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HomeMy WebLinkAboutcc min 1986/09/10 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Wednesday, September 10, 1986 Council Conference Room 4:07 p.m. City Hall ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Moore, Campbell, McCandliss MEMBERS ABSENT: Councilman Malcolm STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of August 28 and September 2, 1986. MSUC (Campbell/McCandliss) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY None. 3. WRITTEN COMMUNICATIONS None. MSUC (Cox/McCandliss) to recess to Closed Session for potential litigation. The Council recessed at 4:10 p.m. and the meeting reconvened at 4:50 p.m. Mayor Cox announced he would now hear testimony for and against the matter of the rent control initiative. Reverend Bob Flaugher, 1100 Industrial Blvd., Chula Vista 92011, testified that he presented the petitions to the City Clerk on August 26, 1986 containing 11,318 signatures of registered voters. Reverend Flaugher stated he realizes there were people who may have signed the petition more than once or who may not know they are not registered voters; however, he can assure the Council that well over 10,000 signatures are valid. He asked the Council to listen to these people who are asking for the special election and not to the 34 park owners, some of whom do not even live in the City or State of California. Minutes -2 - September 10, 1986 He added that the initiative as proposed states to the City Council that they are not receptive to the needs of the mobilehome park tenants; the people are asking for justice; their request is for a fair rent; the Council has only two alternatives in being presented with the petitions: (1) they must either accept the initiative as presented or, (2) call a special election. In answer to Councilwoman McCandliss' query, Reverend Flaugher stated he did not use the "legal ordinances" now in effect in the State because they wanted their rent increases based on social security. Ninety percent of the people living in the mobilehome parks do live on social security. Reverend Flaugher added that if the Council feels certain points in the initiative are not valid, they should let the court decide on the legality. He then invited the Mayor and Council to a mobilehome tenants meeting at Lauderbach Center on Sunday at 2:00 p.m. W. Scott Frazier, 444 Anita Street, Chula Vista, stated he worked very hard and enthusiastically to support the City annexing the Montgomery territory. Since the Montgomery community comprises a great number of mobilehome tenants, they are looking to the City Council for help which they are not getting. He asked the Council to consider the number of these signatures and to comply with their request for a special election. Mr. W. H. Heinz, 319 Anita Street, Chula Vista, Thunderbird Mobilehome Park Owner, stated he is opposed to the initiative because it is "unique, unlawful, oppressive, unusual and vicious." Miss Adeline Smith, 725 East Bradley Avenue, #1, E1 Cajon, representing the Western Mobilehome Association, testified that at no time were the park owners contacted for help in writing up the rent control ordinance. Had they been asked, they would have pointed out the invalidities in the initiative. She asked the Council to keep in mind that everything they do today will affect the entire community. CONSENT CALENDAR (4 - 8) 4. REPORT REGARDING THE LEGALITY OF THE RENT CONTROL INITIATIVE (City Attorney) Due to the threatened litigation from park owners and potential litigation from proponent of the initiative, this matter was discussed in closed session. city Attorney Harron testified that he met with representatives of both sides of the Rent Control Initiative. He reviewed the material sent by the attorney for the park owners, Mr. Swanson, regarding the legality of the initiative and reviewed several of Minutes -3 September i0, 1986 the court cases in this state. Attorney Harron stated that it is his opinion that the initiative is consititutionally deficient. He is basing his opinion on the fact that the proposed increases in the rent are based on a social security cap and there is a lack of an adjustable mechanism to adjust the rent with market conditions. Mayor Cox remarked he appreciated the feelings of the people who circulated the petition since it was a great effort. As the Mayor, he finds himself in an uncomfortable position regarding whether or not the initiative qualifies. On the one hand, the City Council has a directive to place this on the ballot. On the other hand, they are being advised by the City Attorney that it is not a valid or legal document. As the Mayor of the City, he is protective of the rights of the citizens. Inasmuch as the election is estimated to cost $45,000, he finds it difficult to take action to pun an invalid initiative on the ballot. Mayor Cox noted the City Council has always been very protective of the mobilehome park tenants. The Council was the first in the County to come up with an exclusive zone for mobilehome parks; they were the first to use Community Block Grant Funds to bring coaches up to code; noted the use of City funds to help Orange Tree Park owners buy their park. The Council met several times in enacting Ordinance 1997, which is now Ordinance 2163, for the rent control mediation issues. The Mayor added that if this new ordinance (2163) doesn't work, he would support taking drastic action in the future on it and would bring it up prior to the November 1987 election so it could go on that ballot. Chula Vista is the only City in the County to have this Rent Mediation Issue Committee. Councilwoman Mccandliss stated she has read the ballot issue, reviewed the legal opinions, and has done a great deal of soul searching on this issue. The one key element is the initiative process. The petitions do qualify for a special election; it should go on the ballot and there will be arguments for and against the issue; the Council should act today to place it on the ballot and not be concerned with the validity which can be dealt with at a later date. Councilman Moore discussed the issue and his concern with allowing it to go on the ballot noting the invalidity of the measures and the cost of the election. He stated there was more to this than just the cost of the election. Council knows that it is unconstitutional and they are still being asked to go through with it. As a Councilmember, he supports the rights of all people; however, he cannot support placing an invalid initiative on the ballot. Minutes -4 September 10, 1986 councilman Campbell stated he agrees with the comments made by Councilman Moore adding that he has agonized over having more than 11,000 people sign a petition and not be given the opportunity to read the entire initiative and know what they are signing. He is convinced it is unconstitutional and does not feel right to ask the rest of the electorate to vote for or against an initiative knowing that it is a bad document. As to the proponents of the intiative, they had the obligation to get all the facts and to give all these facts to everyone signing the petitions. He added he will not be voting in support of placing the initiative on the ballot. MSC (Cox/Campbell) to direct the City Clerk not to forward the initiatve to the Registrar of Voters (to place it on a special election). Councilwoman McCandliss voted "no." Councilwoman McCandliss stated it was dangerous for the City Council to act as "judge and jury" for something which is legal. The petitions qualify as a legal initiative and it should be submitted to the voters of the community. Mayor Cox noted that if the proponents want to challenge the Council's decisions through the court, they may still be able to qualify the initiative for a special election. He hopes, however, that this course of action is not taken and asked that the proponents sit down with the park owners to discuss and revise sections of Ordinance 2016 in order to have "a united voice" and come up with something that is not unconstitutional. 5. REPORT VERIFICATION OF SIGNATURES ON 'PETITIONS FOR RENT CONTROL INITIATIVE (City Clerk) On August 26, 1986, Rev. Robert Flaugher and his Committee presented the City Clerk with petitions for a rent control initiative purporting to contain 11,318 signatures of registered voters. By the Elections Code, the City Clerk is given 30 days to verify these signatures, and on August 26, a 5% random sampling of the signatures was ordered from the Registrar of Voters. The signatures have been checked and the proponents have more than the required number (15%) to have a special election (8,780 statistically sufficient). 6a. RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MAIL BALLOT ELECTION TO BE HELD IN SAID CITY ON TUESDAY, DECEMBER 9, 1986 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF CHULA VISTA A VOTE ON THE RENT CONTROL INITIATIVE (City Clerk) (Not adopted.) Minutes -5 September 10, 1986 b. RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER CERTAIN SPECIFIED SERVICES TO THE CITY OF CHULA VISTA IN CONNECTION WITH THE CONDUCT OF A SPECIAL MAIL BALLOT ELECTION TO BE HELD ON TUESDAY, DECEMBER 9, 1986 (Not adopted.) c. RESOLUTION APPOINTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN DIEGO DEPUTY CITY CLERK OF THE CITY OF CHULA VISTA TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE SPECIAL MAIL BALLOT ELECTION TO BE HELD ON TUESDAY, DECEMBER 9, 1986 (Not adopted.) d. RESOLUTION ORDERING THE CANVASS OF THE SPECIAL MAIL BALLDT TO BE HELD ON TUESDAY, DECEMBER 9, 1986 TO BE MADE BY THE CITY CLERK (Not adopted.) 7. RESOLUTION 12705 APPROVING AGREEMENTS TO IMPLEMENT TWO PREPAID DENTAL PLANS FOR CITY EMPLOYEES AND THEIR FAMILIES FROM BLUE CROSS (DENTAL NET) AND DELTA DENTAL (PMI DENTAL) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Acting Director of Personnel) During contract negotiations this year, the Police Officers Association (POA) and the City agreed that a dental plan would be made available, on a voluntary basis, to members of the POA. After staff considered the various types of dental programs available, it was concluded that a voluntary plan should be made available to all City employees. People with Flex Plan monies can purchase coverage through their Flex Plans and others can purchase the plan through payroll deductions. The Health Insurance Committee studied and evaluated 5 proposals and are recommending the Blue Cross (Dental Net) and Delta Dental (PMI Dental). The major difference between the two plans is the panel of dentists. By offering these two pre-paid plans, the employees have an opportunity to select a plan that best suits their dental needs and can utilize a preferred dentist. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes -6 - September 10, 1986 8. ORDINANCE 2166 AMENDING FHE EASTLAKE I PLANNED COMMUNITY DISTRICT REGULATIONS ADOPTED BY THE CITY PURSUANT TO ORDINANCE NO. 2103 - SECOND READING AND ADOPTION (Director of Planning) This ordinance was placed on first reading on September 2, 1986. MS (Cox/Campbell) to place the ordinance on second reading and adoption. The motion failed by the following vote, to wit: AYES: Cox, Campbell NOES: McCandliss, Moore ABSENT: Malcolm MSUC (Cox/Campbell) to continue this item to September 16, 1986. END OF CONSENT CALENDAR 9. ORAL COMMUNICATIONS None. 10. REPORT OF THE CITY MANAGER a. Dave Beyers, Principal Management Assistant, stated he researched the issue of the Navy Home Port Repair Ship distribution program. Eighteen ships will leave San Diego and be relocated in other areas. The plan is to redistribute them; some to the west coast and others on the east coast. The battleships will be located in New York. Mr. Beyers stated the result will be a definite economic impact in San Diego. Mr. Beyers added he will have more specific information on this item and will be giving it to the Council at the next meeting. MSUC (Cox/Moore) that the City Council take a position in opposition of this redistribution program. 11. MAYOR'S REPORT a. APPOINTMENT TO THE RESOURCE CONSERVATION COMMISSION MSUC (McCandliss/Campbell) to ratify the appointment of Steven Cameron to the Resource Conservation Commission. b. Mayor Cox stated that the Income Property Group has submitted a request to the Council asking for financial assistance with the cost of sponsoring the opening ceremony of the annual boat show which will take place on October 1. Minutes -7 September 10, 1986 Mayor Cox stated he ~jould like to have the Council support the funding up to 50% of the cost for the opening ceremony. The funds could come from the community promotion budget. The sum of $2,100 is needed. Councilwoman McCandliss stated she would not like to see the City pay for any of the cost of catering the event. MS (McCandliss/Moore) as an alternative, the Council will support $700 for the Navy Skydivers and $500 for the tents, stage, microphone and postage for a total sum of $1,200. Councilman Moore suggested that the motion state "non consumable" items. Mayor Cox suggested the motion include paying up to $1,500 dollars for non-food and beverage items to support this effort. Councilwoman McCandliss stated she would inlcude this in her motion. Councilman Moore agreed to the second and the motion carried unanimously. 12. COUNCIL COMMENTS a. Councilwoman McCandliss asked that the staff check into the microphone system in the Council Chamber since the mikes seem to be low and it's difficult to hear the speakers. b. Councilman Moore referred to an article in the National League paper entitled "Clean It or Lien It." This concerns the clean up of vacant lots. c. Councilman Moore referred to the memo from the City Clerk stating that the Boards/Commissions/Committees Workshop has been scheduled for September 25; however, she understands there may be a conflict on the part of the Council and questioned whether the date should'be changed. A poll of the Councilmembers indicated there was no conflict and directed the City Clerk to go ahead and schedule the workshop for the 25th of September. ADJOURNMENT AT 5:45 p.m. to the regular meeting of Tuesday, September 16, 1986 at 7 p.m. 0870C