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HomeMy WebLinkAboutcc min 1984/08/02 MINUTES OF AN ADjOURNED REGULAR MEETING CITY COUNCIL OF CHULA VISTA, CALIFORNIA Thursday, August 2, 1984 3:30 p.mo Council Conference Room ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Moore, McCandliss, Malcolm Councilmembers absent: None COMPLETION OF INTERVIEWS AND APPOINll~ENTS TO THE VARIOUS BOARDS AND COMMISSIONS The Council interviewed Mr. Curtis Lee, me~er of the Board of Appeals and Advisors who is requesting a reappointment. MSUC (Scott/Moore) to reappoint Mr. Lee to the Board of Appeals. PLANNING COMMISSION APPOINTMENTS At the meeting of july 28, the Council selected five candidates to be considered for the two vacancies on the Planning Commission. It was the concurrence of the Council that for the first ballot, each Councilman vote for three candidates and the candidates getting three or more votes would stay on the ballot. The following votes were taken: McCandliss: ~ugenberg, Carson, Coupar Moore: Tugenberg, Casillas, Carson P~yor Cox: Carson, Casillas, Coupar Malcolm: Carson, Tugenberg, Litchy Scott: Carson, Tugenberg, Coupar MSUC {Scott/Malcolm) to appoint joanne Carson and Robert Tugenberg to the Planning Commission. The Council recessed the meeting at 3:50 p.m. and reconvened at 4:00 p.m. SPECIAL MEETING OF THE CITY COUNCIL la. RESOLUTION 11716 CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD NOVEMBER 6, 1984 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS PROPOSITIONS AMENDING THE CITY CHARTER {City Attorney) b. RESOLUTION 11717 REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION (City Attorney) Adjourned Regular Meeting - 2 - August 2, 1984 c. RESOLUTION 11718 APPOINTING THE REGISIRAR OF VOTERS DEPUTY CITY CLERK TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE SPECIAL MUNICIPAL ELECTION (City Attorney) Clmairman of time Charter Review Committee, Norm Williams, presented and discussed the following five Propositions being recommended by the Charter Review Committee: 1. Permitting to City Council to appoint non-residents to Boards and Commissions (created by Council) and to permit all Boards and Commissions to act upon a vote of the majority of tile quorum as opposed to the majority of the entire membership. 2. Ensuring Civil Service protection for present mid-management level positions. 3. Establishing the annual salary for the Nayor at $35,000. 4. Establishing time salary for the Councilmembers at $12,000 per year. 5. A housekeeping measure defining the term of time City Council at four years. Councilman Scott clarified the City Attorney's analysis on the salary for the Councilmembers wherein the Attorney stated the total compensation comes to $7,1~2 per year. Councilman Scott stated it should read "$6,552 plus $50 per month out-of-pocket expenses." Councilman Moore said he had concerns with the majority vote amendment. Fie sees a weakness bull t into this amendment whereby Commissioners could take advantage of not attending time meetings inasmuch as decisions can be made by a quorum present. Councilman Scott agreed stating the first proposition is too broad covering two separate matters and should be separated. Council discussion followed regarding recent votes by the Planning Commission in which only four or five Commissioners were present. The motions in those cases, althougll receiving an affirmative vote of the Planning Commission, constituted a denial, since the majority of time Planning Commissioners were not present. Time applicants then tlave to pay an additional $1,000 to appeal to time City Council. Councilman Scott suggested in cases such as timis, time applicant simoul d not have to pay for the appeal. Council trailed the rest of this discussion at 4:25 p.m. in orOer to hear the Consultant's discussion on the bus colors. JOINT MEETING: CITY COUNCIL/REDEVELOPMENT AGENCY PRESENTATION BY CONSULTANT ON BUS COLORS Miss Diane Valimovich from the firm of Color Me Beautiful presented three options to the City Council for the color of the exterior and interior buses: Adjourned Regular Meeting - 3 - August 2, 1984 Combination No. 1 termed "HIGH TECH FAS~ TRACK" with dominant exterior colors of blue or deep wine. Combination No. 2 termed "BEACH RESORT" or "CASUAL COMFORT" exterior colors medium blue or clear red. Combination No. 3 termed "TROLLEY IDENTITY" exterior colors blue-red to match the trolley. Interior colors were in combinations of hues to match the exterior. Council discussion followed regarding the various color combinations; the roof color which might generate heat; the exterior being for the looks of the bus and the interior for the riders; the combination of colors can be mixed - for instance Combination No. 1 exterior could be matched with Combination No. 2 interior colors. MS (McCandliss/Scott) to approve Combination No. 1 both interior and exterior. The motion failed by the following vote to-wit: AYES: McCandliss, Scott NOES: Cox, Malcolm, Moore ABSENl: None MSC IScott/Malcolm) to approve Combination No. 1 exterior (solid burgundy) with Combination No. 2 interior - (cool beach tones). The motion carried with Councilwoman McCandliss voting "no". At 5:00 p.m. the Council resumed discussion on the Charter amendments. Proposition "A'~ Council discussion continued on the advantages and disadvantages of having a majority vote of the quorum present at board and commission meetings. City Attorney Harron explained the problem lies with both the Planning Commission and the Design Review Committee. He indicated this provision could be taken out of the Charter and the Council could adopt the regulations by ordinance. Councilmembers concurred that if the applicant does not receive a majority vote of the entire Commission s/he could ask for a continuance; the public hearing would not be closed but continued to a date certain; the Commissioners who were absent would have to listen to the tape of the meeting to be able to vote at the next meeting; the applicant could be given tile choice at the beginning of the meeting if he wishes the item to be considered; the appeal would automatically come to the Council without fee. MSUC (Cox/Moore) to accept the recommendation of the Charter Review Committee on ~e first Proposition but have it read "an amendment to the Charter of the City of Chula Vista amending Article VI, Section 600 permitting the City Council to appoint non-residents to boards and commissions which are created by the Council". Adjourned Regular Meeting - 4 = August 2, 1984 MSUC (Malcolm/Scott) to direct the City Attorney to come back with an ordinance changing the appeal process i~= not a quorum or less than seven members of the Planning Commission present (and no recommendation is made), the applicant can request a rehearing to the next meeting or appeal without fee to the City Council. This would also apply to a tie vote. The Attorney is to bring this back at the meeting of August 7. Mayor Cox asked that the Attorney's impartial analysis be considered by the Council at the meeting of August 7. Councilwoman McCandliss asked the City Attorney to report on the number of times this issue has occurred in the past. PROPOSITION "B" ENSURING CIVIL SERVICE PROTECTION FOR PRESENT MID-MANAGEMENT LEVEL POSITIONS MSUC IMalcolm/Moore) to approve Proposition "B". PROPOSITION "C" ANNUAL SALARY FOR THE MAYOR AT ~35,000 MSUC (Malcolm/Moore) to approve Proposition "C". In ans~er to Council's questions, City Attorney Harron stated the wording of the Arguments for both the Mayor and the Council was taken out of the text presented by the Chamber of Commerce. PROPOSITION "D" SALARY FOR THE COUNCILMEMBERS AT $12,000 PER YEAR Councilwoman ~cCandliss expressed her support of having this amendment on the bal 1 ot. MSUC (Nalcolm/Cox) to approve Proposition "D". PROPOSITION "E" ~ERNS OF OFFICE FOR THE COUNCIL City Attorney Harron explained the four-year term has always been the law; but this Section was inadvertently deleted the last time the Section was amended. MSUC (Cox/Malcolm) to approve Proposition "E". City Clerk Fulasz referred to her written memo to the Council asking whether or not the Council wished to have rebuttals to the arguments. NSUC (Scott/Moore) to allow no rebuttals to the Arguments. In answer to Councilman Scott's query, City Attorney Harron explained that the Charter Review Committee did consider Section l l05 on the four-fifths vote for any amendment to the budget. It was the concurrence of the Committee to leave this section unchanged. Adjourned Regular Meeting - 5 - August 2, 1984 Council nkln Scott discussed the contingency fund approved by a n~jority of the Council at the last budget session. He stated the contingency fund should be used only for those items which need a four-fifths vote and requested a policy on this use noting parameters should be set. MSUC {Scott/McCandliss) staff be asked to bring back a policy on the utilization of the Contingency Fund with various options. City Manager Goss stated the staff sObmitted a general policy to the Council. Councilwoman McCandliss said she attended the meeting of the Charter Review Committee in which they discussed the four-fifths vote. Since it was one of the first sections put into the Charter, they felt it had good budgetary reasons for remaining. RESOLUTIONS OFFERED BY COUNCILWO~N McCANDLISS, the reading of the texts were waived by unanimous consent, passed and approved unanimously. UNANIMOUS CONSENT ITEMS 2. RESOLUTION 11719 REQUESlING THAT THE LEAGUE OF CALIFORNIA CITIES RECOMMEND A CHANGE IN STATE LAW TO INCREASE MOBILE HOME PARK INSPECTION FEES OR REQUIRE GREATER STATE ENFORCEMENT IN SAN DIEGO COUNTY ICity Manager) In answer to Council's questions, Director of Building and Housing Grady explained the State allows cities to collect these fees; however, it does not permit full-cost recovery for permits and inspections. In order to provide better level of service than can be provided through the State, local jurisdictions should be able to charge higher fees in order to fund the staff hours needed to better handle permits and investigations. RESOLUTION OFFERED BY COUNCILMAN SCO~T, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC INoore/Scott) to ask the City Manager to put in his letter along with this resolution for the League of California Cities to pursue full-cost recovery as authorized by the State. 3. RESOLUTION 11720 OPPOSING SB 2216 LIMITING THE RIGHT TO GO INTO EXECUTIVE SESSION ON LITIC~ATION ICity Manager) The City Attorney referred to his written report on this legislation stating it would place unnecessary and potentially harmful restrictions on the City's right to confer with its Attorney with regard to litigation in Closed Session. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. Adjourned Regular Meeting - 6 - August 2, 1984 SPHERE OF INFLUENCE SB 1319 Councilman Malcolm submitted the Legislative Committee's report on this bill which would prohibit LAFCO from conditionally approving an annexation after january l, 1985 which would result in a conversion of prime agricultural land to a non-agricultural use if LAFCO has not adopted spheres of influence for each local government entity in the County which provides facilities or services related to that development. Councilman Malcolm noted that a lack of a sphere in North County could block annexation of EastLake, even though Chula Vista and all the Special Districts within the City's sphere of influence have adopted sphere studies. The Committee recommends opposition with a recon~nendation that the legislation be modified to indicate its effect on San Diego County. MSUC (Malcolm/Cox) to oppose SB 1319. Mayor Cox discussed the pending annexations~ If these annexations are not completed by December 31, the City would have to wait until a Sphere of Influence Study is done. The Mayor stated he would like to see the staff complete tile annexations that are pending as soon as possible and to get some clarification as to tile legislation regarding annexations submitted before December 31 - can they be grandfathered in? MSUC {Cox/Moore) to ask staff to get some clarification from the State as to what the intent of the legislation is. Do time annexations have to be completed before December 31 or if once submitted can they be grandfathered in? MSUC {Cox/Malcolm) to direct staff that whatever outstanding annexations are pending, staff be directed to move forward in an expeditious manner to make sure they do this prior to t~me end of this year. DAIS SEATING ARRANGEMENT Mayor Cox submitted his recommended dais seating arrangement noting the City Attorney and the City Manager would be seated to h i s right and the Councilmembers would be seated to his left beginning with the Vice-Mayor and following with successions of Vice-Mayors. In discussion, the Council noted time seating arrangement in the old Council Ct~amber; the viewing of the Council for the transparencies and the disadvantage of not having the Mayor seated directly in time middle of the dais. Mayor Cox stated he would like to try this seating arrangement and see how it works out. MSUC (NcCandl iss/Moore) to approve the ~4ayor's recommended seating arrangement. COUNCIL COMMENTS a. Councilwoman McCandliss commented on the Olympic sign taken down by a "young Republican". Adjourned Regular Meeting - 7 - August 2, 1984 b, Councilman Scott discussed the Bonita/Sunnyside Fire District contract noting the resolutions establishing automatic aid fire services agreements with the Cities of San Diego and National City. The agreements provide that the nearest fire company will respond to calls for service, irrespective of jurisdictions. These agreements do not provide for any monetary exchanges as opposed to the current agreements with Montgomery and the Bonita/Sunnyside District which require annual payments by the City. In the staff's analysis, the recommendation was to terminate tile agreement wii~l the Bonita/Sunnyside Fire District after the City moves into a new fire station being constructed at East "H" Street and Ridgeback which should be completed within tile next 12-18 months. his (Scott/Moore) to send a notice to the Bonita/Sunnyside Fire District that the contract will be terminated in 18 months. Tile Council discussed with the City Manager the date the new fire station would be completed; giving the Bonita/Sunnyside Fire District at least a one-year notice rather than the six months after completion of the new fire station. SUBSTIlUlE MOTION MSC (Scott/Malcolm) to write the Bonita/Sunnyside Fire District a letter stating Council's intent to terminate the contract within 18 months (tentative date). Six months prior to completion of the new fire station, the City Manager can send the Fire District a letter terminating the agreement. Councilwoman McCandliss abstained from voting since she was not present for the entire discussion. c. Councilman Malcolm discussed the deletion of the runoff election approved by the voters at the last election. He stated that although he voted for it at that time, he has now reconsidered the matter and feels the City should have runoff elections. Councilman Scott agreed, noting that with the City elections now being held in November, tt~e runoff election would have to be held in June of the following year. (City Manager Goss left the meeting at this time 6:40 p.m. ) MSUC (Scott/Malcolm) to bring this item back to the Council for discussion at the meeting of August 7 (the old Charter provision and whatever changes to be made ). d. Councilwoman McCandliss discussed the hazardous waste materials issue confronting various communities throughout the State. She suggested the Mayor, as a member of the Board of the League of California Cities, propose to the Board that special session be held on this subject so other communities having the same problem could meet with State officials and get more information on the subject. Adjourned Regular Meeting - 8 - August 2, 1984 MSUC IMcCandliss/Scott) for the Mayor to take to the League o~ California Cities the possibility of holding a Special Session for cities that have problems with hazardous and toxic materials (to be set for either the September Conference or sometime after that). The joint meeting of the Council/Agency adjourned at 6:45 p.m. to the meeting scheduled for Tuesday August 7, 1984 at 7 p.m. WPG:~62C ~G