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HomeMy WebLinkAboutcc min 1995/08/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 15, 1995 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Padilia, Rindone, and Mayor Hotton. ABSENT: Councilmember Moot ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk. MSC (Alevy/Padilla) to excuse Councilman Moot since he was out of town on business and unable to get back to for the meeting. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: August 8, 1995 (Special Meeting of the City Council) and August 8, 1995 (Regular Meeting of the City Council). MSC (Rindone/Alevy) to approve the minutes. (Moot absent) 4. SPECIAL ORDERS OF THE DAY: · Presentation by Fran Larson, International Friendship Commission, of students visiting from Odawara, Japan; Hiroko Suzuki, Yosuke Ebashi, Yumiko Toyoshima, and Kaori Kusayanagi. · Oath of Office: Aging (Commission on), Donna Daum; Cultural Arts Commission, David F. Greeno (not present); Human Relations Commission, Rafael J. Aguilar (not present); International Friendship Commission, Betty Chou; and Mobilehome Rent Review Commission, Jeanne M. Reynolds. · Proclamation commending Officer Barbara Rudesill. The proclamation was presented by Mayor Hotton. CONSENT CALENDAR (Items pulled: 7 and 8) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed, and approved 4-0-1 (Moot absent). Councilman Alevy abstained from voting on item No. 9. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed Session on 8/8/95. The letter was received and filed. Minutes August 15, 1995 Page 2 6. RESOLUTION 17996 APPROVING AGREEMENT WITH UNISYS CORPORATION FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER AND WAIVING THE FORMAL BIDDING PROCESS - In September of 1990, the City installed a new mainframe computer, the Unisys V-430. Maintenance on the computer for one year was included as part of the initial purchase price. In July, 1992, the City entered into a three-year maintenance agreement. The new contract is also for three years and includes features requested by the City such as an annual rate cap and several performance thresholds which must be met by Unisys. Staff recommends approval of the resolution. (Director of Management and Information Services) 7. RESOLUTION 17997 APPROVING AGREEMENT WITH UNISYS CORPORATION FOR THE LICENSING OF SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER AND FINANCING THE COST THROUGH UNISYS LEASING CORPORATION - In September of 1990, the City installed a new mainframe computer, the Unisys V-430. Included as part of the purchase agreement was a five-year lease of the system software. The system software includes the operating system, COBOL compiler, and the data base management system. All of the software products are proprietary products from Unisys and are licensed directly from Unisys. The license agreement will expire in August. In order to spread the cost over the next three fiscal years, staff has negotiated a contract with Unisys Leasing Corporation to allow the City to finance the cost of the lease. Staff recommends approval of the resolution. (Director of Management and Information Services) Councilman Rindone stated that he supported the essence of the item. He had a concern about paying 8.1% interest which is an aggregate amount of $6,192. He felt the interest rate was too high. Secondly, he felt we could find an appropriation to pay that flat fee for the three year license cost, save that amount of money which will more than off-set the average rate of investments of the City. You would actually see a decrease in the costs in yearn 2 and 3 plus the savings of the interest. We have to do this since the sofiware license agreement is essential otherwise the system we have is irrelevant. He felt we should not be pound wise and penny foolish but should appropriate the full amount. Finance Director Robert Powell stated that this option was fine. They would take the appropriations from the unreserved fund balance. Yes, we would save over $6,000 over the three years. City Attorney Boogeard stated that on the Resolution the last two recital clauses about the financing should be deleted. In the first resolution clause, it should read, "the City Council does hereby approve an agreement with Unisys Corporation for the licensing of software for the Unisys mainframe computer in cash." Mr. Boogaard stated that if Council will authorize him to make the appropriate amendment to conform to that change in the subsequent contract, he would do so. Councilman Rindone responded that was his intent. RESOLUTION 17997 OFFERED BY COUNCILMEMBER RINDONE, as mended to pay the full three-year license fee upfront, reading of the text was waived, passed, and approved 4-0-1 (Moot absent). 8. RESOLUTION 17998 AUTHORIZING THE PURCHASE OF TWO CASE 590 SUPER L LOAD BACKHOES AND APPROPRIATING FUNDS FOR THE PURCHASE OF ONE NEW BACKHOE - The fiscal year 1995/96 equipment replacement budget provides for the purchase of one new backhoe for sewers. Resolution Number 6132 authorizes the City to participate in a cooperative bid with other governmental agencies. The City is able to obtain the backhoes from the County of San Diego Bid Number 40263 and National City .~"" Resolution 94-157. Staff recommends approval of the resolutions. (Director of Public Works 4/5th's vote I required. Minutes August 15, 1995 Page 3 Councilman Rindone asked what was the justification for charging a backhoe to the sewer fund. Deputy Public Works Director/Operations Byers responded that the backhoe was going to be used by the second sewer construction crew for installation of sewer laterals. They will be doing just sewer work. Councilman Rindone stated that was fine; it was not in the report. RESOLUTION 17998 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed, and approved 4-0-1 (Moot absent). 9. RESOLUTION 17999 APPROVING FINAL MAP OF TRACT 95-03, EASTLAKE SOUTH GREENS UNIT 20 PHASE 2 (VENTANA), ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION - On 12/20/94, Council approved the Tentative Subdivision Map for Tract 95-03, Parcel R-20 of EastLake South Greens, known as Ventana. On 3/21/95, Council approved the first development phase. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 18000 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 3 UNIT 7, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREET DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 1/19/93, Council approved the Tentative Subdivision Map for Tract 93-03, Telegraph Canyon Estates. Staff recommends approval of the resolution. (Director of Public Works) * * * End of Consent Calendar * * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING ADDENDUM TO THE 1993 UPDATE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, WITH NO CHANGE IN THE FEE AMOUNT - On 5/23/95, Council determined that the El Dorado office building, 315 Fourth Avenue (a facility proximate to the Civic Center and capable of meeting the City's interim office space needs) is currently available for purchase at a reasonable price. Council directed staff to pursue the City purchase of the building as part of the Civic Center DIF. The purchase is anticipated to be an interim step in the implementation of the Civic Center Master Plan and is not expected to affect the end cost of the project. The proposed addendum to the Public Facilities DIF will not impact the level of fees assessed. Staff recommends this item be continued to 9/5/95. (Deputy City Manager Krempl and Senior Management Assistant Young) Continued from the meeting of 8/8/95. Mayor Horton opened the public hearing. MSC (Rindone/Alevy) to continue the public hearing to September 5, 1995. (Moot absent). ORAL COMMUNICATIONS Minutes August 15, 1995 Page 4 Maggie Helton, 162 Mankato Street, Chula Vista. She addressed the flyer she received stating that the Star News would be publishing two editions: Bonita/EastLake and Chula Vista/National City. The members of Boards and Commissions of this City have tried desperately to keep this City one city. Now the newcomers in the Chula Vista Star come from nowhere and decide they are going to make it different. In the past, we had discussed electing members of the City Council by district and turned it down because we felt everyone should represent the City of Chula Vista; not just a District. She asked if the City Council could do anything about this. Mayor Horton stated that she would be speaking with Sonia Adams, the editor, and she will make sure that this message is related to her. She will also express similar concerns. Ms. Helton stated that Letters to the Editor simply do not get printed. Councilman Rindone stated that the essence of Ms. Helton's concern was a pseudo demarkation line by Interstate 805 through the City, and he did not think any member of the City Council recognized that and would do everything to ensure the services are reaching to all parts of the City. BOARD AND COMMISSION RECOMMENDATIONS None submitted ACTION ITEMS None submitted ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 7 and 8. The minutes will reflect the published agenda order. OTHER BUSINESS 12. CITY MANAGER'S REPORT{S). There were none. 13. MAYOR'S REPORT(S) a. Application of furlough to City Councilmembers. Continued from the meeting of 8/8/95. Item to be continued Augt~t 22, 1995. b. Roundtable discussion between staff and local developers regarding permit streamlining and other cost/time saving measures implemented by the City of Chula Vista+ Item continued to August 22, 1995. c. Discussion on procedure for evaluating the City Manager, City Attorney and City Clerk. Mayor Horton stated that an evaluation form had been included in the Agenda Packet which had been used last year. This was put on the agenda so that Council could discuss how we wanted to proceed before the evaluation process is started. Councilman Rindone stated that this was one of three formats which was developed for the employees which directly [""~ report to the City Cotmcil for evaluation purposes. The forms which were developed were specified differently for Minutes August 15, 1995 Page 5 each of the three positions, and the practice that we approached last year was that each member of the Council would provide a rating of each of the descriptors for evaluation purposes, and then a discussion follow of the strengths and weaknesses in a summary format for each employee being evaluated. Following that there was a procedure where the Mayor and Council would theh bring the reports together and would do a summary of the ranking of the subjective portion, but the narrative portion of each member of the Council, including the Mayor, would be inclusive in the actual evaluation. The actual evaluation when provided was in two formats: one in which there was an actual written evalustion describing the procedure which he just described and then a verbal review of the strengths and weaknesses of each employee being evaluated as far as the collective recommendations of the Council are concerned. That was the most recent procedure. Mayor Hotton felt that Council should talk about goals; have the interviewee talk about their goals and how they intend to accomplish those goals. Then in going through the process next year, we will have a guideline for the review process to see if the goals were met and how were they accomplished. She felt the goals should be more of a priority. Councilman Rindone felt that this was an excellent suggestion. He felt that the most important thing which comes out of an evaluation process is to ensure that good communications have been reached not only a discussion of the strengths and weakness of the evaluatee, but to ensure that specific targets or goals have been described and communicated so it will enhance the evaluation process and ensure that the targets and goals are addressed by the individual being evalusted. Councilman Alevy asked if the evaluation form was something which they would fill out ahead of time or after we have had a chance to ask questions. Mayor Horton responded that the way they proceeded last year was that they filled it out prior to coming to the meeting. We will be evaluating the City Manager tomorrow evening. Councilman Alevy asked if the form in the Agenda Packet was for the City Manager and should this be filled out prior to tomorrow evening's meeting. Mayor Horton replied yes. Councilman Alevy asked if these were public evaluations or is it a policy that this stays private between employer and employee. City Attorney Boogaard replied that they were confidential. 14. COUNCIL COMMENTS Councilmember Alevv: City's notification process on Council agenda items. Councilman Alevy stated that a memo was received from Finance Director Powell regarding City mail. He stated that the Postal Service is going through a reclassification, and in the next eight to ten months there will be a restructuring of the postal system. What will happen is that all mail will be considerably less if it is bar coded. If you accomplish some of the things which the post office ultimately does, you pay correspondingly a lower rate. He would like to be able to discuss with staff and get back to Council in a report form some of the things we can do to assure that Chula Vista is going to get the best price. This reclassification will take place in 1996 to explore whether some things can be sent at bulk rate rather than first class according to the law. Minutes August 15, 1995 Page 6 Notification of meetings is somewhat related. We have had a number of discussions lately where members of the public have perceived that they were not notified, He would like to be able to talk with staff to make sure that we prol~rly use the GIS and are utilizing all the mailing lists which are available so that we can be assured that everyone is notified. He would to do whatever the Council would desire to use his expertise to sit down with staff and make sure that (a) everyone is notified and (b) make sure that we are getting the best bang for our buck. Councilman Rindone stated he supported both of these but suggested that maybe the best way to make certain everyone is notified is to bring the actual policy back and allow us to review it to see if there are any recommendations or modifications. The other issue in assuring that we have efficiencies and savings as postal regulations change and sharing that information with staff with a response back to Council was a good idea. Councilman Rindone: Clarified that tomorrow night we have the evaluation form for the City Manager, and we will also be discussing the specific concerns of the City Manager. The City Clerk and City Attorney will be scheduled at a subsequent date. He requested that the City Clerk get those forms submitted to all Councilmembers so when the evaluation for City Attorney and City Clerk have been scheduled, we will have proper time to meet this. He further stated that when he was first on the Council, there was a practice to not only have a formal annual evaluation, but also an informal evaluation at mid-year to discuss the goals and priorities which had been set by the Council. It would give the Council an opportunity to insure that the goals haven't changed and for the employee to share what they have done in meeting those goals. He would like to return to this which he felt was a healthy practice which increased communication. He requested that this be placed under his comments for the next meeting to see if the entire Council would be interested in re-establishing the informal, mid-year evaluations with the ["" employees which report directly to the Council. City Attorney Boogaard stated that we had received a request for a public record of a memo marked confidential, attorney-client privilege, and he wanted to solicit the interest of Council to see if they have any interest in waiving the privilege. The request came in Friday and was too late to put on the printed agenda, but we have to respond within ten days. It is a matter which cannot wait until the next Council meeting. Therefore, the City Attorney requested that this be added to the agenda to discuss whether Council wants to waive that privilege in Closed Session. Councilman Rindone inquired if any action in Closed Session would be reported tonight. City Attorney Boogeard replied that this is not normally a reportable action. However, if Council wants to report it, then Council would have to reach an unanimous agreement in Closed Session on reporting it. Councilman Rindone stated that if an action is taken in Closed Session, isn't this always reported. City Attorney Boogaard responded that the Brown Act provisions require that four specific types of actions have tO be reported: a settlement agreement, a labor negotiation agreement, commencement of litigation, and the settlement of litigation. Everything else is optional for reporting. MSC i!torton/Rindone) to consider the item under Closed Sesion. (Moot absent). Minu~es August 15, 1995 Page 7 ADJOURNMENT AT 7:56 p.m. to a closed session and thence to a special meeting of the City Council on Wednesday, August 16, 1995 at 6:00 p.m. in the Council Conference Room and thence to the regular City Council meeting on August 22, 1995 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency was held immediately following the City Council meeting. Respectfully submitted, ~Authelet, CMC/AAE City Clerk Minutes August 15, 1995 Page 8 CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING: A. Existing litigation pursuant to Government Code Section 54956.9 · Fritsch vs. the City of Chula Vista. B. Anticipated litigation pursuant to Government Code Section 54956.9 ·MCA Concerts, Inc. EIR · Added item: Request for Records and Waiving Client-Attorney privilege 16. 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 (~VCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION No reportable items.