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HomeMy WebLinkAboutcc min 1978/02/23 MINUTES OF AN ADJOURNED RiEGULAR MEETING OF THE CITY COUNCIL OF THE CItY OF 'CNULA VISTA, CALIFORNIA Held Thursday - 4:10 p,nl, February 23~ 1978 An adjourned regular meeting of the City Council of the City of Chula Vista, California~ was held on the above date beginning at 4:10 p,m. in the Council Conference Room, City Hall 276 Fourth Avenue. ' ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Scott, E~dahl Councilmen absent: Councilman Hobel Staff present: City Manager Cole, City Attorney Lindberg 1. JOINT MEETING WITH THE CHARTER Mayor Hyde acknowledged the Charter Review REVIEW COMMITTEE TO DISCUSS Members present: Chairperson Lois Richards~ RECOMMENDATIONS FOR CHARTER Members Holland, Weimer, Hoysa and Morrison. AMENDMENTS Submittals Chairperson Richards submitted the proposed Charter changes along with a summary of the section number changes. She noted the charge given to the Committee- review and update the entire Charter. In line with that, they are suggestinQ the Charter be renumbered. The two major items are (1)the change in the election date and (2) the "rule of three" as it applies to the Civil Service procedure - selecting an employee from the top three certified on the list (Section 800). The Committee is suggesting the department heads be allowed to select "from the top" and not necessarily the top three. Motion to consider at March 14 Noting the volume of the information submitted, meeting (the complete text of the Charter), the Council con- curred that they needed time to review the manual. It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried by those present that action be deferred on the proposed Charter changes (house- keeping measures) until such time as the Council has time to examine them and schedule them for Council deliberation of the meeting of March 14, 1978. Time element City Clerk Fulasz remarked that all proposed changes to be placed on the June ballot must be translated in Spanish - this will take up to two weeks - and the complete package must be placed on the Board of Supervisors agenda of March 21 and be in the hands of the Registrar of Voters by March 24. Election Date Change Proposed Mayor Hyde summarized the chan~es proposed by the Committee: have the Mayor's election coincide with the Councilmen's election and a preference to consolidate with the Statewide primary election in June, An alternate to this was proposed whereby the City would conduct its general municipal election at the same time as the general law cities. Chairperson Richards said the Committee felt very strongly that the savings and convenience to the voters plus a chance for a larger turnout far overrode any other factors in making this election date change. Adjourned Regular Meeting -2- February 23, 1978 AB 2224 She added that the Committee is aware of AB 2224 sponsored by Assemblyman Young which is a proposal to change the school elections from odd-numbered years to even-numbered years, The school districts contacted in this community supported the consolidation but not the April date - they preferred the March date, Mrs. Richards added that if this Bill becomes law, the Committee felt it was the best way to go. She then dis- cussed the problems arising in consolidating the City elec- tion with that of the school districts notino of the boundary changes of each school district (going outside the City limits). Section 300 Mayor Hyde commented that, as he read this Section, it Members, Eligibility and indicated that a person who served two terms as a Council- Terms man would not be eligible to run for Mayor unless a year had elapsed. Mrs. Richards said that this was not the intent of the Committee. Mayor Hyde read that Section of the Charter declaring that the Charter was misprinted and this was not the language voted on by the electors in the 1976 election -- a line was left out (a clerical error) in typing the Charter. Motion to change wording It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried by those present that after the word "Councilmember", insert the words "or Mayor respec- tively'', Actual Ballot Language City Attorney Lindberg read the actual ballot language: "No person who has held the office of Councilman for a period of two consecutive terms or the office of Mayor for two consecutive terms may again seek nomination and election to said office of the Councilman or Mavor until a period of one year from the termination of their second term has elapsed.,, Mayor Hyde stated this was the language voted on and the Charter should reflect that. Mrs. Richards indicated that the Committee was not aware of this omission in the Charter. Alternate Proposals for Mrs. Richards noted the alternatives proposed by the Com- Election Dates mittee designated by Exhibits "A" and "B", She explained that Exhibit "A" coincides wi~h the Statewide June pri- mary election date and "B" coincides with the general municipal election for general law cities in even-numbered years. Therefore, if the assembly bill passes (AB 2224), there would not have to be another Charter chanqe, Date new Councilman A brief discussion was held on the alternates suqgested assumes office by the Committee. Mrs. Richards explained that the dates suggested depended on which election date the Council accepted. Section 1000 Mayor Hyde referred to Exhibit "B" - alternate proposal General Municipal Elections for the election date change which would prescribe that the municipal election be held the same as for general law cities in each even-numbered year. The runoff, if necessary, would be held on the date of the statewide primary election in each even-numbered year. Adjourned Regular Meeting ,3- February 23~ 1978 Motion to approve election It was moved by Mayor Hyde~ seconded by Councilman Egdahl date change and unanimously carried by those present to approve Section 1000, Exhibit "B" as the Charter change proposal. Discussion Council discussion ensued as to the number of times the election date has changed; consolidation with school elections and the Charter requirement to consolidate the municipal election with that of the elementary school district. Mayor's election City Attorney Lindberg, in answer to Council's ouery, stated that this Section (1000) also includes the proposal to change the election of the Mayor from the odd-numbered years to the same as that for Councilmen, The word "Councilmembers" in this section included the office of Mayor. Discussion Discussion ensued with each of the Councilmen and the Mayor giving his views on the consolidation of the Mayor's election with that of the Councilmen. Discussed were: (1) the Mayor's election overshadows that of Councilmen and should be held separately; (2) the cost of the Mayor's election - if consolidated with the school election would cost approximately $18,000 and this could be the proposed salary for the Mayor for one year; (3) incumbent Councilmen running for Mayor; (4) suggestion by Councilman Egdahl to include the Mayor's race with that of the Councilmen and require that any incumbent Councilman who choose~ to run for Mayor be required to give up his term as a Councilmember as of the election - automatically. City Attorney Lindberg said this last suggestion was a legal one; however, the question that would be raised would be that anyone who declared his intent to run for Mayor, his Seat would automatically be vacated - this could mean that the entire Council may have to vacate their seats. Councilman Egdahl responded that at the time any Council- member takes out papers for the office of Mayor~ the community would be aware of these forthcoming vacancies and thus the people would run for the Council. Motion to modify Section It was moved by M)yor Hyde, seconded by Councilman Scott 1000 and unanimously carried by those present that Section 1000, Exhibit "B" (Gemeral Municipal Elections)be modified to delete the last three lines: "The Mayor elected in 1977 shall hold office until the general municipal election for general law cities in 1982 and until a mayoral successor is qualified." Clarification of Motion Councilman Egdahl commented that another compromise would be to tag the Mayor's election with that of the Statewide- required elections for school districts ~ whatever that may be (presently it is March in the odd-year). Mayor Hyde stated ~hat another sentence should be put in this Section to reflect when the Mayor will be elected -- consolidated with the Statewide - required date for the school elections, Motion to add sentence It was moved by Egdahl, seconded by Councilman Cox and unanimously carried that the following language be added to this Section: "The election of the Mayor shall be con- ducted concurrent with the election for school district elected officials as mandated by the State Election Code. If the election is shifted to an even-numbered year, theO the Mayor will continue to serve for another year - until the following March." (Mayor Hyde noted that the suqgested language may have to be changed by the City Attorney.) Adjourned Regular Meeting -4- February 23, 1978 Clarification of motion Mayor Hyde stated that there is no change as far as the current scheduling of election for the Mayor - it will fall in the odd-numbered years unless there is a change in the elections scheduled for the school districts. Section 300 City Attorney Lindberg stated he would change the lan- Members, Eligibility and guage of this Sect}on to reflect that as in the original Terms ballot proposition. Councilman Egdahl suggested adopting Exhibit "B" of Sec- tion 300 w~ich was designed to follow Exhibit "B" of Section 1000 which the Council just adopted with modifi- cation. Motion to adopt Section ~t was moved by Mayor Hyde, seconded by Councilman Egdahl 300 with modification and unanimously carried by those present to approve Section 300, Exhibit "B", with the provision that the languaqe be clarified with regard to the two-term limits. Plurality clause Councilman Scott remarked that the Section contains the plurality clause -- "plurality and at least 4n% of all votes cast for the seat of Council or office of Mayor." Discussion followed regarding the existing requirement of a majority vote for the offices; the cost of a run-off election; votes cast in previous elections; requirements of other cities throughout the State. Councilman Egdahl suggested the requirement be for either 50% or a margin in the plurality of a least 15%. Discussion centered around the percentage of the plurality margin; the number of elections held throughout the com- munity; the 40% being a pro-incumbent measure; the number of candidates running in one election; cost of the elec- tions. Motion to amend Section It was moved by Councilman Egdahl, seconded by Mayor Hyde 300 and unanimously carried by those present that the last paragraph of Section 300 be deleted and the section be amended with the intent that "in order for a cmndidate to be elected for any numbered Council seat 1 through 4 or for the office of Mayor, the candidate must receive a ~&jority vote or a plurality vote with a margin over the next nearest candidate of at least 25% of the votes cast." Discussion of motion Councilman Scott spoke a§a~t~tbe motion stating that there hasn't been enoughi~time to study the ramifications of the presently required majority vote - only two elec- tions have been held under this provision. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Egdahl Noes: Councilman Scott Absent~ Councilman Hobel UNANIMOUS CONSENT ITEM 2. ORDINANCE NO. 1789 The ordinance provides the synopsis of the propositions PROPOSING AND SUBMITTING and the measure to be put on the April ll, 1978 ballot. TO THE ELECTORS OF SAID CITY AT THE GENERAL MUNI- CIPAL ELECTION TO BE HELD IN SAID CITY ON THE llTH DAY OF APRIL 1978, CERTAIN PROPOSITIONS TO AMEND THE CHARTER OF THE CITY OF CHULA VISTA AND A MEASURE AUTHORI- ZING LOW-~NCOME HOUSING - F~RST READING AND ADOPTION Adjourned Regular Meeting -5- February 23~ 1978 Motion to adopt It was moved by Councilman Scott that this ordinance be placed on its first reading and adopted and that the reading of the text be waived by unanimous consent of those present, (Councilman Egdahl left the meetin~ after the vote.) The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Cox, Hyde Noes; None Absent: Councilman Hobel 3. CITY MANAGER'S REPORT Resignation of Personnel City Manager Cole announced that the Director of Personnel Director has submitted his ~esignation effection March 20, 1978. Behr Bill Mr. Cole submitted a League bulletin of the Senate Bill 1 - Behr Bill on the Homeowner and Renter Property Tax Relief, and asked for Council's support, This Bill will be heard before the Assembly on February 27. Motion for Mayor to send Letter It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried by those present that the Mayor be allowed to do whatever is appropriate (regarding this Bill.) Mayor Hyde said he would address a communication to both Senator Mills and Assemblyman Deddeh asking for support of this Bill. letter from Registrar Councilman Cox made reference to the letter received from of Voters the Registrar of Voters askinq for Council's comments regarding consolidations with the June Statewide primar~v election. Motion to oppose It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried by those present that the Council is basically opposed to this change. Status of Billboards In answer to Councilman Scott's query, City Attorney Lind- berg explained that the City is awaiting action by the Supreme Court of the State relative to the San Diego case - the City is "friends of the court" in this matter. Mr~ Lindberg indicated that the matter may resolved by the Spring of this year. Mayor Hyde announced that the Board of Supervisors has taken action to establish an Economic Development District encompassing Imperial County, San Diego and Baja. Motion for Mayor to It was moved by Councilman Scott, seconded by Cox and participate unanimously carried by those present that if invited, the Mayor participate in this Committee. ADJOURNMENT Mayor Hyde adjourned the meeting at 5;58 p,m, to the meeting scheduled for Tuesday, February 27, 1978 at 7:00 p,m.