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HomeMy WebLinkAboutcc min 1986/07/10 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, July 10, 1986 Council Conference Room 4:57 p.m. City Hall ROLL CALL Present: Mayor Cox; Councilmembers Campbell, McCandliss, Malcolm, Moore Absent: None Staff Present: City Manager Goss, Assistant City Manager Asmus, Assistant to the City Manager Morris, City Attorney Hatton Mayor Cox suggested that the Council begin with Item No. 2 from the Agenda. 2. REPORT: RECOMMENDATIONS OF CHARTER REVIEW COMMITTEE WITH REGARD TO AMENDMENTS TO THE CH~,RTER TO BE PLACED ON THE BALLOT AT THE NOVEMBER 4, 1986 ELECTION (CITY ATTORNEY) The Charter Review Committee recommended the Charter be amended to place the Mayor's election back from November to June 1990; seats 1 and 2 be extended from 1989 to 1990; Seats 3 and 4 be extended after the next election: 1991 to 1992. The second recommendation is to include "general welfare" as a basis for emergency ordinances. Frank Scott, Chairman of the Charter Review Committee, made a presentation of the Committee's two recommendations. Councilmember Malcolm questioned the Committee's rejection of reinstating run-off elections. He stated the incumbent has a decisive advantage if run-off elections do not take place. Mayor Cox suggested that the Council take separate actions on the two proposals in the report. MSUC (Cox/McCandliss) to authorize placement of Sec. 311 - Adoption of emergency ordinances and resolutions on the ballot. Discussion followed regarding the proposal for run-off elections and the Committee members' various reasons involved in their decision: cost, voter turnout, integrity of the election process. Mayor Cox stated he felt the Mayor's election should be held at the same time as the Council election. The reasons being lower cost and larger turn out of voters. He felt that the rationale of holding the Mayor's election in June so that councilpersons would not have to give up their seat to run for Mayor is not enough of a reason to justify holding the election in June. Councilmember Malcolm stated that he prefers June for City Council and Mayor elections; City Council Minutes -2- July 10, 1986 November has too much competition for campaign funding than with State elections. Councilmember Moore was concerned that if the Mayor's race is at the same time as 2 Council seats, it will always be the same 2 Council seats who will have to give up their seats to run for Mayor, if they choose to do so. MS (McCandliss/Campbell) for the recommendation as forwarded by the Charter Review Co~nittee to be put on the ballot. Councilmember Malcolm noted that he would vote against the motion for the following 3 reasons: l) he supports a June election and having the Mayor and Council elected at the same time; 2) all Council seats should be extended; 3) voters should make the decision on tile extensions and the run-off elections. Councilmember McCandliss stated the issue of run-off elections has already been before the voters and the Council should assume they have heard from the community on this issue. She felt the most important issue is the political process of getting a higher turn out of voters and November is a good time. AMENDMENT TO MOTION MS (Malcolm/Cox) to amend the motion to state that the Mayor's election shall be held on the first Tuesday after the first Monday in November instead of June. Councilmember Moore noted this would involve two Council seats running at the same time as the Mayor. Councilmember Malcolm recommended putting these before the voters; .e s.ggested separati.g iss.es a.d let t.e voters Attorney Hatton pointed out how confusing this would be to the voters--to list all the issues so they would not conflict.' Councilmember Campbell asked whether the City Attorney could put together some wording which would take these items and present them one by one so there would not be any conflict. Mayor Cox stated that his only concern is with reference to the Mayor's election--when it will be held. He feels it could be handled as a separate issue. Mr. Scott remarked the Committee was very adamant that Councilmembers should not be extended without an election. THE MAIN MOTION AS AMENDED (AND CLARIFIED) to delete the reference to the Mayor election PASSED UNANIMOUSLY. Councilmember Campbell recommended the City Attorney come back with something he perceives to be an appropriate listing of those items which would be understood by the electorate to be voted upon. Attorney Hatton explained how complicated this is to do. Councilmember Malcolm suggested an advisory vote be placed before the electorate with regard to run-off elections. City Council Minutes -3- July lO, 1986 THE MOTION TO APPROVE the recommendations as forwarded by the Charter Review Committee to be placed on the ballot PASSED UNANIMOUSLY as amended. (Councilmember Malcolm noted he is supporting the motion but prefers the advisory measure). MSUC (Malcolm/Campbell) the issue of run-off elections be placed on the ballot for an advisory measure and have the City Attorney bring back the wording. 1. RESOLUTION 12617 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO RENDER CERTAIN SPECIFIED SERVICES TO THE CITY OF CHULA VISTA IN CONNECTION WITH THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 1986 TO BE HELD IN THE CITY OF CHULA VISTA RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 3. RESOLUTION 12618 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF CHULA VISTA, A VOTE ON THE OFFICE OF MAYOR AND THE OFFICE OF THE CITY COUNCIL SEAT NO. 3, TWO PROPOSITIONS AMENDING THE CHARTER OF THE CITY OF CHULA VISTA, AND CONSOLIDATING SAID ELECTION WITH THE GENERAL ELECTIONS TO BE HELD ON THE SAME DATE RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 4. RESOLUTION 12592 APPROPRIATING ASSESSMENT DISTRICT NO. 85-2 BOND PROCEEDS OF $7,680,623.85 and $311, 540.00 CASH CONTRIBUTION TOTALING $7,992,163.85 FOR THE EASTLAKE DEVELOPMENT PROjECT On June 17, 1986, the City Council by Resolution No. 12539 authorized the issuance of bonds to finance the improvements in the EastLake Assessment District 85-2. The cost of these improvements totalled $7,992,163.85 as set forth in the Final Engineer's Report approved by Council on May 13, 1986 (Resolution No. 12470). The cost of these improvements will be financed with $7,680,623.85 from bond proceeds and $311,540.00 contributed by EastLake Development Company ($1 84,000) and Otay Water District ($127,540). City Council Minutes -4- July lO, 1986 The funds need to be appropriated before the City can make disbursements to EastLake Development Company and the Otay Water District for their expenses and/or advances made prior to the sale of the bonds. The funds will also be used to cover the various contractual obligations and to reimburse the City for staff costs incurred in the assessment district proceedings. Mayor Cox stated that both he and Councilman Malcolm have a possible conflict of interest with regard to this matter (both have options to buy house lots in this area). He was advised by the City Attorney that since a 4/Sths vote is required in this matter, a coin flip will determine if he or Councilman Malcolm would vote on this resolution. Councilman Malcolm won the flip of the coin and Mayor Cox left the room. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously with Mayor Cox abstaining. 5. RESOLUTION 12593 APPROVING LEASE AGREEMENT WITH AMERICAN GOLF CORPORATION FOR THE MAINTENANCE AND OPERATION OF THE RESTAURANT AND BAR PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE AND AUTHORIZING THE ~tAYOR TO EXECUTE SAID AGREEMENT Assistant City Manager Asmus reported that on June lO, 1986, the subject agreements were submitted to the City Council for consideration but were referred back to the staff and a Council sub-committee in order to address some concerns/issues contained in the original agreements. A City Council sub-committee consisting of Councilmembers Malcolm and Campbell met with American Golf Corporation officials and staff and addressed those issues. Councilman Malcolm presented the recommendations of the sub-committee. He discussed the insurance coverage, term of lease, cancellation clause, building maintenance and suggested a clause restricting use of the building (to prevent adult entertainment.) He was further concerned with the definition of gross sales in the agreement. Councilman Campbell indicated the definition of gross sales in the lease was all inclusive. Councilwoman McCandliss referred to the City's ordinance regarding adult entertainment. MSUC (Cox/McCandliss) that verbiage be added to Section 2 of Agreement excluding adult entertainment. MSUC (Moore/McCandliss) to direct for staff's review Paragraph C on Page 5, Gross Sales, to see if there is room for strengthening that paragraph. RESOLUTION AS AMENDED OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Minutes -5- July lO, 1986 6. RESOLUTION 12594 APPROVING AMENDMENT NUMBER 1 OF THE LEASE BETWEEN THE CITY OF CHULA VISTA AND AMERICAN GOLF CORPORATION FOR OPERATION OF A PUBLIC GOLF COURSE AND DRIVING RANGE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Moore questioned if the Golf Course operators had to come before the City Council prior to putting up the fence. He expressed concern that any major change should come before the Council for approval and wondered if there is a weakness in the lease that should be addressed at this time. It was the concurrence of the Councilmembers that the language in the agreement was adequate. MSUC (Malcolm/Moore) to direct staff to have a deal point sheet on each item of concern when a contract is being negotiated, listing all the pros and cons on each item. 7. SB 2169 (ROBERTI) - CRIMES: PROSTITUTION MSUC {Malcolm/Cox) to support S82169. Councilman Malcolm brought up another bill presently pending by Assembly Speaker Willie Brown regarding State bonds to clean up the Tijuana' sewage. He requested the Mayor contact Congressman Duncan Hunter who is in opposition to this particular bill expressing the City of Chula Vista's strong support of this bill. 8. ORAL CO~4UNICATIONS None 9. CITY MANAGER'S REPORT None 10. hV~YOR'S REPORT MSUC (Cox/Malcolm) to schedule Monday, July 28, 1986 at 5:30 as time to interview applicants for the P1 anning Commission and Parks and Recreation Commission. City Council Minutes -6- July lO, 1986 MSUC (Cox/Moore) to schedule an evaluation of the City Manager on Saturday, Au9ust 2, 1986 at 8:00 a.m. at the Chula Vista Marina. It Was established the evaluation will be done in Closed Session. 11. COUNCIL COMMENTS Councilman Moore presented a sample of the 75th Anniversary Medallion for the City of Chula Vista set in lucite. ADJOURNMENT AT 6:48 P.M. TO THE REGULAR SCHEDULED MEETING OF TUESDAY, JULY 14, 1986 AT 7:00 P.M. JENNIE M. FULASZ, CMC CITY CLERK By: S~ ~ Recordin9 Secretary WPC 2373H