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HomeMy WebLinkAbout2001-09-17 CRC MINSMINUTES OFA REGULAR MEETING OF THE CITY OF CHULA VISTA CHARTER REVIEW COMMISSION September 17, 2001 City Attorney's Conference Room 4:30 p.m. ----------------------------------------------=-------------------- MEMBERS PRESENT: John Dorso, Harriet Acton, Deric Prescott, Mark Croshier, Sergio Feria and David Potter MEMBERS ABSENT: None STAFF PRESENT: City Attorney John M. Kaheny The meeting was called to order at 4:50 p.m. 1. Roll Call. The roll was called and all members were present. 2. Approval of Minutes. MSUC (Potter/Acton) to approve the minutes of June 18, 2001 as presented. 3. Election of Officers for FY 2001-02. The Chair asked the City Attorney to conduct the election. Attorney Kaheny asked for nominations for the office of Chairman. MSUC (Potter/Acton) to elect John Dorso as Chair. Attorney Kaheny asked for nominations for the office of Vice -Chair. MSUC (Dorso/Croshier) to elect Harriet Acton as Vice -Chair. 4. Report by City Attorney John M. Kaheny. Attorney Kaheny noted Deric Prescott has been commissioned as a Lt. in the Air Force as of'10/4/01. Larry Brietfelder inquired when the proposal regarding a change in the July date for election of officers might go on the ballot. He was informed nothing would go on the March ballot due to the high costs. Attorney Kaheny distributed the San Diego County Election Campaign Finance and Control Commission report. Mr. Kaheny talked with Deputy DA Don MacNeil who indicated more changes would be forthcoming. The transfer of money issue has arisen, but basically transferring money is an expenditure not a contribution, and has strict scrutiny standards. Many local ordinances contain this provision, but it has never been enforced or challenged. If it is challenged, it will most likely fail. Mr. Kaheny advised the Clerk, however, it is the City Attorney's job under the ordinance to defend its constitutionality. It effectively shuts down the transfer of contributionsbecause candidates don't want to violate an existing ordinance while campaigning. Nobody wants to raise the issue of its repeal because no clear case on point exists. The City Attorney will continue to work with Mr. MacNeil. The DA wants a uniform ordinance adopted throughout the county. Charter Review Minutes September 17, 2001 Page 2 Chair Dorso inquired what the Commission's role is in the finance campaign referral. Mr. Kaheny stated the Council wants a report back and he is prepared to draft a report and inform Council. It's an ordinance problem not a Charter problem, but came back to the Commission when term limits and linking contributions was reviewed. There are no other large pressing issues at the present time. He has not heard anything about the City Manager's task force to review the police review board. He will check on its status with Deputy Attorney Nora Smyth. There has not been a lack of confidence in the Police Department. 5. Public Comments. None 6. Members' Comments. Chair Dorso asked Commissioner Croshier to report back on Petra Barajas' complaint. Mark Croshier investigated the complaint at the 7/11 on E Street where she alleged there was an unlawful detainment or harrasment on May 26. Mr. Croshier invited Ms. Bar aj as to accompany him to the Police Department, in the hopes if there was an injustice, it would be discovered. However, she declined. After an extensive search of numerous dates, no such incident could be located in Police files. He informed Ms. Barajas of the results. Member Acton noticed two recent newspaper articles concerning problems Ms. Barajas had with the City. Chair Dorso commended Mr. Croshier for his extensive effort. Commissioner Prescott distributed his research concerning the campaign limits local cities have. In San Diego County, $3,000 is the limit in San Marcos, and Chula Vista is the lowest at $250. A $500 limit might be something a city of our size would consider. The Chair requested the members review Mr. Prescott's materials and if the issue should arise again, the benefits of.his research will be useful. Ms. Acton noted the $250 maximum was established by the Ethics Commission when she was Chair. 7. Adjournment. MSUC (Acton/ Prescott) to adjourn the meeting at 5:15 p.m. to the next meeting to be at the call of the Chair. J:\1orraine\crc\minute\9-17-01 dolvl16� �� -- Lorraine Kraker, Secretary