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HomeMy WebLinkAboutcc min 1993/08/24 MINLrlTe.5 OF A REGULAR MEETING OF THE CITY OF CHUIA VISTA Tuesday, August 24, 1993 Council Chambers 6:04 p.m. Public Services Building CAIL TO ORDER 1. ROLl. CALL: PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader. ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk. 2. pI~r~GE OF AIJ.F. GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Mayor Nader presented the 1993 State of the City Address. CONSENT CP-I.RNDAR (Item pulled: 6) BAI2M~CE OF THE CONSENT CALENDAR OIq.'ERED BY COLrNCILMAN RINDONE, reading of the text was waived, passed, and approved unanimously. 5. WRI-I-IEN COMMUNICATIONS: a. Letter of resignation from the Civil Serfice Comrnlgsion - Mary Casillas Salas, 802 East "J' Street, Chula Vista, CA 91910. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Approved S-0. 6. RESOLUTION 17226 AUTHORIZING F[lXLMqCIAL SUPPORT FOR THE 1995 U.S. WOMF2eS OLYMPIC MARATHON TRIALS - The Greater San Diego Sports Association and Elite Racing are organizing a bid for the 1995 U.S. Women's Olympic Marathon Trials and are seeking public and private sponsorships. The Trials course would begin at the new Olympic Training Center. The City is being asked to contribute $65,000 over a three year period. Benefits would include extensive national media coverage and significant economic impact from the projected 250,000 spectators. Staff recommends approval of the resolution. (Director of Community Developmen0. Item pulled from Consent Calendar. Councilman Rindone stated he had two concerns: (1) There was an indication that Chula Vista would be prominently mentioned in participation for the sponsorship. He also wanted to make certain it appeared in the press guides. (2) He wanted to be assured that the eight minute video would not be a duplication of the one already authorized with Four Square Video. Minutes August 24, 1993 Page 2 ) RESOI.LrrION 17226 O~ BY COUNCILMAN RINDONE, reading of the text was waived, passed, and approved unanimously. 7. RESOLUTION 17227 INTENTION EXPRESSING WILLINGNESS TO SHARE EQUALLY THE COST FOR THE OTAY VAI.I.RY ROAD AND 1-805 INTERCHANGE SIGNAL IMPROVEMENTS - Caltrans recently informed staff of their near completion of a Project Report for a cooperative project for traffic signals, lighting, striping, and widening on Otay Valley Road at the 1-805 interchange. A resolution expressing the Cit~fs intent to share equally the cost of the project is required to complete the Project Report and receive approval from Caltrans. Staff recommends approval of the resolution. (Director of Public Works). Approved 5-0. Councilman Rindone did not want to pull the item but commented that he supported the staffs recommendation and mentioned that when we were tvJing to do this on our own before we had the additional requirements from the State, the project was going to cost $289,300. Now that the State was going to split the costs; and they have the additional requirements, the project has doubled to over $670,000. Thus, our fifty percent was now greater than our previous one hundred percent. Mayor Nader added that it was even worse than that because the original cost, before the doubling, was already double of what the City typically pays for traffic signals. That was also because of State imposed requirements. He felt that if the State was looking for some way to save some of the money it was taking from the cities each year, the fleeway interchange signal requirements might be one place to look. Councilman Moore stated it would be appropriate to send a letter to the Commission Chair and the senior legislator on that Commission as well as a copy to the local region noting that there must be a better and faster way to get things done if local communities were going to have to share in the expansion and improvements of intersections. Mayor Nader directed staff to prepare such a letter for signature. 8. RESOLUTION 17218 ACCEPTING BIDS AND AWARDING CONTRACT FOR TREE TRIMMING SERVICES IN THE U'IY - Sealed bids were received on 7/21/93 for tree trimming services. The subject project includes the trimming of a total of 5,011 trees located at various locations throughout the City. Staff recommends approval of the resolution accepting bids and awarding the contract to Golden Bear Arborists, Inc. (Director of Public Works) Continued fi-om the meeting of 8/10/93. Approved 5-0. Mayor Nader commented that the staff report stated that we don't have a record of who damaged the tree located on the East side of Fourth Avenue between Davidson and E Street, but that it will be replaced with a bottle brush. The constituent was concerued, not that it be a particular type of palm tree, but that it be a more attractive tree than a bottle brush. He asked ff staff was open to looking at more alternatives? David Byers, Deputy Public Works Director/Operations, responded that staff did not think there was any other alternative that would fit in that parkway because it was so narrow. That was why the bottle brush was selected for that particular area. Mayor Nader stated this was not the issue before Council, but at some point he would like to engage in some more discussion with staff on this. He also wanted staff to find out who did the faulty tree trimming which resulted in the tree splitting, and why it had been left there that long. Since neither question related to the contract before Council, he would not pull the item. Minutes August 24, 1993 Page 3 City Attorney Boogaard stated that the contractor did not feel it was particularly fair to add additional specifications to the contract, but he would reluctantly consent to that additional language if Council insisted. The language was about making him specifically responsible. City Attorney Boogaard's recommendation was not to change it since he did not feel there was substantial additional protection added. 9. RESOLUTION 17228 APPROVING A CONDITIONAL GRANT OF EASEMENT TO THE OWNERS OF THE PROPERTY AT 915 PASEO RANCHFRO FOR ADRIVEWAY, ALFrHORIZING THE MAYOR TO SIGN THE CONDITIONAL GRANT OF EASEMENT AND ALrrHORIZING THE ENCROACHMENT BY SUCH EASEMENT INTO OPEN SPACE LOT A, MAP 12695 - The First United Methodist Church, located at the southeast corner of Paseo Ranchero and East "H" Street is requesting to install a driveway through City Open Space within Lot A of Map 12695. Staff recommends approval of the resolution. (Director of Public Works). Approved 5-0. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND I~t.ATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERATION OF A RESOLUTION OF INTENTION (ROD TO COOPERATE IN THE PREPARATION AND POSSIBLE ADOPTION OF THE CLEAN WATER PROGRAM MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) - In conjunction with the implementation of the San Diego Clean Water Program, the City of San Diego has been coordinating the preparation of a MSCP to mitigate the environmental impacts of sewer system expansion. A ROI has been developed for approval by the twelve local jurisdictions within the MSCP Study Area, including the City of Chula Vista. The ROI addresses continued participation in the development and adoption of an MSCP Plan by identifying a schedule, responsibilities, voluntary actions, and the contents of a final Plan. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17229 APPROVING THE NON-LEGAlLY BINDING PROVISIONS OF THE RESOLUTION OF IN'rF2q"TION ON THE CITY OF SAN DIEOO MULTIPLE SPECIF_q CONSERVATION PROGRAM CMSCP) PLAN Robert Leiter, Director of Planning, stated that this item was scheduled as a public hearing in response to a request by the Alliance for Habitat Conservation based on some concerns they noted when they reviewed this. A revised Resolution of Intention was prepared addressing some of the concerns pertaining to the interim review of development projects. Based on those revisions, the Alliance for Habitat was in support of the proposed Resolution of Intention. Councilwoman Holton stated that the staff report indicated that modifications could be made by individual jurisdictions in adopting the proposed Resolution of Intention. What was the process to make those modifications? Mr. Leiter responded that modifications could be made at the time the Council initially adopted the Resolution of Intention or at any future time by directing staff to place the proposed change on the Agenda and request the modifications. It does not require that the Clean Water Program approve the changes. Councilman Fox thought that the draft MSCP was not coming out until October. In a letter by the Construction Industry, they were in favor of the MSCP addressing only the coastal sage scrub versus multiple species. Minutes August 24, 1993 Page 4 Mr. Leiter responded that the draft plan had not been released. The Construction Industry's position was being studied by the working group and consulting team. There were two alternatives being studied with regard to doing an economic and land use analysis: one of which would be a multiple species approach and the other the coastal sage approach. Mayor Nader stated that this program was being advanced under the auspices of the Clean Water Program. He asked if the program would, as currently contemplated, be designed to meet the needs of that program as to give that program priority for mitigation over other projects that this City or other jurisdictions might be more interested in pursuing. Mr. Leiter responded that at this point, he did not feel the planning approach would favor that. However, that would be a consideration that staff would certainly be watching closely for and be responding back to Council if the program moved in that direction. Councilwoman Horton asked if the items of concern listed in the staff report have been resolved and do we have a position on any of the items? Mr. Leiter responded that those were issues currently under discussion in the technical studies being prepared and discussed by the working group. There hasn't been any decision on those items at this point, neither have we taken a formal position on any of those. We would plan to come back to the City Council prior to adoption of any kind of a plan to present those issues in final form. This being the time and place as advertised, Mayor Nader declared the public hearing open. Addressing Council were: ,/~ · Normal Sullivan, 5858 Scripps Street, San Diego, 92122, representing the San Diego, Palomar, and Buena Vista Audubon Society Chapters. She strongly supported all three of the planning efforts going on of which the MSCP was one. She urged Council to support the Resolution of Intention. · Patricia Gerroderte, 3820 Ray Street, San Diego, 92104, representing the Sierra Club and the Endangered Habitat League. She stated that both groups urged approval of the Resolution of lntenrion and to continue participation in the MSCP working program. There being no further public testimony, the public hearing was declared closed. Councilman Moore stated that when San Diego votes, it was to include Chula Vista's areas of concern. He asked if this had been modified? He did not want San Diego to vote for Chula Vista. Mr. Leiter responded that at one time there was a discussion that the special rule for the gnatcatcher was going to use this program as a way to adopt a NCCP for the entire region rather than have local jurisdictions do their own NCCP planning. That has been rejected. Councilman Moore pointed out that the matrix showed that City of San Diego's vote would cover Chula Vista. Mr. Leiter responded that there wasn't any provision at this point that would take away Chula Vista's independent authority to do its land use and conservation planning. RESOLUTION 17229 OFP'Y_AED BY HORTON, reading of text waived, passed, and approved unanimously. Minutes August 24, 1993 Page 5 ORAL COMMUNICATIONS · Robert McCauley, 1987 Bucknell Street, Chula Vista, 91913, representing the American Legion, invited the Mayor and Council to the rededication and flag raising ceremony for the completion of the remodeling of the American Legion Post 434 on Saturday, September 18, 1993 at 7:45 a.m. at the Post followed by a ribbon cutting ceremony and refreshments. · Carolyn Buffer, 97 Bishop Street, Chula Vista, 91910, stated that the bus schedules have not been updated although she had been reassured by Bill Gustafson and Sidney Summers that the problem had been taken care of. She stated the bus schedules were dated March 15, 1990 and earlier although they have been updated since then. She further stated that she wanted the Senior Disabled Commission reinstated. She had formed a group and they were now changing it to the Disabled Transportation Commission. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 11. ORDINANCE 2566 ADDING SECTION 9.50.068 AND AMENDING VARIOUS SECtiONS OF CHAPTER 9.50 OF THE MUNICIPAL CODE REGARDING THE SPACE RENT CHARGED IN MOBIHIHOME PARKS {first reading) - In May 1993, Council adopted Ordinance 2551 which made various changes in the regulations regarding the space rent charged in mobilehome parks. The proposed ordinance makes clarifying, administrative, and substantive changes to Ordinance 2551. Staff recommends Council place the ordinance on first reading. (Director of Community Development) David Gustarson, Assistant Director of Community Development, presented the staff report. He stated that Ordinance 2566 made some miscellaneous changes to Municipal Code Section 9.S0. It came to light when Ordinance 2551 was being considered. We moved quickly with Ordinance 2551 in order to get a criminal enforcement provision included in the Municipal Code Section with the intention of coming back with these refinements. Alicia Rogers, Community Development Specialist, stated that on August 19, the Mobilehome Rent Review Commission considered Municipal Code Sections 9.50.068(a) and 9.50.076(b). At that time, the Commission recommended that these additions be included in the ordinance. Section 9.50.068 was added in order to prevent any confusion regarding the CPI figure to be used by park owners. Section 9.50.076C0) provides that a notice be posted in a prominent place in the park owners office and would allow potential purchasers in the park to know that they have the right to mediate the purchase price. ORDINANCE 2566 OH'~RED BY COUNCILMAN MOORE, reading of the text was waived, passed, and approved unanimously. 12.A. RESOLUTION 17230 APPROVING A CONTRACT WITH EBP, INC. FOR CONSULTANT SERVICK~ JIFJATED TO THE BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) On 1/12/93, Council created a task force to identify ways to ateact environmentally sensitive businesses, On 5/11/93, Council adopted the task force's recommendations. On S/18/93, Council appropriated $100,000 in Community Development Block Grant (CDBG) funds to hire a BECZ Coordinator to begin implementing the program. The two Minutes August 24, 1993 Page 6 .) proposed consulting contracts would utilize a total of $20,000 of the approved CDBG funds to expedite implementation of the program. Staff recommends approval of the resolutions. (Deputy City Manager Krempl and Director of Community Development) B. RESOLUTION 17231 APPROVING A CONTRACT WITH KSK AND ASSOCIATES FOR CONSULTANT SERVICES RELATED TO THE BORDER ENVIRONMFJqTAL COMMERCE ZONE ~BECZ) Cheryl Dye, Economic Development Manager, stated that staff had nothing further to present than what was in the staff report. Councilman Moore stated he had some major concerns about how much time was being spent on this. He felt the Federal Government would come through with a new type of funding that would be beneficial to those in environmental manufacturing. He was concerned that the bread and butter for economic development in the City was retention and expansion and felt we were ignoring the expansion and retention because there was not enough clerical staff. Councilwoman Horton stated that this was what she wanted to talk about under her comments. Councilman Fox asked if either the staff or the proposed consultant were prepared to preliminarfly identify some of the possible resources that were going to be available. Kathryn Krauss, consultant, stated there were a number of possibilities at both the State and Federal level. The governor has identified environmental technology as an area he wants to pursue and has directed CAL EPA to expend considerable resources in this area. The trade and commerce agencies have dedicated the whole area of environmental technology development on a global scale, so they will be committing State resources to the program. At the State level, refinements had been made in the Unitary Tax Structure. This was a specific area within the State budget that will allow the Border Environmental Commerce Zone to be eligible for some of those funds. At the Federal level, the U.S. Department of Commerce has stated that the environment was an area they want to expend funds. There was also the EPA and a whole array of new programs in Congress to promote U.S. environmental technology companies and service providers in the emergent overseas markets. There were potentially a dozen sources at both the Federal and State level that could provide the seed money that this program needed. M (RINDONE) that the contracts be adopted, and at the end of the two months, staff give Council a report on each contract along with a report on staffing recommendations by the City Manager. RESOLLrFIONS 17230 AND 17231 OFFERED BY COUNCILMAN RINDONE, reading of the text was waived. City Manager Goss commented that there was a vacant Community Development Specialist II position which has been recruited and will start on September 7 who will be helping the Economic Development Manager. In connection with the budget, there was the equivalent of a half staff person which was being allocated from Management Services and from Administration into the Economic Development section. Councilman Moore felt that Councilwoman Hotton should move her item from the Comments Section to discuss with this item. Councilwoman Hotton stated that business retention and expansion was the City's livelihood. It provided the revenue stream which we needed to continue to provide the type of services needed in Chula Vista. After sitting down with the Economic Development Manager, she found out how little staff support the Manager had. She was amazed and could appreciate why the programs under Economic Development were not ,/ getting off the ground. She felt it was extremely important that the Economic Development Section have Minutes August 24, 1993 Page 7 its own separate clerical support. She felt that we should be looking at another support person besides the Specialist II which had just been hired in order to be able to work on other programs to help retain and expand businesses in Chula Vista. Councilwoman Horton stated she would like staff to come back with a report addressing Council's concerns and recommended using the $100,000 CDBG funds set aside for the biotech zone for a consultant to get this program off the ground because it would provide financial sources for businesses who are having a hard time with their expansion. MS (RINDONE/NADER) TO ADOPT THE RESOLUTIONS AND TO DIRECT THE CITY MANAGER TO COME BACK TO THE COUNCIL WITH A REPORT ON THE APPROPRIATE STAFFING FOR ECONOMIC DEVELOPMENT. Councilwoman Hortou requested that the motion include her concerns regarding the $]00,000 that was set aside for the biotech. It was agreeable to both the maker and seconder of the motion to include this in the motion. Economic Development Manager Dye stated that staff was recommending that the effective date on the conlract with Environmental Business Parmen be changed fi'om August 25 to September 7 to accomplish two things: (1) make it correlate to the contract with KSIQ and (2) allow a few additional days to ~nalize insurance coverage which was required. This would change the two monthly payment dates to October 7 and November 7. Councilman Rindone and Mayor Nader both concurred with staffs recommendation. VOTE ON MOTION: Apprnved unanimously. 13. REPORT SOLID WASTE ISSUES An oral update report was given by George Krempl, Deputy Manager. He stated that staff was still in the information gathering stages as far as getting additional data regarding landfill alternatives. Staff has met with three of the alternative providers including information on the rail haul to Utah. Staff has met with Waste Management, Inc. on the El Cajon proposal. There have been discussions with Laidlaw, and a meeting has been scheduled with the people from Campo. Staff was hoping to bring another report to Council in early September. Oceanside and Escondido have decided not to join the Interim Commission along with Chula Vista. The Board of Supervisors will be meeting on August 25 to discuss the tipping fees. We are in court on August 27, and the Council has a Special Session scheduled at noon. Councilman Rindone requested that staff give Council a call with the results of the Board meeting. He further stated that Council was at the point where they have to look seriously at viable options. He requested that staff come back next Tuesday with what preparations were necessary to go out for an RFP in planning to find resolution to the issue. This will send a strong message that we are proactive in finding a resolution not just in protecting the surcharge infringement upon the rate payers. MSUC (RINDONE4HORTON) FOR STAFF TO COME BACK ON TUESDAY, S~ER 7, WITH PREPARATIONS THAT WERE NECESSARY FOR GOING OUr FOR A RFP IN PLANNING TO FIND A RESOLUTION TO THE SOLID WA,~-f~ ISSUE. Minutes August 24, 1993 Page 8 ) ITEMS pUI.I.I~ FROM THE CONSENT CALENDAR Item pulled: No 6. The minutes will reflect the published agenda order. OTHER BUSINESS 14. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. There will be a joint meeting with the Board of Supervisors on the Otay Ranch on August 25, 1993 from 3:00 to 7:00 p.m. at the County. Also, a special meeting with the Council on Friday, August 27, 1993. b. Reported that there was an article in the August 24 Union Tribune in the business section regarding Rohr which was attached to a draft letter that he was mulling over as to whether to send it to the Editor. One of the points in the diagram to the article was that the engineering building was opened in Chula Vista but was emptied by layoffs. Yet, the article made it clear that the building was currently two- thirds full. The implication on the front page chart that the building was empty was contradicted later on in the article. The other thing stated in the article was that Rohr had to wait for years for building permits for that building. That was not true. Mayor Nader stated there was another comment made in the article that he found more disturbing than either of those. They quoted an unidentified institutional investor as saying, "clearly they had poor costs and poor labor relations in Chula Vista so you sure don't want to put any more eggs in that one basket, so I think they had to go elsewhere." Perhaps working with the Economic Development Manager and other sources, we should make some prompt effort to correct the impression that this was a consensus of opinion in the financial community. He felt this was more misleading and damaging to our City than other statements in the article. Mr. Goss stated he would add a third section to the letter to include this. · Mr. Goss announced that Barbara Bamberger had received a $30,000 grant from the Jesse Smith Noyes Foundation. This will help the City develop a City-wide toxic use audit and a toxic use reduction policy related to City operations such as park maintenance, pesticide, and herbicide in public places. Staff will be back on September 21 with a full report on the Grant and its implication to the City. c. The next CIP tour would be on Saturday, September 11. However, there were no pending requests on file for that tour. Councilman Moore felt it might be good to invite the Planning Commission and/or Design Review to a joint meeting similar to what was done recently with Parks and Recreation. The first hour for discussion and then go on the tour with the Council. · Councilman Rindone stated that he would not be available on August 30 for the interviews. He requested that the meeting be moved to August 31. Mayor Nader stated he had made another commitment for the 31st. He suggested that the interviews could be recorded so that if Council was not prepared to make appointments that evening, he would be able to listen to the interviews or he could call the candidates at his convenience. Minutes August 24, 1993 Page 9 · Mayor Nader stated that he would not be available on September 11, but if there were items which Council wished to see on a tour that should not preclude a tour from occurring. 15. MAYOR'S REPORT(S) a. Ratification of appointments: Youth Commission - Nicole Cazares Creappoint); Youth Commission - ,locelyn Castillo; Youth Commission - Tyron Meservy (reappoint); Youth Commission - Steve Ceballos; Resource Conservation Commission - Michael Guerreiro. MSUC (NADEK/HORTON) TO RATIFY THE APPOINTMENTS. b. Clarification of redassification not to apply to special adjustments under previous consideration. Mayor Nader stated that there had been some misunderstanding among the employees as to what the Council did when we declined to approve two of the reclassification proposed by management in the budget deliberations this year. There was some other procedure called a special adjustment that as part of a prior collective bargaining agreement had been under some stage of review by management, and somehow some employees have been told that Council had forbidden management from reviewing those. That was not what Councfi did in proposing not to do the reclassi~cation. The Council has not given any direction to the City Manager or his staff on that subject. He felt that this should be clarified on the record. Mr. Goss responded that the reclassi~cation freeze had nothing to do with the special adjustments which has been discussed in the past and was part of the current negotiations. The position at the table reflects the guidelines that Council had given staff on salaries. The special adjustments relate to demands by CVEA that certain classifications were underpaid and should be paid more based on equity as opposed to increases. c. Consideration of establishing monthly sewer charges based on water usage. Mayor Nader stated this was a subject which has been taken up in other cities with different results. He had received a number of calls suggesting that sewer charges should in some way be related to actual water usage instead of every individual and business gevcing the same charge per unit. MS (NADER/FOX) TO DIRECT STAFF TO COME BACK WrrH A REPORT ON POTENTIAL RESTRUCTURING OF SEWER RATES TO REFLECT WATER USAGE. Motion failed 2-3 (Horton, Moore, Rindone no). d. Discussion and potential direction to our Wastewater Management District dalegates. Mayor Nader stated that we were quickly approaching the time when we have to decide whether we will be a permanent participant in the new Wastewater Management District which was intended to take over the function of the old Metropolitan Sewer System. The City has gone on record expressing a number of concerns in regard to that District and the direction its taking. The City Attorney has indicated that we have until the first of November to make a final decision without penalty. City Manager Goss stated that staff would like to provide further input at some point in time as to whether or not withdrawal should actually occur. Councilman Rindone requested that this item be brought back at the September 7th meeting with an analysis by staff. Minutes August 24, 1993 Page 10 ) Councilman Moore stated that if we constructed the Otay Reclamation Plant through our own bonds, not the District's, then we should be relieved of the power plant and certain distribution systems. Councilman Moore asked what were our rights under the current contract that goes to year 2014. Even the present contract has a fair share cost of certain metro improvements. John Lippitt, Director of Public Works, responded that we would have to share in the improvements and betterments at Point Loma based on our flow rate. Councilman Moore felt that the one thing we should not have to share in was the expansion of Point Loma which was guaranteed by San Diego. Mayor Nader stated that it was his intent to relay at the next Board meeting of the Wastewater Management District the position we took last Spring and to indicate that consideration of our options was now on the table and that we would be taking the item up in September prior to the next meeting of the Wastewater Management Board. He said he was concerned from what he was hearing not only at the Board meetings, but outside the Board meetings and at subcommittee meetings that the City of San Diego was continuing to take a very dominant role. 16. COUNCIL COMMENTS Councilwoman Horton: a. Request for report on the world oad of existing staff resources and their sufficiency to implement the Cit~fs economic development goals and a recommendation to address deficiencies, if any. Counc~woman Hotton stated that her concerns had been addressed during the discussion with the Economic Development department and goals. Mayor Nader stated that he had heard that a draft of the Community Reinvestment Program had been completed. He asked if that was accurate? Councilwoman Hotton responded that it was a survey which was done so that you can evaluate the need for small businesses in the community. David Gustarson, Assistant Director of Community Development, responded that the Mayor was correct. There still needs to be a staff review of the quality of the document and then docketing the agenda item. Mayor Nader stated he had heard that a Community Development Specialist II was going to be hired, but that it was an entry level position. He asked how much would they be paid? Mr. Gustafson replied that it was above entry level. Community Development I was entry level. After two years of satisfactory progress, they could move up to a Community Development Specialist II. This person does have experience and was being hired at a level beyond the entty level. The candidate had been selected. He did not recall the salary, but thought it was in the neighborhood of $38,000. Mayor Nader stated that the Economic Development Manager may not have the level of clerical support she needed and was actually doing a lot of her own clerical work. The Council, during the budget deliberations following Sacramento's action, took action to not fund a third clerical position which was vacant in Administration. He felt we should look at whether the City may be better senred by providing those clerical resources to Economic Development. Minutes August 24, 1993 Page 11 City Manager Goss stated that there were different funds involved. One was the Redevelopmeat Agency Fund and the other was the General Fund. Mayor Nader stated that there was no law that stated Council could not appropriate funds from the latter to assist the former. Especially since economic development would result in the long-term benefit to the General Fund. City Manager Goss stated that the overall practice of Council had been to use the Redevelopmeat Fund to support the staff in the Community Development Department. In that way, you do not put a burden on the General Fund. Regarding the clerical position in Administration, there has been some difference of opinion of what the Council action was between the Mayor and himself, and they would be bringing that forward for a clarification. Mayor Nader stated that the problem was that the Council acted, and the minutes indicated, to delete funds for the third clerical position in Administration which was vacant. It was a split vote, but the majority of Council acted to do so. Somehow Administration was interpreting that as direction from the City Council that they could hire hourly help to fill that third position. The action of the Council did not actually include that direction, nor did the action of the Council allocate funds for that third position. Councilman Fox requested that Council be provided a copy of the minutes and clarified that this would be included under the Mayor's Reports. · Councilman Rindone stated that the polls seem to indicate that the 1/2 cent sales tax would not be supported by the voters. He would like to see how the City would start steps to prepare for this defeat since it would be very substantial. He was concerned because it would have a tremendous impact on the City. City Manager Goss stated that if this did fail, it would mean about $160,000 less in revenue. Staff was prepared to give Council a report on how this could be accomplished within the budget. Councilman Rindone requested that Council receive this as an informational item early so they could review it. Councilman Fox: · Reminded Council that they needed to select the candidates to be interviewed at Monday's meeting. · He stated that the clarification of the third clerical position in Administration will be an agenda item, not an informational item. Councilman Rindone: · Stated that he had received some concerns from constituents regarding the closure of Moss Street and the proposed project there. He did not have a clue as to what they were talking about. Notices have been sent to the community, and there were a lot of upset citizens. He asked what were we doing? Councilman Moore stated this was where Moss and Naples come together at a 7. If you are traveling east on Moss, you have to look 120 degrees over your shoulder to see the traffic. What they have been talking about for years was to close a portion so that you come over to Naples to where there was only a ninety degree entry and good visibility. Minutes August 24, 1993 Page 12 Mr. Lippitt stated that there was a study done and a request by the person who owned the Iriangular parcel and the Country Club to realign Moss so there would be a ninety degree turn from Moss onto Second Avenue, Mayor Nader requested that a copy of the report be sent to the entire Council along with a copy of whatever was sent to the public. · Councilman Rindone stated that there was a memo which had been received from staff in attempting to follow Council's policy regarding the reporting of vehicle miles. He hoped that information could be forwarded so Council could get a final report for this last year. * * * Mayor Nader called a recess at 8:45. Meeting reconvened at 8:52 p.m. * * * ADDED URGENT BUSINESS City Attorney Boogaard stated there had been a request from the auto park developer to approve three agreements associated with the construction of the internal roadway and other irffrastructure facilities at the proposed auto park site. The matter was not scheduled for the agenda, but was scheduled for September 7. The auto park developer was asserting that the lender needed the assignment of the acquisition agreement proceeds so the GMAC could make a loan to the auto park developer for the construction of the infrastructure facilities. He would like to have the developer provide the evidence that this was of such a nature that it should not wait until the 7th meeting, but rather be heard by the Council this evening. Mr. Salter, auto park developer, stated that the urgency was that South Bay Chevrolet was in a position to start their actual grading and foundations immediately. GMAC has told South Bay that was fine, they will close the loan twenty-four hours after approval from the Council and all documents were signed with the exception of the ~vo documents scheduled for the 7th. If they could be acted on tonight, they would be able to break ground on Monday morning. If not, GMAC has told us they would not be in a position to close until September 10. This would give them a two-week jump on construction. City Attorney Boogaard requested that Council make the finding of an urgency to handle the matter this evening. MSUC (MOORE/NADER) TO FIND THAT AN URGENCY EXISTS AND TO PLACE THE AUTO PARK ISSUE ON THE AGENDA FOR CONSIDERATION. RESOLUTION 17232 APPROVING AND AUTHORIZING EXECUTION OF AG~RRMENTS IN ASSESSMENT DI:~fKICT NUMBER 92-2 (AUTO PARK} - On 3/23/93, Council adopted the resolution of intention to order the acquisition and financing of certain infrastructure serving the Auto Park development pursuant to the Municipal Improvement Act of 1913. On 5/4/93, Council adopted Resolution 17102 giving preliminary approval to the Engineer's Report for Assessment District Number 92-02 (Auto Park) and setting the public hearings. The two public hearings were held on 6/8/93 and 6/22/93. After the second public hearing, staff was directed to bring to Council the resolutions forming the district after the recordation of the Auto Park Parcel Map. Staff recommends approval of the resolution. (Director of Public Works) Mr. Lippitt stated that there were three agreements before Council. The first one was the Acquisition and Financing Agreement which sets forth the provisions whereby the developer would install the improvements for the s~eets, water lines, sewer lines, pump station, etc. Once the work was done, the City would sell bonds and reimburse him. The bonds would be paid off from the assessments from the properties in the auto park. The second agreement was the Agreement and Assignment between the Otay Water District and Minutes August 24, 1993 Page 13 the City and Developer where the City would acquire the water lines from the developer once they were constructed. Then the City would transfer the water lines over to the Otay Water District. The third agreement was the Assignment of Proceeds Agreement which sends the General Motor Acceptance Corporation, the major backer and financier of the project, a portion of the proceeds (47%) from the District to them. Mayor Nader asked the City Attorney if it was his recommendation that Council adopt the Resolution. City Attorney Boogaard stated that staff has not had a chance to review the agreements. The resolutions have been structured to have authority given to the City Manager and City Attorney to negotiate any changes they think were the most appropriate for the City. His recommendation was to adopt the resolution. He further stated that the bond sale decisions will be brought back to the meeting of September 7. RESOLUTION 17232 OFFERED BY COUNCILMAN FOX, reading of text was waived, passed, and apprnved unsnimously. ADJOURNMENT The City Council recessed and met in a closed session at 8:58 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers ONCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego relating to trash surcharge. Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. various insurance companies regarding collection of clean-up costs on the paint pit. Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley Rock Quarry CUP. Evaluation of City Manager pursuant to Government Code Section 54957. Closed Session adjourned at 10:20 p.m. to a joint meeting of the City Council/County Board of Supervisors on Wednesday, August 25, 1993 at 3:OO p.m. at the County Administration Center, thence to a special meeting of the City Council on Friday, August 27, 1993 at 12:00 (noon) in the City Council Chambers, thence to a special meeting of the City Council on Monday, August 30, 1993 at 6:00 p.m. in the Council Conference Room, and thence to the regular City Council meeting on September 7, 1993 at 4:00 p.m. in the City Council Chambers. Beverly A. Zthelet, CMC City Clerk