HomeMy WebLinkAboutcc min 1984/08/07 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, August 7, 1984 7:00 p. m.
ROLL CALL
Council members present: Mayor Cox, Councilmembers Scott, Malcolm,
Moore, McCandliss
Councilmembers absent: None
Staff present: Acting City Manager Asmus, City Attorney
Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The pledge of AllegiancE. was led by Mayor Cox followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES for the meetings of july 24, 26 and 28, 1984
MSUC {McCandliss/Malcolm) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. Appointment of the Vice Mayor
MSUC ICox/McCandliss) to appoint Councilman Malcolm as the new Mayor pro
Tempore.
The new seating arrangement places the Mayor pro Tempore to the left of the
Mayor and Councilmembers in the order of succession. The City Manager and
City Attorney are seated to the right of the Mayor.
b. Oath of O~ice to newly appointed Parks and Recreation Commissioners
The Oath of Office was given to Marion E. Stille and Harry Claude Shank by
Deputy City C1 erk Guardacosta. Counci 1 man Mal col m presented the new
Commissioners wi ~ Certificates.
22. REPORT SAN DIEGO COUNTY HELATH DEPARTMENT'S REQUEST 70 MODIFY FIG
AVENUE HEALTH CENTER FACILITY TO PROVIDE FACILITIES TO
ACCOMMODATE COUNTY To B. CONTROL pROGRAM {Assistant City
Manager)
Mayor Cox suggested Item 22 be carried over for one week pending a full
Council.
MSUC ICox/Scott) to carry this item over to Tuesday, August 14.
City Council Meeting 2 - August 7, 1984
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
Nidia Wright 1769 B Rios Avenue, Chula Vista, CA 92011
Donald Wright, Minor
A claim was filed alleging personal injuries to Donald Wright, a minor
pedestrian struck by a vehicle on Otay Valley Road near Palm Avenue.
Investigation determined that the area in which the accident occurred is not
in the City of Chula Vista but rather is located within the County of
San Diego limits. It was recommended by Carl Warren and Company and the Risk
Management staff that the City reject this claim.
MSUC IMalcol~Cox) to reject the claim°
b. REQUEST FOR COUNCIL ACTION REGARDING BICYCLISTS ON THIRD AVENUE
~Chairman, Commission on Aging)
The Commission on Aging circulated a petition requesting the Mayor/Council to
direct adequate enforcement of the bicycle ordinance within the Third Avenue
Business District.
Acting City Manager Asmus stated there has been a sizable nu~er of citations
issued for persons riding bicycles on the walks in the last several weeks.
MSUC (Malcol~McCandliss) to accept the staff recommendation (to direct
adequate enforcement of the bicycle ordinance within the Third Avenue
District).
c. RESIGNATION OF NORMA M. K~vlERY EDMONDS FROM THE PARKING PLACE COMMISSION
EFFECTIVE AUGUST 8, 1984
Due to her husband's transfer out of Chula Vista, Mrs. Edmonds regretfully
offered her resignation as Parking Place Commissioner.
MSUC (McCandliss/Malcolm) to accept Mrs° Edmonds' resignation with regret and
to send a letter of appreciation for her work on the Commission.
d. COMPLAINT REGARDING STREET SWEEPING AND TRUCKS PARKING ALONG STREET - 200
BLOCK OF WHITNEY STREET (Mrs. C. Willjams)
Mr. Willjams complained of his street not being swept in the past eight months
due to the parking of cars and requested something be done about it.
MSUC (Cox/McCandliss) to refer this item to staff with an information report
to come back to tile Council on action taken on this item.
City Council Meeting - 3 - August 7, 1984
e. REQUEST TO CHANGE PALOMAR DRIVE TO PALOMA DRIVE (Dr. Stanley E. Monroe)
Dr. Monroe requested changing the name of Palomar Drive to Paloma Drive due to
Post Office and ambulance service confusion.
NSUC (Scott/Cox) to refer to staff for a report on the feasibility and
desirability of having a mailed ballot on this item.
f. REQUEST TO TRIM EUCALYPTUS TREES ON PROPERTY DIRECTLY BEHIND RESIAURANT
(EL TORITO RESTAURANTS, INC. )
The Manager of E1 Torito Restaurant at 271 Bay Boulevard requested tree
trimming behind the restaurant because of the signa9e visability impairment.
MSUC (Malcolm//Cox) to receive the request and for staff to prepare a letter
regarding City Council's action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING CONSIDERATION OF PROPOSED AMENDMENT TO CHAPTER 19.14
DELETING FOUR-FIFTHS VOTE TO OVERRIDE PLANNING
COMMISSION ACTION (Director of Planning)
a. ORDINANCE 2074 AMENDING SECTION 19.14.130 OF CHAPTER 19.14 OF THE
MUNICIPAL CODE DELETING THE FOUR-FIFTHS VOTE BY THE
CITY COUNCIL TO OVERRIDE PLANNING COMMISSION ACTION -
FIRST READING
This being the time and place as advertised Mayor Cox opened the public
hearing.
Director of Planning Krempl referred to his written report stating the
Municipal Code requires a four-fifths vote on the part of the City Council to
override the Planning Commission only on conditional use permits and
variances. The City Charter does not establish an extraordinary vote
requirement; therefore, tile ordinance may be amended by Council action. The
Council has recently requested changes to tile Municipal Code requiring a
greater number of land use decisions involving conditional use permit
applications to be forwarded on for Council action. In these cases a simple
majority on the part of the Council is all that is required to approve,
conditionally approve, or deny regardless of Planning Commission
recommendation. Retaining the four-fifths vote override could add confusion
to the conditional use permit process. The Planning Commission recommended
enactment of an ordinance amending Section 19o14.130 in accordance with their
Resolution PCA-84-7 by deleting therefrom the four-fifths vote requirement.
There being no comments either for or against, the public hearing was
closed.
City Council Meeting - 4 - August 7, 1984
Councilman Scott spoke against deleting the requirement for the four-fifth's
vote noting that this provision has been in the Charter since it was adopted
(November 1949I - Section 1105 - Budget Appropriations). It has worked very
well and serves the purpose for which it was intended. Councilman Scott added
there have been very few appeals coming to the City Council of Planning
Commission decisions which require the four-fifth's vote to override that
action.
MSC Cox/Malcolm) to place the to ordinance on first reading, the reading of
the text was waived by unanimous consent, passed and approved unanimously with
Councilman Scott voting "no".
5. PUBLIC HEARING CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTERS
19.04, 19.14, 19.54 AND 19.58 OF THE MUNICIPAL CODE
RELATING TO CARNIVALS AND CIRCUSES (Director of
Planning)
a. ORDINANCE 2075 AMENDING CHAPTERS 19.04, 19.14, 19.54 AND ]9.58 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO CARNIVALS
AND CIRCUSES - FIRST READING
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Krempl explained this item was referred to staff from the
City Council in February with direction to review the process for circuses and
carnivals and the number of performance standards put in. He explained that
carnivals, circuses and fairgrounds are presently listed as unclassified uses
by time Municipal Code and require Planning Commission approval. Conditional
use permit applications handled by tile Planning Commission take a minimum of
27 days to process from time date of filing to the Commission meeting.
Applications handled by the Zoning Administrator can be processed in
approximately 14 days. Tile proposed revisions to the Code allow the
applications to be handled by the Zoning Administrator who would have the
option of referring the matter directly to the City Council in which case a
public hearing would be required. Staff is recommending that the limitation
on the number of circuses or carnivals allowed each year be eliminated and be
controlled at the discretion of the Zoning Administrator. The Planning
Commission unanimously recommended enactment of the ordinance in accordance
with their Resolution PCA-84-3 with the exception of deleting the limitation
of four circuses or carnivals in a given 12-month period (ref. ]9.58.042)c.
Staff has modified its position regarding the draft language of the ordinance
and on the number of carnivals permitted each year.
Council discussion ensued regarding the disadvantages of limiting the number
of events on a yearly basis; controlling the Ilours of operation; limiting the
number for a particular location as used in garage sale procedures; adding
another section to the ordinance to state the frequency of a particular site
should be a consideration; average of four circuses per year is variable;
assign sites ahead of time; have flexibility of determining how many fairs the
City can have; no outside input with residents in the community and whether an
amusement tax would apply to carnivals and circuses.
City Council Meeting 5 - August 7, 1984
John Hamilton, 502 Otis Street ~4, Chula Vista stated four carnivals is not an
excessive number for one year and there is a big difference between carnival s
and circuses. He felt there should be some flexibility in the ordinance for
benefit carnivals {such as for a San Ysidro Tragedy).
There being no further comments either for or against, ~iayor Cox declared the
public hearing closeo.
Councilwoman McCandliss stated her concern with the frequency of carnivals on
the same location and indicated there should be a limitation of the number of
days carnivals are permitted.
MSC {Cox/Malcolm) to amend paragraph "C" to del ere reference to the number of
events and substitute tile language suggested by the City Attorney which would
be "the frequency of the operation on a particular site will be a
consideration in whether to grant a permit". Councilman Scott voted "no".
MSUC (Cox/McCandl iss) to pl ace the ordinaDce on first reading as amended, the
reading of the text was waived by unanimous consent, passed and approved
unanimously.
6. PUBLIC HEARING PROPOSED AMENDMENT TO SECTION 19.07.030 OF THE CHULA
VISTA MUNICIPAL CODE, PERTAINING TO THE
IMPLEMENTATION OF SPECIFIC PLANS, AND AUTHORIZING THE
INCLUSION OF SPECIAL IMPLEMENTATIONAL STANDARDS
THEREIN {Director of Planning)
a. ORDINANCE 2076 AMENDING SECTION 19.07.030A OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE IMPLEMENTATION OF
SPECIFIC PLANS AND AUTHORIZING THE INCLUSION OF
SPECIAL IMPLEMENTATIONAL STANDARDS THEREIN - FIRST
READING
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Krempl explained the existing provisions of Section
19.07.030 of the Chula Vista Municipal Code limit the methodology for the
implementation of specific plans to the "adoption of standard zoning
ordinances or the planned community zone." The proposed amendment would
broaden this methodology and authorize the inclusion of special
implementational standards within the text of specific plans. The Director of
P1 anning recommended concurrence with tile recommendation of the City P1 arming
Commission for approval and adoption in accordance with their PCA 84-4.
Dave Foreman, 1563 Pt. Cabrillo Court, Chula Vista, questioned whether this
change had any relationship to the Otay Valley Road area and was assured by
planning Director Krempl it did not.
There being no further comments, either for or against, the public hearing was
declared closed.
City Council Meeting - ,6 - August 7, 1984
MSUC (Malcolm/Cox) to pl ace the ordinance on first reading, the reading of the
text was waived by unanimous consent, passed and approved unanimously.
7. ORAL COMMUNICATIONS
Dave Foreman, ]653 Pt. Cabrillo Court, Chula Vista stated he listened to the
national news on TV regarding helicopters flying over Spring Fellow Pits with
the report that pollutants are predicted reaching the water supply of major
cities from one year to ]8 months He was concerned regarding when
Council will do something about this probl'em.
Councilman Malcolm reported on AB 3966 which would allow the City to expand
redevelopmerit area to bring o~ler properties into the City and the money
generated could be used to clean up toxic waste pits, such as in the Otay
Valley Road area.
MSUC (Malcolm/Scott) to support AB 3966 to allow the Council fl exibility to
increase boundaries provided revenues will be used for toxic waste clean
CONSENT CALENDAR (Items 8 & 9)
MSUC (Cox/McCandliss) to approve the Consent Calendar.
8. RESOLUTION 11721 APPROVING ENCROACHMENT PERMIT NO. PE041 AT 4421
BONITA ROAD - BONNIE BRAE CONDOMINIUMS (City
Engineer)
Tile owner of the 8onnie Brae Condominiums at 4421 Bonita Road has proposed the
upgrading of an existing carport along the frontage of the property. There is
an existing 5-foot-wide storm drain easement running along the westerly
pro erty line from the front to the rear of the lot. According to the
app~ican for this permit, the corner of the existing carport encroaches into
t
the easement approximately 2 feet. There is no current permit for this
encroachment. The owner has requested that the City issue the subject permit
in order to allow the modification to the carport to be completed.
9. RESOLUTION ]1722 APPROVING AMENDMENT TO CONTRACT FOR PLANNING SERVICES
WITH PAUL MANGANELLI (City Manager)
On June 28, 1983, the City approved an agreement with Mr. Paul Manganelli to
perform planning evaluation and processing work for the E1 Rancho del Roy
General Plan ~endment. The agreement was amended on january 3, 1984 to
expire on June 30, ]984. As a general plan amendment is not yet complete, the
agreement needs to be extended. The resolution extends tile terms of the
contract until December 30, ]984.
End of Consent Calendar.
City Council Meeting 7 - August 7, 1984
RESOLUTIONS AND ORDINANCES, FIRST READING
lO. RESOLUTION 11723 URGING INCREASED ADVANCE PLANNING COOPERATION AND
COORDINATION BETWEEN THE CITIES OF SAN DIEGO COUNTY
AND THE COUNTY OF SAN DIEGO (Director of Planning)
At the June 26, 1984, meeting the City Council received a letter and
resolution from the City of Del Mar expressing its concern over the lack of
coordinated transportation planning between the County of San Diego and the
various cities therein. Council directed staff to prepare a similar
resolution reflective of Chula Vista's interests.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Mayor Cox asked that a letter to Del Mar be prepared informing them of the
action taken on this item. The City Clerk was requested to send copies of the
resolution to the various cities of San Diego County.
ll. RESOLUTION 11724 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR
POLICE PROTECTION SERVICES TO THE "J" STREET
MARINA AREA (Principal Administrative Analyst)
During budget review sessions for fiscal year 84-85 budget, the City Manager
reported that the Port District had requested the City to provide all police
services to the "j" Street Marina area, for which the Port District would
reimburse the City $62,000 (the approximate amount for two Peace Officers'
salary and benefits). This agreement has now been prepared.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
12. ORDINANCE 2077 AMENDING CHAPTER 1.20 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE ~3~OUNT OF THE FINE FOR
INFRACTIONS - FIRST READING (City Attorney)
Chula Vista Municipal Code Section 1.20.010 establishes the penalty for a
violation of the Code. The present penalty is $50 for the first violation,
$100 for the second violation, and $250 for each subsequent violation. The
proposed amenc~nent to the Code will increase these maximums to $100 for the
first violation, $200 for the second violation, and $500 for the third and
each subsequent violation, These amounts were increased by the adoption of
Chapter 1092, Statutes 1983.
MSUC (Scott/Cox) to place the ordinance on first reading, the reading of the
text was waived by unanimous consent, passed and approved unanimously.
City Council Meeting 8 - August 7, 1984
13. ORDINANCE 2078 AMENDING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO CONFLICT OF INTEREST GUIDELINES -
FIRST READING (City Attorney)
The City of Chula Vista adopted conflict of interest guidelines in 1967 in
compliance with then existing State law. During the years, State law has been
amended in a manner that necessitates the amendment of the Chula Vista
guidelines. The proposed amendment brings the guidelines into conformance
with the Fair Political Practices Act of 1973 (Government Code Section 81000
et seq.). The proposed amendment of the Munici pal Code incorporates the
provisions of the Fair Political Practices Act so future amendments to the
State law are automatically incorporated into the Municipal Code.
MSUC (Cox/Malcolm) to place the ordinance on first reading, the reading of the
text was waived by unanimous consent, passed and approved unanimously.
14. ORDINANCE 2079 APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF CHULA VISTA
FIRST READING (City Manager)
The 1983-87 Memorandum of Understanding between the City and Local 2180
International Association of Firefighters, AFL-CIO, and the 1983-86 Memorandum
of Understanding between the City of Chula Vista and the Chula Vista Police
Officers Association contained a provision that the City would begin providing
the 2% at 50 retirement plan for both groups effective October 1, 1984. On
July lO, 1984, City Council adopted a Resolution of Intention to approve said
amendment. The difference between the employers' rate under the half at 55
and the employers' rate for the 2% at 50 plan is $334,445 for both groups.
This money is included in tile fiscal year 84-85 budget previously adopted by
Council.
MSUC (Malcolm/Scott) to place the ordinance on first reading, the reading of
the text was waived by unanimous consent, passed and approved unanimously.
15. REPORT OF THE CITY MANAGER (None)
REPORT OF OFFICERS AND DEPARTMENT HEADS
16. REPORT BUY AMERICAN POLICY (City Attorney)
The City Council at its june 19, 1984 meeting requested staff to report on the
recommended "Buy American" policy for the City of Chul a Vista. The City
Attorney stated such a policy would be an unconstitutional encroachment upon
the Federal government's exclusive power over foreign affairs and constitutes
undue interference with the United States conduct of foreign relations and
recommended against its adoption.
f~SUC (Scott/Malcolm) to accept the report.
r
City Council Meeting - 9 - August 7, 1984
17. REPORT RENAMING "j" STREET PARK (Parks and Recreation Director)
At the May 1, 1984 Council meeting, staff suggested that since the open space
area adjacent to "j" Street near I-5 is being used as a park, it should be
named. The Director of parks and Recreation recommended that Council name the
area "Marina View Park".
MSUC (McCandliss/Malcolm) to accept staff recommendation.
18. REPORT REGARDING PARTICIPATION OF OTHER AGENCIES IN THE
RECONSTRUCTION OF PUBLIC STREETS (Director of Public
Works/City Engineer)
On june 12, 1984, during Capital Improvement Program budget deliberations,
Council approved a project for the reconstruction of pavement on Broadway from
"L" Street to Moss Street. At this meeting, Council requested a report on
mechanisms available by which other agencies who have worked on this street
and whose work may have aided in the pavements' base failure could be
requested to participate in the cost of the reconstruction. It was staff's
opinion that the existing regulations, procedures and/or working agreements
now followed are sufficient to assure that the paved surfaces are adequately
restored by the contractor/utilities making street cuts. Staff indicated the
Broadway pavement failure between "L" Street and Moss Street is not due to
inadequate pavement replacement. The failure occurred due to heavy traffic
load on an inadequate structural section.
MSUC (Cox/Scott) to acccept the report.
19. REPORT REGARDING DEFERRAL OF PUBLIC IMPROVEMENTS AT 565 MOSS
STREET (Director of Public Works/City Engineer)
At its meeting of July 3, 1984, the City Council accepted a report regarding
the appeal by Reginald Finch of the denial of an excessive width driveway
permit at 565 Moss Street. The Council upheld the denial and requested staff
report and recommendation on the possibility of a deferral of the public
improvements. Staff's report listed several different cases where the City
requires owners or aevelopers to install public improvements along the
frontage of properties and noted requirements of Section 12.24.070 which
provides for deferrals of the requirement to install improvements. Based on
staff's research and findings, if Mr. Finch was to apply for a deferral,
staff's position would be in opposition to the request.
NSUC (Scott/McCandliss) to accept the report.
20. REPORT AMUSEMENT PARK ADMISSIONS TAX (City Attorney)
An opinion of the City Attorney's office pursuant to Council's request of
June 12, 1984, concluded the City has the authority to adopt such a tax.
City Council Meeting - iO - August 7, 1984
In answer to Councilman Scott's query, City Attorney Harron explained
Proposition 13 has been a problelm because that tax would go into the General
Fund under the Farrell vs. San Francisco case. Taxes that are not for a
specific purpose are not covered by Proposition 13. The proposed jarvis
initiative would invalidate any tax such as this if it were passed in Nove~er
1984. Now it is exempt under jarvis by court case (it would be retroactive to
August 1983).
MSUC (Scott/Cox) to review and accept the opinion of the City Attorney.
21. REPORT REGARDING SUPERIOR COURT JUDGE IN THE SOUTH BAY REGIONAL
CENTER (City Attorney)
On July 17. 1984, the City Council indicated its desire to establish a
Superior Court Judge in the South Bay Regional Center. An investigation by
the City Attorney has revealed that SB 365, authored by Senator Presley, is
presently pending in the State Legislature. This bill would establish a
Superior Court at the East County Regional Center in the City of E1 Cajon.
Senator Wadie Deddeh is preparing an amendment to SB 365 which would assign a
Superior Court Judge to the South Bay Regional Center in the City of Chula
Vista. It was tile recommendation of the City Attorney that Council support
Senator Deddeh in the preparation and the amendment of SB 365.
MSUC (Scott/Malcolm) to move on staff's recommendation.
City Attorney Harron commented personal contact is very significant and this
item will be heard on August 15, 1984. Councilman Scott suggested authorizing
funds to allow a representative to go to Sacramento for personal contact.
~SUC (Scott/McCandl iss) to accept staff recommendation and to authorize
personal contact with the appropriate Assembly Ways and Means Committee with
transportation to be by commercial flight.
22. REPORT SAN DIEGO COUNTY HEALTH DEPARTMENT'S REQUEST TO MODIFY FIG
AVENUE HEALTH CENTER FACILITY TO PROVIDE FACILITIES TO
ACCOMMODATE COUNTY'S T.B. CONTROL PROGR~J~ (Assistant City
Manager)
See page l.
This item was continued to the Council meeting of August 14, 1984 pending a
full Council present.
23. ~U~YOR'S REPORT
a. Mayor Cox suggested the Civil Service Commission interviews be scheduled
prior to next Tuesday's Council meeting.
MSUC (Cox/Scott) to schedule interviews at 6:t5 p.m. in the Council Conference
Room on Tuesday, August 14 for the purpose of interviewing and filling
vacancies on the Civil Service Commission.
City Council Meeting - 1I August 7, 1984
b. MSUC (Cox/Malcol m) to authorize commercial transportation for Council man
Malcolm to attend the August 23 League of California Policy Committee
meeting in Sacramento.
Councilmen ~lcolm stated the City Manager serves as an Alternate in the event
he cannot attend.
24. COUNCIL COMMENTS
a. BALLOT ARGUMENTS AND CITY ATTORNEY'S ANALYSES ON PROPOSITIONS
City Attorney Harron explained that at Thursday's Council Conference it was
decided the following items were discussed and the wording should be changed
regarding the Mayor/Council salaries and the date for run-off elections.
b. REPORT REGARDING PROPOSITIONS FOR RUN-OFF ELECTIONS (City
Attorney)
Councilman Malcolm stated he researched the vote for pl acing the proposition
on the ballot and all five Council members voted for it. Presently the Charter
is set up so that the person receiving the largest number of votes is elected
to the office of City Council. He suggested the top two vote-getters should
have a run-off election (if a majority is not achieved) and that it was wrong
to eliminate the runoff election previously. The Council concurred this item
would be discussed after the proposed propositions.
PROPOSITION "A"
An ameno~ent 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 and permitting
Council-created boards and commissions to act upon a vote of a majority of the
quorum as opposed to a majority of the entire membership.
Discussion of the analysis and wording of the arguments was for clarification
of the language to make the voters aware of the problem the City is facing
with appointing people who have the expertise to serve on the various boards
and commissions - the Design Review Board and the Board of Appeals were cited
as examples. Further discussion involved those boards and commissions
established by Charter and those created by the Council.
City Attorney Harron offered the following language change in the
Proposition: "..,permitting the City Council to appoint nonresident experts
to boards and commissions which are created by the Council..." The word~ng'~
the Analysis will be changed to state: "...Charter is ambiguous on the
question of whether the City Council may seek outside expertise to serve on
its boards and commissions to advise it in specialized areas. It has always
been the City's practice to do so. For example, non-resident County health
officers presently serve on the Hazardous Waste Committee. The proposed
amendment would clarify the right of the City Council to appoint nonresident
expertise to those boards and commissions which are created by the Council."
MSUC (Scott/Malcoom) to accept the City Attorney's recommended language
change.
City Council Meeting ~ 12 - August 7, 1984
PROPOSITION "B"
An amen~nent to the Charter of the City of Chula Vista amending Articl e V,
Section 500, and Article VII, Section 701, ensuring Civil Service protection
for present mid-management level positions.
MSUC (Scott/Malcolm) to accept the Analysis as written,
PROPOSITION C
An amencbnent to the Charter of the City of Chula Vista amending Articl e III,
Section 304, establishing the annual salary of the Mayor at $35,000.
Council discussion centered on the wording in the analysis which states
"...base salary to $35,000 while eliminating the monthly out of pocket expense
reimbursement." Councilwoman McCandliss declared the Council is not
eliminating anything - it is a replacement.
Currently, the monthly all owance is not a reimbursement of expenses - it is an
amount of money given to the Mayor each month; the wording should be changed
to state it would be eliminating the monthly expense allowance and not the out
of pocket expense reimbursement. Council man Scott noted the Analysis states
the yearly 5% increase began in 1982 - this should be 1983.
City Attorney Harron stated he would change the wording of the Analysis to
read: ".,.the yearly 5% increase since 1983, and the $300 per month to offset
expenses which was approved by the City Council. The proposed Charter change
would increase the Mayor's base salary to $35,000 while eliminating the $300
per month expense allowance."
MSC (Malcolm/Scott) to approve the City Attorney's new wordin9, Councilwoman
McCandliss voted "no",
PROPOSITION "D"
An amendment to the Charter of the City of Chula Vista amending Article III,
302 establishing the salary for a Councilmember at $12,000 per year,
Council discussion involved having the "out of pocket expenses" wording taken
out of the Analysis and replaced with language similar to that used in the
Mayor's salary analysis. Council man Scott stated the $300 base salary for the
Council was established in 1968 and not 1972 as stated in the Argument, City
Attorney Harron explained the base salary was set forth by state law in 1972.
Councilman Scott referred to the proposition on the 1968 General Municipal
Election which approved setting the Council salary in accordance with State
law and at that time, the salary was $250 a month.
City Attorney Harron suggested the following 1 anguage addition: "Under State
law, the City Council is authorized to increase their salary to $7,200 per
year effective January 1, 1985. Council members also receive $50 per month to
reimburse them for out of pocket expenses. The proposed change would raise
the salary of a Council member to $12,000 and el iminate the $50 per month given
to offset expenses,"
MSUC (Malcolm/Cox) to accept the City Attorney's anal.vsis chanae.
City Council Meeting - 13 - August 7, 1984
PROPOSITION "E"
'An amen~ent to the Charter of the City of Chula Vista amending Article III,
Section 300 clarifying the term of office to City Council.
MSUC IScott/Cox) to approve the Analysis as submitted.
Proposition for a Run-Off Election
City Attorney Harron presented the following Proposition: "An amendment to
the Charter of the City of Chula Vista amending Article III, Section 300,
requiring a majority of votes cast for the election of members of the City
Council and the Mayor and establishing a runoff election if a majority is not
a ch i eved."
Councilman Malcolm said he voted to have the proposition eliminating the
runoff elections placed on the 1982 ballot which was approved by the
electorate. He now has second thoughts on this and feels the proposition
should be reinstated and placed on the ballot. Councilman Scott agreed;
however, he indicated there were a number of problems associated with the
change, such as the City School District's election is held at the same time
as the City's election and they should have some input on the matter; having
the election in November would probably necessitate having the runoff in June
unless a special election is called; the Charter Review Committee should
reconsider this issue. Further discussion involved the cost of a special
election and the possibility of having the City's election the same as the
City of San Diego: election in September and the runoff in November.
MSUC (Malcolm/Scott) to refer this proposed proposition back to the Charter
Review Committee.
The Council recessed at 8:55 p.m. and reconvened at 9:05 p.m.
c. POLICY REGARDING CONTINGENCY FUND
MSUC (Cox/Malcolm) to refer to staff for analysis and study.
d. Councilman Scott commented on the City Attorney being requested to write
a letter regarding Councilman Malcolm's plane. City Attorney Harron
stated there is no action to be taken after discussing this with
Councilman Malcolm and requested it be deleted as a report and come back
as a Council request.
I~iSC (Cox/Malcolm) to delete this requested report.
b. Councilman Malcolm reminded the Councilmembers of the commitment to find
additional land to be made available for mobilehome parks.
City Council Meeting - ~4 - August 7, 1984
Discussion ensued regarding mobilehome parks phasing out and being replaced
with condominiums; tile need to review the City's commitment in view of
changes and to update the commitment; possibility of Chula Vista Woods and
EastLake developers coming before the Council with a component of manufactured
housing and converting park lands into residential areas.
ADJOURNMENT AT 9:20 p.m. to the meeting scheduled at 6:15 p.m. Tuesday,
August 14 to interview Civil Service Commission applicants and to the regular
scheduled meeting on August 14, 1984.
WPG: 0460C
PAG
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNmeNT OF MEETZ~G
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say/:
That I am the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the regular meeting of the Council of the City of
Chula Vista was held luesday, August 7, ]984
and said meeting was adjourned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on Auqust 8, 1984 at ~he hour of ]0:]5 a.m.
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of Auqust 7, ]984
was held.
/
Subscribed and sworn to before me this
day of
19
Notary Public in and for said County
and State of California
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held August 7, ]984
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: COX, Malcolm, McCandliss, Scott
Councilmen absent: Moore
ADJOURNMENT
The Mayor adjourned the meeting at 9:20 p.m. until Tuesday,
August ]4, ]984 at 6:30 p.m. in the Council Confe!ence
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie Mo Fulasz, City Clerk of the City of Chula Vista, DO
HEREBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of August 7, ]984