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HomeMy WebLinkAboutcc min 1998/04/21MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 21, 1998 6:22 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers: Moot (left at 7:32 p.m.), Padilla, Rindone, Salas, and Mayor Hotton. Councilmembers: None City Manager, David D. Rowlands; City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline Long. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: March 17, 1998 and April 7, 1998. MSC (Moot/Padilla) to approve the minutes. March 17 minutes approved unanimously 5-0; April 7 minutes approved 4-0-0-1 (Rindone abstaining since he did not attend the meeting). 4. SPECIAL ORDERS OF THE DAY: · Oath of Office: Ed Wesche, Otay Valley Road Project Area Committee. Mr. Wesche was not present. · Presentation was made to the new Assistant Chief of Police, Jim Zoll, by Chief of Police, Rick Emerson. · Announcement of winners of the 1997/98 Fair Housing Poster and Essay Contests was made by Mary Scott Knoll, Executive Director, Fair Housing Council of San Diego. · An update on Cultural Arts activities was presented by Cultural Arts Commissioner, Al Gore. He thanked Council for the partnership with the Universal Amphitheater. With that they have 18 days which will be allotted for community events. The Con~ission would like to be involved in any type of planning for that. People have been selected for the McCandliss awards. The awards will be given at the annual beautification awards banquet. Southwestern College presented a play called "our Town." It produced $211 for the Gayle McCandliss Foundation. Southwestern College is also having a play, "Tallies Follies", April 22-25. Music competition is scheduled for May 16-17 at the Main Library. Expo '98 was very successful event. Vista Square Elementary School requested a donation for the deaf and hard of hearing students to attend a Festival xn Chicago. The Cultural Arts Commission has also unified with other art groups to be able to unify the cause of the arts. · An update on the Port Commission was presented by Chairman, David L. Malcolm. · Proclaiming the week of April 19 through April 26, 1998 as "Boys and Girls Club Week." The proclamation was presented by Mayor Hotton to John Clingan, President and CEO, along with Danielle Broussard and Melissa Payne, both "Youth of the Year." · Proclaiming the month of April 1998 as "Alcohol Awareness Month." The proclamation was presented by Mayor Hotton to Tris Hubbard, representative of the Chula Vista Human Services Council. Minutes April 21, 1998 Page 2 CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, headings read, texts waived, passed and approved unanimously 5-0 with Rindone abstaining on item 5A. 5. WRITTEN COb~v~UNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 4/7/98, that there were no reportable actions which are required under the Brown Act to be reported. Approved 4-0-0-1 (Rindone abstaining) to receive and file the letter. 8. Letter from Norm Ross, Commissioner of the California Youth Soccer Association-South District One, requesting a donation for Salvador Barraza, a Chula Vista youth, to attend a youth tournament in France during the last week of May. Approved unanimously 5-0 to deny the request. C. Letter from Roderick F. Davis, Executive Director of Chula Vista Convention & Visitors Bureau, requesting that the tax paid by the Amphitheater and the Waterpark be added to the total TOT collected when determining the allocation to ConVis. Per staff's recommendation, it was approved unanimously 5-0 to refer back to staff for review and for consideration as part of the budget process. 6. ORDINANCE 2728 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF TEE MUNICIPAL CODE BY REZONING APPROXIMATELY 12.97 ACRES OF LAND LOCATED AT 675 OXFORD STREET FROM RESIDENTIAL SINGLE FAMILy (R-l) AND LIMITED INDUSTRIAL (IL-P) TO OFFICE COMMERCIAL (CO-P) AND DELINEATING PRECISE PLAN GUIDELINES (second readinq and adoption) - There are two aspects to the Project: 1) Amend the General Plan for the subject property from Open Space/Research & Limited Manufacturing to Professional & Administrative Commercial; and 2) Rezone the property from R-1 (Residential Single Family) and IL-P (Industrial Limited - Precise Plan overlay) to CO (Office Commercial). The Project Site is 12.97 acres in size. The applicant, Palomar Station, LLC, is requesting an amendment to the General Plan Land Use Diagram and rezoning of property located at 675 Oxford Street from Residential Low-Medium and Limited Industrial to Professional and Administrative Office Commercial to permit development of the property as professional offices or, with approval of a Conditional Use Permit, multi-family residential. The Applicant has indicated that they have tried unsuccessfully to market the property as industrial land. Ordinance was placed on second reading and was adopted unanimously 5-0. (Director of Planning) 7. ORDINANCE 2729 AMENDING SECTION 8.20.025 OF THE MUNICIPAL CODE RELATED TO VENDING VEHICLES - RESTRICTIONS NEAR ELEMENTARY SCHOOL FACILITIES (first readinq) - City staff has been experiencing a problem in dealing with complaints regarding ice-cream vendors in the immediate vicinity Of Our local schools. A change in the structuring of our schools has created a problem with the language in the ordinance restricting vending vehicles. Additionally, staff feels that there is now a need to incorporate schools, other than elementary schools, into the language of the existing ordinance restricting these vending vehicles. Many of the complaints and reported problems have come from the areas surrounding Middle or Junior High Schools and High Schools. The current language in the Municipal Code does not address these other schools directly. Approved unanimously 5-0 to place the ordinance on first reading. (Director of Public Works and Chief Of Police) 8. ORDINANCE 2730 ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINACE (first readinq) - The City is currently conducting proceedings for the formation of a Community Facilities District, pursuant to the "Mello-Roos Community Facilities Act of 1982" ("Mello-Roos Act"), to finance the operation and maintenance of the proposed Otay Ranch SPA One Open Space Maintenance District, the Otay Ranch Preserve Maintenance District, and the Sunbow II Open Minutes April 21, 1998 Page 3 Space District. The proposed ordinance will enable the City to amend the Mello- Roos Act to accomplish the following: (1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"); (2) include maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act"; and (3) establish an operating reserve fund for open space districts. Approved unanimously 5-0 to place the ordinance on first reading. (Director of Public Works) 9. RESOLUTION 18958 AMENDING THE BUDGET TO INCLUDE CONTRACT LABOR NEGOTIATIONS SERVICES AMD APPROPRIATING $10,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND RESERVE - The City will be conducting labor negotiations with the Police Officers Association. In the past, the City has generally used in- house management staff to conduct negotiations, with a senior staff member as the chief negotiator. Per staff's recommendation, the resolution was approved unanimously 5-0. (City Manager) 4/5th's vote required. 10. RESOLUTION 18960 ADOPTING NEGATIVE DECLARATION IS-98-22 FOR THE ANIMAL SHELTER - On 2/17/98, Council approved Purchase and Sale Agreements for properties located at 110-130 Beyer Way and 1771 Fourth Avenue for the purposes of siting a new animal shelter. That Agreement required that an environmental review of the site and proposed project in accordance with CEQA would be completed prior to close of escrow. Per staff's recommendation, the resolution was approved unanimously 5-0. (Community Development Director) 11. RESOLUTION 18961 APPROVING A COMPREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT WITH VALENCIA DIESEL TRUCK REPAIR AT 3554 MAIN STREET AND APPROVING PAYMENT IN THE AMOUNT OF $20,197 AS SETTLEMENT THEREOF FROM THE OTAY CENTER CIP PROJECT (#PR 133) - On 10/21/97, Council and the Redevelopment Agency approved Purchase and Sale Agreements with the property owners of 3554 Main Street for purposes of siting the proposed Otay Recreation Center project. As part of that transaction, it was indicated that the City would be respons,ble for relocating the existing tenant on the site, Valencia Diesel Truck Repair. Per staff's recomanendation, the resolution was approved unanimously 5-0. (Community Development Director) 12. RESOLUTION 18962 APPROVING A TWO-YEAR EXTENSION WITH THE UNISYS CORPORATION FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER In July of 1995, the City entered into a three-year maintenance agreement with Unisys Corporation for maintenance of the City's Unisys V-430 mainframe computer. This three year agreement expires on June 30; however, the agreement gives the City the right to extend the contract for two additional years at the same terms and conditions. The existing contract includes features such as an annual rate cap and several performance thresholds which must be met by Unisys. Per staff's recommendation, the resolution was approved unanimously 5-0. (Director of Management and information Services) Councilmember Rindone did not pull the item, but wanted to verify with staff that this extension is in the City's fiscal best interest. Louie Vignapiano, Director of MIS, stated that the contract Council approved for the replacement of the mainframe and the new financial system will take us eighteen months to two years to implement. What this maintenance contract will do is continue to make sure the current mainframe will continue to run. If it breaks down, it can be repaired. Otherwise, the new system will not be implemented and if the old system should fail, we would be without any way to furl the current financial systems. It is definitely in the City's best interest. 13. RESOLUTION 18964 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR THE PURCHASE OF ONE SERVICE AMD MAINTENANCE TRUCK - On 3/3/98, an advertisement was placed in the Star News soliciting bids for the proposed purchase of one service Minutes April 21, 1998 Page 4 and maintenance truck. In addition, twelve prospective bidders from the Purchasing Agent's bid list, including two local vendors, were contacted directly. On 3/24/98, the bids were opened. Two bidders, including a local vendor, responded. The lowest bidder was Fuller Ford with a net unit price of $34,053.31. Per staff's recommendation, the resolution awarding the Purchasing Agreement to Fuller Ford was approved unanimously 5-0. (Director of Public Works and Director of Finance) * * * END OF CONSENT CALENDAR * * * The meeting adjourned to the Redevelopment Agency at 7:23 p.m. OP~AL COMMUNICATIONS · Carol Raty, 873 Fairway Court, Chula Vista, 91911. She came to council in 1993 with the Telegraph Canyon Control Channel issue which will affect 69 homes that are in plight of loosing land and property. The 1993 storm was very devastating; it took a lot of trees and property. In the meantime, the City has done a wonderful job in getting development funding and the design has been done. Last week she had a meeting with the Planning Department and also the Environmental consultant who is trying to get mitigation land accepted so we can get permits to start the channel. The channel was supposed to be constructed this year. Because of the environmental constraints, that is not to happen. The City is going to have to purchase mitigated land at $600,000. She knows that this project is going over budget, and the City had no idea that this was going to happen. She has found out that even after purchasing the land, the City will have to spend another $600,000 in bringing it up to environmental standards. Her feeling is that at the time that Council voted for this project, it was to be a number one priority. She is here to make sure that it continues to be so. What she is trying to find out is will the City commit to spending the $600,000 so this project can be done next year. It is five years that they have been trying to get this project done. Mayor Horton stated she will have staff get back to Council with a report. This has been a priority with the City. We will get something done, but she did not have an answer now. We will get back to her with a response. Cliff Swanson, Deputy Director of Public Works, stated it is a top priority. As indicated, in 1993 when we enacted the Telegraph Canyon drainage fee, we were covered on this project under the Nation-wide permit because the acreage of wetlands was not high enough to require mitigation. Subsequent to that, legislation has changed. We now have to mitigate 1 1/4 acres of wetlands. That has slowed the process down. Also, the amount of money in the Telegraph Canyon DIF does not cover all the construction of the project. Our plan this year is to finish that. There are also two parcels of right-of-way that are outstanding where the property owners have refused to dedicate and are holding the process up, but we are moving forward on that. We are also restricted to a very tight window of construction. The earliest that we can start is July 23rd, and we have to be out of it before the rainy season. To try to get it all of it done and advertised next year and fit it into that window, is very tight. Our proposal is to concentrate on getting the mitigation land taken care of so that the following year we can be assured that it will absolutely go to construction. Mrs. Raty stated that at the meeting, he seemed to feel that the funds were not going to be there for this project. This is what worried her. Mayor Hotton stated that this item was not agendized, therefore, we can not have lengthy discussions. She stated she will follow up on it and get back to her on this. Councilmember Moot asked to be excused. There was only one item left on the agenda that requires a 4/5th vote (item 16). He would indicate his support of Minutes April 21, 1998 Page 5 that item if for some reason his vote was needed. He didn't have time to take the item now. He did not expect any problems, but should there be any, the item could Come back next week. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PCM-98-27; AMENDMENTS TO THE SUNBOW II SECTIONAL PI3~NNING AREA (SPA) PLAN CONSISTING OF MODIFICATION OF THE PLANNED COMMUNITY DISTRICT REGULATIONS TO MODIFY THE REQUIRED SIDEYARD SETBACKS AND ALLOWABLE FLOOR AREA RATIO IN THE RESIDENTIAL SINGLE FAMILY LAND USE DISTRICTS FIELDSTONE COMMUNITIES, INC. - The applicant proposes to amend the Sectional Planning Area (SPA) plan for the Sunbow II project. The proposed amendments would change the required sideyard setbacks from 13'/3' (minimum total/one side} to 10'/5', and would increase the allowable floor area ratio from 50% to 55% in the Residential Single Family land use district. Approved 4-0-1 (Moot absent) to place the ordinance on first reading. (Director Of Planning) ORDINANCE 2731 APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL pLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING SIDEYARD SETBACKS AND FLOOR AREA RATIO (first readinq) This being the time and place as advertised, the public hearing was opened. Addressing Council were: · Jim Hansen, 5465 Morehouse Drive, San Diego, 92121, representing Fieldstone Communities, stated he was available for questions. · James Nagel, 1427 Laurel Avenue, Chula Vista, 91911, had to leave, but wanted the following put on record: "He was opposed to both the 55% coverage and the reduced side yard setback." There being no one else indicating a desire to address the Council, the public hearing was closed. Councilmember Salas asked if what is currently allowed is a 10 foot set back on one side and three feet on the other and what is being proposed is 5 and 5. Does that mean that the houses are not going to be any closer than 5 feet together. Robert Leiter, Director of Planning, replied that the houses are not going to be any closer than 10 feet together, and there would be a 5 foot setback or~ e~ch property. Councilmember Salas asked if right now we are allowing the house to the lot line to be as close as 3 feet. Mr. Leiter responded that was correct on one lot. The other one has to be 10 feet. Councilmember Salas asked if this is a compromise that you are proposing in order to get a higher to floor area ratio. Mr. Leiter replied that the two are really separate, but the applicant had requested both changes. There was an issue with one of the existing neighborhoods, so the floor area ratio as it relates to properties adjacent existing homes was not changed. Councilmember Rindone stated that he was not real enthusiastic about the proposal. Anytime we move to have dwelling units closer to each other, in this case 13 feet to 10 feet, is not a step in quality of life living that we want. He saw in the staff report that the proposed amendments would clearly be consistent with the development standards utilized by a number of other planned communities within the City. Even though he was very much opposed to that, there is such a thing as equitable and fairness. If we had made exceptions for other Minutes April 21, 1998 Page 6 developments, we need to be consistent. He was perplexed at how we would allow the reduction of the quality of standards in other developments to take place and as others come forth to continue to follow that. How can we change that? Mr. Leiter answered that Council could provide direction that staff move from what has been applied to the previous planned communities and reevaluate that issue. We can bring back to Council more information about the setbacks and lot sizes, and give Council an opportunity to set some policy direction for future projects. Councilmember Rindone expressed that we really do need to look at those standards. Particularly as we expand into the Otay Ranch, so we don't come up with new exceptions. He would reluctantly support this because it is consistent with others, but he would also formally request a staff referral to come back and have the Council rethink and look at this design feature. Councilmember Padilla asked if he was understanding the staff report which makes reference to the fact that as this particular SPA amendment may be applied by the applicant in a non-traditional setting and that is to a product that is not your traditional single family resident on a larger standardized subdivided lot. Mr. Leiter replied that this is being applied to the single family residential subzone, so these are typically 5,000 to 6,000 square foot lots. This type of setback has been applied to other planned communities. This is more or less the typical single family detached subdivision type that is being built in the Sunbow project. Councilmember Padilla stated he would echo the comments that Councilmember Rindone has made. in that if we were looking at planned community regulations from the standpoint of a new policy, he would probably be disinclined to support a direction that saw the decrease in the distance between structures as they are situated. However, there is the issue of consistency and fairness as it is applied. He asked if there is a policy in existence that the Council will regularly review these types of regulations for planned communities other than as we have applicants and tentatives come before us on a regular calendar. Mr. Lelter responded he did not believe there was. The way our planned community districts are formed is for each individual master planned community,the applicant is allowed to come forward with their own specific proposal. It is rev,ewed and reports are forwarded to Council. Councilmember Padilia asked if it is customary in the world of planning to have a standard or a set of general guidelines that we already have in existence that we use as a point of reference. Mr. Leiter responded that it varies. We can reference the single family zones that we have in the older part of Chula Vista as one point of reference. The other projects that have been approved in the past, we could pursue some sort of an overall set of guidelines that would be applied to future SPA plans and have some discussions with the Planning Commission, Design Review Committee, and the Council about setting some guidelines regarding setbacks and other issues that Council is interested in. Councilmember Padilia replied that he would be interested in the referral when it comes back. Probably, whether it be guidelines or parameters that we would want to examine. Also, examining a schedule by which we make a determination that it is appropriate to review regulations periodically at given times rather. Mayor Horton added that when you go forward with this evaluation, you need to consider the market place and affordability when you are making those decisions. She felt they would not be building and asking for these types of amendments if it weren't for the market place and the type of product that is desired. Minutes April 21, 1998 Page 7 Councilmember Rindone added that he was not objecting to the increased floor area ratio component. He felt you could accomplish that in many ways. One of which does not have to be by reducing the distance between dwelling units. ORDINANCE 2731 WAS PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Moot absent). 15. PUBLIC HEARING REGARDING THE ADJUSTMENT OF THE TELEGRAPH CANYON DRAINAGE FEE - The fees established in 1990 for the Telegraph Canyon Drainage Basin improvements were last updated in 1992. At that time, however, due to various factors, the fee remained unchanged at $3,922 per acre. It is time to revisit this fee after six years and update it in accordance with the provision included within Ordinance 2384. If approved, the resolution will increase the fee to $4,579 per acre. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 18965 ADJUSTING THE TELEGRAPH CANYON DRAINAGE FEE AS PROVIDED FOR IN ORDINANCE NUMBER 2384 John Lippitt, Director Of Public Works, stated this fee is to help fund the project that Mrs. Raty was talking about earlier. Therefore, staff would recommend its approval. It is basically a construction index costing increase similar to what the CPI would be for other cost increases. 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 18965 OFFERED BY CO~NCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Moot absent). BOARD ~uND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. RESOLUTION 18966 APPROPRIATING FUNDS TO THE ENERGY CONSERVATION FUND TO CONTINUE TELECENTER OPERATIONS THROUGH THE END OF FISCAL YEAR 1997/98 AND DIRECTING STAFF TO INCLUDE $15,000 FOR TELECENTER OPERATIONS FOR FISCAL YEAR 1998/99 BUDGET - During budget discussions last year, Council challenged staff to show the telecenter could be self-sufficient through this year. To date, staff has met this challenge and has also embarked on a very successful marketing campaign, bringing in an historical 78 clients in February and increasing to 100 clients in March. Staff is requesting appropriation of telecenter revenue and Voluntary Time Off salary savings from the environmental management budget to continue operating the telecenter through this fiscal year, and to direct staff to actively seek gap funding for next fiscal year. Staff recommends approval of the resolution. (Environmental Resource Manager) 4/5th's vote required. George Krempl, Deputy City Manager, presented the staff report. Angie Jarchow, Telecenter Director, reported on recent marketing strategies. Addressing the Council were the following people who were currently using the Telecenter and supported its continuance: John D. Rittenhouse, 730-D Edgewater, Chula Vista, 91913. · Gary Voss, 265 Alvarado St., Chula Vista. · Robert Osorio, 513 Windy Way, Chula Vista. · Mollar Lew, 557 Parkside Drive, Chula Vista, 91910. · John Pynemburg, P.O. Box 793, Bonita, 91905. Minutes April 21, 1998 Page 8 David Burroughs, St., 1869 Manzana Way, San Diego, William Wish, 2888 Iris Avenue, 92154. Kim Marja, 5459 San Miguel Road, Bonita. 92139. Councilmemeber Salas referring to the staff report on page 16-2 stated that she felt what staff was trying to do was to point out that while we are spending millions of dollars to make bigger highways that in actuality we are making it easier for people to use cars, and thereby, exacerbating the problem. And yet we commit so little resources to find solutions to encourage less reliance on the automobile. In Mr. Krempl's presentation he alluded to the fact that the telecenter had gotten a little off its original intent. When she was reading the staff report, she had the feeling that there isn't a lot of use of the telecenter as it was originally intended to do. According to the staff report, all kinds of different groups are coming in for various reasons to use the telecenter. At one point in the staff report, it states that all these new people coming into the telecenter have caused staff to devote time to service them and take care of their needs rather than do the very important component which is writing grants and securing funds. All of these other uses that are coming into the center that are really not the pure use of what the center was designed to be. She felt staff should take a look at that. When she reads the staff report and how people use the center, she got a sense that there is too much of the telecenter being used as a business incubator. We are seeing two examples in the City of two good programs that were given a time certain to operate and to be self sufficient, and when we are looking at the time frame that we were asking those programs to be self sufficient and operating on their own, may not have been realistic. She believed the City is committed to a CO2 reduction and are on the cutting edge of trying to implement programs that are good for our environment. You are asking us to spend more money on a program that may be on the verge of doing exactly what it is supposed to be doing. Councilmember Padilia stated that staff found the money to carry this through the end of the fiscal year. It is very appropriate when we look at the coming budget that the Council evaluate what commitments should be made in subsidy from the City beyond what you are requesting at this time which is to give them $15K. He believed the telecenter is a value to the community. However, it is a legitimate budget for the Council to examine to what degree and for how long the City government should subsidize the operation of the telecenter, or whether it is more appropriate to phase it out to be self sufficient with other funding sources. He had no problem authorizing the appropriation to finish out the fiscal year and indicating the desire that we set aside the $15K in the coming budget if it is possible. Councilmember Rindone asked what do we charge individuals who are utilizing the telecenter. what is the rate of charges? Per hour? Ms. Jarchow responded it depends whether they are a telecommuter or a renter. A telecommuter pay $5.00 per telecommuting day. The renters pay anywhere from S8 to $10 per hour for the conference room and pay $6 an hour for the workstation, or we customize contracts suited to their needs based on the capacity. Councilmember Rindone felt that the Council has been committed to the telecenter in the past and looks forward to trying to find new ways to fund it because it is a new concept that is growing. He wanted to explore some additional options that may be of benefit to provide funding sources to help address that issue. He asked if we had a rate that is charged for residents versus non-residents. Ms. Jarchow responded no. Councilmember Rindone stated that between now and budget time, you might want to look at that to see if it makes any significant difference. In trying to ascertain if we are getting 100% occupancy rate. He suggested that staff may want to look at some of the models that MTDB uses for occupancy rates to see if they would be helpful in assisting you with the telecenter so that you can get Minutes April 21, 1998 Page 9 a true reflection as to what occupancy rates are. He also suggested staff might want to look at partnerships with the school districts including Southwestern College. Particularly as we see in adult education adults coming back into the community utilizing the telecenter in the late afternoon and evening. Another thought is to consider the computer companies, because they can utilizing the opportunities of training people as a way of selling their brands. Maybe they can chip into contributing towards the telecenter. The other thing he hoped staff would look at when you come back to budget time, you were very astute when you pointed out on page 16-6 the telecenter is to compete with other services such as the visitor's center, animal shelter, library, and other amenities in the City. Staff may want to look at the number of residents that are being served to see if there is a justification there, because many times elected officials are trying to find ways to support a program. The best way you can find suppu~t is when you are serving the residents. You will have the support to extend tills tO the budget cycle, but that is not what you are really asking. What you are really asking is where is the comitment and what Council is trying to do is to assist to get you there. The other valid point is how can you expect potential customers to utilize it if there is a fear that the carpet is going to be pulled out from under them. RESOLUTION 18966 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived, passed and approved 4-0-1 (Moot absent). 17. RESOLUTION 18967 ACCEPTING ~NNUAL TOXICS POLICY REPORT ON IMPLEMENTATION OF THE MUNICIPAL POLLUTION PREVENTION POLICY ;LND SUPPORTING RECOMMENDATIONS TO FURTHER IMPLEMENT THE POLICY - In August 1996, Council adopted a new pollution prevention policy; one element in the policy was to provide an annual update for Council to review implementation progress. Staff has reviewed the Original recon%mendations and followed up with all affected City departments to determ,ne if the recommendations in the policy had been implemented and if these recommendations were of benefit to the department. This report contains findings from the follow-up and is provided for Council to review progress made by staff. Staff recommends approval of the resolution. (Environmental Resource Manager) Staff report presented by Barbara Bamberger, Environmental Resource Manager. RESOLUTION 18967 OFFERED BY MAYOR MORTON, heading read, text waived, passed and approved 4-0-1 (Moot absent). 18. RESOLUTION 18968 APPROVING THE REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND PARTICIPATING AGENCIES - Chula Vista has been working with other regional sewer agencies and the City of San Diego to develop a llew Metro Sewage agreement which would extend the existing agreement to 2050 and allow guaranteed service beyond 2050. This new agreement is based on the "Principles of Understanding" which were approved by Council in December of 1996. Staff recommends approval of the resolution. (Director of Public Works) John Lippitt, Director of Public Works, stated this agreement culminates about 11 years Of effort that has been involved between the 15 participating agencies. The agreement, in staff and legal counsel's opinion, is superior to the existing agreement that we have which will expire in 2013. The biggest advantage to this agreement is it gives guaranteed service to the year 2050 where the current agreement expires in 2013. Even after 2050 we have guaranteed service as long as we pay our fair share of the improvements. It divides the cost of providing a major upgrade to the system of about $1.5 to $2 billion based upon flow as opposed to capacity which is beneficial to Chula Vista. Dwight Worden, legal counsel, stated that in view of the complexities, it is his legal opinion that in virtually every important area, this is a legally stronger agreement for Chula Vista than the old one in terms of the City's ability to protect your capacity, your right to use the system, to enforce fair charges based on flow and use, and your right to provide for your expanded capacity needs in the future if you need them. The agreement ~s improved in areas of dispute Minutes April 21, 1998 Page 10 resolution and arbitration. The main issue that merits some clarification is the situation with regard to should San Diego sell the system. The agreement does provide that San Diego has the right, as the owner, to sell the system if they chose to do so. If they do exercise that right in the future even though they have told us they have no interest in doing that, should they change their mind, does the buyer have the right to pass through to the users some of the debt service or cost incurred as a result of the sale. It was his legal opinion in reading the agreement that the answer is no. On the grounds that what this agreement basically is a cost sharing agreement that obligates San Diego to run the system in the most cost effective manner that it can be run and each of the users pay their fair Share based on flow of those costs. If San Diego were to sell the system or pull equity out in some way, in his opinion, that is not a cost of operating and running the system that would be a pass through cost. We asked San Diego to include expressed language clarifying that in the agreement; they would not do so, although their staff and negotiators told us that it was their understanding that our obligation was to pay our proportionate share of costs. What is recommended is that a cover letter go to San Diego indicating that you approved the agreement on the understanding that they have the right to sell the system, even though they have told us they are not planning to, but if they do so, it won't cause financial harm to Chula Vista. Councilmember Rindone asked wouldn't it also be wise to include that in our resolution, because it is clearly in our best interests. Mr. Worden responded that if it is Council's understanding that you are going to approve the agreement on the basis that if they should exercise their right to sell, that won't cause financial harm to recite that in the resolution. It would be a good idea. Councilmember Rindone felt that the cover letter is good, but people forget about those things. Councils will change over the years, so he would like to see it included in the resolution. RESOLUTION 18968 AS AMENDED OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Moot absent). ITEMS PULLED FROM THE CONSENT C~_LENDAR No items were pulled. 19. OTHER BUSINESS CITY MANAGER'S REPORT(8) - none 20. MAyOR'S REPORT(8) Appointing new me~tbers to the UCCV Task Force. Mayor Horton recommended four new members be added to the Task Force. They would be: Joe Guerin, Editor, Star News, who would replace Rick Fitch who is no longer with the Star News; Dr. Serafin Zasueta, President Superintendent of Southwestern College, to replace former Mayor Nader who has moved to Colorado; Dr. Gregory A. Talavera, Assistant Professor, Graduate School of Public Health, San Diego State University, replaces a member who failed to attend several meetings; and the fourth member would be an individual who will be recommended by the Mayor of Tijuana. MSC (Horton/Padilla) to ratify the individuals named by Mayor Horton as new mealhers of the UCCV Task Force. Motion approved 4-0-1 (Moot absent). Wanted to send condolences to Dr. Tom Pasqua's family who recently passed away. Dr. Pasqua was a valuable member of the community and very committed to the field of education and environment. Minutes April 21, 1998 Page 11 21. COUNCIL COMMENTS · Councilmember Rindone stated he was on an educational trip to China, because he is Principal of Hilltop High School and we have an exchange program with a high school program in China. Therefore, he was out of town with the passing of Dr. Pasqua and he joined the Mayor in recognizing Dr. Pasqua as a community leader, and this community will miss him. · Councilmember Padilla added his condolences to Sandra and the rest of the Pasqua family. Dr. Pasqua was a mentor and a friend and someone whom he was fortunate enough to cross paths with in the early stages of his formal education. · Councilmember Salas stated that Dr. Tom Pasqua touched all our lives. She was a 37 year old freshman at Southwestern College and was a student of his in a philosophy class. He was a fine professor and someone who really made you challenge yourself. She also asked to be excused from the joint Growth Management Oversight Committee and City Council meeting scheduled on Monday, April 27. She will be traveling to Washington D.C. as part of her job with California Trade and Commerce Agency. The meeting adjourned at 9:10 p.m. ADJOURNMENT City Clerk