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HomeMy WebLinkAboutcc min 1996/11/05MINITrES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 5, 1996 4:16 p.m. 1. ROLL CALL: PRESENT: ALSO PRESENT: Council Chambers Public Services Building CALL TO ORDER Councilmembers Scott D. Alevy, John S. Moot (arrived at 4:40 p.m.), Stephen C. Padilia, Jerry R. Rindone, and Mayor Shirley A. Hotton. John Goss, City Manager; Ann Moore, Acting City Attorney; Beverly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: October 1, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency); October 8, 1996 (City Council Meeting); October 8, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency); October 15, 1996 (City Council Meeting); and October 15, 1996 (Joint Meeting of the City Council/Redevelopment Agency). MSC (Alevy/Rindone) to approve the minutes of October 1, 1996 (Special Joint Meeting), October 8, 1996 (City Coundl Meeting and Special Joint Meeting), October 15, 1996 (City Coundl Meeting and Joint Meeting), 4-0-1 with Moot absent (Rindone abstained on 10/8/96 minutes). 4. SPECIAL ORDERS OF THE DAY: a. Certificates of Appreciation were presented by Mayor Herton to elementary school teachers, Akiko Ozaki and Kazuko Iwasaki, visiting from our Sister City, Odawara, Japan. b. William Virchis present~.xt a plaque in appreciation to the City of Chula Vista extending their gratitude for the Academy of Theater Arts Camp. Jess Valenzaela and Sunny Shy from the Parks and Recreation Department accepted the plaque. c. The Southwestern College and Music Theatre International cast of Tommy performed a song from the play. Mr. Virchis announced Tommy will premiere at Southwestern College, Mayan Hall, from November 14-2:t, 1996, at 8:00 p.m. CONSENT CALENDAR (Items pulled: None) CONSENT CALENDAR WAS O/~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, ti~es read, passed and approved 4-0-1 with Moot absent. 5. WRITTEN COMMUNICATIONS: a. Letters from the Acting City Attorney stating that there were no reportable actions taken in Closed Session on 10/22/96 or 10129/96. It is recommended that the letter be received and filed. Minutes November 5, 1996 Page 2 b. Letter from Lee Ann Meacham requesting the release of lien from their property. It is recommended that the letter be referred to staff for a report back to Council and that Ms. Meatham be so notified. 6. RESOLUTION 18478 APPROVING THE 800 MHZ COMMUNICATIONS SYSTEM AGREEMENT WITH THE CITY OF SAN DIEGO - Capital Improvement Program project number PS 146 (800 MHz Radio Project), approved by Council in June of 1996 involved negotiation of un agreement for co-use of the City of Sun Diego's 800 MHz system to support radio operations for Fire, Police, Public Works, Parks and Recreation, Inspection, and other related users. Staff recommends approval of the resolution. (Fire Chiefand ChiefofPolice) 7. RESOLUTION 18479 APPROVING THE INTERNATIONAL FRIENDSHIP COMMISSION REQUEST TO DISCONTINUE ATTEMPTS TO REINVIGORATE THE SISTER CITY RELATIONSHIP WITH GENERAL ROCA, ARGENTINA, AND DIRECTING THE COMMISSION TO PURSUE THE NECESSARY ACTIONS TO OFFICIALLY DISSOLVE THE SISTER CITY AFFILIATION WITH GENERAL ROCA - Following years of no official contact between Chula Vista and its Argentine sister city General Roca, the International Friendship Commission began a concerted effort to reinvigorate the relationship. They have found that no desire exist within this community nor General Roca to continue an official active relationship. Staff recommends approval of the resolution. (Fire Chief) 8. RESOLUTION 18480 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180, FOR FISCAL YEAR 1996/97 AND APPROPRIATING FUNDS THEREFOR - Negotiating teams representing the City and International Association of Fire Fighters (IAFF), Local 2180, have reached agreement on a Memorandum of Understanding (MOU) covering fiscal year 1996/97. The proposed MOU was ratified by the IAFF membership. The major changes to the terms and conditions are outlined in the report. The cost of the contract is proposed to be appropriated from the unapprepriated fund balance of the general fund. Staff recommends approval of the resolution. (Budget Manager) 4/5th's vote required. John Goss, City Manager, gave corrected information that the mount of $164,831 was to be appropriated from the unappropriated balance of the General Fund and transferred to the Fire Department retirement accounts. 9. RESOLUTION 18481 APPROVING THE CLOSURE OF THlRD AVENUE BETWEEN "D" AND "I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF INTERSECTING STREETS ON SATURDAY, DECEMBER 7, 1996 FOR THE 34TH ANNUAL STARLIGHT YULE PARADE - The Chula Vista Downtown Business Association plans to conduct the 341h Annual Starlight Yule Parade on Saturday, December 7, 1996 and requests the closure of a portion of Third Avenue. Funding for public services for the event were appreved on 5/7/96. The Police, Fire, Parks and Recreation, Public Works, Transit, Risk Manager, and the Traffic Engineer have reviewed the request. Staff recommends approval of the resolution. (Director of Commtlnity Development) 10. RESOLUTION 18482 AUTHORIZING STAFF TO APPLY FOR GRANT FUNDING FROM THE CALIFORNIA ARTS COUNCIL (CAC), AND SUPPORTING $10,680 IN ADDITIONAL FUNDING IN FISCAL YEAR 1997/98 TO PROVIDE A FULL-TIME (1.00 FTE) CULTURAL ARTS COORDINATOR CONDITIONED ON THE CITY RECEIVING FUNDING FROM THE CAC - The City has the opportunity to apply for grant funding through the State-Local Partnership Program administered by the California Arts Council. One of the application pre-requisitea is the City's commitment to retaining a full-time Cultural Arts Coordinator. The application deadline is January 1997, and the City's Cultural Arts Coordinator position is currently funded as Minutes November 5, 1996 Page 3 a 0.75 FTE permanent, part-time middle management position. Before applying for the grant, and to be considered for funding, the City would have to make a conditional commitment to provide additional funding in the amount of $10,680 in fiscal year 1997/98 to bring the position from 0.75 FTE to 1.00 FTE. This allocation would be conditional on the receipt of funding from the CAC, wkich could offset up to 50 % of the Cultural Art Coordinator's salary and benefits. Staff recommends approval of the resolution. (Director of Parks and Recreation) 11. RESOLUTION 18483 AMENDING THE YOUTH AT RISK PROJECT AWARD PROM THE UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; AND APPROPRIATING UNANTICIPATED REVENUES AND EXPENDITURES OF THIS FUNDING - On 7/1/92, the 4-H began a Latchkey (4-H Youth Development Program) at Lauderbach Community Center. The 4-H organization is a subsidiary of the University of California Extension Service. The 4-H receives funding through the University of California from the United States Department of Agriculture (USDA). In January 1993, the 4-H requested that the City act as a subcontractor to expand youth-at-risk programs, such as Wiz Kidz (Drug Prevention and Gang Diversion Service) at Lauderbach Community Center and a Science Club at Loma Verde Community Center. On 3/8/94, Council appruved the initial agreement. To continue to receive funds, the City must approve a third amendment with the University of California to receive funds through 3/31/97. Staffrecommendsapproval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. 12. RESOLUTION 18484 DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG PALOMAR STREET FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 127 FOR DECEMBER 10, 1996 AT 6:00 P.M. - On 11/12/91, Council accepted a report on the City's Utility Undergrounding Conversion Program and a revised list of utility underground conversion projects. The subject section of Palomar Street was ranked as the fourth utility conversion project in the City's adopted program. Proposed construction work for fiscal year 1998/99 has also improved the project's priority point rating, making the subject street section top priority. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLUTION 18485 APPROVING PAYMENT OF $60,000 TO THE AFFORD SEWER GROUP FOR PARTICIPATION IN THE AUDIT OF THE METRO SEWER SYSTEM AND APPROPRIATING FUNDS - On 8/20/96, Council met in closed session to discuss potential litigation with the City of San Diego over costs responsibilities for the Metro Sewer System. AFFORD is a group of participating agencies (County, Cities and Districts) who use the Metre Sewer System owned by the City of San Diego. In order to gain information that could be used in a billing dispute, the AFFORD group hired a team of accountants and engineers to audit the capital expenditures of the Metre Sewer System. The cost to the AFFORD members is based on percentage of flow in the system. The cost to Chula Vista would be approximately $60,000. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. 14. REPORT METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) LANDSCAPE PROJECT - In 1988 Council approved a concept master plan for the landscaping of the MTDB right-of-way and directed staff to develop a financing plan for the project. City staff reinitiated discussions with MTDB staff regarding possible funding sources. As a result, funding for a portion of the project has been identified through MTDB's 1994/95 Transportation Enhancement Activities funds administered through SANDAG which are designated for the southline trolley. Staff recommends Council: (1) direct staff to forward a copy of the MTDB Right-of-Way Beautification Project Summary Report to the MTDB Executive Committee as Chula Vista's concept master plan for the landscaping of the MTDB right-of-way located with the City; and (2) direct staff to initiate the development and negotiation of a Memorandum of Understanding with MTDB to establish a detailed, phased development plan and funding commitment for the project. (Director of Community Development and Director of Planning) Minutes November 5, 1996 Page 4 Councilmember Rindone stated as a member of the City Council and Metropolitan Transit Development Board, he was pleased to see this project come forward. 15. REPORT APPLICATION TO THE STATE LIBRARY FOR GRANT FUNDS FROM THE FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) FOR THE PURCHASE OF LIBRARY REFERENCE MATERIALS AS A MAJOR URBAN RESOURCE LIBRARY - The United States Department of Education designates libraries serving a resident population in excess of 100,000 as a Major Urban Resources Library. As such, the Chula Vista Public Library is eligible for $17,770 in grant funds to be used to purchase library materials which meet critical regional needs. Staff recommends Council accept the report and ratify the application. (Library Director) · · * END OF CONSENT CALENDAR · · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None submitted. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. RESOLUTION 18455 APPROVING TERMS AND CONDITIONS FOR THE SALE OF MARINA VIEW PARK TO THE UNIFIED PORT DISTRICT AND AUTHORIZING STAFF TO PREPARE AND EXECUTE A PURCHASE AND SALES AGREEMENT AND ESCROW INSTRUCTIONS - The City has requested that the Unified Port District acquire certain City and Redevelopment Agency properties on the Bayfront, including Marina View Park on Marina Parkway and three properties on Lagoon Drive (the former Marina Motor Hotel, Shangri-La and Cappos properties). City staff has been negotiating the sale of these properties which have been delayed for a variety of reasons including legal incumbrence and contaminated soils which are now close to resolution. Staff has recently received amended terms of sale for the Marina View Park property which are acceptable and are being forwarded to Cotmoil for review and authorization to proceed. Staff recommends approval of the resolution. (Director of Comrntntity Development) Continued from the meeting of 10/8/96. John Goss, City Manager, requested this item be cont'mued until the City receives a written response from the Unified Port District. MSUC (Horton/Padilla) to continue to 11112196. 17. RESOLUTION 18486 ESTABLISHING TERMS AND CONDITIONS FOR THE EMPLOYMENT OF JOHN KAHENY AS CITY ATTORNEY - City Council directed that a resolution be prepared setting forth those Minutes November 5, 1996 Page 5 terms and conditions for the initial employment of the new City Attorney, John Kaheny, as agreed upon between the Attorney and the City Council. Staff recommends approval of the resolution. (City Manager) RESOLUTION 18486 OEFERED BY COUNCILMEMBER PADILLA, reading of the text was waived, title read, passed and approved unanimously. 18. RESOLUTION 18487 CONCEPTUALLY APPROVING THE TENTATIVE AGREEMENT WITH SHARP HEALTHCARE FOR THE PURPOSE OF SATISFYING SHARP'S CONTRACTUAL OBLIGATIONS TO THE CITY - Staff has recently concluded negotiations with Sharp Health Care representatives regarding a tentative agreement to satisfy Sharp's contractual obligations with Chula Vista. The general parameters of the proposed agreement provides the City with a cash payout at the close of escrow between Sharp/Columbia, an extension of medical benefits with accruing interest through the year 2008, guarantees regarding Chula Vista representation on the new non-profit Board and guarantees for Chula Vista regarding potential "upside" gains related to the future sale of Sharp's remaining interest in the new entity. Staff recommends Council approve the resolution and direct staff to return with final contract language. (Assistant City Manager) MSUC (Horton/Rindone) to continue to 11/12/96. ITEMS PULLED FROM THE CONSENT CALENDAR None. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) There was a priority list issued by the U.S. Department of Veterans Affairs indicating Chula Vista would be secured funding for the $34 million Veterans Home. The State of California already authorized $13 million for this project, which was necessary to obtain federal matching funds. C'hula Vista was ranked five nationally out of 57 priority number one projects. Of the $47 million appropriated to the U.S. Department of Veterans Affairs this year for all state home projects in the nation, $22 million will be appropriated to Chula Vista. Now that funds are secured, it is possible for construction to begin as early as April 1997. 20. MAYOR'S REPORT(S) Mayor Horton congratulated Lily Pike on her 104th birthday which was on October 31, 1996. She had the privilege of attending Ms. Pike's birthday celebration at the First Christian Church of Chula Vista. 21. COUNCIL COMMENTS Councilmember AlevV commended the entire Chula Vista staff and welcomed back Dawn Herring, Budget Manager. The meeting adjourned at 4:50 p.m. ADJOURNMENT Minutes November 5, 1996 Page 6 CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · SNMB, L.P. vs. the City of Chula Vista and MCA. · Christopher vs. the City of Chula Vista. 2. Antidpated litigation pursuant to Goverment Code Section 54956.9 · Metro sewer issues. · Significant exposure to litigation pursuant to subdivision (b) Section 54956.9: 1. PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Assoeiatinn of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepmsented. 23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION: There were no reportable actions taken in closed session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Pat~cia Schwenke, Deputy City Clerk