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HomeMy WebLinkAboutcc min 1997/10/07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 7. 1997 4:18 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: C{luncil Chambers Public Services Building CALL TO ORDER Councihnembers: Moot. Padilia, Rindone. Salas. and Mayor Horton. CtRincillllenlbers: Nillie City Manager, John D. Goss: City Attorney, John M. Kaheny; and City Clerk, Beverly A. Authelct MSC (Padilla/Salas) to excuse Councihnember Rindnue's absence at the September 23, 1997 meeting; he was away on city business. Motion carried 3 0 0 2 (Mt~ot and Rindone abstaining). 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: Septemba 23, 1997. MSC (hdilla/Salas) to apprnve the September 23. 1997 minutes. Motion carried 4-0-1 (Rindone abstaining since he was not in attendance at the meeting). 4. SPECIAL ORDERS OF TIlE DAY: a. ComnrendinR the Chula Vista Literacy Team ou its Teulh Auuiversary. Mayor Horton presented a proclamation to David Palran, Library Director, and Meg Schofield. Literacy Team Coordinator b. Proclaiming the month of October as "Breast Cancer Awareness Month." Mayor Horton presented a proclamation to America Donatto of the American Cancer Society Breast Cancer Awareness Committee. c. Proclaiming the mouth of October 1997 as "Red Ribbon Month." Mayor Hortl>n presented a proclamation to Tris Hubbard, Chairman of the South Bay Red Ribbon Coalition. d. Prnclaiming the mnnth of October 1997 as "National Arts and Humanities Mouth." Mayor Horton presented a proclamation to Ric Todd. Cultural Arts Coordinator. e. Certificates of Appreciation were presented by Mayor Horton to the h>llowing representatives of organizations for their sponsorship of Music in the Park 1997: Pat Barnes, Government Representative San Diego Gas & Electric Norman Burpee, Presideot Bonita Artist Potpourri Bret Berritt, CEO Sharp Chula Vista Medical Center Kim Cadwell, Marketing Directol Ultrazone Constance Bryam, Prc~ject Director Gene Clements, President McMillin Company Chula Vista Art Guild Minutes October 7. 1997 Page 2 Grace Garcia, Branch Manager Bank of America Karen Goss, Directt>r of Community Development Pacific Bell Jibe Guerin, Editor The Star News Chuck Hanson, Vice President of Marketing Viejas Casino & Turf Club Robert Hart, Manager El Torito Restaurant Jndy Herbert. Assistant to the CEO Rohr, Inc. Liz Jackson, Project Director Pacific Bay Homes Michael Krichman Insite '97 International Art Exhibition Natasha Martinez The Eastlake Company Charles Moore Laidlaw Waste Systems, Inc. Carol RapIey, Manager The Ramada Inn. Chula Vista Catherine Sass San Diego Unified Port District, Bob Taylor, Vice President Community Development, Wells Fargo Foundation Jess Valenzuela, President Friends of Art Bill Virchis Cnltural Arts Commission Rich Zak. Manager Jakes South Bay CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read. texts waived, passed and approved 5-0. 5. WRITTEN COMMUNICATIONS: a. Letter frnm the Assistant City Attorney stating that to the best nf her knowledge frnm observance of actions taken in Closed Sessinn on 9/23/97 in which the Assistant City Attorney participated, that there were no actions taken which tire required under the Brown Act to be repnrted. The letter was received and filed. 6. ORDINANCE 2713 AIMENDING SECTION 2.66.040 OF THE MUNICIPAL CODE TO INCLUDE NORMAN PARK SENIOR CENTER IN THE DESIGNATED RECREATION FACILITIES WHICH ALLOW THE SERVING OF ALCOHOLIC BEVERAGES (second reading and adoption} - During the fiscal year 1996/97 bndget process, the Parks, Recreation and Open Space Department proposed to enhance revenue by renting Norman Park Senior Center on Saturday and Sunday evenings. The revenue projected was $8,500; actual revenue r~ccived was $183. The ordinance was placed on second reading and was adopted 5-0. (Director of Parks, Recreati~n and Open Space) 7. RESOLUTION 18787 APPOINTING STONE & YOUNGBERG AND MERRILL LYNCH AS THE UNDERWRITING TEAM TO MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 - On 8/12/97, Council directed the Finance Director to conduct a competitive process to select an Underwriter/s) to assist in structuring the transaction and to market the bonds fZ~r Assessment District 97-2. A Request ti~r Proposals was sent to thirteen underwriting firms, with seven responses received. Stone & Youngberg and Merrill Lynch proposed Minutes October 7, 1997 Page 3 as a team and are considered the best qualified to ectmomically and efficiently structure and market the bonds, The Resolution was approved 5 0. (Director of Finance) 8. RESOLUTION 18788 TAKING A POSITION TO SUPPORT THE FORMATION OF A COUNTY LIBRARY AUTHORITY FOR THE PURPOSE OF PLACING A QUARTER OF A CENT SALES TAX MEASURE ON THE BALLOT AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE ON SAID AUTIIORITY - On 10/7/97, the San Diego County Board of Supervisors scheduled to approve a resolution to create a County-wide Library Authority. This Authority will consider placing a 1/4 cent sales tax proposal on the 6/2/98 ballot. If placed on the ballot and approved, the tax would be in effect tbr five years, would be dedicated to library improvements only, and would provide Chula Vista with an estimated $15 - $19 million dollars. The resolution was approved 5-0. (Library Director) 9. RESOLUTION 18789 AMENDING THE FISCAL YEAR 1997/98 BUDGET TO APPROPRIATE $17,492 FOR THE MIDDLE SCHOOL PROGRAM FROM THE GENERAL FUND RESERVE; AND ADDING A 0.75 FULL-TIME EQUIVALENT (FTE) YOUTH COORDINATOR (UNCLASSIFIED) TO SUPERVISE THE PROGRAM; AND ADDING 0.48 FTE PART-TIME HOURLY RECREATION LEADER TO STAFF THE PROGRAM; AND TO APPROPRIATE $24,492 TO 100-1562 FROM UNANTICIPATED REVENUE OF $24,492 FROM SWEETWATER HIGH SCHOOL DISTRICT FOR THE MIDDLE SCHOOL PROGRAM - At the budget workshop on 6/2/97, Conncil heard the proposal ~i~r a Middle School Program from the Principal of the Chnla Vista Junior High School. A prnposal has been prepared i~r the City to ihnd the program, in cor~iunction with timds aheady approved by the Sweetwater Union High School District, to implement an after-school program at each of the ti~ur middle schools. (Director of Parks, Recreation and Open Space) 4/Sth~s vote required. City Manager Goss requested the item he clmtinued; it will clime hack when it is ready. Mayor Hortnn stated that she was recently approached by solneouc whose danghter was a part-time recreational employee who was participating in an after-school program. Ther~ were tdnes when no fine was there other than herself. She requested that stall come back with a report on this item telhng the Councd a little bit about the different programs at the different schools and how many children are participating. This is so the Clmncil can lidly understand how el'lbctive these programs are to make sure that our mon¢y is being well spent. W~ are all snpportive of these after-school programs, but we want to make sure they are successthl. Councilmember Salas stated she would like to explore better utilization nf the time and hours and idcntit~ which school needs the services the ~nost in order hi establish a five-day program in one of the middle schools. If you are going to provide it two days a week, you are nnt going t{~ establish any type of consistency m the children attending that. She would like to see if there was any data on which middle school had the highest need. She would rather see service five days a week consolidated in one schl~ol that has a gleater need. Councilmember Moot stated that in the bndget the Ctmncil approved the experimental program at one schnol. Hc was not sure how it got expanded to three schools and what the budget implications arc, Mr. Goss stated that was approved ti,r live days a week {in an cxpclimcntal basis. At the saine tithe thcxc was a request by the Council to cnme back to see what we could do to expand it to the other middle schools. This is a discnssion that we had with Sweetwater District, and we brought it back to sh{iw you h{~w It could be expanded. Councilmember Rindone added that the point regarding consistency was valid, but he was also equally concerned about the cost nf the programs. We will have to balance both ol these issues. An additi~lnal item lilr slaws analysis is the cost of a four-day-a-week program. We have had experience in the past that attendance is active Monday through Thursday and drops off on Friday because of weekend activities, and related community athletic programs. It ufight be a viable alternative to consider fl, mr-days since it will prt}vide consistency and will save 20 % of the cost. * * * ENI) OF CONSENT CALENIbtR * * * Minntes October 7, 1997 Page 4 ORAL COMMUNICATIONS · John R. Clingan, Director ill the Boys and Girls Club, 1301 Oleander, 91911, invited Council to a Celebration of Success Dinner which will be held on October 17. They were doing this to honor those who have made significant effort in snpporting the Club. It is sponsored by Cox Communications and Golden West Taco lnc. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None snbmitted. BOARD AND COMMISSION RECOMMENDATIONS None snbmitted. ACTION ITEMS 10. REPORT REGARDING A MEETING STIPEND FOR CHULA VISTA'S REPRESENTATIVE TO THE METRO WASTEWATER COMMISSION - On 8/22/97, the Metro Commission received a verbal report from staff recommending that elected Metro Commission representatives receive a stipend of $125 per meeting with each member eligible lbr payment tbr a maximum of two meetings per month, and the Chair eligible li3r a maximran of tbur meetings per month. The Metro Commission approved the per diem reimbursement effective 9/l/97 with the County of San Diego and the City of Chula Vista abstaining. Staff recommends that Council receive and cllnsider this report. (Assistant City Manager) Ciluncilmember Rindone stated that there arc other agencies anti groups where there are sUpends provided participation by elected officials to serve iin those boards which is beynnd the normal responsibilities. In all of those cases, the alternates were also elected officials. In this case, some of the alternates will be staff members. He would support what was betbre them, but he wanted It) amend it to be only applicable to elected officials. If we choose to have an alternate who is an elected official, then it would be applicable to the alternate. There should not be an additional stipend tier staff since these meetings would occar daring the day. Councilmember Moot asked that by receiving and accepting the report, we are not acting thvorably on the request to have the stipend. Sid Morris, Assistant City Manager. stated that the report does indicate that staff members are not eligible Ibr the stipend. He Ihrther stated that Council will actnally have to take an action to approve the stipend for the representative fi-om the City. Mayor Horton stated that the rest of the com~nission l~lt that this was appropriate and consistent with other similar type organizations. They have been having quite a f~w meetings. It was the will of the commission, so she just abstained instead of voting no, because she f~lt it had to come to the Council first. Councilmember Salas stated that when she read the report, she read that a meeting was defined as a subconnmttee meeting as well. Mr. Morris stated that it was fbl fimr meetings per month maximum ti~r the Chair and two meetings a month for the members. MS (Rindone/Horttm) tu support this, but ~r elected nfficials unly, and shnuld Chula Vista have an alternate, it would be applicable to both. Motion approved 4-1-0 (Moot voting no). Minutes October 7. 1997 Page 5 11. REPORT PCM-98-08; COUNCIL REFERRAL REGARDING CITY-WIDE TEMPORARY OUTSIDE SALES - CITY-INITIATED - On 9/9/97, Conncil was addressed under Oral Communications by representatives of the Chula Vista Walmart and a National City car dealership asking snpport ['~r their request to hold a temporary used car sales event in the Walmart parking lot. Stall recommends no acfion be taken and that the report be fil~d. (Acting Planning Director) Ken Lee, Acting Planning Director, stated that the staff report indicated that the Director of the Chamber of Conunerce had indicated snpport of lhe applicant's request. He wanted to claril~ that the Director did not ol2iect to the request, but that he was not necessarily in support of the request. Councihnember Salas stated it was her understanding that since the business was actnally located outside Chula Vista, and that we would not receive tim tax revenues I~r goods sold during these events within the City limits unless there was a special permit pulled, She was trying to determine the benefit to the City if we allowed this. Robert Powell, Finance Director, responded that he did uot believe this was a cllmplicated process. It was a matter of obtaining a special permit and filing it with the State. Typically entities are hesitant to do that fi~r a line-time event. Usually, the sales tax is reported at the business Iocat~l~n. He did not believe it was an onerous process, it is a matter of applying fi>r the permit. It is a matter of onr ability to filllow up to make sure they hav~ done that and that the taxes were accurately allocated to Chula Vista rather than National City. Councilmember Rindone stated that what is being referred to is called a Vendor's Permit. and it is obtained through the State Board of Equalization. It would be the City's responsibility to police this to make sure that the vendor, when they are acting outside of their city in another hlcation. actually have a vendor's permit from the State Board of Equalization. Many times the supervision of this lhr exceeds the actual sales tax that is reimbursed. The process is simple, but validating it to insure its enfi~rcement conld prove to be more costly than the revenues generated. Councihnemher Salas stated that she was also concerned about the prospect of having an outside vendor come into the City, and the City assuming liability fi~r whatever happens during those events. MS (Moot/Rindone) to receive aud file the report and tu take uo actiou. Minion approved 5-0 with no thrth~,r action taken. 12. RESOLUTION 18790 IMPLEMENTING THE CITY'S LAST OFFER TO CHULA VISTA POLICE OFFICERS ASSOCIATION (CVPOA) AND AMENDING THE BUDGET THEREFOR - On c~/24/97, the City and the CVPOA reached an Impasse in negotiations filr a successor Memorandum of Understanding. On 7/3/97, the City Manager, in his capacity as the Municipal Employee Relations Officer, md with the CVPOA to ~dent~t~' the issues in dispute and to review the position of the respective parties in an e~i~rt to resolve the disputed issues. On 8/6/97, the City and the CVPOA met with a State mediator in an efli~rt to rt;solve the issues in dispute. Mediation was unsuccesslhl. Pursuant to tht' City's Employer-Emphlyee Relations Policy, the matters in dispute are now submitted to Council fi~r consideration. Staff reclmm~ends unlehs the impasse is resolved that Conncil unilaterally implement the City's last tfff~r to CVPOA and amend the budget to cover the cost of the MOU adjustments. (City Manager) 4/Sth's w~te required. John Goss, City Manager, presented the staff report. Addressing Council were: · Mike Miller, President of the CVPOA. 49 Third Avenue, Chula Vista. · Billy Cox. re, presenting the CVPOA, 49 Third Avenue. Chula Vista. · Dick Castle, Attorney fi,r the CVPOA, 49 Third Avenue. Chula Vista. Minntes October 7, 1997 Page 6 Robert Solomon, 490 Belle Vista Drive, Chnla Vista. 91910, supported the CVPOA. Gina Boyd. 196 Landis Avenue, Chula Vista, 90910. representing the Chnla Vista Elementary Education Association. Tommie Jones. 49 Third Avenue, Chula Vista 91910, representing the CVPOA. Dorothy Ozanne. 776 Missil~n Avenue. 91910, suppl~rted the POA. Pete Darvas, 185 West "F" Street, No. 600~ San Diego, 92101, a Federal Agent supporting the POA. Bryan Treul, 594 Portsmouth. Chula Vista. 91910 representing tbe CVPOA. Phil A. Gaughan, 455 Rivercreek Court, Chula Vista. 91914. supported the CVPOA. Patty Davis, 1374,6'17 Callehon Montefrio, snpported the CVPOA. Charles Pugsley, 276 Fourth Avenue. Chnla Vista, 91910, representing the CVPOA. Buddy Magor, 276 Fourth Avenue. Chula Vista, 91910, representing the CVPOA. Teresa Zamora, 798 Fifth Avenue~ Chula Vista, 91910, supported the CVPOA. Kathleen Grasso, 538 Poinsettia, Chnla Vista. 91910. supported the CVPOA. Jane MeGill. 196 I.andis, Chula Vista, ~)1910, representing the Sweetwater Education Association, supported the CVPOA. Ken Walden. 1023 H~lix. Chnla Vista, 9191 I, supporting the CVPOA. Karinne Spethman. 443 Sequl>ia Court, Chula Vista. 91911, representing the CVPOA. Phil Collum, n<l address given, representing the CVPOA. AI Julian, no address given, representing the CVPOA. Mary Thissan, 1139 Monserate. Chula Vista. 91910, snpported the CVPOA. JoAnn Wadkins, 196 Landis, Chula Vista, 91910, representing Sweetwatar Education Assoc., supported the CVPOA. Katya Rena Salganick, 855 Country Club Drive, Chula Vista, 91911, representing Dr. Alfred Salganick, supported the CVPOA. Ben Chassen. 276 Fourth Avenue, Chula Vista. 91910. representing the CVPOA. Joe Kline, no address given. representing the CVPOA. Corina Culver, no address given, Animal Control Officer, supported the CVPOA. Steve Miller, from the Fire Department, supported the CVPOA. Minutes October 7, 1997 Page 7 Councilmember Padilia stated that the hardest part about this is that it does get emotional. He tell that one of the things that he has learned is that yon don't comment on thcts that you don't have in hand. We all have a position to advocate. He felt this was an issue, although an uncomli~rtable one, that we have to bring a conclusion to. He was sorry if that offended some people. He couldn't imagine that anyone woold think he would intentionally bring this once-in-a-19-year conflict upon himstir in a year that he was up lbr reelection with a group such as the POA that commands the respect and influence m this community that it does. MS (Padilla/Salas) to adopt staff's recommendation for implementntion. Councilmember Rindone stated that this hasn't been easy tin anybody here tlmight. He I~lt that everyone has had chance to articnlate their positions. Solnetimes yon are in sitnations where yon have to do things that yon doWt like to do, but you realiz~ it is the responsible thing to do li3r all concerned. It would be irresponsible fistally not to look at all the units and all the resonrces and move fi~rward fi-om that. We need to begin to get to where we want to go by working together. Conncilmember Moot stated it pained him when he hears people talking abllut fiscal responsibility in this context. We all know that we have a contractual commitment to CVEA, and we have set aside the money in this budget to meet that contractual commitment. That is not the issue that we arc dealing with tonight. No one disagrees that this was a tough budget year. Bot there was a way to do a twtl-year prop{isal that cllnld be put on the table and discussed. It was not fiscally irresponsible to predict that next y¢ar's budget, based tin increased sales tax revenue and the increases in property taxes that wc could legitimately in good Iidth make a c{mm}itment and meet it on a two year contract. So the issue is not abont fiscal responsibility. It is ahllnt will. and it is aboat priorities. It is about the desire to do the right thing. Mayor Horton stated that she will not be voting fi}r this because she did not believe in the proposal that wits being brought )brward. She believed that we could work out an agreement that was fistally sound for the City and at the same time kept our police officers at a competitive level with othei officers in San Diego County. John Kaheny, City Attorney, clarified that this was a fimr vote item on the appropriation, bnt it was only a three vote item on the in~plementation. So if it doesn't get fimr votes, the appropriation item will trail. Conncilmember Rindone stated that the motjim was only on the stalfs position tin the contract. It was not on the fiscal. Both Councilmcn~ber Padilia, maker of the motion, and Councihncmbcr Salas, the scconder, responded that was Correct. Mayor Horton responded that we arc not olinring Resolution 18790 at this time. Mr. Kaheny replied that if you ,.iff~r the entire Resolution and it gets ,,rely three votes, the second paragraph, the appropriation, will stay on the table. If yon want to amend the Resolntion on the floor t~r the implementation of the contract, we can do the tinante porturn later. Vote on Motion: Passed 3-2 (Horttm and Moot voting no). Mr. Kaheny stated that Council can either vote on th~ appropriation part at this time, in' you can trail it to your next meeting, or to when staff counts back to yon. Councilmember Moot suggested, since he was not sure what the City Attorney was talking about, that the City Manager should bring this back with an explanation about how this works becaus~ it may be thai one of us will have to w~te in order to give the POA what was on the table. Minutes October 7, 1997 Page 8 Mr. Kaheny clarified that the appropriation requires ~mr votes. If it doesn't get fbur votes, the implementation cost which is $98,000 wonld come out ill the police department's budget. You have the option later to transfer that amount fi'om the unallocated reserve to the police department to cover that cost. Mayor Horton stated that by bi~lrcating this item, she would vote on the second half which would be for the allocation. The bi~lrcated motion carried 4-1 (Moot no). ITEMS PULLED FROM TIlE CONSENT CALENDAR (No items were pulled). OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) Mr. Goss reminded Council that there will be a wl~rkshop on Thursday. October 9, 1997. The topics will be lndnstrial Zoned Land and Low Income Housing. Also, a joint meeting with Sweetwater High School District has been schednled tilt October 30 at 7:30 p.m. A drab ag~nda will he sent ont to Council fi~r the addition or deletion items. The International Council tbr Local Environmental Initiatives (ICLEI) has invited Councilmember Moot to attend their conference in Japan on November 26-28. 1907. He has declined to attend and so has Councilmember Salas who was the backup person. Wc need to find ont how to respond to their letter. Mayor Hortnn asked if it would be appropriate to send Barbara Bamberger since she is our environmental resources manager. and she represents us well. George Krempl, Deputy City Manger. stated that staff has been able to clarity, that and that the Binding is only available li>r decled officials. Mayor Hnrton stated that we will all look at our calendars again, and see what we can work out. 14. MAYOR'S REPORT(S) Ratification of appointment to the Safety Commission - Carol Gove tn fill vacancy created by Commissioner Bierd, whose term will expire on June 30, 1998). MS (Hurton/Rindone) to ratify the appnintment. Motion carried 5-0. 15. COUNCIL COMMENTS Coancilmember Moot stated that recently there was an article in the paper abont district elections. There was a statement that indicated that Bmr members of the council lived within a "stone's throw" of each other. That is really not sn; it is a big city! Minutes October 7, 1997 Page 9 ADJOURNMENT The meeting ac[joumed at 5:05 p.m. to the Redevclopment Agency meeting and then to a Closed Session. The meeting reconvened at 6:12 p.m. to hear Item 12 which was scheduled lbr (~:00 p.m. The meeting ac~joumed at 8:47 p.m. Respectfillly submitted, Beverly A. Authelet. CMC/AAE City Clerk