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HomeMy WebLinkAboutcc min 1989/09/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA Tuesday, September 19, 1989 Council Chamber 6:00 p,m. Public Services Building Regular Meeting CALL TO ORDER 1. ROLL CALL: Councilmembers Malcolm X , McCandliss X , Nader X , Moore X , 'Mayor Cox A Staff: City Manager Goss, Assistant City Manager Asmus, Deputy City Attorney Fritch, Principal Management Assistant Lieberman 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: July 27, 1989, September 5, and September 7, 1989. MSC (Moore/McCandliss) to approve the minutes as submitted (Mayor Cox absent). 4. SPECIAL ORDERS OF THE DAY: a. Oath of office to John Keefe, Board of Ethics The City Clerk noted Mr. Keefe was not able to attend the meeting this evening to receive his Oath of Office. CONSENT CALENDAR (items 5a through 14) Items pulled: 5d, 5f, 5g, 7, 12, 14 Councilman Malcolm noted he would be abstain from voting on Item 14. Councilman Malcolm asked staff if there would be building permits issued within next three or four weeks at Rio Otay Business Park (Item 12). Staff responded no. Regarding Item 11, Councilman Malcolm asked staff if there were any developments going on whereby if the City waited a reasonable length of time, they could get the developers to pay for the drainage channel. Staff responded no. Councilman Nader noted there were requests to continue Items 5b and lO. Council agreed to continue Item 5b to the meeting of October 3, at 4:00 p.m. and Item 10 to next week. COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of the texts was waived, passed and approved (Mayor Cox absent}. 5. WRITTEN COMMUNICATIONS a. Request for bench at bus stop on Route 29 (Target Store) - Marguerite Detlefs, 388 F Street, #1 06, Chula Vista Minutes - 2 - September 19, 1989 Council directed staff to advise Ms. Detlefs that a bench will be placed at this location shortly after October 1, when new benches will be available. b. Offer of services to Council and Port Commission to clean up bay - Ken Harlan, 347 L Street, Chula Vista The item was continued to the meeting of October 3, 1989 at 4:00 p.m. c. Resignations of Julia Palmer and Daniel Schwarz from Youth Commission A letter accepting the resignations with regret will be sent to both Commissioners. d. Request to reconsider earlier decision of Council regarding the zoning of the Sweetwater District property located at ll30 Fifth Avenue Anthony Trujillo, District Superintendent, ll30 Fifth Avenue, Chula Vista Pulled from Consent Calendar. e. Request for 2-hour parking signs on 700 block of Elder Avenue - Mrs. Ronald A. Quinones, 38g Elder Avenue, Chula Vista The request was referred to the Safety Commission for their evaluation and report back to Council. f. Request for waiver or a reduction of fees - Pastor Rick Johnson, Risen Savior Ev. Lutheran Church 391 Bay Leaf Drive, Chula Vista 92010 Pulled from Consent Calendar. g. Request for study and action on rezoning of Lincoln South City Business Center Larry H. Hamsen, Partner, Lincoln Property Company N.C., Inc., 30 Executive Park, Suite lO0, Irvine, CA 92714 Pulled from Consent Calendar. h. Claims against the City: Wesley Wood, a minor, c/o Ruth Jundt; Charles Michael Ziegenfelder, 1320 Columbia Street The claims were denied. 6. RESOLUTION 15303 ACCEPTING BIDS AND AWARDING CONTRACT FOR MICROCOMPUTER HARDWARE AND ACCESSORIES Bids were received for the purchase of microcomputers and accessories as approved in the FY 1989-g0 budget. Council awarded the contract to Government Technologies (low bidder). (Director of Finance) 7. RESOLUTION -' , CONSENTING TO TERMS OF ASSIGNMENT ASSUMPTION AGREEMENTS NUMBERS ONE AND TWO PROPOSED BY THE HOME DEPOT, INC. PURSUANT TO $4,400,000 AND ORIGINAL PRINCIPAL AMOUNT OF CHULA VISTA VARIABLE RATE DEMAND CHARTER CITY REVENUE BONDS (THE HOME DEPOT, INC. PROJECT) SERIES 1985 (Acting Community Development Directo~l Pulled from Consent Calendar. Minutes - 3 - September 19, 1989 8. RESOLUTION 15304 AUTHORIZING THE CITY ENGINEER TO SUBMIT AND EXECUTE THE FEDERAL HIGHWAY ADMINISTRATION FUEL EFFICIENT TR/UrFIC SIGNAL HANAGEMENT (FETSIM) PROGRAM GRANT APPLICATION AND APPROPRIATING $12g,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) 9. RESOLUTION 15305 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEEDSHILL HERKENHOFF, INC. FOR CONSULTING ENGINEERING SERVICES TO PREPARE THE PROjECT STUDY REPORT FOR INTERSTATE 805/EAST H STREET INTERCHANGE AND AUTHORIZING THE I~AYOR TO EXECUTE SAID AGREEMENT An agreement with Leedshill Herkenhoff, Inc. to prepare a project 1-805 and East H Street design study report. (Director of Public Works) 10. RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS -CONTRACT WORK FOR CONSTRUCTION OF 12-INCH RELIEF SEWER FROH QUINTARD STREET TO 288 FEET SOUTH BETWEEN SECOND AVENUE AND THIRD AVENUE IN THE CITY OF CHULA VISTA (Director of Public Works ) This item was continued to the meeting of September 26, 1989. ll. RESOLUTION 15306 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT BEIN, WILLIAH FROST AND ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED FOR DRAINAGE CHANNEL IMPROVEMENTS WITHIN THE CHANNEL BETWEEN GUATAY AVENUE AND NAPLES STREET, EAST OF HILLTOP (NAPLES CHANNEL) AND AUTHORIZING THE HAYOR TO EXECUTE SAID AGREEMENT The engineering firm of Robert Bein William Frost and Associates was selected to design drainage channel improvements within the Naples channel east of Hilltop based on their rank established by the prequalified list of consultants approved by Council. (Director of Public Works) 12a. RESOLUTION ~: REVISING CONDITION OF APPROVAL 15(A) OF RESOLUTION 13173 (OTAY RIO BUSINESS PARK) b. RESOLUTION r.~,',.' ACCEPTING GRANT OF EASEMENTS FOR DRAINAGE FACILITIES LAYING OUTSIDE THE BOUNDARIES OF CHULA VISTA TRACT NO. 87-6 c. RESOLUTION ':?':~ APPROVING THE AGREEMENT )LADE TO SATISFY CERTAIN CONDITIONS OF APPROVAL OF TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT NO. 87-6 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Minutes - 4 - September 19, 1989 d. RESOLUTION ':'~": APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 87-6, OTAY RIO BUSINESS PARK, UNIT NO. 1 ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS AND OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION MAP AND AUTHORIZING THE )lAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) Pulled from Consent Calendar. 13. RESOLUTION 15307 ACCEPTING PUBLIC IMPROVEMENTS CONTPJ~CT WORK FOR CONSTRUCTION OF BOX CULVERT AND TRANSITION STRUCTURE AT 416 BROADWAY IN THE CITY OF CHULA VISTA - on June 13, 1989, Council awarded a contract in the amount of $84,400 to Roca Construction Company, Inc. for construction of a box culvert and transition structure at 416 Broadway. The work is now completed. (Director of Public Works) 14. REPORT HERMOSA AND ORANGE AVENUE PARK CONCEPT PLANS (Director of Parks & Recreation) Pulled from Consent Calendar. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING TO CONSIDER GRANTING A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO EDCO DISPOSAL CORPORATION (Principal Management Assistant) ORDINANCE '~ GRANTING TO EDCO DISPOSAL CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO COLLECT AND DISPOSE OF REFUSE AND TO USE THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA FOR SAID PURPOSES (first reading) - MSC (Malcolm/Nader) to continue to September 26, 1989 at 7:00 p.m. 16. PUBLIC HEARING GPA-89-SM: PROPOSAL TO AMEND THE MONTGO4ERY SPECIFIC PLAN BY THE REDESIGNATION OF A CERTAIN 4.29 ACRE PARCEL OF LAND RESOLUTION 15308 APPROVING MONTGOMERY SPECIFIC PLAN AMENDMENT GPA-Bg-SM This being the time and place as advertised, Mayor Pro Tempore opened the public hearing. This item involved the consideration of a proposal to amend the Montgomery Specific Plan by the redesignation of a certain 4.29 acre parcel of land, located on the southerly side of Oxford Street between Fourth Avenue and the Lauderbach Park and Community Center from "Parks and Open Space" and "Special Study Area" to "Low/Medium Density Residential" (3 to 6 dwelling units per acre) on the plan diagram - (Director of Planning) Minutes - 5 - September 19, 1989 Tony Castro, Montgomery Planning Committee, 158 Zenith Street, Chul a Vista informed Council he was in the audience tonight to back up staff recommendation and answer any questions Council might have. Speaking in opposition were: A1 Piselli, 359 Oxford Street, Chula Vista; Thelma Hastin9s, 357 Oxford Street, Roxie Freeman, 634 Mariposa Circle; Anthony J. Petrozzelli, 2998 Arbodar Road; and Jackie McQuade, Chula Vista. Collectively they noted: they were not notified of meetings held by the Montgomery Planning Commission to building a Park and Recreation Center; opposed to project; main concern is that City will try to acquire their property; since down-zone from 15 units to three per acre, property has lowered in value; expressed fears of losin9 homes; requested that Council assure them the City will not try to acquire their property. Council assured the speakers that they would not evict residents for the purpose of purchasing property; al though, at any point in the future, as residents moved, the City would have an option to purchase at that time. There being no further public testimony, Mayor Pro Tempore declared the public hearing closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived, passed and approved (Mayor Cox absent). OTHER BUSINESS 17. Olb~L CO~I4UNICATIONS a. Jackie McQuade, 339 East J Street, Chula Vista approached Council regarding the letter submitted to Council requesting the City purchase property located on First Avenue and make it a part of Hill top Park. MSC (Nader/Malcolm) referred to staff for study and report (Mayor Cox absent). b. Timothy Keeram submitted a letter to Council regarding a remodeling at 172 Theresa Way. He noted there were doors installed in each of three bedrooms to be used for "patients" and questioned what was going on. MSC (Nader/Malcolm) referred to staff for report back. Staff to take immediate action if there are any violations going on {Mayor Cox absent). c. Std Morris, 862 Cedar Avenue, Chula Vista questioned the status of his property at 236 G Street, Chula Vista and specifically, asked what he could do with his property, MSC (Malcolm/Moore) staff to contact Mr. Morris to outline all his options and what the City is doing for property owners with similar concerns. A report of discussions that went on is to come back in Council's packet (Mayor Cox absent). Councilman Nader announced that Appropriate Technologies II, 1700 Maxwell Road, Chula Vista, will hold a Households Hazardous Waste Collection from 10 a.m. to 3 p.m. on September 23. Residents will be able to dispose of all potentially toxic products in their homes. Minutes - 6 - September 19, 1989 d. James Lovett, Bayscene Mobilehome Park, 100 Woodlawn #75, Chula Vista/~y~ noted that the City Attorney had addressed his one concern from last week's meeting dealing with the park owners pressuring residents to sign long term leases. The other issue, park owners raising the rent upon sale of the mobilehome, was not yet resolved. He requested that the City Attorney send a letter to the park owner advising him of the City's ordinance as it relates to sale of coaches and requesting the mobilehome owner's policy upon the sale of coaches. Councilman Malcolm noted that the Mobilhome Issues Committee voted to not include that in the ordinance (to raise the rent above the cost of living when someone moved out). Santa Barbara recently went to court on this issue and lost the case. Housing Coordinator Thompson explained that there are some factual differences between the City's ordinance and that of Santa Barbara so the City could take a more aggressive stance. The differences are that Santa Barbara has an absolute cap of 10% upon turnover and the City has no absolute cap. MSC (Malcolm/Nader) for a report back from the City Attorney as to potential issues of the City's ordinance and legalities (Mayor Cox absent). 18. ITEMS PULLED FROM THE CONSENT CALENDAR 5d. Request to reconsider earlier decision of Council regarding the zoning of the Sweetwater District property located at ll30 Fifth Avenue Anthony Trujillo, District Superintendent, ll30 Fifth Avenue, Chula Vista Kay Everitt, 469 Emerson Street, Chula Vista, noted she was here to speak in opposition to the letter requesting a rezoning. This matter has been heard before the Montgomery Planning Commission and the Planning Commission. Sweetwater Union High School District had ample time to air their views at these meetings. MSC (Malcolm/McCandliss) to deny the request (Mayor Cox absent). 5f. Request for waiver or a reduction of fees - Pastor Rick Johnson, Risen Savior Ev. Lutheran Church - 391 Bay Leaf Drive, Chula Vista 92010 Mr. Rick Johnson, Pastor, Risen Savior Lutheran Church, 391 Bay Leaf, Chula Vista, requested Council to waive the fees for building a Church at the east corner of Naples Court and Medical Center Drive. According to staff, they are liable for nearly $100,000 an acre in Development Impact Fees. He noted Risen Savior is not encouraging growth but responding to growth, and urged Council to refer this back to staff. MSC (Malcolm/Moore) to refer to staff. Council discussion followed with Council noting this should be referred to look at the impact of the fees to see if the fee is too large and if there should be a fee at all and what kind of impact it would have on the system; fees are not based on where people live but on traffic count, acreage, etc.; where is the money coming; where would the fees need to be increased; there has been a precedent set regarding fees; general policy has been to waive church fees in the past; need for a report on which fees should be raised; how is DIF computed for churches; is there a category for churches in DIF ordinance and how do we classify it. Minutes - 7 - September 19, 1989 Bud et Officer Byers responded that fees were based on commercial zoning and staff has learned that this area is the fees are not commercially zoned; based on the underlying zoning of the land as far as residential, commercial-industrial; the consul tant will be looking at the overall fee to see what the actual impact is. Director of Planning Kremple noted council has appointed a Church Task Force on the zoning issue; they will be providing Council with input on church standards and regulations. AMENDMENT TO MOTION (Nader/Malcolm) staff to come back with an amendment to the DIF ordinance that will provide a partial or full exemption for church and public services related uses regardless of zoning and that the matter be referred to the Church Task Force. Councilman Moore voiced his objection to the motion, noting that this is directing staff to reduce/eliminate the fee and Council does not know who will pay the difference; something has to be done in figuring out acreage, zoning and the fair share. CLARIFICATION OF MOTION Mayor Pro Tempore Nader clarified the motion noting this is to have staff come back with a proposed amendment to the ordinance which, if adopted, would partially exempt churches and other public service uses and Councilman Moore's concerns would be addressed in the staff report. City Manager Goss stated that staff could meet with representatives from the church and could come back with a report next week; it will take a longer time for staff and the Church Task Force to meet and come up with a policy referral. VOTE ON AMENDED MOTION The motion passed with Councilman Moore voting no (Mayor Cox absent). 5g. Request for study and action on rezoning of Lincoln South City Business Center - Larry H. Harmsen, Partner, Lincoln Property Company N.C., Inc., 30 Executive Park, Suite lO0, Irvine, CA 92714 Rex Hoover, Lincoln Property Company, 2260 Main Street., #F14, Chula Vista and Marc Weiss, Pacific Real Estate Group, 318 Fourth Avenue, Chula Vista addressed Council noting they were not after an entire fezone of the property, they are working to change the County zoning into City zoning . He asked if Council could set up a Task Force. MSC (Malcolm/Moore} to accept the staff recommendation to refer the matter to the Planning Commission and the Montgomery Planning Committee (Mayor Cox absent). 7. RESOLUTION 15309 CONSENTING TO TERMS OF ASSIGNMENT ASSUMPTION AGREEMENTS NUMBERS ONE AND TWO PROPOSED BY THE HOME DEPOT, INC. PURSUANT TO $4,400,000 AND ORIGINAL PRINCIPAL AHOUNT OF CHULA VISTA VARIABLE RATE DEMAND CHARTER CITY REVENUE BONDS (THE HOME DEPOT, INC. PROJECT), SERIES 1985 Minutes - 8 - September 19, 1989 In 1985 the City of Chula Vista issued variable rate revenue bonds in the amount of $4,400,000 in support of the construction of a Home Depot store in the Tetra Nova shopping center. Section 6.18 of the Loan Agreement for this bond issue requires the consent of the issuer, the trustee and the guarantor in connection with the sale or other disposition of the project. Home Depot intends to effect a corporate reorganization which would transfer assets to a holding company structure. Pursuant to the Loan Agreement requirements, the company is asking the City, as issuer of the bonds, to consent to the proposed transfer. (Acting Community Development Director) Councilman Malcolm questioned why the City is signing the tax exempt financing in amount of $4.4 million dollars with no fees charged. The private sector get fees and the City should use this opportunity to get additional funds for the City. He asked why we are not charging 1/2 of 1 point like any other institution would. Director of Finance Christopher responded that in the spirit of cooperation because the bonds were originally issued to entice Home Depot to come into the City, and there was a sales tax guarantee from Home Depot which was substantially exceeded, staff felt there was no risk being taken on. MOTION ltiil~'61m/Nader) to amend the resolution to charge one-half of one percent fee. In response to Council's concerns, City Manager Goss noted that Home e ~ not planning to move out of the City, they are looking for a site for g store in Chula Vista and the Home Deport in the Tetra Nova Center will stay there. Mayor Pro Tempore Nader asked Mr. Christopher if the agreement providing a revenue that must be provided even if the store would close down. Director Christopher responded that to his knowledge it does not, but it is for certain number of years and if the store closed or moved out of the City before that time, they would have to come up with that guaranteed amount. RESOLUTION AS AMENDED, OFFERED BY MAYOR PRO TEMPORE NADER, the reading of the text was waived, passed and approved (Mayor Cox absent). 12a. RESOLUTION 15310 REVISING CONDITION OF APPROVAL 1B(A) OF RESOLUTION 13173 (OTAY RIO BUSINESS PARK) b. RESOLUTION 15311 ACCEPTING GRANT OF EASEMENTS FOR DRAINAGE FACILITIES LAYING OUTSIDE THE BOUNDARIES OF CHULA VISTA TRACT NO. 87-6 c. RESOLUTION 15312 APPROVING THE AGREEMENT MADE TO SATISFY CERTAIN CONDITIONS OF APPROVAL OF TENTATIVE SUBDIVISION NAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT NO. 87-6 AND AUTHORIZING THE NAYOR TO EXECUTE SAID AGREEMENT Minutes - 9 - September 19, 1989 d. RESOLUTION 15313 APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 87-6, OTAY RIO BUSINESS PARK, UNIT NO. 1 ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS AND OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION MAP AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Revisions per Council's direction to Condition of Approval 15(A) of Resolution 13173 (Otay Rio Business Park), acceptance of grants of easements for drainage, approval of agreements to certain conditions of approval of tentative subdivision map and approval of final map and subdivision improvement agreement. (Director of Public Works) Mayor Pro Tempore Nader questioned staff as to what the City was giving the developer by modifying the conditions on traffic at the Otay Business Park. City Engineer Swanson explained that this is more consistent with the threshold standards. Under the modified condition, the requirement to widen the road will be close to the same time as the old terms. COUNCILMAN MALCOLM OFFERED RESOLUTIONS A, B, C, D. Mayor Pro Tempore Nader requested separate votes on the resolution, Council agreed. VOTE ON RESOLUTION B Ihe motion carried 4~0-1 (Mayor Cox absent). VOTE ON RESOLUTION A, C, D The motion carried 3-1-1 with Mayor Pro Tempore Nader voting no (Mayor Cox absent). 14. REPORT HERMOSA AND OPd~NGE AVENUE PARK CONCEPT PLANS Council approved an agreement with the landscape architectural firm, POD, Inc., to prepare a master plan for the proposed park site at Hermosa and Orange Avenues. (Director of Parks & Recreation) Councilwoman McCandliss noted the modifications to Alternative 4, and asked to include for future consideration, alternatives for the future location of a pool. MOTION '('F)~'dTF/McCandliss ) to approve the report with the addition of a referral on the question of alternative locations for a pool. Councilman Moore noted his concern that staff needs to provide low-cost sketches of locations. This would give Council a chance to list the pros and cons and rationale for why it should be there. He questioned locations for a pool, noting that it would not be feasible to locate a pool near a residential area. He encouraged staff to include sketches early in the stages of these plans. Minutes - 10 - September 19, 1989 VOTE ON MOTION The motion passed with Councilman Malcolm abstaining (Mayor Cox absent). Councilwoman McCandliss noted there should probably be a workshop looking for an alternative site. Councilman Moore noted another concern; the extended park to the other side, which was not addressed in the staff recommendation. In answer to Council's question, Director of Parks and Recreation Mollinedo responded that the SDG&E right-of-way was not included as the overall park site. The right-of-way would be used as part of the Hermosa/Orange Park site. FOLLOW-UP MOTION (Moore/McCandliss) when staff returns with open space zoning ordinance, they include areas they recommend would be under that open space ordinance in the beginning and list this area from Orange Avenue to Broadway between the mobilehome parks which has been fenced off. Councilwoman McCandliss clarified: that the right-of-way as stated in the staff report be eliminated from this park; and it be included in the list of sites for the open space overlay. Mr. Tony Castro, Montgomery Planning Committee, noted he had no problem with this. VOTE ON MOTION The motion carried 3-O-1-1 with Councilman Malcolm abstaining and Mayor Cox absent. City Manager Goss restated for staff's clarification: that the main intent was to give direction so that a Master Plan could be developed, that an intermediate step to formulate that Master Plan could be addressed in more detail. 19. CITY I~ANAGER'S REPORT(S) a. Scheduling of Council meetings o 1. Joint School Districts Meeting, October 2, 5:30 p.m. City Manager Goss noted Council had directed staff to set up separate meetings with the school districts and Otay Water District in conjunction with the Growth Management issue. He noted the other school districts are interested in sitting in on that meeting and asked if Council would rather meet with all three of them or separately. Councilman Moore stated that he wants to meet individually because he can see each entity having a different concern. Council concurred that they would rather have the joint meetings as set and meet separately to discuss the Growth Management issues. b. Regarding the workshop on Thursday, September 28 with the Metropolitan Sewer Task Force in San Diego, City Manager Goss urged Council to attend this meeting. Issues that will be discussed include the secondary treatment requirement for the Point Loma plant and governance of the Metro II Sewer System. The meeting will be held at the San Diego Convention Center at 4:00 p.m. Minutes - ll September 19, 1989 20. MAYOR'S REPORT(S) 21. COUNCIL CDMt4ENTS a. MSC (Malcolm/Moore) to approve the appointment of Jim Waller to the/Zm~ Safety Commission (Mayor Cox absent). b. MSC (Nader/Moore) to cancel the meeting of October 24, 1989 due to the League Conference (Mayor Cox absent). In answer to Councilman Moore's question, Council agreed not to hold a meeting on the fifth Tuesday of October. c. Councilman Moore noted the subcommittee met with representatives from 1SP'~ McMillin to review the zoning for the McMillin, East H Street Business Park site. He noted that rezoning might be pursued for the other half of the acreage if the site was used as an auto park. Councilwoman McCandliss stated she thinks there is a need to have a report come back outlining where the City stands with the auto park. The public has not been informed and they should have access to general information about the siting of the auto park and issues such as traffic, design and noise. MSC (Malcolm/McCandliss) have report come back (Mayor Cox absent). d. Councilman Malcolm asked for "generic" approval on supporting SB 1400. ~,~ MSC (Malcolm/Moore) to grant the Legislative Committee as part of the program to issue letters of support of any recycling bills that are pending for Governor's signature (Mayor Cox absent) e. Councilman Malcolm reported that Bayscene Mobilehome Park is having problems because of the length of time the opponents are in binding arbitration. The costs are extremely high for the park residents. MOTION lPF~l~'61m/Nader) refer this to the City Attorney for a report back to see if there is a reasonable period of time for presentations and if the other side takes an unusual length of time, they bear 100% of the additional costs. Mayor Pro Tempore asked if Councilman Malcolm would be willing to include in his motion a provision to the arbitration ordinance to authorize the arbitrators to not take time to listen to extraneous matter. Councilman Malcolm agreed to include this in the referral. VOTE ON MOTION The motion carried 4-0-1 (Mayor Cox absent). f. Councilman Malcolm mentioned a flyer he found on his car regarding auto parks that are supposed to go up on H Street. He noted again that neither he, nor Council would vote for a "mile of cars" and this information needs to disseminated to the public. Minutes - 12 - September 19, 1989 g. Councilman Malcolm asked to docket for the meeting next week discussion on noticing public hearings at 6:00 p.m. h. Councilman Malcolm stated he spoke to Mr. Willie Hotton, who has been given the run-around regarding a fence he put up to keep illegal dumping away from his home. He was sent to the City of San Diego since they have an easement there, received permission and put up the fence and was then told by the City of Chula Vista he could not put the fence up. He wants to know what he can or can't do. Councilman Malcolm asked staff to look into the matter to see if there was a solution to the issue. i. Councilwoman McCandliss asked that staff docket a report from the Mobilehome Relocation Task Force. There is a potential criteria for the selection of a mobilehome park that could be purchased by the City as a relocation park. She is interested in the criteria and would like it brought forward to Council for review. The City Council adjourned to Closed Session at 8:30 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 Properties/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. and; personnel issues. ADJOURNMENT AT 9:10 p.m. to the regular meeting of September 26, 1989 at 6:00 p.m. and to the joint meeting with Chul a Vista 2000 subcommittee on September 28, at 7:00 p.m. in the Council Conference Room Respectfully submitted, BEVERLY A. AUTHELET, CMC, CITY CLERK by: ~~c ~y All t