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HomeMy WebLinkAboutcc min 1998/09/22Tuesday, 6:07 p.m. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 22, 1998 ROLL CALL: Council Chambers Public Services Building CALL TO ORDER PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and Mayor Horton. ABSENT: Councilmember: Padilla ALSO PRESENT: City Manager, David D. Rowlands; Assistant City Attorney, Ann Y. Moore; and City Clerk, Beverly A. Authelet. MSC (Salas/Rindone) to excuse Councilmember Padilla because of a family emergency. Motion carried 4-0-1 (Padilla absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None 4. SPECIAL ORDERS OF THE DAY: A. Oath of Office: City Clerk Authelet administered the Oath of Office to Cheryl Mestler for the Design Review Commission. B. A presentation of the AIDS Memorial Quilt was made by Melody Cernitz, Vice President of the Friends of the Arts. CONSENT CALENDAR (Items pulled: 7, 8, 14, 20, and 25. Item 19 was continued.) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, headings read, texts waived, passed and approved 4-0-1 (Padilla absent). 5. WRITTEN COMMUNICATIONS: · Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on September 15, 1998, there were no actions taken which are required under the Brown Act to be reported. Per staff's recommendation, the letter was received and filed. 6. ORDINANCE 2748 AMENDING SECTION 19.09.040 J, OF THE CHULA VISTA MUNICIPAL CODE TO ENACT A REVISED AIR QUALITY THRESHOLD STANDARD. (second reading and adoption). Ordinance was placed on second reading and adopted 4-0-1 (Padilla absent) 7. ORDINANCE 2749 AMENDING SECTION 2.46 TO CHAPTER 2 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE RESTRUCTURE OF THE YOUTH COMMISSION - The Chula Vista City Council established the Youth Commission in late 1970 as a means for providing input and recommendations to the City Council, City Manager, and other members of City government in all matters affecting the youth of our community, During the past several years, the Commission has experienced a decline in the lack of commitment and interest on the part of the commissioners. Staff has evaluated the Commission's issues and believes changing the current structure Minutes September 22, 1998 Page 2 could resolve not only the existing problems, but re-energize an individual's interest, commitment, and overall productivity in serving with the Youth Commission. An ordinance is required to allow for a one year trial program aimed at restructuring portions of the Youth Commission to bring it into conformance with its original purpose and intent. Per staff's recommendation, the Ordinance was placed on first reading 4-0-1 {Padilla absent) (chief of Police) (first readinq) Councilmember Salas (who pulled the item) stated that the recommendations and changes that are being proposed in restructuring the Youth Commission were excellent especially changing the focus of the Youth Commission and having quarterly meetillgs that will have a purpose to them. When you are talking about training and leadership workshops, she recommended some topics such as: discussion of an overview of city government; some kind of an explanation of the budget process and what revenues and expenditures are in a very simple way; and discussion about Council responsibilities and how the Council participates in the community. She felt that with all of the negative focus that we have been seeing recently regarding politicians and government, our youth have to know that at the local level what we are trying to do to benefit the community. This might be an opportunity to have a chance to instruct the youth to lessen their cynicism towards politics. She also commented on the way we are going to recruit the members of the commission. The staff report indicates that one shall be appointed from the school's ASB and the other frol~ the open student population. She wanted to make sure there is a really good attempt to make known to all members of the high school stude,~t body the opportunity to serve on the Youth Commission, because she felt in the past what has happened is this has been spread by word of mouth and commissioners being selected to serve on the Youth Commission happened to know someone in the City. She felt we have to open up the process and make more students aware of the opportunity. Mayor Horton stated that when she goes to the different schools and talk to high school students, she talks about the Youth Commission. Through that process, we have received some applications. She mentioned that the City of Chula Vista has benefitted from having a Youth Commission and having the young people involved; both former Mayors, Gall McCandliss and Tim Nader, started as youth commissioners. ORDINANCE 2749 OFFERED AND PLACED ON FIRST READING BY COUNCILMEMBER SA/~AS, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 8. ORDINANCE 2750 ADDING SECTIONS 9.09.030 THROUGH 9.09.080 TO CHAPTER 9.09 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DAYTIME LOITERING OF JUVENILES ON SCHOOL DAYS - The Chula Vista Police Department's Juvenile Division has historically conducted periodic truancy sweeps in which juveniles are returned to their respective schools. These sporadic sweeps, although effective, do not provide the consistency necessary to address the long term problem. Adding an effective daytime loitering ordinance to the Municipal Code will enhance the ability of officers to deal with truancy issues. Such an ordinance will expand the working partnership between law enforcement and the school districts in an effort to address the problem of juvenile truancy and its impact on the community. Per staff's recommendation, the ordinance was placed on first reading 4-0-1 (Padilla absent). (Chief of Police) (first reading) Councilmember Salas (who pulled the item) commented that in the letters of support from the District Attorney's Office signed by Joan Stein, it states that this is a proposed curfew ordinance. She wanted to know the difference between a curfew ordinance and the daytime loitering ordinance. Rick Emerson, Police Chief, responded that they are the same; the hours are different. Councilmember Salas stated that in regards to the hours, the loitering ordinance is addressing the hours of 8:30 a.m. to 1:30 p.m. on any day when school is in session. She wanted to know how he determined those were the hours to target, Minutes September 22, 1998 Page 3 because school starts earlier than that and ends later than that in most cases. Chief Emerson stated that it depends on which school people are going to which has to be taken into consideration when we get into the enforcement. We also have some schools that are year-round. When we contact a youth, we have to determine which school they are to be at which takes some coordination between the police department and the school site. Councilmember Salas stated there was some language in the staff report that she was hesitant about because she wanted a better definition of the responsibility of the parent. To her, it was nebulous as to what you mean by "insufficient control." Ellen Gross, Deputy City Attorney, replied that "insufficient control" was different in a legal sense from knowingly permit, because it can be an omission by the parent. Basically it is not even going to the level of neglect, but just not taking an active enough role with the child to make sure that the child is in school or not taking phone calls from the school when the child is reported not being in school. From a legal basis, it is sufficient. If you want to recommend any language changes, staff would be open to that. Councilmember Salas stated that "insufficient control" is more like not exercising your parental responsibility. In legal terms, she was not sure it was clear enough or if you have to make it any clearer. Anne Moore, Assistant City Attorney, stated that what the Deputy City Attorney is trying to say is that by having the term "insufficient control", it allows some discretion on the part of the issuing deputy attorney as well as the police officer. It allows us the ability to go on a case-by-case basis depending on the situation. If we have the language so specific, it may be difficult to enforce. Councilmember Salas responded that she would support that. Ms. Gross added that even after the citations are issued by the police department, because it is a municipal code section, they will be forwarded to her and all facts and circumstances behind the citation will be reviewed before the case will actually be issued for prosecution. So the parent or child may be cited, but there will be another level of review prior to the case being prosecuted in court. That should give us sufficient amount of review to ensure that no one will be wronqfully cited under this provision. A Citation in of itself is not a warniRg. Certainly, if it is the first time, perhaps she will give an officer discretion to issue a warning, but that would be a verbal warning. A citation would be a notice to appear in Court. Councilmember Salas stated so that means that you are offering the officer the flexibility to warn rather than issue a citation. Ms. Gross replied that she probably wouldn't even know about an officer giving a warning. That would be up to the officer to exercise that discretion under those circumstances. She further stated that after reviewing both the curfew ordinance and this ordinance, it was her recommendation that we change this ordinance from a daytime loiterinq ordinance to a daytime truancy ordinance. This is based upon her review of the most current Ninth Circuit case that was brought against the City of San Diego in which their whole ordinance was found to be unconstitutional. The curfew ordinance that was already passed On the Consent Calendar (ordinance 2751), the language was changed from loitering, strolling about, idling, etc. because it was over broad. To be very safe, she proposed that we change the name of this ordinance so that it would read "relating to the daytime truancy by juveniles on school days" and further in Section 9.09.050 which is labeled "Daytime loitering" should be changed to Daytime truancy by Juveniles in public places during school hours." That more appropriately conveys what we want this ordinance to do with a minimal chance of any constitutional challenges. She would further change Section A to read "it is unlawful for any juvenile who is subject to compulsory education or to compulsory continuing education to be present in any public place or on the Minutes September 22, 1998 Page 4 premises of any establishment within the City of Chula Vista other than school or home between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for that juvenile." This language is more consistent with the curfew ordinance. This takes away the distinguishing verbal conflict between presence which is really what we are trying to prohibit, and loitering, idling, and strolling which can be open to a lot of different activities, some of which is constitutionally protected. ORDINANCE 2750 OFFERED BY MAYOR HORTON AS AMENDED AND PLACED ON FIRST READING. Councilmember Moot stated he knew that the Ninth Circuit decision probably prompted the review of the curfew ordinance. He asked if there was anything specific that prompted a change to the truancy ordinance, and secondly, he saw letters of support from everyone except from the Chula Vista Elementary School District. Was that inadvertent or do they not support the ordinance. Chief Emerson stated he spoke with the Superintendent and she told him that she supported the concept, but she felt this would not have an impact on her students; so she elected not to send a letter. Ms. Gross stated that regardling the Ninth Circuit's opinion, she felt that we should make both our curfew and our truancy ordinances similar in language, because they are really not that much different. One prohibits the presence of juveniles betwee~l certain flours at night with the exception of certain activities and constitutionally permissible activities; and that the daytime truancy ordinance is the same thing during school hours with another compelling government interest in making sure that children remain in school. Councilmember Rindone asked why were we restricting the day time hours? He thought we should expand that time from 7:30 a.m. to 2:30 p.m. That would give the flexibility to do what needs to be doi~e depending upon the school hours and not be restricted by the ordinance. Chief Emerson responded that the ol]ly issue is that we would not be able to start the truancy sweep ulltil school has started. Depending upon the person's school schedule that can be as early as 7:00 a.m. at some of the high schools and as late as 3:00 p.m. Their only coIlcern was the hours that the student is scheduled to go to school and our enforcement efforts would only take into consideration those hours that the student should be in school. We won't get them before they should be there. We would escort them to school in that instance. Councilmember Moot felt that what staff is are trying to do is to narrow the statute to make it less susceptible to a "facial attack" on the statute as opposed to an applied attack on the statute. Mayor Hottoil felt that for that reason, we should keep the hours as stated by the Police Chief; it would be the most prudent thing to do in this situation. Councilmember Rindone stated that there is no question about the hours listed. It will include the majority of students, because all schools are in session. His only point was that most schools are in session much longer than that. He felt that it would have such an impact from those hours anyway, its going to prove to be effective. VOTE: ORDINANCE 2750 heading read, text waived, passed and approved 4-0-1 (Padilla absent). Councilmember RindoI]e commented that the City should be proactive and notify all the schools within the City limits and send copies of the two ordinances so that school officials can begin notifying their students. 9. ORDINANCE 2751 AMENDING CHAPTER 9.28 OF THE CHULA VISTA MUNICIPAL CODE (CURFEW ORDINANCE) - The wording in the current curfew ordinance is currently overboard. The City of San Diego recently had its curfew ordinance challenged, Minutes September 22, 1998 Page 5 and the court found the ordinance to be unconstitutional. Chula Vista's ordinance is similar to the wording in San Diego's ordinance, and San Diego has since amended its ordinance. Per staff's recommendation, the ordinance was placed on first reading 4-0-1 (Padilla absent). (Chief of Police) (first reading) 10. ORDINANCE 2752 ESTABLISHING A 25 MPH SPEED LIMIT ON EASTLAKE DRIVE BETWEEN HILLSIDE DRIVE AND LAKESHORE DRIVE AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER - Based on the provisions of the California Vehicle Code Section 40803 and pursuant to authority under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic congestion and for the promotion of public safety, the speed limit on EastLake Drive between Hillside Drive and Lakeshore Drive be established at 25 mph. Per staff's recommendation, the ordinance was placed on first reading 4-0-1 (Padilla absent). (Director of Public Works) (first reading) 11. ORDINANCE 2753 ESTABLISHING A 35 MPH SPEED LIMIT ON CLUBHOUSE DRIVE BETWEEN EASTLAKE PARKWAY AND HUNTE PARKWAY AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER - Based on the provisions of the California Vehicle Code Section 40803 and pursuant to authority under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion and for the promotion of public safety, the speed limit on Clubhouse Drive between EastLake Parkway and Hunte Parkway be established at 35 mph. Per staff's recommendation, the ordinance was placed on first reading 4-0-1 (Padilla absent). (Director of Public Works) (first readinq) 12. ORDINANCE 2754 ESTABLISHING A 45 MPH SPEED LIMIT ON HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND SOUTH GREENSVIEW DRIVE AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER - Based on the provisions of the California Vehicle Code Section 40803 and pursuant to authority under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion and for the promotion of public safety, the speed limit on Hunte Parkway between Otay Lakes Road and South Greensview Drive be established at 45 mph. Per staff's recommendation, the ordinance was placed on first reading 4-0-1 (Padilla absent). (Director of Public Works) (first readinq) 13. RESOLUTION 19175 ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE UTILIZED IN CONJUNCTION WITH THE NEW COMPUTER AIDED DISPATCH SYSTEM - The Police Department recently received the unsolicited donation of a NEC MultiSync 4PG, 27" monitor. The donation is being presented by Mr. Joseph Kheder of DBA Computer Renaissance, 2260 Otay Lakes Road, Suite 106, Chula Vista. Per staff's recommendation, the donation was accepted and appropriation of donation was authorized 4-0-1 (Padilla absent). (Chief of Police) 14. RESOLUTION 19176 AMENDING THE FY 1998-99 BUDGET AND APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $15,500 TO THE POLICE DEPARTMENT FOR PROACTIVE ENFORCEMENT AT THE CHULA VISTA SHOPPING CENTER - Prompted by a high number of calls for service on Wednesday evenings at the Chula Vista Shopping Center, the Police Department and the Operations Manager of the Shopping Center entered into a collaborative effort to reduce the number of calls for service. Since June, two uniform officers have been assigned to the shopping center form 6:00 p.m. until 10:00 p.m. every Wednesday night on an overtime basis. The selective proactive enforcement has resulted in a positive reduction in the number of calls for service at the shopping center-. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Chief of Police) Councilmember Rindone (who pulled the item) stated that the call for service was Minutes September 22, 1998 Page 6 requested for only Wednesday evenings. Is that primarily aue to the Cinema Star Wednesday night bargain feature? Chief Emerson resposded that is correct. There seems to be a significant attraction on WedI~esday nights based on the lesser costs associated with Cinema Star for that evening. We have been doing this for several weeks, and we have seen a significant decrease in the problems associated causing police responses. So this has worked out very well. Councilmember Rindone asked wouldn't there be a partnership and the sharing of these responsibilities for the costs? Chief Emerson replied that we have talked with them, and they are very comfortable in paying for these officers. While they are paying for those two officers during those four hours, there is an augmentation of the patrol staff that also assists, but they are paying for those two. Councilmember Rindone stated he didn't understand that they were paying for these two. That was great! RESOLUTION 19176 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 15. RESOLUTION 19177 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON OCTOBER 10 AND 11, 1998, TO CONDUCT THEIR NINETEENTH ANNUAL ORANGE CRATE DERBY - The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission] for a temporary street closure on Rancho Del Rey Parkway orl October 10 and 11, 1998 to conduct their nineteenth Annual Orange Crate Derby. Staff recommends approval of the resolution. (Chief of Police) 16. RESOLUTION 19178 APPROVING THE PRIORITIES, POLICIES AND PROCEDURES FOR THE 1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - The City of Chula Vista has participated in the federal CDBG program since its inception in 1974. Every year numerous organizations apply for CDBG funding to serve the needs of Chula Vista residents. In order to streamline the CDBG application process and priorities, policies and procedures were developed to assist staff and the City Council review and recommend funding for organizations who apply for these funds. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Community Development Director) 17A. RESOLUTION 19179 ACCEPTING BIDS AND AWARDING CONTRACT FOR CHIP SEALING COMPLETE IN PLACE (VARIOUS STREETS IN THE CITY OF CHULA VISTA) AS PART OF THE PAVEMENT REHABILITATION PROGRAM - FY 1997/98 (STL233) TO ASPHALT INC., EL CAJON, CALIFORNIA IN THE AMOUNT OF $178,150.00; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, TO EXECUTE A CHANGE ORDER UTILIZING ALL THE FUNDS BUDGETED FOR CONTINGENCIES WITHIN THIS PROJECT, IN THE CHIP SEALING OF ADDITIONAL STREETS SHOWN ON THE ATTACHED EXHIBITS - The Pavement Rehabilitation Program is an a~nual commitment by Council to maintain the City's infrastructure, To this effect, the funds were budgeted during the FY 1997-98 Capital improvement Program (CIP) for this process. The rehabilitation of existing street pavement is necessary to cost effectively exter~d its life and avoid further deterioration of the pavement and base material. Failure to rehabilitate will subsequently result in an accelerated rate of deterioration, which would ultimately result in full reconstruction of the pavement. Our Pavement Rehabilitation Program consists of several strategies which are reviewed and applied based on the condition of the roadway, traffic volume, type of street, and costs. The streets to be rehabilitated this year will receive either chip seal or slurry seal. The use of chip sealing process on the heavily traveled streets and slurry sealing in the residential areas is a very inexpel~sive way of rehabilitating the streets and accomplishing the desired objectives. Per staff's recommendation, the resolutions were appreved 4-0-1 (Padilla absent). (Director of Public Works) Minutes September 22, 1998 Page 7 B. RESOLUTION 19180 ACCEPTING BIDS ~JgD AWARDING CONTRACT FOR SLURRY SEALING COMPLETE IN PLACE (VARIOUS STREETS IN THE CITY OF CHULA VISTA) AS PART OF THE PAVEMENT REHABILITATION PROGRAM - FY 1997/98 (STL233) TO GRAHAM CONTRACTORS INC., SAN JOSE, CALIFORNIA IN THE AMOUNT OF $178,040.00. 18. RESOLUTION 19181 AMENDING SCHEDULE VI, AS PROVIDED FOR IN SECTION 10.04.030 OF THE CHULA VISTA MUNICIPAL CODE, AND AUTHORIZING THE CITY ENGINEER TO ESTABLISH "PARKING - TIME LIMITED ON CERTAIN STREETS" FOR TWO-HOUR PARKING LIMIT 8:00 A.M. TO 6:00 P.M., EXCEPT ON SUNDAYS AND PUBLIC HOLIDAYS, ON THE EAST SIDE OF GARRETT AVENUE BETWEEN "F" STREET AND CENTER STREET - The Engineering Division has received a request from Richard Zogob, the building owner at 344 "F" Street, requesting a passenger loading zone and time-limited parking along the westerly side of his building facing Garrett avenue. Mr. Zogob's building is on the southeast corner of ~F" Street and is occupied by the San Diego County Assessor's Office and other medical offices. Mr. Zogob is requesting a passenger loading zone near the front door on Garrett Avenue just south of "F" Street since no parking is allowed on "F" Street. He also requests t hat the rest of t he building frontage along Garrett Avenue is posted as a two-hour time-limited parking. Per staff's recommendation, the resolution was approved 4-0-1 (Padilia absent). (Director of Public Works) 19. RESOLUTION 19182 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH VILLAGE ONE) - On February 10, 1998 the City Council established Assessment District 97-2 and levied assessments on Otay Ranch Village One, pursuant to the Municipal Improvement Act of 1913, with the purpose of acquiring and financing infrastructure improvements serving that development. Changes in the district boundary requires the Engineer's Report for this district to be modified. Staff recommends approval of the resolution. (Director of Public Works) MSC (Horton/Rindone) to continue the item to October 6, 1998. Motion approved 4-0-1 (Padilla absent). 20. RESOLUTION 19183 APPROVING AGREEMENT WITH NATIONAL CITY FOR USE OF THE CHULA VISTA ANIMAL SHELTER AND DELETING INDEMNIFICATION LANGUAGE - The City previously approved an agreement with National City on July 28, 1998, to provide animal shelter services. After the agreement was approved and signed, the City Attorney's office was notified by the City of National City of objections to the indemnification language in the agreement. The agreement had been tentatively approved without final review by the City Attorney for National City. After discussions between our City Attorney's office and National City's Attorney's office, it was agreed that the indemnification language contained would be deleted. This would be the only change in the agreement. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Police Chief) Item pulled by Councilmember Rindone. Councilmember Rindone (who pulled the item) stated the indemnification language contained in the agreement would be deleted. He asked staff to describe the assurances that this language ls not needed. Ellen Gross, Deputy City Attorney, stated that we have a hold harmless with the City of National City which has been in effect ever since this contract was first approved in 1968. She checked with the Police Department, and we have never had any type of dispute surrounding the leaving of animals that would impute any liability to the City of Chula Vista. With the hold harmless between ourselves and the City of National City, we should not be responsible to any resident of National City for the destruction of any animal delivered to our facility. If we got sued by someone from the City of National City, National City would not be able to come after us. They may be able to be sued by their own citizen, but they wouldn't be able to come after us for any damages relating to the destruction of an animal. This agreement is really that the animal shelter is a depository for stray and lost animals. The amount of care that the animal Minutes September 22, 1998 Page 8 shelter people have to exercise is the normal degree of care that any City or public employee would have to exercise. That would not change with an indemnification agreement. Their City Attorney did not see that she had inserted this language which she inserts this into every agreement that she works on. Given the relationship between Natiox]al City and Chula Vista and with respect to the animal shelter, it was agreed that it would be appropriate to delete the indemnification agreement. Councilmember Rindone ii~quired that if they should ever relent and chose to have the full contract where we provide full service, then the indemnification agreement would become part of it. Ms. Gross statect she would advocate for that if that were the case. RESOLUTION 19183 OFFERED BY COUNCILMEMBER RINDONE, heading read~ text waived, passed and approved 4-0-1 (Padilla absex~t). 21. RESOLUTION 19184 WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AMENDMENT TO THE AGREEMENT WITH SMITH & KEMPTON FOR ADVOCACY AND PLANNING SERVICES IN CONNECTION WITH TRANSPORTATION FACILITIES AND THE EASTERN CHULA VISTA STRATEGIC PLAN AND APPROPRIATING $220,000 FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - On August 8, 1995, Council approved an agreement with Smith & Kempton to provide Program Management Services on the I-805 Interchange Projects and to provide Advocacy Services for funding requests for the TransDIF Program and SR-125, A significant amount of progress has beer] made towards completing the tasks contained in that agreement. The tasks for Program Management of I-805 interchanges were indicated in the agreemeI~t as oilgoing. The contract indicated the term of the agreement as ". . when the parties have complied with all executory provisions herecDf." However, additional advocacy and consulting work to assist the City in neqotiating Agreements with CTV for the SR-125 Toll Road remains to be completed and therefore an amendment to the contract needs to be approved. Completion of this work is essential for implementation of the Transportation Development Impact Fee Program and has been supported by the major developers. Per staff's recommendation, the resolution was approved 4-0-1 (Padilia absent). (Director of Public Works} (4/5ths vote required) Councilmember Salas {who pulled the item) stated that the staff report indicates that the twelve month period is from January 1998 through June 1998. She felt this was wrong, but the only reference she could fitld to the date was where it talks about an expiration date of 8-98 through 8-1-99. The only reason she brought it up was because she did not see the date referenced in the resolution. cliff swanson, Deputy Public Works Director, stated that the date of January 98 to June 98 is wrotlg. It should be August 1998 through August 1999. Ann Moore, Assistant City Attorney, responded that the expiration would be found in the contract; not in the resolution, The resolution would be adopting the Fourth Amendment, so the contract itself would have the date. 22. RESOLUTION 19185 APPROVING AN AGREEMENT WITH SAN DIEGO EXPRESSWAY LIMITED PARTNERSRIP TO PROVIDE LOANED EXECUTIVE SERVICES TO ASSIST IN EXPEDITING THE CONSTRUCTION OF THE SR-125 TOLL ROAD FACILITY - The need for the construction of SR-125 in order to continue the development in the eastern area of Chula Vista has been well documer~ted in all of the City's traffic studies. However, the constructio~ has become delayed due to the many state and federal processes. The City has Will Kempton of the firm of Smith & Kempton under contract for transportation advocacy services. The San Diego Expressway Limited Partnership have discussed and agreed upon the need for assistance of Mr. Kempton in breaking the state and federal "logjam." This item approves an agreement with CTV to pay for services of Will Kempton under the City's contact with hie firm. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of Public Works) Minutes September 22, 1998 Page 9 23. RESOLUTION 19186 AMENDING THE FY 1998-99 BUDGET FOR MANAGEMENT & INFORMATION SERVICES, LIBRARY AND POLICE TO ADD POSITIONS AND RECLASSIFY POSITIONS - The need for support of computers on a City-wide basis has grown exponentially in the past several years as departments become more and more dependent upon computerization. While most support has been provided through the MIS Department, the Library and Police Departments have provided much support to themselves using their own personnel. The reorganization of the Management and Information Services Department would consolidate all City-wide computer support in the MIS Department thereby allowing for better support to all departments and most importantly, providing back-up support for critical automation projects in both the Library and Police Departments. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of MIS, Director Library/Recreation, and Chief of Police) (4/5ths vote required) Item was removed and placed under Action Items by the City Manager; however, the minutes have remained in the original published agenda order. Louie Vignapiano, Director of MIS, made the staff presentation. RESOLUTION 19186 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved 4-0-1 (Padilla absent). 24. RESOLUTION 19187 AMENDING EXHIBIT A OF THE COMPENSATION RESOLUTION 19085 FOR SENIOR MANAGERS TO ADD THE POSITION OF MANAGER OF TRAINING AND DEVELOPMENT, DELETING THE POSITION OF BUDGET MANAGER, ESTABLISHING THE TRAINING AND DEVELOPMENT DIVISION AND BUDGET WITHIN HUMAN RESOURCES, AND APPROPRIATING FUNDS THEREFOR - During the review of the FY 1998-99 budget, the issue of improving training was listed as oils of the fundamental issues on which the budget was based. A fund of $25,000 was established to supplement existing funding to allow for focus on city-wide issues such as general and sexual harassment and stress management. This was viewed as only the first step in developing an effective city-wide training program. It is now recommended that in order to complete an analysis of needs, and develop a comprehensive training and development program, a new division within the Human Resources Department be established: the Training and Development Division. This division is proposed to include a Manager of Training and Development and Training Coordinator. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of Human Resources) (4/5ths vote required) item was removed and placed under Action Items by tile City Manager; however, the minutes have remained in the original published agenda order. candy Emerson, Human Resources Director, made the staff presentation and then introduced Dawn Herring, Training and Development Manager. Dawn Herring, Training and Development Manager, stated how excited both she and Toni McKean were in being able to offer the City some incredible new opportunities. The entire organization is going through tremendous change. They hoped to help the people in the organization to come along with the changes. In order to determine what the needs are, they started with some preliminary sensing interviews where they met with all department heads and labor organizations to get a sense of what was most critical and what kind of training was necessary, and what issues were facing the departments and causing difficulties. In addition, they want to continue to do much more detailed employee surveys to find out about specific needs. Finally, they will look at the program evaluation to measure success. They want to look at the return on the investment. Councilmember Rindone stated that he did not see the ethics training included. How was this going to be integrated or provided for? Would ethics training be provided as a portion of the other training or would there be a separate ethics training? Ms. Emerson stated that we are going to proceed with the ethics training with the same intensity and the same weight as was originally planlied. It will be a very Minutes September 22, 1998 Page 10 separate program that will have ethics training similar to what Mr. Josephson presented when he was here. It will be a stand-alone training, but the basic philosophy will also be incorporated into other training that we do. It will be enhanced beyond what was originally envisioned when we undertook that project. Councilmember Salas commented that she was a fan of Stephen Covey and the Seven Habits of Highly Successful People. In looking at his principals, a lot of ethics is ingrained in the seven habits, so she felt it will fortify anything that we have to do in addition to the ethics training. Integrating the seven habits will also enhance any kind of ethics training. RESOLUTION 19187 OFFERED BY MAYOR HeRTON, heading read, text waived, passed and approved 4-0-1 (Padilia absent). 25. REPORT REGARDING INDUSTRIAL LAND TASK FORCE AND STAFF ANALYSIS OF EASTLAKE INDUSTRIAL LAND PROPOSAL - On October 9, 1997, at a Joint Council/Planning Commission Workshop, a report regarding the lack of adequate industrially zoned land in Chula Vista was discussed. Staff was directed to establish a Task Force to review the isstaes and return with their recommendations. On June 23, 1998, Council approved the Task Force recommendations; however, at that same meeting, EastLake presented a proposal that would allow EastLake to develop half of their remaining Business Center as residential. Council directed staff to review EastLake's proposal. On August 24 1998, at the Economic Development Commission's request, the Industrial Land Task Force reconvened to consider EastLake's proposal. This report is intended to provide Council with both staff's and the Task Force's response to EastLake's proposal. Per staff's recommendation, Council received the Industrial Land Task Force letter and reaffirm their approval of the Task Force's original recommendations 4-0-1 (Padilla absent). (Community Development Director and Planning/Building Director) Mayor Herton (who pulled the item) stated that EastLake is requesting that this item be postponed for 30 days. Earlier she made the motion to continue this item for thirty days. There was a second, but there was a 2-2 vote, then she pulled the item for discussion. Ann Moore, Assistant City Attorney, stated that Council can discuss whether or not to continue the item first, and then go on to the discussion if the motion to continue fails. David Rowlands, City Manager, stated that staff supports the request to continue. Councilmember Salas stated we are losing companies to other areas simply because we don't have the industrial land readily available for them. What we are losing is an opportunity for job growth. She believed in order for us to have a well planned and balanced community, we have to have industrial centers for companies to locate so there are jobs in the area and citizens won't have to travel a great distance for work. What has happened in San Diego County is that we have work centers that are very far away from residences. When this came forward a couple of months ago, EastLake was offering Council an alternative for a land swap. One of the things that concerned her about that initial discussion was that they still reserved the right to revert that space to residential. She wanted to voice her strong support for the Industrial Land Task Force recommendation. Bill Ostrem, representing EastLake Company, 900 Lane Avenue, stated that in their discussions they have had with staff over the last couple of months, they have not proposed a reduction in the industrial land use. They were proposing that they move a portion of it into the land swap. He stated that they were prepared to go forward with the first 40 acres that are currently undeveloped and start mapping it to get it prepared. They don't see that there is a market for it right now, because they have current industrial inventory. Although they don't have large parcels for large users, they are prepared to move abead with mapping and doing the necessary plans, so if a user comes on line, they could quickly turn it around and provide it to them. They wanted the opportunity on the other Minutes September 22, 1998 Page 11 forty acres to move it to the land suited for industrial). They would task force. swap {an area which they think is better like the opportunity to present it to the Councilmember Salas stated she could not remember the language that was used at that discussion a couple of months ago. It was something like "residential overlay." It was something that gave her the perception that the 40 acres that they were proposing in the land swap wasn't going to be a guarantee of industrial land. She asked Mr. Ostom if they still wanted to retain the option of developing that for residential purposes. Mr. Ostrem understood her concern, but stated that they were not proposing that now. They were proposing that they have the opportunity to move it to the "land swap" which they think is a better location. Councilmember Salas stated that her colleagues may want to continue this discussion. Staff stated they were willing to go with a continuance. She wanted to make clear that it is extremely important that we preserve our industrial space. In the past, because of legitimate market concerns from developers, we have rezoned industrial space to commercial or residential. She felt this is a practice that is too easy for us to concede to and it is too important for us to retain our industrial space. Councilmember Moot stated he did not have objections to EastLake having an opportunity to make their case to the task force. The one thing that Chula Vista has plenty of is space for residential development. Even within EastLake, there is plenty of space for residential development. What we don't have is adequate space for industrial development. He felt that everyone should be allowed to make their case, but at the same time we need to keep our eye on what we need for the long term economic viability of the City. We have a high tech zone, but there has been very little done to date to make that a reality. When we come back, we need to have a very frank discussion about exactly how serious are we as a City in having a high tech zone and doing the kinds of things that we need to do to make it viable. Mayor Horton added that she agreed with a lot of Ms. Sales' comments as to why we needed to move forward on this. However, she felt that we owe EastLake the opportunity to be heard by the task force. Councilmember Sales agreed with CouI~cilmember Moot arid Mayor Hotton that everyone should be given the opportunity to present their case. She pointed out to the Council that we heard these original recommendations on June 23rd. She remembered the discussion when we were being presented the alternatives and the request for the land swap from the EastLake Development Corporation. Councilmember Moot had requested that they come back to us with their arguments for it. She believed there was ample time for them to respond, but she would go along with her colleagues for the thirty days. MSC (Horton/Moot) to continue the item for thirty days. Item was approved 3-1-1 (Rindone no; Padilla absent). * * * END OF CONSENT CALENDAR ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 26. PUBLIC HEARING - REGARDING THE ANNEXATION OF PARCEL NO. 639-160-32-00 TO OPEN SPACE DISTRICT NO. 18 - On August 4, 1998, the City Council approved Resolution No. 19126 declaring the intent to annex Parcel No. 639-160-32-00 and the right-of-way for East Naples Street (which includes a parkway) to Open Space District No. 18 and setting a public hearing for 6:00 p.m. on September 22, 1998. The owner of this parcel would be responsible for paying the assessment for the Minutes September 22, 1998 Page 12 open space district, currently set at $222 per equivalent dwelling unit (EDU) per year. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of Public Works) A. RESOLUTION 19188 APPROVING ANNEXATION OF PARCEL 639-160-32 AND THE RIGHT- OF-WAY FOR EAST NAPLES STREET ON THE SOUTHERN BOUNDARY TO OPEN SPACE DISTRICT NO. 18 AND ASSESSMENT OF SAID PARCEL AT THE ANNUAL AMOUNT APPROVED FOR OPEN SPACE DISTRICT NO. 18 John Lippitt, Public Works Director, noted that this is a one property owner annexation, and we did receive a ballot in the affirmative. This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire to address the Council, the public hearing was closed. RESOLUTION 19188 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Padilla absent). BOARD AND COMMISSION RECOMMENDATIONS None Submitted ACTION ITEM~ (Items 23 and 24 were heard under Action Items, however, the minutes will remain in the original published order) 27. RESOLUTION 19189 AMENDING THE 1998-99 BUDGET FOR PLANNING AND BUILDING, FIRE, AND HUMAN RESOURCES DEPARTMENTS TO ADD STAFF, RELATED EQUIPMENT AND OTHER RESOURCES AS SET FORTH IN ATTACHMENT 1 - In June 1998, the City Council approved the budget for FY 1998-99, which included budget appropriations ~or the Planning Department and Building and Housing Department. In duly, the City Manager merged these two departments, along with the Environmental Resource Manager position, to form the Planning and Building Department. Following the merger of these functions into a single department, the City Manager directed the Deputy City Manager and Director of Planning and Building to reevaluate the staffing needs and other resource needs of the new department, ir] light of increased planning and building activity and the desire to implement new technologies and process improvements in the combined department. Per staff's recommendation, the resolution was approved 4-0-1 (Padilla absent). (Director of Planning/Building) Bob Leiter, Planning Director, presented a brief prepared presentation. Based on the increase in development activity and based on looking at organizational changes, they were recommending a series of changes and additions to the staffing and equipment needs for the department. Mayer Hotton asked regarding the time frame for openil~g up another facility in the Eastern sections of Chula Vista. Mr. Leiter responded that ~4e are looking at about two to three months before that would be completed. Councilmember Moot asked how was it determined for purposes of these changes that this was revenue neutral. Mr. Rowlands replied that the Finance Department went through the projections with a fine-tooth comb. Staff is very confident that the revenue coming in will actually exceed this, because the nuil~bers are very conservative. Councilmember Moot asked if this was based on the permits that you anticipate issuing and the different fees that get charged. Minutes September 22, 1998 Page 13 Mr. Leiter stated that building revenues are tied to building permits and plan checking fees. In the first two months of this year, the statistics reflect valuations, but the actual revenues have been significantly higher than our projections that we did six months ago. We see that continuing based upon the current number of plans that are in for plan check. We will track that monthly and tie our new hires to that trend continuing. In the Planning area, part of it is tied to plan checking fees, but we have other projects where we use processing agreements, and we would actually enter into specific agreements with developers where they would guarantee funding for the staffing before we would hire the staff. Through those mechanisms, we have assurance that the revenues will come in as projected. Councilmember Moot felt that the suggestion that staff will track these revenues and report to the Council on them is very important. Council was aware that this day would be coming. Because this is outside the budget that has been approved, it is very important to track the revenues and report to Council as to the status of the revenues generated. Councilmember Salas stated that the staff report indicates that the level of service had not really decreased that much. We are at a point right now that if we don't implement these changes, the service level would go down dramatically. The staff report indicates that the inspectors current workload is 30 to 35 inspections per day when in other jurisdictions, the normal is 15 to 20 inspections per day. She further commented that as far as the automated permitting process goes, she felt it would do a lot to increase the level of service. She was also impressed in using mediation to resolve code enforcement problems. In the long run, she felt this would be a money-saver for the City. Finally, in looking at the projected building for the City and the workload of the fire inspectors going in one year from 1800 hours to 2100 hours, there was a need for another fire inspector. She felt it was exciting to be on the City Council and to approve this expenditure of money. Councilmember Rindone stated the challenge to be revenue neutral remains to be seen. Adding staff that equals nearly $1.5 million for additional staff for this fiscal year is a daunting responsibility, yet at the same time, he realized that very careful analysis affords us this opportunity to meet the demands and at the same time the challenges to be able to provide Chula Vista the quality of life that we want. His understanding is that a financial analysis and verification Of the revenue neutral component for this reorganization will be included extensively in the budget language for FY 1999/2000 and would reflect not only what staff has presented but will validate that as they continue to massage, realign, and shape these divisions in the future. Another item he wanted to verify publicly was that we will be having some of these staff members performing on Saturdays. He asked staff to describe their plan, because he felt the public needed to be aware of this. Brad Remp, Assistant Director of Planning and Building/Building Official, stated that there will be code enforcement activities taking place on the weekends. In the past, we have not had staff available to work on Saturdays. Over the last three months, we have made a concerted effort to make staff available to work on Saturdays. The first few times it was kind of rough, but since that time we have seen a dramatic improvement. The specific budget request is to deal with some of those buildings that are dilapidated or vacant that represent a public nuisance. They are really excited about actually going in and doing something about them such as boardirlg them up or demolishing them and hold the owners of the property responsible. Councilmember Rindone added that he understood that we will have a very extensive publicity campaign to have a phone number that people could call if there were questions. RESOLUTION 19189 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Padilla absent). September 22, 1998 Page 14 28. REPORT COMPARISON OF DIESEL AND COMPRESSED NATUR/~LGAS (CNG) ENGINES FOR CHULA VISTA TRANSIT (CVT) FLEET - This Report discusses the major issues between a diesel and CNG bus fleet, including: emissions, infrastructure changes, and cost. Staff recommends council accept the report and adopt either recommendation 1 or 2 as follows: 1) authorize staff to purchase 15 diesel buses, 2) authorize staff to purchase 15 CNG buses; direct staff to begin the planning process to implement the infrastructure changes at a new Public Works Yard to support a CNG bus fleet; and direct staff to pursue funding sources in addition to Transportation Development Act (TDA} funds to reduce the increased cost of a CNG fleet. (Director of Public Works) John Lippitt, Public Works Director, stated that there is a cost difference of about $3.1 million over a ten year period for CNG which is more expensive. However, we will still have over $3 million in reserves at the end of that ten year period because of the way that we have operated the system over the years. That is exemplary for the transit staff, because we are one of the most efficient transit operations in the County. Other reasons we recommend the CNG fleet is due to the Council direction to be proactive in emission reduction. Federal regulations from an energy staredpoint require larger percentages of fleets to be using alternative fuels, and we feel there is a good likelihood that we will be able to receive additional funds to help pay for the differences in the cost from federal and state grants. Staff's recommendation is to authorize staff to immediately order fifteen buses and also begin work to look at funds to help us pay for the difference if possible. There will be a three year delivery date. Bill Gustafson, Transit Coordinator, there were three individuals present from agencies that have had experience in CNG operations in San Diego. They were: Nick Burrie, the Director of Maintenance for San Diego Transit; Sandra Schowalter, Contract Services Manager for San Diego Transit; and Elliot Hurwitz, Contract Services Administrator for MTDB. Mayor Hotton stated that staff has provided information comparing maintenance and operation costs with other agencies who have CNG buses, and it doesn't appear that costs are too far out of line. However, she was in a meeting where there was a discussion on the high cost and maintenance and the short life span of CNG buses. She asked staff to respond. Mr. Gustafson responded that when you talk about operation costs, you have to be careful because operation costs can include fuel costs and maintenance. The problem in determining maintenance costs bave been that a lot of the CNG fleets are so new that a lot of them are still under warranty, so it is difficult to say what is the real cost of a CNG fleet compared to an older diesel fleet. The fleet manager of Sunline Transit at Thousand Palms in the Palm Springs area where they have been operating a fleet of about 35 CNG buses for about five years stated that some things regarding the CNG fleet can cost more and some components are less. His conclusion was that in the long run, it is about the same. That is the conclusion he seems to be getting from other systems he has talked with that have been operating CNG. · Nick Burrie, Manager of Maintenance of San Diego Transit, stated that the CNG engine life versus diesel engine life in the city bus environment is a young technology. There are aspects of it that are still evolving. Probably by the time Chula Vista gets the buses, the technology will be better than it is today and will be about the same as the diesel bus. He felt certain components in the systems (the fuel systems and some components on the engines) we are seeing early failures on, although we are not seeing major engine failures, is due to the fact that the exhaust heat of a CNG engine is much higher than a diesel engine. Some of the components that are used to running with a diesel engine are riot used to running with a CNG engine. They have to develop those and improve them so they can live in the extra heat environment. Councilmember RindoI]e stated that the original request was to purchase eleven buses. The option of looking at the CNG wasn't even presented. Council provided direction. He was very excited about the conlprehensiveness of the analysis because this is a major decision that will have a significant impact. In looking Minutes September 22, 1998 Page 15 at this report, staff was trying to put their best foot forward for the CNG proposal. Candidly, he felt it wasn't quite there yet as far as the costs, the maintenance, and the operations; but it is getting there. It is not the cheapest way to go, but he wasn't sure how to define cheap because if you look at the impact on the CO2 gases and emissions into the atmosphere, there are other problems created not only congestion, but also health problems. The other thing that is very fortunate is that we are looking at the new corporation yard and some of the facility needs. The staging and housing and maintenance and operation can be effectively designed there, because we will have to build our Own fueling station. He felt the time was appropriate and was happy to support a very significant recommendation. Councilmember Salas stated that we have put off the purchase of buses at the direction of Council, because we wanted a report on whether or not we should be purchasing CNG buses rather than diesel. The report indicates that if we go ahead and approve the purchase of the CNG buses, the delivery time is almost a year more than a traditiollal bus. We have been in need of replacing our buses. She wanted to know that if we do approve the purchase of CNG buses, will that mean there will be some deficiencies in our fleet. If there are, are there any alternatives available such as renting buses. Mr. Gustafson responded that he has talked with San Diego Transit, our contractor, about this. Obviously, the soonest we cam get the buses here, the better. One of the main problems we are having on our older buses is wheel chair lifts. The lifts on those buses are no longer manufactured, and they break down quite often. Our wheel chair ridership has increased in the last few years. He was confident we could keep the buses serviceable for the next three years. Councilmember Salas asked whether the CNG option was for the benefit of Chula Vista to build its own fueling station rather than to lease a fueling facility. There was a discussion in the staff report that nile of the arguments for having our own facility is that we could control the cost of the fuel. She couldn't get a sense from the staff report as to how lol]g it will take us to recoup our capital cost on that. Mr. Gustafson stated that he was not sure he could answer that. Right now, the cost differential between compressed and non-compressed gas from SDG&E is 30 cents. Based On our fleet operation, our cost would be a couple hundred thousand a year more if we had to pay the higher cost and probably more than that, because the cost differential referenced in the staff report is the compressed and non- compressed rate from SDG&E. If we owned our own facility, there are other potential suppliers that we may be able to get the CNG for even less, so the cost differential could be more. He guessed that it would take five to eight years for us to recoup our capital costs. The key is that we will have this facility, and it will give us control over fuel supply. Councilmember Moot asked if staff could explain the 16% total effective reduction of greenhouse gases. He also read that there was a 16% total effective CO2 reduction. Is this the same thing? Or is it because methane gas is potentially more damaging to the ozor]e layer? He asked staff to explain the cost benefit analysis that you look at when you are examining the CNG buses admitting methane gas versus the reduction in the NOX gases. Barbara Bamberger, Environmental Resource Manager, stated that basically we are talking about is a net benefit between methane emissions and carbon dioxide emissions when you look at them in combination with each other. If you look at the numbers, you will see that even though methane is 20 times more potent in terms of its ozone depletion ability, its a small number coinpared to carbon dioxide emissions. We are talking about 2.2 versus 540. If you add those two together, you are still gaining if you loc, k at the difference. If you add the carbon dioxide emissions with the methane emissions times that 20, the number that comes out with diesel versus CNG is still substantially greater in terms of the benefit for CNG emissions versus diesel. So it is a net benefit increase even though methane has a higher emission amount overall of 20 times; the number is much smaller as coinpared to carbon dioxide emission. The carbon dioxide Minutes September 22, 1998 Page 16 emission is a greater amount and the methane emission is a smaller amount times 20. Councilmember Moot asked if the CNG engines had the ability to control methane emissions or recycle it to reduce the methane emissions. Is that a technological issue that has been addressed. Ms. Bamberger responded that methane emissions are an issue that they are trying to deal with. There is a lot of discussion on the federal level in trying to reduce methane emissions. She does not know the specifics of that or whether there is a way to capture the methane emissions to reduce them. A lengthy discussion continued regarding the technical details of NOX emissions for the CNG engines versus the diesel engines with Mr. Gustafson explaining that in 2004, the CNG engine for NOX emissions will be better than the diesel engine. Councilmember Moot stated there is clearly a significant cost doing this and clearly a decision for this Council is difficult in the sense that you are now weighing a significant $3 million expenditure Over a ten year period of time. While there is a significant cost to reducing the air polluting and the greenhouse gases effects, as he weighs the issue, he felt it was probably an overall net positive benefit to the quality of life in Chula Vista and to those people who live around us. He did not want to diminish the fact that from a budgetary perspective and a fiscal impact, this is a very significant decision. One could persuasively argue that the amount of money that we are spending is too much and the difference between the two are not that great. He felt there was a time when we have to back up and take a long-term perspective on an issue like this. Whfle the technology may change in the fuel cell buses that we )lave looked at on an experimental basis m~y replace this technology, we still don't know if that is going to happen. The difficult decision to make is when is the time to act and when is the time to sit back and see what happens. Looking at the analysis of the staff report, he w~s comfortable making this expenditure of money. MSC (Rindone/Moot) to accept the report, authorize the purchase of 15 CNG buses, direct staff to begin the process to implement the infrastructure changes at the new public works yard to support a CNG bus fleet, and to pursue funding sources in addition to TDA funds to reduce the increased cost of a CNG fleet. Motion carried 4-0-1 (Padilla absent). ITEMS PULLED FROM THE CONSENT CALENDA~ (Items 7, 8, 14, 20, and 25 were pulled; however, the minutes remain in the original published agenda order). O__THER BUSINESS 29. CITY M/UqAGER'S REPORT(S) The Library Workshop will not meet on Thursday, October 15 as originally planned, but the item will be heard at the regular meeting of October 13. The three grants we applied for to keep the Telecenter open did not come through. Therefore, the Telecenter will be closing effective October 31, 1998. If possible, Council was requested to set aside some time for the annual evaluation of the City Attorney and the six month evaluation of the City Manager. Councilmember Rindc/ne commented that the biggest problem that we have had with the evaluations is for Council to come together collectively on the process that we want to conduct the review. He felt that Council needed to do that. In fairness to the two individuals to be evaluated, we should have a process that is known and communicated. It is grossly unfair to be evaluated in a process that you go into cold and have no idea how it is going to be. He felt that Minutes September 22, 1998 Page 17 Council needed to meet to finalize that step and then do the evaluations. Mr. Rowlands stated that, with Council's permission, there are various techniques to do this. Staff could provide Council with some alternatives and options to work from. Mayor Hotton stated that Council also has appointments to the Parks and Recreation Commission and the Planning Commission to make. Perhaps we could have this discussion and also time to make those appointments on a Saturday morning. Councilmember Moot stated that whoever coordinates the Saturday to please give him a call, so he can inform staff which Saturdays are better. Councilmember Rindone felt that we had a closure in that we could do three Or four things on a Saturday, and that we will be polled as to which Saturday is best. 30. MAYOR'S REPORT(S) · Ratification of Re-appointments: Resource Conservation Commission, Cindy Burrascano; and Child Care Commission, Emerald Randolph. MSC (Horton/Rindone) to ratify the reappointments. Motion carried 4-0-1 (Padilla absent). · Mayor Hotton expressed that the items heard tonight will help move the City forward as we enter into a whole new era. She commended the City Manager and staff for their efforts. · Mayor Horton gave credit to the Port Commissioner David Malcolm and Senator Steve Peace for putting together a phenomenal deal with SDG&E for the Port to be able to purchase the electric plant on the bayfront. This was a direction which she wanted to move forward on. It was a major accomplishment. 31. CO[rNCIL COMMENTS Councilmember Rindone expressed that this meetirlg has been one of the most productive meetings since he has been on the Council. He was pleased with the amount of progress and the major movements in the number of areas. The improved staff morale and the team building effort was evident. He congratulated the City Manager and staff. Councilmember Moot felt it was a pleasure to come to a meeting with the quality of the work product that was given to Council. It speaks highly of the people who prepare the reports and get them to us, and the quality of the materials that was provided was excellent. He further commented that sometime ago Council passed a resolution to create a joint task force with the Sweetwater Union High School District and the Elementary School District. Me knew the elementary school district passed it. He has not yet heard whether the high school district has passed it. He asked that staff send a communication to Sweetwater, and if they are not going to pass it within a reasonable period of time, he suggested that we move forward and create the task force with the elementary school district. If Sweetwater doesl]'t want to join us or can't for whatever reason get it on their agenda and passed, we should not stop. We should move forward. Councilmember Salas felt it was an enjoyable evening. It was a privilege to be on the City Council during this time. We truly are moving our City forward to the 21st century. Everyone has co~grat~llated staff and the City Manager; rightfully so, but she wa~ted to extend her comgratulatiol3s to her colleagues. The community needs to know that the culmination of this meeting is because we did do the hard work in setting the Council priorities. It was a privilege to work with the staff and to work with forward thinking Mayor and Councilmembers. Minutes September 22, 1998 Page 18 ADJOURNMENT The meeting adjourned at 9:20 p.m. Respectfully submitted, Beverly A. Authelet, CMC/AAE City Clerk