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HomeMy WebLinkAboutcc min 1995/12/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 12, 1995 Council Chambers 6:08 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Alevy, Moot, Padilia, Rindone, and Mayor Hotton ALSO PRESENT: John D. Goss, City Manager; Brace M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. S1LENT PRAYER 3. APPROVAL OF MINUTES: December 5, |995 MSUC (Moot/Alevy) to approve the minutes of December 5, 1995 as presented. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Jerry Schlegel - International Friendship Commission; Linda Jean Allen - Resource Conservation Commission; and Katie Baker - Youth Commission. Jerry Schlegel, Linda Jean Allen, and Katie Baker were not present. b. Presentation from Advocation, Inc. regarding 1996 state legislative year. The City's Sacramento lobbyist presented a brief report regarding the second year of the 1995/96 legislative session and strategies for promoting the City's adopted Legislative Program (as it will be amended for 1996 via Agenda Item Number 7). Item discussed in conjunction with Agenda Item Number 7. CONSENT CALENDAR (Item pulled: 5a, 7 and 14) BALANCE OF THE CONSENT CALENDAR OI~'FERED BY MAYOR HORTON, reading of the text was waived, passed and approved unanimottsly. 5. WRITTEN COMMUNICATIONS: Councilmember Rindone stated Council had taken action in their Closed Session on 12/05/95 and questioned why a report had not been included on the Agenda. Mr. Boogaard responded that he would report the CounciFs action at the meeting of 12/19/95. a. Letter from Susan Bright regarding the overcrowding on Bus Route Number 709. It is recommended that Route 709 continue to be monitored and that Ms. Bright be notified of staff's actions in this regard. Pulled from the Consent Calendar. * * * Councilmember Alevy left the dais at 7:11 p.m. * * * · Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, stated she had to stand on some of the runs and she was disabled. She had been assured by staff that there would be no change on Route 709. Minutes December 12, 1995 Page 2 MSC (Horton/Alevy) to approve the staff recommendation. Approved 4-0-1 with Alevy absent. * * * Councilmember Alevy returned to the dais at 7:13 p.m. * * * b. Letter of resignation from Marsha Killian - Town Centre Project Area Committee. 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 2657 AMEND1NG VARIOUS SECTIONS OF CHAPTER 2.60 OF THE MUNICIPAL CODE REGARDING LOST AND STOLEN PROPERTY {first readine) - Currently the Municipal Code does not provide for the donation of property to charitable organizations. The amendment will allow for such in the future. Staff recormnends Council place the ordinance on first reading. (Chief of Police) 7. RESOLUTION 18151 AMEND1NG THE 1995/96 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK PROGRAM - The Legislative Program represents Council's consensus position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session. Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. Midway through that two-year term, Council reconsiders the program to add, amend or delete items as appropriate for the City's changing priorities or to react to changes or new proposals in the Legislature. Staff recommends approval of the resolution. (Legislative Committee and Assistant City Manager) Pulled from the Consent Calendar. Councilmember Rindone questioned what was anticipated regarding enhancements for first time home buyers and what the Council could do to help advocate those programs. Chuck Cole, Advocation Inc., responded the State Teachers' Retirement System the Public Employees' Retirement System had significant resources to invest. They wanted to set up a series of meetings in Sacramento with some of the key housing finance authorities, the STRS, and PERS to see if they could develop resources that could be made available. They also wanted to work with the mortgage brokerage community regarding incentive programs for first time home buyers. Councilmember Rindone stated he would not want such a program to hinge on STRS and PERS, but he wanted to see an aggressive campaign on behalf of the City for first time home buyers. Mayor Horton stated the Board of Realtors. the CA Association of Realtors, and building industry groups were working very hard on the issue and the City may want to jointly pursue the issue with one of those groups. Councilmember Rindone noted that all but $800,000 had been raised for the hydrogen fuel cell bus program. He felt the project would be a major benefit to the community and region and that there should be a vigorous effort to close that funding gap. Mr. Cole replied that they wanted to pursue more petroleum violation escrow account funds. Councilmember Alevy questioned the status of locating a University of California campus in the Southbay. Mr. Cole responded that there had not been a decision to ~nalize the University of California San Joaquin campus in terms of construction. The two areas the university was looking at were southern Califomia and northern California near the Santa Rosa area. They had talked about developing a very strong community organization that would help to lobby for the campus. It would take a great deal of effort and economic resources from the State to decide to open an additional campus. The population growth seemed to warrant another campus within the next eight years. One of the problems was the proximity to UCSD, but he felt there was good potential. MSUC (Rindone/Horton) to approve Resolution 18151 and amend the legislative program to include efforts by Advocation Inc. to finish the funding gap for the hydrogen fuel cell buses of approximately $800~000 and 1o report back regarding partnerships or efforts to achieve assistance for first time home buyers. Minutes December 12, 1995 Page 3 8. RESOLUTION 18152 DECLARING THE INTENTION OF THE CITY TO WITHDRAW AS A MEMBER FROM THE JOINT POWERS EMPLOYEE BENEFIT AUTHORITY - In May 1991, the City entered into an agreement for the joint exercise of powers with other public agencies to establish, manage, opera~ and maintain a Medical Premium Retirement Benefit Plan. The plan provides employees with the opportunity to make unlimited pre-tax salary contributions to fund health insurance premiums in retirement. Staff is currently evaluating whether this arrangement is still the best means of providing this benefit. The subject resolution will allow the City to withdraw at the earliest date if a better alternative is identified. Staff recormnends approval of the resolution. (Director of Personnel) 9. RESOLUTION 18153 APPROVING THE SECOND AMENDMENT TO THE EXISTING AGREEMENT WITH COTTON/BELAND/ASSOCIATES, INC. TO AUTHORIZE $60,510 AND A CONTINGENCY OF $25,000 IN ADDITIONAL CONSULTING SERVICES RELATING TO THE PREPARATION OF THE OTAY RANCH SPA ONE PROJECT ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT - The amendment is necessary to cover an expanded scope-of- work and EIR recirculation that was not anticipated when the Three Party Agreement was prepared. Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch) 10. RESOLUTION 18154 APPROVING THE FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH WILLDAN ASSOCIATES TO AUTHORIZE $38,720 FOR ADDITIONAL CONSULTING SERVICES RELATING TO THE PREPARATION OF THE OTAY RANCH SPA ONE PROJECT PUBLIC FACILITIES FINANCING PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT - The amendment is necessary to cover an expanded scope-of-work to analyze Alternative B-2 that was not anticipated when the Three Party Agreement was prepared. Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch) 11. RESOLUTION 18155 ACCEPTING CALIFORNIA STATE LIBRARY MATCHING FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1995/96 BUDGET - The California State Library has announced that California Library Services Act funds are available to supplement funds raised locally by California Literacy Campaign member libraries. The match is based on $1 for every $5.63 raised locally and spent during fiscal year 1995/96. Accepting the grant will provide $26,681 in fiscal year 1995/96 to the Chula Vista Literacy Team. The funds cannot supplant existing funds. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 12. RESOLUTION 18156 AMENDING FISCAL YEAR 1995/96 BUDGET TO ESTABLISH TWO INTERN POSITIONS (0.96 FTE) AND EXPAND THE EXISTING PART-TIME TEMPORARY EXPERT PROFESSIONAL POSITION FROM 0.48 TO 0.75 FFE WITHIN THE DEPARTMENT OF BUILDING AND HOUSING AND APPROPRIATING $14,000 FROM CAPITAL IMPROVEMENT PROJECT GG-144 TO ACCOUNT 100-1320-5105 - The ADA of 1990 mandates that all cities conduct their programs, services, and activities in a manner that does not discriminate against individuals with disabilities. Since 1992, the City has been actively working toward full compliance with all the provisions of the act. On 5/4/94, Council approved a multi- year capital improvement project. The City is in need to two interns to expedite implementation of Phase Two of the adopted ADA Transition Plan. Staff recommends approval of the resolution. (Director of Building and Housing) 4/5th's vote required. 13. RESOLUTION 18157 EXERCISING THE CITY'S OPTION TO RENEW THE R. F. DICKSON STREET SWEEPING AGREEMENT ON THE SAME TERMS AND CONDITIONS FOR SIX MONTHS (JANUARY 1 THROUGH JUNE 30, 1996) AND DIRECTING THAT THE DIRECTOR OF PUBLIC WORKS DELIVER A COPY HEREOF TO THE CONTRACTOR - On 9/22/92, Council approved a contract with R.F. Dickson, Inc. to provide City-wide street sweeping services. The agreement provided for three years (1/1/93 through 12/31/95) of street sweeping. In addition, the agreement permitted two additional one year renewals. The contractor has agreed in a letter dated 11/3/95 to keep the current prices for calendar year 1996. Staff recommends approval of the resolution. Director of Public Works) Minutes December 12, 1995 Page 4 Councilmember Rindone questioned why staff was recommending six months instead of one year. Sid Morris, Assistant City Manager, responded that staff wanted to reserve all of their options due to the budget situation. If the contract was extended for a full year the City would be required to provide at least a 90 day termination notice. With a six month contract it could be brought back to Council for a six month extension and still preserve the City's options to fund the program in future years. David Byers, Deputy Director of Public Works/Operations, informed Council that the contract could be extended for up to two years in any increment. 14. RESOLUTION 18158 APPROVING UNIFORM FARE STRUCTURE AGREEMENT FOR TRANSIT SERVICES - The agreement incorporates three cooperative functions among Metropolitan Transit Development Board area transit operators: cash fare structure, regional tickets and passes, and transfer procedures. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. . Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, s{ated she had been informed that the item did not pertain to increases in fares. Councilmember Rindone stated the item provided a structure for transfers among the cities within the Southbay and was a positive recommendation. RESOLUTION 18158 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived. Councilmember Alevy questioned if the item included titre increases. William Gustarson, Transit Director, responded that the only fare increase proposed was for the Coaster (the new rail line between San Diego and Oceanside) and on some county commuter express routes. There were no cash fare increases for Chula Vista Transit or San Diego Transit routes in Chula Vista, nor were there any fare increases to the regional monthly passes for CVT routes or the trolley. VOTE ON RESOLUTION 18158: approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15.A. PUBLIC HEARING PCM-96-07; CONSIDERATION OF AMENDMENTS TO THE EASTLAKE II GENERAL DEVELOPMENT PLAN (EASTLAKE I EXTENSION), EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA), PLANNED COMMUNITY DISTRICT REGULATIONS, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN AND PUBLIC FACILITIES FINANCING PLAN - The purpose of the amendments are to relocate two neighborhood park parcels, expand the area available for community purpose facilities, transfer densities among parcels within the SPA, adjust land use and parcel boundaries and designate parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing Program and EastLake Greens Affordable Housing Agreement. Staff recommends Council place the ordinance on first reading and approve the resolution and accept the report. (Director of Planning) ORDINANCE 2658 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) (first reading) RESOLUTION 18159 APPROVING AMENDMENTS TO THE EASTLAKE lI (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN Ken Lee, Deputy Director of Planning, reviewed the changes proposed with the amendment. Minutes December 12, 1995 Page 5 Robert Leiter, Director of Planning, stated Item B was a report that discussed one specific condition of the Public Facilities Financing Plan (PFFP) dealing with the community center. Because the Director of Parks & Recreation was not present he felt Council may want to continue that portion or include a condition that would provide for future resolution. Councilmember Moot questioned if Items 15A and 15B were linked or if they could be dealt with separately. Mr. Leiter responded that 15B dealt with specific language within the PFFP which was contained in 15A. There was a staff recommendation that differed from the draft language submitted by the applicant. It would be appropriate m either take action on that in conjunction with 15A or consider a condition to 15A that would defer consideration or subject it to a future decision. Councilmember Padilla felt there was a lot of material to cover regarding the issue of the obligation for the community center and he was willing to move forward on the balance of the item. · Bruce N. Sloan, 900 Lane Avenue, #100, Chula Vista, CA, representing EastLake Development Company, stated they would agree to defer discussion or resolution on the PFFP if everything else could move forward. This being the time and place as advertised, the public hearing was declared open. Mr. Sloan stated that EastLake appreciated the time and effort staff had put into processing the SPA amendment. It had taken approximately four months to bring it to Council which was an improvement in processing. However, he encouraged Council and staff to consider in the future possibilities to make such requests come about even quicker. The amendment added park acreage, made parks appear in a better location, lowered the number of units, and created more community purpose sites. They were in support of all the staff recommendations provided the PFFP issue would be discussed at a future date. Mr. Valenzuela had prepared a lengthy staff report on the PFFP issue which fairly well outlined the issues. EastLake had several points they wanted to address in the report and would do so when it was brought back for Council review. He questioned if the PFFP was delayed if it would have an affect on future maps on parcels in the south half of the Greens or if the maps would continue on track. Mr. Booguard stated staff would propose a condition on the next few maps that whatever the result was that the Council agreed on for the PFFP, it would be retroactively applicable to the units that would be covered by the next few final maps. He questioned if that was acceptable to EastLake. Mr. Sloan indicated that was acceptable. Mr. Booguard stated that would not affect the processing. There being no further public testimony, the public hearing was declared closed. Councilmember Alevy questioned if the agreement would release the $500,000 held in escrow. George Krempl, Deputy City Manager, replied that was part of the park issue and would be addressed with the PFFP. Mr. Booguard recommended that Resolution 18159, page 15A-17, be amended to read "That in light of the findings of the amended EastLake Greens Section Planning Area (SPA Plan) and all subsidiary plans related thereto, except the Public Facilities Financing Plan (PFFP), is hereby approved and adopted in the form presented in the attached Exhibit A." RESOLUTION 18159, AS AMENDED, OFFERED BY MAYOR HORTON, reading of the text was waived. Councilmember Rindone questioned if the parcel identified as Parcel R-26, which increased the number of units to 260, was extraordinarily dense and created concerns because it was the low income housing section. Mr. Loe responded that the site was roughly 15 acres which would result in approximately 17 dwelling units per acre which was the density for garden apartments. Apartment densities could vary from 15 to 35 dwelling units Minutes December 12, 1995 Page 6 per acre. It had not yet been determined whether they would be for rent or sale units. EastLake had been advised that when the project reached a point when there was a proposed project and design they would have to go through the public noticing process. Mr. Boogeard requested EastLake's stipulation, on the record, that they concurred to the condition that any agreement on the PFFP would be made retroactive on any maps approved from the present time and when the PFFP issue was resolved. Mr. Sloan responded that EastLake concurred with the condition. VOTE ON RESOLUTION 18159: approved unanimously. ORDINANCE 2658 PLACED ON FIRST READING BY MAYOR HORTON, reading of the text was waived, passed and approved unanimously. Mr. Boogaard requested that a process be selected by Council to resolve the PFFP issue. Mr. Goss responded that the issue could be continued to the meeting of 12/19/95. Staff had sununarized the park issue in their report, but staff needed to make their presentation with EastLake making their arguments. Council could also establish a mediation process to have it resolved before it was brought back to them. Mr. Sloan stated it was a good staff report and requested that it be brought back to Council next week. Mayor Horton stated it would be agendized for the 12/19/95 meeting. Councilmember Moot requested that the practical difference between the two different proposals be outlined for Council when the item was brought back. B. REPORT EASTLAKE PARK ISSUES - The report addresses an unresolved park issue associated with the processing of amendments to the EastLake Greens Public Facilities Financing Plan (as identified in the GDP/SPA Plan Amendment). The n~ain focus of the report is to ensure that the cormnunity center identified in the EastLake Park Agreement is financed and constructed by the EastLake Development Company. ORAL COMMUNICATIONS · Carolyn F. Butler, 97 Bishop Street, Chula Vista, CA, questioned why the public was not notified regarding the scheduling changes between the hours of 10:00 a.m. to 4:00 p.m. for bus Route 703. She felt it would impact students utilizing the bus to get to and from school and home. * * * Mayor Horton left the dais at 6:54 p.m. * * * Mayor Pro Tern Rindone requested that staff contact Mrs. Butler regarding her concerns with an informational memo to Council. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 16. RESOLUTION 18160 APPROV1NG IMPLEMENTATION OF A "PERFORMANCE BASED" BUDGET PROGRAM - On 11/14/95, Council referred to the City Manager to return with a formal report and implementing document information to begin the implementation of a "performance based" budget. It is recommended that the Minutes December 12, 1995 Page 7 City begin the transition as part of the development of the fiscal year 1996/97 budget process. Staff recommends approval of the resolution. (Budget Manager) Mayor Pro Tem Rindone stated the staff report indicated that the performance based budget would interface with the line item budget, zero based budget, and performance based budget and questioned how that would be done. Dawn Herring, Budget Manger, responded the past budgets were line item budgets where information was reviewed at the accounting level detail, i.e. object accounts. The zero based budget was zeroed out at the beginning of each budget year and programs were rejustified for future years. A performance based budget looked at how well things were b(mg done with statistics to prove that the efforts were worth the outcome. All of those could be incorporated into a budget and were not incompatible. Staff would be looking at all City operations to determine their effectiveness and whether they should be continued which was part of the zero based budget. In the performance based budget staff would be taking the line item budget and looking at goals and objectives and linking those with performance and output measures to provide additional support. Staff felt the best of each program could be utilized. Mr. Goss stated the basic line item budget would be utilized with programs and issues related to those programs to present policy issues to the Council which would be layered on the line item budget. He felt the performance evaluation would be layered on top of that to develop work program statistics to help understand the operations of the departments and individual elements of the departments. Mayor Pro Tem Rindone stated it appeared that staff would present a modified zero based budget and not a true zero based budget. He did not feel a zero based budget was always as productive as expected due to the amount of staff time involved. The workshop to be held was the heart of the modification as the city manager would receive feedback from Council regarding priorities before compiling the budget. * * * Mayor Horton returned to the dais at 7:00 p.m. * * * Mr. Goss informed Council that he anticipated a budget workshop in the first part of March. Councilmember Rindone stated throughout the proposal it stated FY 96/97 would be a transition and questioned what elements would not be included in the first year of performance based budgeting. Mr. Goss replied that some of the performance data would not be included as various departments were just beginning to develop base line data. Therefore, the historical perspective of the base line data would not be included for many of the operations. Ms. Herring felt it would be a refinement of the data as staff felt most of the information would be included. By obtaining feedback from Council regarding what inli>rmation they did or did not want the budget would continue to be improved over the years. Councilmember Rindone stated he supported the concept but was concerned with that format. The budget needed to be consumer friendly. Mr. Goss stated a new budget data processing system had been purchased and there would have to be a learning curve for staff to learn that new system. Councilmember Alevy felt the City was taking a huge step in responding to specific desires expressed by Council. The past budget process was very confusing and difficult. Council appreciated staffs response to their concerns. Councilmember Padilia complimented staff on finding ways for more frequent review by Council and the addition of goals, priorities, and the effectiveness with which the Council allocated tax dollars. It was a major step, responsive, and the appropriate conceptual direction. Councilmember Moot stated the project came from an initial discussion by Councilmember Padilia regarding Council becoming more active in the budget process, especially from the beginning. The budget was the primary policy and direction setting document for the City. By going to a performance based budget the City was moving in the Minutes December 12, 1995 Page 8 direction of many private businesses in looking at how they allocated funds and whether the funds allocated were effective in terms of reaching the goals and objectives. Cities needed to be harder on themselves and how they spent money. The advantage of the performance based budget was that it linked funding to some measure of effectiveness and he felt it would be an effective tool. RESOLUTION 18160 OFFERED BY COUNC/LMEMBER MOOT, reading of the text was waived, passed and approved unanimously. ITEM OFF AGENDA: Mr. Goss stated that an item had recently arose that he felt should be placed on the agenda for discussion, i.e. the potential for the merger of Sharp Health Care with Columbia HCA a for-profit entity. An Assembly Committee would be hearing testimony and, therefore, he had requested that the City's lobbyist reserve time for the City to make a presentation because Chula Vista would be impacted by the merger. Sharp had a facility in Chula Vista and the City had an agreement with that entity. Staff felt it worthwhile not to complain about the merger but to make sure the City's rights were protected. He wanted to review the possible testimony with Council for their input. Mr. Boogaard stated that based on the information presented by the City Manager the circumstances justified the addition of the item to the Agenda with a 4/5th's vote. MSUC (Horton/Moot) to find that an emergency existed and add the potential Sharp Health Care merger with Columbia HCA to the Agenda for discussion. Mr. Goss then reviewed the history of the agreement with Sharp Health Care and the proposed testimony on behalf of the City of Chula Vista. He had requested a response from Sharp regarding their interpretation of the City's agreement so staff would know any potential differences. He felt the City should also indicate that they wanted to have an appraisal paid for by either Sharp or Columbia HCA that could be monitored, done independently, give the City an idea of what the value would be, and protect the City's rights under the agreement. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 5a, 7, and 14. The minutes will reflect the published agenda order. OTHER BUSINESS 17. CITY MANAGER'S REPORT(S) a. Mr. Goss stated the Christmas Trio Plus Seven had raised $27.80 for Chula Vista Cares while performing in various city departments. b. Mr. Goss informed Council that an 8 inch sewer line collapsed in the vicinity of Third Avenue and Sea Vale. Therefore, the northern lane of Third Avenue had been closed. A contractor had been hired under the City Manager's statutory authority for repairs. They hoped to have the line fixed that evening with the hole being filled on Wednesday. No service in the area had been disrupted. c. Mr. Goss stated the Otay Water District had approved the agreement previously approved by Council. He felt it was a landmark agreement between the two agencies. He had characterized it at the District's meeting as the "Otay Preservation" agreement. 18. MAYOR'S REPORT(S) a. Appointment of Mayor Pro Tempore for 1996. Mayor Horton thanked Mayor Pro Tern Rindone for serving the City during the past year and presented him with a gift. Minutes December 12, 1995 Page 9 Councilmember Rindone responded that it had been a pleasure to serve the City during the last year as Mayor Pm Tem. MS (Alevy/Horton) to nominate John Moot for Mayor Pro Tan for 1996. Councilmember Rindone stated it had been the practice of gotmoils in the past of rotating the appointment of Mayor Pro Tem and he felt Council should honor that practice. It was not a reflection on anyone's ability to serve, but simply protocol. It was clear that the next person in line would be Councilmember Padilia. Council was seated on the dais by seniority and there should be a natural rotation unless the person did not want to serve as Mayor Pro Tern. Councilmember Padilia had served the City well. During one of the past meetings he was on vacation and when the Mayor had to leave the meeting she handed the gavel to Councilmember Padilia recognizing at that point and time that he was next in line. He hoped Councilmember Alevy would amend his motion to support Councilmember Padilla. He felt it was time that the Council did what was right and it should not be made into a big deal. Councilmember Padilia was the only elected official that had not been appointed Mayor Pro Tem and it was his turn. Councilmember Moot may not be re-elected or finish the full calendar year 1996 which could cause a change in the middle of the year. VOTE ON MOTION: approved 3-1-0-1 with Rindone opposed and Padilia abstaining. * * * Council reconvened at 6:43 p.m. * * * · Dennis Rowley, 209 Sea Vale Street, Chula Vista, CA, stated he was confused as to why he was not allowed to speak before the vote by Council as his request to speak had been submitted before the vote was held. He felt Councilmember Rindone had made a number of valid points. Appointment had been a matter of routine and there needed to be a reason for that chain or precedent to be broken. He questioned why Councilmember Padilia had been denied that position, was it because by virtue of his youth he was to inexperienced to serve, had he requested that due to the requirements of his job that he did not have time to serve, or had personality or petty bickering on the Council risen to a point where it was influencing the decisions of the Council. He felt the bickering and sniping was clearly inappropriate and the citizens deserved better. Councilmember Padilia earned the position, deserved it, and to deny the position to an elected official and railroad it to an appointed official was foolish and unethical. Mayor Horton stated the position was not routinely rotated last year. She had supported the motion on the floor because Mr. Padilia had not artended a lot of the functions in the past and she would have to depend on the person in that position to represent the City when she could not. Therefore, she had supported the motion. · Carolyn Butler, 97 Bishop Street, Chula Vista, CA, stated it was her understanding of the Charter that an appointed official could not be elected as Mayor Pro Tem unless the elected official stated they did not want the position. Councilmember Rindone stated he could not express his sincere outrage and disappointment that the process had not followed. He felt the Council had missed a wonderful opportunity for healing. The change in procedure last year was due to the desire of the person next in line to not be considered as he was under indictment at that time. Mr. Padilia had been elected by over 70% of the voters and deserved to be the next in line. What had occurred during the last week was extremely disappointing and Council needed to provide the leadership to reach out and earn respect. Everyone may not agree on all issues and when that happened they had to do what they felt best served the people. He did not want to see the council "go down the drain" due to petty politics. Councilmember Padilla was an outstanding Councilmember and capable. Mayor Hotton stated she had to go by past experience and Councilmember Padilia had not attended a lot of the functions. Councilmember Alevy stated he was not a traditional person and he had been appointed for a short period of time to make some decisions and offer information. It was his perception that there were some things that were earned and some things that were honors. There were no written roles regarding the appointment of Mayor Pro Tem. His nomination was based on his sincere feeling that the Council needed a Mayor Pro Tem that could effectively work with staff, the community, and be there when needed should the Mayor not be available. It was his honest opinion that Mr. Moot was best qualified to serve as Mayor Pro Tem and that was why he had made the nomination. It m I Minutes December 12, 1995 Page 10 was the ability of everyone else on the Council to cast their vote as they believed and the majority of the Council cast their vote in support of Mr. Moot, That did not necessarily mean that they did not support Mr. Padilia. b. Ratification of appointment: Elizabeth Karin Cox - Youth Commission. MSUC (Horton/A!evy) to approve the ratification of Elizabeth Karin Cox to the Youth Commission. c. Mayor Horton gave a brief history of Chula Vista Cares. She expressed her appreciation for all the donations to the program and thanked the Salvation Army, Project Hand, Chula Vista Welfare Council, Lutheran Social Services, Thursday's Meals, Chula Vista Firefighters, and the co-founders, Marty Chase and Sid Morris for their dedication to the Chula Vista Cares program. d. Mayor Horton announced that the Holiday Food and Toy Drive was sponsored by the Chula Vista Police Department and they would be distributing items collected on Saturday to families needing assistance. She expressed her appreciation to the police officers participating. e. Mayor Horton hoped all citizens in the community would share in the warmth of the holiday season. f. Mayor Horton stated South Bay Community Services would be holding a craft bazaar and silent auction to raise money for battered women in the Southbay area on Wednesday, 12/13/95 from 4:00-8:00 p.m. at the Terra Nova Community Center. 19. COUNCIL COMMENTS Councilmember Rindone · Councilmember Rindone stated the City was fortunate because of the holiday spirit and the spirit of giving. Chula Vista Cares was accepting monetary contributions, non-perishable foods, and toys for those less fortunate. Contributions could be taken to City Hall and each of the six Fire Stations. He ten contributed a toy to Chula Vista Cares. Councilmember Alevv · Councilmember Alevy stated it was a holiday season for all religions of the world and recognized the miracles of the Feast of Life of Hanukkah and the birth of the Messiah on Christmas. * * * Council recessed at 6:38 p.m. * * * AD.IOURNMENT ADJOURNMENT AT 8:44 P.M. to the Regular City Council Meeting on December 19, 1995 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Re, development Agency convened at 6:38 p.m. and adjourned at 6:43 p.m. CLOSED SESSION Council met in Closed Session at 7:56 p.m. and reconvened at 8:44 p.m. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING 1. Existing litigation pursuant to Government Code Section 54956.9 · Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). Minutes December 12, 1995 Page 11 2. Anticipated litigation pursuant to Government Code Section 54956.9 ® Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. Mr. Boogaard stated the anticipated litigation had matured to an actual piece of litigation and he announced the title as SNMB versus the City of Chula Vista, Brice/Bitterlin MCA litigation. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 · Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista, CA. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 21. 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. Soderqu~st, CM~ty City Clerk I I