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HomeMy WebLinkAboutcc min 1990/05/15 MINlrl'ES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, May 15, 1990 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CAIL: PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox ALSO PRESENT: City Manager, John D. Goss; Assistant City Attorney, D. Richard Rudolf; and City Clerk, Beverly A. Authelet 2. PI.Rf~3E OF ~IJ.RG]ANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINLrrES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation - proclaiming the week of May 20th through May 26th as "NATIONAL PUBLIC WORKS WEEIC' was presented to John Lippitt, Director of Public Works. Mayor Cox stated the City of Chula Vista had one of the fmest Public Works Departments in the state. CONSENT CAI.ENDAR (Items pulled: 5c, 10, 11) BALANCE OF CONSENT CAt .RNDAR OFFERED BY COUNCILWOMAN MCCANDIdSS, reading of the texts was waived, passed and approved unanimously. 5. WRJ-FI~ COMIVIUNICATIONS: a. Regarding safety situations due to the rebuilding of Telegraph Conyon/Otay Lakes Road, Charles E. Nanz, President, Otay Lakes Lodge Mobilehome Owners' Association, 1925 Otay Lakes Road, Chula Vista, California 92010. Recommended that this request be referred to staff for report back to Council on viabflity of proposal. b. Request for traffic signs on Orange Avenue - Mrs. Mafia Fair, 1436 Hilltop Drive, # 12, Chula Vista, California 92011. Recommended that this item be referred to staff. c. Requesting City Council reconsider decision to remove eucalyptus trees in the Fort Apache area of Rohr Park - Diane Cousino, Director, Bonita Business and Professional Association, P. O. Box 284, Bonita, California 92002. Recommended that the City Council discuss the possibility of doeketing this matter for reconsideration and direct staff accordingly. Pulled from Consent Calendar Diane Cousino, 1660 Ithaca Street, Chula Vista, California 92013, representing the Bonita Business and Professional Association spoke in favor of the staff recommendation. She presented petitions requesting Council save the trees; and a report Bob Walton from Homestead Tree Service, which states the trees are healthy. Minutes Page 2 May 15, 1990 ) Maxine Clark, 1029 Calle Escerpade, Bonita, California 92002, spoke in support of the staff recommendation. She did not feel the community understood what was being done regarding the removal of the trees. Rodget Pierce, 4228 Acacia Avenue, Bonita, California, Concerned Citizens of Bonita spoke on behalf of the staff recommendation. He felt the Council decisions would impact Bonita more than it would Chula Vista and requested that the issue be sent to staff for coordination with the Sweetwater Planning Group. Jerry Foncerrada, Acting Director of Parks and Recreation, displayed the park rendering showing where the trees would be removed and ballfields constructed. He stated there will be a tree replacement program with larger trees, approximately 15-20 feet high. Two and one half acres of park area will result from the planned grading. Councilwoman McCandliss felt the City could achieve the goals of having ballfields, recreational improvements, and the thinning out of the trees, but at the same time preserve many of the trees. She stated there were professional differences regarding the health of the trees and the possibility of donated fill dirt. Until these issues were addressed, she did not feel Council had met their obligations. MS 0McCanclliss/Nader) to docket this item for reconsideration. Motion failed 2-3-0, with Councilmemben Malcolm/Moore and Mayor Cox voting no. Councilman Malcolm stated he wanted the two additional usable park acres and the additional 100 parking spaces included in phase I. Staff has assured him that trees will be replaced, on a tree for tree basis, with upgraded sizes. He did not want to reconsider this again, as it had been reconsidered at an earlier meeting. Councilman Nader felt Council should forego a portion of the grading, see if affordable fill dirt could be obtained, and obtain an additional opinion regarding the health of the trees. He felt when a community plan is instituted, it should be part of the consultant's contract to meet with the community regarding the study. 6. ORDINANCE 2370 AME/qDING CHAPTF..R 9.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DISCHARGE OF WEAPONS ('second readin~ and adoption) The proposed ordinance will effectuate the intent of Council to authorize the current level of seasonal duck hunting at the Lower Otay Reservoir subsequent to annexation by the City. It amends Chapter 9.36 by adding a section which specifically authorizes the discharge of weapons for that limited purpose in the specifically described area east of Wueste Road and west of the current waterline of the reservoir on its western edge from the city limits on the southern end to the southerly edge of Otay Lakes Road on the northern end. Staff recommends Counc~ place ordinance on second reading and adoption. (City Manager) 7. RESOLUTION 15619 RATIFYING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND COMMUNITY CAKE NETWORK FOR THE PROVISION OF A HEALTH CARE PROVIDER NF. TWORK UNDF. R ~ HIGH OPTION - JOHN HANCOCK HEALTH PLAN - This resolution formalizes an arrangement between the City of Ghula Vista and the Community Care Network for the PPO network. Staff recommends approval of the resolution. (Directorof Personnel) /3q,~(,, 8. RESOLUTION 15620 P,A:IIFYING VARIOUS AGD~.MENTS BETWEEN THE ta-tY OF CHULA VISTA AND SIXTEEN HE. ALTH CARE PROVIDERS FOR MF/)ICA[VHOSPITAL SERVICES UNDER THE SRI .E-CF PLAN - JOHN HANCOCK - This resolution ratifies sixteen agreements for discounted medical/hospital services to Minutes Page 3 May 15, 1990 City employees enrolled in the Select Plan. Staff recommends approval of the resolution. (Director of Personnel) 13q..l ) 9. RESOLUTION 15621 ACCEPTING CONTRACT WORK FOR TIIE REMODRI-ING OF WOODLAWN COMMUNITY (I/4TER AT 115 SPRUCE ROAD, CHULA VISTA, CALIFORNIA- On 11/7/89, Council awarded a contract to Adams Builders, Inc. for the remodeling of the Woodlawn Community Center at llS Spruce Road, Chula Vista, Calffomia. The work is now complete, and a final inspection of this project was made by the Fire Department on 4/18/90 and by the Building and Housing Depamnent on 4/26/90. All work was found to be acceptable and in accordance with conu'act plans and specifications. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLLrFION 15622 APPROVING FIRST AMENDMENT TO A AGI~RRMENT WITH SHLrrE, MIHALY AND WEINBERGER TO PROVIDE CONSULTANT SERVICES TO RgVILrV~ PROPOSAL BY SDGIE FOR A POWF_~ PLANT IN ClRJLA VISTA AND APPROPRIATING FUNDS FOR PREVIOUSLY COMPLRTED CONTRACT SERVICES - The first amendment gives detail clarifying the tasks performed by outside legal counsel in the SDG&E NOI proceeding, as requested by Counc~. The resolution also appropriates the Cit-y's half of the funding for the legal analysis previously completed by the ruth. Staff recommends approval of the resolution. (Assistant City Attorney and Deputy City Manager) PuLled from Consent Calendar /.~.~ Council adjourned to closed session to discuss Resolution 15622 at 10:50 p.m. and reconvened at 11:00 p.m. MS(] (lVlcCandliss/Nader) to approve Resolution 15622 and authorize the City Attorney to negotiate the additional language. Motion carried 3-2-0 with Counc~members Moore/Malcolm voting no. MSUC (Cox/McCandliss) to appropriate $5,000 to pay for the old conu-act services. 11. REPORT ON SEWER FACILITIES PARTICIPAIION FEES AND DEVELOPMENT IMPACT FF_F_~ REFUND REQUEST BY DOROTHY E. KRACK - (continued from 5/8/90) Within the time span that Dorothy Krack, owner of the property at 1128 Tobias Drive, applied for a building permit and when it was issued, the Sewer Facilities Participation Fee had been increased from $600 to $2,000. Also, Development Impact Fees were put into effect adding another $1,047 to her building permit. Ms. Krack believes that the City took an inordinate amount of time to process and approve her plans. Staff recommends Council accept the report and deny the request for refund. (Director of Public Works) Pulled from Consent Calendar . ~ ~q30 MSUC (Malcolm/McCandliss) (regarding Item 11 ) to direct City kttorney to bring back to Council whatever appropriate ordinances are necessary to allow Council flexibility, if they choose, and to notify appropriate parities, at the earliest poss~le convenience, when those ordinances wffi come into effect to allow the Council to proceed. 12. REPORT SCRIPPS MEMORIAL HOSPITAL REQIJKS~ TO CONDUCT A 10K RACE, ONE-MILE FUN RUN AND FOUR-MILE STRIDE - Scripps Memorial Hospital is requesting permission to conduct a 10K race, a four-mile stride, and a one-mile fun run on Saturday, dune 16, 19%. Staff recommends Council approve the request subject to staff conditions. (Acting Director of Parks and Recreation) / ~Ig~ / * * END OF CONSENT CALENDAR * * Minutes Page 4 May 1S, 1990 ) PUBLIC HEARINGS AND RRIATI~D RESOLUTIONS AND ORDINAN~-~ 13. PUBLIC HEARiNG PCZ-90-I-M: CITY INITIATED PROPOSAL TO REZONE CERTAIN TERRITORY, GENERAILY BOUNDED BY WALNUT D RIVE, MAIN STREET, PALM DRIVE, AND THE AUTUMN IqllJ_c; CONDOMINIUM PROJECT FROM ITS ejHY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO t2'llr CLASSIFICATIONS LFI1LIZK-r) THROUGHOUT CHULA VISTA - In all cases, the proposed zone amendments will convert city-adopted county zoning to equivalent city zoning without adversely impacting the development capability of the properties. Staff recommends Council place ordinance on first reading. (Director of Planning) / 79~ ~ This being the time and place as advertised, the public hearing was declared open. A review of the project was given by Tony Latterri, Consultant for the project. Dan Pass, Principal Planner, outlined the process for the special study area. He stated it would commence next fiscal year and would be an inter-departmental approach. The northerly portion of the site is under municipal ownership, all other property owners will be contacted. The full report will go to the Montgomery Planning Committee for public hearings, to the Planning Commission, and to Council. Mayor Cox questioned why the property on the north side of Walnut Drive is in the special study area. He felt the street could not be realigned, or eliminated, to the extent that a park area could be tied in with the operation of Woodlawn Park Community Center. Mr. Larterci responded the zoning implementation program was leaving the area alone. The Montgomery Specific Plan already has that designation. Staff feels they will have to come back, as dictated by the plan, with further analysis. Mr. Pass stated staff was concerned about the three parcels, and that was why they were included in the special study area. There being no public comments, the public hearing was declared closed. Councilman Malcolm stated the City had made a major financial commitment to help improve the Montgomery area, and he did not feel that allowing much smaller lots was a way of doing this. The area is currently surrounded by R-1 zoning, and he could not support the recommendation by staff. Councilwoman McCandliss expressed her concerns over the ability of a homeowner to rebuild if their existing structure was destroyed. Assistant City Attorney Rudolf responded the ordinance states, if a certain percentage of the home was destroyed, the owner could rebuild to the existing use and continue the non-conforming use. If the home was totally destroyed, the owner would have to ask for a variance, or conform with existing zoning. Mr. Pass stated the Council could place a P-Modifier, which would stipulate that lots of 12,000 sq. ft. or less could not be subdivided without going to the Planning Commission and City Council. Councilman Nader questioned whether Council was required to allow a home owner to build on his property if the prior structure was destroyed, i.e. variance, or the City purchase the property. Minutes Page 5 May 15, 1990 Assistant City Attorney Rudolf replied they would have to be given the opportunity for reasonable economic USe. ORDINANCE 2371 REZONING CERTAIN TERRITORY, GENERALLY BOUNDED BY WALNUT DRIVE, MAIN b'rREET, PALM DRIVE, AND AUTUMN HILLS CONDOMINIUM PROJECT FROM ITS CITY- ADOPTED COUNTY ZONE CLASSIFICATIONS UTILIZED THROUGHOUT CHULA VISTA [first reading) / 8~ ORDINANCE 2371 OI'IzERED FOR FIRST READING BY MAYOR COX, reading of tixe ten was waived, motion failed 2-3-0 with Councilmembers McCandlisso Malcolm and Nader voting no. Mr. Pass felt that Councilwoman McCandliss' concerns could be addressed by zoning R-l-7 and amending the P-Modifying District as it applies to the area. The provision would be irrespective of the size of the lot. In the event of desumction of a single family dwelling, it would allow the rebuilding of a single family residence on the site. M (McCandliss) to modify Ordinance 2371. Motion died for lack of second. Councilman Malcolm questioned whether the Council wanted to refer the R-3-P7 and R-1-6P zoning back m the Montgomery Planning Committee. He felt there should be some control on what could be rebuilt. MSUC (Malcolm/Moore) to continue the public hearing, refer back to the Montgomel? Planning Commi[lze~ for review. Councilwoman McCandliss requested that staff and the Montgomery Planning Committee look at the possibility of designating some areas for R-1-P6 with other areas designated as standard R-l-7, or if not, look at the generalized zoning m allow people to rebuild. She also expressed concern over land splits. Mayor Cox requested a report from the City Manager, next week, on the intersection of Otay Valley Road and Main Street as it relates to Maple. He would like to see the City start the process of designing, or redesigning, the streets in order to utilize the county parcel directly opposite the Woodlawn Park Community Center. MSUC (Cox/Moore) direct staff to reevaluate the county owned parcd as it relates to the Woodlawn Park CornmklFlity CenteF arid come back with recommendations for usage of the parcd. This is also be referred back to the Montgomery Planning Committee and Parks and Recreation Comrnlttee. 14.A. PUBLIC HEARING PCC-90-25M: APPEAL OF PLANNING COMMISSIONS DENIAL OF CONDITIONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAY EQUITIES LTD. (continued from 5/8/90 at the request of the applicant) Staff recommends denial of the appeal of PCC-90-25M. (Director of Planning) B. PUBLIC HEARING PCC-87-39M: APPEAL OF CHIJLA VISTA PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT - REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAY EQUITIES LTD. (continued from 5/8/90 at the request of the applicant) Staff recommends denial of the appeal of PCC-87-39M. (Director of Planning) Robert Leirer, Director of Planning, presented the staff report. This being the time and place as advertised, the Mayor declared the public hearing open. Minutes Page 6 May 1S, 1990 ) Councilwoman McCandliss noted the special report was to have come back to Council in approximately eighteen months. Due to the issue of electromagnetic radiation from the transmission lines, it would appear the study will take an additional eighteen months. She questioned what staffs recommendation would be. Mr. Leiter informed Council that the original specific plan use for the SDG&E easement was for open space for recreational type of uses. Since the issue of electromagnetic radiation hazard has arisen, there is a concern about designating it for long-term recreational uses. The purpose for the additional time would be to allow for studies conducted at State-wide levels to be completed in order to get a better idea of the hazards, if any. Councilwoman McCandliss stated the RV owners should be given immediate notice, so at the end of the year/eighteen months, they would have adequate time to relocate. She questioned whether staff had any additional recommended conditions. Mr. Leiter stated any additional enforcement would have to be from City staff actually going out and monitoring the conditions of enforcement. The Council could consider some sort of monitoring program where there would be periodic checks as to the compliance with conditions, to be paid for by the applicant. This would be similar to the Mitigation Monitoring and Environmental Review. Tom Beaty, 148S Broadway, Chula Vista, California 92011, representing Broadway Equities Ltd., stated they had spent in excess of $10 million dollars to build the auto center and mini-storage facility and approximately $350,000 was spent to improve the RV storage facility. This included approximately $140,000 spent for the improvements required by the Council in 1988. At the time the Conditional Use Permit was granted, it was their understanding that the permit was for eighteen months or until the special studies were completed. All conditions at this point have been completed and were substantially completed in October ') of 1989. The only two items at that time not completed was a small portion of the screening fence around the properly; areas between the Orange Tree Mobile Home Park RV storage, as well as areas abutting other existing properties and buildings. He urged the Council to approve the Conditional Use Permit, or at least allow them to stay for a minimum of two years until the special study is completed, so that a determination could be made for the ultimate use of the open SDG&E property that they have improved. Councilwoman McCandliss questioned whether the RV space renters were notified they would have eighteen months to remain at this location. Mr. Beaty replied all renters had been notified by letter and the response was panic. Eric Larson, 1485 Broadway, Chula Vista, California 92011, Manager for Broadway Palomar Self Storage and Broadway Palomar RV Storage, stated he receives two calls per day from the public inquiring about the storage facility. He also stated the facility receives numerous compliments regarding the landscaping, and noted the employees are often picking up trash on the empty lot. David Barrett, 1404 Broadway, Chula Vista, California 92011, requested the storage facility be allowed to stay. He felt they have been good neighbors and have improved the property. Robert Kolodney, 11975 Camino Real, San Diego, California 92014, representing Broadway Equities, stated Mr. Beaty had apologized for the delays, spent $340,000 for improvements on the facility, and felt every element necessary for a Conditional Use Permit existed in this situation. The Permit would not be detrimental to the health, safety, welfare of the persons working around the facility, affect the General Plan of the City, and would provide a desired service to the community. He and his client had left the July 1988 meeting believing the applicant had the right to stay until the special study was completed. He felt all the Code requirements had been satisfied and that a Conditional Use Permit should be granted. They were Minutes Page 7 May 1S, 1990 willing to come back in a couple of years when the special study is completed. If the Permit was granted, eonditioned upon some additional landscaping and more permanent screening, in light of the applieanes $300,000 expenditure on a 2S-year license, he might consider that, Bob Greenwald, 1409 Broadway, #103, Chula Vista, California 92011, owner of Greenwald Auto Repair stated several business in the automotive center use the lot to store customer vehicles overnight, He noted that when the Permit was before the Montgomery Planning Committee, no one spoke against it, but it was still turned down. He questioned the possible use if the Permit was denied. Lee Wheeland, 1630 Walnut Drive, Chula Vista, California 92011, representative from the Montgomery Planning Committee, stated several members had spoken against the Permit, One main concern was the illegal use, and the promise of improvements was not fulfllled. The Committee did not want to give them another chance, and she noted there were many storage areas in the Montgomery area. Councilman Malcolm responded he would only consider an extension on a thirty-day basis on condition that additional improvements be put in. According to his information, the applicant was trying m sell the property, Nancy Palmet, 971 Fourth Avenue, Chula Vista, California 92011, gave a slide presentation and informed Council they were trying to overcome a long history of abuse and neglect in the area. There being no further public testimony, the Public Hearing was declared closed. Mayor Cox stated Council had given Mr. Beary sixty days to complete the improvements and it was not done. He questioned why it was August of 1989 before it was brought to the Montgomery Planning Committee, Mr. Leirer stated it was approximately one year before staff became aware of the non-compliance. The City does not have a proactive enforcement program, and normally staff is notified by complaints being flied. Mayor Cox expressed his concern that if the Permit was denied, there would be a reversion of the landscaping that is there. He stated his preference for the property would be an open space corridor, but until a special study is completed, he did not feel the City had anything to gain by not allowing the existing use to remain, He suggested the use be allowed to continue for a period of twenty-four months, in hopes the special study would be done in eighteen months, If this is allowed, he would want to see a requirement in all leases that the use is only permitted for a period of twenty-four months. Mr. Leirer stated it was his understanding that the concern over electromagnetic radiation has reached State level, where they have commissioned research studies which will not be completed for at least eighteen months. Until those are completed, it was staffs opinion that long-term land use decisions should not be made in those areas. Councilwoman MeCandliss stated the easement across the street was not being maintained. She expressed her concern over lack of an initial evaluation to see if the original conditions had been met. She stated the conditions were placed as temporary solutions to an illegal use, but until there is some decision as to what the land use should be, it is difficult to have them leave, Councilman Nader stated that if the use is continued, he was uncomfortable with a fixed twenty-four month period. It should be extended on the premise that the land use be allowed until the study is done, and nothing over ten feet should be stored. Minutes Page 8 May 15, 1990 RESOLUTION 15589 DENYING APPEAL FROM PLANNING COMMISSION REVOCATION OF CONDITIONAL USE PERMIT PCC-87-39M AND TO DENY APPEAL OF CONDITIONAL USE PERMIT PCC-90- 2SM REGARDING AN R.V. STORAGE FACILITY AT 1375 BROADWAY - BROADWAY EQUITIES LTD. MSUC (Cox/Malcolm) to deny the appeal of the revocation of Conditional Use Permit M (Cox) to continue the public hearing, and direct staff to come back with a resolution granting the Conditional Use Permit subject to conditions. Motion died for lack of second. Councilman Malcolm questioned the cost ro plan, and get ready, a four and one-half acre, green open space. Jerry Foncerada, Acting Director of Parks and Recreation, estimated the cost to be between $100,000 and $125,000 per acre to plant. Councilman Malcolm wanted to see a $10,000 to $20,000 fee attached as a mitigation fee in order to allow the continued usage of the property. The fee would then go to the Montgomery Park Fund to be spent in the area to develop open space and to improve the area. If staff conditions were attached, have them comply with the ordinance regarding what kind of uses are going to be there, and get full compliance with some kind of mitigation fee for the area, he would be willing to support moving forward until the special study is back from staff. Mayor Cox stated SDG&E had previously agreed to put in improvements on the opposite side of the street, and he was not sure what priority this item was. He felt if SDG&E would move forward with those improvements, Counc~ could, as a condition of approval, require the applicant to landscape the area directly across the street. Councilman Malcolm expressed his concern regarding the maintenance and felt the mitigation fee would be something to be sent back to the Montgomery Planning Committee. He wanted to keep the money designated for a park fund, let the community group decide what to do with it, and come back to Council with recommendations. MSUC e¢lalcolm/Moore) refer back to staff for proper mitigations and for a proper mitigation fee. Assistant City Attorney Rudolf informed Council there were several legal questions. He noted SDG&E had agreed to make improvements across the street, and they have not been done. Since the SDG&E representative was present, he questioned what their intent was, and if necessary, address the legal issue of whether SDG&E needs to be made a co-applicant with the applicant, with regard to the Conditional Use Permit, since they are the owners of the property. Pat Barnes, SDG&E representative, agreed they have been working on prioritizing a list, but she was unaware of where this project was on the list. She stated it was the first she had heard about the agreement for improvements. Councilwoman McCandliss stated staff could go back to the tape of the meeting to check. OTHER BUSINESS 15. ORAL COMMUNICATIONS Minutes Page 9 May 15, 1990 Noelle Battrick, 70 El Capitan Drive, Chula Vista, California, 92011 recommended speed changes on Telegraph Canyon Road. The stretch of road between Hilltop Drive and "L' Street has become a speedway and she felt the City Engineer should review the area and speed limits. She expressed her concern regarding lack of notification on the Sun-up Vista tentative map which was reviewed by Council at their May 8, 1990 meeting. / MSUC (CoX/McCandliss) to refer the concerns regarding Telegraph Canyon Road to staff and Safety Commission and to make sure she is notified when the item is to come up for discussloth Assistant City Attorney Rudolf stated there was no legal requirement stating that when a public hearing is continued that the public be renoticed. He felt the issue was not legal, but of policy. City Manager Goss stated that Council should not have to give that direction each time, but it should automatically be done. He stated he would check to see what had gone wrong with the procedure. MSC (McCandliss/Malcolm) refer to staff for an informational report, approvad 4-0-0-1 with Councilman Moore abstaining. Marc ICryjewsld, 1647 Connoley Avenue, Chula Vista, Califomia 92011, expressed his concerns over the park located on Connoley Avenue and Connoley Court. He stated his residence is adjacent to the park and noted there has been numerous problems for which he has had to contact the police department. He requested that the park be reviewed, given better patrolling and signage. He stated that if the City can not control the park, he would request it be abandoned and the property put up for auction. MSUC (Malcohn/Nader) due to possible gang problems, refer the issue to staff and the crime suppression unit for review. 16, ITEMS pDl.l.~r~ FROM THE CONSENT CALENDAR (Items pulled: 5c, 10, and 11) Minutes reflect the published agenda order. 17. CITY MANAGERS REPORT(S) a. Scheduling of Meetings - Redevelopment Agency meeting for Thursday is not scheduled unless Council continues over items from tonights meeting. b. Received population estimates from State Department of Finance, and they are slightly less than those projected by the Planning Department. The estimate for January 1, 1990 was 131,603 and the City has moved from the 23rd largest city in the State to the 22nd. The growth rate is 2.93% which is consistent with the growth rate of the City over the past several years. 18. MAYORS REPORT(S) a. Appointment of Youth Commission Members - Heather Carranza, Allison Du Rette, Tara W~liams, Nancy Yamada, Joel Kodicek, and Deric Prescott / =2~ ~ MSUC (Cox/Moore) to appoint the above to the Youth Commission. Minutes Page 10 May 15, 1990 b. Council had requested, in the past, to have staff design the median island landscaping from Telegraph Canyon Road from 1-805 to Paseo Del Rey. Due to EastLake and Sunbow improvements he hoped the City could do these improvements in conjunction with these projects, or on a reimbursement basis. MSUC (Cox/Moore) to refer this item to staff for a brief written report as to where the landscaping project currently stands between 1-805 and Paseo Del Rey or where staff feels the City's obligation is. 19. COUNCIL COMMENTS a. Councilman Nader: Felt it would be appropriate to set a public hearing on the proposed rate increase for wash. It would also be an opportunity to inform the public that the City is going to work with the wash collection franchisee to develop programs such as recycling, which would reduce the need for pass through costs of this nature. M (Nader) to schedule a public heating for the pass through rate increase for trash. Motion dled for lack of second. Felt Council should take action in suppor~ of the City of E1 Cajon and their position regarding the spraying of Malathion. Noticed flagrant abuse of the candidate sign ordinance. If staff feels that the ordinance is not enforceable, and the signs can not be taken down, there should be an agenda item to repeal it. Councilman Malcolm complimented Mr. Bates and Mr. Peace for following the sign ordinance. b. Councilman Malcolm: Has been contacted by several parents regarding pornographic magazines on display at local stores. It was his intent to see if the City could prohibit the graphic portion of the cover from being on display. He requested the City Attorney bring back a report addressing this issue. Requested a report on the Malathion spraying for the next City Council meeting, and how the City could take a position on the spraying throughout San Diego. Stated Resolution 15622 0tem 10) should be discussed in open session, and he felt the public had a right to hear the discussion. He requested the City Attorney to prepare a report on the recording of closed session meetings. c. Councilwoman McCandliss: Informed the Council that Mex-fly waps have been placed in the City. She expressed her concern over the lack of control by the local jurisdictions regarding the spraying. She requested an analysis or review of what the procedure is, if the City is placed in the position such as El Cajon, to know what recourse there is. This information is to be included in the report requested by Councilman Malcolm. ADJOURNMENT Minutes Page 11 May 15, 1990 The City Council adjourned to a Redevelopment Agency Meeting immediately following the Council meeting and then adjourn to a closed session at 11:30 p.m. to discuss: Potential acquisition of the following property: East H Street - Paseo Del Rey and Tierra Del Rey {Rancho Del Rey Partnership, owner) Instruction to negotiators pursuant to Government Code Section 54956.8: potential franchise for cable television - Jones Intercable ADJOURNMENT AT 12:00 A.M. to the Regular City Council Meeting on May 22, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Depu~)~ity Clerk