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HomeMy WebLinkAbout1992-01-21 CRC MINS . . . J ., MINUTES OF A REGULAR MEETING OF THE CHARTER REVIEW COMMITTEE January 21, 1992 council Conference Room 6:00 p.m. ------------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Jack Blakely, Susan Fuller, Sharon Reid, Ted Hillock, John Dorso and vickie Turner MEMBERS ABSENT: None STAFF PRESENT: Assistant City Attorney Rudolf The meeting was called to order by Chairperson Campbell at 6:03 p.m. The roll was called and all members were present. MSUC (Reid/Dorso) to approve the minutes of the November 19, 1991 meeting. There were no comments from members of the public. Agenda Item 4: The Committee followed up on discussion at the November 19 meeting regarding a new Section 2.52.115 regarding notice regarding independent expenditures. The proposed new section would be very similar t~ the existing section 2.52.105 requiring notice regarding expenditure of personal funds in excess of $5,000, except that this provision is related to "independent expenditures" which are otherwise unregulated by the law. The proposed provision would require notice to the candidates and the City Clerk when cumulative independent expenditures exceed $5,000 total, and because of the notice requirement not later than twenty-one days prior to the election, effectively would prohibit late independent expenditures unless earlier notice had been given in accordance with the section. MSUC (Blakely/Reid) to recommend that the City Council amend Chapter 2.52 of the Chula vista Municipal Code to add new Section 2.52.115 as presented to the Committee by staff. Agenda Item 5 - Runoff Election Where No Candidate Receives Fifty- one Percent of the Vote: Mr. Rudolf reported that Charter Section 902 currently adopts the general law set forth in the State Elections Code as the procedure applicable for municipal elections, except for a charter prohibition against having a mail ballot for elections for Councilmembers and Mayor. Under the general law, when candidates for a nonpartisan office run for election, the winner is the person receiving the highest number of votes at that election, whether or not they obtain the majority of the votes cast in that election (plurality vote wins). The Charter could be amended to provide some other method to determine a winner. Member Hillock stated he . . . Charter Review Committee Minutes Meeting of January 21, 1992 Page 2 was interested in a provision requiring more than fifty percent of the votes to obtain office since the City had become so large. Member Reid stated that the City's elections used to be resolved on the basis of a requirement for in excess of fifty percent and where no candidate obtained more than fifty percent, a runoff election was required. She stated that the City's experience had been that the person who obtained the highest number of votes in the first election, although only resulting in a plurality victory always won the runoff election. Therefore, the City Council determined it was better to save the money being spent on the special elections for the runoffs and allow the victor to be determined by the plurality vote. Member Blakely asked why the Charter prohibited the mail ballot for election of the Mayor and Councilmembers. Staff was requested to report on any history regarding that prohibition at the next meeting. Chairperson Campbell, in response to a suggestion that the Committee hold wider publicized public hearings to obtain input on the issue, stated that he was reticent to go to the public without first making a recommendation to the Council. The Committee's consensus was to request staff to bring back some language to provide a general election for MayorjCouncilmember in September or October, wi th the election conducted by mail, and providing that the candidate receiving a majority of the votes cast wins. In the event no candidate obtains a majority vote, there would be a runoff at the November election conducted at the polling places. Mr. Rudolf advised he would include a list of and copy of all proposed Charter changes recommended by the Committee for approval by the Council in the package forwarding the notice and agenda for the next meeting in February. There being no further business, the meeting was adjourned at 6:50 p.m. Respectfully submitted, ~;;.~~ (Charrev) . . . Sec. 303. Vacancies. A vacancy in the office of any member of the City Council from whatever cause arising, shall be filled by appointment by the city Council, such appointee to hold office until the first Tuesday following the next general municipal election and until a successor qualifies. At the next general municipal election following any vacancy, a Councilmember or Mayor shall be elected to serve for the remainder of any unexpired term of said office. If a member of the City Council is absent from ~ three (3) consecutive regular meetings of the City Council scheduled and held for a period of thirty dayo conoecutively from and after the laot regular City Council meeting attended by ouch member, unless by permission of the City Council expressed in its official minutes, contemporaneously with such absences or is convicted of a felony or crime involving moral turpitude, the office shall become vacant. The city council shall declare the existence of any vacancy as soon as practicable. The city Council shall fill such vacancy by appointment within thirty days of their declaration of the existence of the vacancy. If the vacancy was the office of the Mayor. the four Councilmembers and the appointee shall select an interim Mayor from their membership within thirty days followinq the takinq of office of the person appointed to fill the vacancy. In the event it shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy. In the event it shall fail to select an interim Mayor within thirty days after the person appointed to fill the vacancy has taken office. it shall forthwith cause an election to be held to replace the appointee and serve as Mayor until the first Tuesday followinq the next qeneral municipal election and until a successor qualifies. e Sec. 304. presidinq Officer. Mavor. (a) Mayor. There shall be elected at the general municipal election a Mayor who shall hold office for a term of four years and until a successor is elected and qualified. (b) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the city Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, and (2) to be the official head of the City for all political and ceremonial purposes and to be recognized by the courts for the purpose of serving civil process, for the signing of all legal instruments and documents, and by the Governor for emergency purposes, and (3) in the time of public danger or emergency, the Mayor, with the consent of the Council, and for such period as the Council may fix, to take command of the police, maintain order and enforce the law, and . (4) to assume the primary, but not the exclusi ve responsibility, for interpreting to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula vista unless duly authorized or ratified by the City Council, and (5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and (6) to supervise the operation of the Mayor/Council office and personnel assigned thereto, and (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter, and . (8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices of the City are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor. . . . (c) Compensation. The Mayor shall receive an annual salary of thirty-seven thousand two hundred dollars ($37,200.00) per year and shall receive reimbursement on order of the Council for Council-authorized travel and other expenses when on official duty out of the City, and in addition, shall receive the sum of fifty dollars ($50.00) per month, which amount shall be deemed to be reimbursement of other out-of-pocket expenditures. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. The salary provided herein may be annually increased beyond said amount by a resolution of the City Council in an amount not to exceed the proportionate growth in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index since the date of the last adiustment, or beyond said increased amount, by a vote of the people. (d) Mayor Pro Tempore. The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. e . . Sec. 305. Prohibited Acts. The City Council shall have no power to qive or to lend. or to authorize the qivinq or lendinq. of the credit of the city. in aid or to any persons. association. or corporation. whether municipal or otherwise. or to pledqe the credit thereof. in any manner whatever for the payment of the liabilities of any individual. association munici al or other cor oration whateve. or shall it have power to make any qift or authorize the makinq 0 any qift. of any public money or thinq of value to any individual. municipal or other cor oration whateve ~ rovided that nothin in this section shall prevent the city qra tinq aid for the poor. No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the city Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the Councilmen Councilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the city Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council. . . . 'Ia.yor or by 'al MeetiR!!", _ time by th~ aeliver~R~ See 307 , Speel be oaHea at ,aR?, Caune il b} f the Cl ~} tinlJ may the C,t} h membcr 0, raa'o 11 s peo ia 1 m:~" m<>!llbers a f 80t i oe to eao ale iro..l at ,a:, Rot i oc . 'I; - af t '..itteR f ,,"Rer , '" Suo I; a maja";'1J 0" by ma";l 0:1 Rew~pape';,toioo iR ""~t~~ be reoci~eat:c erSOAaz , oaeh 10 shRIJ n '1 aAa Sna 'Hed lR ~~U~~i~v!:~~;:~::t;~:o~~:tke a~f b;u='m~~;i~i.eaSt:::oina ~~a~~~~; muot be a"l';" before thetia" "hall sp~~ be traRSaot~ity ca"na'lt lea,;,t 24 ~~~ aal~ aAaR~\h" bu"iRe~" lBeetin"s :y ::; memb,;r -W~~e~k Rohoe_ , 1 meehA" a, rea at 0"0 -ith aD 0, h the C,t} th" opeo'a H be "aB6'a~ disp"A"ed" files w,:t. bu telelJram, ' e"" "ha '" may ~e , oaA..,eneo _ be IJ' veA, ber who b..e'R 'tteA Aat 10 the mect'R" -a i -'er ma} to any mem The S..oh "'" the time , S"oh" , a with ae , O""CRe" , riar to " af 80h"e. aisp"n"" I;ime ,t 0, ur hour" :"w~itt7:t:' ~~~i"e mar ~~~a 1B~:tiAlJt:.i ::e least _ t:.,":;';,,!:le to the S"oh wn Hy pr""eAt ~ aIM b" pao atia" freel} i" aot"a tiee ehal t 'AIJ i8 a loa call and t~~ Dpccial Hl.CC l. prio:: to publl.c. . . . Sec. 602. Appointments; Terms and Vacancies. (a) Appointments and Terms. The members of each of such boards or commissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified. Members of such advisory boards and commissions shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the commission upon which the member had served; provided, further, that for the purpose of this section, an appointment to fill an[initial term or)' aqrunexpired term of less than two (2) years in duration shall not NU~~fr ,('" be- considered as a term; however, any appointment to fill an . I .o.))U' unexpired term in excess of two (2) years shall be considered to be a full term. (b) Initial Classification of Appointees. The members first appointed to such boards and commissions shall so classify themselves by lot so that each succeeding July 1st the term of one (1) of their number shall expire. If the total number of members of a board or commission to be appointed exceeds four (4), the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one (1) member shall expire on each succeeding July 1st. (c) Vacancies. Vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board of commission is absent from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council. (d) Eliqibility. All members of boards and commissions shall be qualified electors in the City of Chula Vista with the exception of Youth Commissioners who need only be residents of the City of Chula Vista. No person may be appointed nor shall serve on more than one of the Charter-created boards or commissions simultaneously. . Sec. 1009. Contracts on Public Works. In the construction, reconstruction, or repair of public buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the city Attorney. Every project involving an expenditure of twenty fi~e fifty thousand dollars ($-2-550,000.00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids. If the cost of said public works project is more than the sum of ~ twentY-five thousand dollars ($~25,000.00) but less than twenty five fifty thousand dollars ($~50,000.00), the City Council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. . If the project involves the expenditure of ~ twentY-five thousand dollars ($~50,000.00) or less, the City Manager may cause such written contract to be let without advertising for bids. However, except in emergencies, the City Engineer or the Purchasing Agent shall obtain informal bids. The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the City Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the City with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces. . All bids of more than twenty fi~Je fifty thousand dollars ($~50,000.00) shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable . . . Ct. ,. ....._or' to the city. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent to award any contract by comparison of bids on the basis of several factors including time completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension Be recommended by the City Manager and the head of the Department concerned. The City Council may reject any and all bids presented and may readvertise in its discretion. Contracts may likewise be let without advertising for bids if such work shall be deemed by the city Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts consti tuting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster.