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HomeMy WebLinkAboutAgenda Packet 1996/10/29 Special Meetin2 of the Chula Vista Citv Council Tuesday, October 29, 1996 6:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Padilla, Rindone, and Mayor Horton. ABSENT: None STAFF PRESENT: John D. Goss, City Manager; Ann Y. Moore, Acting City Attorney; and Beverly A. Authelet, City Clerk BUSINESS 2. ANNOUNCEMENT OF CITY ATTORNEY APPOINTMENT City Manager, John Goss, introduced John Kaheny, Assistant City Attorney of San Diego. He stated that after a recruitment process, the City Council selected Mr. Kaheny as the new city attorney for Chula Vista. Mayor Horton stated that the City Council, in Closed Session last week, confirmed the appointment of Mr. Kaheny and that the decision was unanimous. MSUC (Horton/Alevy) to appoint Mr. Kaheny as the new City Attorney. Mr. Kaheny thanked Council for the vote of confidence and that he looked forward to his time in Chula Vista. ORAL COMMUNICATIONS There were none. ADJOURNMENT The meeting adjourned at 6: 15 p.m. to a Closed Session. Respectfully submitted, ~Q~ Beverly A. Authelet, CMC/AAE City Clerk Tuesday, October 29, 1996 6:00 p.m. UI declare under pen:::ty of perJurv that I am employe':! 11',' '1::'0 ",-' "." .r:~_! i '}.3t~ in the Office C);" '.- ; ~ .'08:: ad this Ap:.n _:,. -. ,:.:;! S:;a,'d at the Pu.)I,c~uv .. _,c .. .. :1.:,' City Hall on SPeEl.i\lfme;g of the Cit.pooAtAtJla Vista Citv Council " lo/cL~:>L' ,~~.-. CALL TO ORDER Council Chambers Public Services Building 1. ROLL CALL: Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton_. BUSINESS 2. ANNOUNCEMENT OF CITY ATTORNEY APPOINTMENT ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject 1fUlller within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from 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 yellow "Request to Speak Under Oral Communications Form" 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, Your time is limited to three minutes per speaker. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on November 5, 1996 at 4:00 p.m. in the City Council Chambers. . ***** CLOSED SESSION Unless the City Allorney, 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. 3. PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 4. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** . .. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT ... The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special acconunodations to access. attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunicatioos Devices for the Deaf (TDD) (619) 585-5655. California Relay Service is also available for the hearing impaired. Notice is herehy given that the Mayor of the City of Chula Vista has called and will convene a special meeting of the City Council on Tuesday, October 29, 1996 at 6:00 p.m. in the Council Chambers, Puhlic Services Building, 276 Fourth Avenue, Chula Vista, CA. ~ ~~~ ~ -------- - - ~- ~- -~ ellY OF CHUlA VISTA OFFICE OF THE CITY MANAGER NEWS RELEASE CONTACT Shirley Horton, Mayor of Chula Vista, 691-5044 Jeri Gulbransen, Public Information Coordinator, 691-5296 For release after 6 p.m. OCt. 29, 1996 JOHN KAHENY APPOINTED NEW CITY ATTORNEY IN CHULA VISTA The Chula Vista City Council announced tonight that it has appointed John M. Kaheny as Chula Vista's new City Attorney. Kaheny is currently assistant city attorney in the City of San Diego. "John Kaheny brings a distinguished professional career and a wealth of experience to the City of Chula Vista," said Mayor Shirley Horton. "After a thorough review and interview process, the City Council was unanimous in its decision to hire John. His legal expertise, knowledge of municipal issues and administrative skills will be great assets to Chula Vista." Kaheny will head Chula Vista's City Attorney's office of six full-time employees with an annual budget of more than $935,000. He will begin work in Chula Vista on Nov. 20. The City Council will discuss and is expected to take final action on his salary on Nov. 5. ---MORE--- 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5031 .~]; P<>sl-Con>,""", Fle<:y<1ed Plpor 2-2-2- JOHN KAHENY APPOINTED NEW CITY ATTORNEY IN CHULA VISTA In his role as assistant city attorney in San Diego, Kaheny's administrative duties have included oversight of the legal office of 256 employees with 107 attorneys and an annual budget of more than $17 million. He also has served as staff counsel to the San Diego City Council since 1982. "I am honored by the vote of the Mayor and Council to appoint me as the City of Attorney for Chula Vista," Kaheny said. "I look forward with enthusiasm to representing such a dynamic and proud city." A recognized expert in employment law, Kaheny started his tenure in San Diego's Office of the City Attorney in 1974 as deputy city attorney. In 1989 he was appointed chief deputy city attorney and has served as assistant city attorney since 1991. While in San Diego, Kaheny has served in the Legislative and Public Affairs, Litigation, Municipal Law and Criminal divisions, and was legal advisor to the Chief of Police. In addition he has worked with a number of boards and commissions including the San Diego Civil Service Commission, the Citizens' Advisory Board on Police/Community Relations, the Citizens' Equal Opportunity Commission and the San Diego Olympic Training Site Committee. His numerous awards, certificates and medals from a variety of organizations including the San Diego Police Academy and the National Black Law Students Association have given recognition to his legal work. Kaheny has authored several published articles and given presentations on a myriad of topics ranging from employee benefits and drug screening programs to civil liability and officer-involved shootings. Kaheny received his law degree at Hastings College of the Law, University of California and a bachelor's degree at Mt. St. Mary's College in Maryland. ---MORE--- 3-3-3- JOHN KAHENY APPOINTED NEW CITY ATTORNEY IN CHULA VISTA He is a retired colonel in the United States Marine Corps Reserve and received a Bronze Star Medal during active duty service in Vietnam. Kaheny also served as a.commanding officer during Operation Desert Shield/Storm, and was awarded the Meritorious Service Medal for his performance of duty. He is a member of the State Bar of California, the San Diego County Bar Association, the American Bar Association, American Legion Post #275 and the Friendly Sons of St. Patrick. He has served as national president of the Marine Corps Reserve Officers Association, national president of the Khe Sanh Veterans Association, vice president of the Kensington Social and Athletic Club, and was on the board of advisors of the Vietnam Veterans Leadership Program of San Diego. A resident of San Diego, Kaheny is married and has three children. --30-- JOHN M. KAHENY ASSIST~ CITY ATTORNEY OFFICE OF THE CITY ATTORNEY SAN DIEGO, CALIFORNIA (619)236-6220 PERSONAL Birth: Bronx, New York, November 28, 1944 Married: Deralyn Lewis Encino, California, January 16, 1971 Children: Coleen Meredith, born December 13, 1971, San Francisco, CA; Meghan Meredith, born March 29, 1975, San Diego, CA; John Peter born October 15, 1978, San Diego, CA Residence: 5151 Roxbury Road, San Diego, CA 92116 (619) 282-5211 EDUCATION BS, Mt. St. Mary's College, Maryland, 1966. JD, Hastings College of the Law, University of California, 1973. Legal Advisors Course, F.B.I. Academy, Quantico, Virginia, 1982. PROFESSIONAL Office of the City Attorney, San Diego, California Assistant City Attorney, 1991-Present. (Current annual salary, $112,128) Chief Deputy City Attorney, 1989-1991. Legislative and Public Affairs Division. Deputy City Attorney, 1974-1989. Legislative and Public Affairs Division, 1982-1988. Legal Advisor to the Chief of Police, 1980-1982. Litigation Division, 1978-1980. Municipal Law Division, 1978. Criminal Division, 1974-1978. Instructor, San Diego Regional Police Academy, Miramar College, 1978-1984. The Management Academy, City of San Diego, 1993. Member, State Bar of California. Member, San Diego County Bar Association (Public Lawyers Section) Member, American Bar Association, (Section on Urban, State and Local Government) . National Institute of Municipal Law Officers, 1978-Present. International Municipal Law Association- (formerly NIMLO) . ASSIGNMENTS Present administrative duties include oversight -over a legal office of 256 employees (including 107 attorneys) with an annual budget of $17,124,000. Staff Counsel to the following: San Diego City Council, 1982-present. San Diego Civil Service Commission, 1982-1990. Citizens' Equal Opportunity Commission, 1982-1989. Citizens' Advisory Board on Police/Community Relations, 1987-1989. Civilian Advisory Panel on Police Practices, 1988-1990. Citizens' Review Board on Police Practices, 1989-1990. San Diego Dr. Martin Luther King, Jr. Tribute Citizens Advisory Board, 1988-1989. San Diego Olympic Training Site Committee, 1988. American Bar Association, Model Procurement Code Project, 1979. AWARDS Bronze Star Medal with Combat "V," 1968. Certificate of Commendation, San Diego Police Academy, 1977. Certificate of Appreciation, National Black Law Students Association, 1985. Certificate of Appreciation, National Right co Work Committee, 1985. . Certificate of Commendation, Empire Lodge, Fraternal Order of Police, 1991. Medal of Merit, Friendly Sons of St. Patrick, 1991. Presidents Gavel, Marine Corps Reserve Officers Association 1991. Resolution, National Alumni Association, Mount St. Mary's College, 1991. Meritorious Service Medal 1992. Certificate of Appreciation, San Diego Unified Port District, 1995. New York State Conspicuous Service Cross, 1995. PROFESSIONAL PUBLICATIONS AND PRESENTATIONS "The Narrowing Scope of the Permissible Use of Deadly Force," Law Enforcement Ouarterlv, Volume 9, NO.4, 1983. Officer Involved Shootings, California Peace Officers' Association, Anaheim, California, 1984. Employee Discipline, League of California Cities, Berkeley and Irvine, California, 1985. Legal Implications of Employee Drug Testing, American Public Power Association, San Diego, California, 1985. Civil and Vicarious Liability, IDternational Association of Chiefs of Police, San Diego, California, 1986. Employee Drug Screening Programs, Greater Inland Empire Municipal Law Association, 1986. Panel Participant, Legal of California Cities, "Ask the Experts," San Diego, California, 1988. Employee Benefits and Tax Reform, National Institute of Municipal Law Officers, Washington, D.C., 1988. "Marine Corps Civil Affairs Comes of Age," Civil Affairs in the Persian Gulf War, United States Army JFK Special Warfare Center and School, Fort Bragg, North Carolina, 1991. Contributor, "AIDS in the Workplace - A Practical Guide for. the Employers," The Urban Lawver, Fall 1992, Volume 24, No.4. Commentator, American Bar Association, Central and East European Law Initiative, 1994. CIVIC ORGANIZATIONS National President, Marine Corps Reserve Officers Association, 1990-1991, Vice Chairman of the Board of Directors, 1991-1992. National President, Khe Sanh Veterans Association, 1~~;. Vice President, Kensington Social and Athletic Club, 1982-Present. Moderator Law Explorer Post 2003, Boys Scouts of America, 1978-1981. . Consumer Representative, Autocap Panel, Motor Car Dealers Association of San Diego County, 1983-1985. American Legion Post #275, La Jolla, California. Friendly Sons of St. Patrick. Board of Advisors, Vietnam Veterans Leadership Program of San Diego, 1984-1986. HISTORICAL CONTRIBUTIONS "Television Vietnam - The Inc., Washington, D.C., "Khe Sanh - Seige Beneath 1989. "Valley of Decision" John Prados .and Ray Stubbe, Houghton Mifflin Company, Boston, 1991. Impact of Media" 1985. The Clouds," Eric Accuracy in Media, Hammel, Crown Books, MILITARY Colonel, United States Marine Corps Reserve (Ret.). Infantry Officer, 1st Battalion, 26th Marines, Republic of Vietnam, 18 months, 1967-1968. Commanding Officer, 4th Tank Battalion, San Diego, 1985-1986. Officer in Charge, Marine Corps Mobilization Station, Albuquerque, New Mexico, 1988. Commanding Officer, 3rd Civil Affairs Group, Los Angeles, California, 1990-1991, Operation Desert Shield/Storm, Saudi Arabia - Kuwait. Graduate, United States Army War College, Carlisle Barracks, Pennsylvania, 1993. Defense Economics and Decision Ma~dng, Naval War College, Newport, Rhode Island, 1984. Reserve Officer National Security Course, National Defense University, 1983. Marine Corps Command and Staff College, 1977. 1eV2EV96 08: 17 CITY ATTORNEY ~ 6195655612 : ,;1 NO. 273 (;lell Post-II" Fax Note " CoJDopL 7671 Co. ........ -,' Fax' PlIone ,~:eb- '"1"7 ~ Fax' a -'l a.l5"" ~(u.. - cm::o.= IUIA:VISTA ~ TH~.P IlY ~AGER. , . . ootober 24, 1996 John Kaheny 5151 Roxbury Road San Diego, CA 92116 . ! Dear John: ! ; I Actinq as 'l:he neqot.iator f* the cit.y council, t aD t.ransmit.ting a summary of the terJIIS and ~ona:rti1ons of a job offer lIIllde to you verbally on behalf of the :city of Chula vista. If you have any questions, or changes you woul!l"tike lIIade, pleaca lat lIIe know. ; 1,"lt,"',,"1 . posi~ion _ The tit18 oflth. po.i~ion ~a city Attorney, which is an at w~ll unclassified, Exequtive:polu.tion ~n the City A'l:t.orney'. . office. . :1 1 ')\f Com1:)en9ation _ The oOlllp~n~lItfonl'\paclcage would inolude an annual salary of $116,191,. and;: the., payment . by the ci ty of your contribut.ion' toward the Pl)blic ElIplcyee Retirelllent Syst-elll (7%). After six months of e1IIp1oyaent, the city council will conduot a performance/salary re:view tor your position. . , A port-ion of the salary ~n be taken as deferred compensation within appli=hle law. '!'be city has two deferred compensation programs, the tCMA Retir,eDent corporation and Great Western savings. . / The city does ~ot part.ici~ate in sooial ~ecurity, so there is no deduction for Social Sequrity. However, due to a Federal regulation affectinq all n~w hire. in public employment, there is a deduc;:tion for Medicare o~ 1.45% of salary annually. . . . . j:. ,. ~ B~n..1'itB _ Regarding vacat~on,:i.~ve, you will accumulate vac.ation leave at the rate of 3 weeks. ~r year. The City provides seven hard holidays per year" plUS ~~u; floating holidays per year which ean be used any tillle during the year. In addition, the city has an administrative leave policY, which provides 7 days administrative leave annually for executive manaqers. I ,- - -,. Regarding sick leave, you!will accumulate sick leave benefits at the rat.e Of 96 hours per year... Also, if you use four days of sick leave or less annually, y~u have the option of converting 25% of the remaining annual. sick !leave ,balance into P~l'; 276 FOURTH AVENUe. CHULA VIS~A . CAl.IFORNIA 91910 . (610) 601-5031 . FAX (619) 566-5612 1:!o..........- tt; 16/28/95 E18:18 CITY ATTORNEY ~ ,519~12 , : II: ! ; I NO, 273 [;lEJ2 ; I You will receive a. market ))asket 01: $7,000, which includes sufficient money to coveribasiC health insurance 1:or yourself and your dependents through YClI1i choice 01: either Kaiser or Health Net. Any excess aaount can bejutilized for health, dental and vision care, etc. Also, up to ast of the market baskQt can be used for deferred compensation if! matched by an equal amount frolll the eaploye.. You will aleojreceive a life insurance pOlicy paid by the City in the aaount oC $50,000, as well as a fully paid lon~- term disability policy. : : II Attendance at conference~ ancil!traininq eessions is encoura~ed and bud~eted each year as patt of, the annual bUd~et process if funds are available. The 1996!-97 approved travel budget for the ,City Attorney's Oft ice is $3,2pO. I The City Will' pay your ~tat~I' Bar AlilliIocilltion dues, and an auto allowance of $320 per mOll'th. i Finally, 1: understand th~t you"will b891n working in Chula vista approximately 30 day after you qive notice to your current employer. YOU indicated! that you will provide a specifio date after you return to yoqr ottice on Monday, october 28, 1996. However, ple... be adviB~d tnat the City Council IIIay take ,final action on the above desc,r1bed terms and conditions at a special meeting of oot;ober 2~, ; 19961", or at their regular meeting of November 5, 1996. ; ",,:,,n, ' .' ". .~" ; I believe this l!IUlIIIIlarizes: th4l]ij!':lor points which we have discussed r.~arding your prospeotivti) ellip~oyment with the city ot Chub vista. Let me know if they are ~cceptable 80 that council may take final action and announoe your:appo!ntment at their meetin9. !, ,r " ~. ' Sincerely, ACCBPTED BY: ,. 'P~ ~C.), JOO:mab '.' ~. 1, ;11-'7'1 John D. Goes' city Manager :. .1" ",-, ! ;";'.,' -' '.1. . ":-, i OITY OF CHULA VISTA , ' ,