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HomeMy WebLinkAboutcc min 1995/06/06 e e e MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, June 6, 1995 4:18p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot (arrived at 4:42 p.m.), Rindone, and Mayor Horton ABSENT: Council member Padilla ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk MSC (Horton/Moot) to excuse Councilmember Padilla's absence. Approved 4-0-1 with Padilla absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER May 16, 1995 and May 16, 1995 (Joint Meeting of the Redevelopment Agency/City Council), May 23, 1995, and May 30, 1995 MSC (Rindone/Alevy) to approve the minutes of May 16, 1995, May 16, 1995 (Joint Meeting of the Redevelopment Agency/City Council), May 23, 1995, and May 30, 1995 as presented. Approved 4-0-1 with Padilla absent. 3. APPROVAL OF MINUTES: 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Maria Fernanda Comas - Youth Conunission; and Frances S. Larson - International Friendship Commission. The Oath of Office was administered by City Clerk Authelet to Frances S. Larson. b. Proclamation commending Kenneth G. Lee, Assistant Planning Director, for 35 years of dedicated service to the City. Mayor Pro Tern Rindone presented the proclamation to Mr. Lee. c. "Let's Help Mother Earth Keep Her Cool." A presentation was made of policy recommendations on reducing global warming by Chula Vista Elementary School students. d. Recognition of Chula Vista Firefighters - The following firefighters and dispatchers were recognized; Jay Harrold, Battalion Chief; Joe Nollet, Captain; Mike Berthiaume, Captain; John Mclintock, Captain; Bob Wright, Engineer; Jim Garcia, Engineer; Rich Campbell, Engineer; Greg Sedlacek, Firefighter; Tom Reimer, Firefighter; Rich Eagan, Firefighter; Jeff Piraino, Firefighter; Seth Pidgeon, Fire Explorer; J. Harris, Fire Explorers; Tina Jones, Lead Communications Operator; and Martha Coulson, Lead Communications Operator. e. Len Moore, Chamber liaison, presented the -Adoption-papers signed by the City and the Chamber of Commerce for the Chula Vista Volunteer Patrol to the Chula Vista Police Department. CONSENT CALENDAR (Item pulled: 7) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilla absent and Rindone abstaining on Items 9 and 10. Minutes June 6, 1995 Page 2 ~ 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of the deliberations that occurred in Closed Session of 5/23/95, the City Council authorized partial settlement of the Ham, et aI claims. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. 6. RESOLUTION 17913 AUTHORIZING EXECUTION OF A TWO PARTY AGREEMENT WITH SKIDMORE ENVIRONMENTAL PLANNING RELATED TO ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED VETERAN'S HOME AND APPROPRIATING FUNDS IN CONNECTION THEREWITH - Implementation of the proposed Veteran's Home requires environmental review and documentation pursuant to the California Environmental Quality Act and the National Environmental Policy Act. Preparation of the necessary documents requires the services of a consultant due to limited staff resources. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. 7. RESOLUTION 17914 AUTHORIZING EXECUTION OF THREE SEPARATE TIIREE PARTY AGREEMENTS AMONG THE CITY OF CHULA VISTA, MCA CONCERTS, INC. AND THE FOLLOWING CONSULTANTS: TETRA-TECH, INC.; BRW, INC.; AND PACIFIC SOUTHWEST BIOLOGICAL SERVICES, INC., RELATED TO ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED MCA AMPHITHEATER PROJECT - In response to a development application filed by MCA Concerts, Inc. to develop a 20,000 seat amphitheater located within the Otay Rio Business Park, staff has determined an Environmental Impact Report is required. The services of consultants are required to prepare the necessary documents. Staff recommends approval of the resolution. (Director of Community Development) Pulled ~ from the Consent Calendar. Councilmember Alevy noted the report stated there was no fiscal impact on the City. He questioned if it constituted a promise or intent on the City's part regarding the project. Chris Salomone, Director of Community Development, replied that it was the environmental review to gather information from an unbiased third party. It would be paid for by the applicant and had no expression of commitment on behalf of the City. The project would be brought back to Council at a later date for consideration. Staff was aware that the Poway project was on a time frame that would take it to their City Council in mid-July. Chula Vista's project would be before Council in mid-August for certification of the EIR. Staff was being assured by the applicant, i.e. the MCA project, that the Poway project had a number of obstacles to overcome, political opposition, and financial difficulties. Staff felt they were in a very competitive pace with Poway. The Neaderlander proposal was being handled by the Port District and they were almost ready to submit their environmental package. Once that information was received the Port would analyze what remained to be done to complete an environmental review and then create a schedule. Because they had not received an application from Neaderlander staff was unaware of the exact status. Councilmember Alevy questioned if the Neaderlander site was on Chula Vista land or Port land. Mr. Salomone responded that it was on Port land. Councilmember Alevy stated that rather than building strictly an outdoor amphitheater for concerts he wanted staff to pursue a mixed use performing arts center. Councilmember Rindone questioned the cost of the EIR. Joe Monaco, Environmental Projects Manager, replied that the cost of the EIR was approximately $45,000, the traffic study was approximately $50,000, and the biological studies were approximately $5,000. The total sum deposited by the applicant for payment of services was approximately $100,000. ......., e e e Minutes June 6, 1995 Page 3 Councilmember Rindone stated that was good information. He was unhappy when the fiscal impact statement stated 'all consultant fees would be paid by the project applicant'. He understood that it was not utilizing City funds, but the costs should be delineated. He had asked for that information numerous times and he hoped that would not occur again in the future. Mr. Goss stated his office would send a memo to staff regarding Councilmember Rindone's concerns. He agreed that the fiscal impact was incomplete. RESOLUTION 17914 OFFERED BY COUNCILMEMBER RlNDONE, reading of the text was waived, passed and approved 4-0-1 with Padilla absent, 8. RESOLUTION 17915 AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NUMBER PE-341 FOR SHELL OIL FOR GAS STATION AT 501 TELEGRAPH CANYON ROAD Shell Oil Company has applied for an encroachment permit to maintain two yard lights and one monument-type sign. Shell has recently dedicated the area in which the facilities are located for street right-of-way. Staff recommends approval of the resolution. (Director of Public Works) 9. RESOLUTION 17916 AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS SERVING NON-SINGLE F AMIL Y RESIDENTIAL PROPERTIES WITHIN THE FOURTH A VENUE UTILITY UNDERGROUNDING DISTRICT NUMBER 122 BETWEEN STATE HIGHWAY 54 AND "E" STREET- On 12/15/92, Council approved amending Policy Number 585-01 by expanding the use of SDG&E utility funds to reimburse all properties for the cost of undergrounding of private service laterals. The amendment was applicable to all future districts and to all the utility undergrounding districts formed in 1992. Prior to the amendment, the Policy allowed reimbursement to single family residential properties only. Staff recommends approval of the resolution. (Director of Public Works) Councilmember Rindone stated he would abstain from voting on the item due to the location of his property to the district. 10. REPORT APPLICATIONS OF THE CHULA VISTA PUBLIC LIBRARY FOR: (A) CALIFORNIA STATE LffiRARY - CALIFORNIA LffiRARY SERVICES ACT FAMILIES FOR LITERACY GRANT FOR FISCAL YEAR 1995/96; AND (B) CALIFORNIA DEPARTMENT OF EDUCATION, ADULT BASIC EDUCATION, SECTION 321 FUNDING FOR FISCAL YEAR 1995/96 - The Public Library has applied to the California State Library for $23,000 in Families for Literacv grant funds for fiscal year 1995/96 to continue the Family Reading Program. The Library has also applied to the California Department of Education for $5,840 in funding for fiscal year 1995/96 to improve the quality and responsiveness of programs which enable adults to acquire basic literacy skills. Staff recommends Council accept the report and ratify the applications. (Library Director) Councilmember Rindone slated he would abstain from voting on the item in order to avoid a conflict of interest due to the partnership with the Parent Education Program at the Sweetwater Union High School District. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. Minutes June 6, 1995 Page 4 --- ORAL COMMUNICATIONS · Michael V. Miller, 276 Fourth Avenue, Chula Vista, Ca, representing the Chula Vista Police Officers Association, stated their contract expired on 7/6/95 and on 2/14/95 they had notified management of their intent to develop a new MOU with the City to replace the expiring contract. They had not been successful in getting the City to begin the process of negotiations. Therefore, they felt it was time for them to come forward and express their concerns and elicit support from Council in order to begin negotiations. · Billy Cox, 49 Third Avenue, Chula Vista, CA, President of the Chula Vista Police Officers Association, stated their members were frustrated, upset, and disillusioned because they were three weeks away from the expiration of their contract and the City had not begun negotiations. The process need to be started and in the future it needed to be started in a more timely fashion. Mr. Goss stated the negotiations were important from the point of view of management as well as Council and the public. He felt it was time to proceed and staff was attempting to set up the first meeting. If negotiations did go past July 1st, staff would recommend that any matters agreed to regarding substantive increases in salary or fringe benefits would be made effective the first of the year. Hopefully, that would not happen. Mayor Horton hoped that negotiations would be held in a more timely manner in the future. · Diana Z. Ross, 152 Garrett Avenue #22, Chula Vista, CA, representing the Chula Vista Recreation staff, stated they were opposed to the proposed wage cuts for part-time personnel in the Parks & Recreation Department and the proposed fee for use of the playgrounds and recreation facilities. She felt the services they offered were comparable to the services offered by many of the social service agencies. ****** Council met in Closed Session at 6:23 p.m. to discuss: 1) Labor Negotiations; 2) solid waste issues; and 3) Metro Sewer billing. Council reconvened at 7:03 p.m. --- ****** BOARD AND COMMISSION RECOMMENDATIONS 11. ORDINANCE 2630 AMENDING SECTION2.28.110 OF THE MUNICIPAL CODE RELATING TO APPOINTMENT OF MEMBERS TO THE BOARD OF ETIDCS (first readin!!) - The Board of Ethics is proposing a revision to the current Code of Ethics which is presented for Council's review. The purpose of the revision is to allow for an alternative appointment process should the Presiding Judge of the South Bay Municipal Court Judicial District fail or decline to make an appointment. It is recommended that Council place the ordinance on first reading. (Board of Ethics) Continued from the meeting of 5/23/95. Mr. Boogaard stated the Board of Ethics and the City Attorney were recommending Ordinance 2630 take the form of Exhibit B. Exhibit A fulfilled the Council's directive at their last meeting. Exhibit B took into consideration that the list of retired judges alternative would not be pursued if it would cost the City money. It would not subject the existing members of the Board to the interview process for reappointments and if there was more than one vacancy the number of required interviews would be increased by each additional vacancy. If there were fewer than five applicants for a position the requirement would be to only conduct as many interviews as possible. Councilmember Rindone referred to Provision 1, "without charge to the City" and questioned if there was an alternative if there was a charge. Mr. Boogaard replied that in Exhibit B there was an alternative that if there was a charge then the Council on a 4/5th's vote would have the right to appoint, after conducting interviews. It was a recommendation and the Council had the right to overrule it. ......., e e e Minutes June 6, 1995 Page 5 Councilmember Rindone stated a retired judge was the second option and as a third option, a retired judge with compensation. Mr. Boogaard stated that could be an option but it was not recommended because the condition of the City's financial picture and also because it was only a recommendation that the Council could ignore. Councilmember Rindone felt that was better than the Council being involved because the Council should stay out of the appointment process 100%. Mr. Boogaard stated the Council had to do the appointment and the judge/retired judge only made recommendations. Councilmember Alevy stated if there was an option that a retired judge could accept compensation he felt once it had been done it would be establishing a precedent. Therefore, he felt compensation should not be included. Councilmember Rindone stated it may not be as large a problem as imagined because Council was not limited to a field of judges from just the South Bay courts, they could utilize retired judges throughout the county. MSC (Rindone/ Alevy) to place Ordinance 2630 (Exhibit B) on first reading, passed and approved 4-0-1 with Padilla absent. 12. REPORT ORGANIZATIONAL RESTRUCTURING OF THE INTERNATIONAL FRIENDSHIP COMMISSION (IFe) - The IFC currently operates as a City commission and is requesting that Council consider restructuring the IFC as a non-profit corporation. The IFC recommends that Council accept the report and refer to staff. (International Friendship Commission) . Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA, Chair, International Friendship Commission, stated the IFC did not have a strong feeling on how it would be set up, but wanted assistance of staff. She did not feel they wanted to make the IFC itself an non-profit corporation but to allow the IFC, working with the City, to assist in tbe formation of a non-profit corporation that would work with the IFC. How the three entities would work was why they were asking for assistance from staff. She strongly recommended the formation of a non-profit in order to obtain grants, donations, etc. and to get volunteers involved. If approved by Council the IFC would request the City Manager appoint the City Attorney to assist in the formation of the non-profit corporation. Me. Boogaard stated he was concerned that there was a trend to move the board/commission structure to a non- profit corporation entity structure. In his opinion it was disadvantageous from a governmental perspective because the City would lose its authority to control basic policy making decisions. From a need perspective the City qualified as a tax-exempt charity so the donations to the City could be tax deductible to the contributor. The City would lose the spending authority over money raised. Formation of a non-profit entity would give the board of directors authority as to timing of the monies. Staff would also have a bifurcated sense of loyalty if there was a difference of opinion between the City and the non-profit entity. It was strictly a philosophical difference of opinion of government. He requested that Council express as a policy of the City that they did not want to allow the proliferation of non-profits and wanted to keep the control the board/commission structure currently had. Ms. Ramirez stated one of the reasons they discussed non-profit status was that International Sister Cities was in favor of using the non-profit set-up because it worked very effectively. It was her understanding that both El Cajon and San Diego operated as non-profits. The reality was that the IFC needed funds and they were extremely limited in what they could do when visiting dignitaries were in Chula Vista. They were not going to get the volunteers or donations as long as the IFC was part of the City. They had tried in the past and it was not going to happen. The IFC would still function in the same capacity with the Council, the non-profit would work through the IFC, and the IFC and Council would perform the official functions. The IFC would not be able to put on a festival as suggested by Council due to budgetary constraints and lack of personnel but a non-profit may be ahle to do that. Minutes June 6, 1995 Page 6 .-... Councilmember Rindone stated the need for fund raising was understood and supported by Council but noted that the members of the IFC did not need Council's approval to form a non-profit organization. He felt it would benefit the City directly and indirectly. Ms. Ramirez stated that was her recommendation. The IFC preferred that the City know what they were doing and give staff assistance in setting up the non-profit entity. Councilmember Moot felt it was an excellent idea and was a good way to solve the problem. Some of the concerns expressed by the City Attorney could be controlled through the by-laws. MS (HortonlRindone) to accept the report and refer the issue to staff for reconunendations back to Council. Mr. Boogaard stated if that was the consensus of the Council it would help if Council would give direction to staff to work with the IFC to form a non-profit organization. Mayor Horton stated she wanted to see the staff recommendations. VOTE ON MOTION: approved 4-0-1 with Padilla absent. ****** Council met in Closed Session at 7:33 p.m. to discuss Labor Negotiations and reconvened at 7:49 p.m. ****** 13. REPORT NAMING OF THE GALLERY SPACE AT THE SOUTH CHULA VISTA LIBRARY - The Library Board of Trustees and the Friends of the Chula Vista Library are requesting that the gallery space at the South Chula Vista Library be named for Rosemary Lane, former Library Director. (Library Board of Trustees and Friends of the Chula Vista Library) -.... · Peggy Donovan, 243 East James Street, Chula Vista, CA, representing the Library Board of Trustees, stated it was the consensus of the Board that the gallery at the South Chula Vista Library be named to honor Rosemary Lane, former Library Director. Mrs. Lane set the wheels in motion for the EastLake Public Library and the South Chula Vista Library. Due to her progressive vision the South Chula Vista Library was an exciting, inviting, and creative island. MSC (RindonelHorton) to accept the recommendation of the Library Board of Trustees and name the gallery at the South ChuIa Vista Library after Rosemary Lane, former Library Director. Approved 4-0-1 with Padilla absent, ACTION ITEMS 14.A. RESOLUTION 17917 INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (Administration) B. ORDINANCE 2632 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Un!encv and first readimll Mr. Goss clarified that the item was negotiated per the guidelines provided to staff and should be made clear that what was before Council was an initial step that would be part of the implementation of the tentative agreement that had been reached with the negotiating teams, i.e. Western Council of Engineers (WCE) and Chula Vista Employees Association (CVEA). It had been agreed upon by the negotiating committee and they still needed to go to their -... e e e Minutes June 6, 1995 Page 7 membership to get final ratification of the terms of the MOU that had been negotiated. 1f that did not occur staff would return with a recommendation that the second step not proceed. Normally, staff would not bring the item to Council until the ratification vote had occurred, but since there was a very tight timetable in order to implement one of the major components of the MOU's it was being provided to Council. He assured Council that if there was no ratification, any action taken by Council would not bind the City because there was subsequent action required under the law to modify the change in the retirement system. Mayor Horton requested clarification of the 4!5th's vote requirement. Mr. Boogaard replied that an ordinance normally had a first reading, introduction, and then the Council had to wait at least 5 days, but the City waited 7 days until the next regular meeting for the second reading and adoption. Before that ordinance could become effective there was a 30 day referendum period. 1f during that time a referendum petition was filed it would suspend the effectiveness of the ordinance. An Urgency ordinance, upon a finding of the Council that an urgency existed and received a 4!5th's vote, could be introduced and adopted at the same time or it could be introduced and adopted and then wait for the referendum period one week later. PERS state law provided a requirement that there be a 20 day notice period of intention to adopt an ordinance amending it's contract. That could be done by a resolution of intention or an alternative procedure of having a 20 day separation rather than the typical 5 day separation of introduction and adoption. Staff had presented a redundant method of achieving an ordinance before 6/30/95, i.e. either pass the resolution of intention on three votes or introduce and adopt the urgency ordinance on 4 votes and 4 votes 20 days later. As a third option, if Council did not fee] there were four votes and still wanted to pursue the issue, the item could be adjourned to tomorrow's meeting as unfinished business. Councilmember Moot questioned how Option A was different. Mr. Boogaard stated it was a Resolution of Intent which only required three votes. Option B, the Urgency Ordinance, required four votes. Councilmember Rindone questioned who prepared the fiscal impact statement included in the report. Candy Emerson, Finance Director, replied that it was prepared by a number of staff members, i.e. the costers for Western Council of Engineers, Chula Vista Employees Association, in conjunction with a member of the Finance Department, and the Budget Manager. Councilmember Rindone questioned if the City Manager was responsible for the fiscal impact. Mr. Goss replied that the staff that wrote it was responsible, but he was responsible for the overseeing for the overall report. Councilmember Rindone questioned if Mr. Goss concurred with the fiscal impact statement in the report. Mr. Goss stated it expressed it in terms of percentages instead of dollars. Talking about it in dollars would have been a more complete way of stating it. The other part that he had a little bit of problem with was that it stated "there was no associated cost with this benefit". That really tied in with other negotiations that needed to occur before that statement was accurate. Councilmember Rindone stated the item had been discussed in Closed Session and the report presented was not consistent with the cost abatements previously presented to Council. Therefore, he did not feel it was an accurate reflection of the potential costs. The Council deserved, at the very least, the full awareness of what those impacts were. He felt the fiscal impact statement should fully delineate the impact on the City beyond the four years if adopted. Mr. Goss stated because of the work furlough savings there would be no costs associated with the 2 % at 55 benefit over the term of the agreement. Minutes June 6, 1995 Page 8 --, Councilmember Rindone stated he had a question on information presented to Council in Closed Session and wanted to know if he could discuss it in open session. Mr. Boogaard replied that a Councilmember could not reveal a Closed Session discussion without the consent of the entire Council. Therefore. Council would have to discuss it in Closed Session. Mayor Horton stated she would trail the item until Hem 12 was heard. RESOLUTION 17917 OFFERED BY MAYOR HORTON, reading of the test was waived, passed and approved 3-1-1 with Rindone opposed and Padilla absent. ORDINANCE 2632 PLACED ON URGENCY AND FIRST READING, reading of the text was waived. Mr. Boogaard stated if the ordinance was amended to delete the urgency only three votes would be required. If Council wanted it to pass as an urgency item it would require four votes. If not passed as an urgency it would require a thirty day waiting period before becoming effective. Based on the last vote taken on the resolution he recommended that the ordinance be continued to W ednesda y nights meeting. SUBSTITUTE MOTION: (Horton/Alevy) to continue Ordinance 2632 to the meeting of 617/95, as part of an Adjourned Regular Meeting, unfinished business. Approved 4-0-1 with Padilla absent. 15. RESOLUTION 17899 APPROVING AGREEMENT WITH THE ACCOUNTING FIRM OF MORELAND & ASSOCIATES TO PROVIDE AUDITING SERVICES FOR FISCAL YEARS 1994/95, 1995/96, AND 1996/97, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL YEARS _ City Charter requires an annual independent audit. Request for Proposals were sent to 27 audit firms. Staff recommends approval of the resolution. (Director of Finance) Continued from the meeting of 5/23/95. - Robert Powell, Finance Director. stated the item had been continued due to a question regarding whether there was a requirement to fund the grant portion of the audit with CDBG funds. Staff had outlined the rationale in the staff report. Chris Salomone, Director of Community Development, stated the question was whether the funds could be utilized for social services or other programs if not utilized for the audit. As for social services, staff recommended the full 15 % of the grant up to the maximum allowed under the federal regulations so it would not impact that. Since the audit was specifically for the federal programs staff felt it was an appropriate expenditure. Councilmember Rindone questioned if Council decided to match the costs for the additional police officers if it came out of the 15%. Mr. Salomone replied that the $120,000 was part of the 15 % cap. If another source was found for the $120,000, or a portion of it, that would increase the amount for the social services. The $4,000 for the audit was from a different category, i.e. administration. Councilmember Rindone questioned if Council chose to take CnBG monies, other than social service monies, to match the police officers, if that would be legal. Mr. Salomone responded that without contacting HUD for an opinion it was his opinion that it would not be legal because it was a community service category. Councilmember Rindone felt that question needed to be answered in response to Councilmember Padilla's original concerns. -, e e e Minutes June 6, 1995 Page 9 Mr. Powell suggested that the item before Council was a contract approval and the question was focused on funding. He felt that question could be resolved during the budget process and that the contract could be approved. It was a funding issue and the resolution did not appropriate funds. Councilmember Rindone felt that was a reasonable compromise. RESOLUTION 17899 OFFERED BY COUNClLMEMBER RlNDONE, reading of the text was waived. Staff to return with an answer on the funding issue as soon as possible. Mayor Horton stated she had asked that specific question before last weeks meeting and was told that the City could "absolutely" not fund the COPS program through any other CDBG programs. Mr. Salomone replied that it was his strong opinion that the COPS program could not be funded from any other CDBG category other than social services. He would verify it. Mr. Goss stated if there was any different answer staff would bring the item back at the Wednesday meeting. VOTE ON RESOLUTION 17899: approved 4-0-1 with Padilla absent. 16. RESOLUTION 17918 APPROVING THE FISCAL YEAR 1995-1999 CONSOLIDATED PLAN INCLUDING BOTH THE FISCAL YEAR 1995-1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSIDP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF FISCAL YEAR 1995-1999 CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (BUD) - Council held a public hearing on 5/16/95 to review and receive public comment on the draft fiscal year 1995-1999 Consolidated Plan and to review all projects and programs being considered for CDBG and Home funding. Staff recommends approval of the resolution. (Director of Community Development) Councilmember Rindone stated he would abstain from participation in order to avoid the appearance of a conflict of interest due to the CDBG funding request by the Sweetwater Valley Union High School District. Mr. Goss informed Council that if they chose to restructure any part of the item the timing was such that the item could he continued for one week. One of the issues approved by Council last year was approximately $1.1 million for the Otay Park Gym which was proposed to be built on the Otay School grounds. Apparently, there was concern by the School District that the gym be built per FIELDDAC standards which was a higher level of construction standards. Therefore, the cost of the project would be higher. Another issue was the Neighborhood Revitalization Program in the Castle Park area. Staff reluctantly recommended the possibility of using a Section 108 loan which allowed the City to borrow from future block grant funds in order to accumulate more money in the coming year. In the past he had been reluctant to recommend that because it went from a "pay as you go" program to one of borrowing from the future. Even if the block grant program was cut out the money would still be obligated on the part of the federal government. That helped to avoid the risk of not having the funding to finish the Otay Park Gym and to do the neighborhood revitalization program. Concern had been expressed that some of the 15 % set aside for social services would be used for a local match for the federal money for the Crime Bill COPS. He was supportive of accomplishing that. He had received a copy of a letter which indicated that in FY 1996/97 2/3rd's of the block grant money for social services could be diverted and the following year all the funds could be diverted from social services. He wanted to make it clear that he had not considered any recommendations for the following fiscal years as each budget year had to be evaluated on its own. There was a possibility that there would be no block grant monies next year given the cut back nature and trying to balance the budget in Washington. He was not prepared to address or offer recommendations on what may happen in future fiscal years as he was uncertain as to what the circumstances would be at that time. Councilmember Alevy requested an update on pending federal legislation regarding CDBG funding. Minutes June 6, 1995 Page 10 Chris Salomone, Director of Community Development, replied that the funds under consideration by the Council were secure for the coming year. Future funding could be cut by as much as 20 % to 50 %. Staff did not have a positive forecast for the program. Staff would return with a recommendation within 60 days on the Section 108 loan for the Otay Gym and the Castle Park Neighborhood Revitalization. Staff tried to be as equitable as possible on the social service funding and utilized the criteria in the Community Plan. Staff recommended adoption of the Consolidated Plan. . Dr. Gail Edwards, 571 Third Avenue, Chula Vista, CA, representing the YMCA Family Stress Center, felt the staff recommendation to reduce funding for the social service programs was short sighted. They would lose one therapist, if funding was cut. Their primary service was child abuse treatment. Dr. Maria G. Williams, 5654 Prays, Bonita, CA, representing the YMCA Family Stress Center, stated they were the only agency that dealt exclusively with abused children. Raymond Fellers, 3101 Fourth Avenue, San Diego, CA, representing Lutheran Social Services, requested that Council look for other funding, other than the social service set aside, for the federal match for the Crime Bill COPS. Nancy Hitchcock, 654 Moss Street, Chula Vista, CA, representing Adult Protective Services/South Bay Adult Day Health Care Center, requested that Council use their best judgement in distributing the funds. They would survive with the 40% cut but there were some agencies that would not. Raymond Zambo, 1295 University Avenue, San Diego, CA, representing the ACCESS Center, stated they did not duplicate services in the Chula Vista area and also served Chula Vista residents with a satellite office in the Department of Rehab. He recommended that the ACCESS Center be involved with the AdHoc Committee regarding funding in order to represent the disabled community. Corina Roy spoke in support of the ACCESS Center. Dominick Lee, 1295 University Avenue, San Diego, CA, Manager of Resource Development, ACCESS Center, stated the staff recommendation for funding would allow them to keep the Chula Vista office open. Dan Marcus, 315 Fourth Avenue, Chula Vista, CA, representing South Bay Community Services, Boys & Girls Club, YMCA, and the unified groups of non-profit service agencies stated Council's adoption of the staff recommendation would directly cut services and approximately 7 Chula Vista residents would lose their jobs. A compromise needed to be reached where the police officers could be added without cutting services to the citizens. One solution would be to cut only $60,000 from the CDBG budget and take $60,000 from the City's reserve fund or find it in other parts of the City budget. South Bay Community Services volunteered one director level staff person to sit on an adhoc committee established by the Council to help look at budget cuts within the City in order to add police officers without cutting social seIVices. Maggie Helton, 162 Mankato Street, Chula Vista, CA, stated the social service program had been very successful. She felt the matching funds for the Crime Bill COPS should come from the City's reserve with 15 % set aside for social services. Funding for police officers should not come from funding that may not be there in the future. Council should look at the programs and who they serve. Socorro Diaz, Orland Court, Chula Vista, CA, representing YMCA Family Stress Center, was not present when called to the dais. Laura A. Mustari, 4715 Viewridge Avenue, San Diego, CA, representing YMCA Family Stress Center, was not present when called to the dais. Donald Hunter, 276 Fourth Avenue, Chula Vista, CA, representing the Police Activities League, supported the staff recommendation. Bobby Lopez, 442 Montgomery, Chula Vista, CA, representing Otay Golden Hands, stated if they were not funded they would not be able to continue their program. . . . . . . . . . . . . Mayor Horton questioned if their funding, i.e. $12,000, was through the Police Activities League. Mr. Lopez responded that was correct. """"" --- -, e e e Minutes June 6, 1995 Page 11 . Jim Waters, Albatross Street, San Diego, CA, representing the YMCA Family Stress Center, was not present when called to the dais. . Emerald Randolph, P.O. Box 17, Jamual, CA, representing the Chula Vista Human Services Council, stated she supported the Police Department and their need for additional officers. The other agencies providing services were also part of the safety net for the community. The grant stated that the first year the City would provide matching grants, the second year increasing matching grants, and the third year they would be fully funded by the City. She questioned how the City would fund the four officers at the end of the three year period. Mr. Goss stated it was his understanding that the local match would not progressively get greater/less in the next two years. The money provided was $75,OOO/officer over three years. As to where that match would come from would depend on the budget situation next year. He had not made any plans or developed any recommendations for next year. Ms. Randolph stated the grant stated "in addition, the amount of the federal grant must decrease each year looking towards the complete assumption of funding by the applicant following the completion of the COPS Ahead grant. The amount of this yearly decrease in the federal percentage and the reciprocal yearly increase in the local share should be proposed by the applicant. At the end of the grant period the applicant is wholly responsible for funding of officers hired under this grant" . Mr. Goss stated he was not certain which program Ms. Randolph was looking at but there were various COPS Ahead programs. It was his understanding that the program the City would be participating in would provide $25,OOO/year for each of the next three years and the City would have to make the local match for each of those three years. He felt each budget needed to be reviewed separately. . Kathy Lembo, 315 Fourth Avenue, Chula Vista, CA, representing South Bay Community Services, stated one.half of the social service monies were going to crime prevention. Mr. Goss stated the City currently faced a $4 million shortfall which put a lot of pressure on City functions and led to many very undesirable policy choices for the Council. Staff was recommending an overall expenditure reduction of $2.2 million and another $1.7 million in revenue enhancements. There was a net of 27 positions in the City organization that would be frozen or deleted. Other cities had been hit much harder and provided less money than the 15 % set aside for social services. The $240,000 available for social services/crime prevention was comparable to the eight year average. if looking at what had been granted for the current fiscal year and compared it to what was being recommended it did not appear that the cuts were as drastic. He felt there had been increased expectations from the applicants and the majority of the requests were higher. The number of grants had also grown from 24 in 1994/95 to 29 for 1995/96. Even though the City had reserves of over $7 million, the cash reserves were such that the budget could be funded with the cash on hand and if reduced any significant amount the City would have cash flow problems. Mayor Horton stated it was a difficult situation and Council would have to say "no" but it was a mailer of where the changes would be made. She had been a strong proponent for the youth programs in the community. if the programs for the youth were not funded she fell it would cost the City more in the future. She preferred to continue the item for one week as she wanted to further evaluate the recommendations. She was uncertain as to whether going into the reserves would be prudent and did not want to put the City into a position that could hurt them in the future. Mr. Salomone stated staff had contacted HUD and a one week continuance would keep the program on schedule. Councilmember Alevy stated it was a tough decision and he appreciated an opportunity to continue the item for further review. He questioned if there was a program that had only a small percentage of services in Chula Vista if the funds were specifically for activities in Chula Vista. Mr. Salomone replied that the funds were earmarked for services delivered to the citizens of Chula Vista. Minutes June 6, 1995 Page 12 ..-.. Councilmember Moot staled he would support a one week continuance. Councilmember Padilla had also expressed an interest in participating in the process and requested a one week continuance. He felt the City may be trying to do too much in terms of funding a bunch of different organizations. There were several overlaps by groups providing similar services and he questioned if their efforts could be combined to provide a more effective program. As an example there were three different organizations for child care services, i.e. Vista Square, South Bay YMCA, andChula Vista Connection; two different organizations for adult daycare, i.e. Alzheimers Family Centers and South Bay Adult Health Care; three different organizations for domestic violence, i.e. Project Safehouse, YWCA Domestic Intervention, and Family Stress Center. He felt the City was committed to funding the COPS program and, therefore, the organizations were being asked to take a 40 % reduction from what they thought they could get for the upcoming year. He felt a 40% reduction was a lot for any organization to sustain and be viable and remain productive. He did not feel any City agency was being asked to take that level of reduction in the proposed budget. He wanted to see if there was a way the percentage of reduction could be reduced for the organizations. Council should look for other options, i.e. funding for one of the police ofticers from a different source of funding, etc. Mayor Horton stated if comparing the amounts approved last year it would not be a 40 % reduction to the organizations. She also requested that the requests be number to be consistent with the notebook. Mr. Goss staled staff would return with a chart listing the funding received by each organization for FY 1994/95. Councilmember Alevy requested that the chart show the percentage of difference from the funding last year and the proposed funding. MSC (Alevy/Moot) to continue the item to the meeting of June 13, 1995. Approved 3-0-1-1 with Padilla absent and Rindone abstaining. ITEMS PULLED FROM THE CONSENT CALENDAR --". Item pulled: 7. The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORTISl a. Scheduling of meetings. No report given. b. Mr. Goss stated the formal dedication of the Olympic Training Center would be held on Saturday, 10:00 a.m., where the facility would be turned over to the U.S. Olympic Committee. 18. MAYOR'S REPORTlSl a. Ratification of appointment: James R. Robinson - Child Care Commission. MSC (Horton/ Alevy) to ratify the appointment of James R. Robinson to the Child Care Commission, approved 4-0-1 with Padilla absent. 19. COUNCIL COMMENTS Councilmember Moot a. Councilmember Moot questioned the status of the Bayfront project. He hoped staff could return in the very near future with a report. ~ Mr. Goss questioned if Council wanted a written report or verbal report. e e e Minutes June 6, 1995 Page 13 Councilmember Moot requested an agendized report so Council would have the opportunity to ask questions. Councilmember Rindone a. Councilmember Rindone hoped the staff report on the Bayfront could be agendized for the next Council meeting. b. Councilmember Rindone stated he had five major reasons for voting no on Item 14, 2 % at 55, and for those reasons he had voted no. He would share those reasons with anyone that inquired. ADIOURNMENT ADJOURNMENT AT 8:11 P.M. to a Special Worksession/Meeting on Wednesday, June 7, 1995 at 6:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on June 13, 1995 at 6:00 p.m. in the City Council Chambers. A Joint Special Meeting of the Redevelopment Agency/City Council convened at 8: 11 p.m. and adjourned at 8:30 p.m. ***** CLOSED SESSION Council met in Closed Session at 8:32 p.m., reconvened at 9:11 p.m., and adjourned at 9:12 p.m. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, POA, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), International Association of Fire Fighters (IAFF) , and Police Officer Association (POA). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk ~.. ". . (, \ '\ \ ' '-..) '" ~ \ ''\L })jL, ( Vicki C. Soderquist, CMC, ~~ ~\ uty City Clerk