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HomeMy WebLinkAboutcc min 1983/02/17 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, February 17, 1983 Council Conference Room 5:11 p.m. City Hall ROLL CALL Councilmembers Present Mayor Cox; Councilmembers Malcolm, Moore, McCandliss, Scott Councilmembers Absent None Staff Present Acting City Manager Asmus, City Attorney Lindberg 1. RESOLUTION NO. ~1174 - SUPPORTING AB 498 The Legislative Committee of the City of Chula Vista has recommended the endorsement by the City Council of AB 498 which would extend the time for the requirement of the adoption of spheres of influence. This bill is in response to the Santa Cruz decision whereby the Apellate Court held that the legislature specifically mandated that local agency formation commissions must have an adopted sphere of influence for local government agencies within its jurisdiction in order to initiate, review, approve, or conditionally approve, or disapprove proposals affecting that local agency, including annexations to such agencies. City Attorney Lindberg recommended that upon adoption of this resolution, the Mayor prepare a letter to all members of the government committees conducting a hearing on this matter and urge the immediate adoption of required legislation. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 2. MEMBERS' COMMENTS a. Councilman Moore distributed copies of a draft promotion coalition letter and requested that all Councilmembers join in this effort to form a Chula Vista Promotion Coalition. b. Mayor Cox reported that he and Mr. Chuck LeMenager (Chula Vista Investment Company) met in Sacramento with the California Department of Fish & Game regarding the Corps project. The environmental agency indicated that they would stand by their letter of support on this project. Also, in a meeting with Senator Deddeh and Assemblyman Peace, the importance of this project to the Cities of Chula Vista, National City, and the County of San Diego was explained resulting in a draft letter prepared by the Senator and Assemblyman to be forwarded to all Coastal Commission members. A meeting will be held with the Coastal Commission on Thursday, February 24 at 9:00 a.m. regarding this project. Adjourned Regular City Council Meeting -2- February 17, 1983 c. City Attorney Lindberg discussed a possible conflict of interest item raised by Mr. Cliff Roland, a member of the Board of Ethics, involving Chula Vista Sanitary Service. A possible conflict of interest exists as a result of Councilman Scott's participation as stockbroker for the principal owner of the local sanitary service during a period prior to the award of the franchise late last year. It was noted that Councilman Scott had solicited opinions from the City Attorney as well as the Fair Political Practices Commission (FPPC) prior to taking action on this item and he was advised that no conflict of interest was apparent. However, upon further consultation with the FPPC's Counsel, Mr. Robert E. Leidigh, it was concluded that Councilman Scott should have disqualified himself in the total decision-making process relative to the subject franchise. Therefore, City Attorney Lindberg advised that since Councilman Scott's vote in this decision was not determinative (the matter being a 5-0 decision), and in order to resolve this matter, he should declare that there was a conflict of interest and the City Clerk should be directed to record his vote as an abstention. Councilman Moore asked if reconsideration of the ordinance is necessary if a vote is being changed. City Attorney Lindberg stated that unless the vote was the decisive vote, there would be no need to reconsider the ordinance. Councilman Malcolm expressed concerns regarding the contract term. City Attorney Lindberg stated that the Council ultimately approved a five-year franchise for Chula Vista Sanitary Service. However, Councilman Malcolm pointed out that the term originally considered by the Council was for ten years and the motion to consider a five-year term was amended by a 3-2 vote. Mayor Cox suggested that since the outcome of the action taken by the Council was a decision to grant a five-year franchise, which is currently the subject of pending litigation, it might be appropriate to discuss this item further in Closed Session. MSC (Cox/Moore) to discuss this item in Closed Session. (Councilman Scott abstained.) The Council recessed to Closed Session at 5:35 p.m. The Council reconvened at 6:00 p.m. As a result of discussions in Closed Session, Mayor Cox asked Councilman Scott if he desired to acknowledge a possible conflict of interest and that his participation in all matters relating to the franchise of Chula Vista Sanitary should have been an abstention based upon that conflict. In response, Councilman Scott explained that three out of four opinions he obtained indicated that no conflict of interest existed; therefore, the Adjourned Regular City Council Meeting -3- February 17, 1983 conservative opinion should be taken. However, he declared that according to the Fair Political Practices Commission a conflict of interest does exist and all action taken at the subject meeting should now be recorded as an abstention. MSC (Cox/McCandliss) that the City Council acknowledge that there was a possible conflict on the part of Councilman Scott regarding the Chula Vista Sanitary Service franchise, and that all matters relating to that franchise should have been in abstention based upon that conflict. (Councilman Scott abstained.) ADJOURNMENT at 6:01 p.m. to the re9ular meetin9 of February 22, 1983 at 7:00 p.m. AAH: vt WPC 0266C