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HomeMy WebLinkAboutcc min 1992/11/10 MINLrlT~ OF A REGULAR MEETING OF THE rGrlY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 10, 1992 Council Chambers 6:00 p.m. Public Services Building CALL TO ORDER l. ROLL CALL: PRESENT: Councilmembers Hotton, Malcolm, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pLEDGE OF ,~1.1 .PGIANCE TO THE FLAG. SILENrr PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of three teachers from Odawara, Japan - Nancy Taboada, Chairperson, International Friendship Commission, introduced three teachers from Odawara, Japan to the Mayor and Councilmembers. b. Retiring Board and Comminsion Member Resolutions: Board of Appeals - Jodee Arnold and Daniel Gontreras Civil Service Commission - John Crouse and Lupe Jiminez Commission on Aging - Helen Stokes Design Review Committee - Jose Alberdi and Adrienne Landers Growth Management Oversight Commission - Huber~ A. Christensen (posthumously) and Nancy Palmer Human Relations Commission - Anne Fabrick International Friendship Commission - Betty Hammock Montgomery Area Planning Committee - Joseph Bedanga, Antonio Castro, Nancy Palmer, and Nancy Wheeland Planning Commission - Joe Casillas and Robert Tugenberg Resource Conservation Commission - John Ray MSUC CAlader/Rm'done) to approve the Resolutions for Retiring Board and Commitsinn Members. The resolutions will be presented at the Board/Commissinn/Comm lttee banquet. CONSENT CALRNDAR Citems pulled: 12) BALANCE OF THE CONSENT CALENDAR Ot-I,F. RED BY COUNCILMAN RINDONE, reading of the text was waived, passed and approved unanimously. 5. WRh-rEN COMMUNICATIONS: a. Letter of resignation from the Southwest Redevelopmerit PAC - Lee Wheeland. It is recommended that Ms. Wheeland's resignation be accepted with regret and a letter of appreciation be sent. 6. ORDINANCE 2533 ESTABLISHING THE TELEGRAPH CANYON SEWER DEVELOPMENT IMPACT FEE TO PAY FOR pARAI.I.EL SEWER IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING Minutes November 10, 1992 Page 2 PERMITS FOR CONSTRUCTION 1N THE TRI.RGRAPH CANYON SE1tVER BASIN fseeond readin~ and adoption) - In compliance with the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. This plan and a subsequent addendum provide recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $184 per Equivalent Dwelling Unit (EDU) to finance the construction of these improvements. This is a one time fee paid when building permits are taken out and is not an ongoing fee. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 16861 APPROVING A LEASE AGI~RPMENT WITH THE CHULA VISTA AMERICAN LEGION POST NUMBER 434 INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAME - At the meeting of 11/3/92, Council, in reviewing the Agenda Report and Lease of the aforereferenced item, directed certain changes to the lease, the most significant of which is to provide that the City dedicate the proceeds of any insurance policy paid for by the Legion to fred alternate housing for the Legion if the building which is the subject matter of the lease is destroyed (i.e., loss of greater than 50% of replacement value). Staff recommends approval of the resolution. (Director of Parks & Recreation) Continued from the meeting of 11/8/92. Councilman Malcolm stated that there were no clearly stated remedies in the lease if the Legion failed to invest the $100,000. He felt everyone should have an understanding of what the remedies would be if the invesnnent was not made, and spelled out in the lease. He would prefer two S-year options rather than one 10-year option. The five year options would give the City more flexibility if the property was needed in the future for park expansion. He questioned whether toxics would be utilized on the property as it was not indicated in the lease. Page 1, Condition 3, stated the investTnent would be 'no more' than $100,000 and he felt it was misleading, it was the Council's intent that the American Legion should invest "at least' $100,0OO. It was his interpretation of the lease that the City could only remove the Legion at the end of the lO-year lease or the lO-year option. City Attorney Boogaard recommended default of the lease and eviction if the Legion failed to invest the $100,000. He referred to Exhibit C which listed the improvements to be made but only to the extent of $100,000. He disagreed with that interpretation of the language and felt the City had the right to terminate the lease with the Legion any time after the first ten years. Robert L. McCauley, representing the American Legion, stated they had initially wanted a 25 year lease but had agreed to a 10-year lease with a 10-year option. They felt they had to have the 20 years for their $100,000 investment. It was his understanding that the City could terminate the lease only after the initial 10-year period or after the 10-year option. Mayor Nader stated it was his understanding that it was a lO-year lease with a lO-year option also. City Attorney Boogaard stated that if Council wanted two lO-year terms the lease would have to be revised. Jess Valenzuela, Director of Parks and Recreation, supported Mr. McCauley and stated it was also his understanding during negotiations that the lease was a lO-year term with a 10-year option. City Attorney Boogaard recommended that the language be changed to state *if during the tenth year the landlord determines that the pr,.rni~es are needed....'. Mayor Nader stated that was the Councirs intent ff not their unanimous desire and suggested that the clarification recommended by the City Attorney be incorporated. RESOLUTION 16861, AS AMENDED BY THE CiTY ATFORNEY, Ot"l'/flhn~D BY COUNCiLMAN RINDONE, reading of the text was waived. Minutes November 10, 1992 Page 3 Mayor Nader stated it was the unanimous decision of Council to incorporate the City Attorney's recommendation into the recommendation to be included in the Consent Calendar. VOTE ON MOTION: approved unanimously. 8. RESOLUTION 16880 ACCEPTING DONATION, AU'I~ORIZING EXPENDITURE AND APPROPRIATING SAID DONATED FUNDS TO PURCHASE INSTRUCTION SUPPLIES FOR THE POLICE DEPARTMENT'S GANG ALTERNATIVE PROGRAM - The Police Depat hnent recently received a $500 donation from the Loyal Order of Moose, Chula Vista Lodge 1927. The donation is designed to fund the purchase of instructional supplies for the Gang Alternative Program. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 9. RESOLUTION 16881 AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $42,834 FROM THE CAPITAL OUTlaY FUND FOR THE NATURE INTERPRETIVE CENTER SEWER LINE AND APPROVING A LE'I'rFA~ OF UNDERSTANDING WITH THE UNITED STATE ARMY CORPS OF ENGINEERS FOR THE CONSTRUCTION OF SEWER FACILITIES WITHIN THE SWEETWATER MARSH LEVY ROAD - The U.S. Army Corp of Engineers has received bids for the improvement of the Levy Road (access to the Nature Interpretive Center). Included in the bid is an optional item for the construction of a sewer line, cleanouts, and items requested by the City to prepare the road to accommodate a filmre sewer utility. Staff recommends approval of the resolution. (Director of Community Development) Councilman Malcolm requested that staff include the names of bidden and amounts of bids in the staff report. 10. KESOLUTION16882 APPROVING FINAL MAP OF TRACT 91-03, OXFORD 'lifttRACE CONDOMINIUMS, ACCEPTING ON BEHALF OF THE CITY THE EASEMEN'IS GRANTED ON SAID MAP WITI-HN SAID SUBDM SION, AND APPROVING SUBDM SION IMPROVEMENT AGI~EF-MENT FOR THE COMPLETION OF IMPROVFI,IENTS REQUIRED BY SAID SUBDM SION, AND AUTHORIZING 'ItE MAYOR TO EXECIrI'E SAID AGPRRMENT - On 3/27/91, the Planning Commission approved the Tentative Subdivision Map for Tract 91-03, Oxford Terrace Condominiums. The Final Map for said Tentative Map is now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 16883 ACCEPTINGBIDSANDAWARDINGCONTRACTFORTHECONSTRUCTION OF SIDEWALK RAMPS ('PHASE IX FISCAL YEAR 1992-93) IN THE cfiY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CONTRACT CHANGE ORDER NUMBER ONE - On 10/14/92, sealed bids were received for the construction of sidewalk ramps. The low bid by Fox Construction was below the engineer's estimate by 7.3%. Staff recommends approval of the resolution. (Director of Public Works) 12. RESOLUTION 16884 APPROVING TEMPORARY DAYTIME CLOSURE FOR A PORIION OF 400 AND S00 BLOCK OF *G" STREET FOR SEWER CONSTRUCTION WORK The City has awarded the Parallel Sewer Construction Project on "G" Street to Ortiz Corporation. In order for the contractor to complete the work efficiently and safely, the contractor is requesting that portions of 'G" Street between Fourth Avenue and Broadway be closed for several hours each day. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. Councilman Rindone questioned whether staff knew there would be closures when the low bid was accepted. Clifford Swanson, City Engineer/Deputy Public Works Director, responded that the proposal for the closure was presented after the bid was awarded. Minutes November 10, 1992 Page 4 Councilman Malcolm was concerned that the construction company would be saving money but the taxpayers would still be paying the same amount. He did not feel the sweet should be closed during the morning rush hour and should also be open shortly before the schools dismissed. The closure of sweets should be included in all future bids. Councilman Moore expressed concern that what was being done was to the benefit of the contractor. Action taken should be in the best interest of the City and he questioned why it had not been included in the bid. MS {Rindone/Moore) to approve Resolution 16884 with the exception that the portion of G Street between 5th and Broadway would have a m~xqmum of six honPs closure during the day thus allowing the egress to and exiting from the elementary school facing G Sneer. Mr. Swanson stated the contractor had indicated that for the block of G Street between 5th and Broadway he could allow eastbound traffic at all times and westbound traffic would be detoured to adjacent Under that scenario there would be access to the school. MOTION WITHDRAWN: {Rindone) RESOLUTION 16884 OFFERED BY COUNCILMAN MOORE, reading of the text was waived. MSUC (Rindone/Moore) to support the closure except between Sth and Broadway which would be restricted to a rnnl'imunl of six hOILr~, i.e. not dosed before school opened or after school dismissed. 13. RESOLUTION 16885 ORDERING THE SUMMARY VACATION OF A PORTION OF MT. MIGUEL ROAD ADJACENT TO TRACT NUMBER 91-01 SALT C~RRI( i CONDOMINIUMS - FN Projects, Inc., owner of proper'e/under Subdivision Map Number 12917 (Salt Creek I - Unit Number 4) and owner of property under Tentative Map Number 91-01 (Salt Creek I Condominiums), has requested a right-of-way vacation of a portion of Mr. Miguel Road adjacent to Salt Creek I Condominiums. The portion requested for vacation was originally dedicated on Final Map Number 12917. The Tentative Subdivision Map for CVT 91-01, currently being processed, requires a realignment of Mr. Miguel Road. Said portion is no longer needed for street purposes. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAK * * PUBLIC HEARINGS AND I~F.I.&TE, D RESOLUTIONS AND ORDINANCES 14. PUBLIC HF. ARING PROPOSED RATE INCREASE FOR HARTSON MEDICAL SERVICES FOR EMERGF. NCY PARAMEDIC SERVICES - On 5/9/89, Council approved an agreement with Hartson Medical Service to provide basic (BLS) and advanced (ALS) life support/ambulance services with Chula Vista. The agreement requires Hartson to respond to 90% of all ALS calls within 10 minutes and 90% of all BLS calls within 30 minutes. Hartson has consisten~y met these threshold standards during the past twelve months. Pursuant to the agreement, Hartson has proposed to increase their fees by an average of 5.2% effective 11/1/92. (Fire Chief) Continued from the meeting of 10/20/92. This being the time and place as advertised, the public hearing was declared open. Tom Morgan, 9573 Chesapeake Drive, San Diego, CA, representing Hartson Medical Service, urged Council to approve the 5.17% rate increase. He then reviewed significant increases in their operating expenses. Minutes November 10, 1992 Page 5 Mayor Nader questioned how long it would take Hartson's to compile additional information. Mr. Morgan responded that they were currently compiling a report for the City of San Diego and felt it would be ready in approximately one month. Sam Lopez, Fire Chief, informed Council it would take approximately two weeks for staff to review the materials. Councilman Malcolm noted that the raise would only affect 39.4% of the patients and of that only 50% paid their bill and would have no affect on the Medicare or Medicaid patients. Carolyn Butler, 97 Bishop Street, Chula Vista, CA, spoke against the increase and recommended that the request be reviewed during better economic times. There being no further public testimony, the public heating was declared closed. MS {Nader/Rindone) to continue the public hearing to the meeting of 1/5/93 to allow Hartson's to furnish further information for Council review. Councilman Malcolm stated that Hartson's had been a tremendous neighbor and consistently met their contractual obligations over the last twelve months. He did not necessarily want the lowest bidder but the best provider for the city. Mayor Nader stated the reason for the motion was not to look at going to a low bidder but to allow Hartson's time to bring back supporting documentation justifying their request for a rate increase. Councilman Rindone stated that was also his intent in seconding the motion. He felt Council should make the appropriate decision once all facts were presented. VOTE ON MOTION: approved unanimously. ORAL COMMUNICATIONS Bill Ayers, 44 E. Mankato, Chula Vista, CA, representing the American Legion, stated he was happy the lease with the American Legion had been resalved. He invited Council to attend the memorial service for the Chula Vista Veterans Council and American Legion at the Park View Bowl. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. RF,?~)LUTION 16886 APPROVING ADDITIONAL CONTRIBUTIONS TO ASSF_,SSMENTS IN CONJUNCTION WITH ASSESSMENT DISTRICT NUMBER 90-2 (OTAYVALLEYROAD) - On 6/23/92, Council confirmed the assessments for Assessment District Number 90-2, Otay Valley Road. Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements. Minutes November 10, 1992 Page 6 These requests were reviewed and brought to Council on 7/21/92. This item is a follow-up to that report. Staff recommends approval of the resolution. (Director of Public Works) John Lippitt, Director of Public Works, requested that Mr. Palumbo's request be removed from the agenda in order to allow more time to meet with SDG&E and the client. RESOLUTION 16886, AS AMENDED (ALTRRNATR A), OFIrr.~RF~ BY COUNCILMAN MALCOLM, reading of the text was waived. Robert Brady, 1360 South Magnolia Avenue, El Cajon, CA, property owner of 505 Otay Valley Road, spoke in opposition of the staff recommendation. He disagreed with the denial by staff of an adjustment of 20% due to a "small" job which mounted to $6,662.31. His costs were in a lump sum for development of the property and, therefore, he had no individual invoices to submit. Mr. Lippitt responded that staff was trying to be consistent in their recommendation as they had done with other properW owners. The idea of giving credits wasn't to cover their entire costs but that they wouldn't be assessed twice for the same thing. VOTI~ Ohl MOTION: approved unanimously. Mayor Nader stated that he had to defer to the recommendation of staff. He noted that the scope of work to be done in the assessment district should be done with some consultation with the properW owners being assessed. 16. REPORT SUPPLENIENTALRRPORTTOP, F~SOLIYHONAMENDINGTHI~FISCALYEAR 1992-93 BUDGET - This report is supplemental to the report and resolution recommending the amendment of the Fiscal Year 1992-93 Budget to propose certain cuts. The primary report indicates that the City Attomey's office will be preparing a response to the Council on the issue of the entire staffing needs for the Attorney's office and to come back with a recommendation. Staff recommends acceptance of the report. (City Attorney) City Manager Goss reviewed the past staff recommendations. Billy Cox, 276 4th Avenue, Chula Vista, CA, representing the Chula Vista Palice Officer's Association, spoke against the staff recommendation. He expressed the Association's concems regarding the freezing of Police Department overtime. He requested that Council reject the staff recommendation and leave the overtime intact and at the discretion of the Chief of Police. William J. Alexander, 773 Brookstone Road, #304, Chula Vista, CA, representing the Chula Vista Library Board of Trustees, spoke in opposition to the staff recommendation. The Library Board had abided with the first round of budget cuts. The second round of budget cuts would result in a loss $24,000 in books and materials. Council had stated that there would not be service reductions but with the proposed cuts, approximately 20,000 annual users would not be served. Councilman Moore stated that he respected any individual coming forth and speaking for their department but they were speaking on specifics and not the budget as a whole. What would have to be decided were the priorities of funding. He felt that Council should also reduce their budget by 2%. Mayor Nader stated it was his understanding that the 2% budget cuts were from contingencies. He questioned whether the City implemented a 2% cut across the board. Minutes November 10, 1992 Page 7 City Manager Goss responded that the 2% cuts were pretty much across the board. The Parks and Recreation Department was below the 2% and the City Attorney's Office was above the 2%. The $164,000 in Police Department overtime would be frozen with the understanding that it could be utilized if necessary. The goal was to have better management of the overtime of the department. Mayor Nader noted that one of the recommendations by Council at the 9/8/92 meeting was a voluntary four day work week for employees and questioned the status of that item. Candy Boshell, Director of Personnel, informed Council that staff had been meeting with the various employee organizations regarding their concerns. There were also a number of legal concerns that had to be addressed. A draft policy was prepared which staff felt satisfied all of the concerns. Councilwoman Horton questioned what the reduction would be to the budget if the Mayor/Council vehicle was turned in. City Manager Goss stated the City was self insured and therefore the cost savings for insurance would be minimal. The tnle savings would be on the maintenance costs and the equipment replacement monies. The $2,300 replacement cost did not deal with O&M budget but revenues could be obtained if the vehicle was auctioned. Mayor Nader noted that those costs would have to be compared to possible reimbursement costs before the impact could be determined. Councilman Rindone stated he had raised the question of usage of City vehicles and felt it was conspicuously absent from the report. He felt it could possibly have an impact upon the budget. Mayor Nader stated that if the City vehicle policy was going to be discussed he would not be able to participate upon advice from the City Attorney. He suggested that it be a separate discussion in terms of the specific issue and agreed that the time taken to bring it back was too long. He stated that also included in the motion on 9/8/92 was to have the City hold off on further expenditures on the animal shelter relocation. Councilwoman Horton stated that her request on 9/8/92 was for a report on the cost savings of a joint use facility with the County animal shelter. Mayor Nader stated that another recommendation at the 9/8/92 meeting was stepped up enforcement of expired auto registration. Rick Emerson, Chief of Police, informed Council that his staff was looking at that recommendation along with the animal shelter. He hoped that report would be ready in approximately one week. Councilman Rindone stated he was concerned with the perceived reduction of Police Department overtime. The first priority of the Council was public safety. He was not convinced the overtime was a reduction as the recommendation was to encumber and freeze the funds. In reality the funds could be utilized, therefore, it was not realistic to say it was a reduction. He did not see it as a reduction and questioned what staff would offer as an alternative. City Manager Goss responded that the only alternative would be to look at other depat ux~ental budgets for the $164,000. Staff was trying to prepare for next year so there would be time during the budget process to review the expenditure patterns. Minutes November 10, 1992 Page 8 Councilman Rindone expressed concern over the perception of cutting the graffiti supplies. At the very least he would support encumbering the funds and freezing them. He was pleased that staff had been so proactive in getting donations for the program but if additional funds were needed they should be there. Councilwoman Horton stated the reason the budget was proposed to be cut was because $16,000 had been budgeted and $3,500 had been spent. She felt that $5,000 was realistic. She had found it very easy to get volunteers and paint donated. She thanked Frazee Industries for donating 110 gallons of paint to cover fences. Mayor Nader stated he had serious concerns with the freezing of the Police Department overtime. If the Chief was actually able to save the $164,000 he would rather see it put back into the department, i.e. hiring of additional police officers or expanding current programs. He didn't feel the City was suffering from a shortfall of administrative services or departments that dealt with land use processing. He also did not feel every employee needed to work fiye days a week and management salaries, not unrepresented salaries, could be frozen. Public safety was the most important single service the City provided. He stated the City Attorney now had a higher case load than ever before and that it was not a department that the City could afford to cut as long as there were other areas for potential cuts. The City should move quickly to implement the voluntary cut back that would save money for the City. MOTION: (Nader) to implement the recommended staff cuts on graffiti supplies and freeze and encumber, not cut, the funds recommended by staff for library materials and refer the balance to staff to bring back a report regarding potential savings of consolidation with the County on the animal shdter, potential revenue enhancement for stepped up enforcement of unregistered vehicles, potential cuts in adrninislration and land use departments, and voluntary four day work week. Motion died for lack of second. Councilman Moore questioned the intent of the administrative and land use depa~ h**ent cuts. Mayor Nader stated the budget for the land use processing departments continued to go up when construction was down. He did not feet that there was a need to have increases or existing levels when the work load was down. There should be a combination of duties in departments which would assist in the streamlining of permits, save duplication of efforts, time savings, and cost savings. He would like a report back to Council. He was not proposing layoffs but savings due to attrition. MS (Moore/Malcolm) to accept the staff recommendations with the exception of the City Attorney and City Council budgets. StJI~'II'I'UTE MOTION: (Rindone/Nader) to accept the staff recommendations with the exception of the City Attorney, City Counc~, and Police Department. Councilman Malcolm stated the Chief of Police figured the depanraent could save an amount in excess of $164,000 due to reorganization of the department. He did not want the Council to state "go spend money". If additional monies were to be expended he wanted to know the where, when, and what of the programs. VOTE ON SUBSTITLrFE MOTION: apprnved 3-2 with Malcolm and Moore opposed. MSUC (Moore/Malcolm) to reduce the City Council's budget by approximately 2% with the cuts being left to the Mayor's disa'etion. MSUC (Malcolm/Nader) to not cut the City Attorney's budget. City Attorney Boogaard stated he would bring back a confirming resolution for Council approval. Minutes November 10, 1992 Page 9 RESOLUTION 16887 AMENDING THE FISCAL YF~,R 1992-93 BUDGET - On 9/8/92, Council approved a recommendation to implement city-wide cuts of $755,505. During the discussion, Council separated several issues from the proposed cuts and requested that staff provide additional information on these issues. Staff recommends approval of the resolution. (Administration) 4/Sth's vote required. 17. RESOLUTION 16888 APPROVING THE RECOMMF2qI)ED PLAN FOR THE DIVANSION OF THE ~'tY A'ITORNETS OFFICE, WAIVE THE COMPETITIVE BIDDING REQUIREMENT FOR ACQUISI'IION OF WORKSTATION FIXTURES, AMEND THE BUDGET TO APPROPRIATE FUNDS FOR SAME, AND AUTHORIZE THE PREPARATION OF DESIGN SPECIFICATIONS AND REQ~ FOR BIDS, AND THE ACQUISITION OF FURNITURE AND FIJRNISHINGS, TO IMPLEMF24T SAME - Due to the press of business in the City Attorney's office, Council authorized a deputy city attorney position at the time of adoption of this year's budget. At the ~ime, the issue of secretarial support for the new position was deferred until the approval of the Redevelopment Agency's budget, and it was understood that it would be necessary to provide a place to house the attorney and secretarial positions selected to fill the new positions. Staff recommends approval of the resolution. (City Attorney) 4/Sth's vote required. City Attorney Boogaard informed Council that Councilman Malcolm had submitted a new architectural drawing for his office and recommended it be attached to the Resolution as Exhibit A. Councilman Malcolm felt the redesign was appropriate and more in focus with the economic times. He stated the City Attorney and City Manager supported the redesign. He reviewed the changes and stated that it was his understanding that the plan would have to be reviewed by staff and the Design Review Committee. City Manager Goss stated the redesign was in compliance with the overall plan and would have to be reviewed by staff and the Design Review Committee. RESOLUTION 16888 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved unanimously. ITEMS pUI.l.~n FROM THE CONSENT CAIINDAR Item pulled: 12. The minutes reflect the published agenda order. OTHER BUSINESS 18. Cl'lY MANAGER~ REPORT(S) - None MAYOR'S REPORT(S} a. Ratification of appointment: Raymond L. Bernier - Design Review Committee. MSUC (Nader/Malcolm) to ratify the appointment of Raymond L. Bernier to the Design Review Cornmillee. b. Mayor Nader requested a verbal report regarding any impacts on bus service due to the construction on Quintard. Minutes November 10, 1992 Page 10 c. Mayor Nader congratulated Councilwoman Horton and Councilman-elect Fox. He had an opportunity to read the Clinton economic plan and felt there would be an increase in federal monies for infra-structure improvements for economic development. The City should start looking now at what infrastructure improvements would be most beneficial to the City, would help the City set up a successful enterprise zone, business incubators, and recruit back into the community the manufacturing job base lost over the last several years. He requested that staff look at that and bring back any necessary action. 19. COUNCIL COMMENTS Councilman Malcolm · Appointment of new Council representative to Legislative Committee. Councilman Malcolm stated he had talked with the Legislative Committee and recommended that his vacancy be filled by Councilwoman Horton. MSUC (Malcolm/Moore) to appoint Councilwoman Horton as the new Legislative Cornrniltee member. · Councilman Malcolm stated the City needed to take positive action regarding the Olympic Training Center as there was a possibility that the City could lose the opportunity. He felt staff should be directed to work exclusively on the project to push it through. It would be a good investment even if the City had to hire someone just to work on the project. He requested that it be placed on next weeks agenda or that the City Manager take action on his own. Mayor Nader requested that it be placed on next weeks agenda in case Council action was appropriate and so the City Manager could inform Council of his intentions. Councilman Moore: · Councilman Moore stated that the legislative program established by the City, along with the legislative team, was appreciated and approved of in Sacramento along with SANDAG and the other cities in the County. Councilwoman Horton: · Councilwoman Horton thanked Frazee Industries for donating 110 gallons of paint to the City and acknowledged the local Frazee store on Third Avenue. ADJOURNMENT City Attorney Boogaard informed Council that two items had arisen after the posting of the Agenda, i.e. Otay Valley Road Widening and an update on the Jones Intercable litigation, and requested that Council find there was an urgency to discuss the matters in Closed Session. MSUC (Nader/Manre) to find that the matters of Otay Valley Road widening and Jones Intercable arose after the posting of the Agenda and declaring an urgency to discuss the ir~rn~ in Closed Session. The City Council recessed at 9:28 p.m. and met in Closed Session at 10:59 p.m. to discuss: '/ Minutes November 10, 1992 Page 11 Pursuant to Government Code Section 549567 and 54957.6 - Instructions to negotiators regarding compensation for executive middle management, unrepresented and unclassifled part-time employees. Pursuant to Government Code Section 54956.8 - Disposition of Property: Rancho del Rey Business Center located on north side of East "H' Street between Ridgeback Road and Tierra Del Rey, Rancho del Rey Parmership and RDR Business Center Limited (Owners). Council reconvened the public meeting at 12:50 p.m. City Attorney Boogaard requested Council approve the proposed settlement agreement for the Otay Valley Road Widening, substantially in the form presented, with general authority given to the City Attorney to make minor modifications thereto and to have the Mayor execute the agreement in such form as satisfactory to the City Attorney. MS{] (Malcolm/Moore) to approve the City Atrornefs recommendation, approved 4-0-1 with Horton absent. ADJOURNMENT AT 12:55 P.M. to the Regular City Council Meeting on November 17, 1992 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopmerit Agency commenced at 9:29 p.m. and adjourned at 10:59 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, De~ City Clerk