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HomeMy WebLinkAboutcc min 1997/08/26MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TIlE CITY OF CItlII.A VISTA Tuesday, August 26, 1997 6:08 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: CALL TO ORDER Council Chambers Public Services Building Councihnembers: Padilia, Rindone, Salas, and Mayor Horton. C¢lttncilm~nlb~r: Moist (on vacati{ln) City Manager, John D. Giiss: City Attorney~ J{lhn M. Kaheny; and City Clerk, Beverly A. Authelet 2. PLEDGE OF ALLEGIANCE TO TIlE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: August 12, 1997 (regular meeting) anti August 13, 1997 (special meeting). MSC (Salas/Rindone) to approve the minutes of August 12 and August 13 with Councihnember Moot to provide a reason t~w his abstention ml the vote to excuse Councilmemher Padilia. Mention approved 3-0-I-I with Moot absent and Padilia abstaining since he was not present at the meetings. 4. SPECIAL ORDERS OF THE I)AY: a. A Proclamation was presented by Mayor Hl~rtlm to John Bowen, president, Bahia Sur Kennel Club, proclaiming the week of September 7 throu,gh September 13. 1997 as "National Dog Week." CONSENT CALENDAR (hem/mll~'d: 6) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR IIORTON. headings read, texts waived, passed and approved 4-t}-1 (Moot absentl. 5. WRITTEN COMMUNICATIONS: a. Letter from the Cily Attorney statint~ that to the best id' his kmmled~e from observance of acttires taken in Closed Session on 8/19/97 in which the City Attorney participated, that there were no reportable actions which tare required under the Brown Act to be reported. The totter was received and filed. 6. RESOLUTION 18763 APPROVING THE EXTENSION OF THE SOLID WASTE FRANCHISE WITH ALLIED WASTE ON A MONTH TO MONTH BASIS (STARTING ON SEPTEMBER 5, 1997) PENDING FURTHER CITY REVIEW AND CONSIDERATION OF A 5 YEAR RENEWAL TO THE YEAR 2002 - In June, 1997, Council conditilmally apprl~vt'd the assignm~.nt iff th~ solid waste franchise from Laidlaw to Allied Waste Industries of Arizona. Laidlaw/Allied was directed to ¢nta into negotiations with the City regarding varioas issues prior to the S~ptcmher date fi~r consideration of th~ last 5 year franchise renewal option to the year 2002. This item is to consider extending lh~ franchise on an interim basis while discussions with the franchisee continue. Staff recommends appr~val of the resolution. (Deputy City Manager Krempl). Item ptdled by Councilmember Rindone. Minutes Angust 26, 1997 Page 2 Ctmncihnember Rindone stated Ctmncil had received a cllpy ,~f a letter ~'lnn Laidlaw. It appeared that there may be an interpretation that to exercise this ¢ll~tilln is unilateral. tte asked how the City Attorney perceived this and if thae was any potential legal impacts or ranU~cati¢ms. Glen Gongins. Deputy City Athn'ncy. stated that regarding the process tilt' the l',{~tential renewal of the franchise, it was his opinion that the renewal process was not a unilateral p~ocess whereby Laidlaw can merely exercise renewal rights withont obtaining City al~prowtl. The City is in discussion with them over the ultimate discretionary authority ¢~f the City in app~oving the renewal and are attempting to reach an agreement. At this point, Laidlaw is {ff the opinion that by notit}'mg the City under the current circnnlstances, they may be able to at't~ct a renewal. However, the City has apprised llmn~ that this was m,t the case. Under the terms of the t~anchise, prior to th~ t'ranchisce being ahle to obtain a renewal tmdcr the i~cnding circnmstanccs, the City would need tt~ find that the franchisee was n~t in breach of the terms of the lranchise and has pcrli~rmed satislitctorily ender the terms of the franchise. In addition, there is a procedure lbr evaluating the renewal. and it is a pr~cedure that is contained in the City's Charter which calls [br a resolution or intention to renew to he adopted by the City and then a public protest hearing t{~ be h~ld on the sul~cct. Clmncilnlenlber Rindolw suggested an amendment to staft's recommendattire Ill extend Ihe franchise on a month-to- month basis by directin.~ staff tt~ plopare an RFP in pleparatilm fi~r gtling ilut to hid and bring the RFP back to Council tier review and approval wbile clmtinuin~ discusslims and eflbrts to provide resolution to the issnes identified in the staff' report. Mr. Gongins clarified the pr<,pl~sed amendment: stall ,.viII cormhence preparing an RFP, but not actually issue the RFP and solicit bids. T¢~ dl~ that would he prenlatnre in light ill' the hot that the decision on the renewal had not been reached. If the City Ctmncil does dete~lnme, with the al3prtlpriate findings, not to renew the franchise then staff wtmld he prepared to avoid any awkward interm~ period and wtmld then actually issue the RFP and solicit bids at tElat time. Councilmen~ber Rindone replied that this was wcH stated and the clarification was the exact intent. MSC (Rindone/l~'adilla) t~ direct slaff to prepare an RFP in preparation llw ~,ninl/, out to bid and briug the RFP back to Couucil for review and approval while cm~tinuing with discussinus and efforts to provide resolution In the issues ideatitled in the staff rep~wt. Motinn carried 4-11-1 (Moot absenlJ 7. RESOLUTION 18764 APPROPRIATING $163,665 IN UNANTICIPATED REVENUE, WAIVING TIlE CITY'S FORMAL BIDDING PROCESS AND AWARDING AVIARY CONTRACT TO AMERICAN STEEL BUILDERS INC. TO CONSTRUCT A CLAPPER RAIL AVIARY AT THE NATURE CENTER - This item reqnests authorizati{In to complete tile final phase (Ill) iff the Clapper Rail Exhibit. Entire fitnding of this prt~ject has come I~'on~ outside stlurces and no City fimds ,,viII be used on this exhibit. Council approved Phase I construction and awarded a elmtract filr it on 9/19/95 and another fi~r Phase II construction on 3/26/96. The final phase consists of construcfil>n i,f the aviary and design and installattire of the inte~pretive f~'atures. Staff recomnmnds approval of the resolution. (Executive Director. Bayfront Conservancy Trust) 4/5th's w~te required. 8.A. RESOLUTION 18765 AMENDING FISCAL YEAR 1997/98 BUDGET TO APPROPRIATE $32,412 FROM TELECENTER REVENUE TO SUPPORT THE CHULA VISTA TELECENTER PROJECT - The East "H" Street telecenter has been ripen fi~r three years, during which time it has been funded solely by grants. These grants have been used as seed money to establish and operate the telecenters while working toward self sufficiency. To date, the telecenters generated $52,801. Of that, only $25~260 has been appropriated. The remaining have been placed in a fired and included in fiscal year 1997/98 revenue estimates. On 6/14/97, Council approved a one year lease agreement with Kelton Title Corporation lilr the Eastern Telecenter. This action extends the existing lease agreement. Staff reclm~mends apprl~val of the resolutions. (Environmental Resource Manager and Telecenter Direct,,~r) 4/5th's vole required. Minntes August 26, 1997 Page 3 8.B. RESOLUTION 18766 APPROVING RENEWAL OF A MONTH TO MONTH LEASE AGREEMENT WITII KELTON TITLE CORPORATION FOR THE CHULA VISTA TELECENTER PROJECT Councihnenlbcr Salas asked if tile telecenters were somethin.~ which we should be tnnding given the Ihct that many people were already doing telecommuting from thdr own hnm~s. She also asked what was the usage sinc~ the two telecenters have been consolidalcd into one. Barbara Bamberger, Environmental Resource Manager, stated in terms iif tile flintling, we are sinlply requesting funding through April 1998 fklr revenue that the telecenter program has .generated that we are putting back intn the program. In terms of the relevancy, there are still many people in the City who either don't have access to a computer they may not be able to work at home during the day. In many cases, cmph~ycrs still }~el uncomfi~rtable allowing their employees to ~w~rk I~om home. A talecenter provides that bridge. Ms. Bamberger also stated that the telecenter is operating at about 52% capacity. Since the beginning of Jtme, the rate increased to 62% occnpancy rate, but it has gone back done in Angust since this is vacation month. They were hoping to pnt a great eftbet int~ marketing the telecenters during the next six months. We have received a $10,000 grant from SANDAG to do nothing but marketing. Councilnleml~er Rindone suggested that we Ii~l~k at examining partnerships with the school districts to have schools open in order to get parents and community members intn the schot}ls after school hours to utilize these thcilitics so you don't have to create another facility. 9. REPORT PROPOSAL TO REPLACE ALL RED INCANDESCENT TRAFFIC SIGNAL LAMPS WITH LIGHT EMITTING DIODE LAMPS TO SAVE ENERGY COSTS - The City is in a position to save approximately $88,000 per year in energy costs hy switching the red traffic signal indication lamps from incandescent lamps to light emitting diode lamps. San Diego Gas & Electric Company has an incentive program that ofl~rs up to $15 rebate per light. The relamping project lllust he coRlpl~ted by 12/I/97 m order to receiv~ the incentive. This prqject is part {ffth~ City's t~v~rall Carbon Dioxide Reductionn and Energy Conservation Plan. Staff recommends Council accept th~ r~p~,rt and al~provc the rcsolntion. ([)irccto~ ol Puhlic Works, Dd'ector of Finance and Hllvironlllellfal Resource Manager) RESOLUTION 18767 AUTHORIZING A $251,7511 LOAN FROM TIlE TRUNK SEWER CAPITAL RESERVE FUND, APPROPRIATING THE LOAN PROCEEDS AND UNANTICIPATED REVENUE FROM THE SDG&E INCENTIVE PROGRAM TO A NEW CIP - TRAFFIC SIGNAL LAMP REPLACEMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE A COMMERCIAL INDUSTRIAL INCENTIVE AGREElVENT WITII SAN DIEGO GAS & ELECTRIC COMPANY FOR THE REPLACEMENT OF INCANDESCENT LAMPS TO LIGHT EMITTING DIODE LAMPS - 4/Sth's vote required. Mayor Hoetim stated she was c{;ncerned ahllut safety issues. She asked it'th~ li,~htmg will b~ dimnice than the lights that we are currently using. John Lippitt. Public Wllrks Dir~ctnr. responded that tim lights will h~tlk about the sanle. These are the red bulbs in the traffic signals that we are talking ahlmt: it is nnt the street lights. ORAL COMMIINICATIONS Minutes August 26, 1997 Page 4 PUBLIC IIEARINGS AND RELATED RESOLUTIONS AND ORDINANCES Niln¢ submitted. BOARD AND COMMISSION RECOMMENDATIONS ACTION ITEMS 10. REPORT "HIGHER EDUCATION CENTER" CONCEPT PROPOSAL _ For the past several years, the City has been taking steps which wlmld allttw lilt the ~lture devehllm~ent ill a four-year university within the c{imnnmity. More recently, the City has also heen invlllved with SDSU and UCSD in several university-related projects, and has also begun discusslims regarding a "higher education center" concept which would bring together two or more educational institutions on a single site. Staff reconunends Council accept the report and direct staff to continue to refine the pr~lp,lsal through ~inther negotiatitms with representative academic institutions. (Assistant Planning Director) Staff report was presented by Duane Bazzel, Principal Planner. John Goss, City Manager. stated that this is a very exciting ct,ncept. One of tile goals of the general development plan that was adopted hy the County Board ot Supervisors and the City of Chula Vista was to try to c~btain a separate University of California campus. There is not much money available to build a new campus of any type in the lbreseeable tinttire. The possibility of having a university presence in this type of tbrmat seems like an exciting way to acc,,lnlplish our goah lie pointed out that we have a letter jointly signed by Dr. Webber of San Diego State and Dr. Dynes of UC San Diego. Councihnemher Sails wanted to know if pursuing tile environmental science institute concept is in addition to and not in c,,mlpetition with tile higher education learning center. Mr. Bazzd stated that staff has been concei ned ahont tile potential ~lr that t,3 occnr. Thnnlgh,,mt otlr discussions with UCSD, these meetings have inwllvcd bt~th c{lnccpts, and the idea that wc do mlt want to preclnde our ability to obtain this four year university presence in the South Bay. We want to scc how both concepts can link together and work toward that academic presence. Cimncilmember Rindone supported the concept. TIle report did inchtde issues about organizational strnctnre. He t~lt this was important to bring back to Council lilt review when this is worked out. We don't want this in lieu of or in dimination of the flair-year concept. The staff rept~rt stated that the staff cost fi~r the higher education center will be charged to the general thnd, httt did not give a range. He refittested that when staff returns in regards to the siting issue and the tlrganizational struttrite to also give Council a ran,~e of the estimates of the staffing costs. Councihnember Salas stated that her prcl~rencc tbr the site would be tile Town Centre Redevelopment area. It would revitalize the downtown and bring st~llle use into the area. It would algol draw people into the area that nornlally would not come into the downtown area. Mayor Hotton expressed that there were also some benefits to having tile different entities being in close proximity to line another, One of the sites which has hcen identified by UCSD fi~r the Environmental Sciences Institute is in the Otay Ranch area next to the lake. The other site which staff has been hn~king at fi~r the font-year campus is ac~iac~nt hut within close proximity tl~ that particular site, and Western Regional Bioshare is in the EastLake area. Councilmenlber Padilia stated he also sul313orted the concept, but that he was not sure that the environmental sciences institute and the multi-facility conctq3t are necessarily mntnally exclusive mlr should they be. He felt there may be components that would be required It} Illake one or the other hecon~e a reality. Minutes August 26, 1997 Page 5 MSC (Rindune/Hurton) tu uccept tile rep~rt. Mutton cnrried 4-0-1 (Mnnl ahsent). 10.1 REPORT STATUS OF CLOSURE OF JEFFERSON AVENUE FOR FEASTER SCHOOL - On 1/7/97, Council authorized the chlsure of Jefferson Avenue by tbe Chula Vista Elenlentary School District subject to certain conditions. The School District wishes to chlse Jefferson Avenue with temporary fencing betilre 9/2/97, but they have not completed tile wink necessary tc~ Illeet tile conditions required tl~ vacate the street. The District needs to move ahead with the closure by that date in order to have the modifications to Feaster School ready by the start of school. Staff recommends Council apl~rove this report and permit the Chula Vista Elementary School District to proceed with the closure of JefI~rson Avenae now based on the District's written agreement to complete the items necessary to vacate the street within six months. (Director of Public Wnrks) Staff report by Cliff Swanson, Deputy Director of Public Works/City Engineer. The m~ior roadblock to the prqject was provision of the alternate pedestrian access to "E" Street during school hours. Council has specified that you approved the design of the walkway. Since the District has hilt yet been able to acclmlplish that iteln, this itcln authorizes staff to permit the District to move ahead sul~icct m certain c~mditions. Addressing Council was: · Lowell Billings. Assistant Superintendent ~r tile Chula Vista Elementary Sch{lol District, 84 E "J" Street, Chula Vista, 91910. reaffirnl~d their clmmUtment to fulfill the a~r~emrnt rc~arding tbe ch~snre of Jefferson Street. Thus l~r, they have committed to after hours easement tin' use of the pa~k. Their intent with the structure of the closure is to have a gate and a walkway st~ that after scht~{}l hours the property and walkway will be open through to "E" Street and the entire park and playground will be available to the community. A m~ior concern was access during school hours of which time they would need to keep the playgrouml closed. They have completed a walkway that connects an easement on the west side of the school fi'om Jelters~n to "E" Street. It will be bordered by a 6 fi~ot chain link t~nce to separate it fi'om the school, and three will be ~v~ 500 watt lights that will be placed on the side of the school building to illuminate the area aBer hours. The cn~mc~;in~ design and the hydrology reports are being developed. They have agreed t,~ a plan tt~ leave the street drainage as it stands. allowing it to flow through the playground without berming of one site tt~ the next. They arc also dcveh~ping plans and have committed to finalize the cul-de-sac and complete the termination of the Jefferson Street closure. They have also installed a fire lane through the lhcility and added tw~ 8 inch water mains with fire hydrants. They arc processing a payment to the City to handle the traffic light issue. They are waiting ft~r permission to m{}ve the paln tree at the corner of Flower and Broadway. and they arc also under the mutual agreement that any sale of the land that the thir market value of the land would he returned to the City. Councihnenlber Rindone asked if tile appropriate signa~e on h~th ends of tile guarded walkway through Jefferson would be done so pedestrians w{luld he able to knl~w when it wtluld bc i~pen. Mr. Billings replied that it would he. and they planned tl~ add signage at the entlance of the Jefl~rson Street cul-de- sac that will warn trucks and vehicles tidal it is a partially chlsed street st} it will h~lp titter large vehicles ~'om turning there. MSC (Rindone/Hurllm) tu accepl tile repm't. [%h,tilnl approved 4-0-1 (Meet ubsent). ITEMS PIlLLED FROM TIlE CONSENT CALENDAR (Itenl 6 was pullcol, hut the minutes will reflect tile puhlished agenda order). Minutes August 26, 1997 Page 6 OTIIER BUSINESS I I. CITY MANAGER'S REPORT(S) · There is an issue regarding modifying area codes. We are running lint of numbers within the "619" area code. He saw a report indicating there are fhnr alternatives. There ,,viII be a hearing on September 9 from 10:00 a.m. to 1:00 p.m. A member ot staff will be attending. · Thursday, Septemba 11, 1997. is a regularly scheduled worksblip. TIle stfl2ject will be the Goals. Also to be included will he setting expectations to he inchlded in the City Manager Brochure. · Regarding the ad tilr City Manager, a questi{m had been asked regarding the timing of the deadlines. He f~lt the key was the ad in Western Cities Magazine. He I~lt there needed to be enough time ti0r people, who have learned about the position, to respond. react, and submit an application. Thcrctilre, the end of October was listed as the deadline. Another issue raised was where shlmld the applicatiuns he sent. He f~lt it shonld be sent to the City Manager's Office. because it will provide a positive message to potential candidates. This will also provide an assurance of confidentiality. 12. MAYOR~S REPORT(S) · Com/nented that she artended the San Diego Chamber Orchcstra's Summer Pops program on the water front. It was sponsored by the City of Chttla Vista and the San Diego Port District. She encouraged people to attend this in the future: it was an excellent program, · Commented that she attemled the ceremony lilt Kyle William Remp who received the highest scout honor, an eagle scout. His thther is Brad Remp. Assistant Director of Building and Himsing. 13. COUNCIL COMMENTS · Councihnember Rindone suppllrted mtlving the City Manager's deadline of October 3 1st up a week, because things have a tendency to slide. Hc I~lt this shlluld be done and cl,npleted with a reconunendation by mid- Mr. Goss responded that sometimes Western Cities doesn't come out until the 5th or 7th of the month. He l~lt that you would want to make sure that all qnali~ed applicants apply. If we inove this a week. it means it will only be out on the street about two weeks. He t~lt that there should be enough time allowed to give applicants time tn apply. He l~It that the one extra week would not atf~ct the overall process except that it would give more time for qualified applicants to apply. lithere were good applicants, then it would be possible to have the process completed by mid-December. Councihnenlber Rindone stated that one week would not make that much of a dil'f~rence. If the manager f~lt that giving a week at the front end is an investment, he could acqniesce to that. Ho~vever, he would like to reconsider having the applicatkms sent to the [hnnan Resources Dcl~artmcnt. He l~lt it provides an element of clarity that the city manager was not involved in any portion of tbt- determination of tile success{~r. Councilmember Padilia stated that he conld support either idea as to where the applications should be sent. Councihnember Salas stated she agreed with M r. Goss that it does present a better view by having applications sent to the City Manager. She t~lt this would send a more positive message. Minutes August 26, 1997 Page 7 Mayor Horton stated she supported having the applications sent to the City Manger's Office. She also added that an additional aspect would be con~dentiality since there may be city managers applying tilt the position who would not want the word to get out. The meeting adj ourned at 7: 35 p.m.. ADJOURNS, lENT Respect~dly submitted, Beverly A. Authelet, CMC/AAE City Clerk