HomeMy WebLinkAboutcc min 1997/03/25MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 25, 1997
6:01 p.m.
I. ROLL CALL:
PRESENT:
ALSO PRESENT:
Council Chambers
Public Services Building
CALL TO ORDER
Councihnembers John S. Moot, Stephen C. Padilla. Jerry R. Rindone, Mary Salas, and
Mayor Shirley A. Horton.
John Goss, City Manager; John M. Kaheny, City Attorney; Beverly A. Authelet. City
Clerk; and Patricia Schwenke, Deputy City Clerk.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 18, 1997.
MSC (Rindone/Hnrton) to appruve the ~ninutes, approved 4-0-0-1 xvith Padilia abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Cultural Arts Commission - Patricia B. Kelly; Economic Development Commission
Richard A. Reynolds and Nate Rubin: and Human Relations Commission - Jeffrey Scott. The Oath of Office was
administered by City Clerk Beverly A. Authelet to Richard A. Reynolds and Jeffrey Scott. Nate Rubin was not
present. The Oath of Office was administered to Patricia B. Kelly earlier in the day.
b. Quarterly Report from Senator Wadie Deddeh of the Wilson Group regarding work t~n the City's behalf in the
State Capitol. Senator Deddeh reported on the IBllowing items: (l) $33 nUllion proposed t'ron~ the Petroleum
Violations Escrow Acconnt t~r programs tt~ increase energy efficiency; (2) $300,000 proposed tier the Telecenter
project; (3) $200,000 proposed lin' the energy traffic signal upgrade: (4) $50.000 proposed for emission reducing
land use policy; (5) $995,000 proposed tbr the Border Environnmental Commerce Alliance energy saving technology
project; and (6) the Otay River Project, a jointly administered prqiect by the County of San Diego. City of San
Diego, aj~d City of Chula Vista to acquire and administer a river parkway into the Otay River Valley.
Councilmember Rindone requested Senator Deddeh wurk with staff to obtain thnding tbr the work prqject. He also
requested Senator Deddeh prioritize one or two major prqjects and report to Council in the near thture.
Senator Deddeh indicated the Wilson Group is working closely with staff and when more inli>rmation is t~btained.
he will report to Council. He mentioned approximately 7.000 bills are introduced on an annual basis in both houses
of legislature; uf that number. approximately I, 100 bills reach the Governor's desk with only 400 to 500 bills signed
into law.
Councilmember Moot stated the California League of Cities i~reviously contemplated legislation that would alh~w
cities to retain more of the sales tax revenue generated within the City boundaries, and he asked if anything similar
was proposed during this legislative session. He I~lt there is an advantage to look at the sales tax because it has
a natural business generating incentive boilt intu it that encourages local agencies to devdop and foster businesses.
Senator Deddeh was not familiar with anything proposed at this time. He stated last year the Wilson Group was
successful to change the definition of "sales tax" to "use tax." which allowed cities to keep the sales tax generated
M inures
March 25~ 1997
Pa~c 2
tY<,n leasing cars. The Wilson Group is trying to convince Administration to work as nmch as possible on ERAF
so as not to ttmch any more property taxes.
CONSENT CALENDAR
(Items pulled: 9 and 11)
THE BALANCE OF THE CONSENT CALENDAR, INCLUDING AMENDING ITEM 5b. TO
APPROPRIATE $200, WAS OFFERED BY MAYOR HORTON, readin;~ of the text was waived, titles read,
passed, and approved unanilnuusly 5-0.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken
in Closed Session ¢m 3/18/97 in which the City Attorney participated. that there were no reportable actions
which are reqnired under the Brown Act to be reported. It is recommended that the letter be received and filed.
h. Letter from Coleen A. Scott. Member, Cultural Arts Commission. requesting financial assistance xvith the
Fifth Annnal Classical Music Competition. Staff's recommendation is if Council wishes to approve fi~nding again
this year, that $200 be granted.
MSUC (Rindone/Padilla) to amend Item 5h. to appropriate $200, approved unanimously 5-0.
6. ORDINANCE 2705 CREATING AND ADDING CHAPTER 5.09 TO THE MUNICIPAL CODE FOR
THE PURPOSE OF PROVIDING A PERMANENT PROCESS FOR DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES (second readinl!
and adoption) - In Augnst 1995, Cimncil approved a resolution providing the Police Chief with the authority, on
a temporary basis. to make determinations of public convenience or necessity on certain alcoholic beverage licenses
as required by State law. This proposal provides tbr the permanent processing of such requests. Staff recommends
Council place th¢ ordinance on sct:ond reading and adoption. {Director of Planning)
7. ORDINANCE 2706 REPEALING SECTION 15.36.160 OF THE MUNICIPAL CODE RELATING TO
SPILL CONTROL AND SPILL CONTAINMENT OF FLAMMABLE/COMBUSTIBLE LIQUIDS (first
readinll) - During the 1991 Uniform Fire Code adoption process. Article 79 of the Fire Code was amended locally
to include safeguards tier flammable liquid overspill and containment. The 1994 Uniform Fire Code contains a
change to Article 79 which now provides Ibr better safeguards to prevent storage tank overfill situations, and
provides tbr appropriately sized spill-containment devices. As this level of protection in the Fire Code is now
greater than that which is contained in the Municipal Code, the Municipal Code amendment to Article 79 is no
longer necessary. Crown Chemical Corporation has submitted a written request for immediate relief from the Chula
Vista requirement for overspill protection device capacities which exceed the capacity required in the Uniform Fire
Code. Staff recommends Council place the ordinance on first reading. (Fire Chiet)
8. RESOLUTION 18607 APPROVING A CONTRACTUAL AGREEMENT WITH JEFF KATZ
ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION
CONSTRUCTION OF CHULA VISTA FIRE STATION NUMBER 4, AND APPROPRIATING FUNDS
THEREFOR - Council-approved Capital Improvement Project Number PS-120 provides for the relocation and
construction of Fire Station Number 4 fYom its current location at 86 0tay Lakes Road to the current Fire Training
Tower site at the corner of East "H" Street and Paseo Ranchero in the Rancho del Rey development. With the
construction of the Fire Station tentatively scheduled fi~r the Winter and Spring of 1998 based on existing agreements
Minutes
March 25, 1997
Page 3
with The McMillin Companies to advance funding li)r the project in February 1998, a Request tbr Proposal was
issued tbr architectural services to commence in the Spring of 1997. Staff recommends approval of the resolution.
(Fire Chief) 4/5th's w}te required. (C097-026)
9. RESOLUTION 18608 APPROVING EXISTING PU'RCHASE AGREEMENTS WITH DOWNTOWN
COPY AND PRINT, THE CITY OF SAN DIEGO, AND LIGHTNING PRINTING TO PROVIDE PRINT
SERVICES ON AN "AS-NEEDED" BASIS THROUGH JUNE 30, 1997, WITH AN OPTION TO RENEW
THE AGREEMENTS FOR FOUR ADDITIONAL, ONE YEAR PERIODS - Standard specifications lbr print
services have been developed and bid nut on the open market. Print services have been obtained IYom these three
suppliers under Purchasing Agent authority since September 1996. The voltline of purchases has been monitnred
and has reached the Council award limit. The suppliers have pertbrmed satisfactorily and pricing is thw~rable tbr
the City. Staff recommends approval of the resolution. (Director of Finance) (Pulled by Mayor Hottun and
Councilmember Salas)
Mayor Horton asked who were the three bidders and did staff evaluate if it is more cost-efficient to do the printing
in-house.
Robert Powell, Director of Finance, advised that the local vendors were Kinko's. CV Fast Print, and Press Paper
and Inc. He explained that the City's print shop manager retired. In order ttl give start' time to evaluate the least
expensive print services, the City bid out lbr this service. The evaluation is co~nplete and has been subtnitted to
the City Manager. Based on the evaluation, it appears it is mor¢ cost-effective tbr the City t{i contract out lbr
printing services. The evaluation also showed there is a substantial savings in the range of $20,000 to $25,000 each
year by contracting out, which does not include overhead factors and utilities. The City's current print equipment
has exceeded its useful life, although we have received a number of inquiries from print shops desiring to purchase
the equipment. If the City maintained our own print shop, there wnuld be a need to obtain new equipment in a short
period of time. The City's departments have found the turnaround time by ontsidc vendors tbr printing services
quicker than the City provided in-house.
Councihnember Salas noted that seven local printers were contacted; however, there are ninny other printers m
Chula Vista. She asked why the City wanted the option to renew the agreements as opposed to bidding out each
year. She was contacted by the Executive Director of the Chula Vista Chamber ot Commerce who expressed
concern that Chula Vista businesses would not have the npportunity it) bid fi}r this service if the current agreements
could just be renewed.
Mr. Powell responded that the City advertised in the Star News and seven bid packages were sent out. Renewing
the agreements is a common practice because it avoids the expense of bidding out. If the City is ut~happy with any
of the vendors, the agreement can be cancelled; if the printing services are adequate, the City will have the option
to renew the agreement.
RESOLUTION 18608 OFFERED BY MAYOR HORTON, readin/1 uf the text was waived, title read, passed,
and approved unanimously 5-0.
10. RESOLUTION 18609 APPROVING Tile CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S
(DBA) 1997 BUDGET; APPROPRIATING $21,000 FROM THE UNAPPROPRIATED PARKING METER
FUND BALANCE FOR THE 1996/97 THIRD AVENUE LEMON FESTIVAL AND FESTIVAL BANNERS
AND APPROVING ASSOCIATED CITY SERVICES; AND, DIRECTING THAT THE DBA'S REQUEST
FOR $20,000 FROM THE PARKING METER FUND AND CITY SERVICES FOR 1997/98
PROMOTIONAL ACTIVITIES BE SUBMITTED FOR CONSIDERATION IN THE FISCAL YEAR 1997/98
CITY BUDGET - In accordance with the Municipal Code, the Chula Vista Downtown Business Association i~
required tn submit an annual budget in March tier Council's approval. The DBA's budget is funded by a special
Minutes
March 25. 1997
Page 4
assessment applied to each business located ~vithin the District boundary and any income the District earns from
promotional activities and other contributing sources. Staff recommends approval of the resolutions. (Director of
Commttnity Development) 4/Sth's w~te required.
11. RESOLUTION 18610 AMENDING CHAPTER VII, SECTION B, OF THE MASTER FEE SCHEDULE
T0 ESTABLISH A NEW FEE FOR THE ARCO OLYMPIC TRAINING CENTER'S USE OF CITY
SWIMMING POOLS - The ARCO Olympic Training Center has contacted staff to discuss the possibility of
various Olympic teams utilizing city swimming pool facilities for low-altitude training purposes. An addition to
the Master Fee Schedule is being proprosed in an e~rt to accommodate occasional rental use of the pools by the
Olympic Training Center. A new fee would generate additional revenue for the City. Staff recommends approval
of the resolution. (Director of Parks, Recreation, and Open Space.) (Pulled by Councilmember Rindone)
Councihnember Rindone supported providing a different rate to the Olympic Training Center but requested language
be included in the third paragraph of the resolution "tier the period of September through April only." He t~lt this
language shonld be included to ensure the City's first priority is tier the residents.
John Kahcny, City Attorney, advised that if Council &sired, the resolution could be amended so the fee schedule
will be as stated but the Olympic Training Center will only use the facility when it is not being utilized by the City
[i}r its normal activities.
RESOLUTION 18610, AS AMENDED, OFFERED BY COUNCILI~!EMBER RINDONE, reading of the text
was waived, title read, passed, and approved unanimously 5-0.
12. RESOLUTION 18611 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF
FOUR ANIMAL CONTROL TRUCKS (THREE INTERMEDIATE SIZE, ONE FULL SIZE) - On 2/27/97,
the bids fi~r the purchase of four animal control trucks were opened. Sixteen prospective bidders were contacted.
Five bidders responded. The lowest bidder was Mike Farguson Chevrolet with a net total price of $97,727.67.
Staff recommends approval i~1 the resolution awarding the contract to Mike Farguson Chevrolet. (Director of Public
Works and Director of Finance)
Councihnember Padilia asked what was the unencumbered balance in the emergency fund through the end of the
fiscal year.
John Lippitt, Director of Public Works, estimated the unencumbered balance in the emergency fund to be $45,000.
13. RESOLUTION 18612 ADOPTING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE
1996-2003 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING
ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, SANDAG - On 3/5/96,
Council approved adopting the 1996-2003 seven year RTIP. This is the City's first amendment to the 1996-2003
RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the
RTIP (fiscal year 1997 and 1998). Staff recommends approval of the resolution. (Director of Public Works)
* * * END OF C~)NSENT CALENDAR * * *
ORAL COMMUNICATIONS
None.
Minutes
March 25, 1997
Page 5
***Meeting recessed at 6:25 p.m. and reconvened at 6:27 p.m.***
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING PCS 96-04: CONSIDERATION OF THE REMAINDER PORTION OF PHASE
2A AND 5 (NEIGHBORHOODS 28, 29, 30, 31 AND 39) OF VILLAGE FIVE OF THE OTAY RANCH SPA
ONE, TRACT 96-04, CONSISTING OF 262 SINGLE-FAMILY LOTS AND 265 MULTI-FAMILY UNITS
ON 148.6 ACRES OF LAND LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN FUTURE
LA MEDIA ROAD AND FUTURE SR-125 ALIGNMENT - After approximately 288 acres were acquired by
West Coast Land Fund with Otay Ranch SPA One, Village Development submitted a revised Tentative Subdivision
Map deleting that 288 acres. The revised map, excluding the sontherly portion of Phase 2A and 5 in Village Five,
was approved by Council on 11/19/96. Staff recoimnends approval of the resolntion. (Special Planning Prqiects
Manager, Otay Ranch) Continued frnm the meeting nf 3/4/97.
RESOLUTION 18613 RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH
#95021012) AND FIRST AND SECOND ADDENDA, READOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
FEIR AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE REMAINDER
PORTION OF OTAY RANCH SPA I, TRACT 96-04. AND MAKING THE NECESSARY FINDINGS
(C097-027)
Councihnember Moot abstained fr<nn w~ting dne to a possible conflict ol interest because his company represents
the McMillin Company.
Jerry Jamriska, Special Planning Projects Manager, presented the staff report. He stated new information from
McMillin was received earlier in the day which generally dear with the interface between their proposed property
and the interface with Village Development on the balance of Village 5. The suggestions by McMillin and staff's
recoamnendation are basically technical in nattire as it removes areas clearly not a part of the tentative map. One
of the interface issues relates to construction and develnpment of the paseo which is common to both properties on
the easterly side of the McMillin property and the westerly side of the balance of Village 5. There is a paseo which
leads directly to the school and neighborhood park. The park is a pedestrian park less than 5 acres in area and is
split between the two property owners. Staff recommends the park and paseo be conveyed as public property and
maintained from the general fund. Since McMillin will not have guarded entrances and half of the paseo and park
will be public. staff felt it better to have the paseo and park publicly maintained. with credit given tbr the park but
not the paseo.
Councihnember Salas asked if the park was large enough to bc considered t~r full park credit.
Mr. Jamriska replied the park is not large enough. According to thg Parks and Recreation Department. the park
is substandard because it is less than 5 acres: thereli~re, the proposal is fill' only a 50 percent credit. There is still
an outstanding issue relating to credit of the paseo which staff recommends not granting.
Mayor Horton stated a West Coast Land Fund representative indicated they were in agreement with the proposed
modifications to the conditions: however, official approval has not been obtained fnnn their Board of Directors.
The public hearing was declared open.
· Craig Fukuyama, 2727 Hoover Avenue, National City, representing the McMillan Companies, stated McMillin
is the potential buyer of the West Coast Land Fund property. A letter was submitted to the City earlier in the day
addressing some minor technical issues revolving the conditions of approval that deal m~u'e with interface and
Minutes
March 25, 1907
Page 6
adjoining property issues; those conditions have since been modified by staff and are acceptable to McMillin. He
hopes to retnrn to Council in the near fnture with McMillin's tentative map lbr the 288 acres that represent West
Coast Land Fund portion's of SPA One. Hc noted the process is complicated somewhat because of the
unanticipated multiple ownerships within the implementing documents which include the general development plan,
SPA plan, resource conveyance plan, and some of the other documents that bring the property together. He stated
in order It:it McMillin to implement their program and proceed, it will require so~ne creative amendments, revisions,
and revisiting some ot the documents to allow multiple ownerships to be represented and viewed separately and
independently.
· Kim Kilkenny, 11975 E1 Camino Real. San Diego, representing Village Development, advised that McMillin
is in escrow on the West Coast Land Fund portion of this property, not on the remaining portion of SPA One which
is the subject of this agenda item. He stated Village Development agrees with the modest changes in the conditions
of approval as staff reconnnended in reference to McMillin's recent correspondence.
There being no flirther speakers, the public hearing was declared closed.
RESOLUTION 18613 OFFERED BY MAYOR HORTON, reading of the text wits waived, title read, passed,
und approved 4-0-0-1 with Mnnt ubstuining.
John Goss. City Manager. advised Cimncil that Mr. Jamriska was retiring and thanked him tbr his work and
dedication on the Otay Ranch Project.
Council concurred and wished Mr. Jamriska wall on his retirement.
BOARD AND COMMISSION RECOMMENDATIONS
None snbmitted.
ACTION ITEMS
15. RESOLUTION 18614 APPROVING THE PURCHASE OF 800 MHZ RADIO COMMUNICATIONS
EQUIPMENT FROM MOTOROLA, INC. FOR THE DISPATCH CENTER, POLICE DEPARTMENT AND
THE FIRE DEPARTMENT SUBJECT TO OBTAINING FINANCING THEREFOR - Capital Improvement
Project Number PS 146 (800 MHz Radio Prqiect), approved by Council in June 1996, involves the purchase of the
800 MHz radio equipment for the Fire Department and Fire Dispatch in the cnrrent fiscal year, and the proposed
purchase of the balance of the Dispatch Center equipment and Police equipment in the first quarter of fiscal year
1998 (July 1997). Staff recommends approval of the resolution. (Fire Chief, Chief of Police and Director of
Finance)
Robert Powell, Director of Finance, explained the CaLease quarterly payments and the City's internal financing
methods. He indicated he is currently in the initial discussion phase with CaLease to coordinate financing tbr three
diftbrent projects: the 800M Hz system, the CAD/MCT system, and the heating and retrofit project. The CaLease
program comparatively bids financing fi~r cities and entities in the State. Motorola has their own lease company
bnt financing through CaLease was timrid to be significantly less expensive. Once CaLease financing is approved,
the amount of the funding will be set aside in an escrow account at a bank and the City will draw down on that
escrow account as fi~nds are needed to purchase the eqnipment. The City will be required to make quarterly
payments of principal and interest over the terms of the lease.
Minutes
March 25, 1997
Page 7
Councilmember Moot stated this was the first time he heard about financing through the CaLease prograin. He
asked if money was being set aside in a capital improvement project fund for the 800MHz system.
Mr. Powell answered the current capital improvement project indicates that the 800MHz radio equipment and the
CAD system will be financed over a five-year period. Staff identified CaLease as the primary vendor of the
financing, and approximately $230,000 has been set aside fi>r the capital improvement project.
George Krempl, Deputy City Manager, continned fiends have been appropriated from various funding sources
the 800MHz and CAD system projects. Without the CaLease financing, th~ City would not have sufficient revenue
accrued from other funding sources to complete the project in a timely manner.
Councilmember Padilia asked if the City has been setting aside a percentage of the residential construction tax in
anticipation of a large capital improvement project. He also asked if grant funding was available.
Mr. Krempl stated money had been set aside but the overall cost of the prt~ject would take the City many years to
accumulate enough revenue to pay fi~r it outright.
Mr. Beintema responded that considerable amount t~f research was done by staff and alternative funding sources
such as grant funding were not available.
Councilmember Moot asked how broad was the contingency in the agreement subject ttl funding. He undcrstl~od
the project is important because it impacts public safety but wlanted assurance the City has the ability to pay fur the
system.
Mr. Krempl explained that funds to pay the principal and interest would bc allocated and reflected in the five-year
capital improvement project program. Staff anticipates there will he sufficient revenue from existing revenue
sources to do other pro. jeers based on the projected revenue stream.
Mr. Powell noted the contingency is based on the uncertainty with financing at this point. When thc financing
comes back, staff will identity funding sources fi~r the lease payments: however, as in any lease, it will be up for
annual appropriation as part of the budget process. Th~ contingency is worded y,o the contract dl~es not kick m until
financing is obtained.
Councihnember Rindone commented the cost fi~r the 800MHz radio equipment and CAD system amounts to
approximately $4.8 million. He asked why these projects weren't planned sotsnet, and how much money had been
set aside fbr the prqjects. While these projects have distinctive public benefits and there is a need to move in this
direction, he wanted to ensure the financing plan does not handicap the City t~>r other major capital improvement
projects.
Mr. Beintema explained the CAD project was contemplated a number of years ago in the capital improvement
project and funds were appropriated tier it. There is a need lor Chula Vista ttl convert to an 800MHz system and
approximately a year ago, staff Mt this was the only way tt~ make this transition since capital improvement project
funds were available in the budget fi~r the first time.
Ireczema Quilantan, Principal Management Assistant. advised there is approxm~ately $1.7 million appropriated t~r
the CAD system.
RESOLUTION 18614 OFFERED BY COUNCILMEMBER RINDONE, reading2 of the text was waived, title
read, passed, and approved unanimously 5-0.
Councilmember Moot stated when the City obtains the financing package, he wanted to see projections ot whrre
the money was coming from to make the payments fi~r these projects.
Minutes
March 25. 1997
Pa~e 8
16. RESOLUTION 18615 AWARDING THE COMPUTER AIDED DISPATCH AND MOBILE DATA
COMPUTER (CAD/MCT) CONTRACT TO UNISYS CORPORATION SUBJECT TO OBTAINING
FINANCING THEREFOR - The Public Safety Communications Project, PS-115, will provide an integrated
computer-aided dispatch (CAD) and mobile data terminal (MCT) system. The CAD system is intended to replace
an automated "card" system which was designed and built over ten years ago by the Information Services
Department of the City. This prop,~sed system will allow the potential ti~r a regional information system in the
South Bay area. The MCT system ~s intended to speed-up report writing and the process of making inquiries to
law enfrcement data bases. SlatT prepared and released a request for proposal and received responses from 6
diflercnt vendors. Afier evaluating all responses, staff began contract and price negotiations with Unisys
Corporation and ~s now ready to enter into an an agreement. Staff recommends approval of the resolution. (Chief
of Police) (C097-025)
Louie Vignapiano, Director of Management and Information Services, stated when the City goes live, we will be
under the Windows NT version and not Windows 3.11.
C{mncilmember Salas noticed the staff rep~rt indicated the City's Purchasing Agent opposed the agreement and the
Management and lnformation Services Director reconm~ended it. She wanted assurance the City has a contingency
plan in place when the system installed so xve don't experience what occurred in the Department of Motor Vehicles
when their system failed.
Mayl~r Horttm indicated there is a schedt~le ti~r the system to he implemented in stages. At the end of the schedule,
what is our recourse if after the last major milestone is met, the system does not function properly.
Attorney David Sholis advised he has worked on this contract on behalf of the City since 10/96. He discussed the
attempts the City has made to legally protect itself should the system fail. The contract provides: a performance
bond: insurance it the company falls 30 days behind schedule: if there are problems we did not toresee, we would
have the right to end the contract; and a 90-day acceptance period, where the City withholds the final payment, 20
percent of the contract price, tmtil essentially we have gone 90 consecutive days without a priority one problem.
Mr. Vignapiano explained a priority one problem is when m~jor portions of the system do not operate the way it
needs to and the dispatchers become ineffective in what they arc doing. A priority two problem means the majority
i,f the system is functioning properly. dispatchers are able t<l dispatch police and fire units, but there might be a
nunor problem which does not aft~cl the actual functilm of dispatch. Doring the initial stage, Unisys will take care
ot priority one and two problems: priority one problems will extend the 90-day acceptance period.
C~mncilmember Rindone indicated no matter how good a system is today, there will be a better system tomorrow.
Hc asked why the City needed to purchase a system instead of leasing it.
Chief Emerson didn't know if there was an ability to lease this system, but indicated this is the best system which
can meet the needs ot Chula Vista.
John Coggins. Purchasing Agent, explained the reasons h~r his opposition regarding this item. He asked why should
the City of Chula Vista spend $3 million im a product that is non-existent. He hadn't seen this product work and
currently no other public agency is successfully using this product. Unisys has been nnable to provide the City with
references for a completely successful CAD installation with a Windows 3.11 system because the system doesn't
work. He stated there are other working CAD systems that public agencies are using, and he prefbrred Chula Vista
purchase a proven and reliable prodoct. He indicated he was involved in the initial negotiations regarding this
project but was not involved in the final draft of the agreement. He was convinced if the City went Ibrward with
the current proposal, there wlmld be delays and cost overruns.
Minutes
March 25, 1997
Page 9
Councilmember Rindone felt there is a need to move fi>rward bnt was not comfi~rtable without looking at the option
of leasing.
Mr. Vignapiano stated the time line to do the conversion tbr this project is approximately 15 months. From a lease
standpoint, if the City has to do this again in two years, ,,re will just be completing the first conversion. He stated
from a technological standpoint, the leasing of a system or changing it often is extremely time consuming.
Councihnember Padilia stated the question is whether or not the City will have the adaptability and expandability
to continue to be effective in providing a level of service which meets the City's standards. Any system the City
goes with will ultimately be outdated at some point. He t~lt leasing the system was not a good option due to its
application and cost.
RESOLUTION 18615 OFFERED BY MAYOR HORTON, reading of the text was waived, title read, passed,
and approved unanimously 5-0.
17. RESOLUTION 18616 APPROVING AMENDED AND RESTATED AGREEMENT WITH
SOUTHWESTERN COMNIUNITY COLLEGE DISTRICT FOR CONSULTING SERVICES TO BORDER
ENVIRONMENTAL COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS - This agreement changes
the Southwestern contract by: (1) reducing tile scope t>t' the contract Ill focus on incubator tenant assistance
exclusively; (2)dissolving the Border Environmental Technology Research Center (BETRC) program component
and eliminating the BETRC Manager, Cross Border Marketing Specialist, Project Clerk, and Environmental
Management Specialist positions; and (3) amending the Southwestern bndget to $165,000 li>r the remainder of the
contract, 4/30/97 through 4/30/98. Staff rccotnmcnds approval of the resolution. (Director of Community
Development)
Daniel Stockin, Director of BECA, explained the terms of the agreement with Southwestern College. He reported
that BECA protnotes economic development in the border region through environmental business development.
Staff proposes to allow Southwestern College to locus on helping incnbator tenants and pr{ividing small business
assistance.
Councihnember Salas was glad to sec BECA reducing the scope of participation with Southwestern College because
she t~lt this program has been top heavy in administrative and personnel costs, and the direct benefit to the actual
businesses has not been proportional to what it should be. She asked how many businesses ~vcre assisted by
Southwestern College staff regarding the incubator tenant program.
Mr. Stockin replied approximately 16 businesses have been in the prograin. Applicants have also been assisted by
Southwestern College staff.
Councilmember Salas expressed concern that in the 1-1/2 years this program has been in existence, there has been
approximately 16 incubator tenants. During this time, full-tm~e Southwestern College start has already been there
as part of the Border Environmental Technology Resource Center (BETRC) to assist the businesses. She l~lt that
because Southwestern College has its ow'n small business development center on campus, they can provide the same
service as the two full-time people at the BECA center.
Mr. Stockin explained that the incubator program is expanding. and there will be a new incubator tenant manager
coming onboard from Hawaii. He Mt the ntnnher of businesses justify the two positions; however, the amonnt of
work it takes to run the consultant pool contributes significantly to the work load.
Councilmember Padilia stated it wonld be helprid fi>r staff to provide inti>rmation regarding how many hours arc
spent doing the tasks for this program.
Minutes
March 25. 1907
Page I 0
Counciimember Salas stated the whole point of the BECA program is to create jobs and make sure businesses that
conic into the program succeed. A l~w months ago, she went to the Southwestern College BECA office and was
told there were 14 businesses in the incubator program: last week she was told there were 8 businesses in the
incubator program. She wanted to look at some sort of benchmark or explanation of what happened to the
businesses that left and it'jobs had actually been created. Wilh the $2 million tier this project, she limit it probably
would have been better to use the money to create a small business loan fund.
Mr. Stockin explained that the number of tenants fluctuates depending on who is in the process of applying versus
who .iust ~noved out. The $165,000 also clmstimtes a portion of the money h~r the consultant pool, supplies, and
travel expenses and is not jnst aimed at the two fifil-time positions.
Councihnember Rindone indicated that Councihnemher Salas' qnestion was not answered regarding the number of
clients served, responses met. and benchmark for evaluations. He requested staff provide Council with a report
w'ithin O0 days and as an agendized item to better understand hu~v the successes are being evaluated. He also
wanted included in the report staff's recommendation tbr the projected successes tBr the remaining 1-1/2 years.
Councihnember Padilia asked what percentage of the budget is set aside li>r consultant services.
Mr. Stockin answered that $25,000 lint oI the $165,000 is set aside fi~r consultant services.
RESOLUTION 18616 OFFERED BY COUNCIl. MEMBER MOOT, readinlZ of the text was waived and title
read.
Cinlncihnember Salas stated she was not clmvinced there is a need fi~r Southwestern College staff to be on-site for
business consulting and would not support the resolution. If the incubator tenants need consulting, they can go to
the small business development center as needed, and services can be paid as needed to Southwestern College. She
nnderstood staff turnover is a malor reason why this program has been slow in reaching its potential.
Cimncihnember Padilia echoed the same sentiments of Councihnenaber Salas and prefi~rred more intbrmation on
this item hetbre moving t~rward.
VOTE: Failed 2-3 with Rindune, Padilia, and Salas opposed.
Cheryl Dye, Economic Development Manager, explained that staff shares some of the concerns raised by Council.
She lblt the fi>cus of the acc~m~plishlnents sh{inld be to get things in place, market the program, get more tenants,
provide a good service so the businesses stay and are successli, d, eliminate what wasn't working well, and hopefully
develop the other aspect of BECA ~vhich is the technology transfer aspect.
Councihnember Salas requested a copy of the last quarterly report.
It was the consensus 0f Council t0 continue t0 the meeting ttf 4/8/97.
ITEMS PULLED FROM THE CONSENT CALENDAR
(Items 0 and I I - The minutes will reflect the published agenda order.)
Minutes
March 25, 1997
Page 11
18. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
John Goss reminded Council of the fi~llowing:
·
·
·
OTHER BUSINESS
A workshop is scheduled for Thursday 3/27/97 at 6:30 p.m. in the Council Conl~rence Room.
There is no meeting scheduled on 4/1/97 due to Council policy.
A workshop is scheduled on 4/10/97 at 5:30 p.m. regarding Third Avenue.
A workshop is scheduled on 4/29/97 with the Growth Management Oversight Committee regarding its 1996
Annual Report.
19. MAYOR'S REPORT(S)
a. Ratification of appointment to the Board of Ethics - Ricardo Gibert (to till vacancy created by Member Kelly
whose term expires 6/30/98).
MSUC (Horton/Rindone) to appoint Ricardo Gibert to the Bnard of Ethics.
b. RESOLUTION 18617 APPROVING SUBMITTAL OF A PETROLEUM VIOLATION ESCROW
ACCOUNT (PVEA) FUNDING REQUEST IN THE AMOUNT OF $995,000 TO THE CALIFORNIA STATE
LEGISLATURE - This is a funding r~quest tier $995,000 from the Petroleum Violation Escrow Account, a state-
administered fund, to support the implementation of a new Border Enviromnental Commerce Alliance (BECA)
proposal. The proposal is a three-component demonstration/education project to further the efforts of the BECA
goal of fostering innovative environmental technologies along the U .S. Mexico border. The Legislative Connnittee
reconnnends approval of the resolution.
Councilmember Rindone stated he did not see in the staff report an explanation regarding the $200,000 to showcase
the BECA facility.
Jeanette Moorhouse, Acting Manager f~or the Border Environmental Resource Training Center, reported that the
showcase will be located inside the BECA building and will contain 10 to 20 demonstrations of the tenants'
technologies.
Mayor Horton shared with Council a conversation she had with Assemblywoman Ducheny and Senator Peace, who
limit this was an appropriate request tin- funds.
RESOLUTION 18617 OFFERED BY MAYOR HORTON, reading id' the text was waived, title read, passed,
and approved unani~nously 5-0.
Minutes
March 25. 1907
Page 12
20. COUNCIL COMMENTS
· Councihnemher Rindone stated when the annexatmn fi~r the western parcel of Otay Ranch has be/en
consummated, he suggested having an annexation ceremony since this is the nlost significant annexation to enlarge
the City since the Montgomery annexation.
Mr. Goss concurred this is a mz~ior accomplishment we want to celebrate. and staff has already been directed to
c{~me np with ideas.
· Councihnemher Padilia understood that the Humane Society provided the City with an investigative report
regarding the animal shelter, and hc reqnested a copy of that report be sent to him in the next agenda packet.
· Councihnember Moot received information of a conference in Australia regarding the International Council tbr
Local Environmental Initiatives (ICLEI). tte indicated he is unable to attend the conference and snggested the City
send another representative.
Councihnemher Salas indicated she is the alternate member liar ICLEI hut is nnahle to attend the contbrence. She
clancuffed that Chula Vista should be represented at the conference.
Mayor Horton suggested Barbara Bamberger attend the conl~rence on behalf of the City.
The meeting adDurned at 9:53 p.m.
AD.IOURNMENT
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE
Patricia Schwenke, Deputy City Clerk