HomeMy WebLinkAboutcc min 1988/08/18 NOTICE OF ADJOURNED CITY COUNCIL MEETING
]ouncil adjourned the August 16, 1988 City Council meeting at
11:24 p.m. to meet immediately following the 4:00 p.m.
ledevelopment Agency meeting on Thursday, August 18, 1988 to
:antihue discussion of:
Arguments of the City propositions to be
placed on the November 8, 1988 ballot
The meeting will be held in the the Council
Sonference Room, 276 Fourth Avenue, Chula Vista
CITY CLERK
3ATED: August 17, 1988
8:30 a.m.
"I dec:arc un 'or penaltV cT :?o~!u-'; that l
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this Agends/;'];~:e on the BuN~tgn Board at
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
Thursday, August 18, 1988 Council Conference Room
7:05 p.m. City Hall
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore and McCandliss
MEMBERS ABSENT: Member Malcolm
STAFF PRESENT: City Manager Goss, Assistant City Attorney Rudol f,
Deputy City Manager Morris
1. RESOLUTION APPROVING ARGUMENTS OF THE CITY PROPOSITIONS TO BE
PLACED ON THE NOVEMBER 8, 1988 BALLOT
This item was continued from the City Council meeting of August 16, 1988.
Councilman Moore stated he met with the Chairman of the Charter Review
Committee, Bob Campbell. Mr. Campbell had concerns with making any major
amendments to the Charter Review Committee's Argument in Favor of Proposition
0 because the wording was prepared by the subcommittee which was approved by
the full committee.
Mayor Cox commented the only modification that has been made by Mr. Campbell
as Chairman of the Charter Review Committee is in reference to Proposition O.
There was a deletion of the second sentence in the last paragraph dealing with
the Argument in Favor of Proposition O.
Councilwoman McCandliss noted concern with the last paragraph of the Argument
in Favor of Proposition O. She believes this paragraph is misleading; that it
does not represent what the amendment will accomplish.
Assistant City Attorney Rudolf stated ordinarily the Council or some of the
members of the Council would place its arguments on the ballot; however, this
has been delegated to the Charter Review Committee.
Mayor Cox pointed out there are two options to consider. The City Council
could still have the ability to present their own argument which would
supplant the Charter Review Committee's argument. The other option would be
to communicate through the City Attorney the concerns that the City Council
has and it would be at the discretion of the Charter Review Committee whether
or not to change the argument.
Councilman Nader noted there are legal precedents against placing an argument
on the ballot which directly misstates the proposition being voted on or
factually misleads the voting public. Mr. Rudolf stated there is a ten day
Minutes - 2 - August 18, 1988
public review period during which someone who believes that it is false or
misleading can bring a lawsuit to have it so declared by a court. Councilman
Nader suggested the Assistant City Attorney immediately contact Mr. Campbell
and inform him that it appears the ballot argument as written is misleading.
Mr. Rudolf stated he had spoken with Mr. Campbell regarding the inconsistency
of the argument and to consider rewriting the argument.
Mayor Cox pointed out that the pamphlets which go before the voters will have
(1) the proposition; (2) the City's impartial analysis; (3) argument in favor;
and (4) rebuttals. Therefore, there will opportunities to clarify the
proposition.
Mr. Rudolf suggested that the Council approve the Argument in Favor of
Proposition 0 as presented by the Charter Review Committee with the deletion
of the last paragraph if that is acceptable to the Committee, or approve it as
written by the Committee with some change in the 1 ast paragraph. Mayor Cox
commented he believes the Council does not have the ability to change the
argument as presented by the Charter Review Committee. Mr. Rudolf pointed out
the Council would be asking the Committee if the suggested change would be
acceptable to them.
MS (McCandliss/Nader) to ask the City Attorney to express to the subcommittee
of the Charter Review Committee the Council's concern with the last paragraph
in the Argument in Favor of Proposition 0 and ask them to reconsider the
wording on their ballot argument.
Councilwoman McCandliss suggested deleting the last paragraph in the argument.
The motion carried. (The vote was 3-0; Mayor Cox was not present for the vote.)
Mr. Rudolf questioned what if the Charter Review Committee finds it
unacceptable to delete the last paragraph? Councilmembers Nader, McCandliss
and Moore agreed the argument would go forth as written.
Councilmember Nader stated he had concerns on both the City Attorney's
Impartial Analysis for Proposition P and the Argument in Favor of Proposition
P. Regarding the City Attorney's analysis, Mr. Nader suggested the analysis
should mention the way increases in salary would be affected if both
Propositions 0 and P passed.
Councilwoman McCandliss stated she would like it to be pointed out that other
cities, including National City and Oceanside, pay Councilmembers a higher
salary.
MSUC (McCandliss/Nader) to file the resolution and take no action; to request
the Chairman of the Charter Review Committee to consul t with the committee to
amend the Argument in Favor of Proposition P to include comparative data from
other cities with regard to what councilmembers are paid. {The vote was 3-0;
Mayor Cox was not present for the vote.)
Minutes - 3 - August 18, 1988
2. ORAL COMMUNICATIONS: None.
3. REPORT OF THE CITY MANAGER: None.
4. MAYOR'S REPORT: None.
5. COUNCIL COMMENTS: None.
ADJOURNMENT at 7:35 p.m. to the regular meeting of Tuesday, August 23, 1988 at
7:00 p.m.
JENNIE M. FULASZ, CMC
CITY CLERK
By: Sandra Chase
Recording Secretary
WPC 3738H