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HomeMy WebLinkAboutcc min 1992/04/07 MI~ OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, April 7, 1992 Council Chambers 4:12 p.m. Public Services Building CATJ.~n TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Grasser Horton, Moore, Rindone, and Mayor Nader ABSENT: Councilman Malcolm ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLRnGE OF ~IJ.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: March 17 and March 24, 1992 MSC (Rindone/Moon) to approve the minutes of March 17 and March 24, 1992 as presented. Approved 4-0-1 with C, ouncilman Malcolm absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office - Child Care Commission: Nancy Reeves. The Oath of Office was administered by City Clerk Authelet and the certificate of appointment was presented by Councilman Rindone. b. Proch{ming April as *Community Services Month' - The League of California Cities encourages cities to declare April as 'Community Services Month' and encourages their residents to take full advantage of the many community services available. Community Services Month is an annual observance designed to focus attention on the various community services provided by California's cities which include: parks and recreation, child care, arts programs, historic preservation, health services, and many more. The proclamation was presented by Councilman Rindone to Bill Castro who accepted the proclamation on behalf of the Parks and Recreation Department. c. Prodalmlng the week of April 5 through April 11, 1992 as 'Altrusa International Week' - The proclamation was presented to a representative of Altrusa International by Councilman Rindone. d. ProdaimingtheweekofAprH13throughAprillT, 1992 as 'National Buildlng Safety Week' - The Board of Appeals and Advisors at their 4/13/92 meeting unanimously approved the recommendation to the Council to identify by proclamation the City's support of National Building Safety Week. The proclamation was presented by Councilman Rindone to Jodee Arnold, Vice-Chair of the Board of Appeals and Advisors, who accepted it on behalf of the Board and the Department of Building and Housing. e. Presentation of Cextificate of Recognition and reward to Ch_rista Castellano for reporting graffiti vandalism resulting in a conviction. The Certificate of Recognition and reward were presented to Ms. Castellano by Councilman Rindone. Minutes April 7, 1992 Page 2 ) CONSENT CAI.RNDAR (Items Pulled: 5a, 12, 15 and 16) BALANCE OF CONSENT CAI.F. NDAR OI'HdalED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. MSC C/qader/Moore) to put two it~rn~ on agenda for dosed session: (1) Jones litigation; and (2) recent approval of the Appropriate Technologies II Toxic Waste Plant application of the final FIR. Approved 4-0-1 with Counc~man Malcolm absent. 5. WRlrtv_Jq COMMUNICATIONS: a. Letter inviting the City to submit a proposal to establish a veterans home the area - William C. Manes, Chairman, Governor's Commission on a Southern California Veterans Home, 10411 Garden Grove Blvd., #46, Garden Grove, CA 92643. Staff recommends Council invite Mr. McElliott to verbally summarize his proposal at the 4/7/92 meeting. Pulled from the Consent Calendar. Ron McElliott, 1060 Eighth Ave., San Diego, CA, a partner in Income Property Group, stated that Income Proper~ Group owned an eighteen acre parcel in the lower Sweetwater Valley area adjacent to the KOA. In addition to Income Proper~ Group, he was an officer in a company called Healthcare Group. Healthcare Group was an affiliate of Income Property Group and also an experienced owner and operator of retirement homes and senior care facilities. They had been in the business of caring for seniors for more than twelve years and were currently managing twenty-two facilities in five states and had more than 2,600 employees. Because of Assembly Bill 514, the Governor created a twelve member Commission, the Governor's Commission on a Southern California Veterans Home. The task of the Commission was to advise the Governor and the legislature on where to site a Southern California Veterans Home. Currently there was only one veterans home in California. He stated there was a tremendous need for a veterans home in Southern California and thought there would soon be legislation authorizing one or more facilities in the southern part of the state. Income Property Group thought they had a perfect site for the veterans home in the lower Sweetwater Valley location. They thought their eighteen acre parcel and the City's adjacent fourteen acre parcel, totaling thirty-two acres, should be presented to the Commission for consideration. That would allow approximately six hundred beds with a density that would not exceed twenty units per acre. The concept of a veterans home in that area would have minimal impact on the surrounding neighborhood and no impact on the schools. The concept from the City's viewpoint would satisfy the goal to provide low and moderate income housing as well as satisfy the need to care for aging veterans. Income Property Group and Healthcare Group would develop the project for the State of California and then propose entering into a management contract to operate the facility. They asked that Council approve the concept and said they would also like a letter of interest or a resolution that would give Income Property Group the authorization to use the City's name which would make their presentation to the Commission more creditable and would include some direction to City staff to begin working with them on the concept. He thought it was a rare opportunity for both the City and themselves. There was no binding commitment on the City and Income Property Group would make the presentation to the Commission at their May 7, 1992 meeting. RESOLUTION 16578 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE STATE OF CALIFORNIA TO SITE A VETERANS HOME IN THE CITY OF CHULA VISTA OFFERED BY MAYOR NADER, reading of text was waived. Councilman Rindone said it was not the usual course to have a letter to the City and an initial resolution adopted without a report from staff. He requested staff comments. Minutes April 7, 1992 Page 3 Councilwoman Grasser Horton said a direction had previously been given to staff on the land and asked what that direction had been. Bob Leiter, Director of Planning, responded that currently the property did not have a specific General Plan. Staff had been directed to return to Council with a work program for performing a special study of the properly and to look at alternative land uses. Staff planned to return to Council with that information in the next several weeks. John Goss, City Manager, said staff was asked to look at the issue of a veterans home in Chula Vista. It was an issue that had been presented by representatives of the American Legion. Subsequent to that, he had been informed of Mr. McElliott's interest, the ownership of the adjacent property and the possibility of pursuing that as a veterans home. Staff felt it would be a valid use of the property and supported the resolution. Staff was not saying it would be the only use or the final use, but given the exploratory nature of it at the state level and given the fact that it was proceeding at a certain pace, there was a lot of merit to consider it. There had been other alternative land uses looked at without success because of neighborhood opposition. Councilwoman Grasser Hotton asked if the site had to be identified in the resolution. City Manager Goss responded that there may be some desire to change some of the wording in the resolution but it was designed to try to put forth the City's statement of interest and intent and deEme an area of the City, not a spedfie piece of property. Councilman Rindone said that was the only piece of land within the City that was annexed that did not have a zoning designation. What he was concerned about was planning before processing. If they were on a time line the City could provide that support m indicate an interest. Mayor Nader said the property was acquired with funds, that by state law, restrleted it to low and moderate income housing use. The land had to either be used for low and moderate income housing or disposed of in a way that would result in proceeds that would be used for low and moderate income housing. MS (Grasser Horton/Rindone) to amend the resolution as follows: ~,lirnirlate '...Lower Sweetwater Area on prnpeny owned by Income Properly Group and propely owned by the City* in the last sentence in the third to the last paragraph on page one and then in the last paragraph substitute 'City* for 'Lower Sweetwater Area' and substitute *City' for the last two words *said area.* Councilman Rindone asked Mr. McElliott if the amendment would provide the support they were seeking to make a viable presentation. Mr. McEiliott answered that if the resolution was modified as suggested, then Income Property Group would make the presentation without including the City. Mayor Nader suggested that the resolution be adopted as originally proposed because it did not commit the City only indicated that the City was interested. Councilman Moore thought the location of a veterans home had to be site specific at that point or the Commission would move on to other locations. The property was bought with funds restricted to help low and moderate income people and he felt the veterans fell into that category. He did not think it would be a burden for the schools, the Police Deparnnent or, if built right, the Fire Department. By not just building a veterans home, but also building some recreation in that area and possibly pursuing the other piece of property, he could see it being an asset to the City. Minutes April 7, 1992 Page 4 VOTE ON AMENDMENT: failed 1-3-1 with Mayor Nader, Councilman Moore and Councilman Rindone opposed and Councilman Malcolm absenL VOTE ON RESOLUTION 16578: approved 3-1-1 with Councilwoman Grasser Hot[on opposed and Councilman Maleohn absent. Mayor Nader stated a recess would be called. He and staff would meet with the people present to discuss some issues related to potential mobilehome park closures. If they still wished to address the Council after the recess then they could. The City Council recessed at 6:35 p.m. and reconvened at 7:12 p.m. Mayor Nader s~ated that during the recess he and staff had talked to mobilehome park residents. When their concerns had been considered last December, indication had been made, and Council had directed, that a report be brought back to the 4/7/92 meeting concerning the site of a relocation park for those displaced by mobilehome park closures. The residents had not been notified that the repor~ would be included on the 4/21/92 agenda because staff needed additional time to prepare the repom There had also been some misunderstanding as to the stares of the proposed closures. It was clarified that to date no representation had been made by any park owner that they had complied with the requirements of the ordinance that would allow a closure to go forward and there was no request of the City to allow a closure to go forward. VV~nenever such a claim was made by an owner and the request was being considered, those individuals would be notified and given an opportunity to present their side to staff and Council. b. Letter in opposition to widening of Otay Valley Road and assessment- Jewell Rochmes, 916 Guatay Ave., Chula Vista, CA. Staff recommends that Ms. Rochmes' let~er be acknowledged and that she be placed on the notification list for the hearings regarding this item. c. Letter requesting that the newly appointed Mobilehome Park Rent Review Commitsinn meet to elect officials - Marie O. Scrivener, 26 Corso di Italia, Chula Vista, CA 91910. Staff recommends that Ms. Scrivenex~s letter be received and filed. d. Letter requesting waiver of requirements for business licenses for the Bon~tafest to be held on Saturday, 9/26/92 - Marguerite Maniscalco, Bonitafest Chairwomen, Bonita Business & Professional Association, P. O. Box 284, Bonita, CA 92002. Staff recommends that the license requirements and fees be waived, as is consisrent with past practice of the Council. e. Letter requesting waiver of fees and deposits related to the processing, development and construction of a Church - Dan Benedict, Pastor, and Charlo~e Helms, Chairperson, Board of Trnstees, First United Methodist Church, 710 Third Ave., Chula Vista, CA 91910. Staff recommends that this request be referred to staff for review and report back to Council. f. Request for assistance in the acquisition of Bayscene Mobilehome Park - Bayscene Mobilehome Park Residents and Park Acquisition Committee Members. The written communication requires no action by the Council or staff beyond the previous referral to assist the residents to explore the park acquisition. g. Let~er requesting assistance in f~nher development of the automated traffic-citation proce~ - Lawrence W. Stirling, Judge, The Municipal Court, San Diego Judicial District, County Courthouse, 220 W. Broadwayl San Diego, CA 92101. Staff recommends that Judge Stirling's let~er be acknowledged and fried. Minutes April 7, 1992 Page S h. Latter requesting a resolution in support of spending already collected fun& u intended by Proposition A - Randy Dibb, President, Deputy Sheriffs' Association of San Diego County, 7546 Trade St., San Diego, CA 92121, Jim Roarhe, Sheriff, San Diego County, and Dianne Jacob, Member, Jamul-Dulzura School Board. Staff recommends that the Mayor be authorized to send a letter to the Fourth District Court of Appeal indicating the Council's position is that if the Court is unable to identify an equitable and practical way of returning the money collected, then the Council would support the use of the funds collected for the construction and operation of new jails and courts. i. Claims Against the City - Peerless Construction, Rendell and Margaret WhiVdngton, and Phillip and Gayle Nowakowski, c/o Jeffrey Garber, Esq., Edwards, White & Sooy, Attorneys at Law, 1615 Murray Canyon Road, Ste. 1000, San Diego, CA 92108. Staff recommends that the claims be denied. Latter requesting waiver of $200 filing fee to install an elevator at the Veterans of Foreign Wars Hall - Merlin Harberts, Commander, Veterans of Foreign Wars, Robert H. Scholer Post 2111, P.O. Box 93, Chula Vista, CA 92012. Staff recommends that this fee be waived in accordance with Coune~ Policy for waiver of fees for non profit organizations. 6. ORDINANCE 2498 AMENDING CHAPTER 3.48 OF THE MUNICIPAL CODE TO AUTHORIZE ISSUANCE OF RED~PMENT BONDS TO FINANCE OR REFINANCE INDUb'IIIAL, COMMERCIAL, OR UTILITY PROjECTS LOCATED WITHIN OR WITHOUT THE CITY UPON A FINDING OF BENEfiT TO THE CITY fserond reading and adoDtion) - San Diego Gas and Electric (SDG&E) has requested City assistance in financing or refinancing certain gas and electric generation, transmission and distribution fac~ities located outside the City as well as within the City. Chapter 3.48 of the Municipal Code does not currently authorize the City to issue revenue bonds to finance or reflnance projects outside the City. Staff recommends Counc~ place ordinance on second reading and adoption. (City Attorney and Director of Finance) 7. ORDINANCE 2499 APPROVING THE PLANNED COMMUNITY DISlRICT REGULATIONS FOR THE SALT CIIF. FJ( RANCH SECTIONAL PLANNING AREA (SPA) PLAN (second reading and adontlon) - The Baldwin Company has submitted a SPA Plan and related items for the 1,197.2 acre Salt Creek Ranch project, located north of the EastLake Business Park, northwest of Upper Otay Reservoir and bisected by Proctor Valley Road. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) S.A. RESOLUTION 16559 ACCEPTING A COUNTY OF SAN DIEGO TECHNICAL ASSISTANc~ PROGRAM GRANT TO ESTABLISH COMMERCIAL AND INDU~I'KI. AL RECYCIJNG PRCMEi,'t~, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SERVICE AGJ~F.F-MF. NT WITH THE COUNTY - Last October, Council authorized staff to submit a grant application to the County's Technical Assistance Program. The City has been notified of an award of $11,373. Under the grant, the Cit~fs Business Recycling Outreach Project would be expanded to offer additional technical assistance for recycling program development to offices, as well as restaurants/bars and industries. Staff recommends approval of the resolutions. (Administtation) B. RESOLIYFION 16560 AMENDING FISCAL YEAR 1991-1992 BUDGET TO ADD A TEMPORARY, PART-TIME POSITION IN UNCLASSIFIED SERVICE IN TIlE WA~Ib, MANAGEMENT PROGRAM AND APPROPRIATING THEREFOR - 4/Sth's vote require& Minutes April 7, 1992 Page 6 9. RESOLUTION 16561 AUTHORIZING AMF..NDMENT OF LOAN AGIIRRMF2qT WITH SOUTH BAY AMBULATORY SURGERY ASSOCIATES - The purpose of the amendment is to make minor changes to the language requiring that the South Bay Ambulatory Surgery Associates provide audited financial reports. Staff recommends approval of the resolution. (Director of Finance) 10. RESOLUTION 16562 AMENDING FISCAL YEAR 1991-1992 BUDGET, PROVIDING FOR AN UNF//IPLOYMENT TRUST FUND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE - Amending Fiscal Year 1991-1992 budget, providing for an Unemployment Insurance Trust Fund appropriation to the Unemployment Insurance Account. Staff recommends approval of the resolution. (Director of Personnel) 4/5th's vote requ/red. 11. RESOLUTION 16563 AUTHORIZING TEMPORARY CLOSURE OF THIRD AVENUE ON MAY 2, 1992 FOR THE CULTURAL ARTS COMMISSIONS CULTtJP, AL ARTS FESTIVAL AND AUTHORIZING A WAIVER OF BUSINESS HCENSE l~F~q FOR REGISrERED VENDORE AT THE ~ - The City's Cultural Arts Commission is requesting permission to conduct a Street Scene event on Third Avenue on 5/2/92. They are also requesting a waiver of business license fees for registered vendors at the event. Staff recommends approval of the resolution. (Cultural Arts Commission and Director of Parks and Recreation) 12. RESOLUTION 16564 APPROVING SEWER CONNECTIONS FOR THE SAN DIEGO COUNTY WATER AUTHOILrFY FOR PROPERTIES LOCATED IN VAIJ.EY - The San Diego County Water Authority is negotiating with property owners in Proctor Valley for additional right of way for their pipeline four extension project. The proposed right of way encroaches on the existing private sewer leach fields for two homes. The City of Chula Vista's Salt Creek I sewer is in front of both homes along Proctor Valley Road. The County Water Authority has requested that these two properties be allowed to connect to the City's sewer to solve the public health issue. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consant Calendar. Michael T. Stiff, 610 West Fifth Avenue, Escondido, CA 92025, representing the San Diego County Water Authority, spoke in favor of staff recommendation. RESOLUTION 16564 OFFFRED BY COUNCILMAN MOORE, reading of the text was wain& Councilman Rindone wanted to submit an amendment to that resolution and asked the City Attorney to comment regarding the provision. City Attorney Booguard said that the provision in the resolution on the dias made it clear that it was a special sewer connection that was not to constitute an exception and precedent value in the future as to extra territorial sewer connections without the collateral requirement of annexation or subsequent annexation. He recommended that, because there were certain other technical changes that made section one meaningful by the definition of the two properties in the first paragraph, it be a complete replacement resolution from the one in the Council's book. SUB~rrrL1TE RESOLUTION 16564, AS REVISED AND PRESENTED ON THE DIAS, Ol'lqe~qED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved 4-0-1 with Couneikn~n Malcolm absent. Minutes April 7, 1992 Page 7 13. RESOLUTION 16565 ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FAt~IIJ'I1ES ~ PHASE I OF UNDERGROUND UTILITY DISTRICT NUMBER 117 ALONG BROADWAY FROM 'L' STREET TO MOSS :~-rREET - On 12/10/85, Council adopted Resolution No. 12276 establishing Underground Utility District No. 117 along Broadway from 'I' Street to Moss Street. In accordance with Section 15.32.150 of the Municipal Code, adopted Resolution No. 12276 states that the Council shall by subsequent resolution fix the date on which the affected property owners must be ready to receive underground service and the date poles, overhead wires and associated structures shall be removed. The conversion of overhead utilities to underground is almost complete within Phase I of Underground Utility District No. 117. The limits of Phase I extend along Broadway between 'L' Street and Moss Street. This resolution covers Phase I only. Staff recommends Council approve the resolution and: (1) set 6/30/92 as the date property owners within Phase I of the Underground Utility District No. 117 on Broadway (from "L' Street to Moss Street) shall be ready to receive underground service; and (2) set 8/31/92 as the date poles, overhead wires, and associated structures shall be removed within Phase I of Underground Utility District No. 117 on Broadway (from nL' Street to Moss Stree0. (Director of Public Works) 14.A. RESOLUTION 16566 MAKING FINDINGS ON THE PETITION FOR ASSF..SSMENT DISTRICT NUMBER 91-1 CrF. I.F. GRAPH CANYON ROAD - PHASE H) - In April 1989, the EastLake Development Company began the construction of Telegraph Canyon Road - Phase II which extends from approximately 2,250 feet west of the future Paseo Ranchero Road to 600 feet east of Apache Drive. The improvements are now complete, and it is proposed to assess the cost of these improvements to a portion of EastLake development utilizing an acquisition proceedings pursuant to the Municipal Improvement Act of 1913, Staff recommends approval of the resolutions and set the time and date for the public hearing be set for 5/12/92 at 6:00 p,m. (Director of Public Works) B. RESOLUTION 16567 MAKING APPOINTMENTS AND APPROVING AG~F~MF_.a'Vf IN .4SSF-~aaENr DI~uiRICT NUMBER 91-1 CI~t.RGRAPH CANYON ROAD - PHASE lI) C. RESOLUTION 16568 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMEaNT DIb'I'RICT NUMBER 91-1 CFELRGRAPH CANYON ROAD - PHASE II) D, RESOLUTION 16569 DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN II~IPROVEMF2qTS IN APROPOSED ASSESSMENT DISTRICT; ORDERING THE PREPARATION OF AREPORT DESCRIBING THE DiS'IRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES TI-tEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT NUMBER 91-1 CII~-GI1APH CANYON ROAD - PHASE II) E. RESOLUTION 16570 PASSING ON THE 'REPORT' OF THE ENGINEER, GIVING PRRT~INARY APPROVAL, AND SETtING A TIME AND PLACE FOR THE PUBLIC HEARING FOR ASSESSMF2aT Dlb'I'RICT NUMBER 91-1 CrR. I.RGRAPH CANYON ROAD - PHASE II) 15. RESOLUTION 16571 ACCEPTING BIDS AND AWARDING CONTRACT FOR TREE TRIMIVIING SERVICE FOR FISCAL YEAR CFY) 1991-1992 IN THE CITY OF CHULA VISTA - On 2/26/92, the Director of Public Works received sealed bids for tree trimming sendee for FY 1991-92. The work to be done consists of trimming broadleaf and eucalyptus trees located on various streets in the City, Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Mayor Nader had received a letter expressing concern with some of the City's tree trimming practices from the Arbor Foundation, the foundation that had awarded the City trees for several years. He referred the Minutes April 7, 1992 Page 8 letter to staff for review and information and report back addressing the Foundatlon's concerns and whether those concerns would be addressed or resolved if the resolution was approved. Dave Byers, Deputy Public Works Director/Operations, stated there were letters from three different individuals, one from the Arbor Foundation and two others from similarly named organizations. All three letters were generated by the indMdual who was being recommended to be awarded the contract. Staff had met with him and he agreed that the specifications did not mean what he had originally thought and was now satisfied and staff had a letter from him indicating that. Mr. Byers was in the process of writing letters to all three organizations informing them of those facts and also requesting that they suggest language and trimming methods for the two large eucalyptus trees that needed to be trimmed. RESOLUTION 16571 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. 16. RESOLUTION 16572 APPROVING FIRST AMENDIVlENT TO AGI~RRMENT WITH JONES AND ROACH, INC. PROVIDING APPRAISAL SERVIcRg FOR VARIOUS CAPITAL IMPROVElVlF2qT PROGRAM PROJECTS - Staff needs to obtain up to twenty additional appraisal reports for Broadway 'F' to 'I', Beyer Way, and Otay Valley Road. The cost of these appraisal reports is estimated to be $50,600. Staff has already contracted for twelve appraisal reports costing $21,720. The total cost exceeds the $25,000 authorized by the current agreement. The agreement needs to be amended which increases the authorization to $75,000. Staff recommends approval the resolution. (Director of Public Works) Pulled from the Consent Calendar. Councilwoman Grasser Horton said that the amount seemed high and asked how the company had been selected. Cliff Swanson, City Engineer, answered that letters had been sent, staff reviewed the letters received, which he believed was two or three, interviewed those who responded and from that Jones and Roach was selected. He said that the costs indicated were estimated by staff to be sure there was enough money and basically enough contingencies. Councilwoman Grasser Horton recommended staff return to Jones and Roach to renegotiate or interview other companies further. MSC ( Grasser Horton/Rindone) to continue the item for two weeks for staff to renegotiate. Approved 4-0-1 with Councilman Malcolm absent. 17. REPORT AMERICANYOUTHHOb-IELS'REQUESTTOCONDUCTABICYC~-TOUR- The San Diego Council American Youth Hostels is requesting to conduct the Annual American Youth Hostels (AYH) International Bicycle Tour on Sunday, 4/12/92. Staff recommends Council approve the request subject to staff conditions. (Director of Parks and Recreation) 18. REPORT BON1TAROADRUNNERS'REQUFSrTOCONDUCTA1OKROADRACE-The Bonita Roadrunners, Inc. is requesting permission to stage a 5K and a 10K road race around Rohr Park on Saturday, 5/23/92. Staff recommends Council approve the request subject to staff conditions. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR * * Minutes April 7, 1992 Page 9 PUBLIC ~NGS AND RR~ ATKD RESOLUTIONS AND ORDINANC~-~ 19. PUBLIC HEARING PCM-92-OS-CONSIDERATIONOFANAMENDMENTTOTHERANCHODEL REY EMPLOYMF_2,IT PARK DESIGN GUIDELINES - RANCHO DEL REY PARTNERSHIP - This amendment would increase: the allowable wall-mounted sign area from 50 to 100 feet, the number permitted from one facing the street to one per building side including the building side facing East 'H" Street, the sign area of wall-mounted signs to a maximum of 150, and the sign area of freestanding signs. Staff recommends Council hold the public hearing and place the ordinance on first reading. [Director of Planning) ORDINANCE 2501 AMENDING THE RANCHO DEL REY EMPLOYMENT PARK DESIGN GUIDELINES ADOPTED BY THE t.;fty PURSUANT TO ORDINANCE NUMBER 2244 {'first readiv. E) This being the time and place as advertised, the public hearing was declared open. Craig Fukuyama, 2727 Hoover Ave., National City, CA 91950, representing the Rancho del Rey Partnership, stated he was present only to answer any questions and to ask Council to approve the request. There being no further public testimony, the public hearing was declared closed. ORDINANCE 2501 WAS pLAcRD ON FIRST READING BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent. The City Council Meeting recessed at 4:30 p.m. to a Joint Council/Redevelopment Agency Meeting to ~ the following: AGENCY BUSINESS 20. RESOLUTION 1246 ADOPTING MITIGATED NEGATIVE DECLARATION 1S-92-18 AND ADDENDUM THERETO AND ADOFlING MITIGATION MONITORING AND RF.,IK)RTING PROGRAM, APPROVING OWNER PARTICIPATION AGR~I~MENT OP/BF FOUR WITH ROHR INC. TO CON~I~[JCT AN ADMINIb"fRATIVF,/CORPORATE OFFICE BUILDING, A THREE-STORY PARKING STRUCTURE EXPANSION, PROJECT PARKING WITHIN ADJACENT SDG&E EASEMENT; AUTHORIZE APPROPRIATING $110,000 TO THE BAYFRONT FINE ARTS ACCOUNT; COMMITtING $737,000 OF FUTURE TAX INCRF. MENT TO BE DERIVED FROM DEVELOPMENT OF PROPERTY AND TO BE REIMBURSED TO ROHR INC. FOR DEVELOPMENT AND PERMIT FEE OFF-SET; AND RECOMMENDING THAT THE t2-lY COUN(~L APPROVE AIVlENDMENT NUMBER TEN TO THE CERTIFIED LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN, APPROVE A PARKING AGRF_.F. aMFJqT TO ALLOW OFF-SITE PARKING WITHIN THE ADJACENT SDG&E EASEMENT, AND INITIATE THE VACATION OF A PORTION OF *G* STREET AND TIDELANDS AVENUE - 4/5th's vote required. Staff recommends approval of the resolution. [Director of Community Development) Chris Salomone, Director of Community Development, presented the staff report. Pamela Buchan, Senior Community Development Specialist, provided an overview of the agendized items. Diana Richardson, Environmental Facilitator, summarized the Mitigated Negative Declaration impact. Gary Cinti, Consultant, provided a visual presentation of the project. Minutes April 7, 1992 Page 10 Ian Gill, Senior Vice President with Starboard Development Corporation, representing Rohr, Inc., gave a slide presentation and stated that he endorsed staff recommendation. Councilman Rindone said on page 20-4 of the staff report it read "... 1/2 of 1% of their building valuation toward the development of Fine Art" and asked if there was a specific project in mind or if that was going to be held in abeyance until later. Mr. Salomone answered that it would be held in abeyance. The applicant will have an opportunity to do an art feature on site and, in addition, those funds could be used for such things as a cultural arts facility or another use that the City's Cultural Arts Commission deemed appropriate. Councilman Rindone understood Rohr was considering a work of art for the facility but there had been no progress made toward that and asked if that was correct. Mr. Salomone answered that was correct. COUNCIL BUSINESS k PUBLIC HEARING TO CONSIDER AMENDMENT NUMBER TEN TO THE CERTIFIED LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN - Rohr Inc. proposes to construct a 125,000 square foot, six-story office building on property located at 850 Lagoon Drive where Rohr is currently constructing a 245,000 square foot office building and two subterranean parking garages. In addition to the new office building, Rohr proposes to expand the south parking structure with three above ground levels and develop the adjacent San Diego Gas and Electric (SDG&E) right-of-way with landscaped parking. A south vehicle ingress/egress way will be constructed along "G" Street to Bay Boulevard. The project is located within Bayfront Redevelopment Project and within the Local Coastal Zone. The project will require Agency approval of an owner participation agreement and Council approval of a Local Coastal Program amendment, a parking agreement, coastal development permits, and vacation of "G" Street. Also, to allow the six-story building, California Coastal Commission must approve the proposed Local Coastal Program amendment. Staff recommends approval of the resolutions and that staff be directed to initiate the varation of a portion of Street and Tidelands Avenue as described on Attachments IV and V. (Director of Community Development) RESOLUTION 16573 ADOPTING MITIGATED NEGATIVE DECLARATION IS-92-18 AND ADDgUM THERETO AND ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM; APPROVING AMENDMENT NUMBER TEN TO THE CERTIFIED LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN AND AUTHORIZING SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION; AND, ENTERING INTO A PARKING AGB ~MENT WITH ROHR INC. TO ALLOW OFF-SITE PARKING WITHIN THE ADJACENT SDG&E EASEMENT; AND, DIRECTING STAFF TO INITIATE THE VACATION OF A PORTION OF 'G* bqKEET AND CONVEYANCE OF A PORTION OF TIDELANDS AVENUE This being the time and place as advertized, the public hearing was declared open. Patrick Judd, 5728 Good Canna Lane, Bonita, CA 91902, President of the Chula Vista Elementary School Board, spoke in opposition to staff recommendation. He asked that the letter presented to the City Clerk be entered into the record and read the contents of the letter. Bruce Boogaard, City/Agency Attorney, asked Mr. Gill if Rohr had reviewed the proposed agreement from the School District and if Rohr was willing to sign that or a similar type agreement. Mr. Gill answered that Robes corporate counsel was out of town and had been since the previous Friday when the draft of the agreement was first presented. He had, however, had an opportunity to show the draft April 7, 1992 Page 11 agreement to a couple of Rohfs senior managers. The reaction was that no use other than relocatlon was .anticipated on the thirty-five acres. With as many as originally 11,500 employees on the campus and now something less than 6,000, the trend was hardly for an increase related to Rohr's uses. And since between the tirst building and the second building, $100,000 in state mandated fees would be provided by Rohr, which had not been challenged although there was no student generation being created, Rohr felt no need to entertain such an agreement at that time. City Attorney Boogaard asked Mr. Judd if it was the School Districes proposal that if an agreement was not signed that they would consider litigation in the matter. Mr. Judd answered that was correct. City Attorney Boogaard requested the privilege of taking the Council into closed session after the public hearing was closed. Mayor Nader understood Rohr had given the City their assurance that the employment at the project would come from those already employed on the existing campus. He inquired if that also included those who had been previously employed at the existing campus. Mr. Salomone stated, to his knowledge, nothing had been stated which precluded people who had been laid off from that facility, but the agreement in the letter from Rohr did not specifically speak to that point. Mr. Judd said they would like some clarification because it was somewhat vague as to what 'existing campus" meant and what the population was that Rohr referred to. City Attorney Boogaard stated that further discussion should be held in closed session. There being no further public testimony, the public hearing was declared closed. MSC (Nader/Moore) to go into dosed session. Approved 4-0-1 with Councilman Malcolm alnent. The Jo'mt Meeting of the City Council/Redevelopmant Agency recessed at 5:09 p.m. to go into dosed session which adjourned at S:5S p.m. The Joint Meeting of the City Counci]/Redevelopment Agency reconvened at 6:00 p.m. MS (Nader/Moore) that the last sentence of the addendum to the Negative Declaration be amended to read according to the City Attornefs suggestion: *Because all employees will be existing employees transferred over from the adjacent fac~ities or who were previously employed at said facilities, no indirect generation of students would occur thus no impact to the school fac~iries would occur, consequently no mitigation would be required beyond the state mandated fees collected for all non-residential development.' Mr. Gill said that on behalf of Rohr they would consent to that amendment. VOTE ON AMENDMENT: approved 4-0-1 with Councilman Malcolm absent. RESOLUTIONS 1246 AND 16573 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. Mayor Nader asked the City Attorney if that included the amended addendure to the Negative Declaration or if that was in a separate resolution. Minutes April 7, 1992 Page 12 City Altomey Boogaard answered that it did include the addendum in the first section of each of the two resolutions. He requested that they be deemed amended to read 'An addendm thereto i~ hereby amended. as amended by the Counc~.' Mayor Nader stated that there was no objection so it would be so deemed. Councilman Rindone asked the City Attomey to state the reason for his participation. City Attorney Boogaard responded that the matter required four affirmative votes in order to pass the resolutions and it was required as a matter of necessity. Furthermore, it was a questionable area as to whether or not Councilman Rindone would have a conflict and while the City Attomey did not concede that Councilman Rindone did, he thought Councilman Rindone's participation was required under that rule. VOTE ON RESOLUTION 1246 AND 16573: approved 4--0-1 with Councilman Malcolm absent. B. PUBLIC HEARING TO CONSIDER COASTAL DEVELOPMENT PERMIT NUMBER I'IFIY-SEVEN FOR THE CONSTKUCTION OF A THREE-STORY PARKING SrKUCTURE EXPANSION AT 850 LAGOON DRIVE AND DEVELOPMENT OF LANDSCAPED PARKING WITHIN ADJACENT SDG&E EASEMENT RESOLUT[ON 16574 ADOPTING MrI-IGATION NEGATIVE DECLARATION IS-92-18 AND ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM; AND ISSUING COASTAL DEVELOPMENT PERMIT NUMBER FIFfY-SEVEN FOR THE CONSTRUCTION OF A THREE-STORY PARKING b'I'KLICTURE EXPANSION AT 850 LAGOON DRIVE AND DEVELOPMENT OF lANDSCAPED PARKING WITHIN ADJACENT SDG&E EASEMENT This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTION 16574 WAS OPI,~IED BY COLrNCILMAN MOORE, reading of the text was waived. Councilman Rindone requested that the City Attorney concur that the reason for his participation was the same on that item as the last. City Attorney Boogaard so concurred. Mr. Salomone pointed out that the addendure was also a part of the action. City Attorney Boogaard requested that k be amended in the same manner as the previous resolullous. Mayor Nader stated that without objection k was so ordered. VOTE ON RESOLUTION 16574: approved 4-0-1 with Councilman Malcolm absenL The Joint Meeting of the City Council/Redevelopment Agency recessed at 6:08 p.m. and the City Council Meeting reconvened. Minutes April 7, 1992 Page 13 ORAL COMMUNICATIONS a. Victor k Nolan, 4368 40th St., San Diego, CA 92105, stated he had read the City of Chula Vista's Comprehensive Housing Affordability Strategy for 1991 to 1996 and noticed that the rent for mobilehome parks was based on the CPI. He was under the impression that the Mobilehome Rent Review Commission was going to review those situations. There were a lot of people that realized the situations were not fair and equitable. He asked that the Mobilehome Rent Review Commission meet to decide what was and was not fair with the annual CPI increase. Mayor Nader said to his recollection there was a letter from one member of the Commission on Aging, but he did not recall receiving a communication from the Commission as such. The Rent Review Commission not only had elected officers but was also meeting. To decide a case, the Commission would need to have a case submitted to them. The letter received referred to the 60% rent increases on new residents and also discussed the CFI on a particular park. The Commission could make a recommendation to Counc~ on changing the law if that was desired. b. Carolyn F. Butler, 97 Bishop St., Chula Vista, CA., stated that the Route 703 bus was needed in the early morning and late evening hours. She had been informed that Route 712 would not be straight through from Palomar Station to the Hospital, that it would make intermittent stops between Third, Second, Hilltop and all the way up the line and if that were true then she was in favor of that route. John Lippitt, Director of Public Works, believed the item was returning to Council on 4/21/92 but stated that the Transit Coordinator was out of town. ACTION ITEMS 21. REPORT RESPONDING TO COUNCIL REFERRAL OF REQUF.~T FROM FRF. D DUFRESNE OF OTAY LAKES LODGE MOBILEHOME PARK, FOR A DETERMINATION OF THE RIGHT TO ARBITRATE, AND REQ~ FOR MODIFICATION OF MOBILEHOME PARK RENT CONTROL ORDINANCR TO REQUIRE NOTICE OF RENT INCREASE TO INCOMING AND OUTGOING TENANTS -On 3/24/92, Mr. Dufresne of Otay Lakes Mobilehome Lodge submitted a letter to the Council complaining that the City had irapermissibly denied affected tenants of the ordinance-based fight to arbitrate a 4/1/91 rent increase in excess of CPI effective upon sale of coach as the result of a mediation. If requested a modification of the mobilehome rent control ordinance to require notices of rent increases and the right to arbitrate be given to both incoming and outgoing tenants. Staff recommends acceptance of the report. Continued from meeting of 3/24/92. (City Attomey) City Attorney Boogaard stated that he wanted to draw Council's attention to his four recommendations on pages 21-4 and 21-5 as the action his office was seeking. Fred Dufresne, Otay Lakes Mobilehome Park, 1925 Otay Lakes Road, No. 102, Chula Vista, CA,, representing the Otay Lakes Mobilehome Park Association, stated the residents were having a difficult time with the management regarding notification to residents. Management failed to respond to the requests for the notice of arbitration; refused to give anyone any information that they had that fight; and ignored the fact that it was a law. The residents understood there was a thirty day limitation to the ordinance and fithe arbitration information was continually put off, the thirty days would expire and the residents would no longer have a right to arbitrate. Minutes April 7, 1992 Page 14 Mayor Nader believed that under applicable law, the thirty days could not be deemed to have started until notification, as required by the ordinance, had been provided. City Attorney Boogaard responded that was how he would interpret the ordinance, hut that it would be helpful to have it specifically state that, which was the subject matter of his 4.B. recommendation. Roy Muraoka, 1478 First Avenue, Chula Vista, CA 91911, said he was an operator of a mobilehome park and also on the issues committee and thought the residents of mobilehome parks should get together with the park managers and owners to try to work their problems out before going to the City Council. Mayor Nader said that recommendation number three would involve making a decision on who does and does not have standing to invoke the rent review ordinance and questioned if that was a determination that should be made initially by the Mobilehome Rent Review Commission. City Attorney Boogaard stated, in his opinion, it was a factoffal determination and would really be above the policy level authority of the Mobilehome Rent Review Commission. He thought it was a matter of confirming ordinance interpretation and an important aspect of who could and could not arbitrate. Councilman Moore asked how it was assured that copies of ordinances, changes or other information was received by residents of mobilehome parks. Mr. Salomone answered that staff sent five or six copies to the park owners to distribute to residents. Councilman Moore said it was important that the park residents and owners be kept informed and that there be a paper trail indicating when information was sent and the number of copies mailed to each park. He asked if staff had such a paper trail. Alisa Rogers, Community Development Specialist, answered that they did. David Gustarson, Assistant Director of Community Development, said staff had been conducting educational public meetings for residents of mobilehome parks but due to all the constraints of late, had not had as many as they would have liked. There had been one or Ewo meetings where adjacent mobilehome parks had been invited to the recreation room of the mobilehome park and there was a give and take of questions and answers. MS CMoore/Nader) to accept the report and the four recommendations. At the request of Councilman Moore, City Attorney Boogaard read the four recommendations. VOTE ON MOTION: apprnved 4-0-1 with Councilman Malcolm absent. 22. ORDINANCE 2502 AMENDING CHAPTER 2.31 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE MOBILEHOME RENT REVIEW COM1VIISSI ON TO MAKE CERTA1N TECHNICAL CHANGES AND CORRECTIONS (first readinE) - In May, 1991, when the Council recognized by ordinance the Mobilehome Rent Review Commission, it was recommended originally to have seven members. At the last minute, a change was made to reduce the number of voting members from seven to five. However, other sections of the ordinance wherein reference was either made or implied that the Commission had seven members was not correct. The ordinance amendment proposes to correct those references. In addition, it is the City Attorney's recommendation to amend the ordinance to require that ex-officio members have no interest in a mobilehome park, either as a tenant, owner or manager. This is proposed in order to avoid the Minutes April 7, 1992 Page 1S conflict that a tenant or mobilehome park owner will have in reviewing either a specific rent review case or matters of general policy. Staff recommends Council place ordinance on first reading. (City Attorney) Victor A. Notan, 4368 40th St., San Diego, CA 92105, spoke in favor of staff reeommendation. He agreed with the City Attorney's concept of not having a conflict of interest as far as a homeowner or park owner on the Commission if it was going to cause difficulties. It appeared there was something going on that did not seem to be equitable and favorable as far as park residents were concerned. He hoped there was good, honest representation. He said the park owners did not want to sell because they were making money. If the owners could actually show that they needed to have the CPI, then it should be given to them, but he did not think they could. He thought the owners were making a large profit at the expense the tenants. He hoped something could be done. Mayor Nader said, by law, there were no park residents or owners as voting members of the Mobilehome Rent Review Commission because it would be a conflict of interest when it came to deciding rent eases. The Commission would take any evidence that anyone chose to offer in any given ease, There was a provision of the ordinanee that required two ex-offieio members, one resident and one park owner, to be appointed to that Commission as non-voting members, He said the City Attorney was recommending removal of that provision to avoid any appearance of conflict of interest in the Commission's deliberations. MOTION: (Nader) in lieu of the City Attorney's recommendation to abolish the ex-offieio memberships that a letter be sent to the Golden State Mobilehome Owners League and the Western Mobilehome Park Ownm Association asking that each group designate a single representative from their olgani~tion to attend meetings of the Mobilehome Rent Review Commission and to provide advice to that Commission. MOTION: died for lack of second. MS CMoore/Grassec Horton) to adopt the ordinance except for authorizing ex-officios to serve, o~e representing the residents of a park and one representing the park ownas within C~ula Vista and when specific referrals on rent increases start they would be excused from that discussion. ORDINANCE 2502, AS AMFJqDED, WAS PLACED ON FIRST READING BY COUN(XMAN MOORE, reading of the text was waived. City Attorney Boogaard said that his recommendation was based on his conclusion that such persons if they had an interest in a park either as a tenant or owner, would more likely than not have a financial conflict of interest, even if not voting, which could set them up for a serious legal challenge. He did not want to put a member of the Commission in such a position. SUBSTITUTE MOTION: (Nader/Grasser Hotton) to amend in lieu of abolishing the ex-officio membesship that the Council would invite the Golden State Mobilchome Owners League and the Western Mobilehome Park Ownas Association to each send a single representative from outside the City to Commission meelings to give advice to the Commlgsion. Approved 3-1-1 with Councilman Moore opposed and CouneHm3n Malcolm absent. VOTE ON ORDINANCE 2502 AS AMENDED: approved 4-0-1 with Councilman Malcolm absent. Mayor Nader said presumably the letters would be mailed within a week and if a response from either organization was not received within forty-five days, staff should advise the Mayor and take it back to Council for reconsideration. Minutes April 7, 1992 Page 16 23. ORDINANCE 2503 AMENDING SECTION 2.56 OF THE MUNICIPAL CODE RELATING TO PURCHASES OF SUPPIJ~_q, SERVICKq AND EQUIPIVIF2QT f~rst readinl) - At the 7/23/91 meeting, Council requested a report on the City's use of consultants and service contracts. The report was discussed by Council on 10/18/91. During Council discussion, it was determined that a Council subcommittee be established to address the issue of consultants and service contractors more in depth. The Council subcommittee included Councilmembers Leonard Moore and Shi~ey Grasser Hotton. The subcommittee has met with staff and is proposing the approval of revisions to the Municipal Code, the establishment of a new Council polley, and some modifications in City procedures for determining the need for consultants, consultant monitoring, and hiring practices. Staff recommends Council place ordinance on first reading and adopt the resolution. (Budget Manager) RESOLLrrION 16575 ADOPTING PROPOSED COUNCIL POLICY ON CONSULTANY AND OTHER SF.J{VIf:K'~ Dawn Herring, Budget Manager, presented the staff report. Councilman Rindone suggested: (1) exploring inservice training and upgrading staff to obtain the skill level needed; (2) providing a ~ideline to review the issue of consultants in a year or two so that if there was a concern it could be brought back to Council; (3) that some sort of guideline be set up when hiring a former employee as a consultant (staff had recommended that the maximum hourly compensation be limited for any consultant contract involving a former employee during the first year after he or she had terminated emplo3~nent to the amount equivalent to their hourly salary and benefit cost when they terminated employmenO; (4) that local consultants be considered first whenever possible; <S) an annual list of consultants, showing fees paid, rates, types of projects, etc. be presented during the budget review process; and, (6) that the total of $100,000 as sho~4qa on page 23-4, be reduced by at least half. ~ [l~{oore/qqader) to d iten~ until the sulxommitree and sd can review the s~ issues and any others brnught to their attention. Mayor Nader stated he believed Council had previously adopted a policy and referred to staff for specific implementation of local preference on City contracts and asked staff to check into that. VOTIE ON MOTION: approved 4-0-1 with Councilman Maleoh absent 24. ORDINANCE 2504 ADDING SECTION 2.58.060 TO THE CHULA VISTA MUNICIPAL CODE REGULATING THE PAYMENT OF PREVAILING WAGES FOR CONTRACTS LET BY THE CITY (first readini) - The proposed ordinance will elevate our existing policy on the payment of prevailing wage, now contained in Resolution 12493, to the level of an ordinance, thereby clarifying that the Council is not waiving any of its home rule authority granted to it by the State of California as a charter city. The proposed resolution will create a condition of rlpeness that will permit opponents to our determination not to pay prevailing wages on the Fifth Avenue project to litigate that issue prior to our having become contractually obligated to the bidder to whom the project is let. Staff recommends Council place ordinance on first reading and approval of the resolution. (City Attorney and Director of Public Works) RESOLUTION 16576 ANNOUNCING THE COUNCIL'S INTENT TO AWARD THE BIDS ON THE FIFTH AVENUE PROJECT, NApI.I~_q TO ORANGE, ON THE BASIS OF THE BID ALTERNATE A, WITHOUT REQUIRING THE PAYMENT OF PREVAILING WAGE City Attomey Boogaard suggested as an alternate recommendation that the ordinance be placed on first reading, but the resolution be deferred for approval until the meeting of 4/21/92 for staff to then bring back Minutes April 7, 1992 Page 17 a recommendation as to whether or not m accept or reject the lowest bid and what staffs actions should be after that. ORDINANCE 2504 pLP, C:R.n ON FIRST READING BY COUNCILMAN MOORE, reading of the text was waived, passed and approved 3-1-1 with Mayor Nader opposed and Councilman Malcolm absenL MSC {Moore/Nader) to defer Resolution 16576 to the meeting of 4/21/92. Approved 4-0.1 with Councffmnn Malcolm absent. 25.A REPORT ONINTERIMSTAFFINGREQUES'FSFORTHEDEPARTMENT-Overthepast several years, and particularly since the adoption of the Civ/s General Plan Update in 1989, the City has received a large number of major development proposals for review and processing. In addition, both the Montgomery Specific Plan and the General Plan Update called for a number of follow-up implementation actions and special studies, and other major planning issues have arisen during this period. As a result, until recently the Planning Department used planning consultants in many instances to perform special studies and to act as project managers for the review of major development projects by the City. However, based on recent direction from the Council, the Planning Department has curtailed the use of consultants except in very specific circumstances, and has been evaluating other means by which adequate sta_ff'mg may be provided to respond to workload demands. The report presents specific recommendations regarding interim staffing requests in order to meet short-term needs within the Department. An overall proposal will be presented for permanent staffing to meet long-term needs as part of the Fiscal Year 1993 budget. Staff recommends acceptance of the report and approval of the resolution. (Director of Planning) B. RESOLLrHON 16577 CREATING TFeaMPORARY SCIENTIFIC, TIiCH~CAL OR EXPERT PROFESSIONAL POSITIONS IN THE UNCLASSIFIED SERVICE AND APPROPRIATING FUNDS THEMEFOR - 4/Sth's vote required. RESOLUTION 3.6577 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. Councilman Rindone stated that he could support the motion on the fioor, but objected strenuously to the first sentence on page 2SA-1 under "Discussion" that the Council "...direction was to meet short-term staffing needs with temporary employees rather than outside independent contract consultants..?. He said it was his recollection that was never the direction of the Council nor was that ever suggested to be the direction of the Council. The suggestion of Council was to see if there were current staff members or other viable ways that could meet that need. VOTE ON RESOLUTION 16577: approved 4-0-1 with Councilman Malcolm absent. 26. REPORT ONTHEPROGRESSOFTHEMAYOR'S'ENVIRONMENTALAGENDAFORTHEgO'S' - Recommendation to bring forward three items listed on the Environmental Agenda, including a Reduction Package, Water Conservation Program, and a Toxics Reduction Package. These three items are recommended to be reviewed by the Resource Conservation Commission (RCC) with the intent that specific proposed language be brought back to the Council on an item-by-item basis for future review. Staff recommends acceptance of the report in concept and refer Items A, B, and C to the RCC for review and recommend it be brought back to the Council for formal adoption. (Administration) Ivlsc llVloore/Nader) to accept the report Appreved 4-0-1 with Councilman Malcolm absent. Minutes April 7, 1992 Page 18 BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS pLn.I.RB FROM THE CONSENT C~I.RNDAR Items pulled: Sa, 12, 15 and 16. The minutes will reflect the published agenda order. OTHER BUSINESS 27. ~I-IY MANAGERS REPORTfS) a. City Manager Goss reminded Council there would be no meeting on 4/14/92 because of the Easter Holidays. 28. MAYORS REPORTfS) a. Mayor Nader introduced Sidney Summers, Mayor and Council Aide, who began work on 4/3/92. b. Mayor Nader stated that the Economic Development Commission adopted a set of recommendations concerning the permit revue process which would be going to Council. Several of those recommendations concerned altering the responsibilities of various other City Boards and CommisSions. The idea was to reduce the time it took to make decisions and to streamline procedures. He suggested that rather than wait for the item to go to Council and then possibly making a referral, that the affected Boards and Commission be notified of those recommendations and given an opportunity to make their own recommendations. All of the recommendations could then be heard at the same Council meeting and the whole process could be handled a little more quickly. He hoped it could be handled administratively. 29. COUNCIL COMMENTS Councilman Malcolm a. Sid Morris, Assistant City Manager, stated that Councilman Malcolm had intended to bring forward information to specifically indicate that the proposed caretaker home on the tree farm site at East 'H' Street and 1-805 was different than what was brought forward to Council in the proposed agreement that was reviewed previously. What was currently being proposed was a permanent structure to be completed on the site. It would basically be a two story structure consisting of approximately 1,500 square feet of storage space below and approximately 1,500 square feet of living quarters above. It was a change brought in by Mr. Ferreira and the indication was that, if approved, he would be willing to either sign it over to the City at the City's request, or raise the facility and return the area to its original condition. He believed staff preferred to have the permanent structure, feeling that aesthetically it would be a nicer facility. It would still be subject to the appropriate reviews and administrative actions by staff. It was his understanding that Councilman Malcolm was going to recommend that Council approve the proposed request to authorize an amendment to the contract that allowed for the structure and that was also staffs recommendation. An alternative for Council's consideration was for staff to bring back some drawings that would give Council Minutes April 7, 1~2 Page 19 a better indication of what they were being asked to approve and that it could be done at the meeting in two weeks. Councilman Moore stated he would need more data before making a decision and would prefer to refer it to staff. MSC CNader/Moore) to direct staff to return with some appropriate options for accommodating a permanent structure and a staff recommendation. Approved 4-0-1 with Councilman Malcolm absent. Councilman Moore b. Councilman Moore stated that Council had an memo before them from him on the National Debt. He thought some city had to rake advance action to get the federal government to move. He read the comments attached to his memorandum and asked for his colleagues support. MS CMoore/RLndone) to direct staff to prepare correspondence for full Council signatures addressed to the President and leadership of Congress - such verbiage to include, but not be limited or restricted to, the memorandum. Mayor Nader thought there was a need for some flexib~ity stating that there was a time when a balanced budget was needed and a time when it was not. He had some concern with advocating policies that would say the federal government had to balance its budget every year and reduce the national debt to zero within ten years. He suggested changing number one to "Reduce the national deficit to zero within 10 years"; to eliminate item number two because he did nor support Presidential line item veto; and, on number three, a balanced budget, he would like to see something in there that would allow a little more flexibility from year to year. He said there were some economic times in which the government did have to have the flexibility to go into a deficit spending mode. Councilman Moore agreed to take the line item veto out of the current motion as well as mendmenu to number one and three. He stated it should be mailed to more than the leadership of Congress and the President. MOTION AS MODIFIED: to direct staff to prepare correspondence for Council signatures addressed to legislative leaders - such verbiage to include, but not be 1/mited or restricted to, the memorandum and ddetlng number two, line item veto, with minor emandmants to number one and three. Approved 4-0-1 with Councilman Malcolm absent. Councilman Rindone c. Councilman Rindone stated there had been recent discussions from staff, memorandums, information provided staff and media coverage regarding the possibility of city employees serving as consultants. There were two members of the current City Council who were not members of that Council at the time those discussions were held. He thought it approptiate to eliminate any wrong perception that one may have. MS (Rindone/Nader) for staff referral to request the City Manager to pn~pare writtan policy proltibiting managerial employees from receiving consultant fees or other consideration or compensation from a person, firm, or other legal entity that is cttrren~y doing business with the City of Chula V'mta or is likely to do business with the City in the future and return to Council for consideration. Minutes April 7, 1992 Page 20 .) Mayor Nader stated that the situation which had been the subject of media attention was one which three current members of the Council were made fully aware of by the City Manager and approved of, rightly or wrongly. He thought it was unfair to the staff person involved to suggest or imply that he did anything improper. There may have been an appearance created that was not appropriate but that was the Counefl's responsibility and not the staff member's. Council was fully informed and did give their approval. He thought a policy would clarify things. City Manager Goss stated the process he would use would be similar to what had been occurring in an Incompatible Activities Code which had been put in draft form and reviewed by staff with the Board of Ethics. It would go through a process where it would also receive input from employees at various levels of the CiWs organization. VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent MSC (Nader/Rindone) refer to City Manager for an informational report back to Counc~ on what restrictions there are for collective bargaining. Approved 4-0-1 with Councilman Malcolm absent. ADJOURNMENT The City Council recessed at 9:28 p.m. and met in closed session at 9:35 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Jones vs. City of Chula Vista Potential litigation pursuant to Government Code Section 54956.9 on the recent approval of the Appropriate Technologies II Toxic Waste Plant application of the final EIR. Adjourned at 11:00 p.m. to the Regular City Council Meeting on April 21, 1992 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency was reconvened at 9:29 p.m. and adjourned at 9:31 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~ '