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HomeMy WebLinkAboutcc min 1991/05/28 MINUTES OF A REGULAR MRI?TING OF THE u IY OF CHULA VISTA Tuesday, May 28, 1991 Council Chambers 6:04 p.m. Public Services Building CAI l.l~n TO ORDER 1. CALL THE ROLk PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tampore Moore ALSO PRESENT: John D. Goss, City Manager; Richard D. Rudolf, Assistant City Attorney; and Beverly A. Authalet, City Clerk 2. pt.RnG. E OF A~ J.~-GIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: May 16 & 21, 1991 MSUC (Rindone/Moore) to approve the ml.utas oftday 16 and 21, 1991 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Stephen C. Padilia - Safety Commission. Oath of office administered by City Clerk Authelet with certificate being presented by Councilman Malcolm. CONSENT CALENDAR (Items pulled: none) CONSENT C~1 ~-NDAR OPP-F~D BY MAYOR PRO TEMPORE MOORE, reading of the tenwas waived, passed and approved unanimously. 5. WRj-rt~l COMMUNICATIONS: a. Letter of Resignation - Resource Conservation Commission - James C. Stevens. It is recommended that .Tames Stevens' letter of resignation be accepted with regret and that a letter or appreciation be sent. b. Letterrequesringre~ucti~ninc~stf~rc~nveningfr~mseptict~citysewerf~rthepr~jecta~ngFi~h Avenue - Jeffrey Mark Lancaster, 490 Palomar Street, Chula Vista, CA. It is recommended that Mr. Lancaster's request for waiver of fees be denied but he be advised of the City's intentions to consider installing his, as well as all, sewer laterals as pan of the street improvement project. Councilman Rindone congratulated staff on their pro-active efforts to install the laterals prior to the sewer project. He noted that this would prevent the street from being dug-up after the paving. c. Claims Against the City - Claimant No. 1: Mariarma NavalTo, c/o Krajewsld & Brown, Attorneys at Law, 1600 Third Avenue, San Diego, CA 92101, Claimant No. 2: Toni Dentier, for Erin D. Dentier, a Minor, Minutes May 28, 1991 :Page 2 'rdo Dale Hilmen, Attorney at Law, 160 Thorn Street, Suite 4, San Diego, CA 92103. It is recommended that :the claims against the City filed by Marlanna Navarro and Toni Demler be denied. 6. ORDINAN(21 2448 AMENDING li ILE 19 OF THE CHULA VISTA ZONING CODE BY ADDING CHAIrrF. R 19.09 FOR THE PURPOSE OF MANAGING THE ~a-llnS GROWTH (second readin~ and adoption) - Staff has researched certain questions raised at the Council hearing regarding the obligation of projects for which tentative maps were approved after July 11, 1989, to pay future increased fees to finance the interim :SR 125 facility. Based on this evaluation, staff is proposing certain revisions to the Growth Management Ordinance. Stair recommends that Council place ordinance on second reading and adoption. (Director of ~Planning) /5,~ 7. ORDINANCE 2458 AMENDING SECTIONS 19.60.530, 19.60.550 AND 19.60.580 OF ~ !CHULA VISTA MUNICIPAL CODE ~ RI ATING TO POLITICAL SIGNS (second readin~ and adoption) - Council requested that the City Attorney's office review the political sign ordinance to address several of their concerns. Staff recommends Council place ordinance on second reading and adoption. (Assistant City Attorney Fritsch) 8. ORDINANCE 2459 ADOPTING THE NATIONAL k~CTRICAL CODE, 1990 EDITION (first reading) - On May 13, 1991, the Board of Appeals and Advisors held a Public Hearing on the adoption of the National .Electrical Code, 1990 Edition. No objections were presented either orally or written. Board recommends that Council place ordinance on first reading. (Director of Building & Housing) /~'.~:~ 9. RESOLITIION 16176 APPROVING AGRRRMENT WITH SCRIPPS MEMORIAL HOSPITAL OF 'CI-IULA VISTA FOR THE PROVISION OF EMERGENCY MEDICAL TECHNICIAN/PUBLIC SAFETY - DEFIBI~nIATION (EMT/PS-D) BASE HOSPITAL AND MEDICAL CONTROL SERVICES - At the Council meeting of April 23, 1991, Council approved an agreement with the County authorizing the Chula Vista Fire ,Deparnnent to provide EMT/PS-D services. That agreement specifies, by reference to state regulations, that a base hospital be contracted with for purposes of implementing and maintaining a Quality Assurance Program in compliance with County standards. Staff recommends approval of the resolution. (Fire Chief) .10.A. RESOLUTION 16177 INITIATING pROCR-RnINGS FOR TrIE FORMATION OF OPEN SPACE D~-aRICT NUMBER 23, OTAY RIO BUSINESS PARK, AND ORDERING TIE ta-lY ENGINEER TO PREPARE ,/~D FILE REPORT THEREFOR - In order to initiate the proceedings for the formation of open space districts, .the City Engineer must prepare a report in accordance with the Streets and Highways Code. These reSentions will begin the process of formation of open space districts for Canyon View Homes and Otay Rio Business Park. Staff recommends approval of the resolution. (Director of Public Works) ,B. RESOLUTION 16178 INITIATING PROcR-~nlNGS FOR THE FORMATION OF OPEN SPACE DISTRICT NUMBER 24, CANYON VIEWS AND ORDERING THE t2-1Y ENGINEER TO PREPARE AND FILE REPORT THEREFOR - Staff recommends approval of the resolution. /~/ 11. REPORT TRANSPORTATION CONTROL MEASURES CrCM) TO MEET REQUIREMENTS OF CALIFORNIA c~AN AIR ACT OF 1988 - Both SANDAG and Air Pollution Conre31 .'District (APCO) have been developing Transportation Control Measures CrCM) to meet the California Clear Air Act requirements. This report will update Council on the status of these TCIWs, focusing on two-trip Minutes May 28, 1991 Page 3 reduction ordinances proposed by SANDAG and APCO. Staff recommends that Council accept the report and schedule a workshop in June 1991 with representatives from SANDAG and APCD. (Director of Public Works) /~ Councilman Nader requested that staff return with alternatives that would ameliorate the fines and fees, i.e. land use planning that would reduce the number of automobile trips and other alternatives to the automobile that would be more voluntary in nature. William Gustarson, Transit Coordinator, informed Council that there was an interim goal and final goal that had to be met under Regulation 14. If the employer meets the interim goal there would be no parking fee, there would still be the $40.00 per employee fee to support transit expansion. The Quality Con~ol District is in the process of revising Regulation 14 and will hold an additional meeting in June, By the time the workshop is scheduled there should be additional information available. The Board of Supervisors will take action in August or later due to needed revisions. Mayor Pro Tempore Moore requested a brief report on the timelines and dea. dlines regarding the reduction of transportation. * * END OF CONSENT CAI~NDAR * * PUBLIC HEARINGS AND RELATED ~LUTIONS AND ORDINANCES 12. PUBUCI-IEARING CONSIDERATION TO GRANT BAY LI'tlP..S SF_~VIC~-~, INC., ITS SUCC~-k~ORS AND ASSIGNS, A FRANCHISE TO COt -LPCT AND DISPOSE OF REFUSE FROM CHULA VISTA RI~-MENTARY SCHOOL FACI~'IIF~S AND TO USE THE PUBLIC ~-tREETS AND pLAt~_~ WITHIN THE crty OF CItlJLA VISTA FOR SAID PURPOSE - The Chula Vista Elementary School District, after an open bidding procedure, granted to its low bidder, Bay Cities Services, Inc., a three-year contract to remove solid waste from its school facilities. If granted, said limited-area franchise would permit tt/e District to meet its "tight* budget. Staff recommends that Councfi place ordinance on first reading. Continued from the meeting of May 21, 1991. (City Attorney) /~(~ This being the time and place as advertised, the public hearing was declared open. AsSistant City Manager Asmus stated that Laidlaw had agreed to concur with the granting of the franchise. Don Lindberg, 280 *IC' Street, #28, Chula Vista, California, representing Bay Cities, Inc., stated they were appreciative that the process had been worked through. He emphasized that Bay Cities had not been awarded the contract at this point in time as they were waiting the decision of the Council and the Board. They will meet with the school district later this week to work out the details of the three year contract. Bay Cities was the low bidder and the bid bonds were in place. Robert Aimlie, 1300 W~son, National City, California, Marketing Manager for Bay Cities, Inc., urged the Councfi to place the ordinance on first reading. He then gave a brief history of Bay Cities and their performance in the South Bay area. There being no tinther public testimony, the public hearing was declared dosed. Minutes May ~go 199~ Page 4 ORDINANCE 2460 GRAN1]NG BAY urll~S SERVICES, INC., ITS SUC(Y,,SSORS AND ASSIGNS, a FRANCHISE TO COI].RCT AND DISPOSE OF RF_YUSE FROM CHULA VISTA RIIoVIF~ITARy SCHOOL FACIII-rh'~ AND TO USE THE PUBLIC b-i-KEETS AND pL~c~_g WITHIN THE u-lY OF (I-IULA VISTA FOR ~JD P~ (~rs~ readin~ ORDINANCE 2460 PLAI]F,,D ON FIRST READING BY MAYOR PRO TEMPORE MOORE, reading of the ten was waived, passed and approved 3-1 with COIIDeffm,n MalCOlm VOl~lg 110. ORAL COMMUNICATIONS None ACTION ITEMS 13. RESOLUTION 16179 AMENDMENT TO THE COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT PLAN REGARDING *FAIR SHARE* POLICIES - The amendment provides for further *fair share"policies. Staff recommends approval of the resolution. (Direetor of Planning) Robert Leitar, Director of Planning, stated that Council had previously approved the San Diego County Hazardous Waste Management Plan which had been submitted to the State for approval. The State did not approve the plan on the basis of what was considered restrictive fair share facility sighting criteria. The Plan has since been amended and is bdore Council for approval and then resubmission to the State Deparunent of Health Services for approval. Chris Gonover, Hazardous Materials Specialist, County Deparunent of Health Sen, ices, stated the Plan had been denied on the basis that the fair share language was to restrictive. He then explained the fair share concepL A~ the time the plan was rejected, there was no provision for a rejected plan to be resubmit'~ed to the State. In September 1990, Assembly Bill 2595 was passed which provided for resubmitUl. After rejection of the Plan negoriations began with the State Deparunent of Health Services to develop compromise ,language that the counties and the state would be satisfied with. This compromise language is before CounCil for approval. Mayor Pro Tempore Moore requested a brief oufiine of the changes and modifications to the original plan. Mr. Conover stated the fair share language included in the plan and in several other county's plan was that no single county should be responsible for l~eating all of the waste produced in the state. It was their concern that one or nvo counties would end up the dumping ground for all the hazardous waste produced in the state. The state wanted assurance that with the fair share principals in place that each county would 'be dealing with their portion of hazardous waste being generated in their county. The state has required that if the county is going to use fair share as a purpose to deny sighting of a hazasdons waste facility that county must be able to demonstrate to the state that they are dealing with all the hazardous waste being generated in their county or with that portion that is not being treated in their county that they have an intergovernmental agreement with another county or jurisdiction to handle that waste. The amendment ~brings in the intergovernmental agreements. It was felt by the commitlee developing this plan that the restraints placed upon the counties was not over burdensome. Mayor Pro Tempore Moore stated that Mexico has tightened up on what is transported across the border. The first treatment sight across the border is in Chula Vista and he questioned whether the county received credit for that facility. Minutes May 28, 199! Page 5 Mr. Conover responded that points were given as far a performing their fair share in handling of hazardous waste. There is a proposal for a facility to be located closer to the border, a definite site has not been determined at this time. Mayor Pro Tempore Moore requested that a summary be forwarded to the Office of the Mayor. RESOLUTION 16179 Ol'lqi~;D BY MAYOR PRO TEMPORE MOORE, reading of the text was waived and passed unanimously. BOARD AND COMMISSION RECOMMENDATIONS None submitted. liPAVIS pUIJ.RF~ FROM THE CONSENT CAT.RNI)AR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 14. (21Y MANAGERS REPORT(S) a. Requested that the budget carryover items and revenues be added to the agendas of the June 5th and 10ttx Budget Meeting/Worksessions at 6:00 p.m. The 4:00 p.m. meeting on June 10th has been eanceled. It was the consensus of the Coune~ to approve the City Manager's request. b. The City has pursued mitigation fees regarding l~ash being brought into the landfill in the county. The Technical Advisory Committee voted 10-5 that it should only apply to new or expanded fae~ities, therefore the Otay landfill would be omitted unless expanded. It was argued that as a matter of equity that the impacts should be spread throughout the county. It then went to a citizens committee who unanimously recommended that there be no mitigation fees. The SANDAG Board sitting as the Integrated Waste Management Board then reviewed the recommendations from the various committees with a motion being made that no mitigation fees be charged. Mayor Pro Tempore Moore then distributed photographs of the Waffle impacts with the motion being withdrawn and a new motion passing on a 11-6 vote which recommended mitigation fees on new, expanded and existing fae~i~es. c. Reminded Council and the public that there would be a Workshop on Thursday, May 30th at 7:00 p.m. in the Counc~ Chambers to review the sighting of a regional airport in Southern San Diego County. Councilman Nader stated it was not just on a proposal to build an airport in south San Diego County but generally on various proposals and options on the future of an airport facility in San Diego County. He was not willing to concede that the only option was Otay Mesa and if necessary would go to court. There are other options that should be looked at. Councilman Rindone stated that the Mayor of San Diego was flying to Mexico City to discuss the bi-national airport so it was definitely being pursued. Citizens need to understand the facts and information and become involved as it is a critical decision. For those unable to attend the meeting on Thursday, it will be broadcast on Wednesday, the last week of June and the first week of July at 7:00 p.m. Minutes May 28, 1991 Page 6 Councilman Malcolm felt that it was not in the Cities best interest to be dosed minded towards the airport. No one 'likes the idea of an airport in the South Bay but as of this time there are no studies on traffic, environment, flight plans, economic benefits, or what the impacts would be. Sometimes it is more effective to sit down and wait for the information. It is important, that the citizens of Chula Vista be protected- but /is should be approached on a more rational basis. 1S. MAYORS REPORT(S) a. Scheduling joint meeting with Economic Development Commission. Councilman Rindone felt the meeting should be held after the new Mayor is sworn in. b. Schedule time for interviews for vacancies on Charier Commissions - a Saturday morning was recommended. Requested that Council contact the Mayor/Council secretary regarding their schedules. 16. COUNCIL COMMENTS Councilman Pindone: Reminded the public that the election would be on June 4th and encouraged everyone to vote. Councilman Nader: 'Stated he was surprised that staff had not returned with a recommendation regarding the safety concern for the ball fields at the Orange-Rienstra park. He questioned when this would come back to Council for review. Jess Valenzuela, Director of Parks and Recreation, stated that staff was currently costing ou.t different materials and that it would be before Council at their next meeting for review. '~uncitman Malcolm: Felt that the utility companies should be held responsible for the removal of graffiti on the *green boxes'. ;He requested a report for the next meeting from the City Attorney and a possible emergency ordinance ~which would require that they be painted over within a reasonable period of time. He felt one week would be considered reasonable. /~6~ ~David Byeis, Deputy Public Works Director, stated the Committee would be meeting tomorrow and would ~ about standardization regarding paint that would enable the City crews to paint over the graffti with · [he utilities being charged. The utilities felt that they could meet a 10-15 day requirement but their concern was that rate payers in other areas of the count, without a graffti problem, being disproportionately charged. Mayor Pro Tempore Moore stated that the committee was looking at joint funding and it was hoped that the program would reduce costs to everyone. He felt that this should be included on the agenda for the next Committee meeting. · ;Councilman Malcolm stated that he appreciated their cooperation but felt that the City should still have the requirement. Minutes May 28, 1991 Page 7 Counc~man Rindone stated that a comprehensive graffiti program would be forth coming and agreed with Councilman Malcolm that it was a pervasive problem. If rapid steps could be taken it should be done. Councfiman Nader felt that if graffiti had been wiped out originally it would not be coming into other communities. This point should be made to the utility companies. Assistant City Attorney Rudolf questioned if it was Council's intent that the Committee continue on with their work and come back to Council with a report next week if they are ready with no direction to come back with an ordinance yet. Councfiman Nader stated he would be ready to take action on an ordinance as soon as possible. He did not feel that Counc~ needed to wait for the entire program to come back before taking action. If something could be done now to get it under control all the better. Councilman Malcolm responded that if it could be done now it should be done, if staff needed a couple of weeks due to what the Committee was doing that would be all right. If Councilman Rindone agreed that this could be taken care of now rather than waiting for the comprehensive program, then it should be moved forward. Mayor Pro Tempore Moore questioned when the Committee would finish their review of the graffiti ordinance. Mr. Byers responded that the Chamber and Committee had reviewed the ordinance and had agreed that the City Attorney would add special language. If the City Attorney could prepare the ordinance this week it would be before Council at their next meeting for consideration. ADJOURNMENT ADJOURNMENT AT 6:53 P.M. to the Regular City Council Meeting on Tuesdal/, June 4, 1991 at 4:00 p.m. in the City Council Chambers. A Redevelopment Agency meeting convened at 6:53 p.m. and adjourned at 7:25 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk