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HomeMy WebLinkAboutPlanning Comm min 1995/03/21DIIIWTES OF A REGULAR MEETING OF THE :~;TY COUi1CII. OF THE CITY OF CHULA VISTA Tuesday, March 21, 1995 6:04 p.m. CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Council Chambers Public Services Building Councilmembers Fox, Moot, Padilla, Rindone, and Mayor Horton Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEC2IANCE TO THE FLAG SILENT PRAYER 3. APPROVAL OF MINUTES: March 7, 1995 (Joint Council/RDA) and March 14, 1995 MSUC (D1oot/Norton) to approve the minutes of March 7, 1995 (Joint Council/RDA) and March 14, 1995 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation commending the Chula Vista South Puny League upon the occasion of their 30th Anniversary. Mayor Pro Tem Rindone presented the proclamation to Israel Cosio on behalf of Carlos Sosa, President of the Chula Vista South Pony League. CONSENT CALENDAR (Items pulled: Sh and 6) 111AYOR NORTON OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the Ci[y Attorney stating that as a result of delihertlinas that occurred in Closed Session on 3/14/95, the Redevelopment Agency authorized the aceeptance of un offer to settle a disputed claim with Cypress Creek by increasing the "walkaway limits" for the Palomar Trolley Center to $21/square foot. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. b. Letter of resignation From the Child Care Commission - Elizabeth Stillwagon, 73 North Second Avenue, Chula Vista, CA 91911. It is recommended that the resignation he accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Oftice and the Public Library. Pulled from the Consent Calendar. Councilmember Padilla felt it appropriate to accept the resignation publicly with regret and express as one member of the Council his support and appreciation to Ms. Stillwagon for service on the Commission. She approached it from a unique point of view and he felt it important to romemher that [he commissions should be balanced and represent a wide spectrnm of point of views. Hu hoped in consideration of fu[uro appointments to the commission the Council would look to someone that would have that type of experience. Minutes March 21, 1995 Page 2 c. Letter requesting a financial rnntrihutiun from the Cily dt help sponsor trip to Australia and New Ze:dand with "People to People" -Robin Reader, 285 Sea Vnle Street, Chula Vista, CA 91910. It is recommended that the request he denied. 6. ORDINANCE 2629 ADIENDINGSECTION2.28.OSOOFTHEMUNICIPALCODERELATING TO THE CODE OF ETHICS TO PROHIBIT EMPLOl'RIENT OF A FORMER CITY COUNCH.MEMBER FOR A PERIOD OF ONE YEAR AFTER LEAVING OFFICE (first readint!1 - On 1/l0/95, Council directed the City Attorney to prepare an amendment to the provision of the Ethics Code prohibiting a former elected offtcial from appearing bzfore a City body or City officer or employee as an agent for somoone else soliciting a benefit or entitlement in front of the City. The Council's interest was evaluating an expansion of that provision to preclude a former elected official from being employed for the same one year period of time after leaving office. Staff recommends Council place the ordinance on first reading. (City Attorney) Pulled from the Consent Calendar. Councilmember Padilla questioned the rationale for the inclusion of language fora 4/Sth's vote to allow for persons covered under the ordinance to be employed by the City. Mr. Boogaard replied the Board took very seriously the tact that the ordinance could preclude an elected official from a field of employment. If it should happen that an elected official was the best suited person for a particular job with the City [he Board did no[ want to preclude the City from having the opportunity of employing that elected official after leaving office. If was felt with the 4lSth's vote of the Council it would have a public airing, public disclosure of the fact, and a determination by asuper-majority of the Council that [he person, despite their previous service as an elected officer could still serve the public in a paid employment capacity. ORDINANCE 2629 PLACED ON FIRST READING BY COUNCILI11EI11BER PADILLA, reading of the text was waived, passed and approved wt:tnimously. 7.A. RESOLUTION 17835 AIIIENDING CONDITION NUIIIBER 38 OF RESOLUTION 17618 APPROVING THE TENTATI VE SUBDIVISION ~1AP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS - On 12/20/94, Council approved the Tentative Subdivision Map ti>r Tract 95-03, Parcel R-20 of Eastlake South Greens, known as Ventana. Council also approved on 7/18/89, the Tentative Suhdivision Map for Tract 88-3, Eastlake Greens and on 8/16/94, approved an amendment to the southerly portion of said East[ake Greens Tentative Map. Staff recommends approval of the resolutions. (Director of Public Works, Director of Planning and Director of Community Development) B. RESOLUTION 17814 APPROVING FINAL MAP AND SUBDIVISION IDIPROVEMENT AGREEi\H:NT FOR TRACT 95-03, EASTLAKE SOUTH GREENS, UNIT 20 (VENTANA) C. RESOLUTION 17815 APPROVING SUPPLEMENTAL SUBDIVISION IDIPROVEDfENT AC REEIFIENT REQUH2ING DE VELOPER TO CODIPLY W ITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBERS 17774 AND 15200 APPROVING A TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, AND AUTHORIZING THE MAYOR TO EXECUTE SA11'fE Mr. Boogaard informed Council that he had secured a letter indicating EastLake's consent to the amendment of Condition No. 38 of Resolution 17618. S.A. RESOLl1T10N 17836 REJECTINGLOWBIDFORALTERNATEA(SIDEWALKRAMPS)FOR NON-CODIPLIANCE WITH MINORITY AND 1VOMEN OWNED BUSINESS REQUIREDIENTS FOR CONSTRUCTION OF SIDEWALK RAIIIPS ON VARIOUS STREETS AND PLACED1ENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER (ST-513, STL-213)" - On 2/1/95, the Director of Public Works received sealed bids for "Constntction of Sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on access road to Nature Interpretive Center." The City bid three alternates (A, Minutes March 21, 1995 Page 3 B, and C). Alternate A provides for construction of only sidewalk ramps. Alternate B provides for paving of only the entrance road to the Nature Interpretive Center. Alternate C provides for the constmction of both under one contract, thus, allowing interosted contractors the opportunity to hid both Alternates A and B. Staff recommends approval of the rewlutions. (Director of Public Works) B. RESOLUTION 17837 WAIVING IMMATERIAL DEFECTS, ACCEPTING BIDS AND AWARDING CONTRACT FOR ALTERNATE A (SIDEWALK RAM1IPS) PORTION OF "CONSTRUCTION OF SIDEVALK RADIPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETI V E CENTER (ST-513, STL-213)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT C. RESOLUTION 17838 WAIVING IDIMATERIAL DEFECTS, ACCEPTING BLDS AND AWARDING CONTRACT FOR ALTERNATE B (PAVING ACCESS ROAD TO NIC) PORTION OF "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER (ST-513, STL-213) 9. A. RESOLUTION 17839 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF FOUR CHEVROLET CORSICA SEDANS TO SOUTHBAY CHEVROLET The fiscal year 1994/95 equipment replacement budget provides for the replacement of four sedans, three pick-ups, one utility vehicle, and one crew cab. For each vehicle purchased, one vehicle will be sold. Monies from the auction will be placed in the Equipment Replacement Fund. Staff recommends approval of the resolutions. (Director of Public Works and Director of Finance) B. RESOLUTION 17840 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF THREE SONODIA PICK-LIP TRUCKS TO GM11C TRUCK DIVISION C. RESOLUTION 17841 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF FORD CREW CAB F350 PICK-UP TO FULLER FORD * * END OF CONSENT CALENDAR PUBLIC HF,ARINGS AND RELATED RESOLUTIONS AND ORDINANCES "' Joint City Council/Planning Commission Meeting convened at 6:35 p.m. ' * • 10. ROLL CALL: PRESENT: Councilmzmhers Fox, Moot, Padilla, Rindone, and Mayor Horton Commissioners Fuller, Martin, Tarantino, and Chair Tuehscher ABSENT: Commissioners Ray, Salxs, and Willett Chair Tuchscher stated Commissioners Salas and Willett were attending the California League of Cities Planning meeting and reyuested [heir ahsence he excused. MSC (M•rrtinlFuller) to excuse the •rhsences of Commissioners Srluc and Willett, upprvrved 4-0-3 with Ray, Sinus, and Willett absent. 11. APPROVAL OF PLANNING COMMISSION D1INUTES: Fehrnary 22, 1995 Minutes March 21, 1995 Page 4 DISC (Martin/Fuller) to approve the minutes of February 22, 1995 as presented, approved 4-0-3 with Rry, Sales, and Willett absent. Chair Tuchscher stated the public review period for the EIR had expired at he 2/22/95 meeting. 12. PUBLIC HEARING CPA 95-01 GENERAL PLAN AMENDMENT DESIGNATING 20-ACRE SATTERLA PARCEL LOW DENSITY RESIDENTIAL; GPA 95-02 GENERAL PLAN AbIEKDb1ENT DESIGNATING 21.84-ACRE LOWER OTAY RESERVOIR OPEN SPACE; GPA 95-03 GENERAL PLAN AMENDMENT DESIGNATING SAN DISCO CITY WATER RESERVOIR, OTAY WATER DISTRICT PROPERTY AND OTAY LANDFII,L AS PUBLIC/QUASI-PUBLIC - In January of 1994, Council directed staff to prepare a Sphere of Influence Update Study (Planning Case Numher PCM-93-OS) for the City. That Study, along with several associated General Plan Amendments and a Second Tier Program EIR, are up for Planning Commission and Council consideration. Staff recommends approval of the resolutions. (Special Planning Projects Manager, Otay Ranch Project) Continued from the meeting of 3!14/95. CERTIFYING THE FINAL PROGRADI (SECOND TIER) ENVIRONIIIENTAL IMPACT REPORT (FPEII2 94-03) FOR THE CTfY OF CHULA VISTA SPHERE OF WFLUENCE UPDATE STUDY MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA EN VIRONII~NTAL QUALITY ACT, ADOPTING A MITIGATION DIONTTORING AND REPORTING PROGRAM, ADOPTING ASTATE- D1ENT OF OVERRIDING CONSIDERATIONS, AMENDING THE GENERAL PLAN LAND USE ELEIIIENT, ACCEPTING THE DRAFT SPHERE OF INFLUENCE UPDATE STUDY AS AMENDED AND DQ2ECTING ITS SUBAITTTAL TO THE LOCAL AGENCY FORIIIATION C0~111IISSION FOR ADOPTION Councilmember Moot stated he had been advised to abstain from participation because after the General Development Plan had been approved by the Planning Commission and Council he took on the reprosentation of a client on matters unrelated to [he property. However, during the course of that representation he was advised that his client was a general partner in a partnership that owned some land within the Sphere of Influence. The FPPC had advised him that until an opinion was issued in writing he should abstain. This being the time and place as advertised the Council and Planning Commission public hearings were declared open. Jerry Jamriska, Special Planning Projects Manager, Otay Ranch Team, stated on 2/16/95, the Resource Conservation Commission unanimously recommended the draft program environmental impact report for the City of Chula Vista's Sphere of Influence Update Study be certified as being complete and adequate. On 2/22/95, the Planning Commission unanimously voted to close the public hearing nn the EIR and directed staff to prepare the final program EIR before Council and Commission for certification. Bruce McIntyre, Lettieri-McIntyre and Associates, Environmental Consultants, gave his analysis of the final program EIR, issues, and conclusions. The EIR served Iwo purposes, i.e. addressing the Sphere of Influence and the General Plan amendments. No matter whether the property was developed under the County jurisdiction in the unincorporated area or under the City's jurisdiction under the incorporated area the land uses and, therefore, the impacts that accompany that development would he essentially the same. Most of the impacts addrossed in the Otay Ranch ElR ware independent of the location of the Sphere of Influence boundary. An addendum had been attached to the EIR. Several comments during the comment period raised issues regarding cumulative impacts of the implementation and approval of the Sphere of Influence update. The EIR originally concluded there would be no significant impacts associated with the implementation of the Sphere of Influence Update, but subsequent to that it was determined that a more conservative approach would he appropriate. Since there were cumulative significant umnitigable impacts associated with the Otay Ranch prgject and with additional development of Gerhardt, Ross, and Watson it could he deemed to have a significant impact because it would contribute to xn already significant unmitigable impact The findings outlined mitigation measuros. Concern had been raised by LAFCO that the EIR Minutes March 21, 1995 Page 5 did not determine who would be the preferted provider for water and sewer. Addendum N2 clarified that the preferted provider for water was the Otay Water District and the preferted provider for sewer would be the City of Chula Vista. The Metropolitan Water District royuested clarification to one of staffs responses as to whether there could be cut backs in water supply. It was noted there could be a cut back in water supply from the State water project to provide for fishery and habitat protection and the wort "and" had been inaJvertentiy Deleted in the staff rosponse. Mayor Horton stated Otay Water District was designated as the preferreJ provider for the sphere update area and questioned what the capacity was for the existing reclamation facility and if the distribution system was in place. John Lippitt, Director of Public Works, stated the capacity of the Otay Water District reclamation facility was approximately 1,000,000 gallons per day. There was currently a distribution facility in place for parts of Eastlake but there was no distribution facility for the Ranch. That would be done as the Reach was built out. In order for the Otay Water District to serve sewage for [he entire area they would have to either purchase additional capacity from the City of San Diego, which they Jid not have, or they would have to build a treatment plant with outfalls, etc. Mayor Horton stated concern had been expressed from residents in Bonita regarding flooding. Bill Ullrich, Senior Civil Engineer, Otay Ranch Project Team, roplieJ that the Bonita residents were concerned with the drainage along Central Avenue and the impacts City projects had in that area. A portion of Eastlake I, which included the Salt Creek I project, did drain into that basin. Project plans were roviewed to ensure there was no increase in runoff to that basin. With the Development of Exstl.ake 1 them was adetention/rotention facility constructed to collect approximately 60% of the runoff from the two projects. The problem in the Central area was that a facility along the northsiJe of Central Avenue was inadequate to handle the current flow. The entire area being discussed was in the County. Mayor Horton questioned if the area woulJ have adequate drainage when developed so it would not increase the existing problems along Central and the lower Bonita valley area. Mr. Jamriska stated only 7% of the area of the drainage basin existing in Salt Creek and Eastlake were draining towards [be Bonita area and all that water flow was contained within the various drainage basins. The addition of the sphere line did not change that. The problem was that the County had not adequately planned for the area to handle the water, drainage, and traffic issues and the Bonila residents had looked to the City of Chula Vista to solve those issues. Councilmember Fox stated it was his understanding that the unincorporated side of Bonita, as long as they remained unincorporated, had to be in someones sphere of influence. Mr. Jamriska replied that was corral. LAFCO in 1985 allocated it to the City of Chula Vista at the request of some of the residents of Bonita. Councilmember Fox stated there was a Disagreement with the County regarding the resort area and industrial area and he questioned how those disputes would be resolveJ. It was his understanding that the disagreement for the industrial area was due to IpnD designation, but it was an issue of sphere of influence for the resort area. Mr. Jamriska replied that Planning Area 2 (resort area) was being added because the area could best be provided services by the City of Chula Vista. The City would have to petition the Otay Water District, the preferred provider, to petition [he Metropolitan Water District to add the area to the Water District. Staff felt the issue of the resort area could best be resolved between the period of the sphere request anJ the time the City applied to LAFCO for annexation. A tax agrument between the County of San Dingo and the City of Chula Vista would be required. Staff had begun the framework for those discussions. Minutes March 21, 1995 Page 6 Councilmember Fox hoped that the issue of money could he put aside with the determination being made as to who could best deliver the services. He questioned what would happen if the County objected to the inclusion of that property into the sphere. Mr. Jamriska responded that LAFCO would ultimately decide who could be provide an urban type of level services to all of the area. The City Council Land Use and Housing Committee for the City of San Diego took action recommending that a portion of Planning Area 4 not be deannexed from the City of San Diego and annexed to fhe City of Chula Vista. While the precedent had already been established on the other parcels along the common boundary line, staff had changed their recommendation since it had been presented to the Planning Commission to recommend that the entire Planning Area 4 be designated as a Special Study Area for LAFCO consideration. It included the City of San Diego property as well as [he remaining area south of the Otay Valley Regional Park in the County. Councilmember Fox questioned why they would pull out the entire Planning Area 4 instead ofjust the City of San Diego area. Mr. Jamriska stated that was a possibility but the issue would then become whether the City could best plan for [he provision of urban level services [o the limited industrial area. It was staffs position that the City of San Diego or County of San Diego would be [he best provider. Chair Tuchscher questioned how much of the 300 acres contrihuting to the Sunnyside Water basin was developed or graded. Mr. Ullrich replied that there were 340 total acres and 300 of those were developed. Councilmember Padilla questioned if staff felt the rotention facility addressed 10090 the City's contribution to the drainage problem. Mr. Ullrich responded that the combination of the retention facility and the grading of the site had reduced the runoff from the site to that which existed prior to development. Councilmember Padilla referred to the fiscal projections and iuestioned if the structure utilized was dependent upon the tax transfer agreement negotiated between the City and the County. A structuro could be formulated so over the total time line neither the City or the County would realize a deficit. Mr. Jamriska replied that could be one of the criteria to be looked at during negotiations for the tax agreement. Councilmember Padilla questioned if the City retained Chair franchise rights under the change regarding the designation of the Otay Water District as the preferred provider. Mr. Jamriska responded [hat was correct as franchise authority was part of the City Charter. • Joe Convery, 1600 Pacific Highway, San Diego, CA, representing LAFCO, distributed a letter expressing their appreciation for the cooperative spirit and hoped it would hold over into the LAFCO review process and LAFCO hearing process. Once the Sphere of Influence was submitted they would contact and solicit comments from all of the affected agencies and interested groups and citizens. At that time, they would schedule the item for consideration by Special Districts and Cities Advisory Committee. Following their review of the proposal they would prepare an Executive Offices Report and recommendation to the Commission and schedule it for a public hearing. Based on their previous experience with Sphere of Influence updates it was anticipated that the review process with LAFCO would be approximately six months. They did appreciate the critical Lima frame and they would du everything possible to expedite the process. Chair Tuchscher yuestioned if the six months included the assumption that some of the issues would not be resolved Minutes March 21, 1995 Page 7 Mr. Convery stated they were assuming that soma of rho issue could be resolved during that period Chair Tuchscher questioned if there were specific lima frames for public comment, etc. Me Convery replied that on Sphere of Influence updates in the past [hey had given an extended time frame for comment, i.e. one month to six weeks. • Stan Waid, 5617 Galloping Way, Bonita, CA, representing the Bonita Highlands Homeowners' Association, Sweetwater Valley Civic Association, and Sweetwater Valley Planning Group, stated the basin was not holding back the water and there was floating on Central. When water came down Central Creek it hit a cut-de-sac and then would swirl. The resulting silt then filled the culvert and the water backed up. He requested that staff look at the whole thing and not just parts of it and then resolve the problem. There was one property owner that refused to dig out his section and the County stated they could not force him to do it. Until the infrastructure was in place he did not feel any extensions should be approved that would affect Bonita valley. Mayor Horton stated there were flooding problems prior to EaslLake bring developed. Mr. Waid stated there had been flooding problems since he had lived them, i.e. 1975. He was addressing the inverted "L" property. Chair Tuchscher questioned if the inverted "L" portion was in the Sunnyside Water Basin. Mr. Ullrich responded that it was not. • Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, stated residential property, because of the tax split with the County, did not hying money to a city. There had to be industrial/commercial development to offset it. The plum of rho industrial/commercial property was an 800 room resort. He felt it very important to the future of the area and the ability of the City of Chula Vista to afford to provide the services needed that it he within the City's sphere of influence and when built annexed to the City. There were 39 tax rate areas (TRA's) in the City of Chula Vista and the County received twice as much property tax as the City did. The assumption was that the County could provide mental health services, jails, etc. Mental health services had been reduced and the City now paid a booking tee. He hoped when an agreement was negotiated with the County they could reach something close in parity. • Kim Kilkenny, 11975 EI Camino Real, San Diego, CA, representing The Baldwin Company, stated they supported the staff recommendation with the exception that they,~tad agreed to remain neutral on Planning Area 2, the resort site. None of the areas in the proposed update area drained toward Bonita and should not be a matter of concern related to the document. • lobe Dauz, 5311 Rohinwood Road, Bonita, CA, stated ha was one of the owners of the DeGraff parcel. He felt there was a serious mistake in rho EIR as it stated the parcel was one piece containing 9.64 acres. It was actually two parcels, i.e. the DeGraff parcel of 7.82 acres and the parcel owned by Lucille Roman of 1.82 acres. Only one unit would be allowed on the entire 9.64 acres. The owners of the DeGraff parcel opposed the open space 1 unit per ten acres designation and felt it was arbitrary, unfair, and denied their right of the economic use of their land. He felt it was clearly xn act of condemnation and use of eminent domain. They bought the property based upon the density allowed, i.e. 4-12 units per acre under the City of Chula Vista General Plan and 7.13 unitslper acre under the County of San Diego General Plan. Mayor Horton slated they were not making a land use zoning decision but addressing the Sphere of Influence study. Mr. Dauz stated he understood that but he wanted their opposition to be known. Mr. Jamriska stated Attachment B in the EIR detailed the public notices distributed as well as parcel size. Tt was two parcels and would be entitled, under rho current General Plan of the City, one dwelling unit on each because Minutes March 21, 1995 Page 8 they were planned as open space and the maximum dwelling unit was one per parcel. The action recommended ) would not affect those two parcels because it was currently planned by the City to be open space. Staff was asking that the two parcels be included in the sphere. The property was still in the County of San Diego and would be permitted to have 57 dwelling units in the County regardless of the action taken by Council. If Council a~.~horized those parcels to be annexed to the City that would be when the zoning would change. Commissioner Martin questioned why the City was at odds with the County over Planning Area 2. It was his understanding that when the two commissions had met there were upscale homes in the southeast comer of Otay I-atces. The commissioners agreed to eliminate those and that Platming Area 2 would be within the Chula Vista sphere of influence and would be the developed area. He was frustrated to hear that there was a problem. Mr. Jamriska stated in the preparation of the sphere study staff did a preliminary draft and circulated it among several agencies for the purpose of soliciting their input as to the adequacy of the data only, no[ to the recommendations because they were not even formalized within the City structure. The County of San Diego took that report without the EIR being prepared or without a final draft of the Sphere of Influence study, directly to the Board of Supervisors and the Board, at a public hearing, took an advisory vote on the issue and directed their staff to convey that position to the Board of Supervisors subcommittee working with the City and to their staff. City staff felt that their action was premature. Commissioner Martin stated both Planning Commissions had agreed upon the deletion of Village 13, eliminate the upscale homes southeast of Otay Lakes and to the resort being in the City's sphere. Councilmember Rindone stated that was also his recollection and he concurred with Commissioner Martin. There being no further public testimony, the Planning Commission public hearing and Council public hearing were declared closed. Councilmember Fox stated he was confident there would be ultimate resolution on the areas of conflict. The issue of who could best provide services had to be considered and he felt it was Chula Vista. He agreed with comments made by Rod Davis that the dwellings would not pay their way and the City would have to be active in seeking industrial/commercial development to help pay the way. The City and its residents could not afford to shoulder that burden. Chair Tuchscher appreciated a LAFCO representative being present but exprossed his concern with the six month time frame. D15C (Fu11erlMartin) to adopt Planning Commission Resolution EIR 94-03. Approved 4-0-3 with Ray, Salas, and Willett absent. DIS (Fox/Rindone) to approve Council Resolution 17831. Mr. Boogaard stated there were technical changes that needed to be made in the proposed resolution: 1) Change the date of 3/14/95 to 3/21/95; and, 2) paragraph 10, the Sphere of Inluence study would he referenced as approved by Council on 3/21/95. He had secured an indemnity from Baldwin and wanted Council approval to consider the indemnity. He waited to present it to Council so that it would not affect or influence their deliberation. He was satisfied with the indemnity as it would protect the City against any litigation exposures and also gave the City an additional right [hey had not had at [he General Development Plan level which was the right [o initiate any negotiations for settlement. He reyuested Council set aside the pending motion and that Council approve the agreement and authorize the Mayor to execute on behalf of the City. DfSC (Fox/Rindone) to approve the agreement of indemnification with Baldwin and authorize the Mayor to execute on behalf of the City. Approved 4-0-0-1 with Moot abstaining. VOTE ON ORIGINAL MOTION: approved 4-0-0-1 with Moot abstaining, Minutes March 21, 1995 Page 9 • "Joint City Council/Planning Commission Meeting! •rdjourned at 8:10 P.M. ' • The Regular Cily Council Dleetin}t reconvened at 8:25 p.m. 13. PUBLIC HEARING TO CONSIDER ABATEMENT OF THETRANSIENT OCCUPANCY TAX RATE FROM TEN PERCENT TO A RATE NOT LESS THAN EIGHT PERCENT -Late last year Council considered reports regarding whether to abate the scheduled rate increase in the Transient Occupancy Tax (TOT) or allow the rate to increase from 89o to IOcY. Following discussion with the Chamber of Commerce and Chula Vista Motel Association, .staff recommends approval of the following Resolutions A, B and C. (Deputy City Manager Thomson and Senior Management Assistant Young) A. RESOLUTION 17842 TAR7NG NO ACTION TO ABATE THE SCHEDULED INCREASE IN THE TRANSIENT OCCUPANCY TAX, THEREBY ALLOWING IT TO RISE FRO)\f 8%a TO 10% EFFECTIVE APRIL 1, 1995 B. RESOLUTION 17843 ADOPTING A COUNCIL POLICY TO PROVIDE SUPPORT FOR VISITOR PRODIOTION, SUBJECT TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRACT C. RESOLUTION 17844 APPROPRIATING $22,782 FR011I THE UNAPPROPRIATED GENERAL FUND BALANCE FOR 1NTERIt•t FINANCING OF A VISITOR DISPLAY AT THE SAN DHiGO CONVENTION CENTER AND MAJOR IDIPROVEI1fENTS AT THE VISITOR INFORDIATION CENTER- 4ISth's vote required. Jim Thomson, Deputy City Manager, stated all 31 motels, RV parks, and campgrounds that collected TOT had been contacted. As of the muting time no opposition had been expressed. Both the Chamber and Chula Vista Motel Association had bun working with staff on the proposal before Council. This being the time and place as advertised, the public hearing was declared open. • Patrick Mandas, 699 "E" Street, Chula Vista, CA, representing the Chula Vista Motel Association, stated they viewed the increase of the TOT as a win/win situation for the City, the retail establishments, Chamber, and motels. With the ARCO Training Center coming on line and the Chamber of Commerce now managing the Visitor's Information Center they felt the timing was right and the increase would have a positive impact and not take them out of the market. • Alan Wu, 801 Palomar Street, Chula Vista, CA, reprosenting the Palomar Inn, spoke in opposition to the staff recommendation. They belonged to a group of small to medium size motels within the City. They opposed the increase because their occupancy was down, inflation due to the devaluation of the peso, and they did not ful they could be competitive. Mayor Horton stated the proposal would pul more money into advertising and marketing of the City and hopefully would generate higher occupancy rates. • Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated they supported the increase to 1090 which would be approximately $.81 on the average hill. It was a unique opportunity for the City to raise revenues and fur those who knew best how to advertise motels, restaurants, and retail establishments, i.e. those that operated them, to have funds to do that. The two campgrounds had expressed concern, but they both felt with the economic situation and the City being [he second lowest rate in the County it would be appropriate. They also fall it was xwin/win situation. • William Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, representing the Economic Development Commission, stated they endorsed the increase in the TOT. They requested that Council suk their input regarding Minutes March 21, 1995 Page l0 [he utilization of [he funds, especially as they related to City image, promotion, public relations, and job creation There being no further public testimony, the public hearing was declared closed. Councilmember Rindone stated a lot of work had been done on the item and he complimented staff on their report and interaction with the Chamber and the Motel Association. Ha supported staff recommendation but wanted to ask Mr. Davis if the Chamber would support amending Resolution 17843 to read "Adopting a Council Policy to provide support for a Chula Vista Visitors and Convention Bureau ......". He felt if it was heightened and made official that it could be enhanced and made a partner with the Chamber. Mr. Davis replied they would support that amendment. The last line of the report stated the desire on the behalf of the Chamber and Motel Association to see it become a stand alone entity. RESOLUTIONS 17842 AND 17844 OFFERED BY COUNCILD1ED1BER RINDONE, reading of the text was waived. RESOLUTION 17843 AMENDED TO READ "Adoptinga Council Policy dt prnvide support for a Chula Vista Visitors and Convention Bureau, subject to annual approval of a budget and rotated contract". Councilmember Fox stated funds were being earmarked for a specific purpose and he felt that was why the business community supporter! the increase. He hoped that Mr. Wu would get actively involved with the association in order to promote his business. He questioned if the 326,1)00 for advertising was in addition to what Chula Vista was presently doing. Mr. Thomson stated it would not be in addition, but replace what was currently being done. There would have to be further discussions with the Chamber as to whether the San Diego ad would continue or if other advertising would he more cost effective. Mr. Boogaard stated staff had gone out of their way to avoid in the documentation the indication that funds were being "earmarked". That could be an isolated comment without consequence, but could not he the adopted attitude of the Council. The documentation clearly showed staff was trying to avoid it. He wanted to make the record clear in case it was reviewed in court. Council would be appropriating a source of funds completely different from the TOT revenue sources. Mayor Horton stated she would support the motion on the floor. As a member of Council for over four years she had not supported any tax increases. She recognized the economy had not gained the momentum as hoped in the South Bay, however, [here were projects that would benefit the hotel/motel industry in the future and the city needed to be marketed. She fait the timing was appropriate. She hoped that all members of visitor serving facilities would become involved in the program. VOTE ON MOTION: approved unanimously 14. PUBLIC HEARING GPA-94-O5: CITY INITIATED PROPOSAL TO ADOPT A CHH,D CARE ELEAfENT TO THE GENERAL PLAN - On 3/1/94, Council approved a work program which called for staff from the Parks & Recreation Department and Planning Deparhnent to coordinate with the Child Care Commission to review current City policies and regulations relating to streamlining the permitting of child care facilities and to develop a comprehensive Child Care Element to the General Plan. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17845 ADOPTING A CHH"D CARE ELEMENT TO THE GENERAL PLAN This being the time and place as advertised, the public hearing was declared open. Duane Bazzel, Principal Planner, gave a brief review of the element. Each of the policies and implementation measures could not be implemented immediately because staffing, funding, and existing work program priorities Minutes March 21, 1995 Page 11 needed to be considered. Staff would rotum to Council with a phased work plan for implementation. The only letter received regarding the proposed element was from Eastlake Development Company. They felt the element should focus on the revision of City policies and ordinances to enhance the ability for the community to provide adequate facilities without mandating additional fees or onerous actions on the husiness community. Staff felt the implementation of policies and measuros in the element would necessitate a continuing joint effort between school districts, the development community, business community, and the City. Eastlake also felt the element should recognize and support those agencies already providing child care services rather than creating new institutions to address the problem. Eastlake reyuested that the statistics in the element be suhst.•intiated and that additional research be conducted on the local level. The intent of the statistics in the element were for a benchmark to start. Further work with the various elements in the community should refine those estimates prior to utilizing any of those numbers for subsequent implementation. • George Hartman, 1034 Paseo Entrada, Chula Vista, CA, Chair, Child Cara Commission, stated [he element represented two years of work by the Commission. Ha thanked staff for their support and recommended Council adopt the resolution. Councilmember Rindone stated [here was the concern with the proposal, i.e. there could be a fee imposed in the future on the business communities and thus raise the price of housing within the City. He questioned how the objectives could be me[ without assessing additional fees. Mr. Hartman replied that he did not believe they were looking at assessing fees as a method of paying for child care. It had been suggested [ha[ them be homes in the new developments that were child care ready. That could entail additional expenditures by the developer, but they would be reimbursed when selling the home. There was nothing set in stone and everything was in a state of flux. He did not see the developer paying for child care. Robert Leiter, Director of Planning, stated pages 59-GO dealt with incentives fur new developments to provide locations for child care facilities. I[ also pointed out that the City had certain provisions in place, i. e. the Community Purpose Facility ordinance, which provided for sites to he provided for community facilities. Five or six other possible incentives were listed that could be looked xt. Only number 6 contemplated a fee. It would be staffs intent [o try to identify those options that would have the minimum, if any, impact on development before getting into any fee proposal. Mayor Horlon questioned if staff anticipated an increase in the development impact fee. Mr. Leiter stated even though it was listed as a possible source he did not feel it would he necessary to implement that in order to make a significant improvement in child care. less Valenzuela, Director of Parks & Recreation, stated whin new recreation and community center facilities came on line in the new developments staff would consider the potential of child care going into that facility. Although the City was not a direct provider they could go into a contract with an agency with that expertise for pre-school or latchkey services. • Kim Kilkenny, 11975 EI Camino Road, San Diego, CA, representing The Baldwin Company, stated they supported the adoption of the Child Care Element and expressed concern that in [he future the element could be used as a mechanism to enact further fees from new development to help pay for child care facilities. If that occurced they would oppose that at [he time. He hoped the final document rctlected Council's reluctance to impose exactions on new development for chill care. There being no further public testimony, the public hearing was declared closed. Councilmember Rindone yuestioned why the fiscal impact statement did not include cost assessments. Mr. Leiter replied that [he fiscal impacts of implementing the Child Caro Element would no[ be known until a program was development for implementation. By adopting the element Council would be giving basic policy Minutes March 21, 1995 Page 12 direction. When staff returned with a work program for implementation they would identify the costs and request Council direction on scheduling priorities. Councilmember Rindone referred to page 14-3, item 4.O.a xnd reyuested clarification of that section. Mr. Leiter stated there was a recommendation that as another follow-up action [o the element there be an evaluation of the City's current role in providing child care for city employees and if that could be expanded upon in [he future. Councilmember Rindone stated he was supportive of the Child Care Element, but felt item p6 on page 60 should be deleted as that was not the direction the Council wantedto go. Mayor Horton felt "subsidy vouchers to reduce child care costs and reconciliation of child care licensing requirements with City requirements and standards" should be left in the element. Councilmember Rindone recommended that it read "Consider subsidy vouchers to be used to reduce child care costs and reconciliation of child care licensing requirements with City requirements and standards". Councilmember Fox recommended the inclusion of "information and referral assistance and/or subsidy vouchers Councilmember Fox referred to page 60, community purpose taclhnes and mcenhves, and questioned if the City would be providing incentives for for-profit day care centers as will as non-profit organizations. Mr. Leiter replied that the Community Purpose Facility ordinance allowed for child taro as par[ of community purpose facilities. It did not allow for private day care facilities on those sites. Councilmember Fox was concerned that extra incentives would be given to for-profit day care providers. Mc Leiter did not feel the element would support that approach. The ordinance focused on facilities such as churches that provided day care. There could be reasons to provide incentives for developers to ensure that sites were provided for all kinds of child care facilities, but not in a way that would subsidize them or provide an economic incentive. The incentives would be for lower cost types of child care. Councilmember Fox did no[ feel that was what the element stated. The non-profit organizations could no[ compete against the for-profit agencies. Mr. Leiter stated Council had full discretion on what kinds of incentives were provided and what kind of child care facilities were offered as a trade-off. Council could make it clear that if the program was developed i[ was only fur the lower cost child care facilities. Councilmemher Fox reconunended that page 60, top paragraph he amended to read, "However, the City should consider establishing a program which would provide other incentives for establishment of locations and/or facilities for not-for-profit child care in new development". He also recommended that Ohjective No. 2, page 55, be amended to read "Locate child care facilities near homes, schools, work places, and major transit facilities or routes". He reyuested that under Policies and Implementing Ac[ion, 4.1. I, page 55, a No. 8 he included to read "The City shall work in partnership with non-profit organizations to encourage development xnd affordable child care facilities as well". The Chula Vista 2000 report indicated that aftixdable child care was one of the highest needs in the City because there were so many children left home alone because the parents could not afford child care. Councilmember Padilla felt Council was getting sidetracked, i.e. Council was not considering implementation of the program. There were costs still to be calculated that could be associated with implementation and he felt it could be pendent [o look at specifics as part of a policy direction instead of going ahead and proceeding and then having Minutes March 21, 1995 Page l3 staff come back later with implementation ideas xs to specific costs. Costs would not just be limited to impact fees or assessments, there were other costs with the City doing a numher of the recommendations in [he report. He supported adding a Child Care Element to the General Plan, but he felt the City needed to do it right. He was unsure if they were overlooking some potential haurds in going ahead without more specifics. In regards to the community purpose facilities, it was his understanding that it was basically an allocation tool in the process to reduce land costs that were multiple use within designations, i.e. there was no distinction between for-profit and non-profit organizations. Mr. Leiter replied that the ordinance was focused primarily on community purpose facilities such as churches, community centers, and other similar facilities and did not allow the use of those sites for private for-profit day care facilities. It was intended to allow those community purpose facilities to have designated sites within the master planned communities because they were not being provided when the ordinance was adopted. Councilmember Padilla felt it would be prudent to clarify that language and how it was applied and include it in more specific implementation policies and identify some of the potential costs. Councilmember Moot supported the recommended additions by Councilmembers. He was very reluctant to support anything when the fiscal impact had not been analyzed in advance. He would support conditionally approving [he Child Care Element plan with the revisions offered, to go forward with the study, with the study being brought back for approval when the fiscal impact was included. MS (Moot/Horton) to adopt Resolution 17845 and conditionally approve the Child Care Element as an addition to the General Plun with the additions otTered by Councihnembers Fox and Rindone. Staff is to go forth in preparing the implementttion policies with the fiscal impacts and bring back to Council for Gnul approval. Councilmember Padilla yuzstioned the time line. Mr. Leiter replied that staff contemplated the implementation of the work program at 1-2 years. Staff proposed incremental implementation over a period of lima, i.e. similar to the implementation of the City's Housing Element. As part of [he budgtt process staff would return W Council with an implementation work program and request Council direction on the priority and timing for those individual actions. Councilmember Moot questioned if Council would roceive the fiscal impact for each section being implemented. Mr. Leiter replied staff would provide cost estimates of each section and seek direction on how much staff time should be spent on [he item and what the priority would he. Councilmember Fox stated the proposed policy #8, page 56, should not exclude churches from the organizations the City might want to form partnerships with to provide child taro. Mr. Boogaard stated if Council wished to word a proposal that said to work in partnership with non-profits for affordable child care that would probably include all churches as he assumed they were all non-profits. He urged Council not to specifically refer to the churches due to the separation issues of church and state. Councilmember Rindone statul he would support the motion as it included those revisions to Item 6 on page 60 VOTE ON MOTION: approved unrnimou+ly. ORAL COMMUNICATIONS • Rod Davis, 233 Fourth Avenue, Chula Vista, CA, reprosenting the Chamber of Commen;e, stated there would be a city-wide graffiti out on 5/I3/95 and they challenged the City W form a team and participate. He Minutes March 21, 1995 Page 14 distributed four of the five new postcards on sale in the Visitors Center along with a holder for trolley passes and identification. BOARD AND COMMI S10N REC011111fENDATIONS 15. Recommendation by the International Friendship Commission to have the City Council formally request Sister Cities International to designate Ussuriysk Rucsir as Chulr Vista's Fourth Sister City. Recommendation is based on: 1) that there aro a significant number of people in the community who are interested in a successful relationship with Ussuriysk; 2) the existence of a group that has demonstrated organizational strength in matters such as accumulating a paid membership; and 3) that the "Friends of Ussuriysk" appear to be moving toward a program of self supported activities that would benefit the community. (Tarry Breitfelder, Vice Chair, International Friendship Commission) • Carol Dysart, Vice Chair, International Friendship Commission, stated them had been an ongoing interest for over one year in forming a Sister City relationship with Ussuriysk. As a result of the trip by the former Mayor and Eduardo Serrano there has been international trade. Councilmember Rindone stated it was his understanding that Council would be receiving a report on the former mayor's trip to Ussuriysk. Mr. Morris felt that Council had requested that the former mayor make a prosentation to Council rogarding his trip. Ms. Dysart stated a newsletter had bete included in the agenda packets. Mr. Nader end Mr. Serrano had reported to the IFC and the Friends of Ussuriysk. Mayor Horton felt the item should be postponed until the budget hearings as she wanted to know what it would cost the City to provide a good program for a new Sister City. Ms. Dysart replied that in polling members of the IFC and members of the community they did not fell there would be any further budgetary requirements. Funds were being raised by the Friends of Ussuriysk and they hoped to show that a community could be self-supportirzg in those types of activities. Mayor Horton requested a copy of the budgetary projections, what had been door up to the present time, and where they anticipated going in [he future. Councilmember Moo[ suggested [hat the request be hrought back for consideration whin the fiscal impact was included. Councilmember Fox stated there was an informational memo from the City Manager which stater! he could not at the present time put a figure orz the request because the program had not reyuesterl funding for activities held. Mr. Morris stated the budget manager and she had me[ with the Commission and the information she received was that they were not requesting additional funding at the prosent time and could live within [heir existing appropriation. Councilmember Moot questioned how [he other sister city programs were hanJled. Mc Morris replied that the IFC was horded with a total hudget and the Commission utilized those funds. If there was a special event, i.e, a visit from one of the existing sister cities the City looked }or additional funds or donations. Councihnember Rindone felt everyone wanted to find a way to make i[ possihle and the budgetary issue was one aspect. He was concerned about the implications on the existing sister city program if a new sister city was added. Questions such as: I) was there a desire to continue with the existing sister cities; 2) at what level; and 3) what Minutes March 21, 1995 Page 15 participation was planned in the future for the threw cities should he answered. It was not the number of sister cities but the quality of participation. That information wxs not beforo Council and he would not be willing to add another sister city until those issues ware addressed. Councilmemb~:r Padilla stated he was uncertain them was a sigriticant fiscal issue. He felt if Council requested additional information there should be a time lion as the Mayor of Ussuriysk would be visiting Chula Vista in June and the issue should be settled prior to that visit. Councilmem6er Fox stated he was prepared to accept the IFC recommendation because there was a city that wanted to have an American sister city and had taken all the necessary steps to that. Council could tell the IFC not to spend any more money and maintain the current level of relationships with Odawara and Irapuato and that a report should be brought back to Council on what should happen with the third sister city, General Roca. He felt Chula Vista would not only benefit from the cultural contacts but also economic development. A1S (Fox/Padilla) to accept the International Friendship recommendrtion to have the Council formally reyuest Sister Cities International designate Ussuriysk Russia ac Chula Vista's fourth sister city. There is to be no additional costs associated with the relalionxhip, the IFC is to maintain or enhance the level of relationships with Odawara and Ir•puato, and the IFC is to make recommendations on the City's future relationship with General Roca, Argentina. Councilmember Moot stated with the stipulation that there would be no additional funds for the IFC and that a report would be coming back to Council he would support the motion. Mayor Horton said the Mayor or a Councilmentber was expected to visit the sister city and she questioned if that would be paid for out of the sister cities fund raising. • Paul Catenzaro, Member, Intemational Friendship Commission, rosponded that was correct. They were looking for [he Friends of Ussuriysk to grow and fund those efforts not only culturally but also for business. He looked at the Friends of Ussuriysk as an example of whit could be done in the community to form the Friends of Irapuato, etc. and to revive the sister city relationships, not on the present scale but with expanded community involvement. They were looking at making changes in how they apprbached the sister city relationships and the lack of community involvement. Mayor Horton questioned what the procedure would he if the request was approved. • Eduardo Serrano, 4050 Bermuda Dunes Place, Bonita, CA, representing Friends of Ussuriysk, replied if adopted the City would make an official reAluest to Sister Cities Intemational. Their organization was also planning on working with the existing sister cities on uniting in their efforts. The issue should be the benefits received and not the costs involved. The Friends of Ussuriysk had sent out a 20 ft. container in association with Universal Grocers to Ussuriysk. Councilmember Rindone stated the comments by Mr. Caronz:+ro was the type of input Council had requested when the item had bean previously discussed. It was more than just adding a fourth sister city. His concern was with the anticipated working relationship of the IFC with the other three sister cities. He felt there was time to address those issues and he would support the request when that information was brought forward. VOTE ON 11IOTION: approved 4-1 with Rindone opposed. ACTION ITEIIIS 16. RESOLUTION 17846 DIRECTING THE CITY MANAGER TO BEGIN PROCEEDINGS FOR THE FORMATION OF A RE11196URSE~IENT DISTRICT FOR 260 PLAZA BONITA ROAD - On (1/24/92, Council approved the Pier 1 Import project at 3001 Bonita Road. As part of that approval, Council directed staff to complete street improvements from Plaza Bonita Road to [he 1-805 northbound on-ramp. The ROW must be Minutes March 21, 1995 Page 16 obtained to properly construct the improvements. The plans are complete and waiting on final permits from the Corps of Engineers and the Regional Water Quality Board. Staff recommends approval of the resolution. (Director of Public Works) Clifford Swanson, Deputy Direr,tor of Public WorkslCity Engineer, informed Council staff had received a letter from Todd Lee, an attorney for Jose Gonzales, advising the City that his client was willing to grant the easements subject to working out the details concerning utilities, existing easements, etc. Mr. and Mrs. Gonzales had met with staff to talk about the right-of--way dedication and they both indicated their willingness. Staff felt all the details could be worked out without any further problems. Staff did recommend Council adopt [he resolution because of the importance of the project and advertising it and awarding it beforo June 30th. It would indicate Council's willingness for staff to move in that direction if necessary. RESOLUTION 17846 OFFERED BY COUNCILDIEDIBER FOX, reading of the text was waived, passed and approved unanimously. 17. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. John Lippitt, Director of Public Works, informed Council that staff had received the hill from the City of San Diego for the firs[ three-quarter payments for sewer service and also for the first payment of the front-ended charges in the amount of $5 atillion. Staff was analyzing the bill because it was presented in a form that was not easy to breakout the contract costs versus the fair share costs. Staff would report back to Council in the future. ITEMS PULLED FROM THE CONSENT ALENDAR Items pulled: 56 and 6. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Mr. Morris stated the 1995 Youth Summit would he held on March 29th at 5:30 p.m. in the Chula Vista Library. Staff was in the process of planning a legislative day for Chula Vista and they would invite the area representatives to attend a briefing on issues of importance to the City. 19. 11iAYOR'S REPORTS a. Ratification of appointments: Amira Walker - Intemationxl Friendship Commission; Jon C. Thomburg - Resource Conservation Cortunission. A1SUC (Rindone/Fox) to ratify the appointment of: Amirr Walker -International Friendship Commissions Jon C. Thornburg -Resource Conservation Commission. b. Mayor Horton announced that the Senior Volunteer Patrol would expand by thirty additional members. The City was seeking additional volunteers and the academy for the next class would begin on Monday, April 10, 1995. 20. COUNCIL COA111tENTS Councilmember Rindone a. Councilmember Rindone stated he would be out of town ti>r the 3/28/95 and 4/4/95 meetings and requested the absences be excused. l1ISUC (Prdilla/D1oot) to excuse Councilmember Rindone's absences on 3/28/95 and 4/4/95. Minutes March 21, 1995 Page 17 ADIOURN~IENT ADJOURNMENT AT 9:35 P.M. to the Regular City Council Meeting on March 28, 1995 at 6:00 p. m. in the City Council Chambers. A loin[ Meeting of the City Council/Redevelopment Agency convened at 9:35 p. m. and adjourned at 9:39 p. m. CLOSED SESSION Council met in Closed Session at 9:43 p. m., reconvened at 10:35 p.m., and adjourned a[ 10:36 p. m. 21. CONFERENCE WITH LE AL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Sectiun 54956.9 • City of Chula Vista vs. the County of San Dingo regarding approval of a major use permit for Daley Rock Quarry. 2. Anticipated litigation pursuant Gt Government Code Section 54956.9 • Significant exposure to litigation pursuant [o subdivision (h) of Section 54956.9: 1. • Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. CONFERENCE WITH LABOR NEGOTIATOR -Pursuant to Government Code Section 54957.6 • Agency negotiator: John Goss or designee fur CVEA, WCE, Executive Management, Mid- Management, xnd Unreprosented. Employee orgxni7etion: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unropresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, DepW ity Clerk