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Home My WebLink AboutAgenda Packet 1993/10/26 Tuesday, October 26, 1993 6:00 p.m. 4!1 dec!are under penalty of perjury that t aM c;i1pln:,ced by the City of Chula Vista in the (;., ice of the City Clerk and that I posted t;.is AgenJafNotice an the Bulletin Board at Council Chambers t~.e Public S n( es Building and at City Hilll 0 _D bl' S . B 'ld' tAn::D~ 1C''t;l) '} SIGNED " . ~u IC emces Ul mg Re CAIJ.. TO ORDER 1. ROIl. CAIJ..: Councilmembers Fox _, Horton -' Moore -' Rindone _, and Mayor Nader _ 2. PLEDGE OF AIJ.EGIANCE TO THE FLAG. SILENT PRAYER October 19, 1993 (City Council Meeting), October 20, 1993 (Special Meeting of the City Council). 3. APPROVAL OF MINUTES: 4. SPECIAL ORDERS OF THE DAY: a. Presentation on Proposition A - The Citizens Commission on Local Government Restructuring - Brian Bilbray, Chair, San Diego County Board of Supervisors, will make the presentation. b. Presentation on the Visual Arts Program at Valle Lindo School to celebrate Arts and Humanities Month - Dency Souval, Cultural Arts Commissioner, will coordinate a five minute presentation involving staff and students of Valle Lindo Elementary School and highlighting the artistic achievements of the school's Visual Arts Program. CONSENT CALENDAR (Items 5 through 10) 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 Form- available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) 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 rust items of business. 5. WRITTEN COMMUNICATIONS: a. Claims against the City: Claimant Number 1 - Kirk Walker, c/o Gustavo B. Slovinsky, Esq., Slovinsky & Slovinsky, Attorneys at Law, 310 "I" St., Chula Vista, CA 91910; Claimant Number 2 - Rose Elrick, c/o Matthew G. Markham, Esq., Law Offices of Kim Newbrough, 5211 University Ave., San Diego, CA 92105; Claimant Number 3 - Rosalinda B. Sunga and Claimant Number 4 - Arce Sunga, c/o Andrew H. Wilensky, Attorney at Law, 1620 Fifth Ave., Suite 801, San Diego, CA 92101. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management, that the claims be denied. Agenda -2- October 26, 1993 6. ORDINANCE 2574 AMENDING SECTIONS 5.54.010, 5.54.030, AND 5.54.050 OF TIlE MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING TO TAXICAB REGULATION AND UCENSING (first readin~) - Following oral comments at the first reading of the ordinance on 10/19/93, staff met with a local taxi operator to discuss his concerns about the Council action. On the basis of the input, staff is recommending one minor modification to the ordinance and thus its re-introduction for first reading. Staff recommends Council place the ordinance on first reading. (Chief of Police) 7. RESOLUTION 17285 AUrnORIZING TEMPORARY STREET CLOSURES ON SUNDAY, DECEMBER 5,1993 OR SUNDAY, DECEMBER 12, 1993, FOR TIlE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT TIlE ANNUAL STARLIGHf YULE PARADE, AND WAIVING OF FEES FOR ClTY- PROVIDED SERVICES AND SUPPUES - The Chula Vista Downtown Business Association is requesting permission to conduct the annual Starlight Yule Parade on Third Avenue on Sunday, December 5, 1993 or Sunday, December 12, 1993. Staff recommends approval of the resolution subject to staff conditions. (Director of Parks and Recreation) 8. RESOLUTION 17286 APPROVING A SEWER SERVICE a-IARGE REFUND FOR TIlE SWEE1WATER UNION I-llGH SCHOOL DISTRICT FOR TIlE 1992/93 SCHOOL YEAR; AND APPROPRIATING AN ADDITIONAL $51,602.97 FROM FUND 225 - On 8/26/93, the City Manager approved the sewer service charge variance for five schools in the Sweetwater Union High School District. The Municipal Code allows for a rebate retroactive to ninety days prior to the date the variance application was submitted, which was 8/13/92. It is recommended that the District receive a sewer service charge rebate of $51,602.97 for excess charges paid during the 1992/93 school year based on the revised method of billing approved in the variance. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 9. REPORT CONSIDERATION OF TIlE REORGANIZATION OF 1.05 ACRES OF VACANT LAND LOCATED AT 4045 PALM DRIVE, BONITA, KNOWN AS TIlE "CI-llA CHU REORGANIZATIONR - Annexation to the City is necessary for the extension of sewer service to facilitate construction of a single family residence. Council approved prezoning for the site on 5/11/93 (Ordinance 2557), and the applicant is currently processing building plans. Staff recommends approval of the resolutions. (Director of Planning) RESOLUTION 17287 APPROVING TIlE PROPOSED"CI-llA CHU REORGANIZATION" 10. REPORT SAN DIEGO LOCAL AGENCY FORMATION COMMISSION'S PROPOSED "UNINCORPORATED COMMUNITIES pouer - The San Diego Local Agency Formation (LAFCO) has been working for several months on a proposed policy that would address the means by which unincorporated communities are evaluated in conjunction with new incorporation proposals and City "sphere of influence" updates. At the LAFCO Board meeting on 9/13/93, the LAFCO Commission considered a draft policy Agenda -3- October 26, 1993 entitled "Recognition of Unincorporated Communities During Incorporation Proceedings and City Sphere of Influence Updates," and voted to refer it back to all cities for additional review and comment. Since that time, several of the cities have met twice with LAFCO to discuss concerns regarding the proposed policy, and LAFCO has prepared a revised draft policy which addressed several of the concerns raised by cities. The LAFCO Commission will reconsider the revised policy at its meeting on 11/1/93. Staff recommends Council authorize the City Manager to forward a letter to the LAFCO Commission stating its opposition to the proposed policy. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item. please fill out the -Request to Speak Form- available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual 11. PUBUC HEARING TO CONSIDER TIIE VACATION OF UNNAMED ROADS LOCATED AT TIIE SOU1l-IEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOULEVARD (pALOMAR TROllEY CENTER) - Sunbelt Management Company, c/o Latigo West Development Company, is the owner of the proposed development along the south side of Palomar Street between Broadway and the Palomar Trolley Station east of Industrial Boulevard and has requested right-of-way vacations of unnamed roads by the City in order to utilize the vacated land for the Palomar Trolley Center development. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17288 ORDERING TIIE VACATION OF UNNAMED ROADS LOCATED AT TIIE SOU1l-IEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOULEVARD (pALOMAR TROllEY CENTER) 12. PUBUC HEARING CONSIDERATION OF ADOPTION OF AN INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEE AND CONSIDERATION OF MODIFICATION OF TIIE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE - On 8/20/91, Council approved a contract with Howard Needles Tammen and Bergendoff (HNTB) for professional services in preparing a report which would analyze future transportation needs in Chula Vista and help staff develop contingency plans in the event that SR-125 is not constructed in a timely fashion. HNTB has completed the report which contains a recommended roadway system, and a recommended financing plan. It also provides background and discussion of issues considered in developing the proposal. Staff recommends Council open the public hearinS!:. take testimony. and continue the public hearinS!: to the meetins!: of 1119/93. (Director of Public Works) Continued from the meeting of 9/28/93. Agenda -4- October 26, 1993 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. (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 yeHow -Request to Speak Under Oral Commu.nications 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. 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 Committees. None submitted. 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 publU:. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a -Request to S~ fonn available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. STAFFING OF MAYOR/COUNCIL OFFICE - Ordinance and resolutions to be provided to Council at Tuesday night's meeting. (City Manager) 13. REPORT UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be given by staff. 14. REPORT ITEMS PULLED FROM TIlE CONSENr CALENDAR This 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. Public comments are limited to five minutes per individual OTIiER BUSINESS 15. CIlY MANAGER'S REPORT(S) a. Scheduling of meetings. 16. MAYOR'S REPORT(S) a. Ratification of appointment: Jon Jamieson - Youth Commission. 17. COUNCIL COMMENrS Agenda -5- October 26, 1993 ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 10/19/93. Potential litigation pursuant to Government Code Section 54956.9 - Schaefer vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding tipping fee surcharge. Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego Palm Plaza Project. The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/County Board of Supervisors on Thursday, October 28, 1993 at 3:00 p.m. in the City Council Chambers, thence to the Regular City Council Meeting on November 2, 1993 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. October 19, 1993 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Manager//1 SUBJECT: City Council Meeting of 26,1993 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, October 26, 1993. 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AGENDA STATEMENT Item~ Meeting Date 10(26/93 ITEM TITLE: Presentation: to Celebrate Arts and Humanities Month a presentation will be made on the visual arts program at Valle Lindo School SUBMITTED BY: Cultural Arts commission~ Dency Souval, a City of Chula Vista Cultural Arts Commissioner, will coordinate a five minute presentation involving staff and students of Valle Lindo Elementary School and highlighting the artistic achievements of the school's visual arts program. wp\cultart 1-)/:;-/ COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10-26-93 ITEM TITLE: claims Against the city REVIEWED BY: Director of perSODDe~ city Manaqer...Jb) b~ ;..4 (4/5ths Vote: Yes No~) SUBMITTED BY: claimant No.1: Mr. Kirk Walker c/o Gustavo B. Slovinsky, Esq. Slovinsky , Slovinsky Attorneys at Law 310 "1" street Chula vista, CA 91910 On september 17, 1993, a claim for $100,000.00 was filed by Mr. Kirk Walker against the City of Chula vista. The claim for personal injuries was filed in connection with a motorcycle versus automobile colli- sion on May 10, 1993 in the City of Chula vista. It is alleged the City is responsible for the collision due to roadway conditions at the site. Due to remote liability on the part of the City, it is the recommen- dation of the City's claims adjustors, Carl Warren' Company, and Risk Management, that the claim be denied. Claimant No.2: Ms. Rose Elrick c/o Matthew G. Markham, Esq. Law Offices of Kim Newbrough 5211 university Avenue San Diego, CA 92105 On september 20, 1993, a claim for $37,000.00 was filed against the city by Ms. Rose Elrick, for injuries she allegedly received when she tripped and fell over a wheelchair ramp on Third Avenue. It is alleged the City was responsible for her fall due to negligent installation of the wheelchair access ramp. Due to remote liability on the part of the city, it is the recommen- dation of the City'S claims adjustors, Carl Warren , company, and Risk Management, that this claim be denied. Form A-113 (Rev. 11/79) 5'CL -' J ITEM MEETING DATE 10-26-93 ,.- ~()<.; Claimant No.3: Claimant No.4: Ms. Rosalinda B. Sunga Mr. Arce Sunga c/o Andrew H. wilensky Attorney at Law 1620 Fifth Avenue, suite 801 San Diego, CA 92101 On september 21, 1993, Ms. Rosalinda B. Sunga and Mr. Arce Sunga filed a claim against the City of Chula vista for an amount within the jurisdiction of the superior Court. The claim alleges Ms. Sunga tripped and fell over a step-curb near the Employment Development Department on April 8, 1993 and the City was responsible due to the dangerous condition of the curb. Due to remote liability on the part of the City, it is the recommen- dation of the city's claims adjustors, Carl Warren 'Company, and Risk Management, that this claim be denied. RECOMMENDATION: Deny the above four claims. j ,...r .3 C<.-- -- ~ COUNCIL AGENDA STATEMENT Item Meeting Date 10/26/93 (p ITEM TITLE: Ordinance c2.5' 7 Jj Amending Sections 5.54.010, 5.54.030, and 5.54.050 of the Chula vista Municipal Code and adding a new section 5.54.055, relating to taxicab regulation and licensing. SUBMITTED BY: Police Chief~ ~ REVIEWED BY: City Manager J~ \t(j/ A (4/Sths Vote Yes_No~) Following oral comments at the first reading of the ordinance on October 19, staff met with a local taxi operator to discuss his concerns about the Council action. On the basis of this input, staff is recommending one minor modification to the ordinance and thus its re-introduction for first reading. RECOMMENDATION: 1. Re-introduce the ordinance, as amended, for first reading, amending sections 5.54.010, 5.54.030, and 5.54.050 of the Chula vista Municipal Code and adding a new section 5.54.055, relating to taxicab regulation and licensing. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: Mr. Don Wallace of Chula Vista Taxi met with staff following the October 19 Council meeting. His written comments are attached. On his first point, concerning the technology used to dispatch cabs, staff concurs with Mr. Wallace that additional flexibility ~:~-~:y w~~~~~t~~~mu~~~a ~~~~n~*0;~b~i.~iiy~;ii,iifii0;Y:~'.{:0:.ii:~lig !~':.:~PP:!.~~~!:!e~~~e.e.~~~il?Yiii~~~~~~:':~~:':"!~~~'e~~............................ His second point concerns regulation of maximum fares. Mr. Wallace argues that public perceptions of independent taxicab operators may be negatively impacted if some independents feel the need to charge the maximum allowable rates. While some such perceptions may be created, staff does not see this as sufficient justification for inhibiting any financially-strained taxicab companies from recovering their costs through a reasonable fare. Thus, staff is not recommending any further changes in the maximum fare structure. FISCAL IMPACT: There is no fiscal impact to this recommended amendment and no direct cost to the city from the overall staff recommendation. &-;/6-2- ORDINANCE NO. 02 571./ AN ORDINANCE AMENDING SECTIONS 5.54.010, 5.54.030 AND 5.54.050 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING TO TAXICAB REGULATION AND LICENSING. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: Section 5.54.010 of the Chula vista Municipal Code is amended to read as follows: 5.54.010 Purpose-Intent. The purpose of this chapter is to regulate taxicab operators in the city to best serve the public interest and to permit a sufficient degree of flexibility in operation so as to allow an increased number of vehicles to be operated under the direction and supervision of a certified operator during peak demand hours. Any vehicles operating and picking up passengers within the city shall first have paid the license tax and administrative fee provided in the master fee schedule and meet all requirements for the operation as set forth in this chapter. It is the intent of the city to prohibit the transfer of a certificate by an approved operator. It shall be required that any such operator surrender his certificate to the city if he should cease to do business within the city. It io further the intent of the city council that all taxicabo operating \lithin the city ohall be owned by the certified operator. (Ord. 2003 ~2 (part), 1982). SECTION II: Section 5.54.030 of the Chula vista Municipal Code is amended to read as follows: 5.54.030 Definitions. For the purposes of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "certified operator" means a person authorized by the Police Chief to operate a taxicab or taxicabs in the city and who has been issued a certificate for the operation of such vehicles. B. "Driverll means every person in charge of, or operating, any passenger-carrying or motor-propelled vehicle, either as agent, employee, or' otherwise, of owner, as owner, or under the direction of the owner. &'"3 C. "Person" means any individual, partnership, association, corporation or other organization owning, operating or proposing to operate any taxicab or taxicabs within the city. D. "street" means any place commonly used for the purpose of public travel. E. "Taxicab" means every automobile or motor-propelled vehicle of a distinctive color or colors, andjor of public appearance such as in common usage in this country for taxicabs, (e.g., vehicles such as pickup trucks and dune buggies would not normally be used for taxicab purposes), and jor operated at rates per mile, or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the city, and not over a defined route, and irrespective of whether the operations extend beyond the boundary lines of the city, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same. G. "Taximeter" means and includes any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronicallY calculated for distance traveled and time consumed, and upon such instrument, appliance, device or machine such charge is indicated by figures. lL.. "Flaa drop" means the startina of the taximeter at the time that the taxi is hired. Flaa drop mav also be understood to mean the initial charae assessed at the time the taxicab is hired. COrd. 2408 ~1 (part), 1990; Ord. 2003 ~2 (part), 1982). SECTION III: section 5.54.050 of the Chula vista Municipal Code is amended to read as follows: 5.54.050 certificate-Application-Investigation required. Before any application is acted upon, the Police Chief shall cause an investigation to be made of: A. The number, kind and type of equipment and the color scheme to be used. All vehicles, if they are more than two years of age, must have on deposit with the city a certification showing that an annual inspection meetina the reauirements and standards set forth in section 5.54.055 has been made by an acceptable government agency or an inspection station licensed under section 9887.1 of the Business and Professions Code of the state and approved by the Chief of Police or designee. Failure to satisfy said inspection requirements may result in the suspension of the certificate for said vehicle until necessary corrections have been made. Said inspection shall (,~'1 be renewed on an annual basis on the anniveroary date of aaid t'iiJO year age limit. All vehicles shall be owned by the holder of the certificate certified Operator. Where certified Operator is an association. each member of the association shall be the owner of that member's taxicab(s). All vehiclco ohall be equipped \:ith a light on top clearly identifying the vehicleo aD taxicabo. B. Applicant ohall agree that he Each certified Operator shall be the owner of said vehicleo taxicabs and shall maintain said vehicles in a clean and sani tary condition at all times. Where certified Operator is an association. each member of the association shall be the owner of that member's taxicab(s). and be responsible for maintaininq that member's vehicle(s) in a clean and sanitary condition at all times. If any of said vehicleo taxicabs are leased to drivers operatoro by the Certified Operator holder of the certificate, the certified Operator holder of the certificate shall immediately provide the Police Chief with a copy of said lease; or names of lessees holding leases in a form previously submitted and on file; provided, however, that such lease arrangement shall not relieve the certified Operator certificate holder of any responsibilities and obligations for the safe maintenance and cleanliness of the .vehicleo taxicabs which has been leased. (Ord. 2408 91 (part), 1990; Ord. 2003 92 (part), 1982). SECTION IV: A new section 5.54.055 is added to the Chula vista Municipal Code to read as follows: 5.54.055 Inspection criteria, Specific criteria for taxicabs to pass inspection shall be determined and published in policy form by the Chief of Police or desiqnee. Minimum vehicle taxicab standards which must be maintained to comply with this section shall include, but not be limited to, the following: (A) Tires. Tires shall meet the requirements of the California Vehicle Code; Hubcaps or wheel covers shall be on all wheels for which hubcaps or wheel covers are standard equipment. (B) Taximeter. Taximeter shall have been inspected, tested, approved and sealed by an authorized representative of the state of California, and thereafter so maintained in a manner satisfactory to the Chief of Police or designee. Taximeter shall be working with the inspection seal in its original, unbroken state; (C) Brakes. Brakes, brake lights or brake system shall be operable and otherwise meet the requirements of ~-5 the California Vehicle Code; Both the parking and hydraulic or other brake system must be operable. (D) Mirrors. Side and rear-view mirrors shall not be missing or defective: (E) Interior/Exterior. The interior and exterior of the vehicle taxicab shall be maintained in a safe and efficient operating condition, and meet California Vehicle Code requirements and the requirements of this Ordinance at all times when in operation. (F) Interior. The interior of each vehicle taxicab and the trunk or luggage area shall be maintained in a reasonably clean condition, free of foreign matter, offensive odors and litter. The seats shall be kept reasonably clean and without large wear spots. The door handles and doors shall be intact and clean. The trunk or luggage area shall be kept empty except for spare tire, and personal container for the driver not exceeding one (1) cubic foot in volume and emergency equipment, to allow maximum space for passenger luggage and belongings. (G) Body Condition. There shall be no tears or rust holes in the vehicle taxicab body and no loose pieces hanging from the vehicle taxicab body. Fenders, bumpers and light trim shall be securely fixed to the vehicle taxicab. No extensive unrepaired body damage shall be allowed. The vehicle taxicab shall be equipped with front and rear bumpers. The exterior of the ~Jehicle taxicab shall be maintained in a reasonably clean condition so as not to obscure the approved color scheme and/or vehicle taxicab markings. (H) Paint. The vehicle taxicab shall be painted and marked in accordance with section 5.54.260 of this Municipal Code. (I) Lights. Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, and interior lights shall all be operable. (J) Wipers. Each ~Jehicle taxicab shall be equipped with adequate windshield wipers maintained in good operating condition. (K) steering. Excessive play in the steering mechanism shall not exceed three (3) inches free play in turning the steering wheel from side to side. (L) Engine. The engine compartment shall be reasonably clean and free of uncontained combustible materials. ~,-? (M) Mufflers. Mufflers shall be in good operating condition. (N) Windows. The windshield shall be without cracks or chips that could interfere with the driver's vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a reasonably clean condition so as not to obstruct visibility. (0) Door Latches. operable from both the vehicle taxicab. All door latches shall be interior and exterior of the (P) Suspension. The vehicle taxicab's suspension system shall be maintained so that there are no sags because of weak or broken springs or excessive motion when the vehicle taxicab is in operation because of weak or defective shock absorbers. (Q) Seats. All seats shall be securely fastened. Seat belts, when required by the California Vehicle Code, shall be installed. The upholstery shall be free of grease, holes, rips, torn seams and burns. (R) Each taxicab shall be equipped with a device which shall plainly indicate to a person outside the taxicab whether the taximeter is in operation or is not in operation. (S) Each taxicab shall be assigned a body number by the permit holder certified Operator. The trade name and body number shall be painted or permanently affixed in letters and numerals no less than four (4) inches high on both sides and the rear of the taxicab. (T) All taxicabs shall be equipped and operated so that they may be dispatched by two-way radio communication ar:::6.Ene.r ~11111:~II:I~;~III*~~i'!~~~A'~~~~~~WleE;lP\~.~~'g~Hl'~.~~~Q!!!!' f'BFservICeEya' prospective passenger. ~fi~q.~qqij~~~mgnt:::::::mAY !9~~!m~!t~OO!~~~3~:mq~~~~:.:~~~~.~~Dffim~m~!~~~!~f~~~:~:....H (U) All vehicle taxicabs shall be equipped with a light on top clearly identifying the vehicle taxicabs as taxicabs. (V) Ne Anv other aspect of the vehicle taxicab's condition ohall exiot which reasonably and rationally pertains to the operating safety of the vehicle taxicab or to passenger or pedestrian safety. Any vehicle taxicab which fails to meet the requirements of the California Vehicle Code, this section or other inspection criteria as delineated in policy form by the Chief of Police, shall be Is,-? immediately ordered out-of-service by the inspecting individual or agency. Said agency shall immediately inform the Chief of Police or designee of any such actions. Ordering a vehicle taxicab out-of-service does not constitute a suspension or revocation of the permit. permi ts for vehicle taxicabs which have been ordered out-of-service may be transferred to other taxicabs owned by the same co:mp~ny certified Operator which did not carry a valid permit for the City of Chula vista. Resumption of in-service status shall be contingent upon remedy of any deficiencies or violations noted in the failed inspection. For all vehicle taxicabs so reinstates! to in-service status, the inspecting individual or agency shall immediately inform the Chief of Police or designee of any such actions. SECTION V: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by lty Attorney Rick Emerson, Chief of Police A: \TXORD. 4 &'-'5 October 20 1993 Chuia Vista Taxi 512 Tamarack Ct Chula Vista Ca 91911 - 6010 Mr Gerald Young Administrative Assistant City of Chula Vista Chula Vista Ca 91910 - 2631 Dear Mr Young This letter is in response to Item 12 dated 1 Oi19/9~, t'',lhich made recommendations concerning taxi regulation in the City of Chula Vista. I believe the majority of independent taxi operators concur with the City Councils' comments regarding the thoroughness and balanced approach contained in the staff recommendations. I ~lIas taken aback by the reaction of one of the council members reaction 1'lIhen I asked for time to reVieli'J the recommendation As one of the individuals most affected by taxi related matters I felt it ~'Jas a reasonable request, I wasn' objecting to the recommendation but merely wanted a chance to offer comments on this important document, Accordingly, please reconsider the follot'Jing tt'JO (2i items contained in the recommendations: Under proposed addition 'Section IV: 5.54.055 Inspection Criteria' (20) "AJI taxicabs shall. .may not be met by use of a mobile radio telephone service." This proposal does not affect the larger companies significantly as they all have radio communications as a matter of course, particularly in the case of Yello\l'J Cab lioJhose dispatch function is nOli'J being done by computer. hOl/llever. some of the smaller Otl'Jners It'Jho receive cellular calls from some of the independent operators on an as needed basis v'Jould be adversely affected and It'Jould have a dirficun time surviving on pick-up business alone. Of course. currently FCC licensed and radio equipped operators such as myself V'Jould lose flexibilty by not having additional capacity during busy times. Resolution No. 17273 I believe your fare adjustment recommendations are eminently fair-minded and seem to benefit the taxi industry generally. hOI/\Jever. having sat in a cab for quite a (eli~ hours in the past several years I believe the amounts you have set will do more harm than benefit. Please consider the follol/~ing : Iv10st of the cabs in the city set their rates to conform to that of Yello\I'J Cab - $1.20 drop. $1 ,60imile. $12.00Ihr. t~aiting time or something very close to those figures. Most operators, recognizing the ovenrJhelming influence of Yello\l\l Cab accept these amounts.hol,'Jever. some operators v'viil charge the proposed amounts and t/'4i11 alienate customers vllho have overcome their doubts about independent taxis and ["Jill have their I'Jorst fears reconfirmed that, · the independent cabs charge too much". with the result that some customers tlllill never set foot in an independent cab again.lf you find some merit in this argument please consider the folloli'Jing alternate maximum amounts - $1.40 drop. $1.S0imile, $14,QOihr.ti\laiting time. Happily, these alternate amounts (."JiII also benefit the taxi riding public in the City. Sincere~J, Oov--{,,-) 6.--tl()....LLj Don V\lallace - ot/llner & --1 COUNCIL AGENDA STATEMENT ITEM: Item Meeting Date 10/26/93 ........ R I. /7 ~ 8".5 h .. I S d b 5 eso utIon aut onzmg temporary street c osures on un ay, Decem er , 1993, or Sunday December 12, 1993, for the Chula Vista Downtown Business Association to conduct the annual Starlight Yule Parade, and waiving of fees for City- provided services and supplies. SUBMITTED BY: Director of Parks & ReSIe~tio/ REVIEWED BY: City ManagcrJ<; ~ ~\ (4/5ths Vole:_No X) The Chula Vista Downtown Business Association is requesting permission to conduct the annual Starlight Yule Parade on Third Avenue on Sunday, December 5 or, in case of rain on that date; Sunday December 12, 1993, and is requesting various City-provided services and supplies. 7 RECOMMENDATION: That Council approve the Resolution, subject to staff conditions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The Chula Vista Downtown Business Association (DBA) is requesting permission to conduct the 31st annual Starlight Yule Parade on Sunday, December 5, 1993. A rain date is being requested for Sunday, December 12, 1993. The DBA is also requesting City support services and equipment. The parade route will be along Third Avenue, between "R" Street and "E" Street. A diagram of the area is attached (Attachment A). This is the same parade route that has been used for a number of years. Third Avenue will be closed between "I" Street and "D" Street, to allow for the staging and subsequent dispersal of the participating units. "R" Street and "E" Street will be closed between Second and Fourth Avenue, and all other east-west streets that intersect Third Avenue between "I" Street and "D" Street will be closed at the nearest point of detour to Third Avenue. Second and Fourth Avenue will remain open to traffic at all times during the event. Chula Vista and San Diego Transit busses will run on alternate detour routes. The parade is scheduled to begin at 5:00 PM. Staging for the parade will begin at approximately 3:00 PM, and will take place in the County Regional Center parking lots, and on Third Avenue between "I" Street and "R" Street. The DBA is anticipating approximately 100 participating units in the parade, which will include marching bands, miscellaneous marching units, floats, and other vehicles. The DBA has sent a notice to all businesses and residences affected by the street closure stating the date and time of Council's consideration of approval for the event. The DBA is requesting the following City-provided services and supplies. This request is similar to prior support requests from the DBA: 1. Waiver of all fees for City services provided for the parade. The amount to be waived will 1 7-1 Item~ Meeting Date 10/26/93 be approximately $4,720. 2. Permission to close Third Avenue between "I" Street and "D" Street, and to close all east-west streets intersecting Third Avenue between "I" and "D". "H" and "E" Streets will be closed between Second and Fourth to allow for parade staging and dispersal. Street closures would take place on some streets at approximately 2:30 PM, with all streets closed by 4:45 PM. Streets will re-open as soon as possible following clean-up after the event. 3. Permission to post "No Parking" signs on Third Avenue along the parade route. No Parking will be in effect from 4:00 - 9:00 PM. 4. Police services for crowd and traffic control from 3:00 PM to approximately 9:00 PM. (Police Department cost estimate - $ 3,100.00 - Reserve and aT pay). 5. Use of the City's portable stage, P A system, folding chairs, and delivery, set-up, and removal of this equipment (Parks and Recreation Department cost estimate - $ 270.00 - aT pay). 6. Use of Parks Division personnel to clean-up trash along the parade route. ( Parks and Recreation Department cost estimate - $ 190.00 - aT pay). 7. Provision of street sweeping services immediately following the event. (Public Works cost estimate for contractual street sweeping - $ 240.00) 8. Provision, delivery, and removal of barricades, traffic cones, and other required traffic control equipment. (Public Works cost estimate - $ 920.00 - equipment rental and aT pay). These cost estimates do not include full cost recovery factors. The event is exempt from CEQA requirements with a Class 23 exemption. Approval should be subject to the DBA meeting the following conditions: 1. Provision of evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement which names the City as additional insured. 2. Execution of a standard Hold Harmless Agreement. 3. Distribution of written notification to all residences and businesses along the parade route and along other streets that will be closed to traffic, of the date, time, and duration of the event. 4. Provision of an adequate number of portable toilets along the parade route. 5. Provision and posting of "No Parking" signs along the parade route. Posting must take place 2 7'~ Item 7 Meeting Date 10126193 a minimum of twenty-four (24) hours in advance of the effective time. The Police Department, Risk Manager and Public Works Department concur with the conditions outlined above. FISCAL IMP ACf: Approximately $4,270 of overtime pay will be absorbed by the affected City departments. Attachment: A - Diagram of proposed event area 3 7-3 ST~'GHTYULEPARADl -,. smUT III J6 , ) Co ....., J~ ~ i ~ i ~- .. "A" lL ,- ~ o"'..,,""W -,- smUT , f7l If.J ! _$CUU "0. STREET "C. smEET "NUQiM' .,. STREET -,. STRUT . ..- W,"OIllll -r STREET -0" STAUT 7''-/ --.~--~-, - 'r c ~ i r J; I . . fi . . . ..1 . .. . . . I ., -..... RESOLUTION NO. J 702.~s RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING TEMPORARY STREET CLOSURES ON SUNDAY, DECEMBER 5, 1993 OR SUNDAY DECEMBER 12, 1993, FOR THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT THE ANNUAL STARLIGHT YULE PARADE, AND WAIVING OF FEES FOR CITY-PROVIDED SERVICES AND SUPPLIES WHEREAS, the Chula vista Downtown Business Association is requesting permission to conduct the annual starlight Yule Parade on Third Avenue on Sunday, December 5 or, in case of rain on that date; Sunday December 12, 1993, and is requesting various City- provided services and supplies; and WHEREAS, the parade route will be along Third Avenue, between "H" Street and "E" Street; and WHEREAS, the event is exempt from CEQA requirements with a Class 23 exemption. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize temporary street closures on Sunday, December 5, 1993 or, in the event of rain on such date, then on Sunday, December 12, 1993 for the Chula vista Downtown Business Association to conduct the annual Starlight Yule Parade subject to the Downtown Business Association meeting the following conditions: 1. provision of evidence insurance in the amount of of a certificate of endorsement which names insured. of general liabili ty $1 million, in the form insurance and policy the city as additional 2. Execution of a standard Hold Harmless Agreement. 3. Distribution of written notification to all residences and businesses along the parade route and along other streets that will be closed to traffic, of the date, time, and duration of the event. 4. provision of an adequate number of portable toilets along the parade route. 5. provision and posting of "No Parking" signs along the parade route. Posting must take place a minimum of twenty-four (24) hours in advance of the effective time. 7-~ BE IT FURTHER RESOLVED that the City Council does hereby waive the fees for City-provided services and sup ies. Presented by l Jess Valenzuela, Director of Parks and Recreation Bruce M. Attorney C:\rs\starlite 7,? COUNCIL AGENDA STATEMENT Item Meeting Date 10/26/93 ~ SUBMITTED BY: Resolution / 7 J.. 8" t, Approving a sewer service charge refund for the Sweetwater Union High School District for the 1992-93 School Year; and appropriating an additional $51,602.97 from Fund 225 Director of PUbli~ of w;~ ~ City Manager--..!j ~VJ (4/5tbs Vote: YesX- No_) ITEM TITLE: REVIEWED BY: On August 26, 1993, the City Manager approved the sewer service charge variance for five schools in the Sweetwater Union High School District. The Municipal Code allows for a rebate retroactive back to ninety days prior to the date the variance application was submitted, which was August 13, 1992. It is recommended that the District receive a sewer service charge rebate of $51,602.97 for excess charges .paid during the 1992-93 school year based on the revised method of billing approved in the variance. RECOMMENDATION: That the City Council adopt the resolution as stated herein. BOARDS/COMMISSIONS: Not applicable DISCUSSION: On August 13, 1992, the District formally requested a sewer service charge variance from their current method of billing on the basis that a significant amount of water the District consumes is used for irrigation and is not discharged to the sewer system. A chronology of the variance process is included as Exhibit 1. The District operates nine schools within the City of Chula Vista: Bonita Vista Middle School Castle Park Middle School Chula Vista Junior High School Hilltop Junior High School Eastlake High School Bonita Vista High School Castle Park High School Chula Vista High School Hilltop High School 8'/ Page 2, Item Meeting Date 10/26/93 ~ Section 13.14.130 of the Chula Vista Municipal Code states that any non-residential premises subject to the sewer service charge may be granted a variance by the City Manager. A sewer service charge variance can be justified by one of the following: 1. A non-residential user's wastewater contains a total suspended solids concentration sufficiently low as to qualify for a different sewer service charge strength category. 2. The water supplied to such premises is not substantially discharged into the sewer system. On January 15, 1992, staff met with Andrew Campbell of the Sweetwater Union High School District met to discuss the possibility of obtaining a sewer service charge variance based on the irrigation water usage. In a letter dated January 27, 1992, the District agreed to discontinue all irrigation at two schools for a one week test period. On March 24 and 31, 1992, City and School District staff read meters at Bonita Vista and Hilltop High Schools. Mter reviewing the results of the field investigation and attendance records provided by the District, staff determined that a reliable consumption factor per student could not be derived using water meter readings for these two schools because of wide divergence in the test results. Since the variance rate could not be based on the meter readings, staff then considered three years of water consumption records from the Sweetwater Authority and the Otay Water District. The month of March 1992 was used for the variance because it had the lowest average water consumption during Fiscal Year 1991-92 due to the amount of rainfall. Water usage during this month provided a good estimate of the water usage excluding irrigation. The water usage for the month of March 1992 for each school was divided by the number of students and staff members in attendance and the number of school days that month to derive a per capita daily wastewater discharge rate. The student/staff attendance records and the number of school days was provided by the District. The average wastewater discharge rate per student/staff member for most schools did not exceed five gallons per day. However, Chula Vista High School and Castle Park High School had the unusually high rates of 17.52 and 18.85 gallons per capita per day and high water consumption throughout the entire fiscal year. Neither the City or the District staff could explain why these two schools had significantly higher per capita water usage than the other schools. Therefore the five gallons per day average could not be used for these two schools. Also, Chula Vista High School and Castle Park Middle School have separate irrigation meters and are not billed sewer service charges on water delivered to these meters. Since it appears that the water usage for Chula Vista High School, Castle Park High School and Castle Park Middle School is not predominantly associated with irrigation, these schools were not included in the variance. Eastlake High School has seven water accounts, four of which are used for irrigation meters, one for fire service, and two for school usage. Since only the two latter accounts are charged for sewer service, it would not be appropriate to include this school in the variance. 0":< Page 3, Item Meeting Date 10/26/93 1 The sewer service charge variance includes Chula Vista Junior High, Hilltop Junior High, Hilltop High, Bonita Vista Middle and Bonita Vista High Schools. It is similar to an earlier variance granted to the Chula Vista Elementary School District. That variance is based on a sewage generation factor, the number of students and staff members per school per billing period and the number of school days. The regular sewer service charge is based on water consumption. Prior to approval of the variance the schools were charged for sewer service at the low-strength commercial rate of $1.47 per hundred cubic feet (HCF) of water consumed plus $0.06 per HCF for storm drain fees. This normal rate is based on the assumption that approximately 90% of the total water used is discharged to the sewer system. Since the charges under this variance are based on the total volume of sewage generated, and not the total water used, it is necessary to adjust the sewer service rate. Therefore, the low-strength commercial sewer service rate was divided by 0.90 to apply to wastewater discharge. For Fiscal Year 1993-94, this rate is $1.47 + 0.90 or $1.63 per HCF of wastewater discharged. This rate will be applicable to the 1993 summer school and the regular school year for 1993-94. The sewer service charges for the District variance will be calculated as follows: (Average daily attendance) x (Number of days school is open in the billing period) x (per capita sewage flow generation rate (0.0067 ReF per day) ) x (low-strength commercial sewer service rate + 0.90) = Sewer service charge per school. The per capita sewage flow generation rate of 0.0067 HCF per day was based on the water consumption history for Bonita Vista Middle School and is equivalent to five gallons per capita per day. This was the highest factor obtained for the five schools included in the variance and therefore was used as the representative factor for all the schools. On August 26, 1993, the City Manager approved the sewer service charge variance for five schools in the Sweetwater Union High School District. The sewer service charge variance will be implemented according to the formula and procedure stated herein. The variance rate will be subject to periodic change as a result of changing costs of wastewater treatment and maintenance of the City's sewer system. It will be reviewed on a yearly basis and will be modified in proportion to the change in the regular low-strength commercial sewer service charge. The sewer service charge variance is not applicable to the storm drain fee. The storm drain fee is based on $0.06 per hundred cubic feet of total water usage for all water accounts. Enclosure 1 is the billing form that will be used to calculate the sewer service charge for the schools eligible for the variance. The form also includes the storm drain fee and a billing charge. The Master Fee Schedule revisions adopted May 22, 1993 state that a minimum charge of $3.75 per building shall be included with each billing to cover administrative costs. Each school will be considered a building for purposes of this variance and a total administrative charge of $18.75 will be included for the five schools on each billing. 8"'3 Page 4, Item ~ Meeting Date 10/26/93 Section 13.14.130 of the Chu1a Vista Municipal Code allows a rebate for a maximum period of ninety days preceding the date of filing the variance application. Since the application fee was received on August 13, 1992, this variance could be retroactive to May 13, 1992. We propose that the District receive a rebate for the period of June 1992 through June 1993, since it coincides with the 1992-93 Summer term and the 1992 school year as well as the billing periods for the Sweetwater Authority and the Otay Water District. We did not go back to May 13, 1992, since separate water consumption and attendance data is not available for this period. The rebate is for the difference between the sewer service charges paid for the period of June 1992 through June 1993 and the sewer service charges based on the variance for the Summer, Spring and Fall terms. The storm drain fee is not included in the rebate, since the charges and method of billing have remained the same. The District paid a total of $68,308.18 for the five schools for the period June 1992 through June 1993 as shown in Enclosure 2. Based on the sewer service variance rate of $1.63 per HCF of wastewater discharge and attendance records provided by the District, the charge would have been $16,705.21 for the 1992-93 school year. The calculations for the sewer service variance charges are shown in Enclosure 3. The refund should be the difference between $68,308.18 and $16,705.21, or $51,602.97. FISCAL IMPACT: For Fiscal Year 1993-94, $58,000 was budgeted for Refund of Fees account, in the Sewer Service Revenue Fund. As of October 6, 1993, $56,389.94 remained in this account. It is anticipated that the current funds will be required for other sewer service charge refunds during the fiscal year and an additional $51,602.97 will need to be appropriated into account 225-2250-5420, Refund of Fees, to cover this refund. In the short term, this will have no impact on rates since the City has significant funds in the sewer reserves. In the long term, this may require a slight increase in the monthly fees. Since the total sewer budget is approximately $12 million, this represents less than 1/2% of our revenue system. Enclosures: 1. 2. 3. 4. Exhibit 1 - Chronology Enclosure 1 - Sample Memorandum NOT SCANNID Enclosure 2 - Non-Variance Sewer Service Charges NOT SCANNED Enclosure 3 - Variance Sewer Service Charges NOT SCANNED BVH: LS-001 F:\HOME\ENGINEER\AGENDA \SW AGENDA ~~i EXHIBIT 1 SWEETWATER UNION HIGH SCHOOL DISTRICT CORRESPONDENCE CHRONOLOGY DATE SUBJECT 8/29/91 Letter to Andrew Campbell, Sweetwater Union High School District (District), from Roger Daoust, regarding the increase in sewer service rates and revisions to the method of charging for sewer service and the storm drain fee to the Palomar High School, Chula Vista Adult School and Administration Center. General information regarding a sewer service charge variance and application fees was given. 1/6/92 Letter to Andrew Campbell, District, from John Lippitt requesting payment of the sewer capacity fees for EastLake High School. 1/15/92 Meeting between Andrew Campbell and John Lippitt regarding implementation of a sewer service charge variance. It was agreed the City would read water meters, with the irrigation water shut off for a one week period at Bonita Vista and Hilltop High Schools. 1/27/92 Letter from Tom Silva, District, to Roger Daoust, summarizing the meeting of 1/15/92. Two schools would prohibit irrigation of the fields and landscape meters for a one week period. It was also agreed in the meeting that the District would notify the City of all proposed school construction within the City so that utility rate fees can be determined. 3/16/92 Letter to Andrew Campbell, District, from Clifford Swanson. The District agreed to pay the sewer capacity fees for EastLake High School in the meeting of 1/15/92. If the District adds new capacity to an existing school, it shall pay the additional appropriate fee. If units are to be eliminated, the District would receive appropriate credit on future fees. 4/16/92 Letter from Tom Silva, District, to Roger Daoust requesting an update of the meter readings performed in March 1992. He also requested a time line and sequence of events that would be needed to finalize the resolution adopting the variance. 4/28/92 Letter to Andrew Campbell from Roger Daoust. The letter stated that City staff and Tom Silva read the water meters on March 24, 1992 and March 31, 1992. We also requested the number of student and school staff in attendance during this week. We referred to our letter of 8/29/91 requiring payment of the variance application fee. Ifthe variance is granted, it will be similar to that of the Chula Vista Elementary School District variance. cg-~~ 5/11/92 Letter from Tom Silva to Roger Daoust, supplying the number of students and staff members for Bonita Vista and Hilltop High Schools. The letter also mentions that they did not receive a copy of our letter dated 8/29/91 referring to the $80.00 variance application fee. They requested that the fee be waived because they are a governmental agency. 5/20/92 Letter to Tom Silva from Cliff Swanson. We referred to Section 13.14.130 of the Master Fee Schedule and Municipal Code, which does not provide for a waiver of the variance application fee. We stated that we would not resume our variance investigation until we received the fee. A copy of our 8/29/91 letter was enclosed. 8/4/92 Letter to Andrew Campbell from Roger Daoust, providing notice of yearly increase to the sewer service rate. Charges were given for Palomar High School, Chula Vista Adult School and the Administrative Center . We mentioned again that in order for us to continue our investigation, we would need to receive the variance application fee. 8/13/92 We received payment of the $80.00 variance application fee. 10/1/92 Letter from Elizabeth Chopp to the Sweetwater Authority requesting water consumption history for the past three years for all District schools. 10/1/92 Letter from Elizabeth Chopp to the Gtay Water District requesting water consumption history for the past three years for all District schools. 11/3/92 Letter to Tom Silva from Roger Daoust. We explained that the meter readings during the month of March 1992 did not provide reliable data. We would therefore base the variance on the total water usage for all schools. After obtaining three years water consumption history from the water companies, we determined that the month of March provided the lowest water consumption. We proposed to combine water usage for March 1992 for all schools in the District with attendance records to derive a per capita wastewater discharge rate. We also requested enrollment data for all the District schools. 10/9/92* Letter from Tom Silva to Roger Daoust. Tom Silva thanked staff for the update to the variance request. He agreed that the March 1992 meter readings did not provide reliable data. He provided the number of students and staff members for school year 1991-92. * This letter probably should have been dated 11/9/92 instead of 10/9/92, since the stamp date was 11/16/92 and it responds to our letter dated 11/3/92. ?,,? 12/18/92 Memo from Elizabeth Chopp to Tom Silva regarding variance draft proposal. We presented a draft variance proposal for five of the eight District schools. We concluded that three schools should not be included in the variance due to their separate landscape meters. A sewer service rate formula was derived. 2/24/93 Letter to Andrew Campbell from Cliff Swanson. A variance similar to the Chula Vista Elementary School District was proposed for five of the eight District schools. The variance will not apply to storm drain fees. Attendance records for Fiscal Year 1992-93 were requested. The variance may be retroactive to May 1992. 4/27/93 Letter from Tom Silva to Roger Daoust. A meeting had been set up for this date to discuss the variance. In the letter, the District agreed to the proposal stated in the 2/24/93 letter. 6/28/93 Ben Herrera received verbal information for the Fiscal Year 1992-93 summer school attendance from Tom Silva. 7/21/93 Letter from Tom Silva to Ben Herrera verifying the attendance records for Chula Vista Junior, Hilltop Junior, Hilltop High, Bonita Vista Middle and Bonita Vista High Schools. 7/26/93 Memo from John Lippitt, Director of Public Works, to John Goss, City Manager, recommending the approval of the variance. 8/26/93 John Goss approves the variance for the Sweetwater Union High School District. 9/17/93 Letter to Andrew Campbell from Roger Daoust explaining that the variance was approved by the City Manager, details of how the variance will be implemented and calculations of the retroactive rebate. ?"'? RESOLUTION NO. /7.2 ~(p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SEWER SERVICE CHARGE REFUND FOR THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE 1992-93 SCHOOL YEAR; AND APPROPRIATING AN ADDITIONAL $51,602.97 FROM FUND 225 WHEREAS, on August 26, 1993, the City Manager approved the sewer service charge variance for five schools in the Sweetwater Union High School District; and WHEREAS, the Municipal Code allows for a rebate retroactive back to ninety days prior to the date the variance application was submitted, which was August 13, 1992; and WHEREAS, it is recommended that the District receive a sewer service charge rebate of $51,602.97 for excess charges paid during the 1992-93 school year based on the revised method of billing approved in the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a sewer service charge refund for the Sweetwater Union High School District for the 1992-93 school year. BE IT FURTHER RESOLVED that the sum of $51,602.97 is hereby appropriated from the unappropriated balance of the Sewer Service Revenue Fund and appropriated to Account 225-2250-5420, Refund of Fees. John P. Lippitt, Director of Public Works i:t:~o fr Bruce M. Boogaard, ci y Attorney Presented by C:lrsISWsewer.ref 8-~ ENCLOSURE 1 SAMPLE MEMORANDUM Date File No. KY-098 TO: Lyman Christopher, Director of Finance FROM: Roger L. Daoust, Senior Civil Engineer SUBJECT: SWEETWATER UNION HIGH SCHOOL DISTRICT SEWER SERVICE AND STORM DRAIN CHARGE DETERMINATION The following computation of sewer charges for the period of to session are based on attendance records furnished to us by the Sweetwater Union High School District. Sewer Service Rate: 1. Sewer service rate per 100 cubic feet (HCF) of sewage generated = low-strength commercial rate + 0.90 2. Sewage generation factor: 0.0067 HCF per capita per day 3. Sewer service charge determination: (a) Bonita Vista Middle School 0.0067 HCF x x x $ /HCF = $ (days) (students/staff) (sewer service rate) (b) Bonita Vista High 0.0067 HCF x x x $ /HCF = $ (days) (students/staff) (sewer service rate) (c) Hilltop High 0.0067 HCF x x x $ /HCF = $ (days) (students/staff) (sewer service rate) (d) Hilltop Junior High 0.0067 HCF x _ x x $ /HCF = $ (days) (students/staff) (sewer service rate) (e) Chula Vista Junior High 0.0067 HCF x x x $ /HCF = $ (days) (students/staff) (sewer service rate) ~~~ Lyman Christopher 4. (a) (b) Storm Drain Fee 5. -2- Subtotal Billing Charge (3a + 3b + 3c + 3d + 3e) (5 schools x $3.75) =$ = $ 18.75 TOTAL SEWER SERVICE CHARGE (4a + 4b) = $ Storm Drain Fee Rate (per HCF of water used) = $---..O...llii/HCF 6. Storm Drain Fee Determination: Water used in billing cycle for Fiscal Year based on Sweetwater Authority's (SW A) billing period from to Otay Water District's (Otay) billing period from to (a) (b) (c) (d) (e) (t) 7. and Account No. (Otay) Consumption 915-0321-06 HCF x $0.06/HCF = $ Account No. (Otay) Consumption 914-0300-02 HCF x $0.06/HCF =$ Account No. (SW A) Consumption 695-5860-0 HCF x $0.06/HCF = $ Account No. (SW A) Consumption 687-3540-0 HCF x $0.06/HCF =$ Account No. (SW A) Consumption 612-2380-0 HCF x $0.06/HCF = $ Account No. (SW A) Consumption 612-2340-0 HCF x $0.06/HCF = $ =$ SUBTOTAL (6a + 6b + 6c + 6d + 6e + 6t) TOTAL SEWER SERVICE CHARGE + STORM DRAIN FEE (4 + 7) 8. = $ =$ TOTAL DUE BY: BVH: (BVH/SW AGENDA) Elizabeth Chopp, Civil Engineer <;r ~ c; ...:l o o =00 u~ oot,; s~ Su z~ Ou ~~ ~~ ~~ ~~ ~oo ~~ oo~ ~~ ~~ oo~ Oz ...:l U ~ ('(j 0'1 I N 0'1 0'1 - """ I'- I'- 0 0 0 r.ol ~ \0 "': I'- 00 N U ~ ~ ~ N ~ :; r.ol or:. 00_ ;:: 1'-_ ...l ~ " 0 0 00 ~ <;;; <;;; ~ r.ol ~ ..... '" <;;; '" -( "" "" 0 ~ ::I: E-o r.ol U ~ r.ol '" 00 II') N 8 ~ ~ 0'1 ..... \0 r.ol \Ci (Q ~ ..t- ori \Ci c: II') 0 """ U N_ \0 II') ..... or:. :; r.ol 0;- I'- ..; i. ..... <;;; '" "" ~ <;;; "" ~ ~ " N r.ol ~ 0'1 '" -( >< ~ ::I: ~ r.ol U ~ r.ol '" r.ol ~ I'- I'- I'- I'- I'- I'- ~ U u "': "': ~ "': "': "': r.ol ~ ::I: <;;; <;;; <;;; <;;; <;;; <;;; ~ ~ r.ol '" r.ol ~ '" ~ Z r.ol E-o 0 -( ~ ~ ~ ~ """ II') \0 00 N ::E """ N N U '" II') I'- 0'1 II') II') '" (Q 0 ~ 0'1 ::> ::I: ~ ~ '" I'- N '" 0'1 Z G: 0 U \0 N II') ~ \0 \0 ~ lrl 00 '" I'- ~ r.ol '" '" ~ N r..: ~ u 00 """ II') 00 0'1 N_ """- "" <;;; :; r.ol "" '" i. <;;; >< ~ " "" ...l r.ol ~ ::> '" -( '7 ~ ::I: r.ol r.ol U Z ~ ::> ..., '" r.ol ~ s:J s:J II') s:J s:J s:J ~ u u ~ r.ol :; ::I: <;;; ..... ..... ..... ..... ..... ~ ~ "" "" "" "" "" ~ E-o '" r.ol ~ '" N Z 0'1 ;:: 0 ~ >< ~ ~ \0 I'- I'- ...l ::8 00 00 ::> u I'- 0'1 0'1 0'1 00 ::!; 00 0'1 s:J I'- ..., ::> ::I: 00 N '" ~ '" z z 0 ::> u ..., E-o ~ \0 N 0 0 0 0 z s: 0 ~ 0 0 ~ r.ol 8 ::> ~ N """ 00 00 II') '" '" 0 ~ '" '" II') '? <;l N U 0 0 .r, N .r, ~ I'- N U Z 0'1 00 (Q (Q -( ~ 0'1 \0 \0 r.ol .....l ~ Q ::I: 0 ...l Q " Z 0 :E 5:l ~ ::> 0 ~ ~ ::I: 0 ..., ::I: Z -( u " E-o '" '" en 5:l ::> '" :; :; ..., :; ~ ~ ~ ~ 0 0 -( E-o E-o .....l Z Z .....l .....l ::> ...l ...l 0 0 5:l 5:l ::I: ~ ~ u >- IJ:,; 00 - 00 o ~ 00 \0 ~ 0\ \0 00 r- - 00 \f') ~ 0\ ~ oi N - o - ~ ~ ~ ..... ~ tI) <: ~ .....:l ::r: N <: E- ~ 0 ~ ~ ,,/ tJ tI) E-< ~ ENCLOSURE 3 - SWEETWATER UNION IDGH SCHOOL VARIANCE SEWER SERVICE CHARGES FY 1992-93 SUMMER SCHOOL NO. OF DAYS STUDENT/STAFF SEWER SERVICE IN SESSION ATTENDANCE CHARGE BONITA VISTA MIDDLE 32 1000 $349.47 BONITA VISTA HIGH 32 1651 $576.98 HILLTOP HIGH 0 0 $0.00 HILL TOP JUNIOR 0 0 $0.00 CHULA VISTA JUNIOR 0 0 $0.00 $0.00 SUBTOTALS $926.45 BILLING CHARGE $18.75 TOTAL CHARGE $945.20 FY 1992-93 FALL SCHOOL NO. OF DAYS STUDENT/STAFF SEWER SERVICE IN SESSION ATTENDANCE CHARGE BONITA VISTA MIDDLE 71 1472 $1,141.38 BONITA VISTA HIGH 71 2192 $1,699.66 HILLTOP HIGH 71 1578 $1,223.57 HILLTOP JUNIOR 71 1316 $1,020.41 CHULA VISTA JUNIOR 71 1481 $1,148.35 $0.00 SUBTOTALS $6,233.37 BILLING CHARGE $18.75 TOTAL CHARGE $6,252.12 FY 1992-93 SPRING SCHOOL NO. OF DAYS STUDENT/STAFF SEWER SERVICE IN SESSION ATTENDANCE CHARGE BONITA VISTA MIDDLE 110 1471 $1,767.13 BONITA VISTA HIGH 110 2164 $2,599.63 HILLTOP HIGH 110 1497 $1,798.36 HILLTOP JUNIOR 110 1315 $1,579.72 CHULA VISTA JUNIOR 110 1452 $1,744.30 $0.00 SUBTOTALS $9,489.14 BILLING CHARGE $18.75 TOTAL CHARGE $9,507.89 TOTAL SEWER SERVICE CHARGE $16,705.21 (SWVARTB1.WB1) 8"//1 COUNCIL AGENDA STATEMENT Item 3- Meeting Date 10/26/93 ITEM TITLE: Consideration of the reorganization of 1.05 acres of vacant land located at 4045 Palm Drive, Bonita, known as the "Chia Chu Reorganization" Resolution I 7i~Zving the proposed "Chia Chu Reorganization" SUBMITTED BY: Director of Planning jj/ REVIEWED BY: City Manager~G ~1 (4/Sths Vote: Yes_No.1U On June 21, 1993 an application was filed by petition of the property owners, Chia Chen and Chuang Chu, with the Local Agency Formation Commission (LAFCO) for the reorganization of the 1.05 acre site, entailing annexation from the County of San Diego to the City of Chula Vista and detachment from the Bonita/Sunnyside Fire Protection District. Said application was certified sufficient by LAFCO on August 30, 1993, subsequent to the City Council's approval of "Residential Estate - RE" prezoning for the site. Please refer to the vicinity map attached as Exhibit A. The City's Environmental Review Coordinator issued a Mitigated Negative Declaration for the project in conjunction with Initial Study IS-93-15 in July 1993. Said mitigated negative declaration was reviewed and considered by LAFCO in their deliberations. On September 13, 1993 LAFCO unanimously approved the reorganization under Resolution (R093-8). In accordance with the provisions of the Cortese/Knox Local Government Reorganization Act of 1985, LAFCO has designated the City of Chula Vista as conducting authority, and authorized the City Council to conduct proceedings without notice and hearing. RECOMMENDATION: That Council adopt the attached form of resolution approving the "Chia Chu Reorganization" . BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The reorganization is requested to facilitate construction of a single family dwelling through provision of City sewer service to the property. Topographic conditions make the site unsuitable for a septic system and the City has an existing 8" sewer in Palm Drive which can be extended. Pursuant to Council Policy 570-02, the property, which is contiguous to the existing City boundary, must annex in conjunction with the sewer service extension. 9-/ Page 2, Item L Meeting Date 10/26/93 The property is one of the last remaining in-fill lots in a developed single-family area. The owner is presently processing building plans for the site with the City. Many of the adjacent developed lots are already in Chula Vista, having annexed during the late 1970's and early 1980's when the Palm Drive sewer was originally built. During the Initial Study all affected agencies, and City departments such as Public Works, Police and Fire were contacted, and all reported the ability to adequately serve the development within standards established by the City's Thresholds and Growth Management Program, and without an increase of manpower and/or equipment. FISCAL IMPACT: Pursuant to the existing Master Property Tax Transfer Agreement, Chula Vista will receive $1071 in base property tax revenue annually, and 14.1 % of future tax increment revenues generated from the property. The reorganization is not expected to have an adverse economic impact on the City. (f: Ihomelplanninglchu-reog. a13) 9-~ \ \ \ \ \ \ Q) NOKIH PROPOSED CHIA CHU REORGANIZA TION VICINITY MAP CJ' J CASB NUMBBR: ANX-93-01 ~~~ SCALB: 1" s 800' -.- '-=~ DATB: 10-13-93 - em OF DRAWN BY: C. FBRNANDBZ CHUlA VISTA PlANNING CHBCKED BY: E. BATCHELDER DEPARTMENT R093-8 -CHIA CHU REORGANIZATION" (CITY OF CHULA VISTA) All that portion of the easterly half of quarter section 46 of Rancho de la Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, made by Morrill, filed in the Office of the Recorder of San Diego County, May 11, 1869, lying within the following described boundaries: Commencing at the most southerly corner of Lot 56 in Block -B" of Bonita Hills Unit No. 1, according to Map thereof No. 2139, filed in tlJe Office of the Recorder of San Diego County, November 22, 1928, said comer being also the most easterly comer of land described in a deed to Harold R. Tatus, et aI., recorded February 11, 1954 in Book 5138, Page 287 of official records of said county; 1. Thence along the southeasterly line of said Tatus' land south 32054' west, 292.00 feet to the true point of beginning; 2. Thence continuing south 32054' west, 260.00 feet to the most southerly corner of said Tatus land; 3. Thence along the southwesterly line of said land north 63001' west, 163.00 feet; 4. Thence leaving the boundary of said land north 31024'30" east, 260.09 feet, more or less, to an intersection with a line bearing north 63001' west from the true point of beginning; 5. Thence south 63001'00" east, 173.00 feet, more or less, to the true point of beginning. Approved by ttlt LocII AfItne1 FormItIon QlmmI..1on of Sin DiIIO . SEP 1 3 1993 ih:na LAFCO 8/5/93 Exhibit A Page 1 of 1 q-4 EXHIBIT B .' ~ '0& . )& ..I ~~ ,."7 ,)~. :t. 22.83 AC. RANCHO DE LA NACION MAP 166 140 o CITY PARK ApprovtcI by the Local Aaerw:1 FonnItioft CommiIIion of .... Dille>> SEP 1 3 1993 ~-I!/ EXHIBIT C DATE: 7-2r93 SCALE: 1- = 200' TRA PAGE: 6-1 TRA: 63007 DRAWN BY: M. SCHURR MAPPING DIVISION SAN DIEGO COUNrY ASSESSOR'S OFFICE CHlA CHU REORGANIZATION ANNEX. TO CITY OF CHULA VISTA&. DETACH. FROM BONITA-SUNNYSIDE FIRE PROTEC. DISTRJCT ~-5 LAFCO: RO 9r8 AREA: 1.05 AC PO. NO: 1-B &. 18 BIL: 593-111-05 THOMAS BROS: 7O-C2 RESOLUTION NO. J ?2.~7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED "CHIA CHU REORGANIZATION" WHEREAS, on June 21, 1993, an original application by landowner petition was filed with the Local Agency Formation Commission (LAFCO) for the reorganization of 1.05 acres involving annexation from the unincorporated County to Chula Vista and detachment from the Bonita Sunnyside Fire Protection District, which application was certified sufficient by LAFCO on August 30, 1993; and, WHEREAS, the 1.05 acre subject territory is located at 4045 Palm Drive, Bonita, California, being more specifically described in Exhibits Band C attached hereto (Exhibit A omitted) ("Subject Area"); and, WHEREAS, the purpose of the reorganization is to facilitate the provision of City sewer services necessary for construction of a proposed single family dwelling on the subject site; and, WHEREAS, on September 13, 1993, LAFCO adopted a resolution making determinations and approving the proposed reorganization (Reference No. R093-8); and, WHEREAS, pursuant to the provisions of the Cortese/Knox Local Government Reorganization Act of 1985, LAFCO has designated the city of Chula vista as the conducting authority, and authorized the City Council to conduct proceedings without notice and hearing; and, WHEREAS, the property to be reorganized will not be taxed for general bonded indebtedness of Chula vista; and, WHEREAS, the regular County assessment roll shall be utilized. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, ORDER, DETERMINE AND RESOLVE AS FOLLOWS: 1. The boundaries of the Subject Area shall be modified to conform to Exhibit B attached hereto. 2. The boundaries of the Subject Area described in Exhibit B are definite and certain, and do conform to lines of assessment and ownership. 3. The City Council of the City of Chula vista hereby approves the 1.05 acre, uninhabited "CHIA CHU REORGANIZATION" of the Subject Area with boundaries as described in Exhibits Band C (meets and bounds and plat map as approved by LAFCO, September 13, 1993) attached hereto, pursuant to provisions of Division 3 of the Government Code. ,-6 4. The city of Chula vista does hereby order said reorganization of the subject Area. 5. The City Clerk of the City of Chula vista is hereby authorized and directed to transmit a certified copy of this resolution in accordance with section 57200 of the Government Code. Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney Presented by APt: ;1 (F:\home\planning\chu-reog.res) ,..7 .......__....'__~~~.____,~..__." ,~...,...,."..~.~.,.,_.__~''''k_...~_....."~_,~___,. COUNCIL AGENDA STATEMENT Item I () Meeting Date 10/26/93 ITEM TITLE: Report on San Diego Local Agency Formation Commission's Proposed "Unincorporated Communities Policy" SUBMITIED BY: Director of Planning /~~'. I / /.'1) REVIEWED BY: City Manager.JCt b() .~ (4/5ths Vote: Yes_NoX) The San Diego Local Agency Formation (LAFCO) has been working for several months on a proposed policy that would address the means by which unincorporated communities are evaluated in conjunction with new incorporation proposals and City "sphere of influence" updates. At the LAFCO Board meeting on September 13, 1993, the LAFCO Commission considered a draft policy entitled "Recognition of Unincorporated Communities during Incorporation Proceedings and City Sphere of Influence Updates," and voted to refer it back to all cities for additional review and comment. Since that time, staffs from several of the cities have met twice with LAFCO staff to discuss concerns regarding the proposed policy, and LAFCO staff has prepared a revised draft policy which addressed several of the concerns raised by City staffs. The LAFCO Commission will reconsider the revised policy at its meeting on November 1. RECOMMENDATION: That the City Council authorize the City Manager to forward a letter to the LAFCO Commission, stating its opposition to the proposed policy, and to contact other jurisdictions in this regard and also forward the letter to them. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Historically, proposals to create new cities have created conflicts with existing unincorporated communities that may not wish to be included in such proposals. In response to issues which had been raised before the LAFCO Commission regarding recent incorporation proposals and their possible impacts on existing unincorporated communities, the Commission directed its staff in February to return with policy alternatives which would provide for greater recognition of unincorporated communities in these procedures. On May 3, 1993, the LAFCO Commission directed its staff to pursue two specific alternatives: A) a policy which would allow LAFCO to place a special "unincorporated community" designation on qualifying areas, thereby protecting such areas from future incorporations; and B) a policy which would standardize the factors considered by LAFCO in the analysis of /tJ-! Page 2, Item / tJ Meeting Date 10/26/93 new incorporation proposals as regards their impacts on unincorporated communities. On September 13, 1993, LAFCO staff returned with a report to its Commission on these alternatives. LAFCO staff reported that Alternative A had significant legal constraints, and should not be pursued further. However, it recommended adoption of a policy based on Alternative B, with the modification that it would apply not only to new incorporation proposals, but also to existing City sphere of influence updates. (See Attachment A). Staff members from several cities, including Chula Vista, requested that the Commission postpone action on this matter, since this modification in policy would have a direct impact on cities, and they had not been made aware of the change until less than a week prior to the hearing. As noted earlier, the LAFCO Commission agreed to postpone action on the modified policy until November 1 in order to allow local review and comments. In our initial meeting with LAFCO staff following this action, the following concerns were raised by representatives of several cities, and the County Planning Department, in regard to the proposed policy: 1) while LAFCO staff indicated that the proposed policy simply reflected existing factors which are considered by LAFCO in evaluating the relationship of unincorporated communities to incorporation proposals or sphere of influence proposals, the policy as written appeared to introduce new and modified planning factors; 2) the proposed "policy goal" states that "special efforts should be made to recognize unincorporated communities and preserve their cohesive identity, " whereas under existing law, LAFCO is required to consider a number of factors in determining whether a particular area should be included in or excluded from an incorporation or City sphere of influence proposal; 3) the section on "policy implementation" lists several factors to be considered in determining whether an unincorporated community should be excluded from a proposed incorporation boundary or sphere of influence, without indicating how those specific factors are to be considered or weighed. Based on these general concerns, along with several other specific comments provided to them at this meeting, LAFCO staff prepared a revised draft policy (Attachment B), which was reviewed and discussed with local government staff representatives during the week of October 11. While we all agreed that the revised draft policy resolved many of the specific concerns raised in regard to the earlier draft, there were still remaining concerns regarding how the policy would be implemented, and whether the policy is consistent with existing LAFCO-related laws and local LAFCO policies. JtJ-~ Page 3, Item / tJ Meeting Date 10/26/93 Analysis As the City Council is aware, the City of Chula Vista was recently authorized by the LAFCO Commission to initiate a comprehensive update of its sphere of influence. Recognizing that this is a major planning effort, and will require consideration of many of the issues described above, City staff would support any action by LAFCO that would clarify the process for considering unincorporated communities in a sphere of influence update. However, it is our conclusion that the proposed policy, even with the recent revisions included by LAFCO staff, will not really help to clarify the process, and instead will add another layer of policies which will need to be reconciled with existing State laws and local policies and regulations related to spheres of influence. We feel that, if there is a need to clearly set forth in writing the factors considered by LAFCO in evaluating the impact of incorporation proposals and sphere of influence proposals on unincorporated communities, this could be accomplished through a set of administrative procedures that would relate directly to applicable State laws and existing local regulations. Furthermore, we feel the proposed policy does place a greater priority on preserving existing unincorporated communities than do current laws and policies, and we do not feel that this is consistent with the overall role of LAFCO. Therefore, staff recommends that the City Council authorize the City Manager to forward a letter to the LAFCO Commission, stating that the City is opposed to the proposed policy. In this letter, we would note that while the revised policy is an improvement over the earlier draft, the City has continued concerns regarding the effect of such a policy on future sphere of influence updates, and would recommend adoption of administrative procedures to address any ambiguities in the way existing State laws and local regulations are being implemented by the San Diego LAFCO. FISCAL IMPACT: If adopted, the policy could potentially restrict inclusion of certain lands within the City's Sphere of Influence, and thereby the future annexation of land to the City. Considering longer-range patterns of urbanization envisioned by the General Plan, and related service/revenue projections, such annexation restrictions could present direct fiscal consequences. However, the potential for, and extent of such consequences would not be known until the City undertook a review of its Sphere under provisions of this policy, should it be adopted. (F: \home\planning\unic-pol.all) J~.-J RECOGNITION OF UNINCORPORATED COMMUNITIES DURING INCORPORATION PROCEEDINGS AND CITY SPHERE OF INFLUENCE UPDATES POLICY GOALS The San Diego LAFCO acknowledges that special efforts should be made to recognize unincorporated communities and preserve their cohesive identity. This policy will provide guidance for the Commission to recognize unincorporated communities during consideration of incorporation propo$als and city sphere of influence updates. PURPOSE AND INTENT This policy establishes guidelines for recognizing unincorporated communities during consideration of incorporation proposals and city sphere of influence updates. The guidelines are consistent with LAFCO goals of consolidating service responsibility and encouraging logical and efficient delivery of public services. POLICY IMPLEMENTATION . In determining whether an unincorporated community should be excluded from proposed incorporation boundaries or spheres of influence, the Commission shall consider the following: a. Affected territory is not within the sphere of influence of any neighboring city; b. Affected territory is not surrounded or substantially surrounded by a city; c. Affected territory is substantially developed in accordance with current zoning and adequately provided with public services by special districts, county departments or private entities; d. Affected territory is a cohesive community separated from neighboring jurisdictions by distinct geographic, political, economic or social characteristics; e. An unincorporated community shall conform to County planning designations, such as country town boundaries, urban limit lines, or other similar planning categories adopted by the County to identify the limits of urban or rural development. Exclusion of a community from an incorporation proposal or sphere of influence must be consistent with the Regional Growth Management Strategy; JCJ- 'I ATTACHMENT A f. Exclusion of affected communities from an incorporation proposal or sphere of influence will be based on an evaluation of impacts on an existing or proposed city's plans to improve or consolidate services. /tJ-;j ----,."---------~..............._---~-------_..~~-~"'""'.__...-.__..._-^ .0. SAN DIEGO TEL:619-557-4190 Oct 12,93 14:11 No.003 P.03 PRELIMINARY DRAFT POLlCV RECOGNITION OF UNINCORPORATED COMMUNITIES DURING INCORPORATION PROCEEDINGS AND CITY SPHERE OF INFLUENCE UPDATES POLICY GOALS The San Diego LAFCO acknowledges that special efforts should be made to recognize unincorporated communities and preserve their cohesive identity, when appropriate. This policy will provide guidance for the Commission to recognize unincorporated communities during consideration of Incorporation proposals and city sphere of Influence updates. PURPOSE AND INTENT This policy establishes guidelines for recognizing unincorporated communities during consideration of incorporation proposals and city sphere of influence updates. The policy will not supersede the factors LAFCO is required to oonsider in the review of proposals (Government Code Section 56841). Rather. the policy furthers the intent of these factors as related to incorporation proposals and city sphere updates only. In particular, the policy shall be carried out in a manner that is consistent with: (1) LAFCO goals of consolidating service responsibility and encouraging logical and efficient delivery of public services and (2) the relevant portions of the Regional Growth Management Strategy, as defined by LAFCO's Memorandum of Agreement with the San Diego Association of Governments. POLICY IMPLEMENTATION To achieve the goal of this policy, the Commission shall consider the following in determining whether it is appropriate to exclude territory from a proposed Incorporation boundary or sphere of influence update. a. The sphere of influence of any neighboring city: b. Whether affected territory is surrounded or substantially surrounded by a city; c. The present and planned land uses In the area and if publiC services are adequately provided by special districts, county departments or private entities; d. Cohesiveness of a community: whether it Is separated from neighboring jurisdictions by distinct geographic, political, economic or social characteristics, community plan boundaries, service provision or historical development patterns; 8. Conformity to county or city planning designations. such as country town boundaries, urban limit lines, or other similar planning categories adopted by the county or city to Identify the limits of urban or rural development. f. An evaluation of impacts on an existing or proposed city's plans to improve or consolidate services. ){J -t ATTACHMENT B COUNCIL AGENDA STATEMENT Item / ( Meeting Date 10/26/93 ITEM TITLE: Public Hearing: Consider the vacation of unnamed roads located at the southeast comer of Palomar Street and Industrial Boulevard (palomar Trolley Center) Resolution J 7 ~ YY Ordering the vacation of said unnamed roads SUBMITTED BY: Director of Public Works ~ f\ ~I Community Developm~nt Director ~ REVIEWED BY: City Manager..J\~~) (4/5ths Vote: Yes_NoX) Sunbelt Management Co., c/o Latigo West Development Co., is the owner of the proposed development along the south side of Palomar Street between Broadway and the Palomar Trolley Station east of Industrial Boulevard and has requested right-of-way vacations of unnamed roads by the City, in order to utilize the vacated land for the Palomar Trolley Center development. In accordance with Section 8324 of the California Streets and Highways Code, the City Council may hold a public hearing to consider the vacation of unnamed roads at the southeast comer of Palomar Street and Industrial Boulevard. By Resolution No. 17260, the Council set October 26, 1993 as the date for this public hearing. RECOMMENDATION: That the Council hold the public hearing and adopt the resolution ordering the vacation of unnamed roads located at the southeast comer of Palomar Street and Industrial Boulevard (Palomar Trolley Center). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The County of San Diego acquired the unnamed roads (see Exhibit "A") by Subdivision Map 729, recorded on February 19, 1915. The City of Chula Vista annexed the Montgomery Area in 1986, and consequently acquired all right-of-way associated therein. Since 1915, the unnamed roads have not been utilized for their intended purpose. City records and site reconnaissance reveal that the roads were never paved. The area in which the roads were to be situated has, to date, been used for agriculture. Council has, in the past, required payments for streets which have been vacated although there is no official Council Policy relative to payment for vacated right-of-way. Each circumstance has been considered on its own merits. In some instances payment has been for the whole area vacated, in other cases, payment has been for the difference between the area vacated and the //-/ , ,""~"",_,,~,,_"~",.,",,,,""'..f'''~'e_.''~"'_''''~~-''--''_____"-- Page 2, Item J / Meeting Date 10/26/93 area dedicated. Some streets have been vacated at no cost (Power Center) because that issue was addressed in the Disposition and Development Agreement (DDA). Staff recommends that the streets in this situation be vacated at no cost to the developer for the reasons indicated in the following paragraphs. The proposed vacation of the unnamed streets encompasses a total of 1.29 acres. The developer is required to dedicate 1.11 acres for Palomar Street and 0.44 acres for the new access to the MTDB Trolley Station. The access to the trolley station was required as a result of the Price Club DDA for the Power Center on East H Street. Overall the developer will be dedicating 0.36 acres more than is requested to be vacated. (See Exhibit B) A Disposition and Development Agreement has been executed between the developer and the Agency governing the development of the Palomar Trolley Center. The DDA established cost sharing arrangements between the Agency and the developer in the areas of land acquisition and off-site improvements and established expected levels of sales tax generation to the City's General Fund. As structured, the project should generate approximately $4 million to the City's General fund and the Agency's tax increment funds over the next 10 years. The DDA does not address the proposed street vacations because the parcels they traverse were controlled but not owned at the time the DDA was negotiated (in escrow). Nor does the DDA subject those parcels to the land acquisition cost sharing arrangement. Effectively, the Agency left the developer to close the subject escrow on the most favorable terms they could accomplish. Holding a public hearing on vacating the streets at that time would have changed the value of the transaction and would have interjected the Agency into the real estate deal between the buyer and the seller. Precommitting to the street vacation in the DDA would have invalidated a subsequent public hearing process. The right-of-way cannot be summarily vacated because of the existence of public utility facilities. In addition to the above-referenced DDA completion condition, the conditions of vacation shall be: 1. The reservation of easements for Sweetwater Authority public utility facilities. 2. Dedication of required right-of-way on Palomar Street. In accordance with Section 8324 of the California Streets and Highways Code, Council shall instruct the City Clerk that the subsequent Resolution of Vacation not be recorded until the conditions have been satisfied. All utility companies were contacted regarding the proposed vacation and none have objected to it. Sweetwater Authority has existing facilities for which they request that an easement be retained. That easement may be superseded with the development by the granting of a new easement by the developer. //,,;.. ., ~,_>.___,_,__'.'"~_',~,,,,~"~"_'_"_'__'~"'_"''''''~''''''_..~~~_,~.....~~.....____.,,-,.__~,._._S".~._,.__~._._ Page 3, Item / I Meeting Date 10/26/93 Section 8324 of the California Streets and Highways Code states that if the legislative body finds, from the evidence submitted, that the street highway, or public service easement described in the resolution of intention or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. FISCAL IMP ACT: The City and the Redevelopment Agency will receive approximately $4.0 million in additional tax revenue over ten years from the Palomar Trolley Center Project. The street vacation action does not effect the cost sharing obligations of the Agency in the DDA because the Iwashita parcels that the streets traverse were already controlled by the Developer and were not subject to the cost sharing arrangement. Thus, there is no direct fiscal impact from this action. JA:PV-061 WPC F:IHOMEIENGINEER\AGENDA\1359.93 / j-;J .._".,,,w~~"",",,,,._,,,",,,_,~_..~___._~~,.<,..-.-~>".,--..,,-,.",,-- .- EXHIBIT PARCEL MAP NO. 14B77 -4 1 'A' ~ . . POFmON OF' DEDICA TED p~Al.Ot,{AR STREET 6-6-85 AS F' /P D~fl!.r RECORDE:D . 2821530 O.R. JO'I~O I'~ 63 (~ ~ ~ 1 . 2 EASTrRL Y UNE OF LOT f WALMER'S SUBD1V1S10N IE'S7rRL Y UNE OF MAP 729 P.O.B. PARCEL 'A' SOUTHwrST CORNER LOT 1 -- SOUTH UNE :.L OF LOT f -- - NO. 72B -- MAP 6 ! . J.!GFND: ~//~ S7REET VACA T70N PARCEl 'A' AREA · .Jg A~ :t S7REET VACA T70N PARCEl ... AREA · .'0 A~ :t . ~ Project Darign ~nU ,..""c'" eM .....~ DOUGLAS Co PAIJL Ref 22506 REG. EXPIRAT7ON: 12-31-'3 CITY OF CHULA VISTA STREET VACA nON: PORnON OF UNNAMED ROADS LYING SOUTHERLY OF .. PALOMAR STREtT AND WITHIN UAP 7?O IWlJ.t lJ~R'C: .c:t u::mfVlC:fnN1 )p./Lj Co ... ,DOl a .1 :l1VOS --~~ I- en - :r: X w e01W .. "" ~ ~ tn ~ u <t 2:Ch O~ t=:- ~ II ~~ O~ tu.... ~~ <n~ 0::: llJ t-- :< lLJ <'-..) a h>- ~LU S:?-J Q--J lUO act: l- J--C( ~~ g:~ V) --.J ~ Q I )/-5 !1-f:J RESOLUTION NO. J 7r2. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF UNNAMED ROADS LOCATED AT THE SOUTHEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOULEVARD (PALOMAR TROLLEY CENTER) WHEREAS, Sunbelt Management Co., c/o Latigo West Development Co., owner of the proposed development at properties in the southeast corner of Palomar Street and Industrial Blvd., has requested right-of-way vacations of unnamed roads by the City, in order to utilize the vacated land for the Palomar Trolley Center development; and WHEREAS, in accordance with Section 8324 of the California Streets and Highways Code, the City Council may hold a public hearing to consider the vacation of unnamed roads at the southeast corner of Palomar Street and Industrial Boulevard; and WHEREAS, by Resolution No. 17260, the Council set October 26, 1993 at the date for this public hearing; and WHEREAS, the City Council conducted the public hearing at the time and place advertised and heard all persons interested in or objecting to the proposed vacation of unnamed roads located at the southeast corner of Palomar Street and Industrial Boulevard (Palomar Trolley Center). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby order the vacation of unnamed roads located at the southeast corner of Palomar Street and Industrial Boulevard (Palomar Trolley Center), more particularly described in Exhibit "A", attached hereto and incorporated herein as if set forth in full subject to the following conditions: 1. An Amendment of the Disposition and Development Agreement that addresses the proposed street vacations and Redevelopment Agency cost contribution arrangements shall be executed. 2. The reservation of easements for Sweetwater Authority public utility facilities. 3. Dedication of required right-of-way on Palomar Street. 1 /1' 7 BE IT FURTHER RESOLVED that the City Clerk is hereby directed that this Resolution of Vacation shall not be recorded until the conditions set forth hereinabov have be satisfied. John P. Lippitt, Director of Public Works ; j II Bruce M. Attorney ity Presented by C:\rs\vacate.pal 2 /I-r COUNCIL AGENDA STATEMENT Item 1:2. Meeting Date 10-26-1993 ITEM TITLE: Public Hearing - Consideration of adoption of an interim Pre-SR- 125 Development Impact Fee and consideration of modification of the existing Transportation Development Impact Fee. SUBMITTED BY: Director of Public Works \~ REVIEWED BY: City Manager & (St f~~ (4/5ths Vote: Yes_NoXJ BACKGROUND: This item was originally heard by the City Council on July 27, 1993. It has been continued to this meeting. Staff has prepared a draft report (attached) which discusses the progress in discussions with the developers. There is still serious disagreement on a primary aspect of the program between the developers. Furthermore, one of the developers has requested at least a week to review a final staff report before the hearing is held. Staff has recently also proposed another option, that hopefully will be acceptable to the developers. However, we would like their input before including that option in a report. The draft report is the current staff recommendation. If discussions with developers gives promise to the new option, that will be included in the Final report. RECOMMENDATION: ~ It is recommended that this item be continued to the meeting of November 9, 1993. BOARDS AND COMMISSIONS RECOMMENDATIONS: None J;< -/ COUNCIL AGENDA STATEMENT Item Meeting Date 10/26/93 ITEM TITLE: Public Hearing to consider adoption of an interim pre-SR-125 Development Impact Fee and to consider modification of the existing Transportation Development Impact Fee (continued from July 27, 1993) a. Ordinance Adopting an interim pre-SR-125 development impact fee and establishing January 17, 1994 as the date such fee takes effect b. Ordinance Amending Ordinance 2251 of the City of Chula Vista relating to a Transportation Development Impact Fee to pay for transportation facilities in the City Eastern Territories c. Resolution Accepting a report prepared by Howard Needles Tammen and Bergendoff Engineering Consultants regarding the feasibility of constructing an interim facility to provide transportation capacity in Chula Vista prior to construction of SR-125 (interim pre-SR-125 facility) (This resolution does not require a public hearing but is a related item.) SUBMITTED BY: Director of Public W ork~ City Manager (4/5ths Vote: Yes_NoXJ REVIEWED BY: On July 27, 1993, Council opened the Public Hearing regarding revision of the existing Eastern Chula Vista Transportation Development Impact Fee (TransDIP) and the creation of a new development impact fee related to the construction of an interim roadway system prior to construction of SR-125 (interim pre-SR-125 DIP). Testimony taken at that meeting showed that there was not a consensus as to how the new fees should be distributed. Council directed staff to work with the developers toward such a consensus, and return with the. Council also asked staff to address specific issues raised at the July 27 meeting. RECOMMENDATION: Hold the public hearing, adopt the ordinances establishing an interim pre-SR-125 transportation facility fee (SR-125 DIP) and amending the transportation Development Impact Fee, and approve the resolution accepting a report regarding the feasibility of constructing an interim facility to provide transportation capacity for Chula Vista prior to construction of SR-125. It is also recommended that the City Council accept the suggestions made by the developers regarding an oversight committee and an alternative funding consultant and instruct staff to return with a report on it's implementation. / ;2-;1- Page 2, Item Meeting Date 10/26/93 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Please see the staff report for the July 27 meeting (attached). DISCUSSION: Attached to this staff report is the staff report from the July 27 meeting. That report provides the background for this hearing and is intended to supplement the July 27 agenda statement. Subsequent to the July 27 meeting, the developers have held meetings among themselves under the auspices of the Construction Industry Federation (CIF). The meetings have not produced a single acceptable solution to the issue for all parties, however, the meetings have produced two significant benefits: to clarify the unresolved issues, and to produce the following helpful suggestions: 1. Create an oversight committee, consistmg of City and property owners/developer representatives to meet on a regular basis to evaluate the adequacy of fees and the need and scheduling of facilities. 2. Retain a consultant with expertise in identifying alternative funding sources and finding ways to expedite funding. The consultant would be paid from the TransDIF 4% support funds. 3. Reduce the currently proposed facility cost estimates by 10% to reflect funding available through the State-Local Transportation Partnership Program (SL TPP). This would generally reduce the fees paid by developers by 10%. Staff supports the suggestions, with the exception that staff feels that a 5% reduction (as opposed to the 10% proposed) is more appropriate, since the cost estimates contain design and administration costs that are not eligible for SLTPP funds, and historically, the funding level has been around 9% or less for the portion that is eligible. The 5% reduction has been factored into the proposed fees. Staff's primary recommendation is to have two separate fees, one for SR-125 and one for the regular transportation DIF (TransDIF), with somewhat different benefit areas. In both instances, the fee would be uniform throughout the benefit area. Staff is of the opinion that this straightforward formula is the most equitable to all property owners. However, staff recognizes that there are many points of view with respect to equity, and that many of the points raised have merit. After the meeting with the developers and CIF in which the above suggestions were brought out, staff received the attached October 6, 1993 letter from the CIF setting out a suggested scope of work for a consultant to be hired by the City using TransDIF and SR-125 funds. The consultant would be very extensively involved in the administration of the two fee programs. Staff does not concur with the scope of work suggested by the CIF because we already have staff that accomplish the same tasks. The suggestions made at the meeting, however, will bring 1:2--.3 Page 3, Item Meeting Date 10/26/93 on consultants with a knowledge and contacts for Federal and State funding programs who, hopefully, are able to bring in outside funding and reduce the overall cost of the program. The original suggestions also provide for more ongoing cooperation in the programs implementation. While seemingly complex, staff believes that the real division among the developers is the issue of the equivalent dwelling unit (EDU) credits previously received in the TransDIF. The specific question being whether or not these units, after paying a fee which included funds for some portions of SR-125, should participate financially in the construction of the Interim pre- SR-125 facilities. For many of the developers, large amounts of money are involved in the decision. Developers holding significant numbers of credits maintain that the credits result from pioneering major road construction (East H Street, Otay Lakes Road, Telegraph Canyon Road), and incurring significant unreimbursable costs (financing, administration, district formation, etc.). They also maintain that they were led to believe that having these credits would complete their fee obligations for those properties. Developers without credits note that lack of full participation in the program requires either: 1) a substantially larger fee for the remaining participants, or 2) expansion of the pool of participants, which shifts the financial burden to properties developing farther in the future and who may not be able to use the facility. With respect to issues raised by correspondence, Attachment A provides a package of the letters and staff response to the concerns raised in those letters. Issues raised at the Public Hearing consist of the following. 1. Proposal to combine the TransDIF and interim pre-SR-125 fee into one fee. 2. Proposal to have separate fees, but exempt properties that have prepaid the TransDIF fee. 3. Proposal to split the SR-125 fee into two or more zones recognizing that properties closer to I-80S will not use these facilities as much. 4. Proposal to give properties that have prepaid the TransDIF fees credit for the SR- 125 portion of that fee. 5. Request to address the issue of situations where the fee is lowered (commercial land uses) to the point where prepaid fees are greater than the fee due. 6. Can social or economic benefits be considered in developing or applying the fee? In many instances, the issue relates to the developer's questions, "How much does my project need the interim facility?" "Where is my project in the development process?" and "How much is the interim SR-125 going to cost my project?" From a historical perspective, staff is of the ~ J ;;.~r ",.;,6 Page 4, Item Meeting Date 10/26/93 opinion that all of the projects acknowledged the need for the interim facility as a part of the Growth Management Program, and Council approved the projects based on this acknowledgement. This placed the City in the position of approving projects somewhat beyond the City's ability to provide such infrastructure, based on assurances that the developers would participate in a reasonable program to provide the needed facilities (the Public Facility Financing Plan). The assumption that led to these approvals was that all parties would participate based on mutual need/mutual benefit. Based on the further input received at this last meeting with 'the developers, staff has modified the original recommendation contained in the July 27 agenda statement and now recommends a fee that supports numbers 4 and 5, above. 1. Proposal to combine the TransDIF and interim pre-SR-125 fee into one fee. The effect of this proposal is to combine all of the facilities into one fee. This then would not provide a separate fund for SR-125 facilities under the present accounting methods (however, a special fund could be created). Currently, about 7,000 EDU's out of 22,830 EDU's in the SR-125 fee program have credits against payment of TransDIP fees. Since the credits are in the form of EDU credits, this would exempt these properties from fee increases (such as adding SR-125 facilities) although it should also exempt these properties from fee decreases (see issue No.5) These 7,000 EDU's represent more than 30% of the total EDU pool Excluding them from these increase forces the other developers to pay fees 33% greater than they would pay under the original staff recommendation. Staff notes that this shifts more of the burden onto the shoulders of later developers. The proposal does have merit when one considers that, if the SR-125 Tollway is built, the fees will be reduced to reflect the cost the remaining needed facilities. This benefit will not be realized by earlier developers, since construction of the tollway will not be assured for several years at best. 2. Proposal to have separate fees, but exempt properties that have prepaid the TransDIF fee. The current staff proposal for the SR-125 DIP has a different benefit area from the TransDIP, since the SR-125 DIP is intended as an interim facility to provide relief well before the build out of the TransDIP area. Thus, the issue becomes two separate issues, depending on whether the new SR-125 DIP uses the previously defined area of benefit, or uses the larger TransDIP area of benefit. a. Maintain SR-125 DIP area of benefit As discussed in the previous item, there are approximately 7,000 EDU's of credits in the TransDIP program. Using the smaller area of benefit of the SR-125 DIP, credits would reduce the participating properties from 22,830 to 15,779, increasing the fee from $1,358 per EDU to $1,964. Staff is of the opinion that exclusion of so many units places an unfair burden on the remainder. /:2"5' w Page 5, Item Meeting Date 10/26/93 b. Use the lar~er TransDIF area of benefit The area of benefit contains 32,753 EDU's and would pay $948/EDU. Subtracting EDU credits, the remaining 25,722 EDU's would have to pay $1,520/EDU The larger area of benefit, however, presents legal issues, since the engineering study (IINTB report) shows that the facilities cannot serve all of the properties in the benefit area. The fundamental problem that arises is the proposal to develop a financing program relying upon collection of fees from properties, which will not necessarily be able to develop when the facilities are constructed. The merits of this proposal are the same as those cited on issue # 1. 3. Proposal to split SR-125 DIF into two or more zones recognizing that properties closer to 1-805 will not use these facilities as much. This issue acknowledges the fact that differently situated properties will use the interim facilities to a differing extent. Traffic from San Miguel Ranch, for example, is not likely to use East Orange Ave. to the same extent as Otay Ranch. Staff recognizes this fact, but notes that this point does not consider that the building of interim facilities is designed to remove traffic from existing arterials, providing additional capacity on the entire system. Properties that do not directly benefit from the interim facilities benefit from the increased capacity on the existing arterials. Thus, staff believes that the entire area of benefit suffers from the lack of these facilities and benefits equally from their presence. As an example, less traffic would travel west on "H" Street or Telegraph Canyon Road from Eastlake and Salt Creek, thus freeing up capacity for Rancho del Rey and Sunbow. In subsequent discussions, the developers have generally agreed that this concept is not as important as other issues raised. Staff, therefore, has eliminated this concept from the subsequent analysis. 4. Proposal to give properties that have prepaid the TransDIF fees credit for the SR- 125 portion of that fee. This issue involves recognition that the previous TransDIF program had facilities in it which were identified as SR-125 facilities. Properties that have prepaid the TransDIF through EDU credits from assessment districts would be paying for these same facilities twice if they were charged the new fee. Staff s view of the TransDIF is that the participants were buying into a program, not a group of individual facilities. Past participants paid fees and facilities (such as East H Street) were constructed with those funds, rather than earmarking a portion of each fee to a specific facility. If portions had been earmarked as described, a developer constructing a facility could not be repaid completely until all fees had been collected at the end of the program (approximately 2015). Never the less, it is true that, as the developers indicate, the TransDIF already paid was based on certain SR-125 facilities being included. Therefore, staff believes that it is an appropriate compromise to give credit for that part of the fees paid. Under this new recommendation, any developer with outstanding EDU credits will still pay the SR-125 DIF, );2-? Page 6, Item Meeting Date 10/26/93 but the amount will be reduced by the portion of the EDU credit that would be attributable to the SR-125 facilities that were included to come up with the previous fee. 5. Request to address the issue of situations where the fee is lowered (commercial land uses) to the point where prepaid fees are greater than the fee due. As indicated in the July 27 Agenda statement, staff is proposing to lower the trip generation factor for commercial property from 400 trips per acre to 250 trips per acre. This issue arises as a result of that change when assessments placed on the property as EDU credits exceed the proposed fee. This creates a situation where some properties that "prepaid" their fee would be paying more than their current fee obligation. This situation is the exact opposite of issues 1 and 2 in the sense that the developer has either prepaid fees, and completed the obligation, or has not. To look at situations when the fee is lowered under one standard and where fees are raised under another standard is, on the surface, contradictory. However, as pointed out on page 12 under the heading of Commercial Land Uses in the July 27 agenda statement, the previous trip generation rate placed an inordinately heavy burden on commercial properties. Therefore, staff is now recommending modifying the TransDIF to include a fund of approximately $1 million to resolve such situations, bring equity to all undeveloped commercial property and to encourage such needed economic development. 6. Can social or economic benefits be considered in developing or applying the fee? This issue proposed to take social or economic benefits consideration with respect to fee burden. With respect to establishment of the general fee structure, this proposal presents difficulties, since the other parties participating in the fee program are assessed based on a uniform factor (i.e. trip generation). As a policy, to depart from the uniform nexus in certain cases is risky in that if too many situations are adjusted because of "social or economic benefits", the entire fee could be more successfully challenged by a party not receiving such benefit. Staff, therefore, recommends that Council consider reducing fees based on social or economic contributions on a case-by-case basis. The following tables compare the financial impacts identifying the fee or fees necessary to implement, the total fees and the parties that benefit most from the proposal (compared with staff recommendation as a baseline). As previously discussed in this report, issue NO.3 is not analyzed and issue -number 6, social or economic benefit consideration was not included in this chart because the specific proposal is not sufficiently defined to estimate fees associated with Othe issue. r ))-7 Page 7, Item Meeting Date 10/26/93 TABLE 1. FEE COMPARISON BY ISSUE 1,2b $4,439 $4,832 -3.4% 2a $5,192 $4,832 + 13% 4 $4,713 $4,832 +3% 5 $4,633 $4,832 +1% * Based on staff recommendation - includes 5% reduction MAJOR DEVELOPERS IMP ACTED Description McMillin Eastlake Baldwin Sunbow San Miguel Issue No. Total EDU's remaining 3,385 12,427 8,542 2,905 2,179 Remaining EDU's with out 1,115 9,610 8,182 2,905 2,179 credit 1,2b Retain Credits, TransDIF area (3,296,000) 2,368,000 112,876 420,000 788,037 2a Retain Credits, SR-125DIF area (2,054,000) (4,496,000) 3,828,000 1,754,000 815,000 4 125 Credit (589,000) (866,000) 866,965 352,000 163,000 5 Commerical Adjustment 45,000 (641,000) 335,000 120,000 90,000 8R-125 Development Impact Fee Recommendation As indicated above, staff recommends a uniform fee, similar to the TransDIF fee, that the fee system be separate from the TransDIF system, and that TransDIF credit for portions representing SR-125 segments be given. Under this recommendation, the following changes will be implemented to the recommendations contained in the July 27 agenda statement: Add approximately $1 million to the TransDIF to bring individual assessments on commercial properties in line with fee obligations where assessments exceed the new obligation. j;2-Y Page 8, Item Meeting Date 10/26/93 Add approximately $2.6 million to the interim SR-125 DIF program to apply to properties that have EDU credits. SR-125 fees for these properties would be reduced by the actual amount of SR-125 facilities in the prepaid TransDIF for those properties. FISCAL IMP ACT: Fiscal impact to the City would involve revenues to administer and support the program or programs, which would be essentially constant from proposal to proposal. WPC F:\HOME\ENGINEER\AGENDA Isr125.2 092793 ) .2--1 u CF I CONSTRUCTION INDUSTRY FEDERATION REPRESENTING . Associated General Cootmctors, San Diego Chapter, Inc. ~BuikJing Industry Association of San Diego County October 6, 1993 Mr. John Lippitt Oirector of Public Works City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 RE: SUGGESTED SCOPE OF WORK FOR A REQUEST FOR PROPOSALS REGARDING THE ADMINISTRATION OF THE EASTERN CHULA VISTA TRANSPORT All ON DEVELOPMENT IMPACT FEE AND THE STATE ROUTE 125 DEVELOPMENT IMPACT FEE PROGRAMS Dear John: Thank you once again for meeting with CIF and developer representatives recently on matters concerning the proposed increase to the existing T -OIF and the proposed new pre-SR 125 impact fee. As a follow-up to the meeting, CIF is pleased to provide for your review and consideration a suggested Scope of Work for a "Request For Proposal" to administer the T -OIF and pre-SR-125 fee programs. Introduction The following describes the Scope of Work for a multi-year management effort regarding the administration of the Eastern Chula Vista Transportation Development Impact Fee (Trans- OIP) and the pre-state Route 125 Development Impact Fee (pre-SR 125 OIP) Programs. The City of Chula Vista will oversee this management effort, and respondents will be expected to work in partnership with City staff in the conduct of this work. Background The City has recently proposed a comprehensive update of the Trans-OIF which was originally established in January of 1988. The last update occurred in December, 1990. The Trans-OIF was originally based on a fmancial and engineering swdy of the major streets required to serve anticipated development in the City's eastern area with the premise that all new development would share equitably in the cost of these major streets. The City intends to continue using this methodology with some slight modifications. Other adjustments in the Trans-OIF program are also proposed, including an increase in the program support component. Since continued development in the eastern area is expected to result in a significant increase in traffic on the planned road system, the City has concluded that a major north-south facility will be also necessary to service continued development While construction of a toll road in the State Route 125 corridor would help meet this need, the viability and timing of such a project is uncertain. If a toll facility is not built, this portion of SR 125 is not currently proposed for construction by Caltrans. In January, 1992, the City commissioned a study to analyze future transportation needs and develop contingency plans in the event that SR 125 is not constructed in a reasonable time frame. A report has been completed which contains a recommended roadway system and suggests a fmancing plan to pay for the improvements. The City is considering the adoption of a pre-SR 125 OIF to serve as the primary mechanism for funding construction of the identified interim facilities. );2-)cJ Page 2 October 6, 1993 Over the past year, there have been a number of meetings involving area developers in an attempt to achieve consensus on the proposed fees. In general, the developers support the use of development impact fees as a primary method to finance construction of the necessary improvements. However, the development community has proposed the pursuit of a reasonable level of non-local matching funds in support of the overall Trans-OIF and pre-SR OIF improvements. In addition, the developers have suggested the establishment of a joint City-private sector management effort to oversee the administration of the proposed fee programs. The City agrees with the need for an effective management approach to the administration of the Trans-OIF and pre-SR 125 OIF programs. The purpose of this Request for Proposals is to solicit input from qualified rums interested in providing this management service. Overall Approach It is intended that the fee program management effort will be conducted in partnership with City staff. The City will oversee the activities of the consultant, and it will be necessary for the consultant to work closely with city staff on all aspects of the effort. It is also intended that the consultant will assist the City in communicating with the development community. As such, it will be necessary to maintain regular contacts with developers and to aid City staff in responding appropriately to developer input and concerns. Controlling costs and developing an effective approach to implementing the necessary transportation improvements are major objectives of this effort. The consultant should plan to take advantage of existing studies and data where feasible, and not duplicate work which has already been accomplished. The Scqpe of Work for this effort includes four related tasks: Task 1. Plan and Program Review Task 2. Plan Development and Implementation Task 3. Developer Impact Fee Program Administration Task 4. SR 125 Toll Road Coordination Task Descriptions 1. Plan and Program Review This phase should involve an objective analysis of all related transportation planning data for the City's eastern area, including the City's interim SR 125 transportation plan for the area, the improvements proposed as part of the Trans-OIF Program and the current Caltrans/California Transportation Ventures plans for the toll road in this corridor. The intent of this analysis is to provide the City and developers with a realistic assessment regarding these plans and their overall feasibility. )e:2-// Page 3 October 6, 1993 2. Plan Development and Implementation This task requires the development of appropriate funding and construction phasing plans, as well as an overall strategy for implementing the required transportation improvements. As part of this task. the consultant should identify funding options, outline an appropriate strategy for obtaining those funds, and advocate for allocation of the funds as directed by the City. To effectively accomplish this element, it will be necessary to review and determine cash flow requirements based on the timing of facility construction and the availability of funding. 3. Administration of Developer Fee Programs This task involves assisting the City with the administIative management of the Trans- DIF and pre-SR 125 DIF programs. This component requires that the consultant assist City staff in the implementation of the fee structure, in monitoring the application of fees to ensure equitable administration of the programs, and in resolving problems as they arise. This activity should be viewed in part as a performance audit function to ensure that all parties are receiving the most return for the fee dollars invested. This effort will also require ensuring that the assessment process, the development of alternative funding sources, and plan implementation activities are all accomplished on time and on budget. 4. SR 125 Toll Road Coordination Because of the importance of the SR 125 toll facility to this effort, this task requires that the consultant assist the City in coordinating with Caltrans and California Transportation Ventures representatives on a regular basis. To the extent possible, the consultant will be expected to offer advice on the accelezation of project delivery and to assist the City in providing local input to the project development process. It is intended that this involvement with the toll facility project will provide a more solid technical background for considezation of other project alternatives if the toll road is not constructed. CIF is hopeful that the draft Scope of Work for a "Request For Proposal" to administer the T-DIF and pre-SR-125 fee programs meets your needs and expectations. Please call me if you have questions. 1.2-/~ '\Y '~:, . I ii' ;,;\.; .':';. , , M .t1 8l o.~ a. _ ::Jo> CC\l .c e:- C\l ~gJ(I) ":lijaJ> ~""")o.. ~' <0 .. .:~.:.\ /.; {,) ~:~~ /:: ~ ~ Q,) '"' 'r: " .... ::" '\:) ;:\; r~ . ... t'.! ,,~)~ t.' ~ ,,~ <0 ~ :!J - (I) .... ~-5~ ,~ -o-,!!! Ul (I) Ul (l)UlO Ul Ul (I) ~a'O :sz,!!! 0.. .... -0 _ o Ul C ?; <II ~ (I) -0 (I) -S2ig -<II 0.... 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M.....O Qll:1'",::l'O::l""l:1' .....""....'O<Xl"".j.J w...-t,....l Ul,....lr-C tf'-..-t.t: ItS c>> Q).....N QJ 0........ .,-i u 0.... u......c: X::l ,+' .c:.Q 0 QI ::l X "".Q ::l C .j.J.,-i or- C 1Il E-< O'O.Q.Q Q) 0.0 1Il::l 0.... ~~H.,-i o '- 1HlS PAGE BlANK /..2/~? .,' ~.,~_~.__.~.~;.._...;_."_,,"; "."H,'--'_,...._.,.~,.,._.._.1..".'~,.."'__..~,__"'__.,_____.--~-,~~""",.'_.. COUNCIL AGENDA STATEMENT I tern /8 Meeting Date 10/26/93 ITEM TITLE: Report on Staffing for Mayor and Council Offices Resolution Ordinance SUBMITTED BY: City Manager~ 4/5 Vote: Yes No____ Feedback has been received from some members of the City Council that the current staff support system for the operation of the Mayor and City Council is inadequate. While work such as responding to constituent complaints and, to a certain extent the scheduling of appointments, have been performed in a satisfactory manner, input has been received that the immediate staff in the Mayor and Council Office does not provide adequate support in other areas. An interest has been expressed in improving the flexibility of staffing in the Mayor and Council Office so that, in addition to clerical support, an employee who can actually manage the office and perform a wide variety of services, comparable to those provided to members of the Board of Supervisors and to members of the San Diego City Council. Based on this feedback and request for further input and information on Council staffing, this report has been prepared. Resolutions and ordinances implementing the recommendations of this report will be provided to the Council at the October 26 meeting. RECOMMENDATION: Receive and Consider. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION: There has been a concern expressed on behalf of some members of the City Council to this office that the staff support system for the Mayor and Council Office is inadequate. Currently there is a Senior Management Assistant position, which is budgeted in the City Manager's Office and supervised by that office, and assigned to provide direct support to the Mayor and Council, providing a variety of constituent service support, letter writing, and supervision of the two clerical positions in the Mayor and Council Office. In addition, there are five .25 FTE Council Aide positions budgeted, although most of these part-time hours are not being used. This does not conform to the support received by members of the Board of Supervisors or City Councils where there are a variety of staff, including a Chief of Staff and employees who provide constituent services. Since Chula Vista is not as large as those public agencies, there is no effort in this report to recommend the number of staffing contained in those agencies. u~> S~o~ ~'f~=~). "I Ix II I 0-1 d 1/;7 fr /::3 - 1 G.~~ C9-,c (For example, four of the five members of the Board of Supervisors have seven to eight staff each.) What is being examined here is a scenario which would provide the Mayor and City Council an opportunity to have staff who can provide thel.1eve1 of staff support which at least some members of the City Council currently feel is lacking. This additional support could include managing the Office ?,f the Mayor and City Council, conducting policy research on a wide variety of ~ssues and reports, preparing short turnaround on simple reports for the Mayor an~ City Council, researching and writing speeches, work with the Public Infoqllation Officer in dealing with the press, preparing summaries of staff reports to assist the Mayor and the Council, possibly attending a wide variety of 10CI'l and regional meetings both with and for the Mayor and City Council, maintain'ng an effective liaison between the Mayor and the Council Office and the City Man ger's Office and other agencies, etc. A draft job description of the types of uties a position of this nature might perform is enclosed as Exhibit A. In addition to the two clerical positions supporting the Mayor and the City Council, there probably would need to be a position to provide const~tuent services, which would be supervised by this new position. , There are several issues which need to be addressed in connection with eva1~' ating this additional staffing. Before looking at those issues, however, you hou1d know that I have observed the staffing level being supplied to the Mayor an City Council and, while it appears to be satisfactory from the point of view 0, some members of the City Council, it has not been satisfactory to other members bf the Council. While in a traditional Council/Manager form of government, the City Manager and his/her staff perform much of the work described in the draft job description, such as conducting policy research on a wide variety of issues and topics and so advising the City Council, it is also true that in agencies throughout the State staff people work directly for the Mayor and City Council and not the City Manager, in order to perform similar work. This does not necessarily involve interference with Administration, since major repor sand analyses would continue to be done by regular City staff in these other jurisdictions. The difference is that it provides an opportunity or an individual elected Council member or the City Council as a whole to btain information on "small" research projects where there is a need for a quick turnaround, where information needs to be supplied for a regional meetin that may be occurring that day or in a couple of days, or the following week. While the City of Chu1a Vista should pride itself on its ability to be flexible and address changing issues, it is still a bureaucracy that may not be able to upp1y support that is satisfactory to all members of the City Council. On the, other hand, the existing staff in the City Manager's Office and elsewhere in the organization is there to be used to provide needed support on a day-to-day ~asis, such as the Deputy City Manager assisting the Mayor on the Twinports issue. The point is, however, that this Administration can work with whatever type of organization of Council staffing the Council desires. , Turning to some specific issues, one question is the level and type of posntions that would be involved in an improved support scenario for the Mayor and City Council. In circumstances such as members of the State Assembly and State Senate, a member has a set amount of money in which there is flexibility as to the number of employees that can be hired within that amount. For example, a member of the Legislature may have $180,000 for staff and they could hire three /3 -- 2 $60,000 a year employees or nine $20,000 a year employees at their discretion. I believe that this is similar to the City of San Diego except that they have three job classifications. These include a City Council Representative I ($15,600-$66,000), Council Representative II ($19,200-$70,200) and Council Assistant ($19,416-$73,260). Currently there are eight Council Assistants, thirty-six lis and twenty-three II's. .There are no job descriptions for these positions and the broad salary ranges provide the flexibility of the individual Council member to place an individual employee within that broad range and also hire the number of employees they may wish within a set budgeted amount. The County of San Diego has two classifications, an Investigator I ($16,536- $33,072) and an Investigator II ($31,428-$64,521). Three of the County Supervisors have eight positions each at the Investigator II level, one Supervisor has one at the I level and six at the II level, and the final Supervisor has two at the I level and one at the II level. Another approach for providing Council staffing would be to establish another position, say at the Principal Management or Senior Management Assistant level. Perhaps it could be titled a Council Assistant. For example, a Principal Management Assistant level position ($48,327-$58,741) could be utilized as the Chief Assistant and Office Manager for the office, with its current Senior Management Assistant being retained for constituent relations. Another option would be to have a new Council Assistant position as the Chief of Staff and Office Manager, and keep the current person, perhaps, with a different title for constituent relations and perhaps at a lower level (Administrative Analyst II) than it is currently. These are the positions that would fit within the salary and position schedule that currently exists in the City. If a specific job classification, such as Senior Management Assistant currently being used, or something at the same salary range identified as a Council Assistant, Investigator II, etc., it probably should be in the Senior Management Assistant salary range ($42,024-$51,081). By way of comparison, you noticed above the very broad ranges used in both the City and County. While the City of San Diego's specific salaries are not available, the salaries for staff of the County Board of Supervisors usually is in the mid $50's for Chief of Staff and for someone handling constituent complaints, it begins at about $25,000 for beginners on up to $40,000/year for someone who is experienced at this type of work. There are also some salaries in between ($40,000-$55,000) for those that may have some spec i a 1 expert i se such as finance. I n other arenas, such as staff support for members of the Assembly and State Senate, we have been unable to uncover the salary paid for these positions. So, the only basic information we have is the salaries paid those staff members that support the members of the Board of Supervisors. The staff systems used by the County and the City of San Diego probably provide more flexibility in terms of implementation; however, using a specific job class would fit in with the job class system in the City of Chula Vista. Another issue is whether the position should be classified or unclassified. Related to that issue is who would be supervising the professional positions within the Mayor and City Council Offices. Currently the Senior Management Assistant position is budgeted in Administration, and is out-stationed to the /::3-3 Mayor and City Council Offices to provide more day-to-day support than can be directly accomplished through the City Manager's Office. On the other hand, the Charter provides (Section 304 (B) 6) that the Mayor shall have the power and duty ". . . to supervise the operation of the Mayor/Council Office and personnel assigned thereto. . ." Based on that, then, it could be argued that any staff assigned to the Mayor and Council Office should be under the supervision of the Mayor and City Council. Addressing this with the Mayor, he has indicated that he feels the office could be administered more effectively by having the ability to supervise the staff assigned to that office, including discipline and salary setting. If that is the direction the Council wishes to proceed, then the position probably should be transfer(ed to the Mayor/Council Office from Administration and made unclassified. Another issue is the appointment of the professional staff in the Mayor/Council Office. Up to now the practice has been a collaborative effort where both the Mayor and members of the City Counc i 1, and the City Manager, i nterv i ew candi dates after a recruitment process conducted by Personnel, and there is an attempt to obtain a consensus before a person is appointed to that position. As the person responsible for supervising the operation of the Mayor/Council Office, the Mayor feels that that duty can be performed more effectively if the Mayor has control over both appointing and setting the salary of the positions assigned to that office. As a wrinkle to that particular scenario, the Council report of September 17, 1991 when this issue was addressed, stated the following: 'II The City Attorney's Office has concluded that the position would need ito be supervised by the Mayor and appointed (or terminated) by a 3/5ths vote of the Council. In order for the position to be appointed by the City Council, the City Attorney's Office has concluded that the position needs to be part of the office of the Mayor and City Council, including being budgeted therein. . ." This alternative would also require that the City Council establish the Department of the Office of the Mayor and City Council. This can be done by a 3/5ths vote, whereas to create the position as unclassified would require a 4/5ths vote. Staff would suggest that, if this occurs, such a position be included in the Mid Management group at an appropriate salary range. Copies of the minutes and past reports regarding this overall issue, including other options which were considered at that time, are attached. Also attached is a City Attorney's memo on this subject dated September 15, 1991. The final issue is how to support these positions financially in light of the budget crisis in the state, which adversely impacts local government, including Chula Vista. There are at least two ways in which this could be accomplished utilizing existing budget resources and probably ending up with a net savings to the overall City budget. One alternative would be to convert the five .25 FTE Council Assistants into a full-time position. Currently $50,130 is budgeted for the five .25 FTE Assistants, not all of whom are currently being used. This would be a way in which the existing resources of the City could be utilized to support this additional staff assistance. A second approach would be to transfer dollars from the Fire Department to the Mayor/City Council budget for the vacant Principal Management Assistant currently in that department. By underfilling that position at the Senior Management Assistant level or as a Council Assistant II in that same general salary range /3- 4 (say 5% higher), there would be a savings of around $9,009. By way of background, the City has had one Principal Management Assistant supporting both Police and Fire, but there has been a need for a full-time Principal Management Assistant in the Police Department, to full-time positions were created in both the Police and Fire Departments. While there may not be as much as a need for a full-time position in Fire, whatever staff needs there are in the Fire Department probably could be supported by two or three days per week by an Analyst elsewhere in the City organization. There would be a savings of $9,009 by in effect underfilling the Principal Management Assistant from the Fire Department, if it is transferred into the Mayor/Council Office. The advantage of this shift, in addition to the dollars that would be saved, is that the Mayor and Council would still have the flexibility of hiring quarter- time Assistants is they so desire. FISCAL IMPACT: If the five quarter-time Aides are eliminated and a Council Assistant position is created, there probably will be no increase in expense. If the Principal Management Assistant is transferred from Fire and underfilled to the next lowest classification, there is a projected savings of $9,009 annually. If that occurs and the Senior Management Assistant position is underfilled to the next lowest classification, the total savings would be $19,551. 13- 5 City of Chula Vista Class Specification 10/93 COUNCIL ASSISTANT II (UNCLASSIFIED) EXHIBIT "A" DEFINITION Under general supervision, to perform highly responsible and sensitive administrative duties in the management and supervision of the Mayor and Council office; to provide support to the Mayor and Councilmembers; to deal with varied constituent and political issues and to do related work as required. PRINCIPAL DUTIES Performs responsible administrative duties in managing the office of the Mayor and Council; conducts policy research on a wide variety of issues and topics; prepares short turn-around and lengthy, complex reports for the Mayor and Council; researches and writes speeches for the Mayor; assists the Mayor and Council in relations with the press including working with the Public Information Coordinator in preparing press releases, assisting the Mayor and Council in preparing responses to inquiries from the press and responding to the press personally for the Mayor and Council; prepares summaries of staff reports to assist the Mayor and Council; prepares a wide variety of letters in response to constituent questions, concerns and complaints; may attend a wide variety of local and regional meetings both with and for the Mayor and Council; may make presentations and respond for the Mayor and Council in their absence; maintains effective liaison between the Mayor and Council Office and the City Manager's Office and other departments and agencies; may perform special assignments relating to legislative issues, policy development, community programs or interagency projects; prepares and administers the budget for the Office of the Mayor and City Council; may work with a wide variety of community groups, boards, commissions and City staff; trains and evaluates the performance of subordinates. DESIRABLE OUALIFICATIONS Training and Experience Any combination equivalent to graduation from college in Political Science, Public or Business Administration, or a related field and four years of experience working with/for elected officials at the local, State or Federal level. KNOWLEDGE. SKILLS AND ABILITIES Knowledge of public administration policies, practices and procedures; knowledge of the Mayor/Council form of government; familiarity with budget; knowledge of and experience with personal computers and various applications; superior ability to gather, interpret and analyze data; superior ability in oral and written expression; personality, attitude and temperament necessary for effective working relations with a wide variety of individuals in the political process, City staff, staff of other governmental agencies, and the public; ability to schedule and supervise the work of others; ability to exercise discretion and good judgement in dealing with confidential issues. /3-~ / /3 -15 Minutes September 17, 1991 Page 8 John Willett, 97 Montebello St., Chula Vista, CA, a member of the Parks & Recreation Commission, spoke in favor of the staff recommendation. Michael Roark, 231 4th Ave., Chula Vista, CA, spoke as a citizen in support of the Boys & Girls Club of Chula Vista. Mr. Roark was in opposition of staff recommendation and stated that a contract should be drawn up between the City and the Boys & Girls Club. Jonnie Loughlin, 230-.0 Regency Ct., Chula Vista, CA, spoke in opposition of staff recommendation. She stated that the Boys & Girls Club provided a positive role model to the children as well as having fine programs. She presented the Council with a signed petition. Pauline Madden, 273 "L" St., Chula Vista, CA, spoke in opposition of the staff recommendation and highly recommended the Boys & Girls Club. Bill Teichman, 1530 Greenbay St., San Diego, CA, spoke in opposition of the staff recommendation. Mr. Teichman stated that the new facility should be for youth and there should be no adult programs. Ben Richardson, 555 Broadway, Ste. 1019, Chula Vista, CA, spoke in opposition of the staff recommendation. He asked Council to look at the minutes of the June 1987 Council Meeting and stated that the Boys & Girls Club could maintain the facility. Mayor Nader stated that he wanted to make sure no child would be turned away for lack of funds. MSUC (Malcolm/Nader) to direct staff to negotiate and bring back a contract whereby the Boys &: Girls Club would be the lead agency for the facility and proper safeguards be included that had been pointed out by the Councilmembers. including maintenance and proper review periods, and giving the Boys &: Girls Club the hours of use they requested. Councilman Moore stated that the goal would be to reach an agreement to include elements in maintenance, hours and days of operation, programs,!otential for other users and a liaison between the primary users, the Club and the City. He stated that' agreeable with both Councilman Malcolm and Mayor Nader, he would like to see those included in the motion. The result should be an- excellent contract. Mayor Nader called a recess at 8:18 p.m. The meeting reconvened at 8:33 p.m. 14. REPORT COUNClL STAFF ASSISTANCE - The Council will be called upon to evaluate and deliberate on the issues associated with creating Council staff assistant positions ("Council Staff'), and, as the Council deems appropriate, to implement certain ordinances and resolutions that will achieve such purpose. (Deputy City Manager Thomson/City Attorney) 4/5's vote required. (15106) Councilman Malcolm stated he was opposed to staffing for council and to not having a staff recommendation on this item. The Charter had given the City Council certain rights as to what they can and can't do. Council staffing can enter the Council into a whole new set of politics. During budget time it was said if there were additional staffing it would go through the personnel department. This should be brought up during budget time next year when there would be competition against other programs and the public would have input. This should be referred to the Charter Review Committee prior to Council action for their input, as well as any other appropriate City of Chula Vista committee. Mayor Nader stated he recalled that this had been brought up during the budget process. It had been determined unacceptable by Council and Council directed staff to bring it back after the budget process and that is what happened. He said the function of the Charter Review Committee was to recommend proposed changes or revisions to the Charter not to judge whether something complies with the Charter. /]-7 ,.......,+..>..,'~~,---~~,-,~-~~'".._-~.....'-...-_~---",...~.".--...-.--- Minutes September 17, 1991 Page 9 Councilman Malcolm stated that because of the change in direction he would not mind the Charter Review Committee and the Board of Ethics both looking at this. Motion: (Malcolm) to refer this to the Charter Review Committee and the Board of Ethics for review and report back. and that there be a staff recommendation. Motion failed for lack. of a second. Mayor Nader stated that after appropriate staff were adopted he would have no opposition to asking the Board of Ethics to give any recommendation they might have as to what is, in their view, ethical about use of staff. He said he did not want to delay this item further and thought a full time assistant to the Mayor and part time assistants to the Council would be appropriate. Councilman Rindone stated that the Council needed to provide the best possible service to their constituents. He stated that he favored the small staff of constituent assistants on a limited and perhaps trial basis. Councilman Malcolm asked what the person would do that staff had not been providing. Councilman Rindone said that on page 14-11 under 2.C it stated "...the functions of constituent relations, representing Councilmembers at community meetings, possibly assisting in the development of policy proposals, and other related duties." This would be a small step to allow access to constituents. Under that proposal it would be a maximum of .25 constituent non-administrative staff on an hourly basis, fringe benefits, unclassified up to a maximum of 500 hours. He stated that he thought this was a realistic and viable step toward that direction. If a Councilmember chose not to utilize that, it would be their choice. But he thought that this would be an opportunity to allow constituents to dialogue with Councilmembers or other immediate constituent staff. Councilman Malcolm stated that this could turn into possible abuse and would rather ask for help from the City Manager. Mayor Nader stated that there were critical issues facing the City right now that required a great deal of his time. The difficulties being experienced were the fault of a system that is out moded. With a larger constituency now and Cl' full plate of issues, the person hired would have plenty of legitimate work to do. He said there was a fundamental difference between the function of the appointed administrative official and the elected official. At times the assistance from the City Manager's office was not what he, as an elected official might need. The full time position would have three responsibilities: 1) administer the council office; 2) assist the mayor; and, 3) serve as back up for overflow with the other 114 time positions for the Council. He asked the City Attorney why the assistant to the Mayor, to be appointed by the City Manger, required a 3/5's vote, but the assistants to the Council, appointed by the City Manager, required a 4/5's vote? He asked why the majority of the Council could not do the same thing for the Council as for the Mayor. City Attorney Boogaard stated that he thought the Mayor was focusing on Ordinances 1B, 2C, 2B and 2C which created a council department with a 3/5th's vote. The contract position, second alternative, could occur because it was a contract and no positions were being created. When a position is created it requires a budgetary amendment. He stated 2D would be contract staff and if the Council were going to consider a 2D contract staff position, it had to be determined if there were sufficient funds or if an appropriation were required. Jim Thomson, Deputy City Manager, stated the answer would depend on how the full time position were handled. If there would still be a full time position in some capacity then he thought there would be a funding problem and probably had to go back to an appropriation issue. J3--Y Minutes September 17, 1991 Page 10 i" Motion: (Nader) to accept Alternative 1C and 2D for 4 contract positions through the City Manager's office. To include supeIVising the operation of the Mayor and Council office; assist the Mayor; and. serve as backup for overflow with the other 114 time positions for the Council. Motion failed for lac:k of a second. MS (Rindone/Grasser Horton) to accept 2C, Ordinance 1B that requires a 3/5th's vote to establish the Department of Mayor and City Council and come bac:k to Council in 30 days with a resolution. This would provide status quo for the Senior Management Assistant position, no change other than filling it permanently with the aurent job description and up to a maximum of 1/4 time or 10 hours per week. or a maximum of 500 hours on an unclassified hourly scale per Councilmember. Amendment to motion: (Rindone) to state that in addition to the existing original position, creating 5 unclassified 114 time council positions without creating a department. City Attorney Boogaard stated that on page 14-25, there was an Alternate 2C resolution which if amended to leave in the second to the last paragraph and in the fourth paragraph strike out "the new department of," would work. MS (Grasser Horton/Nader) to amend the resolution to state that in the event that a Councilperson declines the privilege of a Council assistant the City Manager had the authority to reallocate the 114 position to the Mayors assistant. Motion failed 2-3 with Malcolm, Moore and Rindone opposed. RESOLUTION 163480 WAS OFFERED BY MAYOR NADER., reading of the text was waived. MSC (Rindone/Grasser Horton) to accept Resolution 163480 as amended. Approved +1 with Councilman Malcolm opposed. 15. REPORT Ul1LITY UNDERGROUND CONVERSION FOR FIFTIi AVENUE BE1WEEN "L" AND NAPLES STREETS - On September 10, 1991 the City Council directed staff to prepare a report on the undergrounding of utilities on Fifth Avenue between "L" and Naples Streets. This report also addresses the next phase of Fifth Avenue between Naptes Street and Orange Avenue. The plans on this project are nearing completion and staff is working with the utility companies on the relocation plans. Staff recommends that Council accept the report. (Director of Public Works) (15107) MSUC (Malcolm/Moore) to accept the report. Councilman Rindone suggested that the list be prioritized and evaluated as to how the streets could be upgraded and make a major effort to start undergrounding. Cliff Swanson, Deputy Director of Public Works, stated they would be coming back to Council in the near future to address the remaining phases. John Lippitt, Director of Public Works, stated there would not be additional costs for the remaining phases. BOARD AND COMMISSION RECOMMENDATIONS 16. REPORT ENVIRONMENfAL AGENDA FOR THE 90'S - Beginning in August of 1990 the Resource Conservation Commission considered the "Environmental Agenda for the 90's" as submitted by Mayor Nader, who was Councilman Nader at the time. The August meeting was conducted as a public 'hearing with input from the development community and the Sierra Club. There are 57 items to the agenda, each including Mayor Nader's proposal and the Commission's recommendation. Recommendation is for J3~1 Minutes August 13, 1991 Page 12 17. COUNCIL COMMENTS Councilman Moore a. The Crime Prevention Committee is sponsoring a city-wide Neighborhood Watch Garage Sale. b. There are currently about 36 committees and commissions compared to 22 or 24 a few years ago. It is requested that staff and at least one member of the City Council review the cost of staffing of these commissions and that this be put on the following week's agenda. It was also pointed out that it may not be just the cost, but also the time involved where staff is taken away from performing other duties. Mayor Nader suggested that in the agenda materials, staff include an outline of the total amounts for staffing of boards and committees. Councilman Rindone a. Part-time staff assistance for City Council. Continued from the Council meeting of 7/9/91. Proposed to provide some additional support to the Councilmembers since Chula Vista is the second largest city in the county. What is important to him, is to be able to have some assistance for attendance at meetings with constituents and would like to see this move in a direction that does not cost any new monies. Staff has made several recommendations. This is not to affect the current staffing of the Mayor's office, but to be in addition to it, so that four councilmembers can split at least one-fourth of one clerical staffing position. That would allow the councilmembers to have 8 to 10 hours per week of assistal}ce for constituents input and meeting attendance. Would like to refer this to staff to look at and then come back to the Council to review. MSC (Rindone/Nader) to direct staff to implement option #4 in the staff report: "to add the equivalent of two more full time staff to support the Council work effort. This could be in the form of a half-time person to support each member of the Council (the Senior Management Assistant would still support the Mayor), or there could be two full time positions that would support the remaining four members of the Council. The advantage to this option is that each Councilmember could have their own person to help support their work effort and to be able to individualize the response to constituent relations and policy development initiatives compared to the current level of support.- To provide a maximum of 8 to 10 hours for one clerical position to be split between four councilmembers and that justification be developed for eliminating various positions that are suggested or to look at reallocations from other departments from existing vacant positions. Approved 4-0-1 with Councilman Malcolm absent. ADJOURNMENT Adjourned at 9:04 p.rn. J]-/t/ Minutes April 2, 1991 Page 10 \, ArnON ITEMS 32. REPORT ON GROWTH MANAGEMENT OVERSIGHT COMMITTEE RECOMMENDATIONS FOR PARKS AND RECREATION - At it's 8/23/90 meeting, Council considered the second annual report of the Growth Management Oversight Committee (GMOC) and referred those recommendations dealing with parks and recreation issues to the Parks and Recreation Commission for input. Although the GMOC found that the City was in compliance with the Parks and Recreations threshold, it had some additional recommendations for increasing the amount of parkland in the City. Staff recommends that Council accept the report. (Director of Parks and Recreation) Jess Valenzuela, Director of Parks and Recreation, reviewed the recommendations. Councilman Malcolm objected to the recommendation which required that all new multi-family residential developments provide recreational areas when possible. He felt there should be a set rules and regulations so that developers would know what had to be followed. He hoped that staff would review this recommendation before coming back to the Council in final form. Councilman Rindone requested that staff look at Recommendation #3 regarding the implementation of a minimum level, i.e. nine units or more, etc. On Recommendation #1 he hoped that on a matching basis the City could provide renovation and upgrading, but that attention needed to be placed on the purchase of park lands on the west side. He would like to see this go back to staff for development of a formula that would use DIF fees for renovation and also target land purchase. . He would like to see staff look at a park benefit fee in Recommendation #2. This would be for large projects only, a reasonable approach which would not impact smaller projects. Recommendation #4, Item #5, regarding net park acreage, should include an incentive rather than the zero credit recommended. He would support the recommendations if amended. Mayor Pro Tempore Moore felt that the schools and City should work together to fully utilize school property. He also felt that PAD fees should not be utilized for repairs but for upgrades and expansion only. MS (Nader/Moore) to accept the report. AMENDMENT TO MOTION: (Moore) PAD fees are not to be utilized for repairs but for upgrades and expansion only. All PAD projects are to come before Council for approval. Motion died for lack of second. City Manager Goss informed Council that all PAD projects go before Council for approval during the budgeting process. AMENDMENT TO MOTION: (Moore/Malcolm) PAD fees are not to be utilized for everyday repairs but for upgrades, expansion and renovation. Approved unanimously. VOTE ON MOTION: approved unanimously. 33. REPORT ON POTENTIAL APPROACHES TO COUNOL STAFFING - At the 1/24/91 Council goal-setting meeting, several Councilmembers requested staff to review the City budget to identify potential methods for funding Council staffing without any increase in the net City budget. The report provides follow-up information that was requested at the January 24th Council meeting, and provides a structure for further Council discussion and policy direction regarding Council staffing. Staff recommends /3-/ / Minutes April 2, 1991 Page 11 that Council discuss the alternative methods described in this report for implementing Council staffing and provide policy direction to staff, and determine whether the Council wishes to form a Council Subcommittee to further review issues related to Council staffing. (City Manager) MS (Moore/Malcolm) to defer this item until August when a full Council is seated. SUBSTITlITE MOTION: (Nader/Malcolm) to defer the item until June to be heard concurrently with the budget. Approved unanimously. 34. BOARD AND COMMISSION RECOMMENDATIONS: None 35. ITEMS PUllED FROM TI-IE CONSENf CALENDAR (Items pulled: 26) The minutes will reflect the published agenda order. 36. CITY MANAGER'S REPORT(S) Reminded Council of tl.1e tour on Saturday, April 6th at 8:00 a.m. Councilman Nader stated he had a conflict with that date and Mayor Pro Tempore Moore felt the mayoral candidates should be invited to attend. 37. MAYOR'S REPORT(S) Requested that the City Manager provide Council with an update on how the City will provide information regarding water conservation. 38. COUNCIL COMMENTS a. Nader: 1. Opposition to diversion of North County trash to South County landfill. Felt his concerns had been addressed during Supervisor Bilbray's presentation. b. Rindone: 1. Update on annual report of Chula Vista Transit passenger miles and fare box recovery rate. Chula Vista Transit has shown a 19% increase in passengers which is indicative of the need. Forty-seven percent of all costs are recovered through fare box recovery which is an outstanding percentage. 2. Noted the increased graffiti in the community over the last two weeks and requested an update from staff on abatement efforts and what could be done to enhance the existing program. Councilman Nader questioned what was being done on the Council referral regarding volunteers for the abatement program. ) J-/.2 _. ",..._".....~.~"',..~<......~.~+,.,,"_.....,..._o~"""'-.'""""_~..._..-.-....~_---."..,.--._-- Minutes January 24, 1991 Page 4 City Manager Goss stated staff would review and revise the lists and submit to Council for review and follow- up. He noted that the staff feels a major emphasis should be on the generation of revenues from other sources and they are reviewing all programs on an on-going basis. Councilman Nader stated he had asked staff to look at the development and attraction to the City of a computer sales center, similar to the mile of cars in order generate revenues. He requested that staff study the feasibility of this concept. 5. DISCUSSION OF HOW VISIONS AND MAJOR PROJECfS RELATE TO COUNCILMEMBERS' NEEDS AND COUNCIL STAFF ASSISTANCE City Manager Goss requested guidance from Council regarding their needs and staff assistance. Mayor Pro Tempore Moore felt his needs were different from those Councilmembers having full time jobs. He did express concern regarding staff responding to the constituency without coordination through one staff person. Councilman Nader stated he had experienced problems by not having a staff person working for a specific Council person. He felt it undermined public confidence and stated he could utilize a half time staff person. He questioned how the position would be funded and felt priorities in the budget should be reviewed. Councilman Rindone stated he could support Alternative #2 as submitted but did not feel that it should be an attempt to replace staff with staff. He also felt that he could utilize a staff person to attend community meetings on his behalf. Councilman Nader expressed caution regarding Alternative #2, as it utilizes existing management assistants, and questioned who they would be accountable to, i.e. Administration, Council, etc. City Manager Goss responded that with the guidance and direction from Council, he would return with a more in depth report on Alternatives #2 and #4. Councilman Rindone stated that after review, Alternative #4 was preferable to Alternative #2. He did not want additional funding for the position(s). City Manager Goss replied that staff would review the entire City operation without affecting service levels. He felt there were other issues that should also be addressed, i.e. level of support the Mayor would require versus the needs of the Council. Mayor Pro Tempore Moore suggested that a Council sub-committee be utilized in determining the demand that would be needed by individual Councilmembers. Councilman Rindone felt staff should be given the opportunity to bring back an initial proposal for review and then possibly have a sub-committee review. He agreed that the needs of the Mayor's office needed to be addressed. The City Manager is in the best position to propose where the revenues will come from and the reallocation necessary. City Manager Goss stated he would have to informally talk to the new Mayor regarding those needs, etc. J:J~!J ,,,~",.,,__'__~~."_"~"'~'--I'","'~~~C~"'__'_~_~""~__~___"_~ COUNar. AGENDA SfATEMENT Item I Y. Meeting Date 9/17/91 ITEM 1Tll..E: Report on Council Staff Assistance . Alt. 1B-2B-2C Ordinance - Creating the Department of the Office of Mayor and 2. ~ 1.'1 ~ City Council. Alt. 1.B. Resolution - \lD~~ca ~ Alt. 1.B. Ordinance - ~~1q A Alt. 1.C. Resolution - l~~\\\ e, Alt. 2.B. Resolution - ) '-' ~4 "e-. -7 Alt. 2.C. Resolution - II. ~ "t ~ 1:> Amending the FY 1991-92 budget and Resolution 15824 to eliminate one Senior Management Assistant position and add one Assistant to the Mayor position in the (City Manager's Office) (or Department of the Office of Mayor and Council) and establishing its salary and fringe benefits. Amending Section 2.05.010 of the Chula Vista Municipal Code to establish the position of Assistant to the Mayor in the unclassified service of the City of Chula Vista. Amending the FY 1991-92 budget to eliminate a Senior Management Assistant position in the City Manager's Office and transferring $47,700 from the City Manager's Office employee services account to the professional services account within the Office of Mayor and City Council. Amending the FY 1991-92 budget to add one full time equivalent Council Assistant I, II, or III position in the (City Manager's Office) (or Department of the Office of Mayor and Council) to provide assistance to the Council and transferring funds therefor. Resolution of the City Council of the City of Chula Vista amending the fiscal year 1991-92 budget to add 1.25 full time equivalent Council Assistant I, 11, or III positions in the (City Manager's Office) (or Departmpnt of the Offiee of MSyQr and_ CdQndl}- to provide assistance to the Council and transferring funds therefor. NOn:: This report men to an attached report from the City Attorney which was not finalized m lime to be included in the Council packet with this repon. The Attorney's report will be provided to Council separately. 1'bere is therefore a pclDI'bility there may be some inadven.ant inconsistencies between the two reportS. Staff will review both reporu and report any such problems to Council at the Tuesday meetina. Since the altematMs and rour fifths vote requirements are fairly complicated, staff will also prepare a chan ror Tuesday's meetin,summarizin, the alternatives and the vote requirements. ~ /3~J,-/ SUBMITJ'ED BY: / Deputy City Manager Thomson J I ,; City Manag~'?; (4/Sths Vote: Varies, as described in the text) \ PAGE 2, ITEM: { ~ MEETING DATE: 09/17/91 REVIEWED BY: REFERRAL NO. 2401 At the August 13, 1991 City Council Meeting, Council directed that staff bring back the issue of staff support for the Mayor and City Council. This report is meant to be a recap of two prior reports on this subject and to provide additional staffing and funding alternatives from which Council can detemline which option to implement. RECOMMENDATION: That Council accept the report and provide direction regarding the Council staffing alternatives. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND The issue of Council staffing has been considered by the Council three times this year. The first report, dated January 18, 1991, outlined four general options for staffing arid was discussed at Council's January 24 goal-setting meeting. The second report, dated April 2, 1991, further addressed the staffing option for which Council had expressed the most interest at its January 24, 1991 meeting and provided a more detailed discussion of several ancillary issues. At its April 2 meeting, the Council decided to defer consideration of that report until the Council's budget deliberations (as Supplemental Budget Report #21). On June 10, 1991 the Council voted to file the report. The above reports are attached. On August 13, 1991 Council referred the issue back to staff to review additional alternatives and funding sources, which are addressed in this report. The January 18, 1991 "City Council Staffing" report outlined four general options for staffing. Those options were: 1. Maintain status quo (1 Senior Management Assistant, 2 Clerical positions) ! 2. Provide additional support from other existing Management Assistant positions (3 in Administration, 2 in Public Works, 1 each in Police and Parks and Recreation) 3. Add 1 full-time professional staff position to help support the Mayor and Council 4. Add 2 full time equivalent CFTE) positions to provide a half time person to support each of the Councilmembers with the existing Senior Management ,..- ~ ./)-I!? '. PAGE 3, ITEM: ) l/ MEETING DATE:09Ji7J91 Assistant position providing support to the Mayor and helping coordinate the activities of the four half-time positions. The April 2, 1991 "Report on Potential Approaches to Council Staffing" further addressed option #4 from the above report that Council had expressed the most interest in at its January 24, 1991 meeting. The remainder of the April 2, 1991 report specifically focused on: - Employee status and method of selection - Ongoing cost and how to pay for Council Staffing - Physical location and initial facilities - Role and coordination issues At its August 13, 1991 meeting, Council directed staff to prepare a report that would provide for additional Council staff assistance with no net cost to the General Fund. Specifically, the Council was interested in reviewing an alternative that would provide for one additional full-time equivalent position that would allow each of the four Councilmembers to have 8-10 hours per week of part-time staff assistance, with the existing full-time professional position restructured to provide assistance to the Mayor rather than to the entire City Council. The Council also directed staff to further review viable methods that such additional Council assistance could be provided with no net cost to the General Fund. DISCUSSION Since there are several alternatives regarding the full-time professional poslDon (currently being filled by Shauna Stokes on a temporary basis) as well as for the part- time assistants, each will be discussed separately below. In all of the alternatives, it is assumed that the existing two clerical positions -- the Secretary to the Mayor and City Council (currently filled by Patty Wesp) and the Administrative Office Assistant III (currently filled by Diana Vargas) -- would continue to provide clerical support to the Mayor and the entire City Council. The alternatives discussed below in Section 1 regarding the full-time professional position are: 1.A. Classified Senior Management Assistant Position 1.B. Unclassified Assistant to the Mayor (or Assistant to the Mayor and City Council) position ~ /:J-/t PAGE 4, ITEM: ~ MEETING DATE: 09/17/91 1.C. Contract position The alternatives discussed below in Section 2 regarding the part-time Council Assistant positions to support the four Councilmembers are: X X 2.A. No Part-Time Council Assistants 2.B. Four Quarter-Time Council Assistants 2.C. Five Quarter-Time Council Assistants An underlying issue regarding all of these alternatives is whether the appointing authority for such positions should be the City Manager, the Mayor, or the entire City Council. As mentioned in the April 2, 1991 report on Council staffing, there is some ambiguity in the City Charter regarding this issue. After further reviewing the issue, however, the City Attorney's Office has concluded in the attached memo that the City Council can appoint Council staff (in addition to the City Manager, City Attorney, City Clerk, and Secretary to the Mayor and City Council) if they first make the Office of Mayor and City Council a department. Such Council staff would be prohibited from performing, individually or on behalf of a Council member, any "administrative functions" and from interfering with the City Manager in his performance of "administrative functions." They would be appointed and terminated by a three fifths vote of the Council and would be supervised by the Mayor. Ordinance l.B.-2.B.-2.C. would establish a Department of the Office of Mayor and City Council (three fifths vote required) and is necessary to implement Alternatives 1.B., 2.B., or 2.C. as Council appointments. The Ordinance includes an option to make it an urgency ordinance (four fifths vote required). As indicated in the April 2 report, the City Manager could instead be designated the appointing authority for these alternatives, and would certainly continue to seek the input of the City Council in making appointments to positions such as these and in evaluating their performance. The resolutions necessary to implement Alternatives 1.B., 2.B., and 2.C. have each therefore been prepared with an option to have the positions budgeted in the City Manager's Office and appointed by the City Manager, in addition to the Council appointment option described above. 1. ALTERNAllVES REGARDING FUU.-TIME PROFESSIONAL POsmON There are three basic ways the existing full-time professional position assigned to support the Mayor and City Council could be structured. In each of the three alternatives the position could be assigned to assist the Mayor and City Council or just the Mayor, depending on how any additional part-time positions are structured (this latter issue is addressed in Section 2 below). ~ 13-/7 I C}/ / / (;H~ , J \ / PAGE S, ITEM: ) <+ MEETING DATE: .09/17/91 /~ Shauna Stokes, who has been temporarily assigned to this position for the last three months, has prepared a memo that is attached that describes her experience and obseJVations regarding the position and its duties. Although her memo suggests the possibility of downgrading the Senior Management Assistant position to Administrative Analyst I or II and adding some additional part-time clerical staff, this alternative is not being formally proposed for Council consideration but rather is provided as background information. Since some members of the Council have expressed an interest in having more direct assistance with research and the development of policy proposals, downgrading of the position is not recommended. The three basic alternative ways the existing full-time professional position could be structured are as follows: 1.A. nAccified Senior Management Assistant Position Since FY 1987-88 there has been a Senior Management Assistant position budgeted in the City Manager's Office that has been assigned to provide assistance to the Mayor and City Council. This position is hired and supervised by the City Manager's Office with input from the Council. The position is physically located in the Office of Mayor and City Council and provides direct assistance to the Mayor and Councilmembers, as well as helping oversee the management of the office. The Senior Management Assistant classification is in the Middle Management group and is a classified, civil service position. Its current salary range is $39,206-47,665 plus benefits for a total annual cost of $50,667-60,330. This alternative is thus the status quo alternative, although it should be noted that the person currently filling this position is doing so on a temporary basis and that assignment is scheduled to end soon. If Council selects this alternative, the City Manager will therefore appoint someone from the current Senior Management Assistant list to this position as soon as possible, with input from the City Council on the appoinnnent. Since this is a currently budgeted position, no further Council action is required to implement this alternative. As indicated above, this position could provide assistance to the Mayor and City Council or just to the Mayor, depending on how any additional part-time positions are structured. The advantages of this alternative include: (1) it avoids the "multiple boss" problem of having the position report to all five members of the City Council; (2) it helps insure proper communication and coordination with the City Manager's Office and City deparnnents and is the most consistent ~ J3-1Y' PAGE 6, ITEM: 1'1 MEETING DATE:. 09/17/91 with the Council-Manager form of government; and (3) it keeps the position within a standard City classification series and thus makes it part of a career ladder and available for job rotation. The disadvantages of this alternative include: (1) the Mayor and City Council may not receive the same level of assistance from this type of position as from a position directly hired and supervised by them; and (2) there would be less flexibility in hiring and firing a classified, civil service employee reporting to the City Manager than under the following alternatives. 1.8. UnrlA~ed Assistant to the Mayor Position The second alternative regarding the full-time professional position would be to eliminate the Senior Management Assistant position currently budgeted in the City Manager's Office to provide assistance to the Mayor and City Council and replace it with a new unclassified position budgeted in the Office of Mayor and City Council. The new position might. be titled "Assistant to the Mayor" or "Assistant to the Mayor and City Council", depending on how any additional part-time positions are structured. The position could use the office currently assigned to the Senior Management Assistant and oversee the management of the office. Regardless of whether this position is structured to provide assistance to the entire City Council or just the Mayor, the City Attorney's Office has concluded that the position would need to be supervised by the Mayor and appointed (or terminated) by a three fifths vote of the Council. In order for the position to be appointed by the City Council, the City Attorney's Office has concluded that the position needs to be a part of the Office of the Mayor and City Council, including being budgeted therein. As discussed previously, this alternative would also require that the Council establish the Department of the Office of Mayor and City Council by approving Ordinance 1.8.-2.8.-2.C. (three fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote required) if it determines facts exist that justify the urgency creation of the department. The Council would need to create the position as unclassified in an ordinance approved by a four fifths vote and find that it is a management level position. Staff would suggest that such a position be included in the Mid-Management group. at a salary range equivalent to that of the Senior Management Assistant classification. ~ J:J;- /; PAGE 7, ITEM: 1'1 MEETING DATE: 09/17/91 Since the person currently filling the Senior Management Assistant position is doing so on a temporary basis and there are current vacaricies in other positions to which both that person and the previous incumbent can be transferred, this alternative could be implemented after the completion of whatever recruitment and selection process the Council deems appropriate. Should Council decide on this alternative, Resolution 1.B. would amend the FY 1991.92 budget to eliminate the Senior Management Assistant position in the City Manager's Office and establish the position of Assistant to the Mayor in the Office of Mayor and City Council, and transfer the necessary funds (approximately $47,700 for the remainder of this fiscal year) in employee services accounts from the City Manager's Office to the Office of Mayor and City Council. Resolution 1.B. also adds this position to the Middle Management group and establishes its salary range at the same level as that of Senior Management Assistant. (This resolution requires a four fifths vote.) Ordinance 1.B. creates this position as an unclassified management level position (four fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote also required) if the Council detennines facts exist that justify urgency creation of the position. Depending on Council's detennination regarding additional part-time positions, Resolution LB. and Ordinance 1.B. could be changed to retitle the position as Assistant to the Mayor and City Council instead of Assistant to the Mayor. If the Council decides to implement this alternative and approves both Resolution 1.B. and Ordinance 1.B., the Council could conduct whatever recruitment and selection process it deems appropriate and proceed to appoint the Assistant. If the Council approves Resolution 1.B. but does not approve Ordinance 1.B., the Assistant position would be placed in the classified service and the recruitment and selection process would need to be conducted in accordance with standard civil service rules. In either case, the City Council would need to make. the appointment by a three fifths vote. The advantages of this alternative include: (1) it provides more direct control of the position by the Mayor and City Council; and (2) there would be more flexibility in hiring and firing an unclassified employee than a classified civil service employee. The disadvantages of this alternative include: (1) it creates a multiple boss situation with the position being supervised by the Mayor but hired ~ J.3~.2-0 PAGE 8, ITEM: 14 MEETING DATE: 09/17/91 and tired by all five members of the City Council; (2) it makes communication and coordination with the City Manager's Office and City departments less of a priority for the Assistant; and (3) it separates the Assistant from the professional management assistant classification series and thus provides no career ladder and inhibits job rotation opportunities. Resolution 1.B. also provides an option that would make the City Manager the appointing authority for the position. 't- l.e. Contract Position K The third alternative regarding the full-time professional position would be to eliminate the Senior Management Assistant position currently budgeted in the City Manager's Office to provide assistance to the Mayor and City Council and replace it with a contract position budgeted in the Office of Mayor and City Council. The contract position could provide assistance to the entire City Council or just to the Mayor, depending on how any additional part-time positions are structured. The position could use the office currently assigned to the Senior Management Assistant and the contractual responsibilities could be virtually the same as those in the previous two alternatives. The annual contract amount would probably be limited to a maximum of $60,330, the maximum salary and benefit cost of a Senior Management Assistant position. A contract position would not receive benefits such as PERS retirement or health insurance contributions. The consultant selection procedures provided in Section 2.56.230 of the Municipal Code specify the process that would need to be followed to select and award a contract to such an independent contractor, unless those procedures were waived. If such a contract were for the full-time or almost full-time services of an independent contractor, the procedures for contracts estimated to cost more than $25,000 would apply. These procedures include: the appointment of a three or five member Selection Committee by the City Manager (which could include members of the City Council), personal interviews by the Selection Committee of at least three potential contractors with a ranking of the interviewees sent to the responsible department head, the department head attempting to negotiate a contract with the highest ranked interviewee, and award of the contract by a three fifths vote of the City Council. Such a contract would also be terminated by a three fifths vote of the Council. Should Council decide on this alternative, Resolution l.e. would amend the FY 1991-92 budget to eliminate the Senior Management Assistant ~ /3'~1 PAGE 9, ITEM: J 4 MEETING DATE: 09/17/91 position and transfer the necessary funds (maximum of approximately $47,700 for the remainder of the fiscal year) from employee services accounts in the City Managers Office to professional services accounts within the Office of Mayor and City Council budget. This resolution requires a four fifths vote. The advantages and disadvantages of this alternative are essentially the same as for Alternative 1.B. (Unclassified Assistant to the Mayor Position) except that it has an additional disadvantage. In the attached memo, the City Attorney's Office advises against the use of a contract position to provide these types of services, rather than using an employee in either the Classified or Unclassified City Service. The primary concerns expressed in that memo regarding the use of a contract position include: (1) whether the type of services provided by the contract position and the nature of the position's work environment would qualify it for "independent contractor" status, and (2) the potential liability exposure the City might incur by using a contract position in this situation. While these concerns may not preclude the contract position alternative, staff would recommend against this alternative based on the advice of the City Attorney's office. . All three of the alternatives presented above regarding the full-time professional position could be funded by the amount already budgeted for the Senior Management Assistant position. 2. ALTERNATIVES REGARDING PART-TIME COUNCIL ASSISTANTS This section presents three alternatives regarding part-time Council Assistants: (2.A.) no part-time Council Assistants; (2.B.) four quarter-time Council Assistants; and (2.C) five quarter-time Council Assistants. In all of these alternatives, it is assumed that the existing two clerical positions assigned to the Office of Mayor and City Council would continue to provide support to all five members of the Council. The role of the full-time professional position discussed above would vary in the three alternatives, as discussed below. As discussed previously, the resolutions for Alternatives 2.B. and 2.C. each provide an option regarding whether the positions are appointed by the Council or by the City Manager. 2.A. ~o Part-T'une Council Assistants In this alternative, the full-time professional position discussed in Section 1 would continue to provide assistance to all five members of the Council ~ IJ-;2;L PAGE 10, ITEM: I ~ MEETING DATE: 09/17/91 and no part-time Council Assistants would be added. This alternative is thus a status quo alternative and would not require any further Council action or special funding techniques. It would not, however, provide additional assistance to the Council. 2.8. Four Quarter-TlDle Council Assistants In this alternative one full-time equivalent position would be added to the Office of Mayor and City Council in the fonn of four quarter-time Council Assistant positions. Each of these positions would be available to provide assistance to one of the four, Councilmembers, and the full-time professional position would provide assistance to the Mayor. As discussed in the April 2, 1991 Council Agenda Statement, staff would suggest that such Council Assistant positions be unclassified part-time hourly employees. As long as they work fewer than 999 hours per fiscal year (about half time), employees in this status generally do not receive benefits (e.g. paid vacation, PERS retirement or health insurance) other than Medi-Care and Social Security or equivalent contributions. In order to provide flexibility to the four Councilmembers in terms of the level of support, education, and experience they expect of their Council Assistant, an annual cost range of about $5,000 to $9,000 per quarter-time Council Assistant would be suggested. This would be' equivalent to rates of about $10 to $18 per hour for 8 to 10 hours of work per week. This could be accomplished by establishing a new classification series of Council Assistant I, II, and III with hourly rates respectively at the low, medium, and high levels of the above range. Staff would suggest that these classifications be included in the Unrepresented group; as part-time hourly employees they would by definition be unclassified positions. In the attached memo, the City Attorney's Office has concluded that each of these Council Assistants would need to be appointed (and terminated) by a three fifths vote of the City Council and they would all be supervised by the Mayor. The maximum cost of this alternative would be about $36,000 per year for four quarter-time Council Assistant III positions. In this alternative staff would suggest that each of the four Councilmembers be entitled to have one Council Assistant, at whichever of the three levels is appropriate for the Councilmember's needs, who can work up to 500 hours per fiscal year. For reasons discussed in the April 2, 1991 Agenda Statement, staff would suggest that the Council limit the number of Council Assistants to one per Councilmember. If any of the four Councilmembers (current or ~ )7-;23 PAGE 11, ITEM: I~ MEETING DATE: 09/17/91 future) decided not to have a Council Assistant, the cost of Council Assistants would be reduced accordingly. This alternative reflects staff's understanding of the referral made at the August 13, 1991 Council meeting. Should Council decide on this alternative, Resolution 2.B. would amend the FY 1991-92 budget to establish 1 full-time equivalent Council Assistant III position in the Office of Mayor and City Council and authorize each of the four Councilmembers to have the assistance of one Council Assistant for up to 500 hours per fiscal year, with partial years prorated. Resolution 2.B. also establishes the classifications of Council Assistant I, II, ,and III as unclassified part- time hourly classifications in the Unrepresented group, with hourly rates ranging from $10 to $18, and specifies that Council Assistants would be appointed by a three fifths vote of the Council. The resolution also amends the FY 1991-92 budget to transfer the necessary funds (approximately $28,500 for the remainder of this fiscal year) in employee services accounts from the Management Services Department to the Office of Mayor and City Council: (This funding from Management Services is discussed further below.) Resolution 2.B. requires a four fifths vote. As discussed previously, this alternative would also require that the Council establish the Department of the Office of Mayor and City Council by approving Ordinance l.B.-2.B.-2.C. (three fifths vote required). That propos~d ordinance inCludes an option to make it an urgency ordinance (four fifths vote required) if the Council determines facts exist that justify the urgency creation of the department. 2.C. FIVE QUARTER-TIME COUNOL ASSISfANTS In this alternative 1.25 full time equivalent positions would be added to the Office of Mayor and City Council in the form of five quarter-time Council Assistant III positions. Each of these positions would be available to provide assistance to one of the five members of the City Council, including the Mayor. 11)e full-time professional position would provide assistance to all five members of the Council, oversee office operations, and perhaps help coordinate the activities of the five quarter-time Assistants. The Assistants would perform the functions of constituent relations, representing Councilmembers at community meetings, possibly assisting in the development of policy proposals, and other related duties. As in Alternative 2.B., these Council Assistants would need to be appointed by a three fifths vote of the Council and they would all be supervised by the Mayor. ~ I:J'~'I PAGE 12, ITEM: ~ MEETING DATE: 09/17/91 The maximum cost of this alternative would be about $45,000 per year. Should Council decide on this alternative, Resolution 2.C. would amend the FY 1991-92 budget to establish 1.25 full time Council Assistant III positions in the Office of Mayor and City Council and authorize each of the five members of the Council to have the assistance of one Council Assistant for up to 500 hours per fiscal year, with partial years prorated. Resolution 2.C. also establishes the classifications of Council Assistant I, II, III as unclassified part-time hourly classifications in the Unrepresented group, with hourly rates ranging from $10 to $18, and specifies that Council Assistants would be appointed by a three fifths vote of the City Council. The resolution also amends the FY 1991-92 budget to transfer the necessary funds (approximately $35,600 for the remainder of this fiscal year) in employee services accounts from the Management Services Department to the Office of Mayor and City Council. Resolution 2.C. requires a four fifths vote. As discussed previously, this alternative would also require that the Council establish the pepartment of the Mayor and City Council by approving Ordinance ~.B.~-,:'CJ (three fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote required) if it determines facts exist that justify the urgency creation of the department. )c POTENTIAL FUNDING SOURCE FOR COUNCIL ASSISfANTS Alternative 2.A. above does not require any additional funding, but Alternative 2.B. requires up to $36,000 for a full year ($28,500 for the remainder of this fiscal year) and Alternative 2.C. requires up to $45,000 for a full year ($35,600 for the remainder of this fiscal year). In a separate report on the Council's September 17 agenda regarding the City's budget, staff is proposing to consolidate two positions in the Management Services Department into one position as an economy measure. The existing Deputy City Manager/Director of Management Services position and the currently vacant Information Systems Manager position are proposed to be consolidated into a new position of Director of Management and Information Services. The current Deputy City Manager/Director of Management Services would then fill the currently vacant Deputy City Manager position in the City Manager's Office. This proposal will eliminate one position in Management Services and reduce the salary level of the other. This proposal will save approximately $94,000 per year ($74,000 for the remainder of this fiscal year), and this reduction could be used to fund either Alternative 2.B. or 2.C. ~ JJ~~3 PAGE 13, ITEM: ~ MEETING DATE: 09/17/91 OnIER ISSUES The April 4, 1991 Agenda Statement addressed the issue of physical location and facilities for Council Assistants as well as several role and coordination issues. That repon suggested that no funds be allocated for furniture for pan-time Council Assistants since it was assumed that they would use the current desks and furniture of the Counci1members they assist. That repon further suggested that the Council establish a Council subcommittee to work out in more detail with the City Manager the "role and coordination" issues described in that repon. Depending on which alternatives presented in this repon are selected by the Council, it may still be helpful to establish such a Council subcommittee to prepare a proposed Council policy regarding roles and coordination for consideration by the entire Council. As discussed in the April 4 repon, it should be noted that Council assistants would essentially be subject to the same prohibitions that already apply to Councilmembers themselves. These prohibitions include panicipating or assisting in any improper political activities as set forth in Section 707 of the Chaner or interfering with the City Manager or Department Heads in their performance of duties (Section 305 of the Chaner). FISCAL IMPACf: As presented, alternatives 1.A., I.B., 1.C., and 2.A. would have no fiscal impact on the City budget. Alternative 2.B. would cost up to $36,000 for a full year ($28,500 for the remainder of this fiscal year) and Alternative 2.C. would cost up to $45,000 for a full year ($35,600 for the remainder of this fiscal year). Proposed reductions in the Management Services Department could be used to offset those costs so there would be no net cost to the General Fund. A:CCASST7.DOC ~ J.Jr,2? Alternate ,lB-2B-2C Ordinance ORDINANCE NO. ,2J{? , 0 AN ORDINANCE OF THE CITY OF CHULA VISTA CREATING THE DEPARTMENT OF THE OFFICE OF MAYOR AND CITY COUNCIL [AND DECLARING THE URGENCY THEREOF] WHEREAS, the Council desires to exercise its power under Charter Section 501 to create a department for itself so that it can be the appointing authority of personnel to be appointed to positions established in that new department to provide services to the individual Councilmembers and the Mayor: and WHEREAS, Charter Section 501 authorizes the Council to establish the number and compensation of all posi tions in all departments in the budget. NOW, THEREFORE, the Ci ty Counci 1 of the ci ty of Chula Vista does ordain as follows: SECTION I: A new Chapter 2.03 is hereby added to the Chula Vista Municipal Code to read as follows: DEPARTMENT OF THE OFFICE OF MAYOR AND CITY COUNCIL. CHAPTER 2.03 Sec. 2.03~010 Established-Purpose. .p -; ( ti' I" ~- .J ,- There is hereby established, pursuant to Charter Section 501, the Department of the Office of Mayor and City Council, which shall have the responsibility for the provision of clerical, research, analytical, reporting and communications assistance to the Mayor and members '7 of Ci ty Counci I, act ing as individual Counci lmember s ' .- representatives or acting on their behalf by extension. Sec. 2.03.020 Director-Duties and Responsibilities. shall Council A. \~ IJ~.2.7 I / 'I " ! n" r; "f~,'1 00 '" [SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.] [SECTION IIA: Urgency Ordinance. This ordinance is necessary to. be adopted as an emergency measure for preserving the public peace, health, safety and general welfare. The facts constituting the necessity for such urgency are as follows: Services are currently being provided to the Mayor and City Council through a classified Senior Management Assistant posi tion, which services will be no longer available to Council as of wednesday, _September 18, 199! and it is extremely important that such services continue to be provided to the Mayor and City Council by the new staff created by other actions of the Ci ty Council concurrent with the adoption of this ordinance so that the services continue to be available without interruption.] Presented by Approved as to form by tJv~ ~ ' Bruce M. Boogaar Jim Thomson, Deputy City Manager 9286a l'-\-lk> -2- J:J-,2Y fvl t, _/ 1- ij # ./ ", d AlternatelB Resolution RESOLUTION NO. 1& 31/8",1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET AND RESOLUTION 15824 TO ELIMINATE ONE SENIOR MANAGEMENT ASSISTANT POSITION AND ADD ONE ASSISTANT TO THE MAYOR POSITION IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF THE OFFICE OF MAYOR AND COUNCIL] AND ESTABLISHING ITS SALARY AND FRINGE BENEFITS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to establish a position which will provide clerical, research, analytical, reporting and communications services to the Mayor, acting as his representative or on his behalf by extension: and WHEREAS, by ordinance, the City Counci 1 has made the necessary finding that such a position meets the requirement of Charter Sections 500(a) and 701(a)(2), (7) and (8), that the duties of the position constitute a new management level position and have created the position by ordinance by a four-fifths vote: and WHEREAS, it is necessary to establish the salary and fringe benefits appropriate for such position. [NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby amend the Fiscal Year 1991-92 budget to add one fu 11- time equ i valent pos i t ion of Ass i stan t to the Mayor and delete one full-time equivalent position of Senior Management Assistant, both in the City Manager's office.] [NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby amend the Fiscal Year 1991-92 budget to add one full-time equi valent posi tion of Assistant to the Mayor in the new Department of the Office of Mayor and Council and delete one full-time equivalent position of Senior Management Assistant~ eet~ in the City Manager's office.] ~ BE IT FURTHER RESOLVED that the salary range for said position be $39,206 to $47,665, in five steps. BE IT FURTHER RESOLVED that Attachment 2 to Resolution No. 15824, being the Executive and Middle Management Fringe Benefit Schedule as amended to date, is further amended by adding the position of Assistant to the Mayor to the Middle Management Group in Section II.A. Presented by Approved as to form by ~J;'~~ Jim Thomson, Deputy City Manager 9280a ~j /5-:2; Alternate lB Ordinance ORDINANCE NO. .2 L/ ') 'I '" AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH THE POSITION OF ASSISTANT TO THE MAYOR IN THE UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA WHEREAS, Charter Sections 500(a) and 701(a)(8) authorize the City Council to create new Management level positions in the Unclassified Service by an ordinance adopted by a four-fifths vote: and WHEREAS, it is desirable to create a new Middle Management position of Assistant to the Mayor. NOW, THEREFORE, the City Council of the City of Chu1a Vista does ordain as follows: SECTION I: The City Council of the City of Chu1a Vista hereby finds that the duties of the position are those typically found in a management-level posi tion at the Middle Management level. SECTION II: Section 2.05.010 of the Chu1a Vista Municipal Code is hereby amended to read: Sec. 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically de1inea.ted in Section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, assistant to the city manager, , ass i stant to the mayor, depu ty ci ty c1er k, assistant fire chief, assistant director of planning, assistant director of finance, assistant director of personnel, city engineer, director of management services, redevelopment coordinator, housing coordinator, transi t coordinator, assistant director of community development, deputy director of public works/city engineer, public information coordinator, traffic engineer, deputy director of public works/operations, budget manager, revenue manager, assistant director of management services, and assistant library director. SECTION III: This ordinance shall take effect and be in force on the thirtieth day from and after its adoption. /--- "" " presented by Approved as to form by \ ~ (I:!f( I J,- I 0 I) i7n' U Jim Thomson, Deputy City Manager 9281a ~~ Bruce M. Boogaar , \~ J;S~ J 0 ( Icf- 12 I,r,~k) ".,.".._N".______~.'_.._.........".._._.~."'._" .- Al terna te lC Resolution RESOLUTION NO. 11130/8' B RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ELIMINATE A SENIOR MANAGEMENT ASSISTANT POSITION IN THE CITY MANAGER'S OFFICE AND TRANSFERRING $47,700 FROM THE CITY MANAGER'S OFFICE EMPLOYEE SERVICES ACCOUNT TO THE PROFESSIONAL SERVICES ACCOUNT IN THE OFFICE OF THE MAYOR AND COUNCIL The City Council of Lhe City of Chula vista does hereby resolve as follows: WHEREAS, the Mayor through City Manager wi th the services of position currently it is d~sirable to have services provided to an agreement executed and administered by the an independent contractor instead of through the classified Senior Management Assistant providing those services; and WHEREAS, $47,700 from the services account Manager's office. it is necessary to amend the budget to transfer employee services account to the professional in order to fund such a con~ract in the Ci ty NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby. amend the Fiscal Year 1991-92 budget to delete a position in the City Manager's office of Senior Management Assistant. BE IT FURTHER RESOLVED that $47,700 transferred from the employee services account' in Manager's office to the professional services account budget for the Office of Mayor and Council for the funding a contract with an independent contractor services to the Mayor. is hereby the City within the purpose of to provide Presented by Approved as to form by Jim Thomson, Deputy City Manager ~...l. J Bruce M. Boogaar , It Attorney 9282a ~ /:J~;JI IY- J hr.,r Alternate 2B Resolution RESOLUTION NO. J/'3'1K'C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ADD ONE FULL TIME EQUIVALENT COUNCIL ASSISTANT I, II OR III POSITION IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF THE OFFICE OF MAYOR AND COUNCIL] TO PROVIDE ASSISTANCE TO THE COUNCIL AND TRANSFERRING FUND THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to have four one-quarter time part-time positions in the Unclassified Service to provide services to the four Councilmembers of a clerical) research, ~ analytical) reporting and communications nature acting as representati ve of indi vidual Councilmembers or acting on their behalf in extension; and WHEREAS, it is necessary to amend the Fiscal Year 1991-92 Fiscal Year Budget to provide for the existence of said positions and transfer the funds needed for their salaries. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add one full-time equivalent position of Council Assistant I, II, or III consisting of four one-quarter part-time unclassified positions in the [City Manager's office] [or Department of the Office of Mayor and Council] to provide services to the four Councilmembers. BE IT FURTHER RESOLVED that the Director of Personnel is directed to prepare job specifications for Council Assistant I, II, and III to differentiate and justify salary rates of Council Assistant I to III from $10 to $18 per hour in five-step increments for each class; and that such positions may not serve more than 500 hours per fiscal year (with partial years prorated); and that each Councilperson (other than the Mayor) is only authorized one such position. [BE IT FURTHER RESOLVED that the 1991-92 budget is amended by transferring $28,500 from the Management Services Department to the City Manager's office (Employee Services Account) in order to prOVide the salaries for said positions.] [BE IT FURTHER RESOLVED that the 1991-92 budget is amended by transferring $28,500 from Employee Services Account in the Management Services Department to the Employee Services Account in the new Department of the Office of Manager and Council to provide the salaries for said positions.] Presented by Approved as to form by Jim Thomson, Deputy City Manager 9283a Lok Bruce \ u ~ ) J / .J ~ _ 'C ';" I if') ~-- (' I t.;. t,!~~, / Alternate 2C Resolution RESOLUTION NO. I&-:J iff'!) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ADD 1.25 FULL TIME EQUIVALENT COUNCIL ASSISTANT I, II OR III POSITIONS IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF- """"THE OFFIC& OF K.~.YeR ANt> COUNCIL] TO PROVIDE ASSISTANCE TO THE COUNCIL AND TRANSFERRING FUND THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to have five one-quarter time part-time positions in the Unclassified Services to provide services to the Mayor and the four Councilmembers of a clerical, research, analytical, reporting and communications nature acting as representative of individual Councilmembers or acting on their behalf in extension; and WHEREAS, it is necessary to amend the Fiscal Year 1991-92 Fiscal Year Budget to provide for the existence of said positions and transfer the funds needed for their salaries. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add 1.25 full-time equivalent positions of Council Assistant I, I I or I I I cons ist i ng of five one-q.u.ar ter par t-t ime unclassified positions in the [City Manager's office] [or the ~e~ -Depa~~~t of the Offic9 of Mayor a~g Ca~Rsilrl to provide services to the Mayor and the four Councilmembers. BE IT FURTHER RESOLVED that the Director of Personnel is directed to prepare job specifications for Council Assistant I, II, and III to differentiate and justify salary rates of Council Assistant I to III from $10 to $18 per hour in five-step increments for each class; and that such positions may not serve more than 2-90' hours per fiscal year (with partial years prorated); and that each Councilperson and the Mayor is only authorized one such position. [BE IT FURTHER RESOLVED that the 1991-92 budget for the is amended by transfer ring $35,600 from.._~_h.~_qna..g..ement Services Department to the City Manager's office (Employee Services Account) in order to provide the salaries for said positions.] SOLVED that the 1991-92 budget is ,600 from Employee Services Account in Department to the Employee Services rtment of the Office of Manager and sal ies for said positions.] I Presented by Approved as to form by Jim Thomson, Deputy City Manager 9285a orney September 12, 1991 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager,- l FROM: Shauna Stokes, Principal Management Assistant 111 SUBJECT: Staffing for City Council In order to evaluate the City Council's request for additional Council staffing, it is necessary to review the existing duties of the existing staff and potential future duties of existing or new staff. Existina Budaeted Staff Senior Management Assistant Secretary to the Mayor and Council Administrative Office Assistant III Existina Duties of Staff 1. Opening, sorting and distributing of incoming mail, and sending out outgo i ng ma i 1. 2. Greeting and screening of visitors. 3. Photocopying of documents. 4. Answering of telephone, taking messages and directing calls to appropriate parties. 5. Typing of correspondence, proclamations .and certificates. 6. Mailing of invitations for special meetings and events and legislative- correspondence. 7. Preparation of weekly invitation lists for the Mayor and Council, and handling of the RSVP's. 8. Organization and maintenance of the Council files. 9. Setting up and coordination of special meetings/events. 10. Handling of appointments for the Mayor and Council. 11. Maintenance of the Boards and Commissions application/appointment information. 12. Development and maintenance of Council Library. 13. Gathering of materials and backgroun~ information for Council in making presentations. 14. Overseeing of the use of computer equipment and other office systems. 15. Preparation of Council budget and monitoring of expenditures. 16. Preparation of correspondence for Council. 17. Supervision of secretarial staff and overseeing of office organization and procedures. ~ JJ-J{ (1'-1-2& vi,J) SUPPLEMENTAL BUDGET MEMO #elL COUNOL REFERRAL # 2305 May 13, 1991 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Managerf-. V' rr;- Jim Thomson, Deputy City Manager d I Potential Approaches to Council Staffing VIA: SUBJECf: At its April 2, 1991 meeting, the City Council considered the attached report on Potential Approaches to Council Staffing. At that meeting, the Council decided to defer consideration of the report until the Council's budget deliberations. This supplemental budget report therefore transmits the April 2 agenda statement for further Council consideration either during the regular budget deliberations or after the implications of the State's budget reductions on the City's budget are better known. Attachment IT /kt C:SBM ~ IJ- 35 COUNCIL AGENDA Sl'ATEMENT 1T11..E: rrnM: S.3 MEETING DATE: 4/02/91 Report on Potential Approaches to Council Staffing SUBt.ullhlJ BY: City Managerff (4/5ths Vote: Yes_No.xJ At the January 24, 1991 Council Goal-Setting meeting, the Council discussed the attached report dated January 18, 1991 regarding City Council staffing. Pages 3-5 of the report highlighted four general options regarding Council staffing. At the meeting, some Council interest was expressed in both options 2 Be 4, with the most interest in option #4 (which is described further below). There was a desire for staff to return with a more in depth report which this A-113 is designed to accomplish. Several Counci1members requested that the City Manager review the City budget to identify potential methods for funding Council staffing without any increase in the net City budget. There was also Council interest expressed in fonning a Council Subcommittee to further review and refine the Council staffing issue, but the Council decided not to fonn a Council Subcommittee on this subject, at least not until after the Council had considered a staff report further describing methods of implementing Council staffing and providing funding therefore. This report is intended to provide the follow-up infonnation requested at the January 24 Council meeting and to provide a structure for further Council discussion and policy direction regarding Council staffing. RECOMMENDATIOt'l: That Council: 1. Discuss the alternative methods described in this report for implementing Council staffing and provide funher policy direction to staff (a general guide on how to implement this is contained in the Summary section of this report). 2. Detennine whether the Council wishes to fonn a Council Subcommittee to further review issues related to Council staffing. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: As indicated above, at the January 24 meeting the Council expressed the most interest in option #4 on page 5 of the attached report. This option would add the equivalent of two full-time assistants to support the Council work effort. This would probably be in the fonn of providing the equivalent of a half-time person to support each of the four Counci1members, with the existing Senior Management Assistant position providing support to the Mayor and helping coordinate the activities of the four part-time assistants to try to avoid duplication of effort. Alternatively, there could be two full-time positions that would ~~ /:J-3'~ PAGE 3, ITEM: 33 MEETING DATE: 4/02/91 If the City Attorney's Office determines that the City Chaner does not require that the City Manager appoint the Council assistants, the City Manager's staff could assist in recruiting and/or screening candidates if the Council so desires. The positions could be advertised and the applications screened, with the better qualified candidates inteIViewed by the City Manager's staff and the resulting top three to five candidates provided to the Coundlmembers for final evaluation. To make this approach workable, however, the individual Coundlmembers would need to infonn the City Manager's office of their needs in terms of scheduling the assistant's hours of work (such as evenings or weekends) and in terms of skills that are particularly important to meet an individual Councilmember's support needs. This type of. assistance in the selection process is entirely optional, however, for unclassified part-time hourly employees, and it might be more efficient for the Councilmembers to conduct their own selection process. It should be noted, however, that the City Attorney's Office advises that the entire City Council would need to appoint the assistants, not individual Councilmembers. 2. ONGOING COST AND HOW TO PAY FOR ASSISTANTS The cost of the Council assistants could vary, depending upon the level of support, education, and experience expected of them. For purposes of discussion, however, it is assumed that the cost of each-part-time assistant would be in the range of $10,000 - $18,000 (including Medi-Care and Social Security contributions equal to 7.650/0 of salary) per year for up to 999 hours of work1 For four assistants, the total cost is thus estimated to be between $40,000 and $72,000 per year. If a current or future Councilmember decides not to have a Council assistant, this would reduce the cost of Council staffing accordingly. As Council requested, staff has prepared a list of several alternatives to cover all or part of the cost of Council assistants so that these positions would not have an adverse impact on the General Fund. Those alternatives are described below. The first two alternatives involve cost reductions that are either already in progress or are already planned: A. The phase out of the payments to the Bonita/Sunnyside Fire Protection District for automatic aid. 1The City of Irvine, for example, allocates $18,000 per Councilmember for staff assistance. ~/J-:]7 PAGE 5, ITEM: ~ MEETING DATE: 4/02/91 Reducing the General Fund part of the Council Contingency Fund from $30,000 to $15,000, in conjunction with the savings and reimbUrsements described above in A, B~ and C, more than covers the estimated cost of the Council assistants. Obviously, retaining the Contingency Fund at its current level, there still would be adequate savings/revenues to cover this staffing cost. In addition to the above items, staff has identified the following two items that are not recommended at this point but that are potential alternatives Council might want .to consider: E. Elimination of part or all of one full-time equivalent Clerical Aide in the Library Circulation staff. With the implementation of the new automated circulation system later in April and the merger of the formerly separate audio-visual circulation staff with the main circulation staff, staff expects there to be some efficiencies that might allow the reduction of one full-time equivalent position. On the other hand, Library staff predict that certain features of the new automated system may result in higher volumes of circulation and thus increased circulation workload. While Library staff would prefer to have an opportunity to evaluate both the potential efficiencies and the potential circulation increase resulting from these changes before determining whether a position could be eliminated, this is nonetheless a possible area of reduction. The elimination of one full-time equivalent Clerical Aide would save about $14,800 per year. F. Elimination of a Gardener I position in Parks & Recreation Department. Depending on the water conservation efforts that are implemented, there may be less need for park maintenance staff. The elimination of a Gardener I position would save approximately $32,500 per year. 3. PHYSICAL LOCATION AND INITIAL FACILmES There are three general approaches staff has identified for the physical location of the Council assistants. The first approach would simply be to have the Council assistants share the existing desk of the Councilmember the assistant would be supporting. The second alternative would be to create a separate work area for the assistants in the back of the Council Conference Room. This could be in the form of four separate work areas or a common work area shared by the assistants. This alternative would require additional furniture but would avoid what may be the congestion of having the Council assistants share the Counci1member's desks. Using the area at the back of the Council Conference Room for work areas for Council assistants would, however, interfere with the seating area when the City Council, Redevelopment Agency or Board/Commission meetings are held in ~/J-j'g/ PAGE 7, ITEM: !>! MEETING DATE: 4/02/91 B. Another issue involves the number of Council assistants. A Councilmember could conceivably want to hire several assistants like graduate students for a few hours each week within the amount of money allocated. The more people involved, however, the greater the likelihood of confusion, miscommunication, and duplication of effort. In one City, for example, each Councilmember had $18,000 per member for pan-time staff. At one time they collectively had 17 pan-time assistants involved. It reached the point where even each Councilmember could not keep up with who was working for whom (they called them "Gremlins") and they initiated a policy of only one pan-time assistant per Councilmember. Staff would also suggest that the Council limit the number of Council assistants to one per Councilmember. C. The Council assistants would be prohibited from participating or assisting in any improper political activities as set forth in Section 707 of the City Chaner. Similarly, the Council assistants would be subject to the prohibited acts listed in Section 305 of the City Chaner relating to interference with the City Manager or Department Heads in their perl'ormance of duties. The Council assistants would essentially be subject to the same prohibitions as already apply to Councilmembers themselves. These Charter prohibitions include: (1) not using official influence to aid any partisan political activity or solicit political contributions; (2) not using any office or position with the City in support or opposition to candidates for Mayor or City Council; (3) not anempting to unduly influence the City Manager or department heads in the perfonnance of their duties; and (4) not perfonning any administrative or executive functions except those authorized by the Chaner or by ordinance; and (5) except for purposes of inquiry, not dealing with that pan of the administrative service for which the City Manager is responsible except through the City Manager (or his designee). D. If a Councilmember does not use his/her assistant to the extent authorized, the Council may want to authorize the City Manager's office to assign projects to them on a time available basis, with the Councilmember's support always coming first. If such assignments were appropriate, the Senior Management Assistant could help coordinate them. In one City surveyed for example, this was found useful to achieve maximum productivity from all of the staff aides. 1~ ~ 13--y1 January 18, 1991 TO: The Honorable Mayor and City Council FROM: John D. 6oss, City Mana~' SUBJECT: City Council Staffing . At the City Council ~ting of Thursday, January 24, 1991, you.will be discussing goals and objectives for the City in the coming year in an effort to determine if there are any changes of priorities, projects to be added or . dropped, etc. It was also indicated that there was desire to discuss at this ~eting the needs of the City Council regarding staff support. By way of a separate memo, you will receive a list of current major projects for Council review, deliberation and feedback as to the relative importance and priority of these projects. The purpose of this memo is to discuss the support staffing needs of the City Council. The City Council authorized in 1986-87 a Senior Management Assistant position in the City Manager's Office to provide, in addition to clerical assistancel, full-time staff support for the Mayor and members of the City Council. The reason for this position was that the workload in the Mayor/Council Office had increased because of the establishment of a full-time Mayor's position in 1982, the increased size of the City as a result of the Montgomery annexation in late 1985, a number of pending complex development proposals, and more of an emphasis on intergovernmental relations on the part of Chula Vista. Since the creation of the Senior Management Assistant position, Chula Vista's population has increased from 123,667 to 134,000, and the level of activity of the City has increased with a number of new major projects being added to the old ones. It is difficult for staff to project what the support needs of the individual members of the City Councilor the City Council collectively might be without some input from the Council on these needs. The purpose of this report is to basically provide some staffing options that would be available to the City Council if there is a desire to increase the current staffing level. In determining what your support needs may be, it may hinge on how you might answer the following questions (and possibly some other questions as well.) IIn addition to the Mayor-Council secretary, a 1/2 position was added mid-year 1984-85, and that position was made full-time in 1989-90. ~/3'~'/t? -3- In terms of co.parable practice throughout the State, it is very clear that very large cities, such as San Diego, Los Angeles, San Francisco, San Jose, . and Long Beach, have 1 or ~re staff people to support each Councilmember. For ~dium size cities in Chula Vista's population range (75,000-150,000 population), of which there are approximately 50, ~st cities do not have individual.Council aides, although there are exceptions to this, including the cities of Berkeley, Santa Monica, Irvine, West Hollywood and Oceanside. Locally, in comparing the third and fourth largest cities in San Diego County, namely Oceanside and Escondido, one finds two different approaches toward providing staff assistance to Council. In Escondido, there was a proposal to add staff aides to support individual Councilmembers. But, apparently because of adverse public criticism, the City Council backed away from that position and receives support from staff in the City Manager's Office on projects in which the Council has interest, such as recycling and construction of an arts center. In Oceanside, on the other hand, approximately three years ago the City Council established a full-time aide for each member of the City Council. Their responsibilities included arranging for celebrations and special events, attending meetings for City Councilmembers, and generally handling constituent relations. These aides are supervised by the City Manager's Office. It is difficult to judge the level of activity of each City, or the effectiveness of the two City Councils, but both cities seem to be very active, there is a general perception, although maybe not an accurate one, that the Oceanside City Council is a little more politically' oriented than Escondido. PPTIONS In terms of options for the Council, there are probably an infinite number of combinations that would be possible depending on the Council's perceived need for additional support. It should be made clear that the City Manager and his staff stands ready to work with any configuration of support Council desires. It is clear in the Council-Manager form of government that the City Manager and his staff (and this also applies to the City Attorney and the City Clerk) are available to provide needed support to the Mayor and the City Councfl. . This is our job and our responsibility which we stand ready to perform. The question is what form that support is .going to take. There appear to be at least four options that could be suggested. These are as follows: 1. : Maintain the stltus quo, which is one Senior Management Assistant plus two . . clerical staff.2 The disadvantage to this option is that if your current needs for Council support are not being let, then you cannot adequately I fulfill your role as a Councilmember. lA refinement to this would be to better use the existjng resources of staff in Administration and other support services. Option'2 is one, but only one form that this could take. . ~ /;?~YI -5- 4. The next option would be to add the equivalent of two more full time staff to support the Council work effort. This could be in the form of a half-time person to support each member of the Council (the Senior Management Assistant would still support the Mayor), or there could be two .. full time positions that would support the remaining four members of the Council. The advantage to this option is that each Councilmember could have their own person to help support their work effort and to be able to individualize the response to constituent relations and policy development initiatives compared to the current level of support. The disadvantages are that this option would be more costly than the other options (at least Options 11 and 2) and, depending upon the level and number of staff and the overall guidelines provided such staff, there could be, as has been the experience of other cities, some coordination and communication issues that would need to be resolved. There are obviously other options such as some combination of the above options, using the equivalent resources of a Senior Management Assistant position for presumably five part-time contractual employees, providing a full-time staff person for each Councilmember or providing a part-time person to each Councilmember at their option. But regardless of the option selection, the City Manager stands ready to provide support for Council as needed, with the real issue being what form should the support take. JDG:mab goalset . , ~/J~t/..2- B-8 SAN DIEGO TRIBUNE @ _ Metro South news Friday, September 20, 1991 Chula Vista City Council scraps mayor's bid.for full-time aides ..t;a tile eoutY'1 IeCOCId-IarpIt By 1Jllian E. Heffernan' ~, it'l time that Cbula ViIta c0o- ne- SWf WrllB _ted recioaal 1110.. bead-on, For tbose watching a receDt de- ~ llid. ADd the best way to do bate by tile Chula Vista City Council! that is wi~ a larger, staff, be aid. I oa wbetiler to hire penoDlI staff' "SaD Diego coWICll members have members for COWlCil members, it eilht to 10 staff members," Nader w. bureaucracy at its worst. aa1d. '1t'l .uficult to compete with Tbere was political maDeuverlDg. IGQ)ebocly wbo bas 10 staff members TIlere was an bourlong debite. And at his ~ and call," there were two Jt.aff reports totaliDg Jut his fellow COWlCil members 'Ii Plies, were quick to point out that they AD OD tile matter of wbetiler the 1iPd the ,way ~litics are baDdled iD maJOr aDd coUDcll members abould QuIa V~ta. U council members have a full.time ltaff member wbo belan haVlDg persoDlI ltaffs, the IYI'" would deal with CODStituent con-' teal could be abused with the stau c:erus, researcb issues and provide: members becoming ''political toad. .....tever other assistance b..is or berl' lei," CoWIcl1man David Malcolm bells Deeded, 1IicI. CwTeDtly, two secretaries and a "'!\.is bas vut ramificatiODl," Mal. manaaement assistant answer tele- co1m llid. "ODct you live staffing to ptloDes, arrange appointments, open' CGaIICil members, you give in to polio maillJld provide direct assistance to tiel. What I don't want is lending my the mayor and four City Council' perIOn to meetings, groUDdbrealtings members, and baby kissings That staff memo Calling the system outmoded, bel winds up campaigning on my be- Mayor Tim Nader lobbied for a full. half," tilDe aide of his own with other as.' Councilman Jerry Rindone aid a IiltaDts to be hired to help his fellow majority of tile council lent a clear CGaIICiI members better communi. msage tilat tiley don't want full. cate with constituents, time ltaff members for fear of the "It is not tile fault of any of tile l}'ltem becoming bloated. people who hold the positions," -rbe mayor is tilere full time, all Nader told his colleagues Tuesday the time," Rindone aid. "All three Di&bt. "It is tile fault of a system that (ia the oUice) lerve the mayor. Coo. ls outmoded It worked for a city a verting one penon to be exclusively quarter of our size, but we have for the mayor wasn't the desire of I'Own aDd we have a full plate of . the council. In practicality (the three illues." CVTeIlt ltaffers) are there full time Wbat be got Tuesday Dieht wu I for the mayor. penon who will work 10 houn I "Be bas Iccess to them In day. I week for him, The four otiler council doa't think all four of tile council members bave tile lime opportunity members &D&ether take much of to bire a penon for 10 hours a week. Itheir time," EYen though conunents from most . Outsiders a1Io were quick to criti. c:oaacll members lipaled they were .. tile idea of penooaJ Itaff memo lIDCClIDfortable with IllriDc full.time ben. aides even before a vote wu taken. "Politics raises Its uclY bead," laid Nader cootinued b..is appeal. fwmer Kayor Frank Scott "Tbe In miDg personal staff members, "'y Iunctioa the mayor bu is ebair. tile council members, IDclu4iBg the .-n of meetings and be functions as mayor, could have reprellelltatives at tile penon wbo meets with other meet.inp tiley are unable to Ittend, IJ;._uwalta! aaencies All the other Nader aid. They could have the lis just baloney, This is just tile aides field constituent complaints 'caIl101e of tile camel." and provide summaries to tile COUD. rmer Mayor Greg Cox, who was cil members, thereby freeing the 1M city's tint full.time mayor, COlIJIcl) members to cleaI with more ..,.s that s&affinc could opeII the CClIIcerDS iD the ume amount of time. / J-13 · TIM NADER Cu klre part.timer ,doors ~ iDcreued politicking. "Tbis could be tile becinning of a mucb more political environment for ~ city of Chula Vim," CoI aid. AJ for looking to San Diego U a 1taDdard, I don't lee that u any creat ItaDdard to model youne1f after. .. 1Ddeed, tile eight COUDCil members iD San Diego each average eight staff members for a tota!lDDual budget of $303 million. The mayor bas Iccess to 111taff members It aD lDDual budg. ; , .~ ~" '~ ~ ~, ~" - et of'lJ million. Nader acreecl that San Diego COl cilltaffing II bloated, but aid Chl VlIta's l}'ltem is inadequate. A pl I0Il Working 10 bours a week for b is DOt eoough - and i! tha t me4 people call It poliucs, tilen 10 be Nader laid. "I'm talklng about a lense of beil I political fi(ure in governmen~ Nader laid. '-rhat's my job, That e talls making government work ft tile people, Five individual COIIDC members intending to move along process is difficult" Nader said the city manager for: of ,overnment, where constitueDl are referred to a city ltaff membe: is DOt tile way be wants to do bus ness, even tilough current aDd ~ council members find that l}'lter: most effective. "A staff member who is aCCOUD! able to an elected official is account able to tile people, rather than a cit' manager level of bureaucrac)',' Nader said, The council bas appropriate! $35,600 to hire up to five part.tim! staff members. The money will coml from a uvings incurred when tW( jobs were rolled into one during tilf budget process. And it won't be tile end of the staff. ing issue. Tbe council is due to re- view tile effectiveness of the experi. ment dW'ing DeIt year's budget p~ cess. ~- ':l << :. ( ~, ( ~ Council votes to share in paid staffers Staff ~ ~ ?/zz.-z;J/9/ Malcolm decries move as 'creeping bureaucracy' . CoDtiDUed from pale A.I I ill( fo.r ano.ther o.ffice," he nid. Nader denied that charge and IBid using the limited assistance fo.r campaign purposes Mwas no.t even a possibility. Electio.n acti- vity sho.uld be strictJy o.fT.limits ~ he said. ' He suggested that Malcolm -doe.n't feel the pinch" o.f keeping up o.n issues and communicatio.n with constituents because he has his o.wn s~fTin the private aector By Liz HarmaD llAII'Wrher CHULA VISTA - The City Council vo.ted 4-1 Tues- day night to live each member to ho.urs per week o.f ItafTtime to help seTVe constituents, in a mo.ve the dis. senting member called an example o.f Mcreeping bu- reaucracy.~ But Mayo.r Tim Nader argued such assistance is needed fo.r a city the size o.f Chula Vista with 140,000 residents. San Diego City Councilman Ron Ro.berts fo.r exam- ple, has between seven and 10 assistants, o.ne o.fwho.m wo.rks solely o.n the Twinports project, he said. Ho.wever, "I happen to think that (number) is blo.ated,~ he added. . Club named 'lead agency for rec center. A.3 .. StafTassistance, a mo.ve that the council had discus- sed previo.usly, will cost taxpayen $35,600 a year. The council also will continue to have the help o.f a senio.r management assistant who. wo.rks o.ut o.f the city manager's o.ffice. The council rejected a mo.tio.n by Nader that wo.uld have added two. full-time stafT memben, o.ne o.f who.m wo.uld have wo.rked exclusively fo.r the mayo.r. "This is o.nly a small step to allo.w access to consti- tuents," Co.uncilman Jerry Rindo.ne said o.f the ap. proved proposal. Councilman David Malcolm was the sole vo.te against the measure, altho.ugh both he and Council- man Leonard Moore said they wo.uld no.t take advan- tage o.fthe assistance. Malcolm said he was o.utraged that the issue was brought up despite a tight budget recently approved in lieu of the recessio.n. . "No.w we're bringing something up o.fT-budget with- o.ut (it) competing against police Dr fire (needs),~ he .aid. Malcolm said the ItafT memben wo.uld be "political toadies" whose real functio.n wo.uld be to provide pol. iticallupport fo.r councilmembers. Some Chula Vista citizens, who. watched the meet. ing o.n cable televisio.n had a similar reactio.n. Frank Scott, a fo.rmer mayor, argued that the coun. cil's role is legislative, no.t administrative. "It's not o.ne that solves problems by meeting with constituents: Scott said. He called the decisio.n "just o.ut and o.ut politics. They're starting to build a political machine and Cet- ting the taxpayen to pay fo.r it. ~ Specifically, Scott said Nader will use the assistance to prepare fo.r ano.ther electio.n campairn. "He's wo.rk- Pleue eee Staff: A.tO /]-1/1 . "that he is at liberty to use fo.r city business." Mike Green, a local attorney said he thinks the council aO'd mayo.r can use the help. "If used properly, 1 wo.uldn't Db. ject: he said. "I think it's o.bvio.us that the lJ18yo.r is very busy.~ Nader also nidthe amo.unt o.f ItafT uBi.tence will need to be expanded in the future. - Few cities the. size of Chuta Vista have I personal staff for council, Goss says ltaft'time a week at a yearly COlt of $35,600 to keep in touch with conatituentl and research city illues. Councilmemben already have the full-time as- ailtance of a .mor management auiltant and two clerical aidel. By Liz Barman ItAtfWrtwr CHULA VISTA - Giving councilmemben their own .taft' will make Chula Vilta the exception and . not the rule, according to City Manager John Goss. Very large cities, like Los Angeles and San Jose, bave one or more .taft' people for each c::ouncilmem- ber, Goss said in a report to c::ouncillast January. But most of the 50 "medium-size" California citiel in Chula Vista'. population range (75,000 to 150,000) do not have individual council aides, alth- ough Oceanside and Santa Monica are IOme nota- ble exceptions, he laid. Council decided last week however, to give the mayor and councilmemben 10 hours of individual Staff . Negotiations to begin on rec center. A.3. Supporten of the meuure lay the current .taff iln't large enough to keep up with the volume of calli, complaintl and letten from conltituenta. At Pleale Me Staff: A." Continued from pale A.I last week'. council meeting for example, a Rohr Induatrie. em- ployee worried about the firm'. future in Chula Vilta, told the council he'd written them a letter .everal weeks ago. P -rhiB gentleman wrote me a letter and I didn't even lee it," Mayor Tim Nader laid. .And they laY we don't need council staff." "It'. a busy office,. Shanna Stokes, senior management u- .iltant, laid. "We're alway. trying to keep up," .he laid, noting that u a new mayor, Nader illooking at a lot of issues and fonniDg ..veral task forces. Both Councilmen Leonard Moore and David Malcolm however, have laid they don't want personal aides. Councilwoman Shirley GruNr Horton voted for the proposal but laid .he wun't lure if'she needed the help. "I don't know that it'D help me that much," sbe laid. -rim needa the uaistance more than I do. He'. on overload richt DOW." According to the city'. charter, the city manacer will hire the aides, with the input of council- memben, Deputy City Manacer Jim Thomaon said. Final detaila stin must be worked out, lNt be said that councilmemben 1ril1 probably get Nparate aidea. "'My ruess is that they1l end up with Nparate part-time penoDl'" that could work with them on J :3 -'IS:- Dichtl and weekends, he laid. Critics or the measure labeled the uliltanta "'political toadies," although the city'. charter prohi- bita council uliltanta from .us- ing any office or poeition with the city in support or opposition to candidate. for mayor or City Council." But there are IOme gray areas, Thomson laid. For example, should the aides attend civic or locial function. a. "rep- reaentativ." of the councilmem- bers? GruMr Borton laid having aomeone to repretent her when she hu a tcheduling conflict would be helpful u lone as "ita not uaed for penonal political benefil" But exactly what would consti- tute that? That area .definitely needs further dilcullion," Thom- lOll laid. Critics alto complained that the aidea would interfere with the city manager form or pvel'IlIDent that requireI the coUDcil to let policy and the city menace!"s office to aciminiltrate it. Under the charter, individual counci1memben could be forced to leav. office if their aides tried to "influence" the city manager or department heads in the penor- IDaDC8 of their duti... But Nader hu laid he wanta hit aide to let CODltituents lmOW when he diaqreeI with city polic:ieI. "If'rm not in qreement (with city policy), I don't want a letter written that I am,- he laid. From the Office of the City Attorney City of Chula Vista Legal Opinion Date: September 15, 1991 From: Bruce M. Boogaard, City Attorney D. Richard Rudolf, Assistant City Attorney To: Honorable Mayor and Councilmembers cc: City Manager Jim Thomson Re: Council Staff 1. Request for Advice. At the request of the Council, the Council will receive and deliberate upon a report from the City Manager with regard to alternative approaches to Council Staffing. Many issues will arise during such deliberation, many of which are legal in nature. I have been requested by the Manager's office to supplement such a report with my opinion on the legal issues involved in the decision confronting you. This report is intended to provide that legal advice. 2. Leaal Issues Presented. The duties which the Council want the "Council Staff" to perform will define the consequences. "Duty definition" is critical because it will be the basis for determining who has the relevant Personnel Power. Given that the duties are defined, the following is a summary of the legal issues which I see as presented by the City Manager's report: 2.1. Does the Council have the authority to create Council Staff positions ("Position Creation Power")? staff4.wp September 15, 1991 Memo re Council Staff Page 1 )J--I/ ~ 2.1.1. Is a Supermajority Vote required? 2.1.2. Can the Supermajority Vote requirement be avoided by contracting for the service? 2.2. Who has the power to appoint a person to fill the Council staff position ("Appointment Power")? Since, as you will see, the power of appointment flows from the existence of a Department, the following inquiry become relevant: 2.2.1. Who has the power to create a department ("Department Creation Power")? 2.2.2. Who has the power to assign the position to a Department ("Position Allocation Power")? 2.3. Who has the power to supervise the Council staff ("Supervisorial Power")? 2.4. Who has the power to set the duties of the position ("Duty Assignment Power")? 2.5. Should classification protection be assigned to such positions, and if so, who has the power to confer such protection ("Classification Power")? 3. Preface and Precautions. The relation of this subject matter to the heart of our government--its Charter--bears some preface and precautionary advice. 3.1. Council Staff was not contemplated by the Drafters. After thoroughly reviewing the Charter, it is my opinion that the Charter drafters "probably" did not contemplate or consider a situation in which the Council would have any staff more extensive than a Private Secretary to serve both the Mayor and Council. 1 1. Section 500, Appointment and Removal of Officers and De9artment Heads, provides, in section (a): " (a) Appointment. .. .there shall be in the Unclassified Service a private secretary for the . . . Mayor and Council who shall be appointed by the respective officers for whom they serve." (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 2 1;-1(7 However, given this, we can not ignore the authority of the Charter. The Charter drafters recognized that they were creating a power distribution document, and had to believe that it would require interpretation as it may be applied to new demands and new requirements on the City as it grows and expands. They provided for the power to create additional departments as the demands of the City grew, and they provided for the power to combine shrink or abolish departments as the demands for service subsided. 2 Just as the Supreme Court is required to interpret a federal Constitution whose framers did not contemplate issues of abortion or radio signals at the time of its creation, all of us are re- quired to interpret, and sworn t9 uphold, the City's constitu- tion--its Charter--as the source for the power distributed to our respective departments and offices. 3.2. Status of City Attorney's Opinion. It is, for better or worse, the function and duty of this Office to provide such interpretation. As a word of caution, my opinion is not law. The Charter is the law. To the extent that it is well reasoned, this Opinion may be given some considerable weight by a reviewing Court, and hopefully, by the People of the City, the Council, and the City Manager. 1. (...continued) The authors recognize that, at Section 304, defining the Mayor's duties, the drafters contemplated the assignment of personnel to the Mayor/Council Office: ". . .In addition to said powers and duties, the Mayor shall have the power and duty: .. .(6) to supervise the operation of the Mayor/Council office and personnel assigned thereto. II However, such language is not inconsistent with the Private Secretary assigned by the Charter to the office of Mayor/Council. 2. section 501, Administrative DeDartments, First Paragraph: II The city Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." ("Department Creation Clause") staff4.wp September 15, 1991 Memore Council Staff Page 3 )J~'1~ 3.3. Interpretation and Judgment is Required in Rendering this Opinion. Unfortunately, the Charter is not a model of consistency and clarity at certain points relevant herein. certain judgment calls are required to be made after balancing arguments for and against an interpretation. Our tools are limited to logic, common sense, judgment, rules of statutory construction, and a single case decided within our own appellate district dealing with a similar effort by the City of San Diego.3 Expressed herein is my best effort in making such interpre- tations. 4. Summarv of Conclusions. 4.1. Define the Duties. The conclusions to these legal issues presented depend, almost exclusively, on the duties to be assigned to the Council Staff. If the Council wants the Council Staff to perform simply as extensions of their own persona--their "alter egos" ("Alter Ego Council staff")--there is one set of conclusions. If the Council wants the Council Staff to perform "administratively" ("Administrative Council Staff"), there is another set of conclusions. 4.2. Why is there a difference between Alter Eqo and Administrative Council Staff. and what is the difference? The reason for the distinction between Alter Ego and Administrative Council Staff is created by the Charter establishment of the Council/Manager form of government, explained in more detail below. Alter Ego Staff would be required to have such unofficial4 duties, by their job specification, as the Council could perform themselves, such as inquiry, analysis, research, substitute rep- resentation at community meetings, and message-carrying functions. However, the position should be categorized as Administra- 3. Hubbard v. City of San Diego (1976) 55 Cal App. 3d 380, 127 Cal. Rptr. 587., a copy of which should be attached. 4. Obviously, the Council Staff would not be able to engage in official acts of the assigned councilperson, such as voting or signature of documents. staff4.wp September 15, 1991 Memo re Council Staff Page 4 /3-'IC; tive Council staff if any Dart of the duties include requ1r1ng interaction with, or "utilization of", persons reporting under the City Manager of a more extensive nature than mere inquiry, or in any way directing or encouraging the City Manager or any of his departments to perform in any particular way. For example, a Council staff which was required or permitted to attend the City Manager's agenda preparation meetings, or department head meetings, or be required to work with the City Manager in the preparation of a council agenda report prepared by or through the City Manager's Office would be categorized as Administrative Council staff. 4.3. position Creation Authority. Under either type of Staff, the Mayor/Council, as a unit, has the authority to create, by the budgetary process, Council Staff positions. If done mid-budget year, it will require four affirmative votes because it creates positions--this is a budgetary amendment to the "position plan"s. 4.3.1. Avoidinq the Superrnaiority Vote Requirement. Although not recommended, the creation of positions can be avoided by contracting for "Council Staff" services, and therefore this supermajority vote requirement may be reduced to three affirmative votes. However, unless an appropriation already exists in the budget of the department to which the "position" is allocated, the Charter will require an appropriation, and hence four affirmative votes. Thus as to Contract Alter Ego Staff to be, by definition, assigned to the City Council "department", funds must be appropriated to, and expended from, the City Council budget. As to "Contract Administrative Council Staff", funds will need to be appropriated to, and expended from, the City Manager budget. 4.4 position Allocation: Aooointment and Suoervisory Power. 4.4.1. Administrative Council Staff If the Council desires Administrative council Staff, the position is required, by the Council/Manager form of government, to be assigned ("Position Allocation Power") to one or another of the City Manager's departments, as the Ceuftcil may oelect. The City Manager, or the department head to which the 5. If the creation of the positions is part of the normal, annual budget approval process, it could be done with three affirmative votes. staff4.wp September 15, 1991 Memo re council Staff Page 5 /J-5b .' position is assigned, has the power to ~ill ("Appointment Power") such position, and to supervise ("Supervisorial Power") such position. 4.4.1.1. Contract Administrative Council Staff. As to Administrative Council Staff, the Council/ Manager form of government would not tolerate the subterfuge of a "contract employee" engaged by the Council as a means of avoiding the consequence that the Appointment Power resides in the City Manager. Although not recommended, an Administrative Council Staff could be engaged by contract as long as the City Manager is vested with the contractor selection authority.6 4.4.2. Alter Eqo Council Staff. If the Council desires Alter Ego Council Staff, the Council has the power, by adoption of an ordinance, to constitute themselves as a "department" of the city. 4.4.2.1. Delay Problem. Such an ordinance could not become effective for approximately 35-40 days except upon a finding that such urgency is necessary to preserve the public peace, health, safety, and general welfare,7 and then, only by four affirmative 6. Our Municipal Code, at Section 2.56.220 (C), establishes the procedures to be used for the selection of "consultants". It requires the City Manager to appoint a selection committee and to recommend the appointment to the City Council for approval. However, this ordinance created procedure would not survive scrutiny as applied in this unique case to Administrative Council Staff, because it would permit the Council to act like an "appointing authority" over a service assigned exclusively to the City Manager by the Charter. 7. Section 311, AdoDtion of Ordinances and ReSOlutions, provides: " (d) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. staff4.wp september 15, 1991 Memo re Council Staff Page 6 )3~/ votes of the Council.8 If the Council constitutes themselves as a "depart- ment", they would have the power to allocate the position to the City Council Department, and they would have the Appointment Power to fill the position or positions by majority vote of their body. The Supervisorial Power over such employee, short of discipline or termination, would reside in the Mayor. Disciplinary and termination authority would reside in the entire Council. As an anomaly of a Charter provision, the City Manager will have to approve the Council's appointment of their proposed Council Staff appointees. 4.4.2.2. Contract Alter Ego Council Staff. Unlike Administrative Council Staff, the Council/ Manager form of government would not create an obstacle to the retention of Alter Ego Council Staff by contract, because by definition of their duties, they could not interfere with the administrative arm of the city. Nevertheless, it is not recommended because a "contractor" relationship is not being proposed, and no particular advantage exists from the perspective of being able to avoid the Supermajority Vote Requirement. 4.5. Classification Power. An Alter Ego Council Staff person should, but is not legally required to be, in the unclassified service, thus serving at the pleasure of the Mayor/Council. For the purposes herein relevant, the Council has this "Classification Power". 4.6. Dutv Limitations. As Alter Ego Council Staff, certain duty limitations should be placed on them. In addition to prohibiting "administrative activity" for which the City Manager has ultimate responsibility, such duties should also be carefully written to prohibit 8. The 30 day period after the Council adoption and prior to the effective date of an ordinance is commonly referred to as the "referendum period". It was designed to give the People the time to exercise their Referendum Power by collecting and fileinq a petition to "refer" the ordinance to the voters. Since we are dealing with a matter very close to the heart of the power distribution scheme created by the People in the Charter, this is particularly a case in which the Referendum Period should not be lightly slighted. Accordingly, I would recommend against the urgency finding, but it is clearly within the judgment of the Council. staff4.wp September 15, 1991 Memo re Council Staff Page 7 13~~;L political activity on behalf of the assigned Councilperson, or prohibit activity in any matter in which the Councilperson may have a financial conflict of interest. ("Duty Limitations") 4.7. Should the Council have Council Staff? There are non-legal and collaterally-legal matters which the Council should consider which do not necessarily constitute an obstacle to the creation of Council Staff. I feel it is my responsibility to bring these to your attention, regardless of how you may feel about such staffing. Analysis and Discussion ~ Backqround ConceDts 5.1. Our Charter Establishes a Council/Manaqer Form of Government. The Charter is to a city what the Constitution is to the Federal Government. .It is, for local government, the "power distribution document". It tells the people and their local representatives who has the authority, or power, to do what. In virtually all forms of local government that exist, the elected representatives establish policy. However, the manner in which the power to implement that policy is allocated is the key variable that defines the form of local government. Our Charter establishes what is referred to as a "Council/ Manager" form of government. This is a form of government characterized by the fact that it distributes to the elected representatives--the Council--the power to set policy, and it distributes to the City Manager the power to formulate policy alternatives and to implement such policy as is set by Council. It may be contrasted to another form of local government referred to as the "Strong Mayor" form of government which distributes policy setting and policy implementation duties to the Office of Mayor. It may also be contrasted to the Mayor/ Administrator form of government where policy implementation powers are shared between the Office of the Mayor and a Chief Administrator Officer. The names or "stereotypes" assigned to the form of government do not define the distribution of power--the charter provisions do. However, the form of government selected by the Charter framers establish "a framer's intent" with which to interpret the charter provisions where there may be ambiguities in the precise language, imprecisions in the draftsmanship, or staff4.wp September 15, 1991 Memo re Council staff Page 8 /J-5) ._""-""'.....""........,.~~...~'^~,~~~.......,~......."="-;.,..~"","'_...,..~..<."...,, ."...,_..".......'~".~,.,."',_._<.".~--~_.. . situations which are not specifically addressed in the Charter. As this memo will document, the current issue of "council staffing" presents charter interpretation issues in this zone. ~ How does our Charter establish a Council/Manaaer Form of Government? All powers to function as a City, not otherwise distributed by the Charter, are vested in the Council.9 The "administrative power"--i.e., the power to implement policy set by the Council--has been "otherwise distributed" exclusively to the City Manager. Section 40010 charges the City Manager to be the "executive officer" of the City. 11 Section 401 further defines that, by "executive officer", the City Manager is "the head of the administrative branch of the City government, and [is] responsible to the City Council for the proper administration of gll affairs of the City. ,,12 9. Sec. 201, Powers Vested in Council, provides: " All powers of the City, except as otherwise provided in this Charter, shall be vested in the City Council." ("Residual Jurisdiction Clause") This Residual Jurisdiction Clause is important in cases where there is an silence in the Charter. 10. All section references are to the Charter except as otherwise indicated in the text. 11. Sec. 400(a), "City Manager", provides: " (a) Appointment; Salary. There shall be a City Manager who shall be the executive officer of the City; to be appointed by and serve at the pleasure of the City Council. The City Manager shall be chosen on the basis of administrative qualifications and shall be paid a salary, fixed by the council, commensurate with responsibilities." 12. At Section 402, the City Manager is even given the power to "participate in deliberations of the City Council, but shall not have a vote." staff4.wp September 15, 1991 Memore Council Staff Page 9 ) :;-5,/ The Charter specifically cautions the Council not to involve itself into "administrative affairs"--but to leave such affairs to the judgment and discretion of the City Manager. The Charter is very clear and very adamant about this. It establishes. as a Dena1ty for-its violation. "loss of office"! Section 305, entitled "Prohibited Acts" is the "cornerstone" of the Council/Manager form of government, and deals exclusively with the dichotomy between policy setting and administrative powers: " No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their ,performance of duties. The Mayor and the Councilmen are hereby individually and collectively prohibited from performing any administra- tive or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chu1a Vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council." Thus, if the Council staff are in any way entitled to interfere with the City Manager's administration of the affairs of the City other than by inquiry, or to otherwise inject themselves into the administrative arm of the City, this Council/Manager form of government requires that they report to, be appointed by, and exist to serve the City Manager. This then is the basis for the distinction between Alter Ego Council staff and Administrative Council staff. As Administra- tive Council Staff, their overriding purpose will be to enhance the Manager's liaison with the Council. 6. The Charter's Division of Personnel Authoritv. Council Staffing, like other staffing decisions, is an exercise of the Personnel Power set forth in the Charter. In an apparent effort to curb potential abuses in personnel practices in local government, the Charter drafters divided the Personnel Powers among different Offices of the City in a manner more fractured than is typically seen in private sector staff4.wp september 15, 1991 Memo re Council staff Page 10 / )3 -fy employment practices. Our Charter recognizes at various points, a deliberate division of the Personnel Powers. For the purposes of this opinion, the Personnel Power is "fractured" into at least the fOllowing categories under the Charter: 1. The decision that the job is needed ("Position Creation Power"). 2. The assignment or allocation of the created position to an Office or Department ("Position Allocation Power"). 3. The power to create departments for the purpose of defining who has the Appointment Power ("Department Creation Power" ) 4. The power to designate a person to fill the position (" Appointment Power"). 5. The power to veto the exercise of the Appointment Power ("Approval Power"). 6. The power to assign duties to the position ("Duty Assignment Power"). 6. The right to supervise the employee ("Supervisorial Power"). 7. The power to confer civil service protection to a position ("Classification Power"). We will herein attempt to explain how the Charter distributes each of these subpowers of the Personnel Power at least for purposes relevant hereto--the Council Staff issue13. 7. Can the Council Create "Council Staff" positions? Conclusion: Yes, except for Charter-established "Offices", the position Creation Power has been assigned to the Council. 13. Other divisions of the personnel power, not relevant here, are created in the Charter. For example, the right to discipline and terminate is divided, based on classification status, between various persons. staff4.wp September 15, 1991 Memo re Council Staff Page 11 ) :5-:S1 While recogn1z1ng some Charter ambiguity", on balance, it is our o~inion that, as to all positions not categorized as an "Office" 5, the City Council has the Position Creation Power, which is exercised through the adoption or amendment of the Budget. The Budget can be adopted by three affirmative votes.'6 It 14. Section 501, Administrative DeDartments, Third Paragraph, provides, in pertinent part: " The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter." ("Number and Compensation Clause") The authors recognize that this does not specifically state that the Council has the power to create positions, just control the number and pay. This has to be judged as a drafting oversight and should be interpreted to mean: "the Council shall control . . .the existence, number and compensation of all positions, . . ." The position Creation Power is not elsewise distributed except less precisely in the same section, Second Paragraph: "The City Manager shall . . .provide staff for the departments for which the city Manager is responsible." Was "shall . . .provide staff" intended to establish the City Manager's power to create positions in the face of the Number and Compensation Clause cited above? We think not, especially in light of the historic practice that the City Council has always been responsible, through the budgets, for creating positions. In light of the Residual Jurisdiction Clause, it is our judgment that the City Council is vested with the Position Creation Power. 15. An "Office" is a charter-created position which can not be abrogated by the Council. The Mayor and Councilperson, City Clerk, City Manager, City Attorney, and the Finance Director are examples of "Offices". See Section 505 which permits the Council to assign additional functions or duties to "offices", departments or agencies, but may not abrogate same. 16. See Section 1004, Budget. Further Consideration and AdoDtion, which provides, in pertinent part: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 12 ) J'- S-? may only be amended mid-year by four affirmative votes17 ("Supermajority Vote Requirement"). 7.1. Can the Mid-Year SUDerma;ority Vote Requirement be Avoided? Conclusion: Perhaps, but only if the Council staff is provided for by contract, and the Department to which the Council Staff is assigned (Councilor Mayer Manaqer) has sufficient funds appropriated thereto. Staff has attempted to prepare scenarios under which the Supermajority Vote Requirement could be avoided if the majority of the Council so insisted. Under most all scenarios presented, four affirmative votes will be required. scenario 1. If there were sufficient funds available under the City Manager's "budget amendment" authority, could the City Manager transfer (i.e., appropriate) sufficient funds for the positions without requiring a "Budget Amendment"? Conclusion: Yes, if the Council Staff type selected is the Administrative Council Staff, appointed by and serving under the authority of the City Manager. The council, at the time of the adoption of the Budget, delegated certain limited "amendment authority" to the City Manager. 18 While I believe that this was a 16. (...continued) " . the City Council shall . . .adopt the budget . . . by the affirmative votes of at least three members. . . ." 17. See Section 1005, Budqet. ADDroDriations, Second Paragraph, which provides, in pertinent part: " At any meeting after the adoption of the budget, the city council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members." 18. See Budget Adoption Resolution, No. 16216, attached as Exhibit B, which provides, in pertinent part: "BE IT FURTHER RESOLVED that the appropriations attached are approved as the budget for the 1991-92 fiscal year and that the City Manager and the Director of Finance be authorized to transfer appropriations within control accounts for all (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 13 J J'-~7' legitimate delegation of budget-amendment authority,19 according to the City Manager, the "inter-departmental" aspect of this language was intended to allow the transfer between the department of "vacancy savings" between accounts. "Vacancy savings" are unexpended appropriations resulting from routine turnover, or vacancies, in positions resulting from retirements, career advancements, terminations, etc. The department in which they occur are somewhat unpredictable, but given the large emplOYment base of the City, the amount can be historically predicted with ~ome accuracy. This clause was designed to permit the City Manager discretion to shift those saving to the departments in which they actually occur. Accordingly, it would be inappropriate for the City Manager to use this clause as authority to appropriate compensation for newly created positions which can't otherwise muster the Charter-sanctioned vote requirement. However, the Budget adoption resolution cited above also has an "intra-departmental" aspect, giving the 18. (...continued) services and to transfer appropriations between control accounts for Employee Services only." Control accounts are "departments". Note that the City Manager can therefore transfer funds "intra-departmentally" and "inter- departmentally". 19. There is nothing in the Charter that requires a line-item budget--a budget which would have limited the City Manager to expending the City resources only for the specific purpose described by each individual line item. Rather, section 1005 states that "the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective object and purposes therein named." Consistent with the requirements that their be a "depart- mentalization" of expenditures, the City Council adopted a modification, or blend, of the line item budget because in the adopting resolution, it gave the City Manager certain transfer, or "administrative amendment" authority. staff4.wp September 15, 1991 Memore Council Staff Page 14 ! :J'~S-t _..__.._-_.".,~-_.~_.~."............~---~_....,----~....--.__.,,~_..,,-.._-,.~-,_.~~....... . ..._.~..."_..>..._,_._"..........,....,...'.,,"'~''''._.",--,.,~-..,,,.;,_.~-~--~-~,_... City Manager the authority to transfer funds between different accounts in the same Department. This was designed to give the Manager "managerial flexibility" in administering the affairs of the City. Thus if existing funds are already appropriated to the City Manager's Department, and are transferred from one account to another by use of his delegation of "budget amendment" authority, the City Manager could make the funds available to pay for an Administrative Council Staff, but not an Alter Ego Council Staff. Scenario 2. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority Vote, be used to create the Council Staff Dositions? Conclusion: No, it would still be a budget amendment of the "position plan". without reference to the peculiarities of our City, a budget is, in its primary sense, a "spending plan" for the City that requires the identification of resources and sets forth the plan for the expenditure of those resources. A budget typically contemplates a "position or personnel plan" as part of the "spending plan" but it is not normally considered a sine aua non of budgets. However, under the authority of the Number and Compensation Clause cited above, our Charter has elevated the "position plan" component to an integral part of the budget in that it gives control over the number and compensation of alljositions to the Council through the budgetary process.2 Historically, all new positions are created at the budget approval hearings, or have been enacted only with four affirmative votes. Therefore, it is my opinion that any time there is any mid-year change in the "position plan", with or without a corresponding resource reallocation, that four affirmative votes are required. Scenario 3. Could the service required by the Council Staff 20. section 501 cited above. staff4.wp September 15, 1991 Memo re Council staff Page 15 ) J --to be obtained by contract, thereby avoiding the creation of positions? Conclusion: Yes, if there are already sufficient resources previously appropriated to the discretion of the department or office and purpose served by the "contractor"--i.e., the City Council. Then funding would be within the transfer discretion of the City Manager. Although not recommended, the service can be obtained by contract. It is not recommended because the key distinguishing feature between an "independent contractor" as opposed to an "employee" is that an employee is directed as to the ways and means of performing his duties. An "independent contractor" is given a task to accomplish, and is left to his own devices as to the way and means of achieving it.21 We have admittedly, in past practices, blurred this distinction in having services performed by a "contract employee" when it served other departments or offices of the City. It would be hypocritical now to assert its impropriety as applied to benefit the Council.22 If used despite its inadvisability, nevertheless, the "contract employee" practice can not be used to assign administrative duties in violation of the authority of the City Manager to control all administrative matters. However, as a general concept, the Charter requires that, prior to expenditure, there be an appropriation to the department or office served by the expendi- 21. See discussion at 38 Cal. Jur. 3d Independent Contractors, section 2. 22. However, this Office intends to continue its course of action discouraging "contract employees" in the future because (1) we may not have the shelter of tort liability immunity for injury to such employees; (2) there may be liability to the IRS for failure to withhold taxes; and (3) as "real" but unrecognized employees, we may be required to make PERS contributions with regard to the cost of their service. staff4.wp September 15, 1991 Memo re Council Staff Page 16 / J-? I ture.~ It would be an intolerable violation of the Charter-approved budgetary scheme to spend consultant money appropriated to the Public Works department on a consultant designed to serve the Parks Department. For the same reason, the Charter will not permit, without amendment, the expenditure of funds on Council staff-- be it employees or contractors--from a department other than the City Council. Scenario 4. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority Vote, be used to create the Council Staff bv contract? Conclusion: Yes, but it will still require appropriation to the City Council "department" budget. This scenario is a blend of Scenario 2 and 3. It was designed to avoid the "position plan" amendment problem which, as in Scenario 2, required amendment to the budget, and 4/5ths vote. It avoids the Scenario 2 constraint by contracting for the service. However, it does not pass the Scenario 3 hurdle since the contingency account in the "Non-Departmental" budget is not appropriated to serve the Mayor/Council Office or "department". 24 ~ Who has the Appointment Power to fill the Council Staff positions?--the Charter Allocation of Appointment Authoritv. 23. See Section 1005, "Budget. Appropriations" provides: "From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments. offices and aqencies for the respective obiects and purposes therein named." (emphasis added) 24. The description of the Non-Departmental "budget" in our 1991-92 Budget reads as follows: "The Non-Departmental budget is unusual since it is a collection of miscellaneous items which either involve the entire City or do not fit within any single departmental budget." staff4.wp september 15, 1991 Memo re council Staff Page 17 /3-~;L Even though the Charter allocates the Position Creation Authority to the Council, it has reserved most of the Appointment Authority to the City Manager, or to the Department Head as herein explained. As to "appointive positions"--the City Manager, City Attorney, City Clerk, and a private secretary to the Mayor/ Council--the Charter gives exclusive Appointment Power to the Council.25 As to Assistant and Deputy positions, the Charter gives Appointment Power to the supervisor of the position--the City Manager, City Attorney or City Clerk--but reserves Approval Power to the Council.u As to other officers and department heads27, the Charter gives the City Manager the Appointment Power, but reserves in the City Council the Approval power.28 25. section Sec. 500, Appoihtment and Removal of Officers and Department Heads, which provides, in pertinent part: '"', " (a) Appointment. The City Manager, City Attorney and City Clerk shall be appointed by and serve at the pleasure of the city Council . . . In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the Mayor and Council who shall be appointed by the respective officers for whom they serve." 26. section 5do (a) continues: ". . .All other officers and department heads of the city and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. The City Attorney shall also appoint Assistant or Deputy City attorneys as may be authorized by the council, subject to the approval of the Council, who shall be in the Unclassified service. The City Clerk may also appoint Assistant or Deputy City Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the Unclassified Service. ..." 27. At least, those under the control of the City Manager. See section 501. 28. See also, section 401 (a) which provides, in discussing the powers of the City Manager, in part, as follows: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 18 ):J--~3 ~"_~~."^__",-_,'~--'~';"'~~'_"'"'_..__'_""""'_<~~__""~'_"'~'~__~,,,,,,,,,,,,,,,,,,"~,_____"'_"'~_'._M~_____"_ As to all other employees, which would include, presumably, Council Staff, the Charter gives to the Department Head and/or "appointive officer,,29 the Appointment Power over such "employees as are provided for by the City Council,,30 for their department or office, and reserves to the City Manager the Approval Power over all such employees.3' Thus, in this scheme of things, except as the Charter distributes special appointment powers to the Council, and appointive Offices (Manager, Clerk, Attorney, Private Secretaries), the Appointment Power over a position flows from being designated as a Department Head of a "department" to which the position is assigned. Hence, the ability or power to assign a position ("Position Allocation Power") to a department becomes theoretically critical. As applied to Administrative Council Staff, the Manager or other existing department head would have the Appointment Authority. 28. ( . . . continued) " Subject to the provisions of Section 500 of Article V of the Charter, the City Manager shall appoint all department heads and officers of the City except elective officers and those department heads and officers whose power of appointment is vested in the City Council, and pass upon and approve all proposed appointments and removals by department heads and other appointive officers." 29. Appointive Officer is a reference to the City Clerk, the City Manager or the City Attorney. 30. Under their position Creation Authority in the "Number and Compensation Clause", Section 501. 31. Section 507, Department Heads: Appointment Powers, provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by Section 500(a) of this Charter, and subject to prior approval of the City Manager." This is consistent with Section 401(a) defining the powers of the City Manager. staff4.wp September 15, 1991 Memo re Council staff Page 19 jJ-~ f However, as to Alter Ego Council Staff, the question arises as to whether the Mayor/Council is a Department. 9. Is the Council/Mavor Office a Department Sufficient to Permit Them to be the Appointinq Authoritv? Conclusion: No, but the Council has the authority to make themselves a department, and an ordinance is attached which will accomplish such an objective. The Charter treats the Council and Mayor as an "office". An Office is a charter-recognized position, the main consequence of which is that it can not be abolished or modified by the Council. There are five elective offices--the Mayor and Councilmembers-- and there are at least four appointive offices--the City Manager, the City Clerk, the City Attorney, the Finance Director. However, the Charter recognizes and treats Offices differently from Departments such as to lead us to conclude that an Office is not, by Charter, a department. The Charter does not, of itself, recognize the City Council32 as a separate department of the City. In contrast for example, it does so recognize a Finance Department.33 However, at section 501, "Administrative Departments", the Council is granted the power to create additional departments by ordinance~ not inconsistent with the Charter~ and assign general functions to such added departments. 32. Or the City Clerk or the City Attorney--these are considered Offices in the eyes of the Charter. 33. section 504, Director of Finance: Powers and Duties, provides, in pertinent part: " There shall be a Finance Department headed by a Director of Finance, who shall have power and be required to . . . II 34. The requirement that the Department Creation Power has to be created or provided for by ordinance dispels the notion that the adoption of the budget, an act which occurs by resolution, has the power to constitute the Council as a department. 35. section 501, Administrative Departments, First Paragraph, provides: (continued. . . ) staff4.wp september 15, 1991 Memore Council Staff Page 20 / 7-t,~ The Council has exercised this "department creation" &ower by creating, by ordinance, for example a Police Department , a Fire Department37, Park and Recreation Department~, and a Community Development Department39. Would the Charter tolerate an ordinance which creates a "Mayor/Council Department" so as to permit the Mayor/Council to have appointing authority? While there appears to be authority on each side of this very important issue, it is my opinion that the weight of the authority would permit the Council to constitute itself as a Department. In the first instance, the Charter appears to recognize that there may be departments other than departments subject to the City Manager's direction. In the second paragraph of Section 501, the Charter states: " The City Manager shall be responsible for the organizational structure of all departments sub;ect to the citv Manaqer's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the citv Manaqer is responsible." This implies, in two separate places,4o that the Charter drafters contemplated that there may be need to be other 35. ( . . . continued) " The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." 36. Municipal Code Chapter 2.09. 37. Municipal Code Chapter 2.10. 38. Municipal Code Chapter 2.16. 39. Municipal Code, Chapter 2.18. 40. A repetition which suggests to this author a deliberate consciousness. staff4.wp september 15, 1991 Memo re Council Staff Page 21 J3'-~jp departments which may be created for which the City Manager may not be responsible--even at a time when they were creating a very rigid Council/Manager form of government. This could have been a reference to the future creation of a "City Attorney's Department". or the "City Clerk's Department", but the Charter is just as silent as to the creation of departments around such Offices as it is for a "Council/Mayor Department" around the Office of Mayor/Council. Second, in the case of Hubbard41, the Fourth Appellate District42, gave dictum sanction to such a practice. In Hubbard, the City of San Diego Council attempted to create an "administrative" department that reported to the Council, circumventing the City Manager's Office. This was found to be illegal as a violation of their Council/Manager form of government. In doing so, however, the appellate court gave implicit recognition and sanction to a charter provision43 giving the Council the authorit~ to create departments--not dissimilar to our own provision . In Hubbard, the San Diego City Council constituted 41. cited above, copy attached. 42. i.e., the one governing San Diego County. 43. San Diego City Charter, section 26, Administrative Code, provides: "The existing Departments, Divisions and Boards and existing Offices of the city Government are hereby continued unless changed by the provisions of this Charter or by ordinance of the Council. The Council shall be ordinance, by majority vote, adopt an administrative code providing for the detailed powers and duties of the administrative offices and departments of the City Government, based upon the provisions of this Charter. Thereafter, except as established by the provisions of this Charter, the Council may chanqe. abolish. combine. and rearranqe the deDartments. divisions and boards of the city Government Drovided for in said administrative code. but such ordinance creatinq. combininq. abolishinq or decreasinq the powers of any deDartment. division or board shall require a vote of two- thirds of the members elected to the Council.. " (emphasis added)." 44. Section 501, cited above. staff4.wp September 15, 1991 Memo re Council Staff Page 22 J3"-~? themselves as Departments, which under another Charter section4S, entitled them allegedly to staffing. To this effort, the Hubbard Court said: " The right must be recognized of the Council as a body, and of each member of the Council, to employ one or more assistants to do clerical, research, analytical, reporting and communications work to facilitate the performance of the duties of the legislative body and its members. Included in that category would be agents to obtain desired information from the Manager, and to analyze it and the proposed budget for the benefit of the members of the Council individually or collectively. Such agents or employees would be only representatives of the Councilor its members operating in extension. Such representatives, acting on the initiative and under the direction of the Councilor its members clearly differ from a department of the City working on its own initiative and with its own administrative head and in its internal administration independent of both Council and Manager." This is powerful dictum46 by our own Appellate Court in a case which is indistinguishable of relevant facts from ours, and is the only case our office could find on the entire subject matter after doing a nationwide search. It can not be lightly ignored. Third, as we have established, the Charter gives the Council the authority to create positions--including Alter Ego Council Staff positions. It is illogical to conclude that no avenue should be available to the Council to permit them to appoint such persons to fill the position, but to require them to be filled by someone they do not serve. Such a conclusion would put an intol- erable burden on the City Manager if he would refuse a Council- person's suggestion for the position. 45. section 117, San Diego City Charter. 46. Dictum is a gratuitous judicial observation or remark in a case which is not essential to its determination or resolve. As such, dictum is exempt from the application of the doctrine of Stare Decisis--IIthe policy of courts to stand by precedent and not to disturb settled points." Black's Law Dictionary, Revised Fourth Edition. In otherwords, other appellate court can more easily dismiss such a remark. staff4.wp September 15, 1991 Memo re Council staff Page 23 JJ-j:g/ ...........,."..._-----~<",.^.~,.,._,~,.,~."._~~...........-...._..~..._~~'~."......~."..,~"~,.,.".~~...,.~,~.~~,.---.."~...._....._,-""_.--",,..__..............'""'.~~~......... We therefore conclude that the Council may constitute themselves as a "department". In reaching this conclusion, we are mindful of the following countervailing arguments: (a) The title of the very section granting the Council power to create departments--Section 501--is "Administrative Departments". While not in itself controlling, it is some evidence that the drafters intended that this power be exercised with regard to formation of departments to perform the administrative functions of the city--functions which, by the "Council/Manager Form of Government", the Council is deliberately precluded.47 This argument may be diminished by the fact that, typically in statutory construction, titles are not controlling over content.48 (b) Furthermore, a reading of the third paragraph of Section 501, could lend itself to the construction that any such department created by the Council under such authority would be headed by a designee of the City Manager49. Under such a reading, it is illogical to believe that if the drafters contemplated a Mayor/Council Department, they would have given the Appointive Power over their department head to the City Manager. However, one rule of statutory construction is that an attempt should be made to reconcile, if possible, the various 47. See previ~us discussion and Section 305, cited above. 48. Please note that San Diego Charter Section 26, quoted in footnote 43 above, like our own section 501, has the word "administrative" in the title. Unlike ours, however, the content of this section 26 limits the "department-tinkering" power of the Council to "administrative departments", does not specifically say they can "create" a department, and lets them exercise their "power creation" authority only on a supermajority vote requirement. In otherwords, our Charter distributes a broader "Department Creation Power" to our City Council than does the San Diego Charter distribute to their Council! 49. section 501, Third Paragraph: ". . .Each deoartment so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council." staff4.wp September 15, 1991 Memo re Council Staff Page 24 I :J-~ 1 parts of a statutory law. Such a reconciliation is readily available: The City Manager's Appointment Power over "each department so created" is limited to such departments as are "subject to the City Manager's direction" and "for the departments for which the City Manager is responsible". 50 This argument may be dismissed if the Appointing Authority language is recognized as modifying the creation of such departments subject to the City Manager's direction, and not all departments. (c) The consequence of "departmental existence" is Appointive Authority over employees assigned to it.51 Yet 50. It is appropriate at this point to restate all of Section 501, in its entirety, with emphasis added to clarify this point: "Sec. 501. Administrative Deoartments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions. The city Manaqer shall be resoonsible for the organizational structure of all deoartments sub;ect to the City Manager's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the deoartments for which the city Manaqer is resoonsible. The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each deoartment so created shall be headed by an officer desiqnated as de9artment head who shall be aooointed bY the city Manaqer. sub;ect to the aporoval of the city Council." 51. See previous discussion, and section 507, which provides:, " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City council for their department or office, . . ., and subject to prior approval of the City Manager." staff4.wp September 15, 1991 Memo re Council Staff Page 25 J:; -- 7(/ Approval Authority over "all other positions" is reserved to the City Manager.52 It is somewhat illogical to believe that the drafters contemplated a Mayor/Council Department where they would have had to succumb to the City Manager's discretion for the approval of their own Council staff. Please note that we prefaced this Opinion with a recognition that the Charter drafter's probably had not contemplated Council Staff--a failing which is not fatal to the long term viability of the document. This has to be simply recognized as an anomaly that the City Manager will have to approve or reject the Council's appointment of their proposed Council staff. 10. The Position Allocation Power--Who has the Power to Assian a Created position to a DeDartment? Even if a Department of Mayor and Council ("Council Department") gets created, how does the Charter distribute the power to allocate a created position to the "Council Department"? Specifically, even if the Council were to create Alter Ego Council Staff, if the Manager--not the Council--has the power to allocate such positions to a department, the Manager could theoretically obstruct and redistribute the collateral Appointment Power from the Council to the Department to which the position is assigned. The Charter contradicts itself as to which Office--the Manager or the Council--has the power to allocate created positions to Departments. In support of this power residing in the City Council, we note that Section 507 recognizes that employees are to be provided bY the City Council for a department or office53. 52. section 507, Department Heads; Appointment Powers, in pertinent part, provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, . . ., and subject to Drior aDDroval of the City Manaaer." 53. Section 507, DeDartment Heads: Appointment Powers, provides: Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and emDlovees as are Drovided for bY the city ( continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 26 /1-1/ section 505 provides that the City Council may assign additional functions or duties to an office or department of the City.54 section 501 gives them the power to assign general functions to such added departments. 55 In support of the case that the Position Allocation Function resides in the City Manager, we note that the second paragraph of Section SOl, set forth above, makes the Manager responsible for the "organizationAl structure of all departments subject" to his direction, and shall "provide staff for the departments for which" he is responsible. This discussion, hopefully unlike the rest of the opinion, is more theoretical than practical. Once the Council creates Alter Ego Council Staff and the City Council Department, it is an academic exercise to worry about who, between the City Manager and the City Council, has the power to assign them to the City Council Department. Remember, as Alter Ego Council Staff, these are people that can only do the non-administrative bidding of the Councilperson. It would strain logic to suggest that whichever Office had the power, they would not assign them to the City Council Department. Having said that, we can only reconcile the parts of the Charter by saying that the Council has the power to allocate an administrative oosition, such as an Administrative Council Staff, to the City Manager's Office, who shall thereafter redistribute and reallocate that position to such a place in the organiza- tional structure as he deems appropriate. As to departments not assigned to the City Manager's Office, such as in the case of a 53. (...continued) Council for their deoartment or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by section 500(a) of this Charter, and subject to prior approval of the City Manager. (emphasis added) 54. section 505, Duties of Officers and Emplovees, provides: " The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency." 55. See prior discussion and footnotes setting forth section 501. staff4.wp September 15, 1991 Memo re Council Staff Page 27 JJ"-?J- .. "to-be-formed" Mayor/Council Department, the Council retains full authority to assign the Alter Ego Council staff to the Council Department. 11. Who will have "supervisorial authority" over Council staff? Conclusion: the Mayor will have the authority to supervise "Alter Ego" Council staff. The Manager, or his designee will have the authority to supervise "Administrative" Council staff. The Mayor has the powers of all other Councilmembers, but is given certain additional powers which include, for example: the power to issue state of the City reports, the power to the official head of the City for ceremonial purposes, the power to take command of the police during time of public danger or emergency with the consent of the Council, to represent the City regionally, among others. section 304 (b) (6) sets forth specifically that the Mayor was intended to be the Supervisor of all personnel assigned to the Mayor/Council Office: "(6) to supervise the operation of the Mayor/council office and personnel assigned thereto." It is therefore my opinion that the Mayor would be the supervisor of Alter Ego Council Staff. If, on the otherhand, the Council Staff are Administrative Council Staff, the City Manager, or his department head, would have supervisorial control over the Council Staff. 12. What duties may be assiqned to Council Staff? 12.1. Administrative Duties Restriction. An Alter Ego Council Staff may not perform, individually or on behalf of his designated Councilperson, "administrative functions" and may not interfere with the City Manager in his performance of "administrative functions". For the distinguishing features of administrative functions versus alter ego discussions, see section 4.2 above. 12.2. Official Acts. The Residual Jurisdiction prOV1S1on of the Charter specifies that all powers not otherwise distributed are vested in the staff4.wp September 15, 1991 Memo re Council Staff Page 28 /;J-~ Council.56 The People are entitled to the individual service and discretion of the Councilperson. We believe that the Charter would not tolerate a delegation of such official authority to any person, including Council staff. As such, Council staff would not be able to sign official documents on behalf of a Councilmember. They would not be able to participate in Council deliberations in lieu of their designated Councilperson. Of course, they would not be able to vote on their behalf. 12.3. Political Activities. The Council staff should be specially cautioned that the prohibition against Political Activities would limit the duties assigned to the Council Staff.57 12.4. Financial Conflicts of their Assigned Council. Both the Fair Political Practices Act and our own prohibition against illegal contracts prohibits the Councilmember from "direct" or "indirect" participation in conflicting 56. Section 201, cited above. 57. Section 707, ImDrODer Political Activitv, which operates as a proscription on the activities of Councilmembers, would also operate with regard to Alter Ego Council Staff. It provides, in pertinent part: " No elective or appointive officer or employee of the City of Chula Vista, whether employed in the Classified or Unclassified Service, shall: (a) Directly or indirectly use, promise, threaten or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition or consideration; (b) Solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscription or contribution; (c) Use any office or position with the City in any activity in support or opposition to any person running for the City of Chula vista Councilor Mayor. " staff4.wp September 15, 1991 Memo re Council staff Page 29 / J --?f transactions. The Council staff may not participate in any transaction for their assigned Councilperson from which their assigned councilperson would be precluded. 13. Should vou have Council Staff--Collaterallv Legal Precau- tionarv warninas? This is a policy choice that involves many other considera- tions than mere legality, although as outlined herein, there are some significant legal constraints on your choices. As part of a team of general policy advisors, this Office feels obligated that you be advised on all collaterally-legal concerns and on such other policy aspects as it sees with regard to this matter not otherwise presented. I recognize that I am treading into an area of policy advice for which I was not retained. I do so somewhat regrettably knowing that this is a matter containing a significant emotional charge. I feel that the points raised in this section need to be considered by the Council. Therefore, I will summarily present them without further policy elaboration. Keep in mind that they do not operate as a legal constraint on your authority to act, and may, of course, be summarily ignored. (1) Consider a Charter Amendment to Chanae the Form of Government. A shift in the distribution of power sanctioned by the Charter should 'be accomplished by review and approval of the People of the city. If any Councilperson believes that they will create the position of Council Staff, or permit their use, in the performance of administrative activities, this would represent a redistribution of the power contemplated by the Charter and the matter should be reviewed by the Charter Review Committee, reviewed by the Council, and then referred to the People for vote. (2) The Consumotion of Time is the Price of Elective Service. The concept of "Council Staff" exists as a time-saving alternative for Councilpersons. It recognizably facilitates otherwise "busy" people to responsibly hold office. As such it will serve to bring into public service those which, due to their schedule, may otherwise be effectively precluded from office. In making your decision, consider the argument that a Coun- staff4.wp September 15, 1991 Memo re Council staff Page 30 ~ / J - ?c5 . " .. "~,~,,",_'",,'_'.,..~">..LT'~'~,,,a. _._., ^'".~"'~~'."._'~'#__;''''_'''''''''''''_''''_'''_~_'_''_'~''~'_....~,.. cilperson is elected to the Office on the premise that the People would have the benefit of his or her individual inquiry, analy- sis, research, meeting attendances, etc., as may be required by the Office, not other persons chosen by the Councilperson. In short, the Council staff position should not be viewed as a time-saving substitute for "putting in the time" required by the Office. (3) The Potential for Abuse is Created. Once the bureaucracy is created, it will probably be irre- versible, even after all of us are "long gone". Council staff creates the potential for long term abuse and possible appearance of future impropriety--not necessarily by any of the current Council, but by future office holders. It may inadvertently involve them in matters which may have legal and office-related consequences. For example, if assigned Council staff performs adminis- trative acts, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in loss of office. If the act was unauthorized, it will merely give the appearance of impropriety. If the assigned Council staff performs political activity, the issue will be raised as to whether it was on behalf or at the direction of the assigned Councilperson. If directed, it may result in sanctions. If the act was unauthorized, it will merely give the appearance of impropriety. If the Council staff participates in governmental decisions in which the Assigned Councilperson may have a financial conflict of interest, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in sanctions. If the act was unauthor- ized, it will merely give the appearance of impropriety. In sum, 'a Councilperson may be entrusting their public service career, in part, to the judgment of their Council staff. (5) Council staff may oDerate to distance vou from Administration. The existence of a "middleman" or "middlewoman" may operate to separate the City Manager's Office from the Elective Office. Messages may be sent back and forth via Council staff courier. Not only may the message be misconveyed, but the tone, inflec- tion, body language, and all other "non-speech" forms of com- munication that you may otherwise get through personal contact staff4.wp September 15, 1991 Memo re Council Staff Page 31 )J--7~ will be lost. Furthermore, a new personality, not possessing the "official" status of the Councilperson, will be injected into the communication process which may further distort the message. Conclusion. In this vein, we caution you that, while creating Council staff can be accomplished within the framework of the Charter, creating and filling Council staff positions should be given serious consideration by the Council, and simply'because it may be legal, may not otherwise be advisable. staff4.wp September 15, 1991 Memo re Council staff Page 32 13-77 1 COUNTY OF SAN DIEGO FINANCE REVIEW PANEL REPORT '. ... Board of Supervisors George F. Bailey, Chairman, Second District Brian P. Bilbray, Vice Chair~n, First District Susan Golding, Third- District Leon L. Williams, Fourth District John MacDonald, Fifth District Chief Administrative Officer David E. Janssen JUNE 16, 1992 June 10, 1992 Board of Supervisors San Diego County 1600 Pacific Ave. San Diego, Ca. 92101 Dear Chairman Bailey and Board Members, The Finance Review Panel is pleased to submit its final report for your consideration. The charge to our Panel was a broad one: review the current fiscal practices of the County and the fiscal outlook of the region and make recommendations to help guide the County with respect to its budgeting, financial and management practices. \ The Panel had its first meeting on February 27, 1992 and met regularly thereafter, usually weekly. The Panel received briefings from the Chief Administrative Officer and other County elected and appointed officials which highlighted significant concerns and issues. These served as a basis for the Panel's selection of the following areas for analysis which would be most helpful to the County. * Budget Planning Process * Management of Human Resources * Role of citizen Advisory Boards * Structure of County Government Subcommittees were created to initial~y study the foregoing issues and the salient results of the studies were incorporated into the final report. The subcommittees conducted independent reviews of their respective areas and brought forth their interim findings for consideration by the full Panel. The interaction of the subcommittees and the Panel resulted in a consensus on the conclusions related to each area. The findings and recommendations related to each of the studied areas are included in the report. It is now appropriate to recognize and thank Chief Administrative Officer David Janssen and the manJ County employees who contribu )d to the Panel's work by providing resource and input to che process. It is often difficult to spotlight specific individuals, when so many were so helpful, but, in this instance, it can and must be done. June Komar, the senior "County liaison to the Panel, and Mike Coffield and Jim Smyth were the three members of the Chief Administrative Officer's staff who, throughout the entire period, most dramatically demonstrated their continual and crucial contributions of competence, balqnce, professionalism and good humor. We cannot thank them enough. We also cannot adequately thank the individual Supervisors themselves. They not only ensured that all. necessary resources were made available to us, with neither restriction nor constraint, but also met individually, in some cases several times with Panel members to help us address, and focus on,' the very urgent and critical fiscal and governmental crisis in which the caunty now finds itself. -. Finally, I would like to use the work of this Panel as an excellent example of, and template for, the benefits of such Private/Public Sector partnerships. Special ad hoc issues can very often be best addressed by such joint efforts in which the private sector brings to the table very specialized and objective talents and skills and the public sector brings experience and specific and hands-on understanding of the problem areas within government. Such a team approach is cost effective, time efficient and results productive. Not a bad co~ination. We recommend it highly. ..; -. 1 - PANEL MEMBERS Barry Newman, Chairman Attorney at Law; Past President, San Diego County Taxpayers Association Ed Bacani Senior Partner, J. H. Cohn & Company, CPA's Edwina Cisco President, League of Women Voters of Grossmont-Cajon Valley; Member, Board of League of Women Voters of San Diego County Joseph Conte Superintendent/President, Southwestern Community College District Ernest Ewin ~ecutive Vice President/Director, Bank of Southern California . Member, La Mesa City Council, 1985-1990 Rodolfo Fernandez .Managing Partner, Fernandez & Associates Alison Fleury Director of Financial and Business Affairs, Grossmont Hospital Mark Nelson Regional Governmental Affairs Manager, San Diego Gas and Electric; Former Executive Director, San Diego County Taxpayers Association Ray Peet Vice Admiral (Retired), U.S. Navy; Former Director, Defense Security Assistance Agency 4/ Sol Price Chairman Emeritus, The Price Company John Raymond President and Chief Executive Officer, Terraton Corporation Annistead Smith Senior Vice President/Advisor, Scripps Bank; Foreman, 1988-89 San Diego County Grand Jury Gwen Vau~hn-Copeland AsSIstant Vice President, First Nation 1 Bank James Williamson, Ph.D. Professor of Business Administration, San Diego 'State University -1- - COUNTY OF SAN DIEGO FINANCE REVIEW PANEL REPORT BACKGROUND For several years the County of San Diego has experienced increasingly severe fiscal problems requiring an annual reduction in service level to its citizens in order to develop a balanced budget. These problems have reached a level of severity that might be characterized as a prelude to fiscal collapse. San Diego County is not alone in this predicament. Counties across the State are being required to confront an increased demand for services with an inadequate level of revenue. Although fourteen years have passed since its approval by the voters, Proposition 13 continues to inflict chaos on counties' ability to meet local needs with their most important locally generated revenue, the propertyttax. This has resulted in increased dependency on the State whose own fiscal problems intensify the counties' dilemma. . To address San Diego County's immediate and long-term financial problems from an objective and fresh approach, the Board of Supervisors appointed a panel representing all geographic areas of the County, with expertise in the areas of finance, budgeting, and the local and external economies. On January 7, 1992, the Board of Supervisors approved the establishment of a Finance Review Panel to advise the County on its fiscal condition and practices. The charge to the Panel was a broad one: review the current fiscal practices of the County and the fiscal outlook of the region and make recommendations to help guide the COltIlty with respect to its budgeting, financial and management practices. A 15 member panel was approved on February 11, 1992. PANEL ORGANIZATION AND OVERVIEW OF PROCESS The Finance Review Panel had its first meeting on February 27, 1992. The Panel received briefings from the Chief Administrative Officer (CAO) and other County elected and appointed officials which highlighted significant concerns and issues. These served as a basis for the Panel's selection of areas where its analysis would be most helpful to th County. -2- Recommendations * That the Board of Supervisors direct the CAO to develop a separate policy budget which should contain the following elements: Mission Statement. Executive Summary--overview of political and fiscal pressures. Policy Statement--the CAO's recommended goals and his statement of policy priorities. Objectives--these are tactical and would relate to the manner of accomplishment of the goals. .; Financial Projections--a summary of operational and capital impacts. * There should be quarterly reports on the achievement of objec- tives. * Deemphasize consideration of Net County Cost In budget decision making. * Vigorously pursue all avenues - legal, legislative and symbolic- to ensure mandated progra;ns provided by the County of San Diego are funded equitably. The County should even more forcefully oppose the implementation of mandated programs not adequately funded. -5- ., - MANAGEMENT OF HUMAN RESOURCES Ernest Ewin, Joseph Conte, and Ed Bacani reviewed this area. The charge was to address the following primary issues: * Downsizing County Government * Management and Supervision * Unfunded Liabilities Based on the subcommittee's recommendations, the Panel recognized that these issues could not be addressed solely within the confines and scope of San Diego County Government. This is because many issues, benefits and legislation have been secured by other public entities which in themselves directly affect the County. - The PaIlel further noted the current reduction in the County's work force and the coming year's budget requirements for salary freezes. This downsizing is being accompanied by an extensive, in-house organizational review to identify new efficiencies in staffing ratios, analyze the current administrative structure, determine how work is assigned, and consider streamlining of the accounting, personnel, fiscal systems and budgetary functions. The County's policy and commitment to determine the most cost-effective ways to provide services - outside contracting or in-house delivery systems - were reviewed. This raised the question of how much duplication may be occurring among the COUlity, local cities llndagencies in such areas as law enforcement and fire protection, gardening, maintenance. Unfunded liabilities in the areas of sick leave, accrued vacation, public liability claims and workers' compensation were reviewed in light of disclosures required by the General Accounting Standards Board. This complex matter requires further analysis as indicated in the section - "Areas for Further Study" on page 15 of this report. - -6- Findin~s * The County is currently reducing the work force in several departments and the new budget will c~ll for salary freezes along with other drastic measures. It was noted that there is an extensive organizational review currently underway to identify new efficiencies in staffing ratios. The review has the following goals: Analysis of the current administrative structure within the County, including an analysis of administrative/line staff ratios, supervisorial ratios and administrative functions. An ongoing analysis of how work is assigned at all levels of the organization. Consideration will be given to restructuring of classes of employees to ensure that the positions continue to be utilized in the most cost-effective manner. Consideration of streamlining the accounting, personnel, fiscal systems and budgetary functions. * There are indications of upward racheting of local public salaries due to competitive salary comparisons among governmental jurisdictions in the region. * Insufficient attention is beirm given to the potential of privatiza- tion. * In times of significant reduction in force, strict adherence to "last-in/first-out" may be counter-productive and might in fact require termination of the most contributing, efficient and valuable employees. * The present County Government structure contains the Courts, the Marshal, an elected Board of Supervisors, plus five other elected officials. This structure consistently results in a fragmr P.ted line of L~ral responsibility. -7- - Recommendations .- * That the results of the current in-house organizational review be subject to independent review and validation before its implementation. * Curtail the "upward racheting" of local public salaries by estab- lishing a regional advisory body on compensation analysis. This regional body should include representatives of the County and City of San Diego, the Community Colleges, the City Schools, and all cities with over 500 employees. * That there be a continuing and broad evaluation of privatiza- tion potential. * \ To provide for a continuous flow of new ideas and "state-of-the- art" skill levels, the "last-injfirst-out" layoff procedure should be reevaluated and renegotiated whenever possible. * To foster clear fiscal accountability, we recommended that future government restructuring mandate that all operations of the County, including those of elected officials, should be under the fiscal control of the Chief Administrative Officer and, ultimately, the Board of Supervisors. To the extent that statutory limits to such Board of Supervisors controls remain, then those operations should not be funded with general purpose revenues. ! ,~ -8- ROLE OF CITIZEN ADVISORY BOARDS The Panel acted as a "committee as a whole" to review the County "Report on Alignment of Advisory Groups with . Current County Departmental Structural Organization" and the "Report on Realignment of Advisory Groups", both of March 3, 1992. The Panel's interest was in the number of Advisory Groups, the process for determining an advisory body's continued existence, and the fiscal impact of the Advisory Groups on the County. Findin2s . " * There are almost 140 Advisory Groups and the overall fiscal impact on the County, estimated at $450,000 direct costs and $900,000 staff costs, is a substantial reason for the realignment recommended by the CAO in his report of March 3, 1992. * Many Advisory Groups, at one time appropriate and beneficial, continue in existence after their need and/or validity has passed. Recommendations * That the Board of Supervisors approve and/or ratify all of the recommendations included in the CAO's report of March 3, 1992. * That the Board of Supervisors enforce the provision of Board of Supervisors Policy A-7; that requires that each group be subject to a "sunset" provision no less often than every two years to determine the need for the group's continued existence, in light of competing program and service needs. -9- - STRUCTURE OF COUN1Y GOVERNMENT Sol Price, Ray Peet and John Raymond reviewed this area. The charge was to review the County's resources and responsibilities in the context of government structure and the County's interrelationships with other agencies, at both the local level and with the State. The Panel reviewed several service areas where the County interfaced with other cities, special districts or SANDAG and highlighted the impact of other agencies' actions on the County's ability to provide services. As just one example, placing more police officers on the street by the cities results in increased County cost to provide mandated law enforcement related services, the District Attorney, Indigent Defense, Sheriff, the courts and the jails. Services, were also identified which are of regional concern but over the years have in\rolved the County, cities and special districts. Examples are disposition of solid waste, air pollution control, redevelopment, crime analysis and laboratory, water, sanitation and transportation. The panel concluded that there was an underlying question of which governments and/or agencies should provide which services, and who should pay. .,"""-" Finally, the Panel reviewed the County-State relationship in the areas of trial court funding, underfunded State mandates and the distribution of resources and responsibilities. The Panel could only conclude that the institutional structure of government required major adjustment to accommodate the dramatic changes in government financing resulting from the passage of Proposition 13 in 1978. t Findin~s The Panel review concluded that, given that the County's ability to raise revenue has diminished as demand for services has increased, the issues raised require further in-depth study. The types of problems we have observed include the following: 1). revenues are not keeping pace with service demands; 2). state mandated programs (without adequate funding) overburden local government resources; 3). competition between government entities for power and money wastes governmental resources; 4). overlapping jurisdictions in many service areas produce ineffective and inefficient programs; 5). lack of authority for regional decision making leads to procrastin:-tion and interagency conflict; and 6). complexity of governmental responsibilities contributes to frustrated and uninvolved citizens. ,,~ -10- The issues developed during the review are of such magnitude or complexity so as to preclude a finding per se because they require extensive further review through the process described in the recommendations that follow. Therefore, the issues, expressed in the form of questions to be addressed in a subsequent in-depth analysis, are as follows: , * * Is there a necessity and/or benefit to have the State, the County, 18 cities, the Unified Port District, over 200 other special districts, and SANDAG providing governmental services, some duplicating, some conflicting, some overlapping and all impacting? * Is the County providing services that should be performed and paid for by other agencies? ( * Could some of the services being performed by cities or special districts be better performed by a regional authority? Have the problems reached such a complex state, and financial resources become so limited, that "fine tuning" is no longer a viable solution? Recommendations * That the Board of Supervisors endorse the creation of a Statewide Blue Ribbon Commission to study the issues reflected by the foregoing questions and to make recommendations for more appropriate and effictent ways to deliver public services. * That the Board of Supervisors endorse the creation of a San Diego Blue Ribbon Commission to interact with the Statewide Commission, so that the unique problems of the San Diego region will be fully represented and advocated. Each commission should be composed of 15 to 25 members (fewer in San Diego than Statewide). The Commissions' members should be drawn from a wide range of business, civic, labor, legal, eriu~ational and other leaders. The Commissions should attempt to reflect the demographic, racial, cultural, ethnic, geographic, economic and gender diversity of the state and the region. Members would be chosen for their integrity, -11- I' - objectivity, reputation for public service, commitment to long- term state and local public goals and ties to other organizations which could ultimately be encouraged to support the reform process. The Commissions should be politically bipartisan, with their members approximately balanced between the different political parties. Although the Commissions should consult actively with elected officials at all levels, their membership should not include currently elected or appointed public officials. Instead, some of their members should be former elected officials with relevant experience but no current commitment to any particular solutions. Commission staffs would interview public officials, academics, city and county associations and other experts around the state, compare experiences between counties, investigate problems and solutions in other states and develop an agenda for reform. Once the Commissions' recommendations are formed, they should be debated publicly in San Diego and elsewhere throughout the state. The Commissions' studies and recommendations would be available to the Governor, the Legislature and other state officials, along with a specific plan, process and mechanism for adoption and implementation. Both Commissions would gather, analyze and periodically disseminate information and reports on the counties' budgeting constraints and the structural probleIIl!S inherent in the relationship of counties to other governmental entities. - The Commissions should not become involved in political policy matters such as which services should be reduced or eliminated, or whether taxes should be increased - rather, the emphasis should be on structure - who is best able to deliver the services efficiently, and economically with due regard to local control and the tying of delivery to funding. Me:-'1 bers of the Finance Review Panel are available to assist in devei~ping a process to establish the Commissions and in identifying appropriate financing support for such commissions. ~< -12- AREAS FOR FURTHER STUDY In addition to the above areas, several others, although acknowledged to be of comparable significance, were deemed to be only able to be surfaced and identified by the Panel. It is strongly urged that these issues be assigned to an appropriate body for comparable study, analysis and recommendations. 1hey are listed in no particular order of priority with each being perceived by the Panel as having critical impact. " * Deferred Maintenance reflects the cost associated with the deferral of capital renewal required to replace systems and components of a capital asset. Capital renewal is necessary to maintain facilities in good operating condition over their estimated life. Appropriate annual capital renewal costs are often estimated at 1.5 percent of total capital asset value. Too often, the County has deferred required maintenance in order to provide resources for other programs and services. Normally, deferral of annual program or service expenditures do, in fact, provide "savings" to the extent of the amount deferred. Not so with deferred maintenance! $1,000 of deferred maintenance required for a building or equipment in most instances will mean that following years will result in geometrically higher needs, (e.g., $1,000 of parking lot surface repair will, if not done currently, require $5,000 of pavement repair next year and quite possibly $25,000 of total rehabilitation the next). Such a budget manageme.pt strategy, while "understandable" during this period of fiscal :'constriction, is a ticking time bomb which must explode sooner rather than later. We are borrowing dollars from tomorrow to provide pennies for today. This imprudent exposure must be reviewed and quantified and appropriate Policy and Practices adopted. * Investment in Information Technolo~. In February 1990, the Board of Supervisors adopted Policy A-Ill, "Computer and Telecommunications-Based Information Systems," which sets forth a Countywide approach to the planning, acquisition, implementatic..... integration, 'ud management of computer and telecommunications-based solutions for County government. -13- The policy provides for annual and multi-year strategic business automation plans that, when consolidated, provide a cohesive representation of both departmental and Countywide technology directions and plans. Such planning is essential to the effective and sustained application of information technology due to the rapid rate of change within both the County and the information technology industry. ~ ... The importance of information technology can be summed up in one word - "critical." The County, like the private sector, has applied computing and telecommunications technologies to enhance operational efficiency and improve service delivery. To this end, the County has been successful with actions taken to date in functions such as Accounting and Finance, Social Services, Courts, Probation, Recorder, Revenue and Recovery, and District Attorney. The County must continue to look towards technology as an alternative to labor intensive support functions. The investments to date have demonstrated significant returns in increased effectiveness of staff ane) the continued ability of County government to provide services in a time of severe fiscal resource constraints. In times of severe financial constraints, it is difficult for the County to make an investment in information technologies despite the clear payback in cost savings and cost containment. The County must continue to support its existing investment in computer and telecommunications technologies and their supporting infrastructure, ),Vhich are critical to all County functions and services. Sustained capital investment is necessary to support workload growth and continued expansion of technology-based solutions. The clear use and exploitation of information technology must be a key strategy adopted by the County to ensure the most effective use of taxpayer dollars in providing needed and expanded public services. -14- * Unfunded Liabilities - Ongoing pronouncements by the General Accounting Standards Board will require increased public disclosure of unfunded liabilities. These include, but are not limited to, sick leave, accrued vacation, public liability claims, and workers' compensation. From a review of the budget and other documents, we noted simply that contingent liabilities for the County (Le., those likely' to be paid) total $131 million. There are additional liabilities pending judicial review or action totalling $83 million. The impact of these obligations, real and contingent, on the County's financial statement must be definitively quantified, and appropriate policies must be developed to successfully address them. The County should develop a Request For Proposal to acquire actuarial expertise to analyze the current and potential liability exposures. The assessment of all such exposure should then lead to alternatives to fund these obligations over a reasonable (Le., 30 year) period. The County should expand its capacity for total risk management. * Human Resource Issue - The Civil Service System was implemented before Labor Unions acquired the presence they have today in the public sector. The continued applicability of Civil Service Systems in today's government environment should be analyzed with a view toward simplification, enhanced management accountabili~, and reduction of redundant staff devoted to procedures which have become outdated. Therefore, it is recommended that the applicability of the existing Civil Service System be reviewed in light of the imperatives of the Meyers-Milias-Brown Act and increased labor union activity. SMYnI-J - FINFINAL.RP2 -15-