Loading...
HomeMy WebLinkAboutcc min 1990/11/13 MINUTES OF A REG~ IVIEETING OF THE CITY OF CI-flJLA VISTA Tuesday, November 13, 1990 Council Chambers 6:00 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers McCandliss, Moore, Nader, and Mayor Cox ABSENT: Councilman Malcolm ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityAttorney; and Beverly A. Authelet, City Clerk 2. PIJ{nGE OF AIJ.~GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: October 2, 9, 16, and 18, 1990 MSC (McCandlissAVloore) to approve the minutes of October 2, 9, 16 and 18, 1990 as presented, approved 4-0-1 with Councilman Malcolm absent. 4. SPECIAL ORDERS OF THE DAY: a. Presentation by Chula Vista Live Steamers - Ace Wischstadt, Business Manager, presented Mayor Cox with Honorary Membership in the CVLS for his support and participation. b, Presentation regarding Arturo Barrios/Chula Vista Harbor Invitational - Tim Murphy, Elite Racing, informed Council that the race was held on October 21st and would by broadcast on ESPN. c. Oath of office administered to Ted Hillick - Charter Review Committee by City Clerk Authelet. CONSENT CALENDAR (Items pulled: 8, 9, 11, 15A, 15B, 16A, 16B, and 25) BALANCE OF THE CONSENT CAI .RNDAR OFFERED BY COUNCILMAN MOORE, reading of the text was waived, approved 4-O-1 with Councilman Malcolm absent. Item #26 is continued indefinitely. 5. 1NKI'FI'EN COMMUNICATIONS: a. Request for stop light and crosswalk at Telegraph Canyon Road and Hilltop - Cory English, 22 E1 Capitan Drive, Chula Vista, California. Recommended that the request be referred to staff and the Safety Commission for study and report back to Council. 6. ORDINANCE 2415 AMENDING SECTION 3.44.150 OF THE MUNICIPAL CODE TO PROVIDE FOR A MANDATORY VOTE LIPON AN ABATEMENT OF THE El ,ECTRIC USER'S OR GAS USER'S TAX SUCH Minutes November 13, 1990 Page 2 AS TO PERMIT AN ACTUAL TAX RATE IN EXCESS OF TIlE CURRENT MAXIMUM (second reading and adoption) -At the 10/25/90 meeting, Council adopted an ordinance that would operate to increase the Electric User's Tax and Gas User's Tax Rates by the cost of living index for the San Diego Area, subject to annual tax abatement hearings. Council directed the City Attorney to return with an amendment that would require that if Council elected not to abate the full amount of such taxes imposed by this ordinance down to the 1990 maximum rates, before any lesser abatement could go into effect, the lesser abatement would have to be approved by the voters upon a majorit~ vote. Staff recommends Council place ordinance on second reading and adoption. (City Ar~orney) dgq~ .3 City Manager Goss recommended that Council continue Ordinance 2415 for one week to allow staff to draft a position on the ordinance since Proposition 136 was defeated on 11/6/90. MSC (Cox/McCandliss) to continue Ordinance 2415 for one week. Approved 3-1-1 with Councilman Nader voting no and Councilman Malcolm absent. 7. ORDINANGE 2412 ADOPTINGPCZ-91-BREZONING0.1SACRESLOCATEDAT245'E'STREET TO C-O (second readin~ and adoption) - This is a proposal to fezone a 0.15 acre single family lot at 245 Street from R-1 Single Family Residential to C-O Administrative and Professional Office. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) /'+vV y 8. ORDINANCE 2417 AMENDING SECTION 2.16.060 OF THE MUNICIPAL CODE EXPANDING TFlE SIZE OF THE PARKS AND RECRF~TION COMMISSION FROM FIVE TO SEVEN MEMBERS (fLrst reading) - Staff recommends Council place ordinance on first reading. (City Attorney) Pulled from Consent Calendar. I V~ ~$ 5 Mayor Cox stated the ordinance had been revised, the two additional terms will expire June, 1991 and June, 1994. The 1991 expiration would be allowed two additional appointments and the 1994 appointment would be allowed one additional appointment. ORDINANCE 2417, AS AMENDED, PLACED ON FIRST RFJ~ING BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. 9. ORDINANCE 2418 ESTABLISHING THE MONTGOMERY PLANNING CO1V[M]'I'I'EE (first reading)- (Mayor Cox) Pulled from Consent Calendar. Councilman Nader stated he would support the proposed ordinance but wanted to make it clear that he felt it was an interim measure because the ordinance called for an appointed planning group. There is an active referral to staff regarding neighborhood planning groups and when this comes back to Council, he would expect the process of choosing committees to come back to Council for discussion. ORDINANCE 2418 pLd~CRB ON FIRST READING, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. MSC (Cox/McCandliss) to continue the meeting past 10:30 p.m. in order to consider the remaining items on the agenda. Approved 4-0-1 with Councilman Malcolm absent. Minutes November 13, 1990 Page 3 ~10.A. RESOLUTION 15924 INTENTION TO AMEND THE CONTRACT BETWEEN THE CITY AND THE PUBLIC EMPLOYEES RETIREIMENT SYSTEM (PERS) BOARD OF ADMINISTRATION - Staff recommends approval of the resolution. (Director of Personnel) B. RESOLUTION 15925 ALrI'HORIZING THE MAYOR TO SIGN AGRF. RMENT AUTHORIZING BF. IEASE OF 1959 SL1RVIVOR BENEFITS, ASSETS AND LIABILITIES INTO THE THIRD LEVEL 1959 SURVIVOR BET POOL - Staff recommends approval of the resolution. (Director of Personnel) C. ORDINANCE 2419 AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE PEPS BOARD OF ADMINISTRATION (first read/nl~) - Staff recommends Council place ordinance on first reading. (Director of Personnel) 11. RESOLIJTION 15922 ACCEPTINGTHERESULTSOFAMAIL-INEt.ECTIONHELDONNOVEMBER 9, 1990 ADOPTING NEGATIVE DECLARATION FOR IS-90-32 -The City Clerk's office conducted a mail-in election on 10/9/90 for the parcel owners of the Bonita Ridge Estates No. 2. Open Space District No. 4 for the purpose of obtaining authorization for the City to sell open space property deemed eligible for sale under the City Grading Deviation Policy. Staff recommends that Council accept the results of the mail-in election, adopt Negative Declaration, and direct staff to obtain an independent consultant to appraise the value of land to be sold. (Director of Parks and Recreation) Continued from 11/6/90 meeting. Pulled from Consent Calendar. 2err/Foncerrada, Parks Superintendent, gave a brief overview of the history of the encroachment. Cliffon Reed, 357 Third Avenue, Chula Vista, California, representing Mr. & Mrs. William Scholtens, spoke in support of the staff recommendations. He stated that Mr. Scholten was not responsible for the original grading and was not aware that the pad was not part of the legal lot. Mr. Scholten did have the plot plan for the pool approved by the City and it was only when a survey was done in order to build a deck, did they find that half of the pool was not on their property. He felt that Mr. Scholten was a victim and should not be penalized, therefore, they requested favorable consideration from the Council. Councilman Nader stated he did not like the existing policy on selling public open space. He was convinced by Mr. Reed's letter and the staff report that it was not intentional, therefore it was an appropriate exception. RESOLUTION 15922 OM~ERED BY MAYOR COX, reading of the text was waived. Mr. Foncerrada stated that the Building and Housing Department is requiring pool companies and property owners to submit boundary markers and access to the property when applying for permits. Councilman Moore felt there should be additional checks and balances and that this information should be computerized. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. MSC (Nader, q~Ioore) to bring back the issue of a computerized n'acking program for a verbal report to Council. Approved 4-0-1 with Councilman Malcolm absent. MSC 0VlcCandliss/Nader) to bring back the Grading Deviation Policy for Council review. Staff report is to include how often used, how many times used, etc. Approved 4-0-1 with Councilman Malcolm absent. Minutes November 13, 1990 Page 4 12.A. RESOLUTION 15926 APPROVING A THREE PARTY AGPAf. EMF2,FF WITH THE DEVF~OPER OF THE C-DEL MAR SUBDM SION, SODTH BAY PIONEFAtS AND THE CITY TO PROVIDE FOR ~ DESIGN AND CONSTRUCTION OF FLrLL WIDTH 1MPROVFAMFJ,~ IN 'C' STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRRF. MF2qF - Staff recommends approval of the resolution. (Director of Public Works) B. RESOLUTION 15927 APPROVING THE TRANSFER OF $160,000 TRANSNET FUNDS FROM CIP PROJECTF ST102 STREET RECONSTRUCTION BROADWAY AVENUE, 'L' STREET TO NAPLES STREET TO CIP PRO2ECT ST411 S'TREET IMPROVEMENT, 'C' STREET W/O DEL MAR; AND THE TRANSFER OF $160,000 GAS TAX FUNDS FROM (lIP PROJECT ST411 STREET IMPROVEMEaNT, 'C' STRFAiT W/O DEL MAR TO CaP PROJECT ST102 STREET RECONSTRUCTION, BROADWAY AVENUE, ~.' STREET TO NAPLES STRF~T - Staff recommends approval of the resolution. (Director of Public Works) C. RESOLUTION 15928 APPROVING FINAL MAP AND SUBDMSION IMPROVEIVlENT AGREKMENrF AND ALrPrIOPdZ1NG THE MAYOR TO EXECUTE SAID AGREEMFANT FOR CHULA VISTA TRACT 88-9, C-DEL MAR SUBDM SION - Staff recommends approval of the resolution. (Director of Public Works) 13. RESO1.LrFION 15929 APPROPRIATING $8,510 TO P/ROVIDE TRAFF1C IMPROVEMF2qTS ON BONITA/ROAD BF. TINF~2q 1-805 AND PLAZA P, ONITA ROAD - Staff is requesting approval of a minor traffic improvement project on Bonita/Road east of I~805 to provide better guidance to westbound motorists through the interchange. CalTrans, who has jurisdiction of the subject location, has reviewed the project and has agreed to issue a construction permit. The proposed traffic improvement project will enhance traffic safety and facilitate westbound traffic flow on Bonita Road and Interstate 805, Staff recommends approval of the resolution. (Director of Public Works) 4/5's vote required. 14. RESOLUTION 15930 APPROVING AG.REF2VlF3qT WITH RNL I~LAN FOR THE PROVISION OF A MASTER PLAN FOR A NEW CITY CORPORATION YARD AND AMENDING TI-IE FISCAL YFAR BUDGET AND APPROPRIATING FUNDS -Staff recommends approval of the resolution. (Director of Public Works) 4/S's vote required. / ~ ~/5 ~ 15.A. RESOLUTION 15931 APPROVING FINAL MAP AND SUBDM S1ON IMPROVEMENT AGREEMENT FOR FJ~STLAKE GREENS UNIT 7 - Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar. }~e{e~7 -/~V58 -/~'5~ Councilwoman McCandliss questioned why the City was rejecting open space lots at this time. John Lippitt, Director of Public Works, responded that the lots in EastLake are predominately maintained by the Horncowherds Association. The reason for dedicating the open space to the City is so that if the HomeowneFs Association disbands or it is not kept up, the City will have the option to accept the lots. Councilman Nader questioned what impact there would be if the lots were rejected tonight and whether actual open space would be lost. He wanted assurance that the lots would stay open space in perpetuity and that by rejecting them at this time Council would not put the open space in jeopardy. He questioned whether this item could be continued to another meeting in order to have his concerns addressed. Mr. Lippitt responded that these are basically the slopes and property owners would have to obtain a plan approval in order to incorporate them into their lots. They are currently shown as open space on the maps. Minutes November 13, 1990 Page 5 City Attorney Boogaard stated it was his understanding that it would not change the open space characteristics of the lots. Robert Leiter, Director of Planning, stated he would have to research the files for the actual approval date of the tentative map and the Subdivision Map Act regarding mandatory time requirements. Councilman Nader requested that the item be trailed until later in the meeting so staff could obtain information regarding the time requirements. Mr. Leiter stated the tentative map had been approved in July, 1989 with a ,two year time frame. Therefore there is no immediate concern over violating the SubdMsion Map Act. The applicant does have several specific concerns and clarifications they would like to present to Council. City Attorney Boogaard questioned whether it had been verified that there wa~ no cable conduit in the streets owned by Jones Intercable. Mr. Lippitt responded that it had been verified. Steve Vannatta, 101 State Place, Escondido, California, Vice President, Lane-Kuhn Pacific Homes, stated the slopes are manufactured at a two to one ratio. They are being dedicated as permanent open space to the Homeownees Association. They are attempting to get the map recorded in order to preserve their water allocation with the Otay Valley Water District and felt there would be a financial impact if the issue was continued. RESOLUTIONS 15931 AND 15932 OFFERED BY MAYOR COX, reading of the text was waived. Councilman Nader stated he had voted against the EastLake Greens tentative map due to issues such as: land use plan, parks, golf course, environmental impacts, and the exemption from the Growth Management program and he could not support approving further final maps. He would prefer setting a public hearing to reconsider the entire land use scheme on the project. He felt there should be a three week delay to allow the new Council to consider this item. SUBSTITUTE MOTION: (Nader) to postpone this item for three weeks. Motion failed for lack of second. Councilwoman McCandliss stated she had several concerns regarding the project but that it had been approved and been through the process and felt it was a point of integrity at this time. Councilman Nader responded that the General Plan revision under which the tentative map was approved was contingent upon completion of a Growth Management Plan under which this plan would be subjected. The plan had not been completed and in the meantime, the majority of the Council voted to exempt the project from whatever Growth Management Plan is eventually implemented. He felt it took the project out of compliance with the General Plan and it was grounds for voting no. VOTE ON RESOLUTIONS 15931 AND 15932: approved 3d-1 with Councilman Nader voting no and Councilman Malcolm absent. B. RESOLUTION 15932 APPROVING SUPPLEMENTAL AGREEMENT FOR EASTLAKE GP, EF2qS UNIT 7 - Staff recommends approval of the resolufio.n. (Director of Public Works) Pulled from Consent Calendar. Minutes November 13, 1990 Page 6 16.A. RESOLLrHON 15933 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGREEMENT FOR EASTLAKE GREENS UNIT 17 - Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar. /~/~q,o -/~'t/, / RESOLUTIONS 15933 AND 15934 OFg BY MAYOR COX, reading of the text was waived, passed and approved 3-14 with Councilman Nader voting no and Councilman MalcoLm absent. B. RESOLUTION 15934 APPROVING SUPPLEMENTAL AGREEMENT FOR EASTLAKE GREENS UNIT 17- Staff recommends approval of the resolution. (Director of Public Works) Pulled from Consent Calendar. 17. RESOLUTION 15935 ACCEPTING BIDS AND AWARDING IANDSCAPE MAINrI'ENANCE CO~CT FOR OPEN SPACE D1STRICrS 3, 8, 10, 11, 15 AND 18 AND .FASTLAKE MAINTFJ~ANCE DISTRiCE 1 - Bids were received and opened for landscape maintenance service for Open Space Districts 3, 8, 10, 11, 15, 18, and EastLake Maintenance District 1. Staff recommends approval of the resolution. (Director of Finance) Iq~6 ,? 18. RESOLUTION 15936 ACCEPTING BIDS AND AWARDING CONTRACt FOR PURCHASE OF MICROCOMPUTERS AND MISCELLANEOUS RELATED EQUIPMENT - Bids were received and opened f'or the purchase of microcomputers and miscellaneous related equipment for use city wide. The equipment was approved in FY 90-91 budget. Staff recommends approval of the resolution. (Director of Finance)/f-~,'6 f~ 19. RESOLUTION 15937 ACCEPTING BIDS AND AWARDING CONTRACE FOR PURCH/L~;E OF COMPUTER TAPE DRIVES AND DATA LINK PROCESSOR - Bids were received and opened for the purchase of two computer tape drives and one data link processor for use with the new Unisys mainframe. The low bid meets specifications and is acceptable to the Data Processing Manager. Staff recommends approval of the resolution. (Director of Finance) /~V{, 5 20.A. RESOLUTION 15938 INCREASING TI IE SALARY OF THE MAYOR AND COUNCIL - The resolution will increase the Mayor's salary by the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumers Price Index. it will also have the effect of increasing the other Councilpersons salary because their salary is prescribed to be 40% of the Mayoes compensation. Mayor recommends approval of the resolution. (Mayor Cox) /qtg~ ~ B. RESOLUTION 15939 INCRF~SING THE MAYOR'S EXPENSE ALLOWANCE FROM $300 TO 15400 PER MONTH - Mayor recommends approval of the resolution. (Mayor Cox) 19tl67 C. RESOLUTION 15940 ESTABLISHINGAFORMULAMONTHLYEXPENSEALLOWANCEPAYMENT FOR COUNCILPERSONS (OTHER THAN MAYOR) KI' FORTY PERCENT OF THE MAYOR EXPENSE ALLOWANCE - The resolution establishes a formula monthly expense allowance payment for Councilpersons (other than the Mayor) at 40% of the Mayor Expense Allowance. Mayor recommends approval of the resolution. (Mayor Cox) ~qyt~ a~ 21. RESOLUTION 15941 APPROVING THE MASTF. R PLAN FOR GREG ROGERS PARK AND ADOPTING THE NEGATIVE DECLARATION FOR IS-90-51 - Since October of last year, the Department has been working with the architectural firm of Gillespie/DeLorenzo and Associates to design a Master Plan for Greg Rogers Park. The Master Plan was financed by the Great American Development Company as a Minutes November 13, 1990 Page 7 condition of approval of the Tentative Subdivision Map for Rancho del Sur, Chula Vista Tract 87-8. In addition to financing preparation of the plan, the developer will make $100,000 of improvement to the park, per the Sunbow Public Facilities Plan approved by Council on 2/20/90. These improvements shall be consistent with the Master Plan. Staff recommends approval of the resolution and adoption of the Negative Declaration for IS-90-51. (Director of Parks and Recreafion) Continue to meeting ofll/20/90. 22. RESOLUTION 15942 THIRD MODIFICATIONS TO THE AGI~FRMENT BETWEEN THE CITY OF CHULA VISTA, ROBERT BEIN, W1H.IAM FROST AND ASSOCIATES AND BALDWIN VISTA ASSOCiATES, L.P. - The City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch Project. Additional work has been requested of RBF (and JHK and Associates as sub-contractors to RBF) over and above the original scope of work. Staff recommends approval of the resolution. (Deputy City Manager Krempl) ~V~ 7O 23. RESOLUTION 15943 APPROPRIATING FUNDS FOR ENVIRONIVIENTAL REVIEW SERVICES OF MARYANN MJI.I.ER FOR REPLACEMENT TIME OF THE ENVIRONMENTAL REVIEW COORDINATOR - The City has entered into an Memorandum of Understanding with San Diego County for the preparation of development plans and environmental documents for the Otay Ranch Project. Since the City's Environmental Review Coordinator is having to spend more than time than originally expected, it is necessary to appropriate additional funds for this project. Staff recommends approval of the resolution. (Director of Planning) 4/5's vote required. I'vqT/ 24.A. RF)ORT PLAN OF ACTION TO AI J.bTV3ATE PROBLEM IN CONNEI J .y QRCLE M1NL PARK - At the 5/15/90 Council meeting, Mr. Kryjewski of 1647 Connelly Circle appeared before Council during oral communications and requested assistance to alleviate problems occurring at the mini-park at Connelly Circle and Connelly Avenue. Staff recommends that Council accept the report and approve the resolution. (Director of Parks and Recreation) 1~,~7~ B. RESOLUTION 15944 APPROVING A QUIT CLAIM DEED TO CORRECT PROPERTY BOUNDARY DISCREPANCY /~'4 73 25. REPORT ON THE PROPOSED WALKWAY BETWEEN THE PEDESTRIAN SIGNAL ON HILLTOP DRIVE AND THE SCHOOL PROPERTY OF LOMA VERDE ELEMENTARy - Council directed staff to investigate request for an all-weather walkway from the pedestrian school crosswalk on Hilltop to the back part of the school site across the SDG&E easement. Staff recommends that Council deny the request. (Director of Public Works) Pulled from Consent Calendar. )q¥7F Mary Haymes, 1423 Eckman, Chula Vista, California, spoke against the staff recommendations and questioned the placement of the all weather surface crosswalk on Hilltop Drive to the back of Loma Verde School. Councilman Nader questioned whether the item was referred to the Safety Commission. John Lippitt, Director of Public Works, responded that the walkway had been referred to the Parks and Recreation Commission. MSC (Cox/McC. andliss) direct staff to put in the all weather surface crosswalL Approved 4-0-1 with Counc~man Malcolm absent. Minutes November 13, 1990 Page 8 26. REPORT ON USE OF COUNCIL CHAMBERS BY SCHOOL DISTRICT - (Assistant City Manager) Continue indefinitely, ILtq 75 * * END OF CONSENT CALENDAR * * PUBLIC FIEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The City Council and the Redevelopmerit Agency met jointly at 6:30 p.m. A Chula Vista Planning Commission meeting was held concurrently. All members of the Redevelopmerit Agency were present except for Member Malcolm. Mayor Cox informed the public that a Spanish translator was available during the public hearing. City Attorney Boogaard asked whether any member of the City Council/Redevelopment Agency felt they had a conflict of interest regarding the Southwest Redevelopmerit Project Area. Councilman Nader did not feel there was a conflict of interest, but that legally, due to the proximity of his home within 300 feet of one of the redevelopmerit parcels there was a conflict. If the Council would bifurcate the issue he would participate, if not he would leave during the hearing. City Attorney Boogaard responded that it was staffs judgement that the boundary line issue was logically capable of bifurcation, but at the workshop and at this meeting because the Council/Agency is dealing with decisions that will affect all aspects of what has been determined to be the project area, it is his opinion that it would be inappropriate to bifurcate. Councilman Nader felt there was an understanding that all items would be agendized as bifurcated so that he could participate. Initially when the project was proposed, nothing that close to his home was in the project. At a later date a discontigious parcel (auto dealership) was added to the area. He acquiesced to the addition with the understanding that the matter could and would be bifurcated so he could address such issues as involuntary condemnation of homes of senior citizens and environmental issues. He did not see any reason why the discontigious parcel could not have been established as a separate redevelopment project area. He also noted that Council had been given the EIR for the project tonight and asked to take action. No Councilmember had time to read the Final EIR and compare it to the Draft EIR and did not feel it appropriate to take action. Councilwoman McCandliss stated she did not understand why it would be inappropriate to bifurcate tonight. She felt assurances had been made to Councilman Nader that he would be able to participate. City Attonqey Boogaard stated it was his and staffs understanding that after the boundary line bifurcaflons occurred and the boundary lines were established that any subsequent decisions would impact the entire project area and would no longer be logical to bifurcate. It is no longer logical to separate because the property tax and tax sharing agreements are cumulative taxing distributions. The effect of the environmental consequences once the project area was established could be bifurcated. It was his impression that Council understood this. Councilman Nader did not feel that was the understanding and left the chambers during the public hearing. City Attorney Boogaard stated that issues raised by Councilman Nader have been incorporated into the final document. Minutes November 13, 1990 Page 9 Councilwoman McCandliss questioned whether the validity of the hearing would be challenged if it was assumed that the environmental impacts, as found in the report, applied to the larger section of the disttict and would also apply to the bifurcated section of the district. City Attorney Boogaard responded that it would not jeopardize the public hearing, but would place Councilman Nader to a potential conflict of interest. The FPPC rules clearly state 300 feet from a project boundary is a prohibited distance. Doug Reid, Environmental Review Coordinator, ~tated CEQA applies to projects as the whole of the action, therefore a project cannot be divided into pieces. 27. PUBLIC HEARING JOINT PUBLIC HEARING ON THE FINAL FIR AND REDE'VELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROjECT AItE~ This being the time and place as advertised, the public hearing was declared open. Mayor Cox informed the public that the purpose of the joint public hearing was to consider and act upon the proposed Redevelopment Plan for the Southwest Redevelopment Project and the final Environmenta] Impact Report on the Redevelopment Plan. City Attorney Boogaard requested that the following documents be entered into the record: 1) Exhibit "A" - the affidavit of publication of Notice of the Public Hearing; 2) Exhibit ~B" - the certificate of mailing of Notice of Public Hearing to each property owner in the Project Area as shown on the last equalized assessment roll; and 3) Exhibit "C" - the certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Area. Mayor Cox stated the State Law under which the hearing was being held was Part 1 of Division 24 of the Health and Safety Code, commencing with Section 33000, (Commonly referred to as the "California Redevelopmerit Law') and the California Environmental Quality Act (commonly referred to as "CEQA"), commending with Section 21000 of the Public Resources Code. The joint hearing is on both the Redevelopment Plan and Final Environmental Impact Report and he requested those making comments make it clear as to which item they were addressing. Agency Attorney Boogaard stated that evidence introduced for consideration by the Council and Agency in connection with certain findings and determinations that will be made with respect to the Ordinance adopting the Plan. The findings and derern~inations are set forth in Section 33367 of the Health and Safety Code. Councilwoman McCandliss stated that at least two members of the Council, while leaving the door open regarding eminent domain, have stated that should only be utilized as "last resort". Agency Attorney Boogaard responded that it had been the policy of the Agency that eminent domain be a maker of last resort. The City has always followed the legal requirements and negotiated in good faith well before any taking. The direction given to staff by the Agency limits eminent domain and to exclude from areas residentiaIiy zoned with residential uses. The Plan provides for eminent domain with the approval of the property owner. Chris Solomone, Director of Community Development, gave a brief overview of the reasons for the proposed Redevelopment Plan. Minutes November 13, 1990 Page 10 Frank Spevacek, Rosenow Spevacek Group, Inc., summarized the contents of the Agency Report to the City Council, which is the basic supporting documentation for the Redevelopment Plan. Two recommendations were made by the Project Area Committee: 1) add to the section of goals which states whenever possible or to the extent as possible as law allows that jobs created by the Redevelopmerit projects be held for preference on hiring Chula Vista residents; and 2) add to the language on land uses - salt production as it currently exists and is allowed under the local coastal plan would be allowed as a use once the project area is formed. Mayor Cox questioned whether there was a legal impediment to the recommendation regarding the preference of hiring Chula Vista residents. Agency Attorney Boogaard responded there was a legal question bur that his office was evaluating alternatives to see what could be done to create economic incentives that would advantage local residents without violating constraints of the federal constitution. A report will be presented to Council at a later date for review. Councilman Moore questioned whether all the taxing agencies were within San Diego County_. Mr. Spevacek responded that they were all within the County and included the County of San Diego, four school districts, County Office of Education, and the Metropolitan Water District. Mr. Salomone stated the reason the taxing agencies were willing to enter into taxing agreements is because the City will be addressing staff time and energy into escalating the growth rate in those areas. They will continue to get what they are currently getting along with a 2% escalator and after that is when the increment is split. Agency Attorney Boogaard requested that Exhibit "D" - Agency Report to the City Council be made part of the record. John Bridges, Cotton Beland & Associates, referenced a letter received from Pacific Scene regarding the Environmental Impact Report. They are a property owner within the project area and pointed out that during the EIR process the City did approve a zone change and general plan amendment for approximately twelve acres, from Industrial to Commercial. The overall effect of the change did not impact the EIR. Every comment received is addressed in the EIR. Agency Attorney Boogaard requested that Exhibit bE" - Final Environmental Impact Report be made part of the record. Mr. Spevacek gave a brief summary of the Redevelopment Plan and projects included within the plan and associated costs. Agency Attorney Boogaard stated it was important to note that the adopted Plan would have no direct impact, or increase on any persons property tax. This is a diversion of property tax dollars that are already being paid. There will be no new property tax increase due to the adoption of the Plan. He requested that Exhibit 'H" - Redevelopment Plan for the Southwest Redevelopment Project and Exhibit "1" - Preliminary Report be made pan of the record. Lance Abbott, Community Development Specialist, summarized the written comments received on the P~edevelopment Plan and/or Report from: 1) Ms. Dessic Jackson, Barberville, Kentucky, stating she was opposed to any changes that would affect her property; and 2) Mr. and Mrs. Bernier Jr., Haron, Montana~ Minutes November 13, 1990 Page 11 stating their opposition to relocation and eminent domain. Both parties will be contacted by staff regarding their concerns. Agency Attorney Boogaard stated that responses were received from all taxing agencies and were addressed by the Tax Sharing Agreements. He requested that the Exhibit U" - Tax Sharing Agreements and Exhibit "IC -Public Communications concerning the Plan be made part of the record. Due to the written communications received, the ordinance will have to be deferred by seven days. The Joint City Council/Redevelopment Agency meeting recessed at 8:20 p.m. and reconvened at 8:28 p.m. Mayor Cox stated that comments would be heard in "favor" of the Redevelopment Plan or Environmental Impact Report. There being no comments, those in "opposition" were be heard. Antonio Castro, 158 Zenith, Chula Vista, California, felt natural atlrition would take care of many of the infrastructure improvements that would have to be made. He questioned how municipal improvements had been built as a result of monies taken in through other redevelopment projects, i.e. schools, libraries, etc. He also questioned how much of the 40% would be used on infrastructure improvements or low interest rates loans to developers wanting to build in those areas. He stated there would be reassessments to those properties with new improvements. Mayor Cox responded that a reassessment would be for any property with improvements with or without a Redevelopment Disnrict. The proceeds from the taxes on the Bayfront were utilized for the assemblage of land and for the Nature Interpretative Center. Redevelopment Agency funds are also being utilized for Memorial Park. Mr. Abbott replied that natural attrition would not take care of the infrastructure improvements because public funds would not be available for improvements of streets and other public improvements. Regarding an assessment district, there will be funds coming back to the Redevelopment Agency for improvements without a raise in taxes to the property owners. Fees for building and construction will not go up, fees levied on development would remain the same in the project area. It is possible that a portion of the 20% set-aside could be used for loans to developers that would contribute to the stock of low/rood housing. The primary use has been for individual loans to people wanting to improve their properties within the area. John W. Stump, 2413 Shamrock, San Diego, California, representing Otay Land Investment Corporation, expressed his concern over the narrow width of the redevelopment area along Main Street to Zenith. If Main Street is widened, it would result in a short lot that would require a non-conforming use. He felt this would preclude the use of the property and that it would be a "taking". He questioned whether they would be allowed to use Redevelopment funds to rehabilitate the thirty-three housing units on the southwest corner of Main and Seventh, which would be a non-conforming use, under the Owners Participation Program. Agency Attorney Boogaard responded that if the development is entirely within the Project Area, they have the owner participation right to have their proposed project reviewed by the Redevelopment Agency. Carlos Flores, Rosenow Spevacek Group, Inc., replied that the non-conforming use could not be expanded, but could be improved by continuing the use at its present size. Loans could be requested from the Agency for rehabilitation as long as the size or number of units were not increased. The Redevelopment Plan authorizes the Agency to allow an existing use to remain in the project area if it is a non-conforming use. Mr. Stump questioned, given the current zoning, what type of building or use would be permitted on the northern side of Main Street, between Main Street and the alley. Minutes November 13, 1990 Page 12 Mr. Salemone responded that staff would address Mr. Srump's concerns at the next meeting. Charles Abennathy, 766 Beech, Chula Vista, California, stated he was not for or against the Plan but questioned how the money would be raised. Mayor Cox responded that the property taxes would not be affected by the creation of the Redevelopment District. There being no further public testimony, the joint City Council/Redevelopment Agency public hearing was declared closed. Chairman Cox explained that the Agency would now consider action on the Redevelopment Plan and Final EIR. A. RESOLUTION 1129 APPROVING'I}HIFINALOWNERPARTICIPATIONRULES, HNALMETHOD OF RELOCATI ON AND AGFJqCY REPORT TO THE CITY COUNCIL FOR 'H-Hi SOUTHWEST REDEVF~LOPMF/qT PROJECT ARF~ (Agency) Chairman Cox explained that prior to proceeding with the public hearing on the Redevelopmerit Plan and Final EIR, the Agency must first consider the Owner Participation Rules, the Method of Relocation, the Agency Report to the Council on the Redevelopmerit Plan and a Resolution authorizing the use of the 20% housing monies in the City of Chula Vista. RESOLUTION 1129 OFFERED BY CHAIRMAN COX, reading of the text was waived, passed and approved 3-0,2 with Members Malcolm and Nader absenL B. RESOLUTION 1130 FINDING THAT THE USE OF TAXES ALLOCATED FROM THE SOUTHWEST REDEVELOPlv'IENT PROJECT AREA FOR THE PURPOSE OF HOUSING OUTSIDE OF TI-Hi PROJECT AREA ~/ll,,h BI~ li}l~ BRNIU~IT TO TletR PR~'T - RESOLUTION 1130 OFFERED BY CHAIRMAN COX, reading of the text was waived. Member McCandliss questioned why it had been designated that it would be used within the District and the City of Chula Vista without a specific formula for the allocations~ Chris Salemone, Director of Community Development, replied that one of the tasks of the Blue Ribbon Committee on Housing is to establish policies and programs that will implement low and moderate income housing throughout the entire city. The 20% housing set-aside is one of the few exceptions in the law where the money can be used outside of the District, city-wide, and the intent was not to preclude that option~ AMENDMENT TO RESOLUTION 1130: CMcCandliss/Cox) to include the statement 'that while the use of the 20% set~aside can be used throughout the city, priority be given to projects within the District'. Approved 3-0-2 with Members Malcolm and Nader absent. VOTE ON RESOLUTION 1130 AS AMENDED: approved 3-0-2 with Members Malcolm and Nader absent. C. RESOLUTION 15945 FINDINGTHATTHEUSEOFTAXESAIZOCATEDFROMTHESOLVHqW~ST REDEVELOPIVIFJqT PROJECT AREA FOR THE PUlLDOSE OF HOUSING OLFFSIDE OF THE PROJECT AREA WILL BE OF BMT TO THE PROJECT - Nounell) Minutes November 13, 1990 Page 13 MSC (IVlcCandliss/Cox) to amend Resolution 15945 to state 'that while the 20°6 set-aside could be used in the District or the City of Chula Vista, that priority be given to projects within the District'. Approved 3-0.2 with Councilmen Malcolm and Nader absent. RESOLLrHON 15945, AS AMENDED, OFFERED BY COUNCILWOMAN MCCANDL1SS, reading of the text was waived, passed and approved 3-0.2 with Councilmen Malcolm and Nader absent. D. RESOLUTION 1131 APPROVING AND RECOMMENDING CERTIFICATION BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF THE FINAL F2qVIRONMF3XFFAL IMPACT REPORT ON THE REDEVELOPMF2N1T PLAN FOR THE SOLrI'HlgEST REDEVELOPMENT PROJECT AREA - (Agency) RESOLUTION 1131 OFHeJ1ED BY CHAIRMAN COX, reading of the text was waived, passed and approved 3-0-2 with Members Malcolm and Nader absent. E. RESOLUTION 1132 APPROVING THE PROPOSED REDEVELOPMENT PLAN FOR THE SOUTHIA/EST REDEVELOP1VIENT PROJECT AREA AND RECOMMFIqDING ADOPTION OF THE, REDEVELOPMENT PLAN BY THE CHULA VISTA CITY COUNCIL - (Agency) RESOLUTION 1132 OFFERED BY CHAIRMAN COX, reading of the text was waived. Member McCandliss felt this was a positive step for the area and noted the protection added by Council regarding eminent domain. Agency Attorney Boogaard stated two written objections had been received and law required that if there were written objections, the Agency must delay introduction until a response is made. Ms. Bernier's objection was that she did not want her property affected and after review it was felt that hers was not a legally adequate objection. He then asked if Ms. Bernlet would reconsider her objection. Mr. Flores stated that because Ms. Bernier's property was residential, it would be exempt from those items she had objected to. Ms. Bernlet responded that she would withdraw her objection. Agency Attorney Boogaard stated it was his opinion that the ordinance could be offered tonight with second reading at a meeting in which Councilwoman McCandliss would be in attendance. VOTE ON MOTION: approved 3-0.2 with Members Malcolm and Nader absent. ADJOURNMENT OF THE REDEVELOPMENT AGENCY MEETING AT 9:00 P.M. AND RECONVENING OF THE CITY COUNCIL MEETING. F. RESOLLFHON 15946 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT 01IR-90-08) ON THE REDEVELOPMF2qT PLAN FOR THE SOLFllJWEST REDEVELOPMENT PROJECT AREA, CITY OF CHULA VISTA - (Council) RESOLUTION 15946 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2 with Councilmembers Malcolm and Nader absent, G. ORDINANCE 2420 APPROVING AND ADOPTING THE CHULAVISTA REDEVELOPlVIENT PLAN AND PROJECT AREA FOR THE SOUTH'WEST REDEVELOPMENT PROJECT (first reading) * (Council) Minutes November 13, 1990 Page 14 City Attorney Boogaard stated that due to the oral objections given in testimony, there should be a motion to overrule objections. MSC (Cox/Moore) to overrule oral objections gqven during the public heating. Approved 3-02 with Councilmembers Malcolm and Nader absent. City Attorney Boogaard stated it was his opinion that Council could now place Ordinance 2420 on first reading~ ORDINANCE 2420 pLp, tTF. D ON FIRST READING BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2 with Councilmembers Malcolm and Nader absent. Mayor Cox stated the second reading of Ordinance 2420 would be at a special meeting to be held on Tuesday, November 27th at 4:00 p.m. in the City Council Chambers. 28. PUBLIC .HFARING PCZ-90-Q-M: CITY-INITIATED PROPOSAL TO REZONE CERTAIN TERRITORY, GENERALLY BOUNDED BY PALOMAR STREET WEST OF BROADWAY TO THE NORTH, THE SOUTHERN CITY BOUNDARY TO THE SOUTH, INDUSTRIAL BOULEVARD TO THE WEST AND A LINE GENERALLY FATENDING FROM THE POWER 'EASEMENT EAST OF BROADWAY TO 4TH AVENUE AND BEYER WAY TO TIqE EAST, FROM THEIR CITY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICAn.]ONS UTILIZED THROUGHOUT CHULA VISTA, SHORT FORM OF TITLE OR PROPOSAL: HARBORSIDE 'B' PART II, REZONING -In all cases, the proposed zone amendments are the best attempt to convert city-adopted county zoning to equivalent city zoning, keeping in mind consistency with existing land uses, without adversely impacting development capability of the properties. Staff recommends Council place ordinance on first reading. (Director of Planning) /qt/7~; This being the time and place as advertised, the public hearing was declared open. Tony Lattieri, staff consultant, gave a brief overview of the proposal, land use designations, and staff recommendations. The proposals have gone before the Montgomery Planning Committee and Planning Commission and were approved by both unanimously. Paul Tamayo, 1716 Broadway, Chula Vista, California, representing Otay Farms Market, questioned the proposed zone classifications for his property. Mr. Lattieri responded that it was recommended that there be no change until further study. The Montgomery Specific Plan does designated the area as industrial. Staff will have to go back before the Montgomery Planning Committee, Planning Commission and Council to resolve the inconsistency. Luis Hernandez, Assistant Planner, replied that Mr. Tamayo would have to go through the process of amending the Montgomery Specific Plan which could take anywhere from six months to one year prior to the development or expansion of the property. Staff has been working with Hector Tamayo regarding these procedures. Robert Leiter, Director of Planning, stated it is one of a number of special studies that must be completed for the implementation of the Montgomery Specific Plan. Staff can look at this particular study, prioritize it and work with the applicant to work through as quicldy as possible. This is the last of the rezoning hearings and the next phase will be the special studies. Staff can respond on this item' within the next several weeks. Minutes November 13, 1990 Page 15 There being no further public testimony, the public hearing was declared closed. ORDINANCE 2421 REZONING PCZ-90-Q-M first reading) ORDINANCE 2421 PLAGED ON FIRST READING BY MAYOR COX, reading of the text was waived, passed m~d approved 4-001 with Councilman Malcolm absent. MSC 0qader/Cox) to direct staff to expedite the special study for the area including Mr. Tamayo's property m~d return to staff on December 24, 1990. Approved 4-001 with Counc~man Malcolm absent. 29.A. PUBLIC HEARING PCZ-89-M: REQLIEST TO PREZON1NG ll.7ACRES LOCATED SOLrHfERLY OF LYNNDAKE LANE, NORTHERLY OF EAST 'H' STREET, AND EASTERLY OF THE 1-805 FREEWAY TO R-E- P - CAMEO DEVELOPMF2qT COMPANY -Staff recommends approval of the resolution. (Director of Planning) Mayor Cox stated public hearings PCZ-89-M and PCS-90-06 would be held simultaneously. This being the time and place as advertised, the public hearing was declared open. Frank Herrera, Associate Planner, reviewed the request for prezoning by Cameo Development Company. The Planning Commission denied the request on a 3-1 vote. Staff is recommending approval in accordance with the conditions listed in the staff report. Councilman Moore stated the previous vote of the Planning Commission had been 4-1 in favor of the prezone. Martin Kolkey, 5125 Convoy Street, San Diego, California, representing Cameo Development, spoke in favor of the staff recommendations. He stated that the proposal was a redesign of a previous request that had been denied by Council. They have worked closely with the staff in order to meet the concerns expressed by Council at the previous hearing. Councilwoman McCandliss questioned whether the driveways of the two "flag" shaped lots would accommodate emergency vehicles. Mr. Kolk~y responded that the lots encompass a turn-around for off street parking. Lots 3, 8 and 12 also have additional off street parking. Judy Basante, 3112 Lynndale Lane, Chula Vista, California, stated she had previously appeared before Council in opposition to the proposal due to the access and the driveway of her home. Due to changes in the plans and sensitivity to their concerns, they would not oppose the project any longer. There being no further public testimony, the public hearing was declared closed. Councilwoman McCandliss felt this was a far superior plan and was a project she could approve. ORDINANCE 2422 PREZONINGll.7ACRESLOCATEDSOLrFHOFLYNNDALELANE-PCZ-89- M ORDINANCE 2422 PLACED ON FIRST READING BY COUNCILWOMAN MCCANDLISS, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. Minutes November 13, 1990 Page 16 B. PUBLICHEARING PCS-90-06: REQb'ESTTOSLIBD~DEll.YACRESKNOWNASLyNNDALE HILLS, CHISLA VISTA TRACT 90-06, INTO FOURTEEN SINGLE FAMILY DETACHF/) LOTS AND ONE OPEN SPACE LOT - CAMEO DEVELOP .MFANIT COMPANY - Staff recommends approval of the resolution. (Director of Planning) /~/'t~ t RESOLUTION 15948 APPROVING PCS-90-06 RESOLUTION 15948 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absenL OTHER BUSINESS 30. ORAL COMMIlNICATIONS 30a. James D. Fergus, 1071 Jacqueline Way, Chula Vista, California, representing the Starlight Yule Parade, stated the City was requesting $2 million of liability insurance for the parade. The estimated cost of the additional $1 million dollars would be approximately $3,000 to $3,S00. They would therefore request that this come back to Council next week where they would officially request a waiver of the additional $1 million requirement. 'lqq EL~ MS (Cox/McCandliss) to refer to staff for a verbal report on next weeks agenda. Councilwoman McCandliss requested that the report address the need for the $2 million liability insurance. Mr. Fergus stated the City accepted $1 million of liability for last years parade. City Attorney Boogaard stated the Municipal Code prohibited consideration of this item unless posted seventy-two hours prior or unless an emergency situation occurs. Diana Levin, Risk Manager, stated the Downtown Business Association provided $1 million of liability insurance as did the J.C.'s. Councilman Nader requested that staff meet with Mr. Fergus prior to next week's meeting to review the contents of the verbal report to Council so he would be prepared to respond. Mayor Cox stated that would be included in the motion. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. 30b. Patrick Barajas, 375 "J" Street, Chula Vista, California, expressed his concern over the aircraft flying over Chula Vista and the South Bay. He has tried to obtain information regarding these aircraft but has been unable to do so. He also questioned whether the South Bay Power Plant was being monitored for what was being burned. / t/%g 3 City Manager Goss replied that the City does not monitor them but information is received from SDG&E and the Air Pollution Control District. Minutes November 13, 1990 Page 17 Mr. Barajas questioned whether street construction was being monitored. He felt the temporary work done between Sth and Broadway was inadequate. He expressed his concern over the "J" Street Trolley crossing also. Councilman Nader felt staff should contact the appropriate federal authorities regarding the aircraft. He also felt that the information report on the South Bay Power Plant should include recommendations on what actions Council could take regarding this issue. MS (CoX/Moore) to refer these items to staff for an information report back to Council. Mr. Barajas is to receive a copy of the report: AMENDMENT TO MOTION: (Nader/Moore) to ask staff for a full report, agenda statement, and recommendations on SDG&E for appropriate action. Approved 4-0-1 with Councilman Malcolm absent. VOTE ON MOTION AS AMENDED: approved 4-0-1 with Councilman Malcolm absent. 30c. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, congratulated Gayle McCandliss, Jerry Rindone, and Leonard Moore on their election. He stated that he had not complained about sewer, water or gas lines in the mobile home park. The park residents are now instituting a law suit against the park owners. 31. ITEMS PLII.I.RD FROM THE CONSENT CALENDAR (Itemspulled: 8, 9, 11, 15AandB, 16AandB, and 25) The minutes will reflect the published agenda order. 32. CITY MANAGER'S REPORT(S) a. Advised Council that Item #21, regarding Greg Rogers Park, had been placed incorrectly on the agenda and requested that it be reconsidered and continued for one week. Five hundred notices had been mailed notifying people that it would be on next week's agenda. MSC (Nader/Moore) to reconsider Item #21 and continue for one week for public input. Approved 4-0d with Councilman Malcolm absent. b. Due to the regular quarterly schedule, there is a Council tour scheduled for Saturday, December 1st and requested input as to what Council would like to see as there are no hold-over items ticore previous tours. Councilman Moore felt the tour should be taken and the newly elected Councilman should be invited to attend. 33. MAYOR'S REPORT(S) a. Designation of City Coordinator of the Anniversary of the Voyages of Christopher Colurnbns in 1992. MSC (Cox/McCandliss) to refer to staff to designate the appropriate staff liaison. Approved 4-0-1 with Councilman Malcolm absent. Iq~/8 q' Minutes November 13, 1990 Page 18 Councilman Nader stated it was not his intent in voting/'or this item that a large amourit of staff time be dedicated to the project. b. Formation of Auto Park Ad Hoc Task Force - Continued from 11/6/90 meeting. Mayor Cox deferred this item to the meeting of November 20, 1990. c. Appointments to Boards and Commissions: Youth Commission Mayor Cox deferred this item to the meeting of November 20, 1990. d. Modifications to the intersection of Palomar Street and Orange Avenue. 16.'t55 MS (Cox/Nader) refer the intersection of Palomar Street and Orange Avenue to staff for evaluation and report back to Counc~ of a possible modification of Orange Avenue where it would come into a 90 degree intersection at Palomar further to the east and other possible solutions. Approved 4-001 with Councilman Malcolm absent. Mr. LoCicero is to be notified when this item comes back to Council. Councilman Nader requested that any affected homeowner be notified of the date of the meeting. Councilman Moore felt this was also an item for the Montgomery Planning Committee. Mayor Cox stated the intent of his motion was to have staff go through the normal process required. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absenL e. Increase in size of Library Board of Trustees. I'qq~3[~ MSC (Cox/Nader) refer the recommendation to increase the number of Library Board of Trustees from five to seven to the Library Board. Approved 4-001 with Councilman Malcolm absent, f. Local History Museum. Jqf8 7 MSC (Cox/Moore) direct staff to meet with the Chula Vista Historical Society to pursue the possible conversion of the Information and Referral Center into a museum when it becomes vacant. Approved 4-0-1 with Councilman Malcolm absent. g. Position of City Architect, Iqq8 ~ MSC (Cox/Moore) to refer to staff to bring back for consideration with the 1991-92 budget. Consideration should be given to cost effectiveness and Manager's recommendations. Approved 4-001 with Councilman Malcolm absent. Councilman Nader noted that many of the future projects would be growth related and he would like assurances that the growth would pay for the position. h. Phased implementation of recycling progranL /qvd?~, Staff had informed Council that the bidding process for a comprehensive recycling program would be approximately twelve to eighteen months and he felt it would be more prudent to consider some type of a phased implementation of a recycling program. Minutes November 13, 1990 Page 19 Councilwoman McCandliss felt Council had a responsibility to go to bid and that price should be addressed. She would be willing to set it for reconsideration only if staff can come back with answers to questions asked during the public hearing. City Attorney Boogaard stated staff felt confident they could achieve betterment if given the opportunity to bring back a proposal for reconsideration. MS 0McCandliss/Cox) to reconsider and redocket the recycling program for public hearing at the Council meeting of November 27, 1990. Councilman Moore stated if there was a reconsideration he would like information regarding the difference of the life time of the landfill and possible expansion of recycling, cost to the public without subsidy, combination of funding for professional staff, verbiage regarding the next phase, i.e. mulching, and amortization period of less than seven years. City Attorney Boogaard recommended it be placed as one agenda item with a public hearing at the same time as reconsideration. Councilman Nader stated his intent was to schedule for the next ~neeting, receive information filom staff and then decide on reconsideration before the public was brought before Council ibr public testimony. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent. 34. COUNCIL COMMENTS a. Councilman Malcolm: SB 2446 (Craven) - problems associated with enforcement - Continued from 11/6/90 meeting. Continued to the meeting of November 20, 1990. b. Councilman Moore: MSC OVIoore/McCandliss) to refer to staff to set up a joint meeting with the City Council and the Mobilehome Issues Committee. Approved zb0-1 with Councilman Malcolm absent. Y-qg~ c. Councilman Nader: Congratulated Mayor-elect McCandliss, Councilman Moore, and Councilman-elect Rindone on their election. ADJOURNMENT City Attorney Boogaard recommended that Council refer pending litigation, Johnson versus Rancho Robinhood Homeowners Association, et. al. to Daley and Heft. The City Council met in a closed session at 11:20 p.m. to discuss: Potential litigation pursuant to Government Code Section 54956.9 - Appropriate Technologies II EIR,/Repermitting by State Health Department Minutes November 13, 1990 Page 20 ADJOURNMENT AT 11:30 P.M. to the Regular City Council Meeting on November 20, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk \ ' \... , by: -x.~ ,U~'A,' \ \ :' , i, , ?. Vicki C. Soderquist, Deputy City Clerk