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HomeMy WebLinkAboutPlanning Comm min 1995/03/21 (2) MINUTES OF A REGULAR 1\lEETING OF THE :,::::TY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 21, 1995 6:04 p.m. Council Chambers Public Services Building CALL TO ORDER I. ROLL CALL: PRESENT: Councilmembers Fox, Moot, Padilla, Rindone, and Mayor Horton ALSO PRESENT: Sid W. Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: March 7, 1995 (Joint Council/RDA) and March 14, 1995 1\lSUC (Moot/Horton) to approve the minutes 01' March 7, 1995 (Joint CouncillRDA) and March 14, 1995 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation commending the Chula Vista South Pony League upon the occasion of their 30th Anniversary. Mayor Pro Tern Rindone presented the proclamation to Israel Cosio on behalf of Carlos Sosa, President of the Chula Vista South Pony League. CONSENT CALENDAR (Items pulled: 5b and 6) MA YOR HORTON OFFERED THE BALANCE OF THE CONSENT CALENDAR, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a resull of deliherations that occurred in Closed Session on 3/14/95, the Redevelopment Agency authorized the acceptance of an oll'er 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 reportahle action taken by the City Council in Closed Session. It is recommended thaI the letter be received and tiled. b. Letter of resignation from the Child Care Commission - Elilllbeth Stillwagon, 73 North Second Avenue, Chula Vista, CA 91911. It is recommended that the resignation be 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 acceplthe 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 il from a unique point of vit:w and he fdt it important to rememher that the commissions should be balanced and represent a wide sp.xtmffi of point of views. He hopw in consirJeration of futurt~ appointments to the commission the Council would look 10 someone that would have thatlype of experience. Minutes March 21, 1995 Page 2 c. Leller request in!: a financial contrihutiun frum the City tu help spun"" trip to Australia and New Zealand with "People to People" - Rohin Reader, 285 Sea Vale Stred, Chula Vista, CA 91910. It is re.commc:nd~ that the request be denied. 6. ORDINANCE 2629 AMENDING SECTION2.28.050 OFTHE MUNICIPAL CODE RELATING TO THE CODE OF ETHICS TO PROHIBIT EMPLOYMENT OF A FORMER CITY COUNCILMEMBER FOR A PERIOD OF ONE YEAR AITER LEAVING OFFICE (lir.st readin~) - On 1/10/95, Council directed th~ City Attorney to prepar~ an amendment to the provision of the Ethics Code prohihiting a fanner elocted official from appearing before a City body or City officer or employ~ as an agent for someone dse soliciting a benefit or entitlement in front of the City. The Council's interest was evaluating an expansion of that provision to preclude a fonner elected official from being employed for the same one year period of time after leaving office. Staff recommends Council place the ordioance on first reading. (City Attorney) Pulled from the Consent Calendar. Council member Padilla questioned the rationale for the inclusion of language for a 4/5th'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 fact that the ordinanCe could preclude an elected official from a field of employment. If it should happen that an dected official was the best suited person for a particular job with the City the Board did not want to preclude the City from having lhe opportunity of employing that elected official after leaving office. It was felt with the 4/5th's vote of the Council il would haw a public airing, public disclosure of the fact, and a determination by a super-majority of the Council that the 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 COUNCILMEMBER PADILLA, readin!: 01' the text was waived, passed and approved ummimou"ily. . 7.A. RESOLUTION 17835 AMENDING CONDITION NUMBER 38 OF RESOLUTION 17618 APPROVING THE TENT A TlVE SUBDIVISION MAP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS- On 12/20/94, Council approved the Tentative Subdivision Map ttlT Tract 95-03, P"rcel R-20 of Eastu.ke South Gr~ns, known as V~ntana. Council also approved on 7118/89, th~ T~ntative Suhdivision Map for Tract 88-3, EastLake Greens and on 8/16/94, approved an amendment to the southerly portion of said EastLake 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 IMPROVEMENT AGREEMENT FOR TRACT 95-03, EASTLAKE SOUTH GREENS, UNIT 20 (VENT ANA) C. RESOLUTION 17815 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERT AIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBERS 17774 AND 15200 APPROVING A TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENT ANA, AND AUTHORIZING THE J\IA YOR TO EXECUTE SAME Mr. BoogaarJ informed Council that he haJ sel:ureJ a letter indil:atin,g EastLake's I:onsent to the amendment of ('onJition No. 38 of Resolution 17618. 8.A. RESOLUTION 17836 REJECTING LOW BID FOR ALTERNATE A (SIDEWALK RAMPS) FOR NON-COMPLIANCE WITH MINORITY AND WOMEN OWNED BUSINESS REQUIREMENTS FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER (ST-513, STL-213)" - On 2/1/95, Ihe Director of Public Works received sealed bids for .Constmction of Sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on access road to Nature Interprelive Center. - The Cily 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 construction of both under one contract, thus, allowing interestoo conlractors the opportunity to hid both Alternates A and B. Staff recommends approval of the resolutions. (Director of Puhlic Works) B. RESOLUTION 17837 WAIVING IMMATERIAL DEFECTS, ACCEPTING BIDS AND AWARDING CONTRACT FOR AL TERN A TE A (SIDEW ALK RAMPS) PORTION OF "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER (ST -5\3, STL-213)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL A V AILABLE FUNDS FOR THIS PROJECT C. RESOLUTION 17838 WAIVING IMMATERIAL DEFECTS, ACCEPTING BIDS 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-5\3, STL-213) 9.A. RESOLUTION 17839 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF FOUR CHEVROLET CORSICA SEDANS TO SOUTHBA Y CHEVROLET The fiscal year 1994/95 equipment repJacement 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 SONOMA PICK-UP TRUCKS TO GI\1C 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 HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES * * * Joint City Council/Planning Commission Meeting convened at 6:35 p.m. * * * 10. ROLL CALL: PRESENT: CounciJrnembers Fox, Moot, Padilla, Rindone, and Mayor Horton Commissioners Fuller, Martin, Tarantino, and Chair Tuchscher ABSENT: Commissioners Ray, Salas, and Willett Chair Tuchscher stated Commissioners Salas and Willett were attending the California League of Cities Planning meeting and requested their ahsen~e he ex~used. MSC (MartinlFuller) to excuse the ahsences of Cmnmissioners Salas and Willett, approved 4-0-3 with Ray, Salas, and Willett ahsent. 11. APPROVAL OF PLANNING COMMISSION MINUTES: Fehruary 22,1995 Minutes March 21, 1995 Page 4 MSC (Martin/Fuller) to approve the minutes of Fehruary 22, 1995 as presented, apprllved 4-0-3 with Ray, Salas, and Willett absent. Chair Tuchscher stated the pllblic review period for the EIR had expired at ~e 2/22/95 m""ting. 12. PUBLIC HEARING GPA 95-01 GENERAL PLAN AMENDMENT DESIGNATING 20-ACRE SATTERLA PARCEL LOW DENSITY RESIDENTIAL; GPA 95-02 GENERAL PLAN AMEI\"DMENT DESIGNATING 21.84-ACRE LOWER OTA Y RESERVOIR OPEN SPACE; GPA 95-03 GENERAL PLAN AMENDMENT DESIGNATING SAN DIEGO CITY WATER RESERVOIR, OTAY WATER DISTRICT PROPERTY AND OT A Y LANDFILL AS PUBLIC/QUASI-PUBLIC -In January of 1994, Council directed staff to prepare a Sphere of Influence Update Study (Planning Case Number PCM-93-05) for the City. That Study, along with several associated General Plan Amendments and a Second Tier Program EIR, are up tor Planning Commission and Council consideration. Staff recommends approval of the resolutions. (Special Planning Projects Manager. Otay Ranch Project) Continued from the meeting of 3114/95. COUNCIL RESOLUTION 17831 AND PLANNING COMMISSION RESOLUTION Ern 94-03 CERTIFYING THE FINAL PROGRAM (SECOND TIER) ENVIRONMENT AL IMPACT REPORT (FPEIR 94-03) FOR THE CITY OF CHULA VISTA SPHERE OF INFLUENCE UPDATE STUDY MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATE- I\IENT OF OVERRIDING CONSIDERATIONS, AMENDING THE GENERAL PLAN LAND USE ELEMENT, ACCEPTING THE DRAFT SPHERE OF INFLUENCE UPDATE STUDY AS AMENDED AND DIRECTING ITS SUBMITTAL TO THE LOCAL AGENCY FORI\IATION COMMISSION FOR ADOPTION Councilmember Moot stated he had heen advised to ah~tain from partil:ipation hei.:ause afkr the General Development Plan had been approved hy the Planning Commission and Council he took on the representation of a client on matters unrdated to the 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 ahstain. 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 certitied as being complete and adequate. On 2/22/95, the Planning Commission unanimously voted to close the public hearing on 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 two purposes, i.e. addressing the Sphere of Intluence 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 be essentially the same. Most of the impacts addressed in the Otay Ranch EIR were independent of the Jocation of the Sphere of Intluence houndary. 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 Intluence update. The EIR originally cllncluded there would be no significant impacts associated with the implementation of the Sphere of Intluence Update, but suhsequent to that it Was uetermined that a more conservative approach would he appropriate. Since there were cumulative signiticant unmitigable impacts associated with the Otay Ranch pr"iect and with additional development of Gerhardt, Ross, and Watson it could be d~med to have a signiticant impact because it would contribute to an already significant unmitigahle impact. The tindings outlined mitigation measures. Concern had heen raised hy LAFCO that the EIR Minutes March 21, 1995 Page 5 did not determine who would be the preferrod provider for water and sewer. Addendum #2 clarified that the preferred provider for water was the Otay Water District and the preferrod provider for sewer would be the City of Chula Vista. The Metropolitan Water District requestod c1arilication to one of staffs responses as to whether there could be cut backs in water supply. It was notod there could be a cut back in water supply from the State water project to provide for lishery and babitat protection and the word "and" had been inadvertently deleted in the staff response. Mayor Horton statod Otay Water District was designated as the preferred provider for the sphere update area and qu~stioned what the capacity was for the existing r~lamation 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 Ranch was built out. In order for the Otay Water District to serve sewage for the entire area they would have to either purchase additional capacity from the City of San Diego, which they did 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 tlooding. Bill Ullrich, Senior Civil Engineer, Otay Ranch Project Team, replied that the Bonita residents wen~ concerned with the drainage along Central Avenue and the impacts City pn~iects had in that area. A portion of EastLake 1, which included the Salt Creek I pn>ject, did drain into that basin. Proiect plans were reviewed to ensure there was no increase in runoff to that basin. With the development of EastLake I there was a detention/retention 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 northside 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 would 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 hasin existing in Salt Creek and EastLake were draining towards tbe Bonita area and all that wat~r tlow 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 tramc issues and the Bonita 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 intluence. Mr. Jamriska repliod that was correct. LAFCO in 1985 allocated it to the City of Chula Vista at the request of some of the residents of Bonita. Council member Fox stateu. there was a disagr~ment with the County regarding the resort area and industrial area anu he questioned how those disputes would he resolveJ. It was his unu~rstanding that the disagreement for the industrial 8rt:a was uue to I\lnu designation. but it was an issu~ of spher~ of intluence for th~ resort area. Mr. Jamriska repliod that Planning Area 2 (resort area) was being added because the area could best be providod services by the City of Chula Vista. The City would have to petition the Otay Water District, the preferred provider, to petition the 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 and the time the City applied to LAFCO for annexation. A tax agreement between the County of San Diego 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 Counly obj<cted to the inclusion of that property into the sphere. Mr. lamriska responded that LAFCO would ullimately 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 the City of Chula Vista. While the pr<cedent had already been established on tbe otber parcels along the common boundary line, staff had changed their r<commendation 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 the remaining area soulh of the Otay Valley Regional Park in the County. Councilmember Fox questioned why they would pull out the entire Planning Area 4 instead of just the City of San Diego area. . Mr. lamriska slated that was a possibility but the issue would then become whether the City could best plan for the provision of urban level services to the limited industrial area. It was staffs position that the City of San Diego or County of San Diego would be the besl provider. Chair Tuchscher queslioned how much of the 300 acres contributing to the Sunnyside Waler basin was developed or graded. Mr. Ullrich replied Ihatthere were 340 total acres and 300 of those were developed. Councilmember Padilla questioned if staff felt the retention facility addressed 100% the City's contribution to the drainage problem. Mr. Ullrich responded that the combination of the r<lention lacility and tbe grading of the site had reduced the runoff from the site to that which exisled prior to development. Councilmember Padilla referred to the fiscal projections and iluestioned if the structure utilized was dependent upon the tax transfer agreement negotiated hetween the City and the County. A structure could be formulated so over the tOlaltime line neither the City or the County would realize a delicit. Mr. lamriska replied that could be one of the criteria to be looked at during negotiations for the tax agreement. Councilmernber Padilla questioned if the City retained their franchise rights under the change regarding the designation of the Otay Water District as the preferred provider. Mr. lamriska responded that was correct as francbise authority was part of tbe City Charter. · 10e 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 Intluence was submitted they would contact and solicit comments from all of the aff<cted agencies and interested groups and citizens. Atthathme, 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 he.aring. Based on their previous experience with Sphere of Intluen\,;e updates it was anticipated that the review process with LAFCO would be approximately six months. Tbey did appreciate the critical time frame and tbey would dueverything possible to expedite the prol:ess. Chair Tuchsl':her questioned 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 some of the issue could be resolved during that period. Chair Tuchscher questioned if there were sp~iti~ time frames for puhlic comment, etc. Mr. Convery replied that on Sphere of Inlluence updates in the past they had given an extended time frame for comment, i.e. one month to six weeks. . Stan Waid, 5617 GallopingWay, 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 flooding on Central. When water came down Central Creek it hit a cul-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 being developed. Mr. Waid stated there had been flooding prohlems since he had lived there, 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 bring money to a city. There had to be industrial/commercial development to offset it. The plum of the 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 be within the City's sphere of inlluence 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 fee. He hoped when an agreement was negotiated with the County they could reach something closer in parity. . Kim KilkeMY, 11975 EI Camino Real, San Diego, CA, representing The Baldwin Company, stated they supported the staff recommendation with the exception thatthey,.had 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 malter of concern related to the document. . John Dauz, 5311 Rohinwood Road, Bonita. CA, stated he was one of the owners of the DeGraff parcel. He felt there was a serious mistake in the EIR as it stated the parcel was one piece containing 9.64 acres. It was actually two parcels. i.e. the DeGraff parcel of7.82 acres and the parcel owned by Lucille Roman of 1.82 acres. Only one unit would he allowed on the entire 9.64 acres. The owners of the DeGraff parcel opposed the open space J 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 an 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 ofChula Vista General Plan and 7.13 units/per acre under the County of San Diego General Plan. Mayor Horton stated 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. lamriska stated Allachment B in the ErR detailed the public notices distrihuted as well as parcel size. It was two parcels and would be entitled, under the 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 Lakes. The commissioners agreed to eliminate those and that Planning 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. lamriska 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, not 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. . Councilrnernber 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 heing present but expressed his concern witb the six month time frame. #' !\ISC (Fuller/Martin) to adopt Planning Commission Resolution EIR 94-03. Approved 4-0-3 with Ray, Salas, and Willett absent. !\IS (Fox/Rindone) to approve Council Resolution 17831. Mr. Boogaard stated there Were technical changes that needed to be made in the proposed resolution: I) change the date of 3/14/95 to 3/21/95: and, 2) paragraph 10, the Sphere of Influence study would be 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 intluence 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 they had not had at the General Development Plan level which was the right to initiate any negotiations for settlement. He requested Council set aside the ptmding motion and that Council approve the agreement and authorize the Mayor to execute on behalf of the City. MSC (FoxlRindone) to approve the agreement of indemnifirution 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 Commissiun Meding adjourned at 8:10 P.M. · · · The Regular Cily Council Meeling recunvened at 8:25 p.m. 13. PUBLIC HEARING TO CONSIDER ABATEMENT OF THE TRANSIENT OCCUPANCY TAX RATE FROM TEN PERCENT TO A RATE NOT LESS THAN EIGHT PERCEl\'T - Lale lasl year Council considered reports regarding whether to abate the scheduled rale increase in the Transient Occupancy Tax (TOT) or allow the rate to increase from 8 % to 10 %. 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 TAKING NO ACTION TO ABATE THE SCHEDULED INCREASE IN THE TRANSIENT OCCUPANCY TAX, THEREBY ALLOWING IT TO RISE FROM 8% TO 10% EFFECTIVE APRIL I, 1995 B. RESOLUTION 17843 ADOPTING A COUNCIL POLICY TO PROVIDE SUPPORT FOR VISITOR PROMOTION, SUBJECT TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRACT C. RESOLUTION t 7844 APPROPRIATING $22,782 FROM THE UNAPPROPRIATED GENERAL FUND BALANCE FOR INTERIM FINANCING OF A VISITOR DISPLAY AT THE SAN DIEGO CONVENTION CENTER AND MAJOR IMPROVEMENTS AT THE VISITOR INFORMATION CENTER- 4/5th's vule required. Jim Thomson, Deputy City Manager, stated all 31 motels, RV parks, and campgrounds that collected TOT had been contact~. As of the m~ting time no opposition had h~~n ~xpr~ss~d. Both the Chamber and Chula Vista Motel Association had been working with staff on the proposal hdore 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 Ihe increase of Ihe TOT as a win/win situation ror the City, the retail establishments, Chamber, and motels. With the ARCO Training Center coming on line and the Chamher 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 oul of Ihe market. . Alan Wu, 801 Palomar Street. Chula Vista, CA. representing the Palomar Inn, spoke in opposition to the staff reconunendation. They bdonged to a group of small to meJium size motds within the City. They opposed the increase because their occupancy was down. intlation due to th~ devaluation of the peso. and they did not feel they could be compeliliv~. Mayor Horton slated the proposal would put mor. l1lon.y into adv.rtisin~ and markeling 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 10% which would be approximately $.81 on the average hill. It was a unique opportunity for the City to raise revenues and for those who knew hest how to adv~rtise motels, restaurants, and retail establishments, i.e. those Ihat operated them, to have funds to do lhat. Th. two campgrounds had expressed concern, butlh.y both relt with the economic situation and the City heing the second lowest rat. in the County it would be appropriate. They also felt it was a win/win situation. . William Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, ropresenting the Economic Development Commission, stated they endorsed the increase in the TOT. They roquestod that Council seek their input regarding Minutes March 21, 1995 Page 10 the utilization of the funds, especially as they related to City imag~, promotion, puhlic relations. and job cr~tion. There being no further public testimony, the puhlic hearing Was u~c1ared 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 Cbamber and the Motel Association. He 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 telt 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 COVNCILI\fEI\fBER RINDONE, reading of the text was waived. RESOLUTION 17843 AMENDED TO READ "Adopting a Council Policy to provide support for a Chula Vista Visitors and Convention Bureau, subject to annual approval of a hudget and related cont...act". Councilmember Fox stated funds were being earmarked for a specific purpose and he tdt that was why the business conununity supported the increase. He hoped that Mr. Wu would get actively involved with the association in order to promote his business. He questioned if the $26,000 for advertising was in addition to what Chula Vista was presently doing. Mr. Thomson stated it would not be in addition, hut replace what Was currently heing done. There would have to be further discussions with the Chamber as to whetha the San Diego ad would L:ontinue or if other advertising would be more cost effective. Mr. Boogaard stated staff had gone out of their way to avoid in the docul11t:ntation the imlication that funds were being "eannarked". That could be an isolated comment without const:l)uence. hut could not be 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 soun;e of funds completely dift~rent from the TOT revenue Sources. Mayor Horton stated she would support the motion on the floor. As a m~mher 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, there were projects that would henefit the hotel/motel industry in the future and the city needed to he marketed. She felt the timing was appropriate. She hoped that all memhers of visitor serving facilities would become involved in the program. VOTE ON MOTION: approved unanimously, 14. PUBLIC HEARING GPA-94-05: CITY INITIATED PROPOSAL TO ADOPT A CHILD CARE ELEMENT TO THE GENERAL PLAN - On 3/1/94, Council approved a work program which called for staff from the Parks & Recreation Department and Planning Department 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 CHILD CARE ELEMENT TO THE GENERAL PLAN This being the time and place as advertised, the puhlic 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 stafting, funding, and existing work program priorities Minutes March 21, 1995 Page 11 needed to he considered. Staff would return to Council with a phased work plan for implementation. The only leller received regarding the proposed element was from EastLake Development Company. They fell 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 tbe business community. Staff felttbe implementation of policies and measur~s in th~ d~mcnt 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 requested that the statistics in the element he substantiated and tbat additional research be conducted on the local level. The intent of the statistil.;s in the dement were for a benchmark to start. Further work with the various dements in the community should rdlne those estimates prior to utilizing any of those numbers for subsequent implementation. . George Hartman, 1034 Paseo Entrada, Chula Vista, CA. Chair, Child Care Commission, stated the element represented two years of work by the Commission. He thanked staff for their support and recommended Council adopt the resolution. Councilmember Rindone stated tbere 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 met without assessing aduitional f~s. Mr. Hartman replied that he did not bdieve they were looking at assessing fees as a method of paying for child care. It had been suggested thattbere he homes in the new developments that were child care ready. That could entail additional expenditures by the developer. hut they would he reimhursed when selling the home. There was nothing set in stone and everything was in a state of flux. He did not see the devdoper paying for child care. Robert Leiter, Director of Planning, stated pages 59-60 dealt with incentives for new developments to provide locations for child care facilities. It also pointeu 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 at. Only number 6 contemplated a fee. It would he staffs intent to try to identify those options that woulu have the minimum, if any, impact on development before gelling into any fee proposal. Mayor Horton 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 fed it would be necessary to implement that in order to make a significant improvement in child care. Jess Valenzuela, Director of Parks & Recreation, stated when 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 the 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 occurred they would oppose that at the time. He hoped the tinal document rdlecte<.l Council's reluctance to impose exactions on new devdopment for child care. There being no further public testimony, the puhlic hearing was dedar~ dose.J. CouncilmemMr Rindone questioned why the tiscal impact statement did not include cost assessments. Mr. Leiter replied thai the Ii seal impacts of implementing the Child Care Element would not be known until a program was development for implementation. By adopting the element Council would he giving basic policy Minutes March 21, 1995 Page 12 direction. When staff returned with a work program for impl~m~ntation th~y would identify the costs and request Council direction on scheduling priorities. C,mncilmember Rinuone referred to page 14-3, item 4.0.a and requested c1aritication of that section. Mr. Leiter stated there was a recommendation that as another follow-up action to 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 the future. Council member Rindone stated he was supportive of the Child Care Element, but felt item #6 on page 60 should be deleted as that was not the direction the Council wantoo. to 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 suhsidy vouchers to be used to reduce child care costs and reconciliation of child care licensing requirements with City requirements and standards". Council member Fox recorrunended the inclusion of "information and referral assistance and/or subsidy vouchers Councilmember Fox referred to page 60, community purpose tacilitiel; and incentives, and questioned if the City would be providing incentives for for-profit day care centers as well as non-protit organizations. Mr. Leiter replied that the Corrununity Purpose Facility ordinance allowed for child care as part of conununity 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. Mr. 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 not feel that was what the dement stated. The non-profit organizations could not 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 it was only tor the lower cost child care facilities. Council member Fox recommended that page 60, top paragraph be amended to read, "However, the City should consider estahlishing 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 Objective No.2, page 55, be amended to read "Locate child care tacilities near homes, schools, work places, and major transit facilities or routes". He requested that under Policies and Implementing Action, 4.1. I, page 55, a No.8 be included to read "The City shall work in partnership with non-profit organizations to encourage development and affordable child care facilities as well". The Chula Vista 2000 report indicated that aft(>rdable 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 prudent to look at specifics as part of a policy direction instead of going ahead and proceeding and then having Minutes March 21, 1995 Page 13 staff come back later with implementation ideas as to speci lie costs. Costs would not just be limited to impact fees or assessments, there were other costs with the City doing a number of the recommendations in the report. He supported adding a Child Care Element to the Oeneral Plan, but he fdt the City needed to do it right. He was unsure if they were overlooking some potential hazards in going ahead without more specifics. In regards to the community purpose facilities, it was his understar,ding 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 us<> of those sites for private for-profit day care facilities. It was intended to allow those community purpos<> facilities to have designated sites within the master planned communities because they were not hdng provided when the ordinance was adopted. Council member Padilla fdt 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 rductant to support anything when the fiscal impact had not been analyzed in advance. He would support conditionally approving the 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 incl uded. MS (MootlHorton) to adopt Resolution 17845 and conditionally approve the Child Care Element as an addition to the General Plan with the additions ol1'ered by Councihnembcrs Fox and Rindone. Staff is to go forth in preparing the implementation policies with the tiscal impacts and hring back to Council for final approval. Councilmember Padilla questioned 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 time, i.e. similar to the implementation of the City's Housing Element. As part of the budget process staff would return to 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 receive the liscal 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 sbould be spent on the item and what the priority would be. 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 care. Mr. Boogaard stated if Council wished to word a proposal that said to work in partnership with non-profits for affordable child care tbat 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 stated he would support the motion as it included those revisions to Item 6 on page 60. VOTE ON MOTION: approved unanimously. ORAL COMMUNICATIONS . Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated there would be a city-wide graftiti out on 5/13/95 and they challenged the City to 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 tor trolley passes and identification. BOARD AND COMMISSION RECOMMENDATIONS 15. Recommendation by the International Friendship Commission to have the City Council fonnally request Sister Cities International to designate Ussuriysk RIL,sia as Chula Vista's Fourth Sister City. Re<:ommendation is based on: 1) that there are a significant numher 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 memhership; and 3) that the 'Friends of Ussuriysk' appear to be moving toward a program of self supported activities that would ""nefit the community. (Larry Breittdder, Vice Chair, International Friendship Commission) · Carol Dysart, Vice Chair, International Friendship Commission, stated there had heen an ongoing interest for over one year in fonning a Sister City relationship with Ussuriysk. As a result of the trip hy the fonner Mayor and Eduardo Serrano there has heen 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 presentation to Council regarding his trip. Ms. Dysart stated a newsletter had heen included in the agenda packets. Mr. Nader and Mr. Serrano had reported to the IFC and the Friends of Ussuriysk. Mayor Horton felt the item should"" postponed until the hudget 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 memhers of the IFC and memhers of the community they did not t""lthere would be any further budgetary requirements. Funds Were heing raised hy the Friends of Ussuriysk and they hoped to show that a community could be sdf-supporting in those types of activities. Mayor Horton requested a copy of the hudgetary projections, what had heen done up to the present time, and where they anticipated going in the future. Councilmernber Moot suggested that the re<.]uest be brought hack tor consideration when the fiscal impact was included. Councilmember Fox stated there was an infonnational memo from the City Manager which stated he could not at the present time put a figure 00 the request hecause the program had not r"'luested funding for activities held. Mr. Morris stated the budget manager and she had met with the Commission and the inlormation she re<:eived was that they were not requesting additional funding at the present time ami could live within their existing appropriation. Councilmember Moot questioned how the other sister city programs Were haOllloo. Mr. Morris replied that the IFC was fundeJ with a total hudgd 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 for additional funds or donations. Councilm~mher Rindon~ fdt everyone want~d to tind a way to make it possihle and th~ huJgdary issue was one aspect. He was concerned ahout the implications on the existing sister city program if a new sister city was added. Questions such as: 1) was there a desire to continue with the existing sister citi~s; 2) at what level; and 3) what Minutes March 21. 1995 Page IS participation was planned in th~ future for th~ thr~ citi~s should h~ answeroo.. It was not the number of sister cities but the quality of participation. That information was not before Council and he would not be willing to add another sister city until those issues were addressed. Councilmemb"r Padilla stated he was uncertain there was a sigmficant fiscal issue. He felt if Council requested additional infonnation there should be a time line as the Mayor of Ussuriysk would be visiting Chula Vista in June and the issue should be seuled prior to that visit. Council member 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 Roea. He felt Chula Vista would not only benefit from the cultural contacts but also economic development. MS (Fox/Padilla) to accept the International Friendship recommendation to have the Council fonnally request Sister Cities International designate Us.suriysk Russia a.< Chula Vista's fourth sister city. There is to be no additional costs associated with the rdationship, the IFC is to maintain nr enhance the level of relationships with Odawara and Irapuato, and the IFC is to make recommendations on the City's future relationship with General Roea, 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 Councilmember was expected to visit the sister city and she questioned if that would be paid for out of the sister cities fund rai~ing. . Paul Catenzaro, Member, International Friendship Commission, respomled that was correct. They were looking for the 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 what 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 approached the sister city relationships and the lack of community involvement. Mayor Horton questioned what the procedure would be 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 ofticial request to Sister Cities International. 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 G racers to U ssuri ysk. Councilmember Rindone stated the comments by M r. Catenzaro was the type of input Council had requested when the item had been 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 thr~ sister cities. He felt there was time to address those issues and he would support the r"'luest when that information was hrought forward. VOTE ON MOTION: approved 4-1 with Rindone opposed. ACTION ITEMS 16. RESOLUTION 17846 DIRECTING THE CITY MANAGER TO BEGIN PROCEEDINGS FOR THE FORMA nON OF A REIMBURSEMENT DISTRICT FOR 260 PLAZA BONIT A ROAD - On 11/24/92, Council approved the Pier I Import proiect at 300 I Bonita Road. As part of that approval, Council directed staff to complete street improvements from Plaza Bonita Road to the (-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 pennits from the Corps of Engineers and Ihe Regional Water Quality Board. Staff r""ommends approval of the resolution. (Dir""lor of Puhlic Works) Clifford Swanson, Depuly Dir",.tor of Public Works/City Engin""r, informed Council staff had r""eived a leller from Todd Lee, an attorney for Jose Gonzales, advising the City that his client was willing to grant the easements subjecllo working out Ihe details concerning utilities, existing easements, etc. Mr. and Mrs. Gonzales had met with staff 10 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 the resolution because of the imporlance of the proj""t and advertising it and awarding it before June 30th. It would indicate Council's willingness for staff to move in that direction if necessary. RESOLUTION 17846 OFFERED BY COUNClLl\1EMBER FOX, r'"lding of the text was waived, passed and approved unanimously. 17. REPORT by staff. UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given John Lippitt, Director of Public Works, informed Council that staff had r""eived the hill from the City of San Diego for the first three-quarter payments for sewer service and also for the tirst payment of the front-ended charges in the amount of $5 miHion. 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 CALENDAR Items pulled: 5b and 6. The minutes will rell""t Ihe published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORTlSl a. Scheduling of m""tings. Mr. Morris stated the 1995 Youth Summit would he held on March 29th al 5:30 p.m. in the Chula Vista Library. Staff was in lhe process of planning a legislative day for Chula Vista and they would invite the area representatives to attend a hrieting on issues of importance to the City. 19. MAYOR'S REPORTlSl a. Ratification of appointments: Amira Walker - International Friendship Commission; Jon C. Thornburg _ Resource ConselVation Commission. MSUC (Rindone/Fox) to ratify the appointment of: Amira Walker - International Friendship Commission; Jon c. Thornburg - Resource Conservation Commission, b. Mayor Horton announced that the Senior Volunt""r Patrol would expand hy thirty additional members. The City was seeking additional volunteers and th~ academy for th~ next class would hegin on Monday. April 10. 1995. 20. COUNCIL COMMENTS Counrilmrmher Rindone a. Councilmember Rindone stated be would he out of town t<>r the 3/28/95 and 4/4/95 meetings and requested the absences be excused. l\lSUC (Padilla/Moot) to excuse Councilmember Rindone's absences em 3/28/95 and 4/4/95. . . . . Minutes March 21, 1995 Page 17 AD JOllRNMENT ADJOURNMENT AT 9:35 P.M. to Ih~ R~gular City Council M""ting on March 28, 1995 al6:oo p.m. in th~ Cily Council Chamb~rs. A Joinl Meeting of Ihe City Counci\lRed~velopm~nl Ag~ncy convened al 9:35 p.m. and adjourned al 9:39 p.m. CLOSED SESSION Council met in Closed S~ssion al 9:43 p.m., reconv~ned at 10:35 p.m., and adjourned allO:36 p.m. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Goverrunent Code Section 54956.9 . City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Dal~y Rock Quarry. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Significant ~xposur~ 10 liligation pursuanllo so"division <b) 01 Section 54956.9: I. . Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant 10 Government Code Section 54957.6 . Ag~ncy n~gotiator: John Goss or d~sign"" I(lf CVEA, WCE, Execuliv~ Manag~m~nl, Mid- Management, and Unrepre~nt~. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employ~: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION R~speclfully submilled, . BEVERLY A. AUTHELET, CMC/AAE, City Cl~rk ~. ~j: by: . . . ..