HomeMy WebLinkAboutcc min 1995/09/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 5, 1995 Council Chambers
4:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Alevy, Moot, Rindone, and Mayor Hotton
ABSENT: Councilmember Padilia
ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
MSC (Rindone/Moot) to excuse Councilmember Padilla's absence from the 9/05195 meeting, approved 4-0-1
with Padilia absent.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: August 15, 1995 (Joint Meeting of the City Council/Redevelopment
Agency) and August 22, 1995 (Regular Meeting of the City Council).
MSC (HortonfRindone) to approve the minutes of August 15, 1995 (Joint Meeting of the City
Council/Redevelopment Agency) as presented and August 22, 1995 (Regular Meeting of the City Council) with
a correction on page 8, Alevy's comments, to reflect his intention to tour Irvlne Meadows instead of Pacific
Theater. Approved 4-0-1 with Padilia absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Safety Commission - Audrey Hoke. Oath of office was administered by City Clerk Authelet
to Audrey Hoke.
b. Proclaiming September 9, 1995 us "American Bowling Congress Centennial Day." The proclamation was
presented by Mayor Pro Tem Rindone to Peter Hass, Executive Director of the San Diego Bowling Association.
c. Presentation to Council by the Bonita Valley Girls Softball All-Stars team. The City Council expressed their
congratulations to the Bonita Valley Girls Softbali All-Stars team and Coach Bob Aguilar.
d. Update on the Port District by Commissioner David L. Malcolm. Commissioner Malcolm stated there was
approximately $165 million of improvements in the first phase for the airport. Councilmember Rindone had pointed
out that the plans did not include mass transit, but there had been a comrattment by the Chairman of the Airport
Committee to address those improvements. The Southbay Commissioners were committed to ensure that the
expansion of the San Diego Convention Center would not affect the approved capital improvements in the budget
for the City of Chula Vista. Each of the projects would proceed. He was also trying to add a project which would
put "H" Street through Rohr to the waterfront. He felt by opening up the waterfront it would result in additional
revenues for the Port and the region. The San Diego Convention Center expansion was a difficult and flawed
project. The biggest flaw of the expansion was the elimination of 1,600 parking spaces without the addition of any
new spaces. The Port would be addressing the issue of adjusted rents for different waterfront properties within the
next six months. He felt that would also help to 6pen up the waterfront for development. He would also be
meeting with Rohr in an effort to assist them to ensure their success.
Councilmember Rindone expressed his appreciation to Commissioner Malcolm for addressing the issue of mass
transit in the airport renovation. He felt it was time for public agencies to interface regarding that issue.
Mayor Horton questioned if the Port was looking at alternate sites for an airport.
Minutes
September 5, 1995
Page 2
Commissioner Malcolm responded that Mayor Golding was adamantly opposed to any move of the airport. He
would like to move all the terminals to Pacific Coast Highway so there would be direct on/off romps from the
freeway and into parking structures. Mass transit was already at that site and it would be a great multi-model
transportation system.
Councilmember Alevy questioned the PorCs ability to annex the unused portion of NTC for airport expansion and
the addition of a parallel runway.
Commissioner Malcolm reviewed the history of funding ti>r the. Southbay and the promise of funding if the Southbay
supported the building of the convention center, then support of the over budgeted costs of the convention center,
and fmally support the expansion of the convention center. He did not feel there was a more regional project than
the airport and yet Mayor Golding refused to endorse giving the airport the NTC property to expand the termlnals
and taxiways. He felt the City of San Diego wanted the Port to buy the land from them in order to enhance their
General Fund. He served on the NTC ad hoe committee and he would continue to voice his concerns.
Councilmember Moot stated any job worth doing was worth doing right and he appreciated Commissioner Malcolm
standing up for the Southbay under tremendous pressure. He had just returned from his vacation and he was
amazed that the people of the region tolerated the airport. He could think of nothing more that kept back the
economic development of the region than a totally inadequate airport.
Commissioner Malcolm stated he had voted to approve temporary improvements of $1.4 million at the airport which
had been stated were for the republican convention, but he noted that it was not just for that week but would be
there throughout the entire construction period. Those improvements would help circulation and should be there
with or without the convention.
Mayor Horton commended Commissioner Malcolm for a job well done and noted that he had become the "watch
dog of the Southbay". Due to his eflbrts changes were being made and all the Southbay commissioners were
working together to support the Southbay region.
Commissioner Malcolm thanked John Goss for assistance given to the new Port Director.
CONSENT CALENDAR
(Items pulled: 7 and 8A)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was
waived, passed and approved 4-0-1 with Padilia absent and Councilmember Rindone abstaining from voting
on Item 9.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken in Closed
Session on 8/22/95. However, the City has now entered into a Settlement Agreement among the City of Chula
Vista, Daley Corporation and the County of San Diego in regard to the Daley Rock Quarry which was
previously authorized in Closed Session. A copy of the Agreement is available in the office of the City Clerk.
It is recommended that the letter be received and filed.
b. Letter of resignation from Jon C. Thornburg - Resource Conservation Commission. It is recommended
that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the
Maddy Act in the Clerk's Office and the Public Library.
6. ORDINANCE 2638 AMENDING TITLE 10 OF THE MUNICIPAL CODE RELATING TO PARKING ~"
VIOLATIONS AND ENFORCEMENT {first readin-) - Pursuant to Council action during the budget process,
Minutes
September 5, 1995
Page 3
the ordinance will adjust parking violation penalties and late penalties for California Vehicle Code and Chula Vista
Municipal Code violations. This will make the City's penalty levels consistent with other San Diego County
jurisdictions and consistent among similar violations. It will also update the Municipal Code to reflect changes in
state law. Penalty amounts will increase for most parking violations with the exception of parking meter violations
which will remain at the current level. Staff recommends Council place the ordinance on first reading. (Director
of Finance)
7. ORDINANCE 2639 AMENDING SECTIONS 15.08.050, 15.16.050, 15.24.060 AND 15.28.050 OF THE
MUNICIPAL CODE - ALL RELATING TO INVESTIGATION FEES (first reading) - In accordance with
Council policy to streamline and consolidate, where appropriate, the City's regulatory and permit procedures, staff
has reviewed the sections of the Municipal Code having to do with investigation fees. An amendment to suspend
the fees for a six-month period following the second reading and adoption of the ordinance is proposed. Staff
recommends Council place the ordinance on first reading. (Director of Building and Housing) Pulled from the
Consent Calendar.
Councilmember Rindone requested a report back to Council regardless of the recommendation.
Mr. Goss stated that would be done.
ORDINANCE 2639 PLACED ON FIRST READING, reading of the text was waived, passed and approved
4-0-1 with Padilia absent.
8.A. RESOLUTION 18011 APPROVING A CONTRACT WITH THE CHULA VISTA CHAMBER OF
COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION
SERVICES - Pursuant to Council Policy Number 230-01, staff has negotiated a contract with the Chula Vista
Chamber of Commerce for operation of a Convention and Visitors Bureau and the performance of certain designated
visitor and convention promotional services in conjunction with that contract. This contract runs through the end
of fiscal year 1995/96, at which time a subsequent one-year contract would be brought forward for consideration.
Staff recommends approval of the resolutions. (Deputy City Manager Thomson and Senior Management Assistant
Young) Pulled from the Consent Calendar.
Councilmember Rindone referred to page 8-5 of the report, a change in the provision of the second amendment to
have the city responsible for 100% of the operating loss of the Visitors Center up to a maximum of $15,000/year.
The Chamber was an excellent partner, but he felt the incentive should not be removed. He questioned staffs
rationale.
Gerald Young, Senior Management Assistant, responded that staffs original intent in structuring the contract was
to have the participation from the first dollar. However, in reviewing the experience of the Visitors Center it was
stafl's position, as well as the Chamber, that during the first year to year and half of operation that there would be
some expectation of an operating loss as some of the issues were ironed out and the Chamber established their
displays, advertising, etc. The Chamber still had dual incentives of participation and loss beyond the $15,000 and
the share of profits.
Councilmember Rindone questioned if the initial operating loss of $8,100 was included in the $15,000.
Mr. Young responded that it was not.
Councilmember Rindone did not feel the fact that the city would absorb $23,100 versus $15,000 was clearly
examined in the staff report. Council should not be expected to have to extract that information.
Mayor Hotton stated the information was included in the report.
Minutes
September 5, 1995
Page 4
Councilmember Rindone stated the information was in the report in two different areas and it was not clear whether
the $8,100 was included in the $15,000 initial loss. He was concerned that there was not a variety of different items
to purchase at the Visitors Center to help mitigate potential losses. A marketing specialist should be brought in to
help enhance the Center and allow the Chamber to make a marginal profit. Unless that was done the City/Chamber
would be in the same position in 2 years, 5 years, 10 years. Commodities such as items from the Olympic Training
Center, etc. should be considered. He questioned if it was stafi~s intent that it be a one year agreement.
Mr. Young responded that it was set out to be co-terminus with the existing agreement with the Visitors Center and
the budget for the Convention and Visitors Bureau would be determined annually.
Councilmember Rindone hoped staff would note comments made, particularly the enhancement of items for
purchase. He requested a report when the item was brought back for review in a year on how that issue had been
addressed.
RESOLUTION 18011 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Councilmember Alevy questioned how many people would be hired with the $30,000 expenditure for marketing
staff, whether people been hired, what the procedure would be for hiring people, what their interaction would be
with city staff, where their office would be, and who they would report to.
Mr. Young stated there was a concern about getting marketing activities underway in terms of what was being sold,
advertising, displays, etc. One person would be hired under the contract, they would be an independent contractor,
and it had been left flexible so the Chamber could determine the best way to procure that assistance, i.e. contractual
basis, part-time basis, or full-time basis.
® Rod Davis, Executive Director, Chula Vista Chamber of Commerce, responded that the intent was to hire [
a staff person. He noted that Kobeys, which operated the Center prior to the Chamber, had a wide range of items
for sale and still had been unable to make ends meet. The Chamber intended to provide information and had spent
an average of 20 minutes with visitors. The Chamber did intend to increase the inventory and was working with
city staff. The real issue needed to be settled in the future. The Chamber felt they should be selling the City and
were not there to make a profit, but hoped to break even. The Chamber was concerned that $30,000 was not
sufficient to hire the caliber of person they wante/d.
VOTE ON MOTION: approved 4-0-I with Padilia absent~
B. RESOLUTION 18012 APPROVING SECOND AMENDMENT TO THE CONTRACT WITH THE
CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT
THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN
OFFICE
9. RESOLUTION 18013 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY GROUPS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On 6/6/95, Council approved $324,300
of Community Development Block Grant (CDBG) funds for 30 public service programs, $430,600 for six
community development programs and $81,500 for other non-profit organizations providing planning/coordination
type activities. The U.S. Housing and Urban Development Department requires a written agreement between the
City and each sub-recipient of CDBG funds. Staff recotnmends approval of the resolution. (Director of Community
Development)
Councilmember Rindone abstained from participation and voting due to a conflict of interest; his employer
was a recipient of a grant.
Minutes
September 5, 1995
Page 5
10. RESOLUTION 18014 ACCEPTING CALIFORNIA STATE LIBRARY SERVICES ACT, FAMILIES
FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM,
APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1995/96 BUDGET TO INCLUDE .73 FULL
TIME EQUIVALENT POSITIONS - The Chula Vista Literacy Team has been awarded a $23,000 California
Library Services Act Families For Literacy grant from the California State Library to develop and offer special
family literacy services to adult learners and their young children. The funds cannot be used to supplant the current
tutor reading program. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required.
11. RESOLUTION 18015 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LIBRARY
SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS
AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING
THE FISCAL YEAR 1995/96 BUDGET TO INCLUDE .89 FULL TIME EQUIVALENT POSITIONS - The
Chula Vista Literacy Team has received $34,945 in funding under the Library Services and Construction Act, Title
VI Library Literacy Program, to implement a model program to identify and aid adult learners with dyslexia. This
is the fourth year that the Literacy Team has been awarded Title VI funds. Staff recommends approval of the
resolution. (Library Director) 4/5th's vote required.
12. RESOLUTION 18016 AUTHORIZING THE PURCHASE OF UNLEADED GASOLINE AND DIESEL
FUEL ON COOPERATIVE B1D - The fiscal year 1994/95 Garage budget provides for the purchase of 200,000
gallons of unleaded gasoline and 60,000 gallons of diesel for City use. For transit use, it also provides for 325,000
gallons of diesel. Council authorized the City to participate in cooperative bids with other governmental agencies
The City is able to obtain the fuel via the City of San Diego Bid Number F4253/94. Staff recommends approval
of the resolution. (Director of Public Works)
13. RESOLUTION 18017 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF RANCHO DEL
REY PARKWAY ON SEPTEMBER 9 AND 10, 1995 FOR THE ORANGE CRATE DERBY - The Bonita
Orange Crate Derby Committee is requesting permission for a temporary street closure on Rancho del Rey Parkway
on September 9 and 10, 1995 to conduct the Orange Crate Derby. Staff recommends approval of the resolution.
(Director of Parks and Recreation and Chief of PollS:e)
14. RESOLUTION 18018 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
DESKTOP PERSONAL COMPUTERS, MICROCOMPUTERS AND PERIPHERALS FOR THE BECA
PROGRAM - On 8/30/95, bids were received for the purchase of 13 desktop personal computers, microcomputer
hardware and peripherals for use by the Border Environmental Commerce Alliance (BECA) program. The
equipment was approved in the fiscal year 1995/96 budget as part of the Year 1 BECA budget. All funding for the
equipment is provided for by the Federal Economic Development Administration BECA implementation grant. Staff
recommends approval of the resolution. (Director of Community Development)
15. RESOLUTION 18019 AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE SAN
DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT
OF $93,000 AND AMENDING THE CITY'S EXISTING CONTRACT WITH THE CHAMBER OF
COMMERCE FOR PRODUCTION OF THE HARBOR DAYS FESTIVAL TO PROVIDE FOR THE PASS
THROUGH OF $30,000 OF THE PORT FUNDING TO SUPPORT THAT EVENT AND AMENDING THE
CITY'S EXISTING CONTRACT WITH ELITE RACING FOR PRODUCTION OF THE ARTURO
BARRIOS INVITATIONAL TO PROVIDE FOR THE PASS THROUGH OF $25,000 OF THE PORT
FUNDING TO SUPPORT THAT EVENT -In May 1995, the City submitted financial assistance requests to the
San Diego Unified Port District (Port) for partial funding of four City-sponsored special events. The Board of Port
Commissioners approved funding for all four events at their meeting on 7/11/95, and the Port is now requiring the
City to enter into formal agreements which stipulate conditions and City requirements for receipt of the approved
Minutes
September 5, 1995
Page 6
fnding. Staff recommends approval of the resolution. (Director of Parks and Recreation, Public Information
Coordinator and Director of Community Development)
16. RESOLUTION 18020 SUPPORTING CONTINUED PARTICIPATION IN THE CALIFORNIA
HEALTHY CITIES PROJECT FOR FISCAL YEAR 1995/96 AND ENDORSING A BROAD-BASED
PUBLIC POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A
HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS - On 7/1/94, the Department was informed that its
application and project proposal to the California Healthy Cities Project had been accepted. A technical assistance
grant of $4,250 was approved to implement the City's first-year project. The City has been invited to file an
extension proposal for a second year of funding. Staff is requesting Council approve a Resolution of Support which
must accompany the request. Following notification of extension approval, staff will return to Council with a
program update and a request that Council accept the award. Staff recommends approval of the resolution.
(Director of Parks & Recreation)
17. RESOLUTION 18021 AMENDING THE FISCAL YEAR 1995/96 BUDGET TO APPROPRIATE
$60,000 TO THE COMMUNITY TOBACCO EDUCATION GRANT BUDGET - On 1/17/95, Council approved
a $120,000 24-month grant from the California Department of Health Services, Tobacco Control Section. $30,000
was appropriated for the first six months of the program. The funding is used to augment the youth newspaper
project sponsored by the City and South Bay Community Services' KidzBiz Program, components of the Youth
ACTION Program, and other programs servicing Chula Vista youth. The grant is also used for part-time staff
implementing the tobacco education interventions program. The state has now authorized the second installment
of the grant, in the amount of $60,000, for fiscal year 1995/96. Staff recommends approval of the resolution.
(Director of Parks and Recreation) 4/5th's vote required.
18. RESOLUTION 18022 APPROVING THE 19TH AMENDMENT TO THE AGREEMENT WITH THE
SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE
AT THE "J" STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPING MEDIANS - On
9/6/94, Council approved the 18th Amendment with the San Diego Unified Port District for grounds and comfort
station maintenance at the "J" Street Marina, Bayside Park, and the landscape medians on Tidelands. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19. PUBLIC HEARING GPA-95-04 - CONSIDERATION OF A PROPOSAL TO AMEND THE GENERAL
PLAN LAND USE DIAGRAM FROM OPEN SPACE TO RESEARCH AND LIMITED MANUFACTURING
ON PROPERTY LOCATED NORTH OF "L" STREET, BETWEEN INTERSTATE 5 AND THE SAN
DIEGO TROLLEY TRACKS - CITY INITIATED - In 1975, Council rezoned approximately four acres of
property located at the northeast quadrant of I-5 and "L" Street to the Limited Industrial zone. However, the
General Plan Land Use Diagram designation for the property remained Open Space. Therefore, the City is initiating
a land use redesignation from Open Space to Research and Limited Industrial for consistency with underlying
zoning. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of
7/25/95.
RESOLUTION 18023 AMENDING THE GENERAL PLAN LAND USE DIAGRAM FOR
APPROXIMATELY FOUR ACRES LOCATED AT THE NORTHEAST INTERSECTION OF INTERSTATE
5 AND "L" STREET FROM OPEN SPACE TO RESEARCH AND LIMITED MANUFACTURING
This being the time and place as advertised, the public hearing was declared open.
Minutes
September 5, 1995
Page 7
® Mark Baker, 613 West Valley Parkway #315, Escondido, CA, representing Baker Enterprises, stated they
owned part of the property and concurred with the staff recommendation.
Councilmember Rindone questioned if there were plans for development of the property and why it had been
agendized.
Robert Leiter, Director of Planning, responded that the property owner was interested in either developing or
marketing the property. The inconsistency was brought to staffs attention by the property owner. Staff felt it could
be resolved with a very straight forward General Plan amendment that would not require a lot of staff analysis or
research and that it would be appropriate to bring it forward to Council as a city initiated General Plan amendment.
Councilmember Rindone questioned if the property was large enough to develop and still provide an enrichment of
the right-of-way for the trolley.
Mr. Leiter felt there was potential for limited industrial or related development as well as landscape treatment along
the trolley right-of-way. It would have to go through the Design Review and Precise Plan Review process.
Councilmember Rindone questioned if an easement would be needed to ensure that there was sufficient land for the
trolley.
Mr. Leiter responded that it was staffs opinion that landscaping could be accomplished in conjunction with the
development of the property, i.e. as part of the landscaping plan that would be required. If there was a desire to
expand that even further in terms of an easement he felt there was sufficient time to do so.
There being no further public testimony, the public hearing was declared closed.
RESOLUTION 18023 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved 4-0-1 with Padilia absent.
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
20. REPORT ETHICS AWARENESS SEMINAR ON JUNE 17, 1995 - The Ethics Awareness Seminar was
attended by 73 persons of whom 69 were City elected officials, board and commission members, or key staff
members. Evaluation forms completed by attendees as well as comments made to members of the Ethics Board
indicate that with a small number of exceptions, attendees found the program useful and thought-provoking. The
Board has several reconunendations listed in the Agenda Statement for Council consideration. (Board of Ethics)
· Richard Schulman, 108 Jefferson, Apt. B, Chula Vista, CA, representing the Board of Ethics, gave a brief
overview of the Board report and recommendations.
Mayor Horton referred to the recommendation of a Code of Ethics Standard specific to trade, profession, and/or
organization and questioned if it referred to city departments rather than individual commissioners and their
employment.
Mr. Schulman responded that was correct.
Councilmember Rindone stated he supported the Board's recommendations but felt Recommendation 8 should not
only include informal meetings but also a published schedule of those meeting dates.
Minutes
September 5, 1995
Page 8
MS (Rindone/Alevy) to approve the Board of Ethics' recommendations with the inclusion of a published
schedule of meetings and training sessions to be available to employees, members of boards/commissions, and
interested members of the community.
Councilmember Alevy stated Recommendation I was fur the continuation of the resource person on a permanent
basis and questioned if that was .just a statement of principle.
Mr. Goss felt it was a statement of policy. The position would have to be reviewed in the budget process yearly.
VOTE ON MOTION: approved 4-0-1 with Padilia absent.
ACTION ITEMS
21.A. RESOLUTION 18024 APPROVING AN AGREEMENT WITH THE UNITED STATES
GOVERNMENT BY AND THROUGH THE EXECUTIVE OFFICES OF THE UNITED STATES
ATTORNEY FOR FISCAL AGENT SERVICES -The United States Department of Justice (DOJ) has received
funding through a variety of federal appropriations to implement the California Border Alliance Group (CBAG).
CBAG is one of several regional effurts being implemented throughout the southwestern United States by the DOJ
to decrease drug trafficking along the international border with Mexico. The proposed ordinance and resolutions
would enable Chula Vista to act as the "fiscal agent" fbr CBAG, result in the full reimbursement of all expenditures
in support of CBAG, and compensate for rdatexJ processing costs at the rate of two percent of total CBAG
expenditures. Staff recommends Council place the ordinance on first reading and approve the resolutions. (Chief
of Police)
B. ORDINANCE 2640 AMENDING SECTION 2.05.010 OF THE MUNICIPAL CODE TO ADD THREE
UNCLASSIFlED CALIFORNIA BORDER ALLIANCE GROUP FULL-TIME POSITIONS (first readinu}
C. RESOLUTION 18025 AMENDING THE FRINGE BENEFIT RESOLUTIONS FOR EXECUTIVES
AND UNREPRESENTED EMPLOYEES TO INCLUDE THREE CALIFORNIA BORDER ALLIANCE
GROUP POSITIONS
D. RESOLUTION 18026 APPROVING TWO REIMBURSEMENT AGREEMENTS AND AN
INTERGOVERNMENTAL PERSONNEL ASSIGNMENT AGREEMENT AND AMENDING THE BUDGET
TO APPROPRIATE THE FUNDS RECEIVED UNDER THE REIMBURSEMENT AGREEMENTS TO THE
EMPLOYEE EXPENSES FOR THE THREE EMPLOYEES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT - 4/5th's vote required
Rick Emerson, Chief of Police, stated the item would allow the city to be the fiscal agent for a federal task force
the city would participate in. The City Attorney was comfortable with the indemnification presented.
Councilmember Alevy questioned who hired the positions and if federal procedures were utilized.
Chief Emerson responded that was correct, the U.S. Attorney would have overseen the procedure initially.
Councilmember Alevy questioned if the positions would become vested employees of the city or remain federal
employees.
Chief Emerson replied that they would be contract employees to the City.
Kevin Hardy, Principal Management Assistant, stated they would be part of the city's PERS liabilities for the future.
CBAG and the Department of Justice, through the U.S. Attorney's Office, would reimburse the city for all ~'~
expenses.
Minutes
September 5, 1995
Page 9
Mr. Boogaard stated they would be employees of the city, but under the Intergovernmental Personnel Act they
would be assigned to the federal government. The federal government was obligated to reimburse the city along
with a 2% administrative fee.
Mayor Hotton questioned if the positions would be hired from within.
Chief Emerson responded that they would be hired from outside the City.
Councilmember Rindone questioned if at the end of CBAG funding if the employees would no longer be employed
by the city and if they had bumping rights or seniority.
Mr. Hardy replied because of their unclassified status they did not retain bumping rights, etc. They would no
longer be employees of the city when funding ended.
Councilmember Rindone referred to the net fiscal impact and questioned if it included the 2% administrative fee.
Mr. Hardy replied that it represented the estimated pass through of funds and the 2% administrative fee.
Councilmember Rindone stated the three positions provided the administration and clerical support and questioned
if there were members of the Police Department participating in CBAG activities.
Chief Emerson responded they were the administrative components, i.e. executive director, analyst, and clerical.
There were members from local agencies as well as federal agencies that made up the enforcement section of the
Task Force. The executive director would run the day-to-day operations, but the chief of police or special agent
in charge that had an employee involved in the Task Force would still have the responsibility for that employee.
It was similar to other existing task forces, i.e. the city had supervision over their employees concurrent with the
task force.
Mr. Goss clarified that the three positions were already filled. They were absorbing city employees and it was a
transfer from one entity to the city.
RESOLUTION 18024, 18025, and 18026 OFFERED AND ORDINANCE 2640 PLACED ON FIRST
READING BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1
with Padilia absent.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 7 and 8A. The minutes will reflect the published agenda order.
OTHER BUSINESS
22. CITY MANAGER'S REPORT{S)
a. Robert Powell, Finance Director, introduced John Coggins the new Purchasing Agent.
b. Mr. Goss stated there had been discussion at the 8/22/95 meeting regarding a change order for the Otay
Valley Phase II project. The Public Works Director had asked him to clarify that whether or not the MCA
Amphitheater proceeded, because of prospective development on the other side of the river from the auto park and
in that area, that by proceeding with some curb modifications at the present time it would save the city
approximately $300,000 in the future. Based on Council's acceptance of the report, staff was proposing to direct
the contractor to proceed with the change order with the work commencing on Wednesday.
· I
Minutes
September 5, 1995
Page 10
John Lippitt, Director of Public Works, stated the grade for the south half of the road, east of the existing
improvements, had been prepared. Staff would return to Council with a final change order.
23. MAYOR'S REPORT{S)
a. Designation of voting delegate for League of California Cities' Annual Conference scheduled for 10/22/95
through 10/24/95 in San Francisco.
MSC (Moot/Rindone) to designate Mayor Horton as the delegate for the League of California Cities' Annual
Conference. Approved 4-0-1 with Padilia absent.
MSC (Rindone/Alevy) to authorize the Mayor to designate an alternate if another member of the Council
attended the League of California Cities' Annual Conference. Approved 4-0-1 with Padilia absent.
24. COUNCIL COMMENTS
Councilmember Rindone
· Discussion on reestablishing informal midyear evaluation of City Manager, City Attorney and City Clerk.
Continued from the meeting of 8/22/95.
Councilmember Rindone stated it had been Council's past practice to have informal mid-year evaluations of the City
Manager, City Attorney, and City Clerk and he requested that council reestablish that practice. The evaluation
would include progress that had been made and goals that had been set. He felt that would allow continual flow
of dialogue between the council and their direct employees. Therefore, the employees would not be evaluated at the
end of the year on expectations for reasons beyond their control or the council's that could not be met. It would
be an informal process to allow communication between council and their three employees.
MSC (Rindone/Moot) to establish an informal mid-year evaluation for the City Manager, City Attorney, and
City Clerk. Approved 4-0-1 with Padilia absent.
Councilmember Alevy
· Councilmember Alevy requested that the City Manager convey his appreciation to the Planning staff that
was at the Affordable Housing Seminar held at EastLake. He felt there was very good dialogue although he did
not agree with everything that was said. Staff was extremely professional and presented very good information.
Council should be proud that staff could go out into the public and represent the city as well as it did and get the
information out.
· Councilmember Alevy requested a report back to Council regarding the traffic congestion at EastLake
Parkway and Clubhouse Drive (entrance to EastLake High School) and the possible installation of a 4-way stop or
stop light. It had also been brought to his attention that there was a similar situation on EastLake Drive and East
"H" Street. He had been informed that at one time there was supposed to be a light there and he requested a report
back to Council on that intersection.
AD.IOURNMENT
ADJOURNMENT AT 5:40 P.M. to the Regular City Council Meeting on September 12, 1995 at 6:00 p.m. in the
City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency convened at 5:41 p.m. and adjourned at 6:46 p.m.
Minutes
September 5, 1995
Page 11
CLOSED SESSION
Council met in Closed Session at 6:53 p.m., reconvened at 9:15 p.m., and adjourned at 9:15 p.m.
25. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
· Chammas vs. the City of Chula Vista.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section
54957
· Title: City Clerk
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 Cotmoil of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
by: Vicki C. Soderquist, CMC, De~City Clerk
I I