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HomeMy WebLinkAboutcc min 1991/07/09 a OF A REGULAR lVIEETING OF THE CllY' OF CHULA VISTA Tuesday, July 9, 1991 Counc~ Chambers 6:00 p.m. Public Services Bufiding CAI J.RD TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Malcolm, Moore, Rindone, and Mayor Nader. Counc~woman Grasser Horton was sworn in at 6:10p.m. ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttoruey; and Beve~y .~ Authelet, City Clerk 2. PLEDGE OF ,,~IJ.E. GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: May 21, June 5, June 8, June 10, and June 22, 1991. MSUC (MoereyNader) to approve the minutes of May 21, June 5, June 8, June 10, and June :22, 1991 as presenteeL 4. SPECIAL ORDERS OF THE DAY: Mayor Nader informed the public that the Council had made a unanimous decision at the meeting of july 8, 1991 to appoint Shirley Grasser Honon to f'~l City Council Seat #3. MSUC (Nader/Maleolm) the searing in of Shirley Gmssec Horton was an item that was not available at the time the agenda was prepared and was not an item that should be put off to the next meeting. Approved unanimously. ' I Yq~,5 Councilwoman Grasser Horton thanked her colleagues for their support and confidence. She then introduced her family and business partner. She recognized her primary responsibility as being a representative of the citizens of Chula Vista and would try to achieve what she felt would be in the best interest of the City. Like the rest of her colleagues she would like to preserve the quality of life for the citizens and supported the quality of life thresholds to achieve those objectives. As the second largest City in the county, she felt the citizens should be provided cultural and recreational opportunities. She then submitted her letter of resignation as Chah'person of the Planning Commission. Mayor Nader and Councilmembers welcomed Ms. Honon and thanked her for her willingness to serve the community. All applicants were thanked for theh' interest and participation in the selection process. a. Prodalmlng the month of July as *Parks and Recreation Month* - Proclamation was presented by Councilman Malcolm to Jess Valenzuela, Director of Parks and Recreation. b. Recognition of Foreign Exchange Studem~ from Irapuato, Mexico - Certificates of Recognition will be presented to: Carlos Pacheco'Tirado, Orlando Herhandez, Rose k Ramirez Ochoa, Francisco Mosqueda Gallogos, Salvador Carillo Cueva, and Adriana CorteS J., Coordinator. Minutes July 9, 1991 Page 2 Mayor Nader stated that the presentation of Certificates of Recognition would be at the Council meeting of 7/16/91. C. Prodsreal:ion commending E.R. kslnns upon his retirement from the City of Chula Vista. City Manager Goss accepted the proclamation on behalf of Mr. Asmus. CONSENT CALENDAR (Items pulled: 17 and 18) Mayor Nader stated that staff had requested that Items 8 and 13 be continued to a future meeting. Councilwomen Grasser Horton stated since being notified of her appoinnnent she had diligently attempted to familiarize herself with the agenda. Some of the matters had been on the Planning Commission agenda and therefore she felt comfortable in participating in those items. She would abstain from participation and voting on the following items: 8, 9, 17, 18, 19, 21, 22, and 23. BALANCE OF THE CONSENT C~T.RNDAR OFH~SD BY COUNCILMAN MALCOLM, reading of the text was waived and passed unanimously with Councilwoman Grasser Horton absrainlng on items 8, 9, 19, 21, and 2.3. Items 8 and 13 were continued. 5. INPd-I-I-F.N COMMUNICATIONS: a. Letter of Resignation from the International Friendship Commi~Lsion - SUSan Martin. Staff recommends that Susan Martin's resignation be accepted with regret and a letter of appreciation be sent. b. Letter of Resignation from the C:hfid Care Cornmlssion - Jeanne R. Arnold. Staffresommends Jearme Arnold's resignation be accepted with regret and a letter of appreciation be sent. /~z/~ 7 c. Letterreques~ngthedosureofl/10ofamileof(XayLakesRoadonSaturday, September 28,1991 from 7:00 a.m. to 5:30 pan. for Bonltafest - Molly Cavanaugh, Chairwoman, and T. Pat Cavanaugh# Vice President, Bonita Business and Professional Association, Post Office Box 284, Bonita, California. Staff recommends that the request be referred to traffic engineering and the Safety Commission for consideration and report back. /'~/6~ d. Letter requesting support of proposal to operate the new youth facility being constructed on the Chula Vista High School earnpus - Benjamin Richardson, President, Boys and Girls Club of Chula Vista, 1301 Oleander Avenue, Chula Vista, California. Staff recommends that the letter be acknowledged and that it be considered when the overall issue of programming the youth community center is considered. e. Letter requesting waiver of license requirements for the Tiffany FrA Fair on November 16, 1991 Claudie D. Gardinier, Craft Fair Chair, Burton C, Tiffany Elementary School. Staff recommnends that, consistent with previous years' actions, Council approve waiver of the business license fees. l~7o L Letter requesting waiver of Design Review fees for the New Worship Center - John T. Siguruson, Project Architect for the Risen Savior Lutheran Church. Staff recommends that, in accordance with Council policy adopted by Resolution No. 13360, the fees be waived. /-,/~7/ g. Petition requesting the installation of a stop sign on Country Vistas Drive at the interseclion of Crestview Drive, in Bonita Leng Canyon (northern corner) - Submitted by Dr. and Mrs. Robert Baker, 1481 Minutes July 9, 1991 Page 3 Rimcrest Court, Bonita, California. Staff recommends that the request be referred to traffic engineering ~nd the Safety Commission for review. /;fq 7~ [ 6. ORDINANCE 2466 ADDING CHAFIERS 3.14 aud 3.20, AMENDING SECTION 3.16.010, REPEALING (2-tAFI~R 3.20, TITLE 13 AND CHAFrERS 13.04 THROUGH 13.44 OF ~I'fLE 13, ADDING A NEW 'II'ILE AND NEW CHAPTFjLS 13.02 THROUGH 13.14 THEREIN, ADDING A NEW 'lrrLE 14 AND RENUMBERING CHAFrF. RS 13.48 THROUGH 13.68 TO THE CHIJLA VISTA MUNIaPAL CODE RF-IATING TO SEWERS AND WATERCOURSES (second reading and adovtion) (Director of Public Works) 4/5th's vote required. /e~23 ] 7. ORDINANCE 2467 APPROVING AND ADOPTING AMENDMENT NUMBER ONE TO THE CHULA VISTA REDEVELOPMENT PLAN AND PROJECT AREA FOR THE SOUTHWEST REDEVELOPMENT PROJECT (second reading and adoorion) (Director of Community Development) /~'q- · o Continued to the meeting of 7/16/91. approved a six month interim agreement for video produet'ion of Council meetings until a formal Request for Proposal could be completed, Staff has completed that process and negotiated the proposed agreement with Ace Video Productions for a contract with an initial three-year term commencing on 7/15/91, Staff recommends approval of the resolution. (Deputy City Manager Thomson) 1~'~/7~ CouncfiwOm~n Grasser Hor[on abs~{ned from City Attorney Boogaard stated that a sentence would be added to the contract which would state 'no editing of contract would occur without approval of the City'. 10 RESOLUTI ON 16230 REVISING SALARY BANDS FOR EXECLrrIVE MANAGEMENT PERSO 11. RESOLUTION 16231 APPROVING AG~EFI,~2qTS GRETCHEN EVANS LIBRARY CONCERTS, UI~ 1 ,~D NATIONS DAY COMMrffl':,~-, CHULA VISTA HUMAN SERVICES COUNCIL AND THE Q-IULA VISTA JAYCEES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED, ~ AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~MENTS - The 1991/92 budget includes funding af various Community Promotions organizations. The Council considered requests from these groups at the 6/10/91 budget session and app~oved funding in the following amounts: 1) Chula Vista Jaycees $9,880, 2) Gretchen Evans Library Concerts $1,560, 3) U,N. Day Committee $380, and 4~) Human Services Council $3,500. Staff recommends ,/ approv,~ of the resolutions. (City Manager) Minutes July 9, 1991 Page 4 12. RESOLUTION 16232 DE(2,ARING CERTAIN COMMISSION OFFICES VACANT NUC PRO TUNC FOR FAILURE TO FILE STATEMEN'I~ OF ECONOMIC ~ - On 2/12/91, Council added 14 new Boards and Commissions and 114 new persons requited to file annual Statements of Economic Interest. Those who have not filed are: Sue Miller, Library Board of Trustees, who objected to the filing requitement on philosophic grounds; and Carlos Batara, Char~er Review and Robert Gordon, Human Relations Commission, who have been non-responsive to demands to file and non-participatory in theit respective commissions. Fines were imposed for these late fliers by the City Clerk of $10.00 per day with a statutory maximum of $100.00. The City Clerk and City Attorney believe that, as a policy matter, it would be unproductive to engage in further enforcement efforts in order to obtain complete compliance. Staff recommends approval of the resolution. (City Clerk and City Attorney) 13. RESOLUTION 16233 RA'I1PYING AGP~RMEN'r WITH JOHN BURNHAM AND COMPANY FOR BENF2qT CONSULTING SERVICKq AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGBRRMENT - Six proposals for benefit consulting services were received and evaluated by a Health Insurance Committee. On the basis of the Committee's evaluation, it is recommended that John Bumha & Company be retained as consultant for the City's various employee benefit programs. Staff recommends approval of the resolution. (Director of Personnel) Continued to the meeting of 7/16/91. 14. RESOLUTION 16234 AUTHORIZING LEASE OF COMMERCIAL OFFICE SPACE FOR THE WOODLAWN PARK LIBRARY - The resolution extends the lease for the Woodlawn Park library for the period of 7/1/91 through 6/30/92. Staff recommends approval of the resolution. (Library Ditector) I~'q~/ 15. RESOLUTION 16235 APPROVING AND RA'I1P'YING THE CON'TRACT FOR LOAN GUARANTEE ASSISTANC-~- WITH THE UNI'IwD STATED DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (l-flJD) AND THE 1991-A FISCAL AGENCY AGREEMF./~ WFIH CI-IEMICAL BANK; AUTHORIZING ISSUANCE OF PROMISSORY NOTF~ FOR $750,000; APPROPRIATING THE pROcE-~-I~S OF SAID LOAN TO THE NORMAN PARK SENIOR CENTER RENOVATION PROJECT; AND THE RF.d~pROPRIATING PREVIOUS YEARS COBG FUNDS FOR THE LOAN ORIGINATION CHARGES AND FIRST INTEREST pAYMF. NT- On 12/18/90, the City awarded the contract for the Norman Park Senior Center Renovation to Davidson Construction for $2.3 raftlion. At that time, the City ditected staff to initiate an application to HUD for a Section 108 loan guarantee of $750,000. On 1/22/91, the City held a public hearing and appmved the submission of the loan application to HUD. On 6/13/91, HUD approved the loan guarantee and forwarded loan documents to the City for execution by 7/3/91. Staff recommends approval of the resolution. (Ditector of Community Development) 4/5th's vote required. 16.k ~LUTION 16236 ORDERING CI-IANGES AND MODIFICATIONS IN pROCR-RrlINGS AND ~ IN ASSESSMENT DISTRICT NUMBER 90-3 (EASTLAKE GREENS - PHASE I) -/st a public hearing on 1/22/91, Council adopted resolutions approving the Final Engineez's Report and continning assessments in the amount of $24,185,852 for the EastLake Greens - Phase I Assessment District No. 90-3. The construction of the improvements to be acquired through the assessment district proceedings were not complete at the time of the public hearing and sale of bonds was deferred to a later date. This action initiates the bond sale portion of the proceedings. In conjunction wit}.. this project, W~ldan Associates has requested that the City process an amendment to theit contract which includes an increase in compensation. Staff recommends approval of the resolutions. (Ditector of Public Works) M/nutes July 9, 1991 Page 5 B. RESOLUTION 16237 AUTHORIZING CERTAIN ASSESSIVIENT DI~-XlflCT BONDS TO BE SOLD AT APUBMC SALE AND DIREr;lING A CALL FOR SEAt~n BIDS IN ~ DI~-tRICT NUMBER 90-3 (EAS'TIA~ GRF-~NS - PB/6E I] C. RESOLLrflON 16238 RA-iIP'YING FIRST AMRNDMF2CT OF WnJ~AN ~TES CONTRACT FOR WORK PERFORMED IN CONJUNCTION WITH ~ DIb-tKICT NUMBER 90-3 (EASTlAKE GI~-~-NS - PHASE I) /~Va~ 17. RESOLUTION 16239 APPROVING AG~F'J~2UIENT FOR IV~/II~flAL TESTING ~ilfl~Vl(~S FOR FISCAL YEAR 1991/92 ~ LI~ut-I~D STATES ~G COMPANY, INC. AND AUTHORIZING THE MAYOR TO E~ECLri~ SAH) AGI~RP~4ENT - The construction of quality public works infrastructure improvements depends in part, on the quality of materials used. The City has an excellent inspection staff which is complemented by contract inspectors. To make the inspectors more effective it is necessary to obtain material testing services for projects built with both public and private funds. These services provide the inspectors with the ab~ity to assure that the materials supplied to construct the project meet the project's specifications. As a result of the RFP process, staff has negotiated a contract with United States Testing Company to provide material testing services for FY 1991/92. It is estimated that the consultant will provide between 2,000 and 3,000 person hours of material testing services at a total cost of $150,000. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. I ~'~8~ Mayor Nader stated that Council would discuss Items 17 and 18 simultaneously. Councilman Malcolm questioned what was being done on 'H' Street in front of the Tierra Nova Center where the asphalt is breaking up. Clifford Swanson, City Engineer, responded that the area would be reconstructed and resurfaced. This would be the responsibility of the City. John Lippitt, Director of Public Works, responded that some of the problems were the result of the design regarding the landscape medians. The damage was mainly due to water, not materials. Mr. Swanson stated that staff had reviewed the design standards for the medians and has changed them. Councilman Malcolm referred to the consultant rate of $50.00/hour (Item 18) and questioned whether someone could be hired by the City cheaper. City Manager Goss responded that if the City hired inspectors, it would result in lay-offs during periods they were not needed. Mr. Swanson stated that the contract also included vehicles furnished by the compan~ as well as supervision provided. Councilman Malcolm felt it was the responsibility of the Council to see that the citizens of the City had affordable housing. He expressed his concern over the fees currently being charged to new homes and felt the City should monitor the rising fees. RESOLUTIONS 16239 AND 16240 pLAten ON ~ READING BY COUNCILMAN MALCOLM, reading of the l~_xt was waived. Minutes July 9, 1991 Page 6 Councilman Rindone stated that the contract was not included in the agenda packet for Council review and he would therefore request that Item 18 - Resolution 16240 be continued for one week, AMENDMENT TO MOTION; (Maleolm/Nader) to continue Item 18 - Resolution 16240 to the meeting of July 16, 1991. Approved 4-0-0-1 with Councilwoman Gx'ass~ Honon abs~ining. 18. RESOLUTION16240 APPROVING AGIIRF_~ FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICl;_q FOR FISCAL YEAR 1991/92 WITH BSI CONSULTANTS, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGIH~EMENT - The Council in conjunction with the FY 1991/92 budget approval process authorized staff to obtain conwactual construction inspection services to meet the current construction activity demand. As a result of the RFP process, staff has negotiated a contract with BSI Consultants, Inc. to provide the public works construction services during FY 1991/92. It is estimated that the consultant will provide between 2,000 and 4,000 person hours of consauction inspection services at a Wtal cost of $202,000. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. /5~-f37 Continued to the meeting of July 16, 1991 - Coune~womnn Gra~er Honon abstained from voting. 19. RESOLUTION 16241 APPROVING A CONTRACT FOR PERFORMANCE OF PROFESSIONAL SERVIr~-~ BY A CONSULTANT FOR METROPOLITAN SEWERAGE SYS-i-~M MAt i~alS AND criY SEWER MA-i-i-~qS - The City of San Diego is in the process of designING and upgrading the Metro Sewerage System to be in conformance with EPA discharge requirements. Such a project will require the services of a knowledgeable consultant who can assist City staff with planning and review. It is proposed that the City enter into a new agreement with William Harshman, to replace the contract which expired on 6/30/91. Staff recommends approval of the resolution. (Director of Public Works) 1 :~¥~ ColnlC~WOmnn ~ Horton abstained from voting. 20. RF_SOLUTION 16242 A~G REPORT AND DECLARING THE UI-tY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NUMBER 24 AND SE-t-I'ING THE TIME AND PLACE FOR HF_AR~G THEREON - On 5/28/91, Council initiated the proceedings for the formation of Open Space Maintenance District No. 24, Canyon Views, and ordered the City Engineer to prepare and file a report in accordance with the Streets and Highway Code. The report is now before Council for review. Staff recommends Council 1) approve the Engineers Report, 2) approve the resolution declaring the Counc~'s intention to form the proposed district in accordance with Section 17.07.020 of the Municipal Code and Section 22587 of the Streets and Highways Code, 3) direct the City Clerk to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code, and 4) set July 23, 1991 at 6:00 p.m. as the date and time for public hearing. (Director of Public Works) / 21. RESOLUTION 16243 AUTHORIZING THE u'IY ENGINEER TO EXECUTE, ON BEHALF OF THE CrI'Y, AN AGR~RMENT REGARDING pROPOSID b-rKEAM OR LAKE ALTERATION WITH THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME - The Council at their meeting on 6/18/91, awarded the contract for 'Widening of Telegraph Canyon Road/Otay Lakes Road from Apache Drive to Rutgers Avenue and Channel Improvements" to Erreca's Inc. Before the contractor c.~n start work, the City is required to enter into a stream or lake alteration agreement with the State of California Department of Fish and Game under Section 1601-1603 of California Fish and Game Code. A portion of the project includes the Minutes July 9, 1991 Page 7 realignment of the Telegraph Canyon Creek and the re-establishment of wetlands. Staff recommends approval of the resolution. (Director of Public Works) /~q~c2 COundwom~n Grasser Hotton abstained from voting. 72. RESOLUTION 16244 ~G INTO A PFIMIT AND HOLD HARb~J~-e,S AGPR~MF..NT WITH THE ~ATER AUTHORITY - The Sweetwater Authority has a 30-foot utility easement along Sweetwater Road where grading for the athletic fields in the Rohr Park Improvement Project Phase I has encroached. Staff recommends approval of the resolution, (Director of Parks and Recreation) COLlrlCfiWOm3n Grasser Horton abstained from voting. 23.A. REPORT INSTALLATIONOFPROTECTIVECOVERINGATORANGF./RIENSTRApARK - The Department received a Council referral concerning a complaint from Tom MartS, a coach of a South Bay Little League team using Orange Rienstra Park, regarding a potential hazard at the field site, A report was presented at the 6/4/91 meeting but was deferred to the 7/9/91 Council meeting. Staff recommends 1) Council accept the report and approve the resolution, and 2) the City and the Little League enter into a funding partnership for the funding of the project. (Director of Parks and Recreation) /~9,t Councilwoman Grasser Horton abstained from voting. B. RESOLUTION 16245 APPROPRIATING FUNDS FOR PROTEL'fiVE COVERING AT ORANGE/RIENSTRA PARK - 4/5th's vote require& * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RFj.~TED RESOLUTIONS AND ORDINANCES 24. PUBUC HEARING CONSIDERATION OF WATER CONSERVATION PLAN AND AIR QUALFfY IMPROVEMENT PLAN FOR RANCHO DEL REY SPAS II AND Hi; CONSIDERATION OF RANCHO DEL REY SECTIONAL PLANNING AREA HI DF. SIGN GUIDEUNES; PCS-90-02; REQUEST TO SUBDIVIDE 404.9 ACRES ICNOWN AS RANClIO DEL REY SECTIONAL PLANNING AREA HI, CHULA VISTA TRACT NUMBER 90-02 LOCATED BETWEEN EAST *l-r ~ AND T~I~GP, APH CANYON ROAD, IMMEDIATELY SOUTH OF RANCHO DEL REY SPA I: RANClIO DEL REY PARTNERSHIP - The tentative map for SPA III includes 405 acres located between "I-P Street and Telegraph Canyon Road and immediately west of Paseo Ladera. The project includes lotring for 1,380 dwelling units, a 26+ acre Junior High School site, a 10.8 acre park, and a community purpose site of nearly two acres as well as 148 acres of open space. The SPA plan for this project was approved in January of this year. Included in the request for approval ~re design guidelines, an air quality plan, a water conservation plan, and a mitigation monitoring program. Staff recommends Counc~ recertify that the final EIR-89-10 for Rancho Del Rey SPA III has been prepared in compliance with CEQA, the State CEQA guidelines, and the environmental review procedure of the City of Chula Vista; and adopt the following resolutions. (Director of Planning) Public hearing was continued from the June 18. 1991 meeting. Councilman Malcolm stated that within the last 60 days his profit sharing plan obtained a small amount of Home Federal bonds. He had nc;t received a decision'~om the FPPC and therefore he had been advised by the City Attorney to abstain from participating and voting on this item due to a possible conflict of interest. Minutes July 9, 1991 'Page 8 City Attorney Boogaard stated that Councilwoman Grasser Horton had stock investment in the parent company of the joint venture partner on this item and was therefore advised that she should abstain from participation and voting in order to avoid a conflict of interest, Mary May from Lattleri/MeIntyre reviewed the tentative map, water conservation and air quality plan, and design standards. Betty Dehoney, P and D Technologies, reviewed the environmental report and related issues. Ms. May stated that staff had received two written eornmunieations regarding this project. One was from MeMillin Company discussing the water conservation plan, park and ride facilities, and the parkland dedication calculations, Staff feels the wording reeornmended regarding the water conservation plan would restrict the Couneil's options in adopting and implementing a local water off-set program and would recommend no changes to the condition as it is currently worded, Staff will be bringing an interim water off-set policy to the Interagency Water Task Force for review, Regarding the park and ride facility, staff feels that it would be appropriate to consider the development of a master plan and financing of such plan, Because there is no such plan in place at this time they felt the condition requiring a park and ride facility would be appropriate, They would support the addition of language to Condition #56 which would state *requirements of this condition may also be met by dedication, improvements, and/or financial par~eipation in a park and ride farility at the sole discretion by the City Council, The Parks and Recreation Department is currently reviewing the dedication calculations/population factor for senior housing projects and the project would be subject to whatever parkland dedication requirements are in place when the project develops, The second letter was received from Alan Olsen regarding the usage of a construction road near his home, Staff has worked with the property owner and has drafted a condition which is included in the draft tentative map resolution, · City Manager Goss stated that the fire station and training tower was included in the fire master plan, Previous information transmitted in the CIP budget was in error as it was his understanding that the developer of the project would front the cost of the station and training classroom with the costs being reimbursed by the development impact fees, He had now been informed by staff that their only commitment was the development impact fee that would be required from this project for the fire station, which would cover only half the cost of the fire station, He would prefer to have them front the cost of the project but it is his traderstanding that they are not required to do so, Mayor Nader questioned whether the condition could be amended to reflect the original understanding by City Attorney Boogaard responded that there was a nexus problem with making it a condition on the tentative map, He had been advised by staff that the CIP program would only relocate Fire Station No, 4 over further on *IF Street but that service levels were eurrently being met by the current station location, There were suggestions that a sim~ar result could be achieved by revising the DIF to include an interest component for that fire station reloeation and then offering in exchange for frontlng the money, an interest value, There is also the possibility of changing the thresholds to state that a regional delivery of fire services is a new threshold standard, It is ettrrently phrased in response times, Mayor Nader questioned why the Fire Station was being reloeated if it was not needed to meet current l~vels, City Manager Goss responded that the new location would be necessary as staff was planning for the entire community, Currently there is no difference in service level but there will be upon build. out, This is Minutes July 9, 1991 Page 9 normally negotiated in a development agreement but the developer had not expressed interest in a development agreement at this tLrne. Mayor Nader stated he tended to agree with stafi's recommendation regarding the water conservation plan. He expressed concern that the City could adopt a plan and then have the water authorities adopt a plan in conflict. He questioned whether an amendment could be made which stated that any City approved plan the developer would be held to would not be in conflict with, or require, measures inconsistent with any plan adopted by the water authority. Robert Leiter, Director of Planning, responded that the intent was that the City would adopt an overall policy that would take into account any regional program or additional requirements that the City may want to impose. Staff would agree with his proposed clarffication, Mayor Nader stated that after Rancho del Rey SPA I and lI had been approved, complaints had been received from impacted property owners outside of the 300 foot legal noticing requirement. He noted that Council had adopted a policy which called for expanded noticing when it would appear that property owners outside of the legal requirement would be impacted. Mr. Leiter responded that all projects were reviewed on a case by case basis and staff felt that the 300 foot requirement had been a good distribution. Staff had mailed out over 500 notices to property owners. This being the time and place as advertised, the public hearing was declared open. Ken Baumgarmer, 2727 Hoover Avenue, National City, CA, representing McMillin Communities, spoke in support of the staff recommendations. McMfllin had notified over 1,200 people when SPA III had been presented. Since that time two forums had also been held. Comments in the letter submitted to Council regarding the water conservation plan were related to the Council's position at the last meeting. He would defer to Council's decision on this issue and noted they were very supportive of the Interagency Water Task Force, Their concern was over the interjurisdictional problem between water agencies. The park and ride facility was also a concern due to the specfficity of Condition #56. The amendment proposed by staff does not completely meet their concerns as the MTDB Transportation Plan lists several alternate sites. They were concerned that the condition would not allow for the selection of the best site. Mr. Leiter stated the amendment pinned the location down to that site or a site to be determined through a master plan for eastern Chula Vista. Staff would support an additional phrase that would say 'the specific site on the plan or another designated that would meet the approval of the City or this regional plan~. Mr. Baumgartner responded that the amendment as clarified would be satisfactory. The concern over the park dedication was regarding the factors that were used for population to determine acreage. The response that the parks and Recreation Depax h~ent is reviewing that formula is a sufficient answer to their concern at this time. The issue of the fire station came as a surprise as the Public Facilities Financing Plan clearly spells out that they would pay the fees. MeM~lin has been discussing the potential of a development agreement with the City and are interested in it at this time. Coune~rnan Rindone requested elarLfication regarding the issue of parkland. Mr. Leiter responded that the current parkland dedication ordinance does not differentiate senior housing projects so the calculations done up to this point have been based on the current ordinance. If the Parks and Recreation Deparnnent recommend changes in the ordinance, it would be applicable to this project. Minutes July 9, 1991 Page 10 Mayor Nader questioned whether McMillin would accept a new tentative map condition that would address the issue of a development agreement. Mr. Baumgartner responded that he could support that amendment in concept. It was his understanding that the development agreement would only be related to the issue of the fire station. 'City Attorney Boogaard stated the consequence would be that no final map would be recorded until an agreement was reached. Mayor Nader stated he had been advised by the City Attorney that language should be added that would include a waiver by the developer of any later claim that adoption of a water consention plan would not :create an unlawful or unenforceable condition of the tentative map. Mr. Baumgarmer responded that this had also been done for the transportation plen and a series of plans that were under development at the time of previous approvals. Mr. Leiter responded to Councilman Rindone's question regarding parkland. The City's parkland ordinance had been amended after the specific plan was adopted which created a higher parkland requirement. The originai master plan for the project contained sufficient parkland based on those standards. Af-ter mended to a higher standard it resulted in a deficiency. Staff recommended a condition that would take care of this :through a combination of fees or additional land dedication. Councfiman Moore felt that information should have been presented to Council in print rather then verbaily during the meeting. This was not the way the City should do business end he was disappointed in the verbal presentations and conditions. Mark Wanon, 10595 Jamacha Boulevard, Spring Valley, CA, supported the recommendation that the water issues be referred back to the Interagency Water Task Force. The water problem was a regional problem and he felt it should be dealt with on a regional basis. If a regional approach could not be agreed upon, an equitable local program should be worked on involving the City and the water agencies serving the City. Mayor Nader expressed his concern over the number of property owners that were notified of the public hearing. He realized that the notices mailed complied with state law but did not feel it complied with Council policy. He questioned the procedure that should be taken if Council chose to notify other property owners of a public hearing. He commended the developer on the noticing efforts but felt the City had an independent responsibility. City Attorney Boogaard responded that the public hearing should remain open and then be continued to a specific date. Public comment should be suspended in order to allow the Council discussion on this item. Councilman Moore felt that a map should be included with projects which include tentative and alternate routes, consnmction period, deliveries, and equipment. Mayor Nader stated that due to the number of issues raised tonight and the noticing of property owners, he would suggest that the public hearing be continued. City Attorney Boogaard stated that on the tentative map resolution he recommended Condition 53.5 which would state 'developer and city shall have entered into a reimbursemen~ agreement which addresses fronag the entire costs of relocating Fire Station No. 4. Condition 71 should State, at the end of the first sentence, *including the duty to pay the fee in effect at the time the building permits are issued*. Condition 77 should :state *the developer shall agree to waive any claim that the adoption of a final water consezvation and/or Minutes July 9, 1991 Page 11 air quality plan shall constitute an improper subsequent imposition of a condition". The environmental consultant had also reconunended a condition regarding the construction traffic and park and ride which are contained in the tentative map resolution. An additional line should be added to Condition 56 which would state 'the specific site shall be in the vicinity of the site indicated or an alternative site possibly off the territory of the tentative map which meets with the approval of the City*. MS (Moore/Nader) to approve the recornm,~lded anlevdmants to Conditions 53.5, 56, 71. and 77 as presented by staff. Mr. Baumgardner questioned the mount of the reimbursement agreement. City Attorney Boogaard stated the developer would be credited with the difference between the DIF contributions for that component and actual costs of construction. If the costs were $878,000 they would pay DIF charges of $300,000 then they would front the difference and be reimbursed as new projects came on line. Mr. Buamgardner questioned Whether the interest component would be pan of the reimbursement agreement. He also questioned whether there would be a priority regarding the reimbursement of DIF fees. City Manager Goss responded that to his knowledge there were no other projects claiming fire DIF funds. Mr. Baumgardner stated their concern was that additional fac~ities could be added above the requirement of a standard fire station. :. City Attomey Boogaard responded that the reimbursement agreement would be based on 'fair share'. Mr. Baumgardner felt comfortable with what was being proposed tonight and felt the specifics could be worked out in the negotiations of the reimbursement agreement. VOTE ON MOTION: approved 3410-2 with Couneihnetnbets Grasser Horton and Malcolm abstaining. MOTION: (Nader) to continue the public hearing to the regular meeting of August 13, 1991 and direct staff to renotice the hearing. The notice is to include all residents as notified by the developer. Motion died for lack of second. Councfimen Moore stated that the legal noticing was done, staff had reviewed this individual case and felt the noticing requirement was sufficient, and the Planning Commission had also held a public hearing on the project. He felt the system was followed even though it would have been preferable to expend the noticing. Councilman Rindone stated that a reasonable effort had been made by staff. The noticing did fulfill the legal requirements. It was his reaction that because the Council had been proactive in requesting a previous delay and no one was present to object, that Council should move forward with the project. He felt that a forrealized policy should be brought forth regarding additional noticing requirements in order to resolve this issue. RESOLUTIONS 16218, 16219, 16220, 16221, 16~9.# 16223, AND 16224 OFFERED BY COUNCILMAN MOORE, reacting of the text was waived. Mayor Nader questioned whether any of the resolutions other than Resolution 16222 required a public hearing. Minutes Jttly 9, 1991 Page 12 City Attorney Boogaard responded that a public hearing was not required for the other resolutions. Mayor Nader requested that Resolution 16222 be withdrawn from the motion and voted upon separately. VOTE ON RESOLI/IIONS 16218, 16219, 16220, 16221, 1679% AND 16224: approved 3-0-0-2 with Coll~'lmpllxbe~s Grasser Hotton and Malcolm abstnlnlng. Mayor Nader stated that he felt wider notice should have been done, especially since this was an innovative approach. VOTE ON RESOLUTION 16~: failed 2-1-0-2 with Mayor Nader voting no and CotlDeilm~llbers Grasser Hotton and Malcohn abs~inlng. City Anomey Boogaard stated Council had the option to continue the public hearing to a date certain. MS (Rindone/Nader) to continue the public hearing to allow ample notification time. AMENDMENT TO MOTION: (Rindone/Nader) to continue the public hearing to the meeting of August 13, 1991. City Manager Goss stated that staff could complete the expanded mailing in one week and would be prepared by the next Council meeting. Councilman Rindone recommended holding the meeting on July 18, 1991 immediately after the Redevelopment Agency Meeting. Notice is to specify 4:00 p.m. VOTE ON MOTION AS AMENDED: to continue the public hearing to the meeting of July 18, 1991 at 4:00 p.m. Notices are to be mailed to all property owners previously noticed by the City and McMnlin Company. Approved 3-0-0-2 with CounenmembePs Grasser Hotton and Malcolm abstaining. The City Council meeting recessed at 8:13 p.m. and reconvened at 8:20 p.m. A. RESOLUTION 16218 RECF_/rI1P~qNG THAT THE FINAL EIR-89-10 FOR RANCliO DEL REY SPA 1]I HAS BEF2q PKEPARED IN COMPLIANCE WFrH CEQA, THE STATE CEQA GUID~..I-INES AND THE ENVIRONMENTAL REVIEW PROCEDURES OF THE u iY OF CI-IULA VISTA - This raso]ufion does not require a public hearing, but is a related item. /~ B. RESOLUTION 16219 APPROVING THE WATER CONSERVATION PLAN FOR RANClIO DEL REY SPAS H AND III WITH AMENDMF2qTS PER ATFACHMF_,IqT I C. RESOLUTION 16220 APPROVING THE AIR QUALITY IMPRO~ PLAN FOR RANCHO DE[. D. RESOLUTION 16221 APPROVING THE DESIGN GUIDF. I/NES FOR RANCHO DEL REY SPA E. RF. SOLUTION 16~ APPROVING THE TENTATIVE SUBDMSION MAP FOR RANClIO DI~ REY SPA Ill /~ F. RESOLUqlON 16223 AMENDINGTHECEQAFINDINGSF6REIR-89-10, RANCHODELREYSPA Minutes JuJy 9, 1991 Page 13 G, RESOLLrr!ON 16224 AMENDING THE MITIGATION MONITORING PROGRAM FOR EIR-89-10, RANCHO DEL REY SPA III 25. PUBLIC HEARING IK:S-91-05 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR CAMBRIDGE AT EASTLAKE GI~I~I~IS, CI-1ULA VISTA TRACT 91-O5 - ODMARK AND TI-~-I~N - In order to develop a 9-lot condominium project at the southwest comer of Hunte Parkway and North Greensview Drive, the applicant has submitted a tentative map known as Cambridge at EastLake Greens, Chula Vista Tract 91- 05., The Council previously certified EIR-86-4, which included the entire EastLake Greens SPA; therefore, the proposal is exempt from further environmental review as a Class 1Cj) exemption under CEQA. Staff recommends approval of the resolution. (Director of Planning) /~oo Ken Lee, Assistant Director of Planning, gave a brief overview of the project. This being the time and place as advertised, the public hearing was declared open. John Thelan, 1010 University Avenue #201, San Diego, CA, representing Odmark & Thelan, spoke in support of the staff recommendations. Ted Odinark and David Lorimer were also available to answer any questions the Council had. There being no public testimony, the public healing was declared closed. Councilman Malcolm stated the Council was familiar with Odinark & Thelan and that the project had received unanimous approval from the Design Review Commission. He commended the project and felt they deserved the support of the Councfi. RESOLUTION 16246 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waive& Mayor Nader stated he appreciated the two dissenting votes on the Planning Commission but did not feel their concerns would be addressed by denying the project, therefore he felt approval was appropriate. Councilman Moore referenced a problem with deteriorating median strips and watering. He felt the design requirement should be reviewed. VOTE ON RESOLUTION 16246: approved unanimously. RESOLUTION 16246 APPROVINGPCS-91-OS-TENTA'ITv'ESUBDMSIONMAPFORCAMBRIDGE AT EASTLAKE GB~NS, CHDLA VISTA TRACT 91-05 26. PUBLIC HEARING REVIEW OF CONDITIONAL USE PERMIT PCC-90-42; SOUTH BAY COMMUNITY SERVI~-~ CASA NUESTRA SHELTER AT 1515 I-nil.TOP DRIVE - uiY INITIATED - On 7/1/90, Counc~ unanimously approved Conditional Use Permit PCC-90-42 permitting the utilization of an existing single-family dwelling at 1515 Hilltop Drive as a shelter for runaway and homeless youth between the ages of 12 and 17 years. One of the conditions of approval called for a six-month review by Council. The shelter did not open until late November 1990 so the six~month review has been delayed until this time. Staff recommends approval of the resolution in order to provide for staff review and renewal in six months. I ~',~ l (DireCtor of Planning) Ken Lee, Assistant Director of Planning, reviewed the conditions placed upon this project at time of initial approval. Six letters were received regarding the shelter, four residents were not aware that the project was 'Minutes July 9, 1991 Page 14 in operation. The two others cited problems such as lack of supervision, noise and loitering. Staff at the facility did acknowledge that there had been several problems in the beginning but that they had been taken care of. In contacting the adjacent residents, staff had been informed that the problems had been addressed. Staff recommended that Council extend the permit for six months (January 8, 1992), renewal be subject to consideration by the Zoning Administrator, and noticing be reduced to 300 feet along with those submitting letters or speaking before the Council. The decision of the Zoning Administrator could be appealed to the City Council. This being the time and place as advertised, the public hearing was declared open. Kathrlm Lembo, 315 4th Avenue, Chula Vista, CA, Director of Southbay Community Services, Administrator for the Casa Nuestra Shelter, spoke in support of the staff recommendations. Mayor Nader questioned what the time restrictions would be for outdoor exercising. Ms. Lembo responded that students were not allowed on the equipment before school or after 9:00 p.m. Maureen Whitehead, 1514 Jasper Avenue, Chula Vista, CA, stated that previous problems were being addressed at this time. She had no slrong complaints and felt things were going quite smoothly. Sharon Raymundo, 1604 Jade Avenue, Chula Vista, CA, stated that many of their initial concerns had been addressed, The main concern was the staffing of the facility. She questioned who did the staff selection, guarantee of a good future staff, and screening process regarding drugs, theft, and/or gang behavior. Councilman Malcolm responded that Chief Winters was on the Board of Directors and had assured the Council at the time the permit was issued that any problems would be swiftly dealt with. Peggy Noble, 1584 Jade Avenue, Chula Vista, CA, questioned the screening, monitoring, training, and .licensing of staff. Other concerns were visitation for children, counseling and whether it was mandatory, and recreation. Ms. Lumbo stated that staff is licensed by the State and required to meet certain educational guidelines and a background check is run by the Department of Justice. Children stay for three months, four beds have recen~y been extended to five months. She then reviewed the staff positions and counselors available. There being no huther public testimony, the public hearing was declared dosed. ~LUTION 16247 OI~FI~.~..D BY COUNt~I-MAN MALCOLM, reading of the ten was waived. Noticing for the six month review is to be 1,000 feet. Councilman Malcolm did not feel the 1,000 foot noticing requirement should be kept in perpetuity but Should be required for the next one or two renewals. VOTE ON MOTION: approved unanimOUSly. RESOIJ..rFION 16247 AMENDING F'CC-90-42 - CONDITIONAL USE PERMIT FOR SOUTH BAY 27. PUBLIC HEAR/NG U'tY OPEN SPACE AND MAINTENANCE DIb't'RICTS FOR NSCAL YEAR 1991/92 - In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports Minutes July 9, 1991 Page 15 on the spread of assessments for the open space districts. The reports were accepted and the required public hearing was set by Council at its meeting of 6/18/91. Staff recommends approval of the resolutions. If the urgency ordinance is not approved, staff recommends that the resolution to levy assessments for Open Space District Nos. 3, 7, 8, 20, and Bay Boulevard Landscaping District not be approved at this time. In such case, staff will return to Council with the assessments lowered pursuant to the requirements of the current Municipal Code. John Lippitt, Director of Public Works, stated that four letters of protest were received. He then reviewed why the City has districts, how they are formed, and the spread of assessments. This being the time and place as advertised, the public hearing was declared open. John S. Orell, 684 Rainsong Drive, Chula Vista, CA, resident of Open Space District 18, spoke in opposition of the staff recommendations and Resolution 16249. He felt the increase was excessive and that the public deserved an explanation. He further expressed his concern over the landscape maintenance of the contracted area. George Sanchez, 552 Sunburst Lane, Chula Vista, CA, resident of Open Space District 18, spoke in opposition of the staff recommendations and Resolution 16249. His property is on the corner of Foxboro and Sunburst Lane which borders Gregg Rogers Park. There is open space next to his home which has not been designated as open space (over 2,000 sq. ft.). He has maintained much of this himself but felt he would be paying twice the mount for service he was not receiving. He also stated that the portion of open space behind his home had not been maintained and expressed his concern that this was now a fire hazard. If the City would deed this property to him he would then be responsible for its maintenance. Jess Valenzuela, Director of Parks and Recreation, responded that he was uncertain of the boundaries of his property at this time. Counc~man Malcolm requested an answer by next week. Zen Parfish, 694 Rainbow Drive, Chula Vista, CA, resident of Open Space District 18, spoke in opposition to the staff recommendations and Resolution 16249. He felt a 100% increase in the assessment was excessive. Douglas Adriance, 467 Oriole Ct., Chula Vista, CA, resident of Open Space District 7, spoke in opposition to the staff recommendations and Resolution 16250. He stated that the eucalyptus trees were a mess to those residents living on the edge of the district. He had contacted staff and offered to remove several of the trees bordering his property and replant at his expense but staff was not receptive at that time. His brick wall has been destroyed and he is now having to replace it with chain link. He also felt the budget was ex'ffemely difficult to understand. Counc~man Malcolm questioned why the Parks and Recreation Department would not be receptive to replacing trees with trees that were currently on the list of acceptable landscaping. /dr. Valenzuela responded that he was not aware of this offer but would be receptive to talking with Mr. Adrlance. Teresa Walker, 1188 Sundown Lane, Chula Vista, C_.% representing forty-five residents of Open Space District 18, spoke in opposition to the staff recommendations and Resolution 16249. They did not believe that the 1991-92 budget should be approved tonight as they felt the estimates were inaccurate and required further investigation. They opposed the urgency ordinance to raise the reserve and formally announced their Minutes July 9, 1991 Page 16 dissatisfaction with the current holder of the landscaping comxact for their open space. A list has been prepared of homeowners that would work with the City. l~ob Arciaga, 4113 Sweetwater Road, Bonka, CA, representing RC's Landscape, responded that property owners needed to notify him whenever an emergency arose. Areas were not receiving as much watering due to the water cutbacks by the water districts. Whenever a routing schedule for maintenance is deviated from it is often a result of water cutbacks. Councilman Moore stated it was the contractor's obligation to notify the City if there were problems with equipment in the various districts. Counc~man Malcolm felt Council should move forward with the exception of District 18 with this being brought back before Council on August 6th. This would give staff time to meet with the property owners of that district regarding their concerns. He did not feel that the homeowners should have to pay for faulty :equipment, the district should not have been accepted if equipment was faulty, and if it is, it should be replaced. Dan Soloman, 576 Sunburst Lane, Chula Vista, CA resident of District 18, stated that the property owners in the district were not aware of an emergency number to call. Mr. Valenzuela responded that the Parks and Recreation Department could be contacted during regular business hours at 691-5151 or notify the dispatcher at the Police Department for emergencies. Larry Lockree, 1164 Sundown Lane, Chula Vista, CA resident of District 18, questioned what districts would be continued tonight. He requested clarification regarding the charges for an "adjacent meter' and the number of homes being charged assessments. Mayor Nader responded that District 18 would be continued. L. J. Scott, 432 Windrose Lane, Chula Vista, CA, resident of District 11, questioned the increase in their assessment and felt it unnecessary due to all the homes currently being consu'ucted. Councilman Malcolm responded that the homes Mr. Scott referred to were not accepted into the district at this time. He felt that when accepted, their assessment could possibly be lowered. There being no further public testimony, the public hearing was declared dosed, URGENCY ORDINANCE 2468, RESOLUTION 16248, 16249, AND 16250 OF~v. alED BY COUNCILMAN MALCOLM, reading of the teit was waived. Resolution 16149 is to exclude Open Space DisUict 18. Mayor Nader questioned whether the City Attorney had reviewed any of the landscaping agreements for the open space districts. If it was found that the work being received is deficient would there be legal remedies. City Attorney Boogaard responded that he or his office routinely reviewed the contracts. There would be legal remedies if it was found that work was not acceptable. :Mayor Nader requested that the Urgency Ordinance be severed from the motion. ICity Attorney Boogaard stated that staff had requested that if the Urgency Ordinance was not enacted that · Counc~ not approve Resolution 16250. Minutes July 9, 1992 Page 17 Mayor Nader stated that he would agree to leaving in the Urgency Ordinance but would have a follow-up motion. VOTE ON MOTION: approved unanimously. MSUC {Malcolm/Nader} to continue Open Space District 18 to the Council meeting of August 6, 1991 and direct staff to meet with file homeowners. Approved unanimously. MSUC (Nader/Malcolm) direct stuff to review the performance of file landscape and maintenance contracts for Districts 7, 11 and 18 and, as appropriate, consult wifil the City Attorney's Office as to any enforcement re~ledies. Approved unanimously. A. ORDINANCE 2468 ~ING SECTIONS 17.07.010, 17.07.030, AND 17.07.040 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO OPEN SPACE DISTRICES AND DECLM1H~G THE URGENCY THEREOF fur~ancy ordinance) - This ordinance does not require a public hearing but is a related item. The emergency ordinance is presented to modify the City Municipal Code to allow the City to maintain an additional 50% contingency reserve. Staff recommends Council adopt the urgency ordinance. 4/5fil's vote requirecL (15502) B. RF..SOLUTION 16248 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92 FOR OPEN SPACE DISTRICT NUMBER 11 (1SS03) C. P,F. SOL~ON 16249 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92 FOR OPEN SPACE DISTRICT NUMBERS 1, 2, 4o S, 6, 9, 10, 14, lS, 17, EASTLAKE MAINTENANCE D~STRtCT NUMBER 1 AND TOWN CENTRE I LANDSCAPING DISTRICT (1SS04) D. RESOLUTION 16250 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92 FOR OPEN SPACE DI~fRICr NUMBERS 3, 7, 8, AND 20 AND BAYBOUIJ~ARD LANDSCAPING DIS~rRICTS (~550S3 ORAL COMMUNICATIONS a. Linwood B, Johnson, 102 Teal Street, Chula Vista, CA, was nor in attendance when called by Mayor Nader. ACTION ITEMS None submitted. BOARD AND COMMISSION RECOMMENDATIONS 28.A. REPORT CI-R~.A VISTA CULTURAL ARTS COMMISSION CULTURAL ARTS FAIRE - The Chula Vista Cultural Arts Commission wishes to sponsor a Cultural Arts hire. The Commission plans to utilize the services of a professional consultant to assist them with planning, organizing, and conducting the Faire. The Commission requests that Council accept file report and approve the resolution. (15506) Minutes July 9, 1991 Page 18 Coleen Scott, 4 East San Miguel Drive, Chula Vista, CA, representing the Cultural Arcs Commission, gave a brief overview of proposed activities for the Cultural Arcs Faire. The Cultural Arts Commission was prepared to work on this event and had received many often from volunteers but it was felt that professional help would be needed for guidance. Councilman Malcolm stated that the City faced cut backs from the State and questioned whether any other fund raising had been conducted. Mrs. Scott responded that fund raising would be under the direction of the consultant once hired. Dency Souval, 698 Gilbert Place, Chula Vista, CA, representing the CulULral Arcs Commission, stated that the consultant would also formulate the budget for the Faire. The Commission had been advised by the County Arts Counc~ and the City of San Diego Cultural Arts Commission to hire a consultant. Councilman Rindone agreed that the request was a nominal fee and there was a need for a commiuTient from the Council. He hoped that the Council would look at all requests involving nominal fees as one package or accept the recommendation of the City Manager which would be to add the request to the ~Wish List' and delay funding until cuts from the State were known. Councilman Moore stated this was a new commission and they were g~ven a difficult task to perform, therefore he could support their request. He volunteered to forego the League Conference with monies budgeted going toward their request. RESOLLrrION 16251 Ol'k'hqED BY COUN~Z~/~aNI MALCOLM, reading of the text was waived. Councilman Rindone questioned when the City Manager felt the ~Wish List' would be before Council for review. City Manager Goss hoped to bring it back to Council at the second meeting in August. Councilman Rindone then questioned whether the maker of the motion would include $9,800 in funding for the After School Program that was currently on the "Wish List". He was very supportive of the Cultural Arts Commission and the After School Program. Councilman Malcolm stated that staff had indicated that the needs of the children were being met at this time. The After School Program would be a perpetual commitment and the request for the Faire would be a one time request for funding. He felt the Council was responsible to the Commission for this one time funding. Councilman Rindone responded that he would support the motion because the August date supplied by the City Manager was not that far away. Mayor Nader stated that he was comfortable that the program proposed by the Commission would provide involvement for youth and was worth a $4,000 expenditure. VOTE ON MOTION: approved unanimously. B. RESOLUTION 16251 ACCEPTING GIFT OF $4,000 FROM THE BALDWIN COMPANY, AND APPROPRIATING $8,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO PROVIDE MATCHING FUNDING FOR CONSULTANT SERVIc:FS; - 4/5th's vote required. Minutes July 9, 1991 Page 19 rrEMS pUIJ.F..F} FROM THE CONSENT C~I.RNDAR Items pulled: 17 and 18. The minutes will reflect the published agenda order. OTHER BUSINESS 29. CITY MANAGERS RF,,PORTfS) a. Scheduling of meetings. The regular Counc~ Meeting/Worksession will be held on Thursday, July 2Sth at 4:00 p.m. Topics for the meeting will be the Annual Report of the Growth Management Oversight Committee and AB 939. 30. MAYORS REPORT(S) Mayor Nader stated it was now 10:30 p.m. and Council would have to take action to continue the meeting, MSUC (Malcolm/Nader) to continue the meeting past 10:30 p.m., approved u~anlrnously. a. Referral to the Charter Review Commission regarding emergency meeting notices by the City Council. Continued to the 7/16/91 meeting. b, Ratificaton of Commission Appoinn'nents - Resource Conservation Cornmission, Continued to the 7/16/91 meeting. c. Value of requiring graffiti-proof paint on decorative surfaces, utility boxes, etc. Continued to the 7/16/91 meeting. 3 1. COUNCIL COIVlMENTS Councilman ~oore a. Renaming Otay Lakes Road - east/west portion. Referral to staff with a report back to Council in thirty days. City Manager Gass stated this item had been discussed before and the main problem was with the County. Councilman Moore stated he would like to see this project moved forward. b. Latest change regarding Youth Commission - rationale for 18 year age limitation. Councilman Rindone felt the current policy was appropriate as it afforded new oppor'cunities for more people to participate. Mayor Nader agreed with the existing policy but felt that ff a Commission member turned 18 during his term that he should not be required to resign. Either he ,or the City Attorney should review the ordinance to ensure that this would not be required. Minutes July 9, 1991 Page 20 Councilman Rindone a. Pan-time staff assistance for City Council. Continued to the 8/13/91 meeting. b. Re-referral to Charter Review Commission to review the thirty (30) day provision for City Councfi absences. Continued to the 7/16/91 meeting. c. Referred to Item 9 on the Consent Agenda and questioned whether the contract with Ace Video allowed for cumulative hours of service. Jim Thomson, Deputy City Manager, responded that the additional service was for four hours of camera operator time per month and up to 4 hours of video consultant services per month. This was over and above 'what was called for in the RFP for videotaping of Council meetings. Staff did strive to have this cumulative 'but the contractor was concerned that there would be an unfunded liability. The other concem was to encourage the City to get more into videoing in other ways and felt this could be done on a monthly basis, This was a trade-off during negotiations, but they did agree to carry over time if they were not available when the City needed them, to a time agreeable by both parties. Councfiman Rindone appreciated staffs position but expressed concern over using the four hours every month. He would like to refer it back to staff to see if it could be on an annual basis. He felt this would be a reasonable position or compromise. ADJOURNMENT The City Council met in a closed session at 10:46 p.m. to discuss: Insumctions to negotiators regarding compensation for unrepresented employees, represented employees, or both - pursuant to Government Code Section 54957.6 ADJOURNMENT AT 10:57 P.M. to the Regular City Council Meeting on Tuesday, July 16, 1991 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Counc~/Redevelopment Agency convened at 10:40 p.m. and adjourned 10:46 p.m. Respectfully submiRed, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, D, eputy ~Clerk