The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 1997/10/07 Tuesday, October 7, 1997 4:00 p.m. "'1 daciare \.moer penalty of p8durv that 1 am employed b,; 'r.r,e City of GhUlfJl/hltB :;n t!'":1! Office of d,@ ;;;ty Clerk and that i ;,>"''';00 tN. Agenda{"'"IiC@ 00 the BuU..1;n Board at the Public ~i"". Buildh'g ~~ K,~ DATEDJQj 1 SIGNED 1 Council Chambers Public Services Building Re.ular Meeting of the Citv of Chula Vista Citv Couocil CALL TO ORDER Councilmembers Moot _' Padilla _' Rindone _, Salas _' and Mayor Horton _' 1. ROLL CALL: 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: September 23, 1997. 4. SPECIAL ORDERS OF THE DAY: a. Commending the Chula Vista Literacy Team on its Tenth Anniversary. The Mayor will present the proclamation to David Palmer, Library Director, and Meg Schofield, Literacy Team Coordinator. b. Proclaiming the month of October as "Breast Cancer Awareness Month." The Mayor will present the proclamation to Helen West of the American Cancer Society Breast Cancer Awareness Committee. c. Proclaiming the month of October 1997 as "Red Ribbon Month." Mayor Horton will present the proclamation to Tris Hubbard, Chairman of the South Bay Red Ribbon Coalition. d. Proclaiming the month of October 1997 as "National Art. and Humanities Month." The Mayor will present the proclamation to Ric Todd, Cultural Arts Coordinator. e. Certificates of Appreciation will be presented by Mayor Horton to the following representatives of organizations for their sponsorship of Music in the Park 1997: Bret Berritt, CEO, Sharp Chula Vista Medical Center; Kim Cadwell, Marketing Director, Vltrazone; Chuck Hanson, Vice President of Marketing, Viejas Casino & Turf Club; Charles Moore, Laidlaw Waste Systems, Inc.; Natasha Martinez, The Eastlake Company; Robert Hart, Manager, El Torito Restaurant; Liz Jackson, Project Director, Pacific Bay Homes; Judy Herbert, Assistant to the CEO, Rohr, Inc.; Pat Barnes. Government Representative, San Diego Gas & El~ctric; Constance Bryam, Project Director, McMillin Company; Boh Taylor, Vice President, Community Development, Wells Fargo Foundation; Joe Guerin, Editor, The Star News; Karen Goss, Director of Community Development, Pacific Bell; Rich Zak, Manager, Jakes South Bay; Grace Garcia. Branch Manager, Bank of America; Michael Krichman, Insite '97 International Art Exhibition; Carol Rapley, Manager, The Ramada Inn - Cbula Vista; Gene Clements, President, Chula Vista Art Guild; Jess Valenzuela. President, Friends of Art; Norman Burpee, President, Bonita Artist Potpourri; Bill Virchis, Chula Vista Cultural Arts Commission; and Catherine Sass, San Diego Unified Port District. Agenda -2- October 7, 1997 CONSENT CALENDAR (Item" 5 through 9) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Forni" availnble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the Assistant City Attorney stating that to the best of her knowledge from observance of actions taken in Closed Session on 9/23/97 in which the Assistant City Attorney participated, that there were no actions taken which are required under the Brown Act to be reported. It is r~commended that the letter be received and filed. 6. ORDINANCE 2713 AMENDING SECTION 2.66.040 OF THE MUNICIPAL CODE TO INCLUDE NORMAN PARK SENIOR CENTER IN THE DESIGNATED RECREATION FACILITIES WHICH ALLOW THE SERVING OF ALCOHOLIC BEVERAGES (second readin!! and adootion) - During the fiscal year 1996/97 budget process, the Parks, Recreation and Open Space Department proposed to enhance revenue hy renting Norman Park Senior Center on Saturday and Sunday evenings. The revenue projected was $8,500; actual revenue received was $183. Staff recommends Council place the ordinance on second reading and adoption. (Director of Parks, Recreation and Open Space) 7. RESOLUTION 18787 APPOINTING STONE & YOUNGBERG AND MERRILL LYNCH AS THE UNDERWRITING TEAM TO MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 - On 8/12/97, Council directed the Finance Director to conduct a competitive process to select an Underwriter(s) to assist in structuring the transaction and to market the bonds for Assessment District 97-2. A Request for Proposals was sent to thirteen underwriting firms, with seven responses received. Stone & Youngberg ami Merrill Lynch proposed as a team and are considered the best qualified to economically and efficiently structure and market the bonds. Staff recommends approval of the resolution. (Director of Finance) 8. RESOLUTION 18788 TAKING A POSITION TO SUPPORT THE FORMATION OF A COUNTY LIBRARY AUTHORITY FOR THE PURPOSE OF PLACING A QUARTER OF A CENT SALES TAX MEASURE ON THE BALLOT AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE ON SAID AUTHORITY - On 10/7/97, the San Diego County Board of Supervisors is scheduled to approve a resolution to create a County-wide Library Authority. This Authority will consider placing a 1/4 cent sales tax proposal on the 6/2/98 ballot. If placed on the ballot and approved, the tax would be in effect for live years, would be dedicated to library improvements only, and would provide Chula Vista with an estimated $15 - $19 million dollars. Stan recommends approval of the resolution. (Library Director) Agenda -3- October 7, 1997 9. RESOLUTION 18789 AMENDING THE FISCAL YEAR 1997/98 BUDGET TO APPROPRIATE $17,492 FOR THE MIDDLE SCHOOL PROGRAM FROM THE GENERAL FUND RESERVE; AND ADDING A 0,75 FULL-TIME EQillVALENT (FTE) YOUTH COORDINATOR (UNCLASSIFIED) TO SUPERVISE THE PROGRAM; AND ADDING 0,48 FTE PART-TIME HOURLY RECREATION LEADER TO STAFF THE PROGRAM; AND TO APPROPRIATE $24,492 TO 100-1562 FROM UNANTICIPATED REVENUE OF $24,492 FROM SWEETWATER HIGH SCHOOL DISTRICT FOR THE MIDDLE SCHOOL PROGRAM - At the budget workshop on 6/2/97, Council heard the proposal for a Middle School Program from the Principal of the Chula Vista Junior High School. A proposal has been prepared for the City to fund the program, in conjunction with funds already approved by the Sweetwater Union High School District, to implement an after- school program at each of the four middle schools. Staff reconunends approval of the resolution. (Director of Parks. Recreation and Open Space) 4/5th's vote required. ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. 1/ you wish to speak to any item, please fill out the "Request to Speak Forni" available in the lobby and submit it to the City Clerk prior to the meeting. None submitted. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Commillees. None submitted. Agenda -4- October 7. 1997 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and slalfrecommendations may in certain cases be presented in the alternative. 17lOse who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. 10. REPORT REGARDING A MEETING STIPEND FOR CHULA VISTA'S REPRESENT A TIVE TO THE METRO W ASTEW A TER COMMISSION - On 8/22/97. the Metro Commission received a verbal report from staff recommending that elected Metro Commission representatives receive a stipend of $125 per meeting with each member eligible for payment for a maximum of two meetings per month, and the Chair eligihle for a maximum of four meetings per month. The Metro Commission approved the per diem reimbursement effective 9/1/97 with the County of San Diego and the City of Chula Vista abstaining. Staff recommends that Council receive and consider this report. (Assistant City Manager) II. REPORT PCM-98-08; COUNCIL REFERRAL REGARDING CITY-WIDE TEMPORARY OUTSIDE SALES - CITY-INITIATED - On 9/9/97, Council was addressed under Oral Communications by representatives of the Chula Vista Walmart and a National City car dealership asking support for their request to hold a temporary used car sales event in the Walmart parking lot. Staff recommends no action be taken and that the report be filed. (Acting Planning Director) 12. RESOLUTION 18790 IMPLEMENTING THE CITY'S LAST OFFER TO CHULA VISTA POLICE OFFICERS ASSOCIATION (CVPOA) AND AMENDING THE BUDGET THEREFOR - On 6/24/97, the City and the CVPOA reached an Impasse in negotiations for a successor Memorandum of Understanding. On 7/3/97. the City Manager, in his capacity as the Municipal Employee Relations Officer, met with the CVPOA to identify the issues in dispute and to review the position of the respective parties in an effort to resolve the disputed issues. On 8/6/97. the City and the CVPOA met with a State mediator in an effort to resolve the issues in dispute. Mediation was unsuccessful. Pursuant to the City's Employer-Employee Relations Policy, the matters in dispute are now submitted to Council for consideration. Staff recommends unless the impasse is resolved that Council unilaterally implement the City's last offer to CVPOA and amend the budget to cover the cost of the MOU adjustments. (City Manager) 4/Sth's vnte required. NOTE: TIME CERTAIN FOR 6:00 P.M. ITEMS PULLED FROM THE CONSENT CALENDAR 11/is is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Agenda -5- October 7, 1997 OTHER BUSINESS 13. CITY MANAGER'S REPORTCS) a. Scheduling of meetings. 14. MAYOR'S REPORTCS) 3. Ratification of appointment to the Safety Commission - Carol Gave (to fill vacancy created by Commissioner Bierd, whose term will expire on June 30, 1998). IS. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a special joint meeting/worksession with the Planning Commission on Thursday, October 9, 1997 at 5:30 p.m. in the Council Conference Room, Administration Building and thence to the regular City Council meeting on October 14, 1997 at 6:00 p.m. in the City Council Chambers. A joint meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. Tuesday, October 7, 1997 4:00 p.m. '" dOlClers ..00... penalty of perjury thet I em employed by t~e City of Chula Vlsts in the Office of the (;Ity Clark and that I posted Council Chambers this Agenda!Noti,-.e on the Bulletin Board at Public Services Building the Public SefVi~ Building a~~..:~' ~pn DATED, /P/~a2SIGNED. .{P <<_,,, / ( c. Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 . Jones Intercable v. City of Chula Vista. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) , Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION October 2, 1997 TO: The Honorable Mayor and City Council John D. Goss, City Manager~ City Council Meeting of ~ber 7, 1997 FROM: SUBJECT: This will transmit the agenda and related materials for city Council meeting of Tuesday, October 7, 1997. regarding the Written Communications are as follows: the regular Comments Sa. This is a letter from the Assistant City Attorney stating that to the best of her knowledge from observance of actions taken in Closed Session on 9/23/97 in which the Assistant City Attorney participated, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~ ~ f.? ~-~ -- - ~- ~~~;E " OlY OF CHUlA VISTA OFFICE OF THE CITY ATIORNEY Date: September 24, 1997 To: From: The Honorable Mayor and City Council Ann Y. Moore, Assistant city AttorneyU~' Re: Report Regarding Actions Taken in Closed Session for the Meeting of 9/23/97 The City Council met in Closed Session to discuss Conference with Real Property Negotiator and labor negotiations. The Assistant City Attorney hereby reports to the best of her knowledge from observance of actions taken in the Closed Session in which the Assistant City Attorney participated, that there were no actions taken in the Closed Session of 9/23/97 which are required under the Brown Act to be reported. AYM: 19k C:\lt\clossed.no ~~/ 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 '# PosI.cawnerAllqdaOp.. ~ ;-..{j sP<<' ~~~ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDI~~~ECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE/~ INCLUDE NORMAN PARK SENIOR CENTER IN THE DESIGNAT~RECREATION FACILITIES WHICH ALLOW THE SERVING OF AL~4C BEVERAGES The City Council of the City of Chula vista does hereby ordain as follows: ORDINANCE NO. c? 7/J SECTION I: That Section 2.66.040 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.66.040 Sale or serving of alcoholic beverages in recreation buildings prohibited. A. Except as authorized in Section 2.66.040(B) I it is unlawful to sell or serve any alcoholic beverage at any recreation center. B. Alcoholic beverages may be served pursuant to a special permit issued by the director of parks and recreation at the following recreation centers: Norman Park Senior Center. Chula Vista Women's Club and Rohr Manor. SECTION II: This ordinance shall take effect and be in full force on thirtieth day from and after its adoption. Presented by Approved as to form by M Jess Valenzuela, Director of Parks, Recreation and Open Space Kaheny, rney c: \or\266040 ~t'-/ COUNCIL AGENDA STATEMENT Item Meeting Date October 7. 1997 7 ITEM TITLE: /;(7'67 Resolution Appointing Stone & Youngberg and Merrill Lynch as the Underwriting Team to Market the Bonds for Assessment District 97-2 REVIEWED BY: /1 Director of Finance k / J /" C\/\ City Manager0~ 'U ~ \(4/5ths Vote: Yes _No~) SUBMITTED BY: SUMMARY: On August 12. 1997, the Council directed the Finance Director to conduct a competitive process to select an Underwriter(s) to assist in structuring the transaction !l and to market the bonds for Assessment District 97-2. A Request for Proposals was it sent to thirteen underwriting firms, with seven responses received (Attachment I).~ ~ Stone & Youngberg and Merrill Lynch proposed as a team and are considered the best ~ qualified to economically and efficiently structure and market the bonds. ~ ~ RECOMMENDATION: That council adopt the resolution appointing Stone & Youngberg and Merrill Lynch as the underwriting team to market the bonds for Assessment District 97-2. DISCUSSION: On May 20, 1997, in response to a request from Village Development for expedited treatment, Council waived the competitive selection process and appointed the Assessment Engineer, Bond Counsel, and Financial Consultant for proposed Assessment District 97-2 (Resolution #18674 attached). On June 17, 1997, Council adopted Resolutions 18679-82 making further required findings regarding the proposed District and approving the reimbursement agreement with the developer. Finally, on August 12, 1997, the Council directed the Finance Director to conduct a competitive process to select an Underwriter(s) in order that the bonds for Assessment District 97-2 might be priced on a negotiated basis (Resolution #18756 attached). ?-) Page 2. Item Meeting Date 10/07/97 A Request for Proposals was sent to thirteen underwriting firms, with seven responses received (Attachment I). The proposals were reviewed by the Director of Finance and the District's Financial Advisor, Kadie-Jensen, Johnson & Bodnar. Both reviewers ranked the team of Stone & Youngberg and Merrill Lynch as the most capable based on the following criteria as listed in the Request of Proposals. * Experience of the Firm indicated by the number and type of Assessment District Bond Issues senior managed during the last three years. * Experience of the personnel to be involved in the transaction indicated by the number and type of issues managed during the last three years. * Demonstrated understanding of the project indicated by the marketing strategy included in the proposal. * Demonstrated distribution capabilities of the firm indicated by the proposed marketing strategy, number and type of sales offices, market focus, etc. Stone & Youngberg has underwritten more California assessment district bonds than all other firms combined, including a number of the outstanding City of Chula Vista issues such as the Auto Park and Eastlake Greens, Phases I and II. Merrill Lynch brings the industry's most expansive retail distribution network to the transaction, insuring that the City and the developer will benefit from their structuring expertise and the lowest possible interest rates. An additional advantage to this team is that the lead banker who will be the day-to-day contact during the course of this transaction is based locally in San Diego. Representatives of the developer have also offered verbal concurrence with this selection. It was communicated in the August agenda item that it was expected that the underwriting fees would be limited to no more two percent of the par value of the bond issue. Stone & Youngberg and Merrill Lynch have tentatively agreed to underwriting fees of two percent, contingent on the transaction being accomplished in accordance with existing City policies regarding value to lien ratio, etc. If existing City policy is waived or relaxed, they have requested the option to increase their fees to a more reasonable level based on the additional effort that would be involved in marketing the less desirable bonds. Staff feels that this is reasonable and would return to Council for approval of any such increase. 7-2 Page 3. Item Meeting Date 10/07/97 FISCAL IMPACT: Approval of the resolution will have no fiscal impact on any City Funds. Assuming the par value of the Assessment District Bonds amounts to $15 million, then the underwriting fees would be 2 percent of that amount, or $300,000. These costs, along with all other costs of issuance will be paid from the debt proceeds. 7'3 RESOLUTION NO. /1578'7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING STONE & YOUNGBERG AND MERRILL LYNCH AS THE UNDERWRITING TEAM TO MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 WHEREAS, on August 12, 1997, the Council directed the Finance Director to conduct a competitive process to select an Underwriter(s) to assist in structuring the transaction and to market the bonds for Assessment District 97-2; and WHEREAS, a Request for Proposals was sent to thirteen firms, with seven responses received; and WHEREAS, the proposals were reviewed by the Director of Finance and the District's Financial Advisor, Kadie-Jensen, Johnson & Bodnar; and WHEREAS, both reviewers ranked the team of Stone & Youngberg and Marrill Lynch as the best qualified to economically and efficiently structure and market the bonds. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby appoint Stone & Youngberg and Merrill Lynch as the underwriting team to market the bonds for Assessment District 97-2. Presented by Approved as to form by ....-~ C I Robert A. Powell, Director of Finance ~ , C:\rs\stone.97.2 7-1 Attachment I ASSESSMENT DISTRICT 97-2 FIRMS SUBMITTING PROPOSALS FOR UNDERWRITING SERVICES M. L. STERN MILLER & SCHROEDER O'CONNER PAINE WEBBER/GEORGE K. BAUM STONE & YOUNGBERG/MERRILL LYNCH SUTRO & CO./PRUDENTIAL WED BUSH MORGAN 7-5 ~ESOLUTION t~O. 18674 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VILLAGE DEVELOPMENT, L.L.C. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE COST AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC FINANCING DISTRICT FOR CERTAIN IMPROVEMENTS SERVING THE OTAY RANCH VILLAGE ONE, WAIVING CONSULTANT SELECTION PROCESS AND GUIDELINES, AND APPROVING AGREEMENTS WITH BERRYMAN & HENIGAR; BROWN DIVEN & HENTSCHKE; AND KADIE-JENSEN, JOHNSON & BODNAR FOR SERVICES ASSOCIATED WITH SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS . WHEREAS, pursuant tothe"Municipallmprovement Act of 1913", Village Development has requested the City to initiate proceedings to form an assessment district for the acquisition or construction of public facilities associated with Village One of the Otay Ranch; and WHEREAS, Village Development has also signed an agreement providing for the advance of funds to pay for all initial consulting, City administration, and appraisal expenses related to the formation of said district, subject to reimbursement from bond proceeds; and WHEREAS, on April 9, 1997, Village Development'submitted'o letter to the City requesting expedition of the proceedings in order to have the Resolution of Intention approved by the Council as soon as possible; and WHEREAS, the developer IS requesting that the City waive the formal consultant selection procedure and proceeding to hire t~e following "assessment.team" to implement the district formation proceedings in accordance with the Municipal Improvement Act of 1 913 and the Bond Act of 1 91 5: . City of Chula Vista Berryman & Henigar Brown, Diven & Hentschke Kadie-Jensen, Johnson & Bodnar Project Manager Assessment Engineer Bond Counsel Financial Consultant WHEREAS, staff has reviewed said request and considers that the immediate retention of these consultants is essential to successfully forming the district if the time constraints expressed by the developer are to be met; and WHEREAS, Municipal Code Section 2.56.070 authorizes the City Council to waive the normal consultant retention process when such process is impractical and the developer has requested that based on the time constraints imposed on the developer that the Council waive the selection process; and WHEREAS, to the extent that waiving the process could result in the remote possibility of a legal challenge, the City Attorney has suggested that as a condition of waiving the. selection process that the developer aJJ!ee to indemnify the City for its action. '/-? ;2solu:IJ:"j i 2674 Page 2 NOW, THEREi'.JCi:::, 5::: IT R:::SOL VED ;he City Council of the City of Chula Vista does hereby approve a Reimbursement Agreement between the City of Chula .vista and Village Development, L.L.C. for all initial consulting and admin(strative cost and expenses associated with forming a public. financing district for certain improvements serving the Otay Ranch Village One, waiving consultant selection process and guidelines, and approving agreements with Berryman & Henigar; Brown Diven & Hentschke; and Kadie-Jensen, Johnson & Bodnar for services associated with said district. Said agreements to be placed on file in the City Clerk's Office to be known as Document Nos. as follows: Reimbursement Agreement Berryman & Henigar Brown Diven & Hentschke Kadie-Jensen, Johnson & Bodnar C097-054 C097-055 C097-056 C097-057 BE IT FURTHER RESOLVED that the Mayor agreements on behalf of the City of Chula Vista. is hereby authorized to execute said Presented by Approved as to form by ~~~;dwa~-v 2oY-)ohrtiv'Lippin ) Public Works Director 7-? Resolution 18674 ?age 3 ?ASSED, A??ROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of May, 1997, by the following vote: AYES: Couneilmembers: Moot, Rindone, Salas, and Horton NAYES: Couneilmembers: None ABSENT: Couneilmembers: ?adilla ABSTAIN: Couneilmembers: None .&t~~ S ley Horton, Mayor ATTEST: ~~Jd () ~~ Beverly 4. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18674 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of May, 1997. Executed this 20th day of May, 1997. '&".{~J1:;L1d, 7-~ RESOLUTION NO. 18756 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF FINANCE TO INITIATE A COMPETITIVE PROCESS TO SELECT AN UNDERWRITER(S) TO MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 ON A NEGOTIATED BASIS WHEREAS, at the request of Village Development, the City Council has recently approved the initiation of proceedings under the Municipal Improvement Act of 1913 for the formation of Assessment District 97-2; and WHEREAS, approximately $15 million in Assessment District Bonds are proposed to be issued to provide funding for necessary streets; and WHEREAS, in order to provide maximum protection to the City as well as the potential buyers of the Bonds, it is being recommended that an underwriter or team of underwriters be selected through a competitive process so that the bond issue can be structured and priced on a negotiated basis, as opposed to selling the bonds through a competitive bid process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the Director of Finance to initiate a competitive process to select an underwriter(s) to market the bonds for Assessment District 97-2 on a negotiated basis. Presented by ~ R.6hert Powell Finance Director Approved as to form by . , . , hn M. Kaheny City Attorney 7-r; Resolution 18756 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of August, 1997, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas, and Horton NA YES: Councilmem bers: None ABSENT: Councilmembers: Padilla ABST AIN: Councilmembers: None .dh* ~~aYor ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. . . . . I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18756 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of August, 1997. Executed this 12th day of August, 1997. 7"'/0 COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE 10/7/97 11'73'2'" ITEM TITLE: Resolution Taking a position to support the formation of a County Library Authority for the purpose of placing a quarter of a cent sales tax measure on the ballot and designating the Mayor to act as the City's representative on said Authority ~Q /' C\-~ SUBMITTED BY: Library Director VJ'i ~ \ REVIEWED BY: CityManager~ ~ ~ (4/5thsVote: Yes_NolO During October 1997, the San Diego County Board of Supervisors is scheduled to approve a resolution to create a County-wide Library Authority.(ATIACHMENT A) This Authority will consider placing a quarter of a cent sales tax proposal on the June 2, 1998 ballot. If placed on the ballot and approved by a two-thirds majority, the tax would be in effect for five years, would be dedicated to improvements in library programs, operations and facilities only, and would provide Chula Vista with an estimated $20 million dollars. An identical effort in November of 1996 fell short of voter approval, although more than 59"10 of the voters supported the measure. As proposed, the Library Authority will be similar in form to the previous Authority which sunset after the November 1996 election. RECOMMENDATION: That Council approve the resolution supporting the creation of the Library Authority, and designate the Mayor to serve as the City's representative to the Authority. BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees voted unanimously to request that the City Council support the formation of the County Library Authority (ATTACHMENT B) DISCUSSION Background On June 11, 1996, the City Council approved Resolution 18335 supporting a legislative proposal for a library sales tax (SB 1958-Mello). This bill subsequently stalled in committee. The County then investigated and evaluated alternative means of pursuing such a tax and chose to form a Library Authority for the purpose of placing the proposal on the November 1996 ballot. On August 6, 1996, the City Council approved Resolution 18390, which designated the Mayor to serve as the City's representative to the Library Authority, and authorized a "yes" vote for the placement of the sales tax issue before the voters. (ATI ACHMENT C) In August 1996, the Mayors (or their representatives) of the eighteen independent cities in the County and a member of the Board of Supervisors unanimously voted to place a quarter ofa cent tax measure for libraries on the November 1996 ballot. Although the ballot measure failed to obtain the needed 2/3rds majority county-wide, an impressive 59.1% of the voters cast their vote in favor of the proposal. The yes vote was slightly higher in Chula Vista, where 59.5% of the voters were in favor of the tax. In a number ofChula Vista precincts the number of yes votes exceeded 70%. (J~/ Item -,Page...1...... Meeting Date: 1017/97 Proposed Re-establishment of the Library Authority After the November 1996 election, the Library Authority sunset. The proposal to re-establish a County Library Authority is part of a regional effort to find the means of increasing the resources available to libraries throughout the region. The organization and structure will be identical to that of the 1996 Authority, and created under the terms of the State Revenue and Taxation Code, Section 7285.5. As was described to Council in Item 11 of the August 6, 1996 City Council Agenda, the Authority will be governed by a board of directors consisting of the Mayors of each of the 18 cities in the County plus the Chair of the County Board of Supervisors. The purpose of the authority will be to approve (by a 2/3 vote of the directors) the placement of a sales tax proposal on the June 1998 ballot and will have all the powers set forth in the Revenue and Taxation Code section 7285.5. The proceeds of the sales tax (if approved by the voters) will be distributed directly to each of the eighteen cities in the County, and to the County for the unincorporated area of County, in proportion to the sales tax revenues generated within each city and the unincorporated area of County. As of the end of September, the Encinitas, Escondido, Lemon Grove, National City, Oceanside, Poway and Santee City Councils have approved resolutions in support of the Library Authority. The remaining cities (including San Diego) are scheduled to vote this week or next. FISCAL IMPACT On September 5,1997 SANDAGestimated that Chula Vista would receive $20,01l,750 if the quarter of a cent sales tax for libraries was approved for five years. This estimate is based upon tax collection beginning July 1, 1998 and concluding on June 30, 2003. It is estimated that $399,406,264 would be raised County-wide. The monies could only be used to supplement current public library services provided by the General Fund and not used to supplant current services. A proposed spending plan will be brought to City Council for its approval once the Library Authority has been formally established and the Authority establishes necessary time lines. AllrJelfHc,()TS NOT SCANNED (5~;2- RESOLUTION NO. /~77!T RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TAKING A POSITION TO SUPPORT THE FORMATION OF A COUNTY LIBRARY AUTHORITY FOR THE PURPOSE OF PLACING A QUARTER OF A CENT SALES TAX MEASURE ON THE BALLOT AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE ON SAID AUTHORITY WHEREAS, during October 1997, the San Diego County Board of Supervisors is scheduled to approve a resolution to create a County-wide Library Authority; and WHEREAS, this Authority will consider placing a quarter of a cent sales tax proposal on the June 2, 1998 ballot; and WHEREAS, if placed on the ballot and approved by a two- thirds majority, the tax would be in effect for five years, would be dedicated to improvements in library programs, operations and facilities only, and would provide Chula Vista with an estimated $20 million dollars; and WHEREAS, an identical effort in November of 1996 fell short of voter approval, although more than 59% of the voters supported the measure; and WHEREAS, as proposed, similar in form to the previous November 1996 election; and the Library Authority will be Authority which sunset after the WHEREAS, the Library Board of Trustees voted unanimously to request that the City Council support the formation of the County Library Authority. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby take a position to support the formation of a County Library Authority for the purpose of placing a quarter of a cent sales tax measure on the ballot and designating the Mayor to act as the City's representative on said Authority. Presented by Approved as to form by City A orney David A. Palmer, Library Director C:\rs\library.tax c;r-- :1 ATTACHMENT A (page B-1 ) Library advocates plan new tax vote I Two-thirds approval seen possible with more campaign time -.---. ---- Roger M. Showley STAFF WRITER 22-Sep-1997 Monday A solid majority of county voters endorsed Proposition A last November, a temporary sales tax increase to upgrade more than 75 branch libraries. But the 59 percent "yes" vote fell short of the required 66.7 percent needed for passage. So area mayors, librarians and library mends groups have quietly begun organizing another appeal to voters. Their goal: to win passage of what is being called "Son of Prop. A," a revised tax measure headed for the June 2 countywide ballot. "We proved ourselves last time," said Katie Sullivan, president of Citizens in Action for Local Libraries. "They know the will of the majority is for libraries. " The organization and its related support groups had 89 days to campaign for Proposition A last year, once it was placed on the ballot. That proved too short a time to raise funds and build public support, Sullivan and others said. They hope more time to organize and campaign will generate enough votes for passage this time. Last week, CALL rehired political consultant Nancy Chase to raise funds. The tentative budget totals $629,000, with nearly halffor direct-mail advertising. Members also interviewed two potential campaign consultants. Supervisors set to act The county Board of Supervisors is set to pass a resolution Oct. 7 to reconstitute the San Diego County Library Authority of 19 city and county representatives. Such an authority was created last year to sponsor Proposition A, but it expired when the measure lost. The new authority would have the same power to place a tax measure on the ballot and dictate terms for how the tax proceeds should be spent. Last year's Proposition A called for adding a quarter-percent to the existing 7.75 percent sales tax for five years. The increase would have added 5 cents to a $20 taxable purchase. ~/~ The projected $366.7 million in revenues was to go to the county's 18 cities and unincorporated area in proportion to what they generate in sales taxes annually. The growing economy is expected to boost the library revenues to $412 miUion if the new tax is structured the same way, according to the San Diego Association of Governments. The city of San Diego, which stood to receive half the money, planned to spend one-third on 21 new or rebuilt branches and deposit the remainder into an endowment fund with interest used to upgrade services at all 33 branches. The new main library being planned was not scheduled to receive any funds. Public library systems in Carlsbad, Chula Vista, Coronado, Escondido, National City and Oceanside had similar plans. The county library system, which operates libraries in 11 other cities and numerous unincorporated communities, planned a combination of construction and service improvements. Ballot details not set Marilyn Crouch, director of the county library system who is coordinating the reforming of the library authority, said the organizational structure is probably going to be identical to last year's. But ballot details will be worked out between now and March 6, when the final wording must be submitted to the county registrar of voters. San Diego's Board of Library Commissioners meets at 7:30 a.m. today at the Central Library, 820 ESt., to discuss a possible role in the new library authority. Several commissioners, particularly local author Charles Elster, think the city made a mistake in excluding the main library ITom receiving any of the funds. They think some of the money will be needed to cover overruns in the $89 million project budget. Sales-tax revenues also could be helpful, many library supporters think, in covering the projected 84 percent increase in downtown operational costs. The present 144,600-square-foot Central Library cost $4.4 million this year to run. The proposed 315,000-square-foot new main library could cost up to $3.7 million more, not counting inflation, in its first full year of operations in 2001, according to a city manager report. The San Diego City Council's Public Safety and Neighborhood Services Committee is scheduled to endorse the library authority Wednesday with full council action expected Oct. 6. It is unclear whether the committee also would propose a separate charter amendment, as it did last year, to govern the city's use of the library money. Voters approved the measure, Proposition C, but it did not go into effect when Proposition A lost. Mayor's stance not told 8>5 Mayor Susan Golding, who opposed the library tax last year because of concern over its impact on the local economy, has not said if she would change her mind this time. She is running for the U.S. Senate and would appear on the same ballot as the tax measure. Four of the eight council members face re-election at the same time. Most area mayors or their representatives met last month in National City to begin coordinating the drive for a new tax measure. They promised to seek resolutions of support from their councils. Meanwhile, the San Diego County Public Law Library board is seeking a share of the library tax revenues. The board, which oversees branches in downtown and suburban county courthouse complexes, has so far obtained Lemon Grove's endorsement, according to library director Charles Dyer. Dyer said the law libraries' proposed $23.4 million share is 5.675 percent of the total expected tax take -- the same proportion spent on the law libraries now ftom the total devoted to local public libraries. The money would be used to improve services but not build or replace any of the law libraries operating downtown or in Chula Vista, El Cajon and Vista. Taxpayer group weighs in The San Diego County Taxpayers Association, which opposed Proposition A, has established a committee to propose changes in the authority and tax measure to satisfY the group's concerns about certain procedural details. Polls conducted last year show high support for libraries. But proponents of the library tax realize they will have to improve strategies and work even harder to keep from coming up short again. They also think other June measures, such as state school bonds and the proposed Padres ballpark and San Diego Convention Center expansion, would receive more attention than libraries. Consequently, money is being raised for a San Diego Council on Literacy campaign to increase library awareness. Paul Brencick, council spokesman, said his board endorsed the proposal Sept. 10 and is preparing a memorandum of understanding to make sure the literacy group is not involved with the tax measure. About $425,000 would be spent in two or three years, he said, on advertising and educational outreach to schools and service groups. The council's operating budget is $287,400. A IS-member steering committee is to be created to oversee the new program. "We've made it very clear to everyone involved that we will not be involved with any effort to become a political advocate of any type," Brencick said. "We're more of a neutral agency trying to promote literacy, and libraries are a great way to do that. " or:-~ ATTACHMENT B Library Board of Trustees -2- August 27, 1997 B. Foundation Director Palmer gave a brief overview of this project for the benefit of new Trustee Charett. He reported that both the City Attorney and Finance Director endorsed this endowment. MSUC (ViescaJ Alexander) The Library Board A. Supports the Friends' of the Chula Vista Library's creation of a Designated Fund (DEF) with the San Diego Community Foundation, designating the Chula Vista Library as beneficiary. Supports the concept that dividends ITom this fund are to be disbursed to the Library and are restricted for the acquisition of materials and are to augment the Library funds received from the City ofChula Vista rather than to supplant such funds. Support the creation of identified projects on which to spend these funds and include this documentation in the Library's annual written goals and objectives. Support the proposal that there will be no disbursement of funds to the Chula Vista Public Library until the year 2006 or until the Fund accumulates $250,000. B. Support the fund raising activities to "grow" the endowment, including: 1. The hiring of a consultant to prepare (and perhaps conduct) a capital fund raising campaign funded by the Friends. 2. The transfer of monies ITom the Library Donation Accounts into theDEF. 3. The deposit of all future monetary gifts to the Chula Vista Public Library (over $499) that are not designated for a specific purpose (other than materials acquisitions) into the DEF. C. Reaffirm support for the design and installation of donor recognition plaques at the Civic Center/Main Library funded by the Friends. g--- ? Minutes August 6, 1996 Page 2 ATTACHMENT C 7. RESOLUTION 18386 CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL RUNOFF ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,1996 FOR SEATS 3 AND 4 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE THE SPECIAL MUNICIPAL RUNOFF ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE - The Resolution before Council is for the purpose of calling a Special Municipal Runoff Election to be held on Tuesday, 11/5/96. Staff recommends approval of the resolution. (City Clerk) 8. RESOLUTION 18387 APPROVING THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE PROVISION OF F1RE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE OTAY AND OTAY ANNEX LANDFILLS - On 7/1/96, the Local Agency Formation Commission (LAFCO) approved a reorganization which included the detachment of approximately 265 acres generally known as the Otay Landfill from the City boundaries. At the time of that decision, LAFCO also approved a condition that the City of Chula Vista and the County would enter into an agreement whereby Chula Vista would continue to provide fire protection and emergency medical services (EMS) for the Otay Landfill for the term of the operation of the landfill. Staff recommends approval of the resolution. (Fire Chief) 9'.. RESOLUTION 18388 ACCEPTING CALIFORNIA DEPARTMENT OF EDUCATION ADULT BASIC EDUCATION SECITON 321 CARRYOVER GRANT FUNDS, WHICH AUGMENT A 1995/96 GRANT AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1996/97 BUDGET - Due to an unexpected carryover of prior year unspent funds, the California Department of Education has augmented the Lihrary's Literacy Team Center's grant by $4,172 and extended the grant period from 6/30/96 to 9/30/96. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 111. RESOLUTION 18389 ACu:YIING CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES ACT, FAMlTIF.~ FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1996/97 BUDGET TO INCLUDE.73 FTE POSITIONS - The Chula Vista Literacy Team has been awarded a CalifomiaLibrary Services Act, Families for Literacy grant from the California State Library to develop and offer special family literacy services to adult learners and their young children. This is the sixth year that the Literacy Team has been awarded this grant. Staff recollllI'....nc approval of the resolution. (Library Director) 4/5th's vote required. It. RESOLUTION 18390 DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE ON THE SAN DIEGO COUNTY REGIONAL LIBRARY AUTHORITY'S BOARD OF DIRECTORS AND AUTHORIZING A "YES" VOTE FOR THE PLACEMENT OF THE SALES TAX ISSUE BEFORE THE VOTERS ON THE NOVEMBER BALLOT - On 7/23/96, the County Board of Supervisors voted lIII8IIimously to form a Library Authority for the purposes of placing a 1/4 cent library sales tax proposal on the November ballot. This tax would be in effect for five years, and within Chula Vista, it is projected to raise approximately $15-$19 million. This resolution would formally commit the City to participate in that Library Authority and authorize a .yes" vote on the placement of Authority's sales tax measure on the ballot. Staff recommends approval of the resolution. (Library Director and Principal Management Assistant Young) 12.A. RESOLUTION 18391 ACCEPTING $250,000 IN GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION (CEq, AUTHORIZING THE MAYOR TO EXECUTE CEC CONTRACT FOR $250,000 IN GRANT FUNDING, AND APPROPRIATING BUDGET FOR FUNDS THEREFOR - In November 1995, the Governor approved legislation to provide a local company in the BECA incuhator funds technology for research and development. The funds were specifically legislated for the sole purpose of sponsoring ()>~ ~~ .-:P~ i' ROBERT SCOTT DREHER ALYCE MAURICIO DREHER It.! 4985 Ruette de Mer San Diego, California 92130 Telephone 619-350-7520 DC I: -11 L ---, ..---.-. I October 2, 1997 The Honorable Shirley Horton, Mayor City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910-2631 Re: County Law Library Inclusion in a Proposed Regional Library Authority Dear Mayor Horton: A county-wide regional library authority will soon be proposed to seek new funding for the public libraries in San Diego County. Ultimately, this authority would present a ballot measure for a sales tax, similar to Proposition A, on the November 1996 ballot. The County Law Library should be a part of this regional authority, and I ask for your help and support. The County Law Library was created as a special district government under California Business and Professions Code sections 6300, et seq., with its operating funds coming primarily from a portion of civil court filing fees. While always open to the public, for many years the library served mostly attorneys. However, two dramatic changes have occurred in the last ten years: First, the number of non-lawyer citizens using the library has increased so much they now consume the large majority of the library's resources. Second, the State government has begun to use the civil filing fees to finance a greater portion of court services, thus diminishing the library's income from those fees. At its four locations in San Diego, Vista, El Cajon and Chula Vista, the County Law Library directly serves 100,000 of these non-lawyer citizens each year, and another 38,000 by telephone. They ask 85 percent of reference questions. Their average stay at the library is about 2 hours, much longer than at general public libraries A large portion of the library's operating budget is for personnel, reflecting the high cost of the reference expertise needed. In fact, general public libraries often refer users with legal questions to the County Law Library. Experience shows that citizens who represent themselves in court must be well informed and well prepared; otherwise, they present their cases badly and slowly and clog up the system. Government is currently limiting funds for groups which provide the legal assistance to citizens in need of such help, including single mothers and battered women. Because this forces people to represent themselves, we must have a library system adequate to enable people to do so. Including the law libraries in the system will help. S\::~ ~ Robert Scott Dreher Enclosures c.<:. Ctl,id (2tlrne( Why should the County Public Law Library join the county-wide library authority proposal? Philosophical b.~sis for participation: . The County Public Law Library relieves the other public libraries from having to maintain the in-depth legal collection and legal reference expertise found at the County Law Public Library. . Knnwledge of the law should be readily and easily available to the citizens in a democracv. An individual must be able to learn his legal rights and obligations and the government's procedure for settling legal disputes. Otherwise, the rule of law becomes the rule of a favored few. . The people must finance their own government, including that portion responsible for making legal knowledge accessible to all. A public vote provides the people an opportunity to choose the level of legal information services they prefer. In a county with so many citizens who have served in the armed forces, this lesser, but still necessary, cost of democracy would make good sense. Political basis for participation: . The County Public Law Library can bring in a new group of supporters. Attorneys and bar associations are very influential. Also, many citizens remember the Law Library fondly because they were helped during times of crisis. . Among regular citizens, the highest user groups are middle-income adults ($25.000-$74,000 annual household income) and poor adults (income less than $15,000). Adults aged 18-44 are the highest users, and adults over 65 are the lowest. These demographics s~lggest that an appeal for the County Law Library may resonate with some people who might not favor general public libraries. . The County Public Law Library's avid supporters are generally wealthier than the average population, so the possibility of generous contributions to the campaign exists. Uses of assessment funds for the County Public Law Library: . The Law Library Board of Trustees advocates that funds be used for the benefit of the community from which they come. A list of suggested uses for each tax jurisdiction has been made. . The suggested uses emphasize services and book/information purchases over the Law Library's capital needs. . The County Public Law Library serves the whole of San Diego County equally; so the Law Library Board of Trustees advocates that all tax jurisdictions contribute the same percentage of revenues. The Law Library Board of Trustees suggests to the Regional Library Authority 5.675 percent, which is the Law Library's present percentage of the total of public library operating budgets in the county. 'The Unique Value of Public Law Libraries Law is a human activity primarily based on the written word. Unlike many other prpfessionals, lawyers and judges represent most of their work in written words. Unlike medicine, dentistry, school teaching, and architecture, for instance, practiced manual dexterity and graphical ability are not significant in the practice of law. Despite the presentations on television, courtroom battles are usually quite dull, and the winners are those who study the law harder, rather than those who are the more skilled actors. When compared to the humanities, law is the one discipline that most resembles literature, in that the written word is primary. Other disciplines and their professions have elements of the other cultural arts, with graphic, color, and motion elements to them. And, like literature, the number of publications in law is vastly larger than in the other disciplines. The system of following legal precedent in the United States requires written appellate case opinions. The work of our legislatures must be written down into statutes. Otherwise, people could not find them and conduct their lives accordingly. Furthermore, the law governing a particular situation can vary from one jurisdiction to the next. So, unlike medicine and other disciplines based on scientific discovery, the discipline of law operates in many different "universes." One could think of 51 universes in the U.s.A. alone, one for each state, and then the federal jurisdiction. But even that is too simplistic. The County of San Diego government and the eighteen cities have their own ordinances as well, not to mention special district governments. Often a researcher's needs can be filled only by one or a few particular titles which have information for the jurisdiction in question. Another book on the same subject will not do. Thus, the law can appear dauntingly complicated to the novice researcher. Yet, in the United States, citizens make legal decisions for themselves all the time. Filing taxes, writing contracts, and requesting building permits require legal knowledge without even getting close to court. The San Diego County Public Law Library is the only public information center in the county that has, for instance, all the other states' income tax forms, a significant need with our large military population. Small claims litigation, small crimes defense (including traffic tickets), and self-representation on larger civil matters are also quite common. In 72 percent of the divorces filed in San Diego County, neither side is represented by an attorney. Beyond that, even those who use an attorney often want to read about the law as it affects them. 1 So, while all subjects certainly have their place in the library, and some law materials ought to be available in any public library;public law libraries are a logical pattern for handling the needs of the populace for that particular type of literature and reference services in a concentrated way. Otherwise, the costly book collections and reference expertise would have to be duplicated several times, or the citizenry would have to fend for themselves, receiving less justice in the process. Manv states do not recognize this basic fact. In fact, on the East Coast, large city libraries ha"e to carry the weight because they do not have a separately developed public law library system, such as exists in most Western states. Complex legal materials at East Coast public libraries are often badly managed and reference service is uneven. Lawyers use bar association or membership libraries that charge ordinary citizens to use their facilities (at $10 to $25 per day), or do not allow them in at all. Lawyers, of course, add the dues they pay for those libraries, often as much as $250 to $400 per year, into their client billings. Counting each day, thirty percent of those visiting the San Diego County Public Law Library's r;,lain Library are citizens representing themselves, At the three branches in the regional courthouses, that figure jumps to 55-70 percent. They stay longer while at the Library, usually for two to four hours. They ask 85 percent of the reference questions. Since they make repeat visits less often, the number of pro per litigants served in a year is much greater than the total number of other types of visitors (attorneys, librarians, runners, government officials, students, for instance). Each year, the County Public Law Library, at its four locations, serves over 100,000 people representing themselves, and another 38,000 reference phone calls from such folks, The Library also serves 40,000 students a year. Public law libraries are a good idea, and the San Diego County Public Law Library takes pride in providing a valuable service to the citizens of the county. 2 -I;C~ -*~ NEIL, DYMOTT, PERKINS, BROWN & FRANK " PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1010 SECOND AVENUE, SUITE 2500 SAN DIEGO, CALIFORNIA 92101-4959 TELEPHONE (619) 238.1712 FAX (519) 238-1562 WRITER'S DIRECT DIAL NUMBER (619) 238-2240 October I, 1997 The Honorable Shirley Horton, Mayor City of Chula vista 276 Fourth Avenue Chula Vista, California 91910-2631 Re: support for Including the county Law Library in the Proposed Regional Library Authority ---------------------------------------------------- Dear Mayor Horton: A regional library authority is about to be proposed, which will place another sales tax measure, similar to November 1996's Prop A, on the June 1998 ballot. You will soon be considering whether to include the San Diego County Law Library as one of the pUblic libraries that will benefit from these funds. I wish to add my voice to the rest who see this as a good idea. The County Law Library relieves the other public libraries from having the burden of keeping a large legal collection and maintaining legal reference experts. Over 100,000 non-lawyers come to the County Law Library each year for help with their own legal matters, and another 38,000 are served by phone. citizens filing or defending their own lawsuits must be knowledgeable about law and legal procedure in order to aid the efficiency of the courts and lower public expense. The County Law Library also aids the practicing bar, thereby lowering the cost of their legal services. Attorneys in public service, the jUdiciary, and government officials also use the County Law Library, thus saving public funds. Presently, the County Law Library's operations are supported primarily by a portion of civil court filing fees, and secondarily by fees for library cards, paid mostly by attorneys. with the substantial increase in civil court filing fees by the State in order to support the courts, the County Law Library is losing its NEIL. DYMOTT, PERKINS, BROWN & FRANK Re: Proposed County Library Authority October 1, 1997 Page Two --------------------------- traditional method of support and needs a good endowment to set it back on course. Also, the County government has not been able to support the Law Library's capital needs adequately. New or improved facilities are needed in downtown San Diego, El Cajon, and Kearney Mesa right now. The people must finance their own government, including that portion responsible for making legal knowledge accessible to all, and a public vote provides the people an opportunity to choose the level of legal information services they prefer. Very truly yours, NEIL, DYMOTT, PERKINS, BROWN & FRANK 7$~~; Michael I. Neil MINjkm ()/, LU,,)<'J 1"IILUli,~, " COUNCIL AGENDA STATEMENT Item: Meeting Date: 10/07/97 9 ITEM TITLE: Resolution //578'"9 Amending the FY 1997/98 Budget to Appropriate $17,492 for the Middle School Program from the General Fund Reserve; and Adding a 0.75 FTE Youth Coordinator (Unclassified) to Supervise the Program; and Adding 0.48 FTE Part-time Hourly Recreation Leader to Staff the Program; and to Appropriate $24,492 to 100-1562 from unanticipated revenue of $24,492 from Sweetwater High School District for the Middle School Program (1 . SUBMITTED BY: Director of Parks, Recreat~ Open Spac~ REVIEWED BY: City Manager~Gj ~ ~ \ (4/5ths Vote: Yes ~ No _ ) BACKGROUND: At the budget workshop of June 2, 1997, during the consideration of the Parks, Recreation and Open Space FY 97/98 budget, Council heard a proposal for a Middle School Program from the Principal of the Chula Vista Middle School. Staff subsequently prepared a Budget Supplemental Report discussing the content of a middle school program (Attachment "A"). This report discusses a proposal for the City of Chula Vista, in conjunction with funds already approved by the Sweetwater Union High School District (SUHSD), to fund and implement an after-school program at each of the four middle schools in the City. Staffing required for the program would consist of a 0.75 FTE Youth Coordinator (Unclassified) and 0.96 FTE part-time hourly Recreation Leaders. A 0.48 FTE part-time hourly Recreation Leader has already been budgeted in FY 97/98 for the pilot after-school program at Chula Vista Junior High School (approved by Council during the budget process). The addition of a 0.75 FTE Youth Coordinator is required to supervise the new program. The addition of 0.48 FTE part-time hourly Recreation Leader is required to expand the program to the remaining three middle schools. STAFF RECOMMENDATION: That the City Council: 1. Amend the FY 97/98 budget and appropriate $17,492 from the General Fund Reserve to the Middle School Program (100-1562); 2. Appropriate $24,492 to 100-1562 from unanticipated revenue of $24,492 from Sweetwater High School District for the Middle School Program; and 3. Authorize the addition of a 0.75 FTE Youth Coordinator (Unclassified) in the Parks, Recreation and Open Space Department to serve as the supervisor responsible for the Middle School Program; and [h:\home\parksrec\A113\ - midschl3.A13] 1 9-/ Item: Meeting Date:l0/07/97 4. Authorize the addition of 0.48 FTE part-time hourly Recreation Leader in the Parks, Recreation and Open Space Department to staff two people per site for the Middle School Program. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: Over the past five years, there has been a growing focus on a national and local level in preventing delinquency within the adolescent population. Previous prevention efforts have focused on the high school age youngster. However, social research has revealed that prevention programs, in order to be effective on a broader level, should be targeted at younger age groups. Specifically, the Carnegie Foundation report identified the need to establish more elementary and junior high prevention programs. This prevention approach is supported by most recent data collected from our 1997 Youth Summit. A common theme expressed by youth at the 1997 Youth Summit was the need for a "safe" place to hang out, and for increased after-school activities at middle schools. This has also been an ongoing interest of the City of Chula Vista, the School District and the Principals at each of the Middle Schools. At the June 2 City Council budget workshop, the Chula Vista Junior High School Principal, Karen Janey, requested funding for a "pilot" program at the school. Council supported the pilot program and directed staff to: 1. Invite the Sweetwater Union High School District to participate financially in an after-school program at the four Middle Schools on an equal share basis in costs; 2. Budget $7,000 for the matching half of the program costs for the pilot after-school program at Chula Vista Junior High School; and 3. Return to Council with a request for budget funds should the School District provide matching funds for an after-school program at all four middle schools. Staff has proceeded with this direction and in a letter dated July 3, 1997, the City invited the Sweetwater Union High School District to consider a partnership with the City in funding these programs. In addition to the pilot program at Chula Vista Junior High School, the Board supported programming at other three Middle Schools two days a week. The Board voted by a 4 to I vote to support such a partnership in the amount of $24,491.50 (Attachment "B"). For a review of how the Middle School Program is being developed, the following discussion describes the pilot program at Chula Vista Junior High School. Pilot Program at Chula Vista Junior High School The proposed funding for this effort was $14,000 ($7,000 City [already appropriated] - $7,000 from School District). No additional City funds are needed for this portion of the program. The Pilot Program discussed at the June 2nd Council budget workshop consisted of: [h:\home\parksrec\AI13\ - midschl3.A13] 2 9- ;L. Item: Meeting Date:l0/07/97 . 2 Leaders/S days a week/38 weeks . 2 Leaders/5 days a week/lO weeks in summer . Recreational programming/supplies/equipment · Recreation Specialist/supervisioni5 hrs. a week A budget supplemental (Attachment "A") was presented for the June 2nd Council budget workshop. The budget supplemental contains several proposals for costing a Middle School Program. The following Middle School Program scenario is based on the costs of a program which would match the funds appropriated by the School District. Middle School Program with Part-Time Emplovee for Supervision The proposed funding for this option is $48,984 ($24,492 City [$7,000 already appropriated] and $24,492 from School District). Seventeen thousand, four hundred-ninety two dollars ($17,492) would be appropriated for the City's share. The program includes Pilot Program discussed above, plus the following for Bonita Vista Middle School, Castle Park Middle School, and Hilltop Middle School: . Youth Coordinator (.75 FTE part-time - Unclassified) . Two Leaders/2 days a week/40 weeks/3 sites The program is proposed to be a drop-in program with two Recreation Leaders at each site, and coordination and supervision by a 0.75 FTE Youth Coordinator (Unclassified). The Youth Coordinator would replace the proposed Recreation Specialist contemplated in the preliminary budget for the Pilot Program. 1. Chula Vista - Drop In Recreation Program 2. Bonita Vista - Drop In Recreation Program 3. Castle Park - Drop In Recreation Program 4. Hilltop - Drop In Recreation Program 2 hr. per day 2 hr. per day 2 hr. per day 2 hr. per day 5 days per week 2 days per week 2 days per week 2 days per week .48 FTE .16 FTE .16 FTE .16 FTE A survey will be conducted at each school to determine activities desired by the students at that specific school. Activities will be planned and implemented based on the students' requests. Recreation programming would include, but not be limited to, Intramural Sports, Art, Drama, Special Interest Classes, Special Events, and Field Trips. Need for Full-Time Benefitted Position for Program: The success of the elementary after-school playground program has been, in part, that it is supervised by a full-time benefitted employee. Although the Middle School Program described in this report is a good beginning and will provide the core structure to debut the program; a full-time Recreation Supervisor I (Youth Coordinator) position will be needed for the coordination between the School District, the individual schools, and the City of Chula Vista. This coordination will be extensive and must be done with a sensitivity to all partners. In previous years, the Department has had high calibre part-time employees who have worked in the Youth ACTION Program for one year, been trained, and are successful; but leave the City for permanent employment opportunities with benefits. [h:\home\parksrec\Al13\ ~ midschl3.A13] 3 9-3 Item: Meeting Date:l0/07/97 FISCAL IMPACT: The City has already appropriated $7,000 of the proposed pilot program at ChuIa Vista Junior High School. SUHSD approved an amount of $24,491.50. This leaves $17,492 as the remainder of the City of Chula Vista's funding requirements of the program. (Program budgets are Attachment "C".) It should be noted that the funding required in FY 97/98 is based on the program commencing in October. Full year funding, based on viability and success of the program, will be requested for FY 98/99. In addition, staff will be requesting additional funds for FY 98/99 for the upgrade of the 0.75 FTE Youth Coordinator (Unclassified) to a full-time benefitted 1.0 FTE Recreation Supervisor 1. Staff recommends that the employee responsible for the new Middle School Program be a full-time benefitted position because it would ensure continuity in management of the program for an extended period of time. Attachments: "An _ FY 97/98 Supplemental Budget Report dated June 4, 1997 Sweetwater Union High School Appropriation Resolution . _~~ Middle School Budget C~> . ~O'\ ':I nB!! _ "C" - [h:\home\parksrec\A113\ - midsch13.A13] 4 9-tj RESOLUTION NO. /?r?:r;l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1997/98 BUDGET TO APPROPRIATE $17,492 FOR THE MIDDLE SCHOOL PROGRAM FROM THE GENERAL FUND RESERVE; AND ADDING A 0.75 FULL-TIME EQUIVALENT YOUTH COORDINATOR (UNCLASSIFIED) TO SUPERVISE THE PROGRAM; AND ADDING 0.48 FTE PART-TIME HOURLY RECREATION LEADER TO STAFF THE PROGRAM; AND TO APPROPRIATE $24,492 TO 100-1562 FROM UNANTICIPATED REVENUE OF $24,492 FROM SWEETWATER HIGH SCHOOL DISTRICT FOR THE MIDDLE SCHOOL PROGRAM WHEREAS, at the budget workshop of June 2, 1997, during the consideration of the Parks, Recreation and Open Space FY 97/98 budget, Council heard a proposal for a Middle School Program from the Principal of the Chula Vista Middle School and staff subsequently prepared a Budget Supplemental Report discussing the content of a middle school program; and WHEREAS, staff is recommending a proposal for the City of Chula Vista to fund a middle school program, in conjunction with funds already approved by the Sweetwater Union High School District, to implement an after-school program at each of the four Middle Schools in the City; and WHEREAS, staffing required for the program would consist of a 0.75 FTE Youth Coordinator (Unclassified) and 0.96 FTE part- time hourly Recreation Leaders; and WHEREAS, a 0.48 FTE part-time hourly Recreation Leader has already been budgeted in FY 97/98 for the pilot after-school program at Chula vista Junior High School (approved by Council during the budget process); and WHEREAS, the addition of a 0.75 Youth Coordinator is required to staff the new program and supplement existing youth-at- risk activities and the addition of 0.48 FTE part-time hourly Recreation Leader is required to expand the program to the remaining three middle schools. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 1997/98 budget to appropriate $17,492 from the General Fund Reserve to the Middle School Program (100-1562). 1 9r~ BE IT FURTHER RESOLVED that the City Council does hereby appropriate $24,492 to 100-1562 from unanticipated revenue of $24,492 from Sweetwater High School District for the Middle School Program. BE IT FURTHER RESOLVED that the city Council does hereby authorize the addition of a 0.75 FTE Youth coordinator (Unclassified) in the Parks, Recreation and Open Space Department to serve as the supervisor responsible for the Middle School Program and other youth-at-risk activities. BE IT FURTHER RESOLVED that the city Council does hereby authorize the addition of a 0.48 FTE part-time hourly Recreation Leader in the Parks, Recreation and Open Space Department to staff the Program. Presented by Approved as to form by Jess Valenzuela, Director of Parks, Recreation and Open Space ~ Kaheny, City c: \ rs\midschol 2 9-~ COUNCIL AGENDA STATEMENT Item Iv Meeting Date 10/7/97 TITLE: Report regarding a meeting Chula vista's repre~e tative to Wastewater commission Assistant City Manager ~ (4/sths Vote: Yes___ stipend for the Metro SUBMITTED BY: REVIEWED BY: city Manager No--1L) At its August 22, 1997 meeting, the Metro Commission received a verbal report from staff recommending that elected Metro commission representatives' receive a stipend of $125 per meeting with each member eligible for payment for a maximum of two meetings per month, and the Chair, currently poway Mayor Jay Goldby, eligible for a maximum of 4 meetings per month. The Metro Commission approved the per diem reimbursement effective 9/1/97 with the County of San Diego and the City of Chula vista abstaining. This matter is being submitted to the Chula vista city Council for action and direction to its Metro Commission representative. RECOMMENDATION: That the City Council receive and consider this report. BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND: At the 7/11/97 meeting of the Metro Commission, Mr. Ralph Inzunza, National City's representative, requested consideration of a stipend to commission members. The matter was referred to the attorneys of the AFFORD group for a report back (7/11/97 minutes attached) . At its 8/22/97 meeting, the Metro Commission received a verbal report from the AFFORD group's legal representative, Mr. Michael Cowett, Esq., Best, Best and Krieger, regarding the meeting stipend (8/22/97 minutes attached). Mr. Cowett recommended that a stipend of $125 per meeting for the elected representatives to the Metro Commission, with a maximum of two meetings per month for members and four meetings per month for the Chair, be approved. A meeting was defined as any meeting, subcommittee meeting, or other meeting requested or approved by the Metro Board. Funding for said stipend would be paid from the individual agencies' sewer funds. The proposal was approved by the Metro Commission and became effective 9/1/97. The City of Chula vista and the County of San Diego representatives abstained from this vote and indicated that they were not to receive the stipend. Chula vista's abstention was subject to submitting this proposal to the Chula vista City Council for review and direction. According to County staff, the County 'In some instances, the Metro commission representative or alternate is a staff member and is not eligible for the stipend. /?J~J Meeting Date 10/7/97 Page 2 by policy does not pay its elected officials stipends to attend meetings. Subsequent to the vote by the Metro Commission, the Padre Dam Municipal Water District is reconsidering approval of the stipend based on existing approval of up to 10 meetings per month for their elected representatives. FISCAL IMPACT: It is anticipated that the Metro Commission will meet approximately 10-12 times per year. The cost to the City's Sewer Fund would range from $1,250 to $1,500 per year. Staff has sufficient funds budgeted in the Sewer Service Revenue Fund 225-2250 to cover these costs. Attachments: Roster of the Metro Commission Members/Alternates 7/11/97 minutes of the Metro commission Meeting 8/22/97 minutes of the Metro Commission Meeting s5> '?:JC" ~o'\ H:\HOMEIADMI NISID\METRO$.A 13 JtJ--ol ...... (j) -. se CX) E - en >- 0(1) 0)<1> 0) .- CO o~ r::: CO 3: (1) -(1) o r::: >-ro -~ Uo a. o ~ - ~ en > :;:::; ro - r::: en ~ a. a::: r::: .Q en .5!1 E o E ~ 0 o o ~ - ~ ~ en ~ > :;:::; CO - r::: en ~ a. a::: - ro r::: ~ - <( > :;:::; ro - r::: en ~ C. a::: a. '(3 r::: .;:: 0... c: o E en o 0... ~ 0) CO r::: ~ ro aJ ~O) >-ro _ r::: .- ro O~ -'>- ~:!::: <(0 E ro z en en ._ en ~ 0 00 ~ r::: "O.c. .- 0 (1), ...-N r::: o :;:::; 'w o 0... ~ o >- ro ~ E ro Z r::: o t o :I: >- ;:: .c. (1) j ro - en :> ro :J .c. o - o >- "" o ~ aJ 0) ro r::: ro ~ >- "" o :J ro "0 :J CD ~ E o :I: '(3 r::: :J o o >- "" o en E .!!! ~ U :J ~ CD o "0 ro r::: o ~ o o - o >- "" () ~ o >- ro ~ >- - :J a. aJ o en -'" $ .~ :0 ~ :J aJo... 0)_ ro 0 c: ~ ro 0 ~t5 >-<1> .-:= .!::::: 00 "0 ro .c. "" .c. $ -'" ~ ro ~ ~ .!!1 ro E r::: N r::: - :J ~:2 ~ ro r::: o . 2: ro i:Ii~ ...- N ~ .J:> E E '(3 r::: :J o o ~ .J:> E E '(3 r::: :J o () ~ o o .c. u (1) >- "0 r::: <( en o E ro a::: -'" .~ o ~ ro ~ o r::: o 'm o LlJ - o >- .'!: () - o >- "" () /~:J r::: ro E o 3: '(3 r::: :J o o ~ ~ aJ O)aJ ro r::: r:::'- ro 0) ~ill >- >- :!::: :::: 00 en o a::: r::: .!!! o ~ r::: ro ~ ~ $ ro <1>$ >.J:> ro 0 OCD ...-N r::: ro E o 3: '(3 r::: :J o o ~ .J:> E E '(3 r::: :J o () ~ - r::: ~ ro "0 >- ro ~ E <( ro r::: r::: o o .c. u ro CD ro .;:: a. E ro en ~ ro .....I - o >- "" () - o >- "" () ~ o - u .: o en -'" ~ ~ g .J:> :J 0... -'" U :J - (1) en ;:: ro .c. o E ~ o ~ 0... ~ o >- ro ~ >- .J:> .J:> ro o en ro E o .c. ~ > o ~ o r::: o E .....I - o >- "" o ~ o - u ~ o en -'" ~ o $ .~ .J:> :J 0... ~ aJ 0) ro r::: ro ~ 0 >->- ."!::::: ro o~ en E .!!! ~ t :J o x o en r::: ID 0 3: ~ 0'- CD~ ~I E r::: ro 0 ,0 ...- N r::: ro E '(3 r::: :J o o ~ .J:> E ~ '(3 r::: :J o () ro N r::: :J N r::: .c. a. ca a::: >- .J:> "0 o o >- ro , >- "" o ro >- :5 ro :;:::; 3: ro 0 Z 0... - - o 0 >- >- :!:::: - o U - rn ...- ..: o rn .~ t5 (I)";:: 0.- :J.~ (1)0 x o o 0) ~ o ~ 0) ro r::: ro ~ >- "" o >- - :J a. o "0 r::: N ..: o rn '2: t5 Q) "C 0.- :J.5Q (1)0 "0 ro ~ r::: o o r::: ro E o o .J:> o u ro , r::: r::: .!!! o o 0) .!!1 o r::: ro (1) 0(5 >- ro > OJ r::: o "C 0)0. <1>(1) o g~ c.- CIJ ro c. r::: (1)<(<1> -."0 -~ o"Oro _.- OJ ~rn~ c(1)2 :J -'" r::: o ro._ o :::!..S - o >- "" () ~ 0) ro r::: ro ~ ro ~ r::: o ~ aJ .J:> E ~ "0 ~ ro o CD ~ 0) r::: .~ .....I .c. "" ~ r::: ro ~ u ~ r::: ro o ~ o - U ~ o ~ .J:> E ~ "0 ~ ro o CD ~ r::: "0 :J ro .....I o -'" ro .J:> o a::: -'" ~ ro ~ - u .;:: - .5!1 o ~ - ~ ro a. :~ r::: :J ~ E ro 0_ .~ ~ ~ "0 - m.~ 0...0 6 '" ... '7 ~ 6 ~ - ~ >- ro o - METRO COMMISSION MEETING AUGUST 22, 1997 MINUTES ITEM # 1. Roll Call: Absent: City of imperial Beach City of Lemon Grove 2. Approve Minutes from August 1. 1997 Workshop The minutes were approved with an spelling correction to item 2. 3. AFFORD's Recommendation on Commission's Costs Michael Cowett of Best, Best, and Krieger provided the Commission with a report on the proposed per diem. The AFFORD group advised th,*the best way to provide per diem to the representatives was for each agency who wanted their representative to receive the per diem to be billed by AFFORD, who would then pay the representative. Technically this can occur with a vote from AFFORD, but Mr. Goldby would like a motion to be made by the Commission approving the plan. it was suggested that a maximum number of meetings per month be established, with the number for the Chairman higher. There was question as to what would qualify as a meeting, especially in the case of the Chair. Mr. Cowett suggested that the government code be followed. It allows for up to 10 meetings per month. A meeting is defined as any time spent for the district at the request of the board. A motion was made to approve a $125.00 per meeting stipend with a maximum of two meetings for the representatives and four meetings for the chair. The definition of a meeting would be any meeting, sub-committee meeting, or other meeting as requested or approved by the board. The motion was approved with The County of San Diego and the City of Chula Vista abstaining. 5. Detailed Briefing on the Neaotiations for "Regional Wastewater Disposal Agreement" Mr. Cowett provided a briefing on the deal points of the proposed agreements. The process has advanced to the point where the language of the agreement was being discussed. The deal points, with some slight modifications, were approved by the City of San Diego Council on August 12, 1997. The deal points were agreed on by either the Attorney's committee or with the City Manager. The deal points are }() ~ f METRO COMMISSION MEETING JULY 11,1997 MINUTES ITEM # 1. Roll Call: Absent: City of Coronado City of EI Cajon City of Imperial Beach Alternate: Sid Morris, Assistant City Manager City of Chula Vista Greg Cox, Supervisor, District 1 County of San Diego Keith Lewinger, General Manager Otay Water District 2. ApDrove Minutes from Mav 23.1997 Meetina and June 13. 1997 WorkshoD Minutes approved. No changes. 3. Commission's Costs Mr. Ralph Inzunza, City of National City, asked if members of the board could be reimbursed for the expense of coming to the meetings. The part time elected officials need a reimbursable situation in order to come to the meetings. Part time members have to make changes in their work schedule or child care in order to attend the meeting. He doesn't feel it is fair to those members. Other boards, such as SANDAG and MTDB get reimbursed. He feels that it would make it a more serious, desirable and important board. Chairman Goldby agreed that members should be reimbursed for attending. The question was where the money would come from. Mr. Goldby felt that the City of San Diego should pay the costs out of their sewer fund. There was a suggestion that the cost sharing mechanism through AFFORD could be used to reimburse the committee members. Dave Schlesinger, City of San Diego, suggested that each City reimburse its representative from its wastewater fund. There was a question of who was responsible for creating the commission. It is a joint commission of the Participating Agencies, with San Diego as a member, that advises the San Diego City Council. The motion was made that the idea of a per diem stipend for the activities of the members be referred to the attomeys of the AFFORD group to develop a mechanism for payment. The AFFORD group will then report back JtJ~S to the committee. The motion was seconded. The motion was passed unanimously. 4. Discussion and Recommendation on Engineering Study of South Bay Facilities The study was brought before the Manager's sub-committee on July 8 and approved. Harold Bailey, Padre Dam Municipal Water District, addressed the committee on the report and cost estimates. He reported on the Technical Committee's findings on the facilities and their nine recommendations. They found that the construction of the South Bay Water Reclamation Plant according to the current City of San Diego schedule is justified at this time. There was 100% consensus in their recommendations. Mr. Bailey answered questions on the technical committee's recommendations. There was discussion of the costs of the project. There was a motion to continue the final vote to the next meeting so the Committee members could report all the findings to their Councils. The motion was seconded. The motion was passed unanimously. The vote will be taken on July 25, 199Y. 5. AFFORD's Recommendation on Dairy Mart Road Bridge ImDrovement Proiect Augie Caires, of the Padre Dam Municipal Water District, reported on the AFFORD Group's recommendation that there would be a cost sharing methodology that they urge the Metro Commission to recommend to the City Council as outlined in the report. The cost sharing is based on a 60/40 share between the Federal Government and local agencies. This would result in the approximate member agency cost of $2,131,000. There was a motion to forward the recommendation to the City Council. There was a discussion on what would be the fair share of contributions and the amount of responsibility the Federal Government should assume. A motion was made to continue the vote until the July 25, 199Y meeting so the Committee members would have an opportunity to pass on the recommendations to their CQuncils. The motion was seconded. The motion passed unanimously. Jack McGrory noted that the City of San Diego was opposed to the recommendation. The Federal grant will be for a precise dollar amount that will be less than 60% of the total cost. The cost of the Bridge will be approximately $1Y.5 million. The Federal Grant will pay for approximately $8 million. The rest of the costs would be split YO/3D between the City of San Diego and the Participating Agencies. The AFFORD report is saying that the Federal Government should pay more of a share. Because, at this time, there is no more money coming from Federal sources, the AFFORD recommendation would have the City of San Diego pick up any short fall on the Federal side. The City of San Diego feels the total cost should be covered by both the City and the Participating Agencies. Mr. McGrory recommended that all the Participating Agencies work together to get the amount of the Federal grant increased to cover the full 60% of costs. A motion was made for the agencies to direct their staff to work with the City of San Diego to put together something that represents the Commission's encouragement and support that the Federal government Ie; ~ cP COUNCIL AGENDA STATEMENT Item II Meeting Date 10/7/97 ITEM TITLE: Report: PCM-98-08; Council outside sales - City-Initi ed. e al regarding City-wide temporary SUBMITTED BY: Director of Plannin REVIEWED BY: City Manager 08. (4/5ths Vote: Yes_No-X) At the City Council meeting of September 9, 1997, the Council was addressed under Oral Communications by representatives of the Chula Vista Walmart and a National City car dealership asking for Council support for their request to hold a temporary used car sales event in the Walmart parking lot. The Council referred this item to staff for review and a report back to the Council (see Attachment #1). RECOMMENDATION: Staff recommends that the report be a=pted and no action be taken. However, if the Council chooses to support the request under consideration, staff should be directed to undertake an amendment to the Municipal Code to provide for the type of temporary outside sales requested. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Specific Proposal The event for which Council support was sought at the above-referenced City Council meeting is a temporary (four days) outdoor used-car sale in the parking lot of the Walmart store located at 75 N. Broadway (see Attachment #2, letters). As explained in a letter to the Mayor, the event would also include a donation to the Chula Vista library for each car sold and the donation of a portion of the sale's profits to a children's charity. Response to Request Prior to their appearance at the September 9 meeting, staff contacted both Mr. Fuentes of Olympic Auto Sales and Ms. Bravo ofWalmart and explained the current code requirements for outside sales events. The temporary outside sale of merchandise is regulated through Section IJ~/ Page 2, Item_ Meeting Date 1017/97 19.58.370 of the Zoning Code (see Attachment #3). Among the applicable regulations is a specific requirement - 19.58.370(8)(1) - that only merchandise customarily sold on the premises shall be considered for temporary outside sales and display. Although the Walmart site is located within the Town Centre 11 Expansion redevelopment area, there are no provisions within the redevelopment plan to allow deviations from the zoning code relative to temporary outside sales. As a result, there is currently no mechanism by which the above-noted request can be accommodated. It should be noted that used (or even new) car sales are not allowed in the C-C Central Commercial wne, within which the Walmart property is located, on a permanent basis. Hence, there is no opportunity for automobile sales either temporarily or permanently at the subject site. Issues Related to Outside Sales The majority of the regulations pertaining to temporary outside sales events were established some twenty-five years ago; it is therefore not unreasonable to re-visit the City's regulations to determine whether they are accomplishing the City's goals of providing opportunities to City businesses while minimizing potential visual and traffic-related impacts. On the other hand, to staff's knowledge the present ordinance has worked well for the past 25 years by providing outside sales opportunities in a manageable format. There are a number of potential issues related to a request to amend the City's regulations to provide for the sale of products not customarily sold on-site. These issues include the following: 1) Should products not normally allowed for sale within the particular zoning district be allowed under a temporary sales event permit? This is relevant to the request at hand since Walmart is located within the Central Commercial zone, which does not normally allow car sales. It is important to note here that any ordinance amendments would apply City-wide; that is, all other businesses within the City would be entitled to conduct temporary used car sales (as an example) as well, subject to meeting remaining requirements. 2) Would the City receive the tax revenues from the products sold? Since the request would accommodate products not normally sold on-site, it is reasonable to expect that the businesses actually conducting the temporary sales events may not be Chula Vista businesses. While it is possible for businesses to register "temporary" addresses with their tax returns so that revenues may be allocated to the proper jurisdiction, the City would only be able to verify this after the fact, and a monitoring process would have to be set up to accomplish this for each permit issued. //~2 Page 3, Item_ Meeting Date 10/7/97 3) A question exists as to whether this might create undesirable competition for permanent Chula Vista businesses. The Director of the Chamber of Commerce has expressed support of the proposal based in part upon the potential of added opportunities for local businesses. However, both of the City's new car dealers have stated that they would not support such a proposal. CONCLUSION: As noted previously, it is reasonable to review City ordinances periodically. The Municipal Code section dealing with temporary outside sales has not been substantially reviewed for quite some time. However, there are a number of issues to be researched and analyzed with such a proposal. In addition, environmental review would be required if the ordinance were amended to accommodate the Walmart property request. Due to the large number of pending priority projects, staff would estimate that a proposed amendment would not be completed for at least six months unless other priority projects were delayed. Further, prior to analyzing the issues listed above and receiving input from the appropriate sources, it is uncertain that such a proposal would be supported by staff. Consequently, staff is not supportive of a Municipal Code amendment to provide for the temporary outside sales of items not customarily sold on the premises, and therefore recommends that Council accept this report and take no action. However, the Council may choose to support the request made by Mr. Fuentes and Ms. Bravo and direct staff to undertake a code amendment to accommodate for their request. FISCAL IMPACT: It could be expected that staff time to process a zoning text amendment related to the revision of temporary outside sales events would cost between $3,000.00 and $4,000.00. The current fee for outside sales permits is $50.00, and additional fees as well as sales tax revenues from relevant temporary outside sales could be anticipated. However, it is not possible to project potential fee and tax income from this source at this time. Attachments 1. 2. 3. Council Referral ~i;,~ Applicants' letters to Council ~-- Municipal Code Section - Temporary Outside Sales. ~G ~Q'" (m:\home\planning\patty\pcm9808.rep ) //- J Attachment :fI= 1 REFERRAL MEMO September 11, 1997 TO: / Patty Nevins, Assistant Plannerl~ Pam Buchan, Principal Community Development Specialist Gerald Young, Principal Management Assistan~ Tent Auto Sale @ Wal-Mart t/ FROM: SUBJECT: At the meeting of 9/9/97, under Oral Communications, Council received a request from representatives of Wal-Mart and Olympic Auto Sales to hold a four-day tent sale of automobiles in the parking lot of the Wal-Mart store. The proponents indicated they had been told this was not allowed under current zoning and were therefore asking for Council's assistance. Mayor Horton asked that item be referred to staff. No deadline was specified. cc: Bob Powell //~' , Attachment -#2 OLYMPIC AUTO SALES 1800 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 (619)477-4982 August 14 1997 HON. SHIRLEY HORTON, MAYOR CITY OF CHULA VISTA 276 Fourth Ave. Chula Vista, Ca 91910 RE: Outdoor sale at Walmart, Chula Vista Dear Hayor Horton: I enjoyed meeting with your assistant regarding the above and pursuant to the request made after the meeting I am submitting this letter. Your assistant, no doubt informed you that the company, of which I am president, FUENTES AUTO SALES, does business in National City under the name OLYMPIC AUTO SALES. We are the largest independent used car dealer on the "Hi Ie of Cars". We have been at our present location for eight years and anticipate many more. Since my goal has always been to create and grow I have stressed customer service, integrity, and just plain fair dealing with my customers, other dealers, my employees and the community at large. That is and will continue to be our approach. Walmart and I, as you also know from the meeting with your office, wish to put on a used vehicle "parking lot" or "tent sale". Your assistant expressed several concerns regarding the form and manner of the sale's operation which I address in this letter. First, and foremost, I want to address the issue of community benefit because I realize your office represents the community, not just the business or labor interests, not just the employed or the retired but the community as a whole. This event would achieve, I believe, immediate tangible economic benefits for the community as a whole in the following ways: 1.1 expect to sell about fifty cars in that four day period with an average taxable sales price of $9,000.00. This sale will generate, therefore, $450,000 in taxable income. As I understand it the City of Chula Vista retains one per cent of all sales tax liS TENT SALE/Page 2 August 12, 1997 raised within the city limits. As you can see $4,500.00 would be generated within a four day period just on the sale of the cars. 2.While cars will be the principal focus of the sale it can be reasonably anticipated that by drawing people to the parking lot the food sales of the local adjacent establishments will be enhanced. We estimate several hundred dollars in tax revenue will be generated in that fashion. Walmart's sales may be increased by virtue of the increased traffic thereby once again increasing the sales tax revenue. 3.1 plan on donating $20.00 per car sold to the Chula Vista Public Library. 4.AII of the rent paid to Walmart and a portion of my profits will be donated to the Childrens I Miracle Network which is a medical assistance charity that provides aid to poor children. The wonderful thing is that all of this will be accomplished without any cost to the city. None. The city will not be asked to pay for or provide anything to bring this event into fruition. This event has been conceived and planned as a privately capitalized event which neither seeks nor anticipates any need to seek public funding or financial participation in any form. The event itself will consist of about 150 cars being offered to the public for sale. We usually have one 30' X 30' tent and 2 or three 10' X 10' tents. There will be a radio station mobile unit and perhaps a hot dog stand. All of the cars and events will be inside the Walmart parking lot and Olympic Auto Sales, in cooperation with Walmart, will provide all security including traffic control. Walmart's toilets will be available to the customers as will all Walmart' s other facilities. Walmart and Olympic will, maintain the sales area in a clean and presentable condition at_ all times. There will be no offensively loud or late music or advertising. Nor will there be any visual presentation that would detract from the ambiance the city has worked hard to create for its citizens and visitors. It is appropriate to add that I have had considerable experience arranging ,planning, and successfully executing this sort of sale and together with my staff I can assure you a successful civic event that will provide fun, community togetherness, and profit for the merchants participating in and surrounding the event. We plan each and every detail weeks in advance and that is how we assure a smooth flow - Hard work and diligent planning. We would, of course, like the mayor and the members of the council to come by and greet their constituents(as well as have a free hot dog). We will have live radio coverage for at least part of the time and I am sure there will be some time available for the mayor to promote the City of Chula Vista and The Children's Miracle jj---t TENT SALE/Page 3 August 12, 1997 Network. This chance for the elected officials to meet the constituents perpetuates, I think, a sense of community in the midst of our modern urban environment. Citizens, and representatives meeting together in the modern version of the "marketplace" shopping, talking, and simply getting to know one another while commerce, charity and city revenues are all benefited without cost to the city. It seems to me if the city can enhance its tax revenues, promote commerce, benefit charity, all without cost to itself or harm in any fashion to the community then the real question before us as we consider this event is not "Why?" but rather "Why not?" Sincerely, FRANK FUENTES, PRESIDENT FUENTES AUTO SALES ~~.~ //-7 LETTER FROM WALMART TO MAYOR OF CHULA VISTA RE TENT SALE Hon. Shirley Horton, Mayor Re: Proposed Tent Sale Walmart, together with, Olympic Auto Sales is desirous of conducting a three or four day parking lot (tent sale) in the parking lot of the Chula Vista, Walmart store. Walmart and Olympic Auto Sales recently joined together to conduct another such sale at our store at Hwy 805 and Palm. The sale was a fantastic success. The cars and tents were moved unto the Walmart parking lot smoothly and efficiently without any traffic problems of any nature. The sale then went on for four days without incident. In fact Walmart's business actually increased and we had, for that store, a record Sunday! Olympic Auto Sales was marvelous to work with. Their superb advance planning and excellent coordination created a flawless event that besides being mutually profitable was simply a lot of fun. Olympic brought in their own security force to augment Walmart's assuring that crowd and traffic control was accomplished without incident. The traffic and crowA control was, in fact, so well done it seemed almost effortless, which is truly always the mark of superior planning and disciplined execution. When we can ~ have a record day while a large parking lot sale is going on with~~l so much as a traffic jam - Well, we were impressed and pleased to say the least. Walmart and Olympic Auto Sales will be jointly donating a large sum of money to the Children's Miracle Network, a medical charity for children. The rent Olympic Auto Sales pays to Walmart will be donated,as well as a portion of the profits Olympic realizes. I understand, also, that Olympic is committed to donating twenty dollars per car sold to the public library in Chula Vista. I am impressed with Olympic's desire to give something back to the community in which it does business. They seem determined to accomplish a high level of charitable benefit as well as sell cars. That attitude and approach, is, as you no doubt know, completely compatible with the goals, attitudes, and philosophy of Walmart. /I-I!' I also want to assure you that when the sale is conducted there will be nothing which would mar the image that Chula Vista and its citizens have worked so. hard to create. The sale will be tastefully conducted in a festive family type atmosphere. Please give favorable attention to Olympic I s request for a sales permit, knowing that we join them in the request, after considering one question: Is it good for all parties? We have concluded the answer is a resounding and unambiguous vest Thank you for your time and attention. Please feel free to call and discuss this matter at your convenience. (3MU ;t(!tJ-.. Bn;l.VD //~-1 Altachment #3 areas. Said wall or fence may be waived by the planning commission if it is found Ibat Ibe adjacent areas would be sufficiently screened and protected without said wall or fence. (Ord. 1356 ~1 (part), 1971; Ord. 1212 ~1 (part), 1969; prior code ~33.901(B)(36)). 19.58.370 Outside sales and display-Permanent and temporary_ A. Permanent: The permanent outside sales and display of merchandise, including vending machines of all types and coin-operated amusements, shall be permined only when included as part of an approved site plan subject to Ibe conditions herein. Service stations are subject to the provisions of Section 19.58.280. 1. The following items shall be considered for outside display: a. Vending machines of all types; b. Coin-operated amusements, excluding games such as pinball machines; c. Vehicles of all types, including boats; d. Magazines, newspapers and books; e. Flowers, including artificial; f. An displays; g. Plants; h. Model storage buildings, patios and additions; i. Any olber item which is determined by the planning commission to be of Ibe same general character; j. Any other item specifically approved by Ibe planning commission to be displayed in an area specifically designed for said merchandise. 2. Conditions: a. Vending machines and coin-operated amusements shall whenever possible be within an enclosed area or structUre specifically designed to accommodate said items; b. The outside display shall not interfere wilb pedestrian or vehicular circulation; Co Model storage buildings, patios and additions shall not be located in any area facing a major or collector street, or at Ibe main entrance to Ibe building; d. Plants shall be Ibe only items, in a plant nursery, visible from Ibe street; e. No outside display shall be of such size or quantity as to alter the architecturaI appearance of Ibe building; / /./ I:J 1292-3 (R 3/94) f. A ten-foot landscaped area shall be provided between vehicle display areas and the street. Any item not located within a building or solid enclosure shall be deemed to be outside display and subject to the conditions herein. 3. The following merchandise shall be expressly prohibited for outside display: a. Furniture; b. Oothing; c. Appliances; d. Play equipment; e. Dry goods; f. Soil additives; g. Tires, excluding service station as provided herein; h. Used goods, except as provided herein; B. Temporary: Temporary outside sales and display of merchandise for a period of twenty. four days in any calendar year, but not exceeding seven consecutive days, shall be permined upon approval of a temporary outside sales permit by the zoning administrator. Not more than six permits a year shall be issued to anyone business or shopping complex. Each such permit shall be accompanied by the Required Filing Fee(s). Upon application for a permit, the applicant shall submit two site plans showing the location of the proposed outside sales area. The plan shall include sufficient information to insure that the display and sales will be conducted in a safe and proper manner and will not obstruct traffic or cause a hazardous condition based on the standards adopted by the city. The permit shall designate the commencement and termination dates. 1. Other required conditions: a. The application shall be submined for approval a minimum of two days prior to the requested date of commencement. b. There shall be a minimum of thirty days between the commencement dates of the permit. c. Temporary outside sales are prohibited in the CoO, CoN and C.y zones. d. The sales area shall maintain a twenty. five foot setback from the street when within an area designated for parking. e. The sales area may utilize a portion of required parking to a maximum of twenty percent. f. The sales area shall not interfere with the internal circulation of the site. g. Pennants may be used only for safety and precautionary purposes. h. The sales area shall be kept in a neat and well-kept manner at all times. (R 3/94) 1292-4 //// i. Price signs may be used but shall not exceed twelve by sixteen inches. j. Other signs may be allowed subject to zoning administrator approval. Said signs shall not exceed two square feet of lineal street frontage of the sales area. k. Promotional items allowed in conjunction with a special event, such as anniversaries and grand openings, are not subject to the provisions herein except when an outside sales permit is requested. 1. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display. (Ord. 2506 ~1 (part), 1992; Orc!. 2011 ~2 (part), 1982; Orc!. 1436 ~3 (part), 1973; Orc!. 1356 ~1 (part), 1971; Orc!. 1212 ~1 (part), 1969; prior code ~33.901(B)(37)). 19.58.380 Special events. A. Any business may request a permit for the use of temporary promotional signs and promotional items in conjunction with the following special events: Grand openings, change of business address, change of ownership or lessee, and business anniversaries. If a business is part of a parent organization, the anniversary of the parent company may be used in lieu of the business anniversary during the calendar year. B. The maximum time limit for a special event shaD not exceed fourteen consecutive days. C. The applicant shall submit a statement stating the reason for the special event and indicating the commencement and ending date. The applicant shall also submit a site plan indicating the location and area of signs and location of promotional items. Each permit shall also be accompanied by the Required Filing Fee(s). D. Promotional items are subject to the following approval: 1. They may not be located in the front setback; 2. They shaD not interfere with internal circulation or eliminate required parking; 3. They shall not be indiscriminately placed or be of such quantity as to present a clunered and unsightly appearance. E. Pennants may only be used in conjunction with grand openings and change of ownership or lessee. F. The planning department shall issue to the applicant a special event permit, upon approval of the applicant's request. The reason for the special event shall be conspicuously displayed on a sign for the dnration of the event. (Ord. 2506 U (part), 1992; Ord. 2011 !il (part), 1982; Ord. 1436 !i3 (part), 1973; Ord. 1356 !il (part), 1971; Orc!. 1212!il (part), 1969; prior code !i33.901(B)(38)). / j-- /~ 1292-5 (R 3/94) 10-07-1997 1,23PM FROM CV CHAMBER COMMERCE 6194201269 P.2 Wnlll:w/tll:KWlrlTUN bill 4c!bltUblt 1U/O( uN 1.5:05 NO.870 02 #~ #/j Mayor and City Council City of Chula Vista 276 Fourth Ave Chula Vista CA 91910 October 7, 1997 Mayor Horton, This letter is to inform you, White Water Canyon is in support of the proposed change to the city ordinance relating to outside sales. We believe business should be able to use an of their assets. inCluding their outside areas to generate business and revenues. We appreciate your support. Sincerely Glenn Davidson General Manager 2052 Otay Valh:y Rood. (hula Vifitn. California 91911 . Ph (619) 496-79.75 Fax ((,111) 49/j 4064 COUNCIL AGENDA STATEMENT Item /.2. ITEM TITLE: Meeting Date 10/7/97 Resolution Jg?.9~mPlementing the City's Last Offer to Chula Vista Police Officers Association (CVPOA) and amending the budget therefor SUBMITTED BY: . , CIty Manager /). v (4/Sths Vote: Yes XX NoJ On June 27, 1997 the City and the CVPOA reached an Impasse in negotiations for a successor Memorandum of Understanding (MOU). On July 3, 1997, the City Manager, in his capacity as the Municipal Employee Relations Officer, met with the CVPOA to identify the issues in dispute and to review the position of the respective parties in an effort to resolve the disputed issues. On August 6, 1997, the City and the CVPOA met with a State mediator in an effort to resolve the issues in dispute. Mediation was unsuccessful. Pursuant to the City's Employer- Employee Relations Policy, the matters in dispute are now submitted to the Council for consideration at an Impasse Hearing. RECOMMENDATION: That, if the Impasse remains unresolved, that the City Council unilaterally implement the City's last offer to CVPOA and amend the budget to cover the cost of the MOU adjustments. BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: On August 6, 1997, Dave Hart, State Mediation and Conciliation Services, served as the Mediator between the City and the CVPOA in an effort to resolve the Impasse in Negotiations. The Mediation was unsuccessful. Pursuant to Section 14C of the City's Employer-Employee Relations Policy, "If the parties fail ... to resolve the dispute through mediation within fifteen (IS) days after the mediator commenced meeting with the parties, then matters within the scope shall be submitted to the City Council. Any legislative action by the Council on the impasse shall be final and binding." The issues in dispute are shown below. On June 27, 1997 the City provided an economic proposal to the CVPOA covering the term through June 30, 1998. This proposal increased the City's retirement contribution by 1 %, provided an enhanced PERS 1959 Level IV "Survivors" benefit, discontinued use of sick leave upon accepted or independently determined industrial disability retirement, and amended the process for notification of intent to renegotiate the Memorandum of Understanding. /2// This proposal has been rejected by the CVPOA. On June 27, 1997 the CVPOA presented a "Last, Best and Final Offer" to the City covering the term through June 30, 1998. This offer contained: . A 2 % salary increase effective July 4, 1997 . An increase in the percentage spread between sergeants and agents by 2 % effective July 4, 1997 . An increase in the maximum contribution of retirement by the City of an additional 3 % effective July 4, 1997 . Implementation of the enhanced PERS 1959 Level IV "Survivors" benefit . City permission for off-duty employment for armed, security related activities within the City limits This proposal has been rejected by the City. Recommendation It is recommended that the City Council implement the following aspects of the last offer to CVPOA: ~ Increase the City's retirement contribution by I % (from 2% to 3%) effective July 4, 1997 ~ Provide an enhanced PERS 1959 Level IV "Survivors" benefit ~ Amend the process for notification of intent to renegotiate the Memorandum of Understanding ~ Provide POST incentive language ~ Discontinue use of sick leave upon accepted or independently determined industrial disability retirement ( 4850 language) FISCAL IMPACT: The implementation of the City's last offer will require an amendment to the budget to appropriate $98,817 from the unappropriated balance of the General Fund Reserve. For information purposes, the approximate cost of the CVPOA proposal for FY 1997-98 is approximately $503,229. Attachment: Council Employer-Employee Relations Policy, Section 14, Impasse Procedure 1997/98 Fiscal Impact Chart (CVPOA Proposal/City Proposal) POA Compensation by Position Annual Change in Salaries and Benefits Peace Officer Benefit Comparisons 1997-98 (l % PERS Increase Included) H:IHOMEIADMINIDA WNlPOAl.AI3 /2~.2 RESOLUTION NO. /8"/90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE CITY'S LAST OFFER TO CHULA VISTA POLICE OFFICERS ASSOCIATION (CVPOA) AND AMENDING THE BUDGET THEREFOR WHEREAS, on June 27 1997, an Impasse in negotiations for Understanding (MOU); and the City and the CVPOA reached a successor Memorandum of WHEREAS, on July 3, 1997, the City Manager, in his capacity as the Municipal Employee Relations Officer, met with the CVPOA to identify the issues in dispute and to review the position of the respective parties in an effort to resolve the disputed issues; and wi th a dispute, WHEREAS, on August 6, 1997, the City and the State mediator in an effort to resolve the however, mediation was unsuccessful; and CVPOA met issues in WHEREAS, pursuant to the City's Employer-Employee Relations Policy, the matters in dispute are now submitted to the Council for consideration at an impasse hearing; and WHEREAS, it is recommended that unless the impasse is resolved, the City Council implement the following aspects of the last offer to CVPOA: . Increase the city's retirement contribution by 1%, from 2% to 3% effective July 4, 1997 · Provide an enhanced PERS 1959 Level IV "Survivors" benefit · Amend the process for notification of intent to renegotiate the Memorandum of Understanding · Provide POST incentive language . Discontinued use of sick independently determined retirement (4850 language) leave upon accepted or industrial disability NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby implement the City's last offer to Chula vista Police Officers Association. BE IT FURTHER RESOLVED that the FY 1997-98 budget is hereby amended to appropriate $98,817 from the unappropriated balance of the General Fund to implement the above. Presented by Approved as to form by John Goss, City Manager C:\rs\impasse.poa Jo /2-3! ey I, , , . J '~ . " . I ADOPTED BY THE CITY COUNCIL MAY 4,1976 ., /;2 -f SECTION 13 - Decertification Election Procedure A. A petition for decertification of a certified organizution IlIuy lJe submi tted to the Director by a registered employee organization or al~Y elilployeein a representation unit during the month of January of the fiscal year in \vhich the existing Memorandum of Understanding, if any, will expire; end after such certified employee organization has been the certified employee organi- zation for a period of not less than twelve (12) months. Such petition or other satisfactory showing of interost lilUSt contain t:IC valid si(Jnatures obtained within the preceding nir,ety (90) Gays, of a nrini!ilUll1 of fifty per cent (50%) of the employees in the unit. B. The Oirector, within twenty (20) days after notifying registel"ed employee organization(s) and employees in the unit, shan arrange an election in accordance with the regular election procedures in Section 12. A certifi- cation election may be combined with a decertification "Iectio/l proeerlln'c; any registered employee organilation filay hi' plae"r] on tile lie,j iuc, proviueo it submits thirty per cent (30:1,) showing of interest. The ,"unicipal Employee Relations Officer shall decertify, certify or announce no certi- fication in accordance with the election results. SECTION 14 - Impasse Procedure A. If the meet and confer process has reached impasse, either party may ask for an impasse meeting with the Municipal Employee Relations Officer by filing with the other party a written request for such li1r>etinrj, together vrith a statement of its position on all disputed issues. 1\11 ilrrpasse mceting shall then be scheduled promptly by the Munic~pal Employee Relations OffiCf~r. The purpose of such meeting shall be to identi fy and specify in writing the issue or issues that remain in dispute, and to revievl tile pos ition of U,O parties in a final effort to resolve such disputed i,sue. B. If the impasse is not resolved following the impasse nK!el:ing, then the City and the certified employee organization may agree upon the i\ppointll1ent 01' a mediator mutually acceptable to both parties. In the event botll pal'ties elect mediation, but cannot mutually agree upon a mediator, the Conciliation Services of the California State Industrial Relations Department shall be requested to provide one of their mediators. 1. Any mediation shall be private and a mediator shall not make any public recommendation nor take any public position. 2. The costs, if any, of mediation shall be d~vided equally between the City and the certified 9mployee organization. C. If the parties fail to agree to submit the dispute to mediation, or have failed to resolve the dispute through mediation wii:hin fHteen (15) ddYs after the mediator commenced meeting with the parties, thcn matters within the scope of representation shall be submitted to the C"ity COI;I,ci:. rlny legislative action by the City Council on the impasse shall be fina] and binding. 12 /;2.~5' 1997/98 Fiscal Impact (CVPOA Proposal/City Proposal) October 7, 1997 CVPOA "Last. Best and Final Offer" 3% Retirement Offset effective 7/1/97 2% Salary Increase effective 7/1/97 POST Incentive Language Change PERS Level IV Survivors Benefits Agent/Sergeant 2% Increase Differential Increase maximum deposit from 25% to 50% $244,059 203,384 3,100 14,364 28,322 10.000 TOTAL $503,229 citv Offer 1% Retirement Offset effective 7/1/97 PERS Level IV Survivors Benefits POST Incentive Language Change $ 81,353 14,364 3.100 TOTAL $98,817 Amend sick Leave Usage after Industrial Injury Approved ($30,000) H:IHOMEIADMINIDA WNlPOA2.AI3 /:<-t- COMPENSA TION BY POSITION IANNUAL CHANGE IN SALARIES AND BENEFITS) INCREASE 1990.91 1991-92 199293 , 993-94 1994"95 1995-96 199697 TOTAL D UNREP Personnel 9.5% Analyst 35,810 1,791 1,895 0 0 ~759 ~759 2,168 + Benefits 4500 ----1!lli ~ 130 .Q 200 ' 600' 1 680 Total 40,310 2,276 2,160 130 0 ~559 159 3,848 WCE Assistant 9.3% Engineer 45,416 2,271 2,384 0 0 ~961 ~961 2,733 + Benefits 6 571 676 879 130 ~39 --Il ' ;UL 2 135 Total 51,987 2,947 3,263 130 ~39 ~884 ~549 4,868 CVEA Maintenance 32,936 1,647 1,729 0 0 696 ~696 1,984 9.6% Worker J 4000 450 225 383 .Q 200. 325' 1 583 + Benefits 36,936 2,097 1,954 383 0 496 ~371 3,567 IAFF FireFighter 37,606 1,880 1,860 0 0 0 0 3,740 23.20/0 + Benefits 4,686 100 671 227 2,627 946 1,648 6,219 + Hard ~ ----.3.Q ~ -.2.} ---.l ---2;ll ~ ----"-ill. Hol/FLSA 44,607 2,060 2,566 290 2,628 1,187 1,609 10,340 POA Peace Officer 40,893 2,568 2,016 611 0 0 2,303 7,498 27.1 % + Benefits 6.752 127 270 3,387 695 1 ,050 1 5,528 + Hard ~ --A} ~ ---" -'2 ---'2 ~ ~ Hol/FLSA 48,330 2,738 2,320 4,002 695 1,050 2,340 13,145 . Net Stipend Attachments The detailed sheets attached outline the actual increases for each group by year. This summary lists only the first position listed on each of the attached sheets, to be used as a reference only. In each case we have identified the salary and benefits adjustments for all positions with in as a bargaining group or as a many representative classes as possible. H :\HOME\ADMIN\MOUMEM 1 /2-7 "-- '" N o N " 0 Z M ~ ~ W 0> N '" ~ '" ~ <( a: N .J M "' M "' 0> "' ... ::; M M "' ;;; 'if. <( "" ~ "" "" M 0 .. '" ... "" N ., "" N "" ... ... '" "" '" "" "" "'_M >- .; ...- .; .; .; ...- .; .; .; .; .; 0 ~ . >- ....... ""...,....... ""...... ~ ~ ~~ w " ~ 0> 0> '" Z -0-<( ~a: c m E m--, "5 ~ go ~>- C> .E ;;; mI -;~ z<( .w o.I m 10 \!!-en ~a: Bw ;;;:Q. is m o ro m a. en z o en Q' <( a. ::; o () >- ie w z w (IJ a: w () u. u. o w () <( w a. '" Z <( a: MI'-~"'<tCJ)(oN(().... --' <( >- o >- eoOr')OQ)\O"Ot"'<tcr> M o.....coou:.om~o (I') COU) I'-N...,CO(,OO') (,0 -.:t-..jot1'-";-.t-"'<t-"<!t-";-.t- ..; .........-..................... ..... N cj ::> o w 1.000U10000CO C>>COCOI'-"'<tO'<tO'lO ................M.........N..... ............IA............ :- () ::> o w O\OOOOOoC"}"<t MI'-CJ)Or--OO'lCJ)\O ;;;;......;;;;;;;;;;;;...,.;;;;... {")(D~"'<tCJ)CONr--..... (01.()(")OO>\O..,......1.l'J I'-(")O)OO'>OOV)\O (01J10fDOMCO"'<tCO ""-""-";";V.";";";"; ..................""...,.... <ONMtD \00.....0 .....OMM\O......cn01Q U'"JMNM"'<tNNN"'<t ...,.......,....,.~......,......... o"'<tCJ)(DU').....cn"'<tO) caCO>.OCO.."........"<tQ)O) NNNNNNNNN tI}...,....,.W...Chth......,. >- a: :s <( en N010I'-MOi.O(DtD CO"'<tOI'-OtO<D<01./1 COC'>tOO1"<tI'-NCO M-MMMMM-""-M"<t IAtfltAVJ..........,....,.... >- () Z w o <( ~ o .~B~ C> E~g;g~oou~ ~ 2 'cc :: ~ ~ .~ g ~ O;::;o~8"'.2o.~~ ()uwU3...J(i;~Oo z U) 2 en "' o o N ~ o '" .. '" M ~ "'- ~ ~ ~ M ~ .. '" '" ~ ~ 0_ ~ .. rn ;;; :; ~ U ... "' N "" .; ~ 8:* ",'" _0> ~ . ..~ o o N ~ o "' ;; '" "' ~ "' .; .. "" M .. ~ ~ '" ~ ~ o .; .. " + " ;;; :; .!!' 2 i3 ~J: wM _M M . ..~ c " " c ~ ro ::;::i ~ o '" e- m > o D <( '" e m a. ~ m .C rn > >' w > a: :;) en en >- ie w z w (IJ 0., z~ <(0 >-~ a:", :SI <(0 UJ::> <(0 a. a: ()I ()>- ~~ ~~ ::;w Oa: a:~ u.-w oUJUJ ~t;'ij -wa: <(.J() ~tt~ Oa:UJ zza: OOW i=i=a.. c::::c:(~ ::;::;~ a:a:UJ 00>- u.u.() ~~~ .J.Ju. --'--'w <(<(a: WWW >->->- 000 zzz .2 ro o ~ "0 W ,; m () >- en o a. ,; "0 <( s ;;; o ::; N () ::> o ~ ~ ~ .~ > C .~ ro ~ -C w ,; m () >- en o (L :g s ;;; o ::; !-2- r () ::> o w ::;: Co ... ... N