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HomeMy WebLinkAbout2008/09/30 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. ~I ,,~~ {,; /' c;Jt1l1fL-- ~ F.r ed '-1-U,-01 Signed vW -.... .~~~~ .......- ~~ eflY OF CHULA VISTA /ty Cheryl Cox, Mayor Rudy Ramirez, Councilmember Scott Tulloch, Interim City Manager John McCann, Councilmember Bart Miesfeld, interim City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda, Councilmember Notice is hereby given that the City Council of the City of Chula Vista has called and will convene a Special Meeting of the City Council on Tuesday, September 30, 2008 at 4:00 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California, to consider the items on this agenda. September 30, 2008 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue SPECIAL MEETING OF THE CHULA VISTA CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ACTION ITEM If you wish to speak on the following Action Item, please fill out a "Request to Speak ,. form (available in the lobby) and submit it to the City Clerk prior to the meeting. 1. PUBLIC INPUT REGARDING DESIRED CHARACTERISTICS FOR THE POSITION OF CITY MANAGER Page I - Council Agenda htto: !www.chulavistaca.zov September 30. 2008 OTHER BUSINESS 2. CITY M.A.NAGER'S REPORTS 3. MAYOR'S REPORTS 4. COUNCIL COMMENTS Deputy Mayor Rindone: Five New Flyer buses (report ofMTS action) CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph Ai Brown Act (Government Code 54957.7). 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager 6. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICA.l\IT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case. ADJOURNMENT to the next Regular Meeting ofOctQber 7, 2008 at 4:00 p.m. in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue. Building 100, during normal business hours In compliance with the AMERICA1VS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access. attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services and activities. California Relay Service is also available for the hearing impaired. Page 2 - Council Agenda hUJl :,/,"v./ww .chulavistaca. gOY September 30, 2008 T \\eves"", A:CEXYO Th~ City Manager must be a person who will encourage and help the city meet the goals of its stated mission: City Council Mission Statement The City ofChula Vista is committed to build and nurture a progressive -nothing progressive about taking money to forget about an environmental policy put in the GP specifically to protect residents- and cohesive community-this community has not been cohesive for years with initiatives and lawsuits and angry demonstrations- which values our diversity-this is hardly the case when the answer machines don't even have a Spanish option-, respects our citizens- looking at the streets and alleys and the willingness to place a heavy industrial peaker in a light industrial zone adjacent to residential it is obvious the council has no respect for the citizens of the southwest , honors our legat.y-the legacy that should be honored is how the council in 2001 after having made a huge mistake in allowing a little peaker in 2000 fought rigorously against its expansion, and embraces the opportunities of the future- this heavy industrial use in a light industrial zone adjacent to residential totally destroys opportt.mities for a less poll\lting, more harmonius futl1re for the southwest community. We need a city manager who will fight vigoro\lsly against allowing precedents s\lch as this in our neighborhoods, which would make similar uses in the future more likely. . A new City Manager needs to be a person with values and courage that will stand up for all our communities, not just the affluent ones and NOT allow a heavy industrial use such as this peaker in a light industrial zone 350 feet from residential!! The CEC staff has said in the pre-hearing report page 2 that there is absolutely no gro\lnds for the CEC to over-rule any law, ordinance or reg\llation the city has. If this peaker is approved it will be 100% the fault of the city council and the city manager for not making it crystal clear that our General Plan policies and ordinances are violated by the proposed inappropriate location of this heavy industrial peaker power plant. We need a City Manager who will support and encourage staff to follow the values expressed on the councirs website. #1 is Commitment: An environment characterized by employees willing to pledge themselves to a position or an issue Employees now don't dare to express any opinion not conforming to the opinion they believe is held by the council and/or mayor. City's staff sat through numerous hearings refusing to express any opinion about the obvious conflicts between the proposed location of this peaker and 6 Goals of the Redevelopment Plan. 8 General Plan policies. and 4 Zoninl! Ordinances. We need a city Manager who will hold the policies, goals and ordinances written to protect the health, safety and property values of the existing residents and businesses in high regard and insist upon their enforcement to protect the existing residents and business from heavy industrial uses next to their properties in conflict with these ordinances and policies. We don't need a City Manager who is a lap dog or attack dog for the mayor. We need an independent and strong Manager who is willing to express his or her opinion strongly and back it up with facts and data if needed. Our charter is clear that the City Manager has the responsibility for the management of day to day operations without interference by the mayor and council. This is why he/she gets nearly $400,000 when their benefits are included in their salary. We need a City Manager who will clearly corrununicate to the CEC that the only way to avoid violating 6 Goals of Redevelopment Plan, 8 General Plan Policies and 4 Zoning Ordinances is to put the peaker plant somewhere else. It remains to be seen if the appointed City Attorney will be capable of giving a simple corrunon-sense non- political interpretation of the city's laws and policies. This is why I favor an elected City Attorney who will be able to stand up to the political pressure from the council and protect the health, safety and property values of the existing residents and businesses from inappropriate uses such as this proposed peaker plant. Perha[ps, the only way we will get a strong, independent City Manager who sees hislher job as protecting community members is by having an elected City Manager. 100ked'at-. We need a city manager who will insist upon city council values: City staff needs to tell the Commission in no uncertain terms that this location violates policies and ordinances of the city of Chula Vista and must be rejected. The council must make it clear to staff through a City Manager who shows respect for the residents that the proposed location for the MMC peaker plant is NOT acceptable, because it violates laws and policies designed to protect existing residents and businesses. The peaker is contrary to these six l!oals ofthe current Five Year Redevelopment Plan: Eliminate Blight: Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Areas in accordance with the Redevelopment Plans. Stimulate Economic Growth: Attract, expand, and retain desirable business and industry which effectively increases employment opportunities for community residents and enhance ,the tax base of local governments. Jobs for the Neighborhood: Promote local employment opportunities. Protect Local Businesses: Encourage the cooperation and participation of residents, businesses, businesspersons, public agencies, and community organizations in the redevelopment/revitalization of the Project Areas. Promote Compatible Development: To encourage the development of residential, commercial, and industrial environments which positively relate to adjacent land uses, upgrade and stabilize existing uses, and preserve artistically, architecturally, and historically worthwhile structures and sites. To provide for the development of distinct commercial districts, to attain consistent image and character, and to enhance their economic viability. Provide Quality Design: To remove impediments to land assembly and development through acquisition and repareelization of land into reasonably sized and shaped parcels. To expand the resource of developable land by making underutilized public and privately owned property available fur redevelopment. To achieve an environment reRecting a high level of concern for arcbitectural, landscape, and urban design principals appropriate 10 the objectives of the Redevelopment Plans. Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces and discourage "spot zoning" and piecemeal planning practices. The two 70 foot towers will treate visual bli!!:ht for businesses. homes and users of the OVRP. The buildin!!: itself will be a shmificant bli!!:ht for the commercial tvDe buildin!!:s on the east and west. http://www.youtube.comlwatch?v=fOuSraebOqc A buIldln!! such as this oDeratln!! 20 feet away will not attract businesses to.the Industrial build In!!: to the east. The DeoDle who bou!!:ht here thou!!:ht it was !!:oin!! away. This does not help their business Dotential at all. http://www.youtube.com/watch ?v=yFbu8tcCa W A One part time emDloyee does not Dromote emDloyment oDPortunities or security. http://www.youtube.com/watth?v=rdgOlM8bIZI A peaker Dlant does not Drotect local businesses. This is not compatible development. It does not positively relate to adiacent landuses. particularly on the east and south. This is NOT a Qualitv desil!D for the area. There is no butTer with the businesses to the east. This is "sDot zonin!!" and Diecemeal Dlannin!!:. This heavy industrial use belon!!s elsewhere. Placin!! it here totallv contradicts all the plans for this area. The Redevelopment Plan further states about the Montgomery area: It is also characterized, however, by numerous light- industriel uses end large-sized percels, perticulatly along Main Street, that will provida important redevelopment and economic development opportunities to the City, including the creation of new commercial and light-industrial uses, and the environmental cleanup of contaminated properties. The peaka is NOT light industrial. The peaker does none of this. iust adds visual bli!!:ht tbat will discoura2e the sale of tbe rest of the condos adiacent to it. Page 4.5-8 clearly indicates the problems the peaker will cause: In general, a power plant and its related facilities may also be incompatible with existing or planned land uses, resulting in potentially significant impacts, if they create unmitigated noise, dust, or a public health or safety hazard or nuisance; results in adverse traffic or visual impacts; or precludes, interferes with, or unduly restricts existing or future uses. . Violates the General Plan: E 6.4 Avoid siting new or re-powered energy generation facilities and other major toxic air emitters within 1,000 feet of a sensitive receiver, or the placement of a sensitive receiver within 1,000 feet of a major toxic emitter. There has been no effort expended to avoid this placemenL A citizen has an "I" zoned lot at the end of Energy Way. Ther is a small substation already near-by at the landfill. It would have to be upgraded but so would the Otay substation, which the community opposes. There is a big potential problem with upgrading the Otay substation and adding more voltage. The existing transmission lines through out the area are old and dilapidated. There was already a fire and explosion caused by a short on these lines a few weeks ago. The video on alleys shows what a mess of wires is all over this area. Some more General Plan Drovisions violated by Deaker at this location: Oblectlve - E 20 Ensure that facilities uslnfl. storlno. and handl/nfl hazardous materials and waste do not result in sionificant adverse effects to existino and IJlanned surroundino land uses. The situation around this plant now is totally different than in ZOOI when it was surrounded by jUIlKyards and other storage facilities willi a variety of hazardous materials. Now to the west and soon to the east are large meat processing plants. (Will conswners think that the particulate matter might contaminate the meat?) Across a 20 foot driveway to the east is an upscale design studio and a print shop. These businesses depend upon client visits. A facility such as a large generating facility with a cheap chain link fence with slats and two 70 foot tall smoke stacks will likely have a significant adverse effect upon these businesses just due to visual blight and public perception. Will international business people wish to attend workshops at a studio adjacent to something like this or come to drop off work or view show room samples? Modello Studios bought this condo. They were told by the developer that the plant was not functioning and would be tom down within 10 years and the area redeveloped with another use. When they were in National City they hosted several international conferences of design professionals who wanted to learn their techniques of stenciling. They were hoping to do the same here, but are not sure people will come. Sir Speedy Printing gets phone and online orders, but also expects people to drop by with work. Will people be willing to come passed this plant in operation? This is an incompatible land use with what is ill!!! adjacent to it. It was always incompatible with the homes and schools and the council realized that when RAMCOIl was proposed, and fought it vigorously. The original plant was approved in a hurry without discussion of the nearby homes and schools. No one realized what it was until it was too late. Now we know and we want it gone. The council realized that when PG&E immediately asked for an expansion and people were complaining because of the noise, emissions and visual blight from Beyer Way, Montgomery Headstart, Montgomery High, Montgomery Adult, the homes on the ridge across the river and, until the warehouse was built, the residents within 350-500 feet. Now the existing plant is hidden by the warehouse although the residents can still see the plwne above the warehouse when it operates. On Alvoca there is a view between Heartland Meat building and the one to the North directly across to the new warehouses to the east. Since this new plant is to be further north on . the parcel, they likely will have a direct view of it through this opening. This new plant is NOT consistent with the current development pattern. IntensifYing industrial development is totally contrary to the development plan for this area. Most of the occupants of the new warehouses are of a more retail/commercial nature. Only the one small machine shop on the west, which has a CUP and is totally contained within its building is of an Industrial Nature. An electrical generating plant belongs in a Heavy Industrial Zone not in a limited Industrial zone that is being developed with import businesses, a vitamin store, a construction supply store, a computer store, a paint store, design studio, print shop, etc. The uses on the west have their back to it, but on the east it is 20 feet away from their front doors. This is not compatible at all. It also is non-conforming to the zoning of the area. Even the electrical power lines adjacent to the uses on the east are seen as troubling by employees and quite likely potential customers. LUT 5.6 talks of revitalization. An intensification of the peaker and addition of two 70 foot towers will lower the property values and development potential in the area, since surrounding uses have radically changed since 2000. LUT 6.8 There is no guarantee that people will not be negatively impacted by the transport of anunonia. The County gave 80% credit for containment of ammonia due to polyballs, which are an unproven controversial technology. Essentially the protection is doubtful in the event of an accident or spill. LUT 7.3 The minmal requirement of 1.000 feet from schools is new. The older requirement was a half mile. which was minimal. This is not being met for 6 schools: Montgomery Headstart, Montgomery Adult, Montgomery High, Otay Elementary, Albany Headstart, and CVESD Pre-K which are all less than a half mile from the peaker. This plant running up to 800 hours per year will make this situation worse. http://www.youtube.com/v/5yIGdmNfA3s LUT 45.5 The proposed peaker is NOT consistent with this policv since the planned use is for upscale Iieht industrial. NOT heavy industry. The north and south sides of Zenith are residential and would not he compatible with heavy industrial or even many light industrial uses. The community is totallv opposed to this section of the General Plan and plans to petition for an amendment. The city does not have eminent domain due to Proposition C so the lots on the north of MainS!. wlll not be extenedcd. LUT 45.6 CVEUP would violate this objective because of its heavy industrial nature. The plan calls for light industrial and an elimination of non-conforming uses such as CVEUP. ED 1.3 Again CVEUP is not the kind of industrial envisioned by the General Plan. PFS 22.4 This use does not minimize impacts to the community. Nothing is being under grounded and there is a maze of wires all around the substation and along the driveway. ActuallyCVEUP should go elsewhere and the substation should be moved to the site with under grounded wires. It is not true that this area needs 100mw more of power. Looking at the map one can see we already have almost 62 mw;iOO.Ooo people. which is way beyond our current and future needs. Many other areas in San Diego County have less than 10mw. This plant could be put anywhere in the region and serve the same effect for stabilizing and providing peak energy. The eastern area of Chula Vista has the highest energy demand. The west Is lower so if this logic made sense the plant would be in the east. It also violates the following ordinance: Chapter 19.46 1- GENERAL INDUSTRIAL ZONE 19.46.010 Purpose. The purpose of the I zone is to encourage sound industrial development by providing and protecting an environment exclusively for such development, subject to regulations necessary to insure the purity of the airs and waters in Chula Vista and San Diego County, and the protection of nearby residential, commercial and industrial uses of the land from hazards and noise or other disturbances. (Ord. 1281 S'I, 1970; Ord. 1212 S I, 1969; prior code S 33.514(A)). 19.46.010 Permitted uses. . Permitted uses in an I zone are a:~ follows: E. Electrical generating plants and liquefied natural gas plants; The existing plant dearly violates this ordinanee and should be immediately issued a "eease and desist order" and be required to clear to bare land as soon as this improperly loeated plant is rejected: 19,64.070 Cessation 'of use defined - Time limits. A use shall be deemed to have ceased when it has been discontinued either temoorarilv or oermanentiv. whether with the intent to abandon said use or not. A. Cessation of Use of Buildint! Desit!ned for Nonconformint! Use. A buildint! or structure which was orit!inallv desit!ned for a nonconformlnll use shall not be out to a nonconforminll u.~e allaln when .~uch use has ceased 12 months or more. This peaker did not operate for two years. It was illegally restarted several times by MMC Energy. For any other business in the I-L zone this would be considered illegal. For this business it should also be considered illegal. By ceasing operations for more than a year they voided their SUP and have been operating without a permit. They are a non-conforming use with no SUP. This is in violation of zoning codes and city code enforcement policy. The original MND also required that the generators and pollution equipment be updated every two years. PG&E ehose to close down instead of doing this. CLEARLY THE CVEUP AND THE EXISTING PLANT ARE NON-CONFORMING USES AND AS SUCH ARE A PRIORITY FOR ELIMINATING FOR CODE ENFORCEMENT. (On Mav 13t11 we were told that code enforcement was.trvine to eliminate all the non"conformine uscs from this zone. Brad Ramp made this clear to several used car dealers and their supporters on the steps of city hall on 5/13/08. The city manager and Nancy Lytle also made this clear at the Code Enforcement workshop last month. The small plant was and is non-conforming. The proposed plant being a "large generating plant," requiring upgrading of the substation is even more non-conforming and belongs In an I General Industrial Zone, NOT HERE. 19.64.010 Declaration o/policy. Many nonconforming lIses within the city are detrimental to the orderly development of the city and adverse to the general we(fare o.fpersons and property, in that said nonconforming uses constitute a special benefit or monopoly. In conformance with good zoning practices, it is the policy of the city that nonconforming uses shall be eliminated as soon as i/ is economically ftasible and equitable /u do so. (Ord 1212 J I, 1969,' prior code S 33.//01 (A)). 19-181 Chula Vista Municipal Code 19.64.080 19.64.050 Enlargement, extension or reconstruction prohibited -Exceptions. A nonconforminll use shall not be enlarlled. extended. reconstructed. substituted or structurallv altered. except in conformitv with the (lrder (If" dulv c(lnstituted "uth(lritv. unless the use is (h"need t(l " use Dermitted in Ihe z(lne in wilich such buildinll or premises is located. and except as set forth in CVMC 19.64.060 throullh 19.64.180. (Ord. 12121; 1.1969: orlor code I; 33.1102). The Energy Commission must be told in no uncertain tcrms that these are violated by the proposed MMC peaker plant. NOTICE OF INTENTION TO CIRCULATE RECALL PETITION TO THE HONORABLE Cheryl Cox: Pursuant to Section 11020, California Elections Code, the undersigned registered qualified voters of Chula Vista in the State of California, hereby give notice that we are the proponents of a recali petition and that we Intend to seek your recali and removal from the office of Mayor, in Chula Vista, California, and to demand election of a successor in that office: The grounds for the recali are as foliows: Inefficient/Ineffective Leadership: inability or unwillingness to negotiate compromises has resulted in initiatives, antagonism and costly court cases; Bungled termination of the City Manager; Poor staff morale. Fiscallrresponsibilitv: excessive use of consultants; no bid contracts; costly reports without council consensus; misuse of staff time; poor understanding of budget problems: cancellation of fireworks and other community events. Poor Interface with the Community: improper use of closed door sessions; attempts to limit and stifle public comment; condescending attitude toward fellow council and community members with whom she disagrees; lack of concern for the health and safety of all community members Environmental MismanaQement: has weakened environmental policies; lack of strong, comprehensive energy policy; refusal to oppose inappropriate placement of MMC peaker power plant. Violatinq Conventional Standards of Fair Play: encouraged costly, politically motivated court cases against political opponents; ignores environmental justice policies and laws; willing to allow the placement of a peaker plant in violation of city ordinances and General Plan policy; preferential treatment for political allies and out of town developers The printed names, signatures, and residence addresses of the proponents are as foliows: NAME ADDRESS URE 1. 2. 3. ~,~~ 5QJ:.~7/Qj~ [?AvIO ~. OAV\<, 4. /-' 6. 7. B. 9- 10. 11. 12. 13. 14. 15. 16. INTENTION TO C-1R.CULAiE I(EC-AL_L PEi~TI{)J Qj/)(f' CC("-'Y'<I~OJ?eL -~~~~\~~__~V~ r'A <1,( C, I :j- ~bc- J) ~ '214"",-- 0'4",,,, Vt3-Q"-. -~'!!!!JIl!t-~~~____~~ <cnVIf'>.VL~~(.>, (? 91'11\ ~UJnCa Qr--J :D~(\\~ ~ f'Jl<<.", An n f4.'Ji. {~ ( Jf:- L 9Ft!!) 717/~-~~~' C\\Ox\\ ~ 17. 0tl;{ OV 11'1{D lB.~I7IC; rf/Dvffe( ~c.J o/IC111 ""M~ VI? c~ 19_jl~,:~q ~l',~,r~l), ~~t-VI~J+~191/A~~ 20. j:7Tle L(jPI >" ! 9/1 ,;1..1 tlN/ I; & ,edlJsi7 . J CI/ I 9/9'// A copy of this notice and proof of service will be filed with the City Clerk. Elections Code ction 11023. (a) Within seven days after the filing of the notice of intentio~: the officer sought to be recalled may file with the elections official, an answer, in not more than 200 words, to the statement of the proponents. (b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of intention. (9) The answer shall be signed and sha'lI be accompanied by the printed name and business or . residence address of the officer sought to be recalled. NOTICE OF INTENTION TO CIRCULATE RECALL PETITION TO THE HONORABLE John McCann: Pursuant to Section 11020, CalifomiaElections Code, the undersigned registered qualified voters of Chula Vista in the State of California, hereby give notice that we are the proponents of a recall petition and that we intend to seek your recall and removal from the office of City Councilman, in Chula Vista, California, and to demand election of a successor in that office: The grounds for the recall are as follows: Inefficient/Ineffective Leadership: Bungled termination of the City Manager; agrees with almost everyone, but follows through rarely; often overly influenced by the opinion of mayor; willing to ignore General Plan policies and ordinances for favored developers. Fiscallrresponsibilitv: has approved excessive use of consultants and no bid contracts; allows developers to benefit at expense of existing residents & businesses; voted for spending reserves to meet operating expenses. Poor Interface with the Community: improper use of closed sessions; lack of concern for the health and safety of all community members. Environmental Mismanaqement: voted to weaken city's environmental policies; refusal to oppose placement of peaker power plant within 350 feet of homes and near schools. ' Violatinq Conventional Standards of Fair Plav: has berated fellow council member in public from dais; goes along with preferential treatment for out of town developers. The printed names, sign~tures, and residence addresses of the proponents are as follows: 1, SIGNATURE 2. C" 3. N.': Y', G\J,ql\l ~iV.q'iflf~w:/~ ~c~,~:q" ~~W:l~~ 4. YP[V'j1) (;;:, DAVi s 5.~~~ ~ H1~~=~ 6. ~iOA JOh'1FiJ v" .,". .') ~~ ~ 7. ~~.2- ~~. \A~ ell- q/qtf; (Xl{y::' . f!S--'-~a-- u 4",- 8.311'';'''''' V t:::R,c ~~. _;~.W"~.,-'''.''',~ Chu /4 \lIst", CA-\\FOrNIA cU91.) 9. F3lon~J~~~I)!I,"I\yil CJ(\L.LjoJ/J,~P),qlqll e~~ 10. An elinA, G?lV v. Ct1 I V rJ. f.tt[ q;. , 12~E &EY Clf-uLA VJs771 CII.9Fh I " ]//"\ 13. }Aa-l-,{J", K?oclr\3Id? ~ (LU 0-11- '7 J ?/s ft.~ 14. S\.)~ \..0...9..\ _ C~0\6.. \),~\q C .(\. Ct\<\:\\ ~ 15. ~~\ 0CA\~~(j ~~ (\'j <>Ao..\C\\ , .. 16. Mav kn e\'~-tyZ, ,I). i/ilS 0\ , 17. (J/o i f1 {!/W tJ/ ~ :'~.'-ll (!~1 oe'2. ~ &-qlcrt( 19~7T)t Lv.p)')~~mj~YI c!..,v-cpj?f'?~l . , 20~,.<,q<<,. ~",..r"')~.1\~\~_VI~A-qll)'l( ~~0 11. A copy of this notice and proof of service will be filed with the City Clerk. Elections Code section 11023. . (a) Within seven days after the filing of the notice of intention, the officer sought to be recalled may file with the elections official, an answer, in not more than 200 words, to the statement of the proponents. (b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of intention. (c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought to be recalled. ~ ~M ( m<21ZN Pr7Jo')J4( \~ ~"\.\"\ec{v.\- . C( ~ /co(J;;J7 tvvwoJ3-etvu-J (1sj""c ICMA Code of Ethics ICMA members adhere to the principles of the ICMA Code of Ethics, developed in 1924, as a condition of membership and agree to submit to a peer-to-peer review of their conduct under established enforcement procedures. ICMA's Code of Ethics, most recently amended by the membership in 1998 to reflect changes in the profession, includes Guidelines to assist members in applying the principles outlined in the Code. The Guidelines were adopted by the ICMA Executive Board in 1972 and most recently revised in July 2004: Individuals seeking advice on ethics issues or enforcement are encouraged to contact Martha Perego, ICMA's director of ethics at 202/962-3668 or email mpereao\q)icma.org. For a version of the Code with guidelines, click here, or visit the Ethics Advice section. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Tenet 1 Be dedicated to the concepts of effective, and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Tenet 2 Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant v Tenet 3 Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. J Tenet 4 Recognize that the chief function of local government at all times is to serve the best interests of all people. Tenet 5 Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Tenet 6 Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. Tenet 7 Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Tenet 8 Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Tenet 9 Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. Tenet 10 Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Tenet 11 ^ /Handle all matters of personnel on the basis of merit so that fairness and [;.--/ impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Tenet 12 Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest.