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HomeMy WebLinkAboutcc min 1993/10/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHUI~ VISTA Tuesday, October 26, 1993 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Brnce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF A1J.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINIYrES: October 19, 1993 (City Council Meeting), October20, 1993 (Special Meeting of the City Council). MSUC (I-Ior~on/Rindone) to approve the minutes of October 19, 1993 and October 20, 1993 as presented. Mayor Nader abstained from voting on the minutes of October 19, 1993 as he was not present at the meeting. 4. SPECIAL ORDERS OF THE DAY: a. Presentation on Proposition A - The Citizens Commission on Local Govermment Restructuring - Brian Bilbray, Chair, San Diego County Board of Supervisors, made the presentation. The initiative would give marching orders that there would not be anyone who was actively employed or elected in a political subdivision bur, citizens who care to review government and make it the best it could be. The reason he was proposing the advisory vote was to preempt the State from taking action. Councilmember Rindone questioned what the strategies were for replacing what was already established. He further questioned how the study would be funded. Supervisor Bilbray responded there was no agenda or pre-judgement. Those in government needed to have the guts to allow it to be looked at with nothing hidden or held back. One strategy that had been discussed was the Virginia Model. There was also another strategy of leaving all the agencies where they were and requiring them to pay for all of the services utilized in other jurisdictions. Private citizens would be funding the study and Sol Price had committed $50,000. Councilmember Rindone questioned whether SANDAG should be involved in conducting the study and how the members to the committee would be appointed. Supervisor Bilbray felt the more governmental fingerprints on the study the worse it would be. The attitude was to give the study to a group of citizens that did not have an ax to grind. SANDAG was not impartial and had not shown impartiality. The County Board of Supervisors would appoint the members and he made the commitment to the Council that politics would be kept to a minimum. He felt they should utilize the citizens that had been working on the Proposition. Councilmember Moore agreed that government should stress economy and efficiency but also pride in the community/city/county/region. Often pride disregarded economy. He did not feel that bigger or smaller was not necessarily more economical or efficient. Minutes October 26, 1993 Page 2 b. Presentation on the Visual Arts Program at Valle Lindo School to celebrate Arts and Htunanities 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. Susan Mullin, Principal of Valle Llndo Elementary School introduced the following students: Kelly Cantaloupe, Bobby Lynn, and Ann Shoemaker. She gave a brief history of the school and programs. Students drew a mural of the Counc timembers during Ms. Mullin's presentation. Dency Souval, Cultural Arts Commissioner, presented the mural to Council. Council recessed at 6:48 p.m. and reconvened at 6:52 p.m. c. Proclamation declaring October 23 - 31, 1993 as 'RED RIBBON WEF_R'. The proclamation was presented by Mayor Pro Tem Kindone to Mike Ybarra, Safety Patrol Leader of EastLake Elementary School. CONSENT CALF~NDAR (Items pulled: 7 and 10) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER. reading of the text was waived, passed and approved unanimously. 5. WRITII~N 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. Councilmember Rindone questioned if there was a conflict of interest as one of the attorneys representing a claimant was a member of a City commission. City Attorney Boogaard responded there was no problem in terms of denying the claim. He would have to look into the conflict question. 6. ORDINANCE 2574 AMENDING SECTIONS 5.54.010, 5.54.030, AND 5.54.050 OF THE MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING TO TAXICAB REGULATION AND lICENSING (first reading) - 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 AUTHORIZ1NGTEMPORARYSTREETCLOSURESONSUNDAY, DECEMBER 5, 1993 OR SUNDAY, DECEMBER 12, 1993, FOR THE CHULA VISTA DOWNTOVVN BUSINESS ASSOCIATION TO CONDUCT THE ANNUAL STARLIGHT YULE PARADE, AND WAIVING OF FEES FOR CITY- PROVIDED SERVICES AND SUPPlIES - The Chula Vista Downtown Business Association (DBA) is requesting permission to conduct the annual Starlight Yule Parade on Third Avenue on Sunday, December 5, 1993 or Sunday, Minutes October 26, 1993 Page 3 December 12, 1993. Staff recommends approval of the resolution subject to staff conditions. (Director of Parks and Recreation) Pulled from the Consent Calendar. Councilmember Rindone felt those involved in the issue had participated to the extent of trying to do what he/she believed was correct with the community~s best interest at heart. While there may have been some miscommunicarlon in the past, it certainly was not intended to be that type of situation. The parade was to mark a very festive Christmas season and one that nor only illustrated the holiday spirit but was to mark the official beginning of the shopping season. He felt there was still an opportunity to accommodate everyone and address the issues. · Lou Black, 282 Third Avenue, Chula Vista, CA, Chair for the Starlight Yule Parade, stated on 7/16/93 the DBA approved December 5th and December 12th as the dates for the parade and there were 1,067 participants already. She had been informed by the Downtown Manager on 10/25/93 there would be no more discussions, full speed ahead. When the discussion of changing the date came up, she conducted a poll to see the effect of the switch and the first twelve people contacted said Sunday night and others said there was absolutely no way they could change. If the parade was on Monday night, the earliest it could start would be 7:00 p.m. or 7:30 p.m. and would end at 10:30 p.m. or later. It had been set on Sunday night so people could bring their children. Invitations were sent our to every band director in the area. She had been told by John Rayburn they did not have money for buses and that was the reason they couldn't come. When asked to come up with a dollar figure he responded $1,040 but, if the parade could come up with $1,000 they would be there and she agreed. She was later told that it was too much to ask the kids to participate on Sunday night because they had their band pageant on Saturday night. She had received a lot of calls from parents saying their children wanted to participate but, they were told by the School District they could not. She requested the parade be left on Sunday night and discuss the change for next year. Mayor Nader questioned if the parade was held on Monday in the past. Ms. Black responded that in 1989 it changed to Sunday because so many people asked that it be changed so they could participate. She had also been told by Mr. Rayburn that the school was still busing students home at 6:30 p.m. during the week. · Mary Coburn, 1089 Red Maple Drive, Chula Vista, CA, representing the Downtown Business Association, passed when called to the dais. · Donald M. Swanson, 207 Third Avenue, Chula Vista, CA, past Chair of the Starlight Yule Parade, supported the resolution. The complexities of changing it to Monday night would be quite entailed and expensive. More important was the children, they had not been given a chance. The District had said they would not do it on Sunday but, that was not what was before Council. The other issue was something that would have to be resolved between the DBA and School District. Jess Valenzuela, Director of Parks and Recreation, stated he had spoken to Ms. Black and Ms. Coburn regarding the impact of changing the date. In light of the time constraints and not having spoken to representatives of the School District, he recommended the item be continued for one week. Mayor Nader stated he had already seen publicity and questioned what the impact would be with a one week delay. Ms. Black stated the impact would be enormous and expensive as advertising had begun and radio stations were waiting for releases. The ent23, deadline for the parade was November 1st. She felt the bands that wanted to participate should be allowed to participate. She questioned whether Councilmember Rindone approaching the DBA Manager was the proper way to handle the situation. It was her understanding the DBA felt pressure and had voted under duress. Minutes October 26, 1993 Page 4 Councilmember Moore stated an organization had made a request and the item before Council was to approve or disapprove the services and equipment they desired. He did not want to jump in and second- guess the DBA. Councilmember Rindone stated he did call the DBA Manager because there had been a lot of information and misinformation and questioned whether the DBA wanted a week to review the issue. It was his understanding there was a parade on a Sunday in 1989 and two years ago. The issue had been discussed and voted on by the band directors and voted against participation on Sundays due to the safety and interests of the children participating. If the DBA felt they were too far down the line to change the date that was a judgement call that needed to be made by the DBA. He was hoping to get resolution and make it a win/win situation that included as much public participation as possible. Councilmember Moore stated the DBA had not requested a change in date. RESOLUTION 17285 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived. Mayor Nader stated he was puzzled by the rationale for saying the bands should not participate on Sunday. He would vote for the motion as the DBA was the sponsor and would not vote against having a Yule Parade over the squabble. The City's only role was to arrange the street closures and other certain amenities and services. It was up to the sponsor to decide which night to hold the parade. He was not happy in what he had heard so far and was not convinced there was a sound reason why the bands could not participate on a Sunday. Perhaps, in hindsight, it would have been better to set it on a Monday. There was also concern that those committed to Sunday would not be able to participate on Monday if there was a change. By voting on the motion it would not preclude the DBA from coming back next week and saying they had talked to the School District and wanted it moved to Monday. · Martha Quinne, 550 Del Mar Avenue, Chula Vista, CA, stated the students did have the thought of participating on their own because they did want to march but, they did not want to go against the District who said if they did not show up with the band director they were not to show up. The band directors had voted they would not march on a Sunday. She was sure they had their reasons, as did the parade committee but, in the best interest of everyone she would appreciate it if the decision could be postponed for one week to give the City an opportunity to meet with the District to see what could be done in the best interest of the students. AMENDMENT TO RESOLUTION 17285: (Horton/Nader) to make the street closure available both Sunday, December 5 and Monday, December 6 and Sunday, December 12, and Monday, December 13 with the DBA making the decision. Councilmember Moore stated it was not as simple as they might think. Planning and scheduling would have to be done with the police department, reserves, and other agencies that would assist the City's Police Department. Mayor Nader stated Councilmember Moore's concern was valid and his interpretation of the motion was that as of now, Sunday was the date because the DBA was the sponsor, not the City, and therefore set the date. The City would be telling them that if they decided to change it to Monday, the street closure would be available. They would need to notify the City in a timely way, the option would be available for one week. Councilmember Rindone felt it was an excellent compromise as it allowed the DBA to make an assessment and if they decided to change they would not have to come back to Council for consideration. VOTE ON AMENDMENT: approved unanimously. VOTE ON RESOLUTION AS AMENDED: approved unanimously. Minutes October 26, 1993 Page 5 MS (Nader/Fox) to send a letter to the School District expressing the Council's concerns and asking them to at least, ff at all possible, allow the students the option of marching on a Sunday if that was the date for the parade. Councilmember Rindone did not feel the letter was necessary. The Districfs position had been clearly communicated. The District was intent on not having students out two nights in a row. It was openly discussed by the band directors and they unanimously voted if one went, they should all go, and if they all could not go, no one would go if it was nor in the best interest of the students. He felt Council had done the best they could in a difficult sinnation and the DBA should be allowed to make that determination. VOTE ON MOTION: approved 3-2 with Moore and Rindone opposed. Councilmember Moore stated the City subsidized the downtown area in different ways and various amounts of money. When he had worked on parade committees in the past, the bands had requested that they be notified in June so they could properly schedule events. He requested the Downtown Manager provide Council with a letter stating when the band directors were notified. 8. RESOLUTION 17286 APPROVING A SEXqER 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 - 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/Sth's vote required. 9. REPORT CONSIDKRATION OF THE REORGANIZATION OF 1.05 ACRES OF VACANT LAND LOCATED AT 4045 PALM DRIVE, BONITA, KNOWN AS THE 'CHIA CHU REORGANIZATION' - 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. (Directorof Planning) RESOLUTION 17287 APPROVING THE PROPOSED 'CHIA CHU REORGANIZATION' 10. REPORT SAN DIEGO LOCAL AGENCY FORIVIATION COMIVIISSION'S PROPOSED ~JNINCORPORATED COMMUNITIES POLICY' - 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 LAPCO 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, 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) Pulled from the Consent Calendar. Mayor Nader stated he was concerned there was a proposed criteria for determining whether territory should be considered for incorporation or annexation. The criteria, as far as ir went, looked reasonable but, he questioned whether they related back to some other criteria or process that already existed or if they were exclusive. Minutes October 26, 1993 Page 6 Ed Batcheider, Assistant Planner, responded they were a part of a larger LAFCO review process. Councilmember Moore stated he had major concerns and voiced them at the LAFCO meeting. He had concern regarding the definition of "community" and who decided what the community was. Another concern was the exemption from the sphere of influence. He felt a strong letter should be sent requesting specifics. Mayor Nader stated if services had to be paid for, were they paying their fair share if they were left out, and that was a criteria that should be considered. The other was in the case of an inhabited annexation, the criteria should be the wishes of those affected. Robert Leiter, Director of Planning, stated staff felt the existing State law and policies that LAFCO operated under were adequate. They recommended the current policy be opposed as they did not see the need for a specific LAFCO policy in that area. Mayor Nader stated he did not know what effect it really had in order to take a position in opposition of the policy. He could support a letter that stated, "in an inhabited annexation the desires of the inhabitants should generally be paramount with the only more paramount consideration that they not be free loading off other communities for services". Councilmember Moore stated that as the City's representative to LAFCO, he intended to vote against the change unless Council gave him other direction. Mayor Nader stated he was unprepared to give direction because he did not feel he had adequate information. As the Citys representative, if Council did not give specific direction, he was free to use his judgement and vote however he felt was appropriate. An information item from staff addressing his concerns would be helpful. Councilmember Moore responded that it was his understanding Chula Vista was exempt regarding their sphere of influence. Mr. Batcheider responded that staff did not have any indication of that. Some of the ambiguities the Mayor had concerns about were the same ambiguities staff felt was why they wanted to oppose the policy. MSC CNaderAVloore) to continue the meeting past 10:30 p.m. and deal with the remainder of the agenda. Approved 3-1-0-1 with Fox opposed and Hotton abstaining. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING TO CONSIDER THE VACATION OF UNNAMED ROADS LOCATED AT THE SOUTHEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOULEVARD (PALOMAR TROtJ.RY 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) Minutes October 26, 1993 Page 7 RESOLUTION 17288 ORDERING THE VACATION OF UNNAMED ROADS LOCATED AT THE SOLrFHEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOUleVARD (PALOMAR TROI.LR"Y CENTER) This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLDTION 17288 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and approved unanimously. 12. PUBLIC HEARING CONSIDERATION OF ADOPTION OF AN INTF.~M PRE-SR-125 DEVELOPMENT IMPACT FEE AND CONSIDERATION OF MODIFICATION OF THE 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 hearing, take testimony. and continue the public hearinE to the meetinZ of 11/9/93. (Director of Public Works) Continued from the meeting of 9/28/93. This being the time and place as advertised, the public hearing was declared open. MSUC (Nader/Fox) to continue the public hearhag to the meeting of November 9, 1993. ORAL COMMUNICATIONS · Joseph W. Garcia, 484 Firth Avenue, Chula Vista, CA1 suggested rhar any changes ro the City Code requiring a first reading should not be put on the Consent Calendar. it should be discussed as the Code was important to everyone within the City. He did not feel the City should ask the County to increase the tipping fees so the City, or any other city, could get a kick-back as ir would be the citizens that would have to pay for it. Councilmember Rindone complimented Mr. Garcia for his concerns regarding the solid waste issue. The City was vitally concerned about what was taking place and was taking an active role. There had always been the standard practice of fees to cover the unprotected costs to cities that had landfills within their boundaries. It was only fair and equitable that the citizens of the cities that did have landfills be compensated. The City was prepared to take the position at the next meeting that they would not request host fees or any mitigation fees as long as it was uniformly applied to all cities throughout the County and to the NCRA plant. There was also the legal issue that the City entered into the agreement with the understanding they would receive compensation for the added costs. · Martha Quinne, 550 Del Mar Avenue, Chula Vista, CA, stared she was a concerned citizen and parent speaking on behalf of the students of the School District. She expressed concern and sadness that the bands of the City were not being allowed to march in the Starlight Yule Parade. She had discovered there was a lack of communication and stubbornness as the main cause. BOARD AND COMMISSION RECOM/VlENDATIONS None submitted. Minutes October 26, 1993 Page 8 ACTION ITEMS 23. REPORT STAFFING OF MAYOR/COUNGIh OFFICE - Ordinance and resolutions to be provided to Council at Tuesday night's meeting. (City Manager) City Manager Goss stated the issue had not been revisited by Council since 1992. He felt it was at a point where it needed to be done, as he had received feedback from some of the Council that the staff support system was inadequate for the Mayor/Council. Beside the dissatisfaction he had heard he felt there was an operational problem that needed to be resolved. The organization had grown and may not be flexible enough to provide quick turn-around for short term projects. The other operational issue was that there seemed to be too much of the City Manager's, Mayor's, and Assistant City Manager's time in trying to work through the issues that arose. The subject of supervision of clerical and non-clerical positions in the Mayor/Council office had been unclear to his office. In terms of the non-clerical position, it was staff's understanding that the direction of Council in 1991 was that the Senior Management Assistant was budgeted in the City Manager's Office and the position was out stationed to the Mayor/Council office to provide more day to day support than the staff in Administration could. The Charter clearly provided that the Mayor had the duty and responsibility to supervise the operation of the Mayor/Council office and personnel assigned thereto. Due to the lack of clarity of what the intent was, staff was requesting clarification from Council. It should also be clear that the issue, in addition to supervision, was a matter of appointment, termination, and all the things that went under the broad sense of supervision. The other issue had to deal with the function and operation of the office, i.e. dissatisfaction expressed regarding some of the staff assistance. There seemed to be a need for an additional staff person and providing for the authority and supervision. There were two options provided in the report: 1) to translate the five one-quarter time people each of the Council had to create an additional position; and 2) a transfer of dollars from one of the vacant Principal Management Assistants to be used for the purpose of additional staffing in the Mayor/Council office. He felt Council could take the reallocation of resources and fill the senior staff position at the Mayor/Council office at the Principal level and retain the Senior Management Assistant for constituent relations. A second scenario would be to underfill the position of Principal Management Assistant at the Senior level (Step E) to be responsible for the office operation with the current Senior Management Assistant (Step C) being retained for constituent relations. A third scenario would be to underfill the Senior Management Assistant at the Senior level to manage office operations and underfill the Senior Management Assistant position at the Administrative Analyst II level. The second scenario would save approximately $9,000 and the third scenario would save approximately $19,000. He suggested that if Council wanted to proceed, they refer the item back to staff to further look at the draft job description. If Council action took any steps relating to modifying the budget, he requested that staff be given an opportunity to respond back to Council regarding impacts upon the City organization. Councilmember Fox felt the first issue to address was whether or not it should even be done. If Council felt something should be done there were a lot of issues to be addressed which related to responsibility and accountability of Mayor/Council staff, who they reported to, and what were Council's responsibilities to them. In looking at it objectively, it was silly to have someone that reported to the City Manager for reviews and to the Mayor sometimes. It was a confusing role that probably was not fair for anyone concerned. Other issues related to the effectiveness and responsiveness of the elected officials. He felt Council had some extraordinary duties that other councils did not have and they needed certain expertise and needed it quickly sometimes. He would not choose the reallocation of the position from the Fire Department as first choice. Other alternatives available were: 1) a Senior Planner position that was not currently filled ($75,000 budgeted); 2) two positions frozen for six months in Building & Housing which could be extended ($50,000); 3) consolidation of the Council's quarter-time positions ($25,000 - $30,000). He felt a Chief of Staff could be hired in the range of $40,000 - $45,0OO/year which would not make it a Principal Management Assistant but, a Senior Management Assistant. They could also get a Mayor/Council aide for $20,000 - $25,000/year for constituent work. They would spend a maximum of $75,000 and, depending on the choices and combinations, they could save anywhere from $10,000 - $30,000. It was his belief the Chief of Staff and Aide would serve as suggested by the City Manager where the Mayor would suggest the hiring and bring those individuals forth to Council for consent. When the Mayor left, the next Mayor would Minutes October 26, 1993 Page 9 have the option to continue with that staff or chose others. If the decision was to terminate, the decision would go to Council for approval The Mayor, or any subsequent Mayor, would also have the option of not hiring one or both of the positions. He felt they could be better staffed and more effective. Councilmember Rindone stated the staff report referred to "some members of the Council". It troubled him that the procedures had not been followed. Council had honored all members in placing items under theLr comments and referring an item back to staff to be fleshed out. If there was an issue that was not strongly held by the majority of the Council, occasionally a staff referral was not forwarded because it was inappropriate or wanting too much staff time. The item was not on the Tentative Agenda an he questioned how Council would know the item was coming if the normal channels had not been followed. He wanted it clear that it should never happen again. Where the Council was hurt and varied was when there was an item introduced at the last minute and no background information was given. That was not the proper environment and atmosphere to make good decisions. He thought the current staffing was exemplary. He had never been disappointed, had he been he would have made it very clear. The second point was whether it was an issue and that was why it needed to come through the proper channels. Because the City was growing, Council needed to continue to look at operations but, when they cut a secretarial position from a department and then added other positions and costs it sent the wrong message. He would not support any motion, on any issue, related to staffing for the Mayor/Council that would cost any more than was currently budgeted. The Mayor had previously shared concerns regarding the inadequacy of staffing, maybe they needed to look at the management and supervision of the office. The City was a City Manager form of government, not a Mayor/Council form of government, and anything that was done to tinker with that would require a Charter amendment. He would look at: 1) what was within the current budget of the Mayor/Council office; and 2) addressing the management and supervision issues. He had chosen not to use his quarter-t/me Council position due to the hard economic times but, he did have an assistant that was an Intern at San Diego State College with no cost to the City. He did not consider it an emergency situation, as it had been festerinS for two years. It had been expressed to him that there was concern regarding intimidation and he felt that had to stop. He recommended that it come back in one or two weeks which would give the Mayor an opportunity to share his concerns and recommendations. He would do and would be willing to meet with the Mayor to share his recommendations. Councilmember Moore stated there was a weakness in the Brown Act in that the Mayor had not been able to contact the Council regarding the situation. He did not appreciate the way the item was put on the agenda. He felt it took three members of the Council to place an item on the agenda other than under "Mayor or Council Comments". Staff should allow the City Manager to tell senior staff to come through with a description of how the office should work, what was being done, and the chain of command. He did not want a staff member to represent the City at meetings with other elected officials. If the Mayor was unable to attend it should rotate through the Mayor Pro Mayor and Council. Every Councilmember should take their fair share of the regional responsibilities. The senior staff member's duties should be administrative not political. He questioned if the staff members worked for the Mayor or the City Manager. He also questioned whether they had to report to the City Manager for permission if given a task by the Mayor. City Manager Goss responded that it was their understanding that the two clerical positions were supervised by the Mayor. The Mayor told them what to do and they did not have to have approval from his office but, the position was in his budget. The issue of appointment, terminationl salary, and employee evaluation had been done more through his office than with the Mayor. Councilmember Moore stated there was no question, the people worked for the Mayor/Council and the Mayor was responsible for supervision. Supplemental evaluations and recommendations for promotions would be appropriate. Use of the individual, title of the individual, and organization of the Mayor/Council office should be the key issues and from that what type of talent was needed. The Mayor/Council needed to decide what they wanted their staff to do. If the majority of the Council said they wanted staff to attend the meetings of the Mayor/Council could not go, it would mean there would be a lot of time spent outside of the office which was a political issue he preferred to not have. If the Mayor/Council wanted a different person, or use of the person, then that policy should be presented. Minutes October 26, 1993 Page 10 Councilmember Fox felt the Council could come to consensus on many of the issues but that there would still be philosophical differences. He recommended a Council workshop to iron out the issues or a Council Subcommittee. Mayor Nader stated he had talked with the City Manager about some of the problems with staffing and there were Councilmembers that had talked to him. If the item was going to come back at some time it should also be scheduled for a closed personnel session if there was to be discussion of particular performance. He did not feel that was the issue. One of the issues was the line of supervision, the Charter provided for one thing and there were different understandings by members of Council and members of Management to the point where salary levels and evaluations had been done by people in the City Mariagel% office without his knowledge until after the tact. Supervisorial authority was undermined and close to meaningless under those circumstances. The recommendations for solutions in the Managers report were not the recommendations he would have made. Given the budget situation they should not be opting for solutions that involved, in total, adding additional staff to the City, nor should they take a position that was not intended to be filled and allocate that to creating new positions. He did feel that existing staff, not only in the Mayor/Council office, but in other support staff was not necessarily optimal or economical as it currently was. In looking at comparisons of what was paid for comparable tasks, if they got away from some of the bureaucratic titles and looked at how elected officials' offices were typically staffed in other scenarios, he found that tides were not only more reflective of what the person was doing and the pay scales were more economical than in Chula Vista for similar work. He felt that was an issue that needed to be looked at. He would look at economizing, hiring authority by the Mayor subject to Council approval, and paying comparable wages for similar duties in other elected officials' offices. He had some philosophical differences with some of the other views expressed. In addition to responding to constituent concerns, there were other duties as the City grew they needed assistance with. He did not want someone representing him or the City at a meeting in the sense of casting his vote or speaking on his behalf but, due to the proliferation of meetings, it would be desirable to have someone attend that could report back to Council. He felt there was a need and that they could economize but, he did not agree with the recommendation to take the position from Fire. He agreed with Councilmember Rindone in that economizing and looking at appropriate rides, pay scales, and where staff resources were currently being used would be the appropriate way to go and settle the issue without spending money and possibly have a cost savings. Councilmember Hotton felt Council needed to look at the organization in the Mayor's office because there were extraordinary responsibilities and the issues were becoming more complicated and they needed someone with the proper skills. MS (Horton/Fox) to direct staff to set up a workshop to look into the organization of the Mayor's office. Mayor Nader stated he was concerned about holding a workshop on just that subject when there were so many other items to be addressed. With the discussion at the meeting, he felt Council had a good feel for where individual Councilmembers were coming from. Council had the approach in front of them that management would take, not necessarily the approach Council wanted to take, and if there was a feeling on the part of Councilmembers to have more of a look at the issue, a Council Subcommittee might be a better way to achieve it. The Subcommittee could be authorized to talk to staff and bring a report back to Council for action. Councilmember Moore felt that somewhere along the line they would need to have a workshop but, it did not need to stay stagnant during that time. He felt there should be a standard as to what was administrative and what was routine. Many of the things being done by Council should be done by Department Heads and their staff. Complaints by the citizens should go directly to the appropriate department and the Cit~ Manager should have a set response time to have it back to Council. That would take a burden off Council and the Mayor/Council staff. Things needed to be done differently. He recommended setting up a workshop and also have a Subcommittee work with the City Manager. Minutes October 26, 1993 Page 11 SUBSTITLrFE MOTION: (Rindone/Moore) to have the Mayor prepare a report recommending the stalf. ng, supervision, and functional/operation of the Mayor's office and that the plan would incorporate the following conditions: 1) no new money or new funds for the realignment of staffing; 2) no nansfer of funds fxom untilled positions in any department throughout the City, that did not mean reassignment of positions by the deparmaent if that was deemed appropriate by the Mayor; 3) the job description of positions recommended to be placed under the supervision of the Mayor/Council office be attached to the report for review; and 4) the report must include an outline of the better management of the Mayor/Council offices. AMENDMENT TO SUBSTIE MOTION: (Moore) set a tentative date for a Council workshop that would be held after the Mayor's report was completed and authorize a Council Subcommittee of two to work with the City Manager on some of the items as a result of the report. MOTION DIED FOR LACK OF SECOND. AMENDMENT TO SUBSTITUTE MOTION: CNader/Fox) to establish a Council Subcommittee of the Mayor and Mayor Pro Tern (or other Council representative) to develop the report and bring it back to Council after discussing it with the City Manager. Councilmember Rindone felt Councilmember Moore would be an excellent choice as the senior member of the Council and would, therefore, support the Subcommittee. He was the only other member of the Council that had served as Mayor and could offer his perspective. Mayor Nader stated he was concerned as there was a difference of philosophy expressed and felt they could end up with two reports. It was obvious rhar he and Councilmember Moore had different ideas of what the appropriate role was for Mayor/Councfi staffing which could lead ro different views of how they should operate. He had hoped to have the opportunity ro discuss the issue with Councilmember Rindone, which he had not been able to do, and would be precluded from doing so if someone else was on the Subcommittee. Councilmember Rindone stated if the report was prepared by the Mayor or with Councilmember Moore, it could be released to the Council several weeks before ir was agendized. He did not think the Mayor should pass up the opportunity to prepare the report. Councilmember Fox stated the Mayor would be the person most affected by the decision made as he was the only full-time person in the Mayor/Council office. Some of the conditions placed upon the position that would be hired would not concern him as much as it might concern the Mayor. He questioned if the Mayor's office could function under the conditions in the motion or if there needed to be more flexibility to deviate from those conditions and present alternatives. Mayor Nader stated the conditions did not bother him. What he would like to move toward was within all of the them. He felt they may end up with two different reports. MS (Moore/Nader) whether Council wanted a member of the Mayor/Council staff to represent the City at meetings within San Diego County that were called for by elected officials or if the body of the meeting was primarily elected officials. Mayor Nader stated there was another motion on the floor and questioned whether the Maker of the Motion would suspend consideration of that to entertain the issue raised by Councilmember Moore and other issues of Council direction. Councilmember Rindone, as Maker of the Motion, agreed with the proviso that the motion would be voted upon. Mayor Nader stated the intent of the motion was that it would be within the .iob description of the Mayor/Council staff to represent the Mayor or Councihnembers at meetings within the region only when directed to by the Mayor or Councilmember. Minutes October 26, 1993 Page 12 Councilmember Moore stated it would be after exhausting attendance by the five elected officials. Mayor Nader stated that was correct. Councilmember Rindone stated he would oppose that as it was a City Manager form of government. If all the Councilmembers were unavailable to attend a meeting the next designee should be the City Manager not a staff member from the Mayor/Council office. If the City Manager was not available the next appropriate person should be the City Manager's designee. Mayor Nader stated it was a City Manager form of government and he was the administrator but, Council was the policy makers and at many of the meetings it was policy, not administration of the City, that was under discussion. Most of the time it was appropriate to have someone from the City Manager's staff do the representation because the person could have certain expertise but, to say that the City Manager should automatically represent the Mayor/Council at the meetings was getting into the policy area of the elected officials. There were circumstances where someone directly accountable to the Mayor/Council should be at the policy presentation. Councilmember Rindone stated the City Manager was directly accountable to the Mayor/Council. The City Manager also sat in on policy making decisions, particularly as they related to Closed Session, along with other staff members that were not in the City Manager's office. He could not support placing that person ahead of the City Manager and his/her designee. Mayor Nader responded that the City Manger was accountable to the Mayor/Council but, his staff was not. Councilmember Fox questioned whether a workshop would not be best as he did not believe they were getting to the problems in the best way possible. Although his preference would not be to send the individual to any meeting representing the Mayor/Council, he did not want to preclude it as an option and would support the motion on that basis. Councilmember Moore felt it should be an elected official at a meeting and in lieu of an elected official it should be a staff member who had the technical expertise. Mayor Nader stated there were times when other elected officials were meeting where they would not necessarily welcome appointed staff and where Council would want someone directly accountable to them attend. He did not feel the possibility of the person attending, ever, a meeting on behalf of the Mayor or Council should be precluded. VOTE ON MOTION (Moore/Nader): approved 3-2 with Moore and Rindone opposed. Mayor Nader stated one of the trickiest issues that needed to be dealt with was funding availability. The point had been made several times that funding could be reallocated from existing positions rather than from vacant positions. He felt there should be clear direction before he came back with the report. MOTION: 0Slader) funding for staffing levels would come from within funds that were being spent on existing positions in the City and not from either new funds or funds taken from vacant positions. DIF. I) FOR LACK OF SECOND. Mayor Nader stated the City Manager had a recommendation to take a Principal Management Assistant currently budgeted to Fire and reallocated that to Mayor/Council staffing and he felt every member of Council had spoken against that suggestion. There could be other positions at a comparable level that were currently filled which could provide a source of funding in a recommendation. He felt it appropriate to have guidance from Council to look at that before a report was written. '1 Councilmember Rindone stated the Substitute Motion on the floor provided that guideline. Minutes October 26, 1993 Page 13 Mayor Nader questioned if he meant he would look favorably on a recommendation to allocate funding from positions that currently existed and were filled. Councilmember Rindone responded that it would not be an allocation of funding bur, the assignment of that individual within the jurisdiction of the Mayor/Council office because it fit the parameters set in Condition 4. The report needed to provide justification if there was a transfer of position that was already filled and at the same salary level (no increase or decrease). Mayor Nader stated if there could be no decrease in salary, they had a disagreement and he requested input from other Councilmembers. SUBSTITU'~ MOTION: (Fox/Horton) to allocate resources from the City Manager's office for the Principal Management Assistant to the Mayor/Council office for consideration in the report. Councilmember Rindone stated that position and individual, with no change in salary (up or down), could be transferred if there was justification for it in the report. He did not want the City employees to be paranoid regarding their positions. He hoped the Maker of the Motion would rescind the motion. Councilmember Fox stated it would be a reallocation of money. Councilmember Moore stated they were talking about a position that was filled and questioned if the person would be fired. If the funds were taken away the person would not have a job. Councilmember Fox stated when the funds were reallocated from one department to Mayor/Council offices, he was reallocating funds and not an individual. City Manager Goss stared the net effect would probably be the same as suggested with the Principal Management Assistant in the Fire Department. If Council reallocated one of the two Principal Management Assistants in Administration, the most junior person affected would be Terri Enos who prepared the capital improvement budget. If that position was shifted, she would have the option of transferring into a Principal Management Assistant job such as the vacant one in Fire. There could also be some bumping that occurred. Administration would lose the ability to prepare the CIP and budget analysis. Councilmember Moore stated he would leave it up to the City Manager as to where the funding would come from. If Council stated they wanted additional staffing it was up to the City Manager ro find the source of funds. Councilmember Rindone stated Council was dickering with personnel policies and protected rights and procedures the employees had. Council did not have unilateral discretion and he would not support the motion. An employee that was not performing well had the right to be supervised, evaluated, and to address those issues. If the majority of the Council was unsatisfied with an employee that was not under their direct management, Council needed to share that with the City Manager, as he was hired to deal with that. Mayor Nader stated that had been discussed with the City Manager and that was probably all that should be said. It was true that under the City Manager form of government funding would be the City Managers call as to where he felt the cut could be best made but, it would be Council's call to evaluate the City Manager's judgement in that regard. There were other administrative functions that were not indispensable to the function of the City and preparing the CIP budget was not one of those. He had never heard a single Councilmember suggest that preparation of the CIP was a dispensable function. City Manager Goss stated that he was not saying that the CIP would not be done but, was identifying the person that would be impacted. There were certain regulations and procedures that had to be followed in terms of certain positions in the City and he was explaining what the application would be for a particular scenario. Minutes October 26, 1993 Page 14 Councilmember Fox stated he did not like the way the Council was looking and that was a motion he did not want to make. He had lost a lot of sleep over the item and that particular motion. Sometimes the issues were hard to speak to but, when there were disagreements among friends, it was harder. His conscience would have to rule and he felt Council was tinkering with something he was not comfortable with. He agreed with some of the things said by Councilmembers Rindone and Moore but, he also had a philosophical disagreement with them. In his heart, he knew they were right and he would have to vote with his heart and not vote for his motion. He hoped the City Manager received the message. MOTION WITHDRAWN: (Fox/Horton) to allocate resources from the City Manager's office for the Principal Management Assistant to the Mayor/Council office for consideration in the report. VOTE OIq SUBSTITIII3~ MOTION (Rindone/Fox): approved '1-1 with Horton opposed. MS (I-IortondFox) the City Manager provide alternate funding sources excluding the Fire Department. Councilmember Fox stated he withdrew his motion because he felt it was the best path to let the City Manager come up with a solution but it did not preclude the City Manager from coming up with the option that was withdrawn. Councilmember Rindone stated the motion defeated the intent of one of the conditions of the approved motion. He would not support the addition of funds or transfer of funds for untilled positions. Councilmember Moore stated that when Council tried to legislate on short notice versus a workshop or subcommittee it put the Council in a bad light. There was nothing wrong with not having the funds in place until the decision was made. It would not have to wait until the next budget session if the majority of the Council wanted something done. Councilmember Horton felt the first motion she had made, to have a worksession, would have saved the Council embarrassment. Mayor Nader stated Council had the City Manager's current thinking before them and the motion on the floor said they wanted something else. Something that did not shift funds from the Fire Department or currently untilled positions. VOTE ON MOTION: approved 3-2 with Moore and Rindone opposed. Council recessed at 9:12 p.m. and reconvened at 9:39 p.m. 14. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Councilmember Rindone stated the Commission, at the last meeting, indicated they would like to address the issue of governance in a two day workshop on November 5 - 6. Staff had just received a memo with a number of issues related to possible governance decisions. Staff was in the process of drafting a response to the Chair of the Commission and he requested that staff update Council. George Krempl, Deputy City Manager, stated staff received the outline with a number of alternate options for governance. There were two significant concerns with what was presented: 1) the information was sketchy and schematic and in very abbreviated format; it was staffs opinion that before it went before any council for deliberation the outline needed to be fleshed out further regarding pro's and con's, implications, funding, etc.; and 2) the short time frame where it would have had to have been agendized immediately Minutes October 26, 1993 Page 15 which would not have allowed adequate time to prepare a staff report. Staff intend to suggest that the Interim Commission workshop really be a next step and further refine the outline so it could be brought back to Council prior to a policy decision. Councilmember Rindone stated they were seeking two things in the letter: 2) a clarification of what the items meant; and 2) requesting a discussion at the two day workshop before any final decisions were made. He supported staffs recommendation in seeking further clarification and in having the elected officials discuss it at the workshop. Deputy City Manager Krempl stated he would provide the outline to the Council in the Info Packets. ITEMS pUIJ.ED FROM THE CONSENT CALENDAR Items pulled: 7 and 10. The minutes will reflect the published agenda order. OTHER BUSINESS 15. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. There was a joint meeting with the County Board of Supervisors on Thursday at 3:00 - 5:00 p.m. in the City Council Chambers. City Manager Goss stated he had been notified that the County Board may bring up some issues regarding the issue that after the General Development Plan was adopted, and portions annexed and developed in Chula Vista or in the County, that either body should have some ability to control the implementation of the Plan by the respective jurisdiction. At the meeting of 9/27/93 Council took action on several text amendments advanced by the Baldwin Company regarding the idea of putting small branch libraries and mini-parks into the villages. Staff had a different perspective which they had shared with Baldwin and felt Baldwin had gone through the back door and therefore, there was no opportunity to respond when Council took action on the issues. 16. MAYOR'S REPORTfS) a. Ratification of appointment: Jon Jamieson - Youth Commission. MSUC (Nader/Fox) to approve the ratification of Jon Jamieson to the Youth Commission. b. On Wednesday, November 3rd at 7:00 p.m. at the National City Community Center there would be a Southbay Community Crime Forum which was being co-chaired by the Mayor's of Chula Vista, Imperial Beach and National City along with Supervisor Bilbray and elected officials from the City of San Diego. Representatives of various law enforcement agencies would be participating. He thanked Frank Jordan from the NAACP for his role in bringing everyone together. It was his understanding that Jim Brown may be attending the forum. c. Mayor Nader reminded everyone that Tuesday, November 2nd was election day. 17. COUNCIL COMMENTS Councilmember Moore: · Councilmember Moore stated he had a problem in receiving input from staff regarding the placement of libraries and mini-parks in the villages after Council had taken action. Minutes October 26, 1993 Page 16 City Manager Goss stared the Council policy staff felt they were reflecting was existing in various other plans. Councilmember Moore felt administrati on should change the way they did business if they thought he would remember everything in a master plan of a librat3~, etc. A memo should be given to Council stating it would be discussed. City Manager Goss stated they had no idea it was going to be discussed or staff would have done that. Councilmember Horton: · Councilmember Hotton stated the letters on the monument sign for Marina View Park were missing. Jess Valenzuela, Director of Parks and Recreation, stated it was under the Citys authority as a City park. Staff had a series of problems with the contractor and discussions were ongoing regarding liquidated damages. The letters were being manut~ctured and would be installed within the next four weeks. Councilmember Rindone: · Councilmember Rindone congratulated the Chula Vista Chamber of Commerce for their graffiti paint- out that was held on Saturday. They had twenty-four citizens participate. ADJOURNMENT The City Council recessed at 10:49 p.m. and met in a closed session at 10:55 p.m. to discuss: Instructions to negotiators pursuant to Government Code Section S4957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Fighters (IAFF), 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 S4956.9 - City of Chula Vista vs. San Diego Palm Plaza Project. ADJOURNMENT AT 11:45 P.M. 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 convened at 10:49 p.m. and met in closed session at 10:55 p.m. and adjourned at 11:45 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk