Real Estate Consultant for Dixieline Lumber Company, 2047 El Cajon Boulevard, San Diego, California, stated he would answer any questions that Council had. Mayor Pro Tempore Moore questioned ff Dixieline was prepared to move forward with the project once the soil had been surcharged. Mr. Duncan responded that the soils engineer had informed them that after it had been there for several years it should have done its job. Landscaping will be done on the soil with irrigation. There being no further public testimony, the public hearing was declared closed. RESOLUTION 16074 AUTHORIZING THE AMENDMENT OF COASTAL DEVELOPMENT PERMIT NUMBER 008A TO DIXIELINE LUMBER COMPANY FOR A CONTROI J-RF} FIlL RESOLUTION 16074 OFFhoED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived. This is to include staff recommendations 1 and 2 and the addendure which includes Conditions 7 and 8. Approved 3-0-1> 1 with Councilman Malcolm abstaining. OTHER BUSINESS 18. ORAL COMMUNICATIONS 18a. Paul Shearer, 161 Jamul Avenue, Chula Vista, California, requested that Council consider an alternate trail for horseback riding around Rohr Park. The trail has now been put on Sweetwater Road and he felt it was extremely dangerous. l~aSI Councilman Malcolm stated there was also a problem with the jogging trail. Assistant City Manager Asmus responded that staff was in the engineering stage of designing an altemate route which would take them off Sweetwater Road. The hazards occur when they get off the Willow S~eet bridge onto Sweetwater. Staff will submit a report to the Council to updating them on this project. Councilman Nader requested that a copy of the report be forwarded to Mr. Shearer. 18b. Donald Lungford, 667 Seavale #5, Chula Vista, California, addressed the issue of the homeless soliciting work and/or food on the street corners within the City. He questioned whether the City could take action to decrease those numbers. Mayor Pro Tempore Moore requested that staff contact Mr. Lungford regarding his concerns. Minutes February 19, 1991 Page 9 19. ITEMS pUlJ.Rrl FROM THE CONSENT ~AR (Items pulled: 9A & B, and 14) The minutes will reflect the published agenda order. 20. C11-*/MANAGER'S REPORTf S) a. Scheduling of meetings - There will be no Redevelopment Agency Meeting on Thursday due to the meeting being held immediately after tonights Council meeting. b. Notice of Intention by Laidlaw Waste Systems Inc. that the City consider allowing a rate increase for refuse collection effective 4/1/91 based on the CPI increase for San Diego County for the period of 1/1/90 through 12/31/90. Laidlaw has contacted the City and stated they would defer the increase until July 1, 1991. The position of the City would be that they have an opportunity to present the general rate increase prior to July 1st. There is an option of holding a public hearing once they have requested the increase and it would be his recommendation that a public hearing be held. MSUC (Nader/Moore) to direct staff that when Laidlaw places their request for a Fate increase that a public hearing be set. Staff is also directed to submit to Council a report regarding the elimination of the recycling charge at or before that public hearing. c. Introduced the following three new employees to the City: Recreation Superintendent, Sunny Shy; Principal Management Assistant, Terese Enos; and Conservation Coordinator, Athena Bradley 21. MAYOR'S REPORT(S) a. Appoinnment to Boards and Commissions: Bayfront Conservancy Trust "Citizen at Large', Seat Number Nine 1505'3 MSUC (Nader/Rindone) to ratify appointment Judy Schulenberg to Seat #9, BayfTont Conservancy Trust 'Citizen at Large' 22. COUNCIL COMMENTS a. Councilman Malcolm: Legislative Analysis Requiring Council Action: SB132 (Crave/0 '- Mobilehome Parks: Rental Agreements and Rent ConlTol. Staff recommends Council SUPPORT and request amendment. MSUC (Malcolm/Moore) to support SB132 (Craven). RESOLUTION 16075 REQ~NG THE BOARD OF SUPERVISORS TO REFRAIN FROM IMPLF. aMENTATION OF THE 'BOOKING" FEE AUTHORITY UNDER SB 2557 - Staff recommends approval of the resolution RESOLLrI1ON 16075 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. Minutes February l9, 1992 Page 10 Information: SB169 (Boatwright) - Repeal of SB2557 Booking Fees, Property Tax Charges -Staff recommends Council SUPPORT. No action taken. SB388 (Peace) - Airports. Staff recommends Council SUPPORT. MSUC (MalcolngNader) to support SB388 (Peace). 23. BOARD AND COMMISSION RECOMMY_a'qDATIONS: None ADJOURNMENT A Redevelopment Agency meeting was held immediately following the City Council Meeting. ADJOURNMENT AT 7:50 P.M. to a Friday, February 22, 1991 at 7:30 a.m. in the City Council Conference Room for a Legislative Briefing with State Senator Wadie Deddeh and State Assemblyman Steve Peace. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk