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HomeMy WebLinkAboutcc min 1991/06/11 MINUTES OF A REGULAR MEETING OF THE ta'lY OF CI-IULA VISTA Tuesday, June 11, 1991 Council Chambers 6:07 p.m. Public Services Bufiding CAI .I .~n TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Nader, Rindone, and Mayor Pro Tempore Moore ABSENT: Couneflmember Malcolm (attending Coastal Commission Meeting) ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityAttorney; and Beve~y A. Authelet, City Clerk 2. PT.~r',GE OF AT.T.~GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: June 4, 1991 MSC (Rindone/Moore) to approve the minutes of June 4, 1991 as presented. Approved 3-0-1 with COunr{lman Malcolm absent. · 4. SPECIAL ORDERS OF THE DAY: a. Prodalmlng the month of June 1991 as 'Say Yes To Kids Month' - Proclamation was presented by Councilman Nader to Ge~inde Topzand, Chair of the 'Say Yes to K~ds Faire". b. Oaths of Office: Oaths administered by City Clerk Authelet to: Bill H. Harter, Jr. - Board of Appeals;Susan A. Hearhey - Board of Ethics; Suzanne Ramirez -Intemational Friendship Commission; and Richard M. Pitts III - Safety Commission. _~/ CONSENT CAI.RNDAR (Item pulled: 9) Mayor Pro Tempore Moore informed the public that Item #9 was being moved to "Action Items" on the agenda. BALANCE OF THE CONSENT CALF2~AR, AS AMENDED, Oi~'t,,'fllED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed 3-0-1 with Conlln'lman Malcolm absexlL 5. WPd t tt~l COMMUNICATIONS: a. Letter requesting waiver of fees for expansion of H~lrop Baptist Church located at 740 Hilltop Drive - Tim P. Jones, Church Land Planning Consultant. It is recommended that all fees be waived. Minutes June 11, 1991 Page 2 6. ORDINANCE2461 ESTABLISHING A SPEC3AL SEWER SERVKI RATE AREA AND COMpONENT ZONES FOR EASTLAKE GREENS SUBDM SION AND THE OLYMPIC TRAINING (INTER (second teadinE aud adoption) - EastLake Greens requires three sewer pump stations to pump sewage to the nearest available gravity sewer system. Approval of the agreement and adoption of the ordinance enables the City to collect sufficient funds from properties served by the pump stations to provide for operation and maintenance by City forces. Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) 15'9o3 7. RESOLUTION 16191 AFFIRMING THE TRIAL TRAFFIC REGULATION-PARKING PROHIBih~.a) DURING CERTAIN HOURS ON *J' SI-REET AND CORTE MARIA AVENUE -It is necessary to prohibit parking, except for school busses, to allow for a continuous school bus loading/unloading zone at Hilltop Elementary School. Staff recommends approval of the resolution. (Director of Public Works) /~4~ 8. RESOLUTION 16192 AFFIRMING THE TRIAL TRAFFIC REGULAT[ON-ALLWAY STOP AT THE INTERSECT[ON OF AVENIDA YISlDORA/CAI,I.R SANTIAGO/RAIN FOREST ROAD - A trial traffic regulation was established for an all-way stop controlled intersection at Avenida Ysidora/Call,e Santiago/Rain Forest Road. Staff recommends approval of the resolution. (Director of Public Works)' /~e~ 9.A. RESOLUTION 16195 AUTHORIZING ISSUANCE OF BONDS, APPROVlNG BOND INDENTURE AND OFFICIAL STATEMENT FOR AN ASSESSMENT DISTRICT FOR ASSESSMENT DISTRICT NUMBER 88-1 - These are the closing resolutions for the Otay Lakes Road Phase I assessment district proceedings. They approve car~airr bond-related documents and award the bond sale to the lowest bidder. They also approve the Security Enhancement Agreement which provides a safety factor for assessed parcels whose value-to- assessment ratio is less than three to one. Staff recommends approval of the resolutions. (Director of Public Works/Finance) / ~q~/, ,. ITEM 9A - 9D TRAN~ TO 'ACTION lll~f~q_S* 01~ THE AGF_.aNDA. Lyman Christopher, Director of Finance, informed Council that the City held a sale of bonds on Assessment District 88-1 - Otay Lakes Road Phase I. The lowest bid was Prudential Bache with a net interest rate of 7.63048%. Staff therefore recommended award of bid to Prudential Bache. RESOLUTIONS 16195, 16196, 16197, AND 16197 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the tel was waived, passed and approved 3-0-1 with Counf~mnn Rgaleohxl absent. B. RESOLUTION 16196 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMFYION FUND FOR ASSESSMENT Dlb-~F. ICT NUMBER 88-1 /~ C. RESOLUTION 16197 AUTHORIZING AND PROVIDING FOR THE SECURITY ENHANCEMENT AGREEMENT FOR ASSESSMENT DIb]KICT NUMBER 88-1 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION 16198 RATIFYING THE FIRST AMENDMENT TO THE AGI1EI~I~FLNT WITH ' THOMAS O. MEADE FOR PROJECT MANAGEMENT SERVICES FOR THE OTAY LAKES ROAD, PHASE 1 ~ Di3'fKICT AND AUTHORIZING THE MAYOR TO EXECIII~ SAID AGR~RMENT Minutes June 11, 1991 Page 3 10. REPORT CONSIDERINGOPTIONSFORREDESIGNATINGAIXEALENFORCEIVlENTAGENCY (lEA) AS REQUIRED BY THE CALIFORNIA DITEGRATED WAS~IE MANAGFaMF.,NT ACT OF 1989 - The California Integrated Management Act of 1989 (AB 939) requires that each local governing body redesignate a Local Enforcement Agency which meets new state certification guidelines. The report discusses the City's three options and a preliminary recommendation which will need to be fmalized by August 1991. Staff recommends the City Manager send a Letter of Intent to the County of San Diego regarding the City's preliminary interest in designating the County as its LEA for solid waste management activities and direct staff to return to Council in August 1991 with a final recommendation for designation. (City Managed * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLLFFIONS AND ORDINANCES 11. PUBLIC HEARING CONSDERATION OF A RATE INCREASE FOR TRASH SERVICE PROVIDED BY LADLAW WA,b-i~, b'~b-l mMS, INC. - Staff recommends that the public hearing be continued to June 1991. (Assistant Cify Managed MSUC (Nader/lVloore) to continue the public hearing to the meeting of June 18, 1991 per staff recommendatiOIL 12. PUBLIC HEARING ~I'IY INITIATED PROPOSAL TO AMEND GENERAL PLAN AND ZONING · RE~FICATION TO RESOLVE INCONSI:fl-ENCI~_~I o City initiated proposal to amend the General Plan and rezone certain territory;, generally bounded by "E* Street, 'I-t" Street, Second Avenue, Third Avenue, plus an additional area east of Fourth Avenue between 'E" and Davidson Streets, to resolve general plan/zoning inconsistencies within the Central Chula Vista Community. Based on the Initial Study and Negative Declaration, staff finds that the proposed rezonings and General Plan amendments will have no significant environmental impacts. Staff recommends Council adopt the Negative Declaration issued on IS-91-13 for the General Plan/Zoning Consistency Study; adopt the resolution to change the General Plan as described in Exhibits A, B, C, D, and Table I; place ordinance on first reading to change the zones as described in Exhibits A, B, C, D, and Table I subject to specific conditions relative to schools and non-conforming uses. (Director of Planning) I~'q/.~ City Attorney Boogaard requested that the item be bifurcated in order to avoid a conflict of interest due to the location of Councilman Rindone's home in Area 2 of Part 3. Once bifurcated he would be able to participate and vote on the other areas. The Rule of Necessity would not apply as this was not a critical matter. MSUC (Nader/Moore) to bifurcate and traR Area 2 of Part 3 to the meeting of June 18, 1991 due to the conflict of interest created by the location of COulldlm~n Rindone's home. Robert Leiter, Director of Planning, gave a brief overview of the proposal. Tony Lattieri, Project Consultant, stated the study area included approximately 50 acres and 219 lots. It was divided into three subareas to facilitate study. He then reviewed the public hearing process with Lad property owners involved, subareas and proposed zonings. The Planning Commission recommended approval with two conditions. The first condition was that the City of Chula Vista enforce any appropriate legal mechanisms sponsored by the Chula Vista and Sweetwater Union High School Districts to mitigate impacts on school facilities· The second condition was that all existing non-conforming uses created as a Minutes June 11, 1991 Page 4 result of this action be allowed to be reconsmacted in the event of destruction of greater than 60% of the propero/s improvements, upon review and approval by the Plarming Commission. This being the time and place as advertised, the public hearing was declared open. Sid Morris, 862 Cedar Avenue, Chula Vista, CA, spoke in opposition to the staff recommendation. He owns a home in Subarea 3, in Del Mar Court, and questioned the surrounding of R-1 with R-3 zoning. He did not feel this was good zoning practice and that R-2 zoning would be more appropriate. ORDINANCE 2462 plain ON FIRST RF_as~ING AND RESOLUTION 16199 OFFERED BY MAYOR PRO TFaMPORE MOORE, reading of the text was waived. City Attorney Boogaard informed Council that the ordinance and resolution would be amended to reflect the bifurcation. Mayor Pro Tempore Moore stated that Part 3 - Area 2 would be continued to the meeting of June 18, 1991. There being no further public testimony, the public hearing was declared closed. VO/E ON ORDINANCE 2462 AND RESOLUTION 16199: apprnved 3-O-1 with Coune41man Malcolm absent, A. ORDINANCE 2462 REZONING CERTAIN TERRITORY WITHIN THE CENTRAL CHULA VISTA COMMUNITY, GENERALLY BOUNDED BYE STREET, H ~-II',EET, SECOND AVENUE, AND THIRD AVENUE, PLUS AN ADDITIONAL AREA EAST OF FOURTH AVENUE BETWEEN 'E' AND DAVIDSON ~'1'~, TO GENERALLY REDUCE THE EXI:~-rlIqG PERMit ii~D DEN~iiiES FROM R-3 TO LESSER DEN:slTIF_.S, AS DEPIt;II~D ON EXHIBITS A, B, C, AND D ATTACHED HERETO {first readinE} B. RESOLLrrION16199 AMENDING THE Ch'ULA VISTA GENERAL PLAN FOR SPEClAL SllIDy hREA B-1 IN CENTRAL CHULA VISTA TO GENERAILY INCREASE THE DENSITY DESIGNATION IN THE LAND USE RT-~-MENT FOR SAID AREA 13. PUBLIC HEARING ENACTMENT OF AN ORDINANCE ESTABLISHING A STORM DRAIN FEE - On December 8, 1988, the United States Environmental Protection Agency CEPA) proposed regulations for the issuance of National Pollutant Discharge Elimination System ChIPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on November 16, 1990. These permits will require agencies discharging storm water to develop management programs for the purpose of controlling pollutants. The proposed Storm Drain Fee will pay for the establishment and implementation of said programs. Fee collection is proposed to commence on July 1, 1991. Staff recommends Cotmcil place ordinance on FLrst reading and approve the resolution. (Director of Public Works) l~Sqt3 Clifford Swanson, City Engineer, stated the purpose of the ordinance would be to establish fees to cover the costs of the federally mandated program. The fee will commence on July 1, 1991 and would be $.70 per single farofly dwelling unit. City Manager Goss stated that this program is being mandated to all cities and there are no federal funds available for implementation. If the fee is not established it would be necessary to review the general fund to see where funds could be obtained. This being the time and place as advertised, the public hearing was declared open. Minutes June 11, 1991 Page 5 Councilman Nader questioned whether the City had any control over the fines levied on illegal users or durapers. Mr. Swanson responded that he felt the City would have control under the regulations and permits. One of the areas of effort is to enact legislation as necessary to insure compliance with the storm water management programs and the implementation plans. City Attorney Boogaard stated he was confident that there was enough state and federal legislation for cities to recoup costs for damages but he would report back to Council with an informational memo· Councilman Nader requested that when brought back for annual review staff include a report as to what options and authority the City has for levying and collecting fines for violators. He would like to see that violators pay for the program rather than having assessments on property owners. City Manager Goss responded that was staffs goal, the overall objective would be to reduce the fees. There being no public testimony, the public hearing was declared closed. ORDINANCE 2463 PLACED ON FIRST READING AND RF. SOLUYION 16200 OFH~ED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved 3-0-1 with Coun~rnan Malcolm absent. A. ORDINANCE 2463 ADDING (2-1APTERS 3.21 AND 14.16 TO THE CHULA VISTA MUNICIPAL · CODE TO ESTABLISH A STORM DRAIN FEE AND FUND {first readlny,) B. RESOLUTION 16200 AMENDING THE MAb-rF.R FEE SCHEDULE TO ADD A STORM DRAIN FEE ORAL COMMUNICATIONS a. Alan Herridge, 5369 Balboa Avenue, San Diego, CA, requested Councfi support of the Sovereignty Resolution for interest free loans for government bodies. Councilman Nader requested an informational report from staff regarding the Sovereignty Resolution. ACTION 14. REPORT WATER USE OFFSET POLICY - The report provides an analysis of issues relative to City adoption of a policy regarding water use offsets for new development projects. Staff recommends Council provide direction to prepare a formal "Water Use Offset Policy" for future review and adoption. (Director of Planning) Robert Leiter, Director of Planning, reviewed the background of the water use offset policy. When staff worked in developing the water conservation plan for Rancho del Rey, it was recognized that there were several policy issues that needed to be reviewed by Council. These were: 1) should each development project be responsible for identifying its own list of "offset projects" or should this be done on a city-wide or regional basis, and 2) ff a city-wide or regional program was developed should it be administered by the City and/or local water districts. In reviewing this with the Planning Commission, it was there decision t take no action until an overall City policy on water offset requirements was established, The CountyWater Authority has already set up a eomrnittee to develop a water use offset program and it is anticipated that Minutes June 11, 1991 Page 6 the program could be developed during the next six to nine months. Staff feels that a legally enforceable condition could be placed on all projects whleh would require the developer to comply with the regional offset program, or, if such a program was not in place at the time building permits were issued, would require them to implement a local offset project. It would also be staffs intent to refer this matter to the Interageney Water Cornmission for review and comment prior to final Council action. Mayor Pro Tempore Moore expressed concern regarding conditions placed on eonsttuetion within the City and felt the City should have the fight to dictate where the offset would go. Councilman Nader clarified that action tonight would be to put off final action until a formal policy was developed and brought back through the Interagency Water Task Force. He questioned whether the City could impose a condition on meeting the regional policy with the provision that building permits that are pulled prior to the adoption of that policy, be required to meet a water off-set condition as placed on Raneho del Rey IIL Mr. Leiter responded that it could be more specific to state that if building permits were pulled before the CWA program is in place that the developer be required to meet a local off-set water program. The condition could be structured to state that the CWA or regional program subject to approval by Counc~ could be the basis for the off-set water policy, This would allow the Council to review the program to see ff it met their objectives. Jay Hilton, 10S9S Jamaeha Boulevard, Spring Valley, CA, representing the Otay Water District, felt the problem of water supply could best be dealt with on a regional basis under the auspices of the County Water Authority. Should Chula Vista insist on going foByard unflaterally, they urged the Counc~ to have the program administered by the local water districts, They felt the most prudent approach would be to allow CWA to go foByard with its response to dealing with water supply and delay any unilateral action by the City. The City staff could monitor the CWA's progress and keep the Council informed. If the City decided to regulate water use, any such program should be developed through the Interagency Task Force and administered by the water distrlets to- assure its equitabflity. Councilman Nader stated he liked the suggestion of having the water authority administer the program. His concern was that the Council may feel the water off-set program implemented by the CWA is to lenient. He questioned whether the water authority would be in a position to administer an interim policy ff adopted by the Council until the CWA program is in place. Mr. Hilton responded that this had been discussed by the Interagency Water Task Force and there were concerns over proper credits and debits being given to the appropriate agencies. B~l Hatif, 43S0 La Jolla Village Drive, Suite 930, San Diego, CA, representing San Miguel Parmen, agreed with the staff reeornmendarion regarding a regional program. Ken Baumgarmer, 2727 Hoover Avenue, National City, representing MeMillin Communities, reviewed MeMillin's efforts in developing their water conservation plan. They believed a regional approach should be developed through the Interagency Water Task Force with final administration of the program through the water distrlets. Robert Snyder, 900 Lane Avenue, Chula Vista, CA, representing EastLake Development, stated that the eonswaetion industry wanted to be a major part of water conservation in the state. He then noted many of the efforts being made by EastLake regarding water conservation, He stated there was sufficient water within the state but improper storage and transmission. He did not feel that new taxes or assessments needed to be added to the cost of new homes. Minutes June 11, 1991 Page 7 Mark Watton, 3211 Fifr. h Avenue, San Diego, CA, representing the San Diego County Water Authority, stated that water problems were regional and therefore a regional approach was needed. There were many water programs that were currently being worked on that would bear fruit in the funare. MS (lVloore/Rindone) to direct staff to prepare a final *Water Offset Policy" and fortyard it for review and COmment by the Interagency Water Commission prior to City Council adoption. Councilman Nader agreed but felt the City needed an interim offset water policy which should be brought back to Council as soon as possible. When the CWA policy is complete it should be brought back through the Interagency Water Task Force to the Council. He questioned whether it was staffs intent to bring back an interim policy until the CWA policy was complete. Mr. Leiter stated that was staffs intent. It was hoped that the interim policy could be ready for the next Interagency Water Task Force meeting and then to Council as soon as possible. Councilman Nader requested that staff address the administration of the program by the water districts when this is brought to the Interagency Water Task Force for review. VOTE ON MOTION: approved 3-O-1 with Councilman Malcolm absent. BOARD AND COMMISSION RECOMMF2qDATIONS None submitted. ITEMS pLn.l.~n FROM THE CONSENT CALENDAR Item pulled: 9. The minutes will reflect the published agenda order. OTHER BUSINESS 15. U'IY MANAGER'S REPORTfS} a. Introduced Gordon Howard, Principal Planner replacing the late Dan Pass. b. Update of legislation: 1) position of supplemental subventions is not part of the package to balance the budget, 2) still looking at taking one-half of the fines and forfeitures, 3) taking 7% of the motor vehicle lieu tax. The State is looking at doing away with the booking fees and closing the sales tax loopholes. There is also a proposal to institute a state-wide utility users tax. It is unknown at this time if the Citys tax would be impacted as it is already in place. The whole process is changing by the hour and it is still unknown what the impacts will be upon the City. c. The June 17th budget worksession will not be necessary. The public hearing for the budget will be at the meeting of June 18, 1991. Minutes June 11, 1991 Page 8 16. MAYOR~5 REPORT(S) a. Public Works Yard and Animal Shelter Relocafion, potential site use, associated RFP and early relocation of transit elements to relieve over crowding, etc. MSC LMoorefRindone) to direct staff to review potential to relocate at least pan of the animal shelter and public works yard. Report is to include time frame and pro's and con's with the report back to Counca3 in 45 days. Approved 3-0-1 with Coant~lman Malcolm absenL b. Consideration to concur with SANDAG Resolution 91-72 - Requesting the Air Resources Board to reaffirm and continue the existing co-lead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments MSC (Moore/Nader) send a letter to Air Resources and regional APCD to reaffirm and continue the ~ing co-lead agency designation. Approved 3-0-1 with Councilman Malcolm absent. c. Discussion, referral, and rationale for staff to review the concept of merging the members of the Montgomery Planning Committee with the Southwest Redevelopment Project Area. Committee and report back to Council with a full analysis of this potential action to include: reduced staff support and associated cost, increased land use and planning knowledge of PAC, the size of this project area, the amount of potential development within this area, decrease one level of project review. Councilman Nader stated the Southwest Redevelopmeat Project Area contained a parcel 300 ft. from the location of his former home. It was his understanding that he would therefore have a conflict for one year after the sale of the home. He did not feel this item could be bifurcated and questioned whether this item could be continued or ff an urgency existed which would allow him to participate. City Attorney Boogaard responded that this was just being referred to staff, therefore there was no financial interest that would prevent him from voting on the referral. Councilman Rindone did not feel that a formal vote needed to be taken as the item could be referred to staff by consensus. d. Request to consider policy to revoke certain zoning decisions made under County of San Diego in Montgomery area. /~A//7 MSC (Moore/Nader) to refer to staff to see what could be done to dean up temporary building that abut the sidewalk, are not included in the original plan, and that are legal under past county zoning. Appreved 3-0-1 with Countlinen Malcolm absent. Councilman Nader requested that this report also be submitted to the Montgomery Planning Committee. e. Legislative Analysis: 1. Re~lulres Councfi Action AB 1223 (Costa) Vehicles: Length and Load Restrictions - Staff recommends Counc~ oppose. MSC (Moore/Nader) to oppose AB 1223 (Costa) Vehicles. Apprnved 3-0-1 with Coune~'lmarl Malcolm absent. f. Ratification of Commission Appointment to the Housing Advisory Committee Minutes June 11, 1991 Page 9 MSC (Moore/Rindone) to ratify the appointment of Kathleen Kearney to the Housing Advisory Committee. Appraved 3-0-1 with Counc~rnan Malcohn absent. Counc~man Nader requested an updated listing of all board/commission/committee members with expiration dates and present vacancies. g, Loading and off-loading for buses and vehicles at the Norman Park Senior Center. City Manager Goss informed Cooneft that this was included in a later phase and staff would update Council with an informational report. · 17. COUNCIL COMMENTS Councilman Nader a. Process for appointment of Counc~member. Thanked the citizens of Chula Vista and stated he would do his bes~ to justify their confidence in him. The City Charter provides thirty days in which the Council can appoint a person to fill the vacant council seat. He felt the process should be similar to the system currently utilized in filling vacancies on boards/commissions. He proposed that applications be taken until June 21st. Councilmembers could submit questions to the City Clerk, with copies given to all applicants before the interviews. He felt it would be helpful to have written responses before the interviews. Once a final list is compiled Council could then · designate those to be intenriewed. The Counc~ secretary should poll the Counc~ regarding available dates for interviews. Interviews should be scheduled as soon as possible in order to allow time for deliberation. MS (Nadar/Moore) to direct City Clerk to post notice of ~cancy, FIr- applications until 5:00 p~n. on June 21st, inform the Clerk by June 25th of those chosen for interview, Cooneft secretary poll Council on appropriate day/lime available for interviews and schedule, and each member of Council invited to submit questions that they would like writtan responses to by Jone 18th. AMENDMENT TO MOTION: (Moore) mend deadline for applications to June 28th at 5:00 p~ with interviews being held on Saturday, July 6th. Amandmant died for lack of second. Counc~man Nader noted that Counc~ only had thirty days to appoint or it would automatically go to special election. He questioned whether Council would approve of June 25th at 5:00 p.m. for submittal of applications with interviews on Saturday, June 29th. Councilman Rindone expressed concern over the ava~ab~ity of applicants for interview over the 4th of July holiday. There were four major reasons for Council to appoint: 1) term of office is 17 months versus almost a full term, 2) the position is part time versus full time, 3) there is no conspiracy allegation that an appointment had been made, this was cleared up through the special election, and 4) there was a genuine concern by the public to elect a mayor but also strong feelings that this vacancy should be filled by appointment. Appointment should not be restricted wovdy those submitting applications if a consensus could not be reached on those submitted. He felt there was i s~ong commitment by the four Councfimembers to appoint. He would agree with the submission of applications by 5:00 p.m. on June 28th. Interviews could be held on Monday, July 8th at 6:00 p.m. with a second meeting date tentatively set for .July lOth. Minutes June 11, 1991 Page 10 Mayor Pro Tempore Moore felt all interviews should be held the same day/evening. He then reviewed the proposed applieatlon form and possible corrections/additions. ~MENT TO MOTION: (Moore/Nader) interview date wRl Monday, July 8th at 6:00 with back-up date Wednesday, July 10th, deadline for applications will be Friday, June 281h at 5:00 p.m. and notice of vacancy is to be posted on June 12th, The Ch~mbex of Commerce Politic43] Action Comm;IXee is to be tenloved from noticing with the addition of the Los Angeles Times, Sun Times, and any other local pe~odie~l,~ deemed appropriate by staff. City Manager Goss stated this would not be a legal public notice. He requested clarification of v~dtten questions to be submitted by Council for applicants. Councilman Nader stated that Councilmembers were not required to submit questions and these would not be the questions asked during the intenriew period. He felt this would provide additional information for selection. Councilman Rindone requested that discussion of the prepared questions be continued unffi Councilman Malcolm was present. He felt the Council had reached consensus on all other items. Councilman Nader withdrew the requirement of prepared questions to be submitted to applicants. He hoped ir would be considered before the final process. VOTE ON MOTION AS AMENDED: approved 3-O-1 with Councilman Malcolm absant. b. Consideration to waive processing of an amendment to the General Plan for Cynthia Willjams, 114 Third Avenue, Chula Vista, CA J~'q~,~ Robert Leiter, Director of Planning, stated that staff recommended: 1) adopt as Council policy a process for consideration of publicly-initiated General Plan Amendments which are requested by individual property owners in the area of General Plan/Zoning inconsistency, and 2) based on the three findings required by the proposed Council Policy, authorize staff to conduct a General Plan/Zoning Consistency review for a portion of Subarea B-3 of the General Plan/Zoning Consistency Study which contains the Eaton property. The area to be studied lies benveen Third Avenue and Landis Avenue, and benseen "D" SWeet and "E" SWeet. The report is expected to take 90 to 120 days. Wanda Eaton, 9651 Mast Boulevard, Santee, CA, Eaton Development Co. Inc., representing Cynthia Willjams, thanked Council for their action. Cynthia Willjams, 114 Third Avenue, Chula Vista, CA, thanked Council for their action and stated she looked forWard to the study. MSC (Nader/Rindone) to approve staffrecommenda~ons. Approved 3-O-1 with Councilman ~4a]ealm absent. Councilman Rindone a. Reviewed the packet regarding bonds and investments and requested that staff look at utilizing the local financing institutions if possible. b. Congratulated Mayor Pro Tempore Moore on the term served as Mayor. He noted his dedication, leadership, and efforts in ge~ng the City through a very difficult time. Minutes June 11, 1991 Page 11 ADJOURNMENT City Attorney Boogaard stated the following closed session item was to be discussed in open meeting: Pending litigation pursuant to Government Code Section 54956.9 - California Energy Commission proceedings regarding San Diego Gas &Electric NOI & AFC. /5'~/.~ Deputy City Manager Y, rempl gave a brief review of AB 1013 (Peace). A number of amendments have been proposed to the bill which are concem to staff. There is very little knowledge to the actual project at this time so staff was recommending that they be directed to initiate discussions with the author of the bill and with the utility company regarding the content of the bill and attempt to secure safeguards to protect the City of Chula Vista. There are two issues: 1) desalinization facility, and 2) the repowering of the power plant and possible impact. MSC (lVloore/Nader) to establish liaison with all parries and prepare proposed amendments to the bill in order to safeguard the City of Chula Vista. Approved 3-0-1 with Councilmen Malcolm absent. The City Council met in a closed session at 8:32 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Combs versus City of Chula Vista Pending litigation pursuant to Govemment Code Section 54956.9 - Kirchnavy versus City of Chula Vista - Settlement of Claim \' Pending litigation pursuant to Government Code Section 54956.9 - Pondergraft versus City of Chula Vista ADJOURNMENT AT 9:12 P.M. to the Regular City Council Meeting on June 18, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. ALrFH~I.~T, CMC, City Clerk ~cki C. Soderquist, Depdt~Zity Clerk