HomeMy WebLinkAbout1997-10-27 CRC MINS MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
CHARTER REVIEW COMMISSION
October 27., 1997 Council Conference Room 4: 30 p.m.
MEMBERS PRESENT: John Dorso, Jack Blakely, Harriet Acton,
Barbara McAllister and Deric Prescott
MEMBERS ABSENT: David Potter and Bob Campbell
STAFF PRESENT: City Attorney John M. Kaheny
The meeting was called to order at 4: 35 p.m.
1. Roll Call.
The roll was called and all. members were present except Members
Campbell and Potter.
2 . Approval of Minutes.
MSUC (Blakely/Acton) to approve the minutes of September 15, 1997
as presented.
3 . Comments regarding District Elections
Prior to Councilman Moot's address to the Commission, Chair Dorso
commented that this commission is not rushing to judgment. .There is
A lot of work to do and a lot of information needs to be provided.
There is still a long way to go. Councilman Rindone was heard from
at the last meeting and this Commission will hear from you.
Councilman Moot stated that this issue is something that should not
be rushed into. The notion to have district elections is a
positive one and there may be many benefits from having district
elections although there may be some unintended circumstances. It
might be helpful to the Commission to share his thoughts and ideas
on the subject based on having walked every section of this City in
the process of his last election.
There are several options available. One viable option is going to
district elections but there may be potential unintended
circumstances that may be associated with district elections. When '
you go to district elections, by definition you're going to have to
begin drawing lines where lines do not exist. People within their
district tend to get very parochial and the. needs and concerns can
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and may supersede what is in the best_ interest of the City at
large.
What comes to mind was the inability of the City of San Diego to
decide to relocate the airport to a better location to Miramar and
the fear of reaction in their district. This is one example of
what happens when you go to district elections. Do the concerns of
the part of the city predominate the concerns of the city as a
whole?
An important decision Councilman Moot made was SR-125 and whether
that road should have the full support of the Council. The vote
was unanimous. A popular myth is that the east side gets the most
and the .west side is ignored. Major infrastructure improvements of
the Montgomery area were traditionally ignored when it was part of
the County and the Council unanimously agreed on two major
significant projects - South Chula Vista Library and the Otay Gym.
It is possible - and history bears out - that Council can work .
together in all sections of the City and do so in a responsible
manner.
Whether or not benefits of dividing up the City and having people
elected from only part of the City will work in the long term is
something the Commission will have to debate and ultimately
citizens of Chula Vista will have to debate again and look at how
these things typically happen. How will the City handle elective
representation is an interesting challenging issue the Commission
.will have to face, an issue of great importance and very important
changes to the charter.
Member Blakely asked whether residency only vote citywide would
have any bearing on how he felt? Councilman Moot replied that
nothing is written in stone in terms of how you would do it.
Member. Acton, for the record, quoted from the previous minutes
"Rindone not proposing district elections but having four council
seats filled from four geographic areas to balance the
representations. Candidates will require a majority to win the
primary, otherwise there will be a runoff. " Is the geographic area
a boundary? Member McAllister asked "What is the difference?"
Councilman Moot responded by stating that the School Board in San
Diego has a primary election confined to a geographic district you
are assigned to and the general election goes citywide. The
confusion may lie .in that a primary election only your district
votes and in a general election whomever wins, wins citywide. One
point you may need to think through, whatever youfre trying to do,
there are different ways and different options available and' then
decide whether change will in fact resolve or go along with
changing the Charter for the City.
Member Potter commented that unity is very important and the
greater interest of the City has been maintained regardless of
where people live and in .a certain community can only experience
beliefs or understandings of the problems of the City just by
living there. If that is an important enough reason to encourage
greater representation on the Council by having someone living in
a certain geographic location can you-understand the problems or is
it the opposite regardless of where they live?
Councilman Moot commented that by sharing his personal experience
and having learned a lot by walking precincts and different parts
of the City, seeing no sidewalks, power poles not underground,
rundown areas and neglected in the Montgomery area, if he was
assigned an eastern district and was trying to get elected, in all
honesty he probably wouldn't have walked the Montgomery area. Can
the needs of the people by identified in certain areas without
living there? Looking at the past Councils, yes they can.
Member Blakely asked whether decisions in today's Council being
made for the future after the year 2000 carry a lot of weight east
of 805 because a councilmember lives there? Does that happen?
Councilman Moot responded by stating that human nature being what
it is that might happen. In his observation the very skills one
has in being elected to a political office are the very skills that
have to be abandoned in order to become a good representative.
4. Memo from City Manager regarding Proposed Changes to Election
Procedures
Item No 4 . was tabled to another meeting due to the length of
the document and needing more time to review it.
5. 'Council Referral regarding Fiscal Year Calendar
(A) Discussion by Budget Manager Dawn Herring on the Budget
Process
Budget Manager Dawn Herring presented a brief overview of the
budget process. By virtue of the Charter a lot of factors are
involved in this lengthy process. July 1 begins the preparation of
the next year's budget, with departments preparing in Oct. through
Dec. , budget analysis and review are done from Jan. and Feb. and
the City Manager makes decisions for City Council and the public by
the beginning of May. By changing the fiscal year, the same
process still has to be followed. When a budget is being forecast
in October, revenue estimates aren't received from the County and
state until February. The best estimates don't come in. until April
or June therefore there is a lot of projection. Staff hasn't
gotten very good at it and there are still a lot of revisions and
once the budget becomes a living document and adopted, amendments
are still made as things change throughout the year so that is not
a problem. One issue that needs to be clarified is the one with
the state. There is a perception that the state has tremendous
impact on our economic situation. The City receives revenue in the
form of sales tax and the largest portion comes in property tax.
These are the City's biggest sources of -revenue. The City also
! receives money through motor vehicle in lieu which are payments of
registrations and those, types of fines which are fixed amounts and
the City will continue to receive.
What has happened over the past several years the state has taken
liberties in interpretation and definition, what can be passed,
what goes to the City and what the -state can keep. Cigarette tax
monies used to come to the cities now the state has decided to keep
them by changing the rules of the game. They also took a loophole
in the property tax and took that money away. Typically we live on
revenues that come to us without any other influence and there have
been some very unusual rules in the past several years. When
things even out, we'll be able to keep what we have without the
state .trying to pick whatever pockets we have.
We are also in the process of doing an analysis of a multiyear
budget and could include. it with the subject of changing the fiscal
year and other alternatives. We can look more at the pros and cons
in that kind of report and bring back to you.
Member Blakely: What are the drawbacks, if any?
Budget Manager Herring: There's still . a lot of research to do.
There's still the same hurdles to go through and we would have a
better idea of our revenues. There may be some downsides not
discovered yet. We will be talking to other agencies who have gone
through that process and see what's gone well and what problems
there may be. We can bring that information back to the Commission
if the Commission so wishes. Manager Herring would work with the
Commission Secretary as to when the report would come back.
6. Report by City Attorney John M. Kahenv_
At the last meeting Commissioner McAllister inquired if Proposition
208 would impact Chula Vista. There is no formal report as yet.
This particular issue had to do with provisions of 208 that
prohibited citizen appointees ' by councilmembers or council
campaigns. There's some research from City of San Diego on that
issue but can't speak for its worth at this point. One of the
issues is being litigated in Northern California - campaign
contributions by commissions appointed by council members or by
mayoral or by city council in the next election is part of 208 -
and subject of a lawsuit. There aren't many details on it but can
get back to you and let you know where we are. It is problematic
because in a city like Chula Vista hundreds of people who sit on
boards and commissions participate in the politic process and would
be cut out of it.
Commissioner McAllister stated that the City of Escondido has
already issued a letter to all commissioners regarding
contributions. The City Attorney stated so had the City of San
Diego. Like most propositions in California it may be years
before we find out what's legal and what's not. Commissioner
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Blakely asked if whether it would not be wise for the City 'Attorney
to issue this letter of warning to the boards and commissions.
City Attorney Kaheny stated that by the time he received opinion
letters there would be other lawsuits filed therefore it would be
best to have it altogether so he could better advise everyone.
Commissioner McAllister inquired if it is a lawsuit and a decision
being reached before the next coming election pretty small we would
be under the FPDG interpretation of 208. City Attorney. Kaheny
replied that the litigation on 209 the initial court ruling was. put
on hold and did not know what the status of that lawsuit was and
wanted to make sure of where they were.
7. Members' Comments
Councilman Rindone deferred. to Councilmember Mary Salas who thanked
the Commission for the ability to speak to them on this very
important topic and to bring as many perspectives to the table.
There is much hard work ahead and if there are to be any charter
changes and to have as much participation of as many people as
possible.
Having run in the November 1996 election the campaign to run began
as early as August 1995 . and cover as many precincts as possible
which included taking an unpaid leave of absence during the last
month of campaigning, not having the power of incumbency. Even
doing that only 40 out of 120 precincts were covered. You have to
make a lot of hard choices on whom to contact, look at the patterns
and still a lot of neighborhoods are going to be uncovered. If you
are to have representation and government close to the people we
need to start talking about making districts more manageable and
have the constituents get to know who you are and what you.'re all
about. Evolved now in the election process is how much money you
can raise to send mailers to reach those who will never see you and
make the right decision in the voting. Who knows. what motivates a
person to vote one way or the other.
Historically, gerrymandering has been done for the purpose of
achieving racial balance or creating a district that favors one
race over the other. Chula Vista is so diverse that there is not
one particular area which would be predominantly one group or
another. Councilmember Salas stated that she raised over $60, 000
on her campaign and that figure is obscene. Keeping costs down is
another reason for district election - not to say that district
elections are the answer 'but here to take part in exploring all
these things. Councilman Moot was very correct in saying when
we're looking at a Charter change we have to be really serious
about what we're doing in the long-term ramifications of it. .
Another point Councilman Moot brought up and was in total agreement
with was the idea of a fulltime council in the future. Chula Vista
is facing a change and the city needs to be fully informed.
Whether you may consider dividing the city into districts doesn't
necessarily mean "gerrymandering" or gang politics but it can't
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happen here in Chula Vista because of its diversity. Salas thanked
the Commission for its volunteer efforts and having one of the
highest responsibilities in the City.
Commissioner Acton asked if she had any ideas about the high cost
of campaigning and how to eliminate it - capping an allowance to be
expended or not accepting money?
Councilwoman Salas stated that ideas of capping have come forward
but the argument is you would curtail free speech. If everyone
would abide by the rules -- Prop. 208 talks about commissioners
participation which would mean every single commission could not
participate in this City in contributing or working. Commissioner
McAllister stated that you could work but couldn't contribute and
cannot be a treasurer for a candidate if that individual had
appointed you.
Councilwoman Salas commented on how chilling if we had to tell
every commission member that they could not contribute to any
candidate. That is certainly limiting free speech yet on the other
hand is if that commissioner because of his influence were able to
raise a lot of money because of that held position. Where do you
draw the line? Councilwoman Salas stated that she was able to come
to the Council very independent because there were no special
interest groups but fundraising is very difficult and keeps very
good people out of politics. Cutting up the City into districts in
minimize costs is only one aspect. You have to attack campaign
reform and lowering the cost.
8 . Public Comments.
Jorge Covarubbias stated to the Commission that Councilwoman Salas'-
point of view was a most important point. He also mentioned that
bringing the cost of running for election had to be more
reasonable. As a Sweetwater School District employee for 23 years
he would like to see more young people get involved in city
government.
Armando A.Y. Casillas addressed the Commission and stated that
having lived in the community for a number years also had personal
experience in campaigning for elections. He saw that winning
elections was not one of race but one that if one, does not have the
money or the basis of community support, one is not going to win
the election. He stated- that the Commission must look at other
models --- what have other cities and counties done?
9 . Adjournment.
MSUC (Blakely/Prescott) to adjourn meeting at 6: 02 p.m. to the next
meeting scheduled for November 24, 1997 4 : 30 p.m.
Secretary