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HomeMy WebLinkAbout1991-08-27 CRC MINS . . . MINUTES OF THE SPECIAL MEETING AND ADJOURNED REGULAR MEETINGS FROM JULY 16, 1991 AND ADJOURNED REGULAR MEETING FROM AUGUST 20, 1991 OF THE CHARTER REVIEW COMMITTEE August 27, 1991 Council Conference Room 6:00 p.m. ------------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Jack Blakely, Susan Fuller, Sharon Reid, Ted Hillock, and John Dorso (arrived at 6:07 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Assistant City Attorney Rich Rudolf The meeting was called to order by Chairperson at 6:01 p.m. Following the roll call, MSUC (Fuller/Blakely) that the minutes of the meeting of June 18, 1991 be approved. There being no members of the public present, there were no public comments. with regard to Agenda Item 4, Assistant City Attorney Rudolf reported that the only items remaining for Committee attention were listed on tonight's agenda, plus potentially a revisiting of the "quasi-public bidding" proposal of the City Attorney. Item 5a (District Elections), the Commi ttee discussed that the idea to consider district elections in Chula Vista originated with former Member Batara and that it arose at least partially out of the City having been sued. Assistant City Attorney Rudolf clarified that the lawsuit had been successfully defended, with the City being dismissed from the lawsuit on a motion for summary judgment. MSUC (Reid/Fuller) to dismiss further consideration of the distr ict election concept. The Commi t tee was very strongly. of the opinion that the current system provides for healthy competition while encouraging the electorate to participate in the election with regard to all seats. Agenda Item 5b (Increase in Number of Council Seats). Member Blakely expressed some concern that sometimes only three persons were making decisions for a population of 130,000. Membe.r Reid pointed out that the Charter Review Committee was no longer sit ti ng in an ad hoc capaci ty, but was regular ly convening and could cons ider the potential necessi ty for addi t ional seats at any time, but that 1992 was too soon. MSUC (Hillock/Reid) to dismiss consideration of increasing the number of Council seats at this time because the need for additional seats was not critical at this point, and because the Charter Review Committee was available to review that need as it became necessary in corning years because of its regularized status. . Charter Review Minutes Meeting of 8/27/91 Page 2 Agenda Item 5c (Interim Appointment of Councilmember/Mayor). Member Hillock stated that the Charter already required the Council to appoint someone. He preferred an amendment to the Charter to require that appointment and put some specific time limi t on when that occurred. Member Fuller suggested changing the Charter to require appointment by the remaining members of the Council when there was a vacancy, within thirty days of the vacancy. Member Blakely suggested the Charter only require the appointment of a Councilperson in the event of any vacancy and then requi re those five per sons to select an inter im Mayor, if the vacancy had occurred in the Mayor's seat. Member Hillock suggested that there be a specified time for the appointment of theCounci lper son and then an additional thirty days to select the interim Mayor who would serve until the next general election. wi thou t a formal motion, the Commi t tee di r ected s taf f to prepare language and br ing it back for consideration of the full Committee at the next meeting. . Agenda Item 5d - Assistant City Attorney Rudolf reported that the Council referral with regard to emergency meeting notices need not be considered by the Committee, and that the City Attorney's office would be advising the Ci ty Council that the Brown Act pre-empted any Charter provision wi th regard to meetings except for providing the time and place for Council's regular meetings, as authorized by the Brown Act. Accordingly, the Ci ty Attorney will advise the City Council that no provision relating to notices for emergency meetings can be placed in the Charter, and existing Section 307 with regard to Special Meetings is pre-empted by the Brown Act and should be placed on the ballot for repeal by the people. . The Committee then again discussed the provisions of Charter Section 306 requiring the Council to hold regular meetings at least once each month at the times it establishes by ordinance or resolution, in connection with the provision in Charter Section 303 creating a vacancy when a member of the Council "is absent from all regular meetings of the Ci ty Council for a per iod of th ir ty days consecu ti vely f rom and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes...". The Committee was willing to consider a potential change to the Charter, but desired more detailed information as to the problem experienced or anticipated by the Councilmembers with the thirty day vacancy provision, so that their cure could resolve the perceived problem. Staff was directed to obtain more detail from the tape, Council minutes, or a Councilmember or members who most directly expressed the potential problem, and place the matter on the agenda for the next meeting. . . . Charter Review Minutes Meeting of 8/27/91 Page 3 Item 5e - Member Blakely inquired how it was possible for the campaign contribution ordinance to be amended to allow a legal defense fund exception. Member Reid pointed out that there had been a subcommittee of the Charter Review Committee which forwarded a draft campaign contribution ordinance to the Council, but that it had been amended. Assistant City Attorney Rudolf pointed out that the Council modified the proposed campaign contribution ordinance several times before it was adopted after Charter Section 904 was added in the November, 1988 election. The Charter requires the Council to adopt an ordinance regulating campaign contributions. That ordinance was subsequently amended more recently, to specifically provide an exception for a legal defense fund. That change took place in the form of an ordinary ordinance amendment, that is, introduction at a public meeting followed by adoption upon second reading at least five days thereafter, followed by publication in a newspaper of general circulation within fifteen days after its passage (as required by Charter Sections 311 and 312). The Commi t tee consensus was to place an i tern on the agenda for the next meeting wi th regard to the potential prohibi tion of a gift of public funds in the City Charter. All the business pending before the Committee having been attended to, the Chair adjourned the meeting at 7:20 p.m. The Committee's next regular meeting will be at 6:00 p.m. on September 17, 1991 (not on September 24, 1991 as previously indicated on the agenda for the August 27 meeting). Respectfully submitted, 9246a 1rll ~h~ L~_ D. Richard Ru If Assistant . Attorney