HomeMy WebLinkAboutAgenda Statement 1988/07/26 Item 5a,b
COUNCIL AGENDA STATEMOO'
Item 5a,b
ITEM TITLE:
Meeting Date 7/26/88
(A) Resolution)3 ~ 1,2. Calling and Giving Notice of the
HOlding of an Election to be Held in said City on Tuesday,
November 8, 1988, for the Purpose of Submitting to the
Qualified Electors of Chula Vista, a Vote on Eight
Propositions Amending the Charter of the City of Chula Vista,
and Consolidating said Election with the General Election to
be Held on the Same Date
(B) Resolution Requesting the Board of Supervisors of
the County of San Diego to Consolidate a Municipal Election,
Authorize said Board to Canvass the Returns, and to Permit the
Registrar of Voters to Render Certain Specified Services to
the City of Chula Vista in connection with the Conduct of the
Consolidated Municipal Election on November 8, 1988 to be Held
in the City of Ch a Vista
SUBMITTED BY:
City Attorner
\
(4/5ths Vote: Yes No X )
--
The Charter Review Corrunittee has recorrunended Charter amendments dealing with
campaign contributions, compensation for the Mayor, City Council and Planning
Corrunission, eligibility requirements for service on Boards and Corrunissions,
and certain housekeeping changes.
Resolution (B) will authorize the County Registrar of Voters to conduct the
November 8, 1988 election on th proposed Charter amendments.
RECOMMENDATIOO: Approve the resolution placing the proposed amendments on
the ballot.
BOARDS/COMMISSIOOS RECOMMENDATIOO: The Charter Review Corruni ttee voted 5 to
o to recorrunend that the proposed amendments be placed on the ballot.
DISCUSSIOO:
The Charter Review Corrunittee has been meeting on a weekly basis in order to
review proposed Charter amendments recorrunended by the City Council and others
in time for the November election. The Committee placed a restraint on itself
that its work would be finished by July 25, 1988 in order to give the City
Council two meetings before any proposals would have to be forwarded to the
Registrar of Voters.
The subjects discussed included limitations on campaign contributions,
clarification of the eligibility requirements to serve on Boards and
Commissions, Mayor, City Council and Planning Corrunission compensation, runoff
elections, distr ict elections and an advisory opinion on Councilman Moore's
eligibility for reelection.
I ) ..,;, t "
::;v' 'CJ-
Item No. 5a, b
Meeting Date: 7/26/88
Page 2
The Committee has recommended that we make eight amendments to the Charter.
Four of the proposed amendments would fall under the category of housekeeping
or clarification of existing provisions. The other four changes are
substantive. The proposed changes are as follows:
1. REGULATIONS OF COMPAIGN CONTRIBUTIONS
A new section 904 would be added to the Charter to read as follows:
Sec. 904 Regulations of Campaign Contributions.
It is the policy of the City to avoid the potential for
undue or iII1Ef2Per influence over elected officials resulting
from excessive campaign contributions. In furtherance of that
~ose, the City Council shall adopt reasonable regulations
related to campaign contributions which shall be contained in
the City Code.
It was the unanimous opinion of the Comrrdttee that the Charter should contain
a general statement requiring campaign contribution limitations, but that the
specific regulations should be contained in the City Code. If we find that we
need to adopt further regulations, this can be expeditiously done by City Code
3TIlendment. The specific limits on the amounts of contributions would be
sUbject to inflation and that might require ongoing changes. Our regulations
may be affected by other laws, for example, the recent State initiatives and
there is an advantage in being able to make amendments without going back to
the voters each and every time.
The Committee will continue to study specific regulations and will give a
recommendation on a proposed ordinance to the City Council prior to the
November vote. The Corrunittee is currently using the League of Cities model
ordinance for discussion purposes. It is expected that the League of Cities
and the FPPC will be coming out with some further revisions in reaction to the
passage of Proposition 68 and 73. The Committee will keep abreast of those
revisions and incorporate them in its final recommendation.
2. MAYOR I S COMPENSATION
Section 304(c) would be amended to read as follows:
Section 304 (c) . Compensation. The Mayor shall recei ve an
annual salary #f/ / ~ / t/JIiJMMI / MIlAtti / K$Z~'~~~'~~A
ff#r/ lli~twhich shall be equal to sixty percent ( 60%) of the
salary of a member serving on the San Diego County Board of
Supervisors 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 rronth, which
amount shall be deemed to be reimbursement of other
( 2/ ,(I
(\.../Y ie'"
Item No.5at b
Meeting Date: 7/26/88
Page 3
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.
tM/ /#iIr# /wt~1t~ri~/MiMN Ari# Nri/ ~/ /~ /~~t~pi~
$~t~/ /irI::I.H/ Nt / M/ /rIrH#lrlclf/ / ~t/ ~ /t~~t~t~/ #I#Jfj /~'I
t~~/ t/J/rII /~~~pitiJ/ MY /~tt~t~a-li~/ /vIWri/tM/ Itirlit/.it/.Krlrt$/ m.; M'I
t~~//~~~~ttrMpit//~~~~//~t//t~~//$t~t~//~t//~~xtt~tpit~//t~t//t~~
~vWM~X/ f.1ttt~~$~/ ~t/ t~tfJ1t$~ti.~1t/ t~t/~~~1ttiJ~rM~t$'
The Committee originally started out with the discussion of whether the City
should have a full time City Council or whether councilmembers should have
their own staff. vVhile the Committee recognized the tremendous workload of
the Mayor and City Council, it did not feel comfortable with either of these
two proposals. Instead, it changed the focus of the discussion to
consideration of more reasonable compensation for the efforts made by the
Mayor and City Council. Since the Mayor's position is full-time, the salary
should be sufficient to provide a sole source of livelihood. The Committee
recognized two goals in recommending a formula for setting the Mayor's
compensation. The first goal is to recognize the effort and the second is
~eep the compensation issue out of the political arena. For this reason, the
Committee chose to select an "independent indicator", i.e., a percentage of a
salary of a related government position which is not set by the City. Due to
the many similarities between the role of a member of the Board of Supervisors
and the Mayor, it was felt that would be a good position to use as an
indicator. The Committee then limited the Mayor's salary to 60% of the
Supervisors' salary because this would be fairly close to the current
relationship of the salaries with a small increase to the current salary.
3 . CITY COUNCIL COMPENSATION
See. 302. ~nsation for Councilmembers.
The four councilmembers shall receive, as compensation for
their services, fJ# /MfJ'Mt/ /~W.cltt'trtc1./ /lIrtMI / /!IHH /ftH1/ /tr/Jt
e0~~fiX/ /~f / IictiIrIrN / /JI# / Nfl / /1#I.#rI / #tJ.M/,/ / J.N / ~tt~t~~~t~
~tt~//t#/$t~~~~X~/~/~l/j.#;/r//$t~t~//JI#/ptr/J.,t~t~~~'
~p;Jvf//iJ#/#1~ttrM1tt/l/f//tM~/~/~t~t~~~i~/~/t~i
~~//$~x~ty forty percent (40%) of the salary of the
Mayor. They shall receive reimbursement on order of the City
Council for Council-authorized travel and other expenses when
on official duty of the City. In addition, each councilmernber
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 and costs imposed in serving the
office. The City Council may also provide, by resolution, for
the paYment to councilmembers of an allowance of a sum certain
per ITIOnth to reimburse them for the additional demands and
expenses made upon and incurred by them in serving as
councilmerrt>ers.
/ ',', If}
,,:.,. I' ",J,.
\ ./:...;.,; I !:,./
Item No. 5a, b
Meeting Date: 7/26/88
Page 4
The reasoning of the Conunittee with regard to councilmembers was similar to
that of the Mayor. The 40% figure was based on the fact that councilmembers
are required to put in a great deal of time, but are not expected to be
nfull-timen.
4. PLANNING COMMISSIOOER COMPENSATION
Sec. 60l(b) ~riations and Compensation.
(b) Compensation. The members of boards and commissions
with the exception of the Planning Conunission shall serve
without compensation for their services as such, but may
recei ve reimbursement for necessary traveling and other
expenses incurred on official duty when such expenditures have
received authorized by the City Council.
The City Council may provide compensation for Planning
Conunissioners.
A recent survey by the City Manager's Office showed that eleven of
_ the sixteen Planning Conunissions surveyed in the County of San
ryiego receive some compensation. The compensation ranges from
$25.00 a meeting in Escondido to $80.00 a meeting in El Cajon. By
approving the proposed amendment, it was the Conunittee's intention
to give the City Council the authority to provide for compensation
of Planning Conunissioners, but not to require that they be
compensated.
5. YOOTH COMMISSlOO/RESIDENCY
Sec. 602(d). Eligibility.
(d) All members of Boards and Commissions shall be
registered voters in the City of Chula Vista with the exce~
of Youth Conunissioners who need only be residents of the City
of Chula Vista.
This amendment serves to clarify the interpretation we have consistently given
to the City Charter. In Section 602(c), the Charter currently states that
there is a vacancy on a board or conunission if any member ceases to be a
qualified elector of the City. From that provision, we have always required
that members of boards and conunissions be residents of the City. Several
years ago when we had a problem attracting candidates for the Design Review
Conunittee, we placed a matter before the voters which would have allowed us to
appoint nonresidents to those boards and commissions which are not
specifically mentioned in the Charter. The voters rejected this proposal.
Rather than continuing to rely on the fading memory of that vote or an
interpretation of a provision dealing with vacancies, the Conunittee felt it
13:.. /;7
Item No. Sa, b
Meeting Date: 7/26/88
Page 5
would make much more sense to clearly state the eligibility requirement to
serve on boards and commissions. The Committee felt that it was important to
limit the service to residents of the City and, with the exception of the
Youth Commission, to registered voters.
6. HOUSEKEEPING
Sec. 307. Special Meetings:
It is the recommendation of the Committee that we delete Sec. 307 dealing with
special meetings. Special meetings are regulated by state law, Le., the
Brown Act, and we are preempted from deviating from the state law. It does
not make any sense to merely parrot state law and when state law is amended,
we have the problem of going to the voters or having a provision in our
Charter which is invalid.
Sec. 311. ~tion of Ordinances and Resolutions.
(b) For Payment of Money. ~~ A resolution or order for the
payment of money shall be adopted or made only at a regular or
adjourned regular meeting ~cial meeting called for that
~.
Section 311 currently states that:
No order for the payment of money shall be adopted or made at
any other than a regular or adjourned regular meeting.
Oftentimes, actions taken at special meetings will result in the expenditure
of money and this section should clearly reflect that this is proper.
Sec. 312. Ordinances.
[Second Paragraph of Subdivision (b)]
The publication or posting of ordinances, as required above,
may be satisfied by: (1) Publication of the full text of the
ordinance, or (2) a summary thereof prepared by the Ci ty
lit~t~~11 / /dfI / AI /pt(lt4ii~/ ~ I ~tl /rfrIrIrtI~ I ~ It~
~/~/~t~in~nt~' Clerk, and posting of a certified
copy of the full text thereof in the office of the City Clerk,
~t/ A/iJtI /W /~~ti/ PtMi/ MI /t~~/ 1:MIt/ /~rJi-drlKt / Ir##.MI /cIrI I~~t~~
t~~1 Mir#cjiri~1 IcI'i~Wr/.rirtril leN I ~ I /J# 111I I'/J# 1'M~tMI /~rA~
~Xitati~rAIJ/j//t~~/MMI/t~t.t'/I:Ir//~.//.MrJr#rII/tYt~ti~tl/M1/~~t
~t~t~~nt~ll~t/l~n~ntlla~~~t~~/~11/t~~I/~tt111~~~rAtfJIII~rA~
r/JI;ittn~lltJf.IIA//~/J:#IIIJ/j///rIr#//WW//t/.ritt/.I/~'//i~~~
~~~pt~~I/c1'i~Wirirtf/IJ:Jd/~/inIIWril/r:lflflJlc#IWltMll~ttt
~X~tKI ItYrlrfri I WJI I t'Mllriiririi I IIfI I fttI:m I fj;Ir/Jl;JJJ:rif:l4~/ /.,~ti~~
t~t/MH/M/JN;/:/ltNri/~/pt/l~rM~~rj~tIJ./JIr:IrMIIUJ/~~ti
/J'I I~~r/Jwttr/Jtd or ill ill A display advertisement If I I~tl
/: "
! ",;1:1 \
,of \ ~1'J,..r ,J., .,-
Item No. 5a, b
Meeting Date: 7/26/88
Page 6
X~Mtl 1 1;f~fMAtt~tl I/JJ./ 1 AI 1/iI:I# in a newspaper of gener al
circulation in the City, ~t/ 1 ItIJI 1 /rIrJ;Ir#~ 1 l~t~f~a~i~1 1 It
~ l'/l/J.UN IYJ I/#/if 1 Mt#r/ 1 Jjj;,I 1 a~~~tJ.~-M if the City
~tt~tn~t Clerk determines it is not feasible to prepare a
fair and adequate summary of the ~i/Jp~/~lla~~~t~~
ordinance, ~tl I~' and if the City Council so
orders. The synopsis or advertisement shall indicate the
general nature of, and provide information about, the
ii#rJi~~1 1 /:Ir/ 1 la~~pt~~ ordinance ii/ 1 laFin~nt' including
information sufficient to enable the public to obtain copies
of the complete text of such -pt~tiJt,~~ ordinance, ~t
~~nt' as well as the names of those City Council
members voting for and against the ordinance.
(c) ~ittiii~ati~~ Codification of Ordinances. Any and
all ordinances of the City which have been enacted and
published in the manner required at the time of their
adoption, and which have not been repealed, may be compiled,
consolidated, revised, indexed and arranged as a comprehensive
ordinance code, and such code may be adopted by reference,
wi th the same effect as an ordinance, by the passage of an
ordinance for such purpose. $~~~I 1 /rIIC/fI II MM/ 1 lrAr/Jtll /rM
rjJVMtii~i~IIW.IJJ#lwtlrMtlliti<i1/.Yi~iJl/f/r#IJ:I},(#lpt~//VJ~t
r/1~tl N#fI 1 tM/l/ It/rii~~1 /::I:it.IJ#J It~~t~tl I~ lp~1 IVW.~~I m; /~Ii
ar/1~I/~"triYiitYrJil/rllIJJ#IP/J'IJ1Jf)lir/1IIt/i~/Jjf/f/jt#/M/ltMll~itt
f/J#r#llpt/JJtllltr/JII/r/rNIIMI:iI:/1.fNllt~~t~~t' Ordinances so
codified shall be repealed as of the effective date of the
code. fAtlif#if/rlrl 1 ~ Itril k#irN#I I~tl /rIrII 1 /:/:IJ# 1t,~alX
~~I 1f/ri~q,t/f/iI 1 t.JI 1 tMI lil.rt.~ 1 mJ#r/ 1 M/ I~ititil /r#UJIr#1 1 fJi/ It~~
~//t/lli~/~~n~taXXt' other codes, including
statutes or published compilations of rules, regulations or
standards adopted by the Federal or State government or by any
agency of either of them, or nationally recognized or aEproved
9ublished compilations of ErQposed rules, regulations or
standards of any private organization or institution may also
be adopted by reference in accordance with the provisions of
this subsection. County ordinances or codes or any parts
thereof or amendments thereto may be similarly adopted by
reference.
Such code need not be pUblished in the manner required for
other ordinances, but at least one copy thereof shall be filed
in the Office of the City Clerk after the adoption thereof for
the use and examination by the public. The City Clerk shall
maintain a reasonable sUEPly of copies of such code available
for purchase by the public at a price not to exceed its actual
cost to the City. Subsequent amendments to sections of the
code shall be enacted in the same manner as herein required
for the amendment of sections of ordinances generally. Co~
/ ~0qp
Item No. 5a, b
Meeting Date: 7/26/88
Page 7
of such codes in published form, duly certified by the City
Clerk, shall be received without further proof as prima facie
evidence of the provisions of the such codes or public records
in all courts and administrative tribunals of this state.
( d) Effecti ve Date of Ordinances. All ordinances shall
Y##rJ/ /itti~f':li/ iii /t~i/ /r:JIJIrIrIfMIr /~~i take effect thirty
days after ~~~pti~n final passage except the following
which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some
law or procedural ordinance;
( 3 ) An ordinance declaring the amount of money necessary to
be raised by taxation, or fixing the rate of taxation, or
levying the annual tax upon property; or
(4) An emergency ordinance adopted in the manner provided for
in this article.
The current wording in Sec. 312 is very ambiguous, although it has
been consistently interpreted over the years. The amendment will
merely clarify our ongoing procedure whereby we can publish
ordinances either in their full text, or in an approved summary
within fifteen (15) days of passage of an ordinance.
The amendment would also clarify our ability to adopt other codes
by reference. Typically, this situation arises when we adopt
codes, such as the Uniform Fire Code, Building Code, Plumbing Code,
etc. In cases such as this, we do not want to have to publish the
entire text of these codes, or even a summary, but merely refer to
them by reference.
The effective date of an ordinance would also be changed to make it
consistent with state law. Currently, we state that an ordinance
becomes effective on the thirty-first day after adoption. The
amendment would change this to thirty days after final passage.
In addition to the subjects discussed above, the Corranittee also
discussed other subjects. The Committee rejected further
consideration of runoffs based on the time, expense and voter turn
out problems associated with conducting two elections. The
Committee rejected further consideration of district elections at
this time, because the demographic statistics do not support a need
for district elections and a concern that if we divided the city
into four districts with approximately 16,000 voters each, based on
our recent voter turn out percentages, the number of people
responsible for electing a particular councilmernber would be
extremely low.
1,3(./9 d.
Item No.5a, b
Meeting Date: 7/26/88
Page 8
Finally, the Committee rendered an advisory opinion that Councilman
Leonard Moore is eligible to run for a second full term. It was
the opinion of the Committee that prior votes extending Council's
term of office in order to coordinate city elections with statewide
elections should have no effect on the eligibility of a
councilmember to run for a second term.
FISCAL IMPACT: N/A
4394a
~~
the City Council of
Chula Vist I California
I I"
, ."l.'f"'t"f
'f,J".- / ''''.'''''~
Dated
COUNCIL AGENDA STATEMENT
Item 5atb
Meeting Date 7/26/88
ITEM TITLE:
(A) Resolution Calling and Giving Notice of the
Holding of an Election to be Held in said City on Tuesday,
November 8, 1988, for the Purpose of Submitting to the
Qualified Electors of Chula Vista, a Vote on Eight
Propositions Amending the Charter of the City of Chula Vista,
and Consolidating said Election with the General Election to
be Held on the Same Date
(B) Resolution;.Jr~~ Requesting the Board of Supervisors of
the County of San Diego to Consolidate a Municipal Election,
Authorize said Board to Canvass the Returns, and to Permit the
Registrar of Voters to Render Certain Specified Services to
the City of Chula Vista in connection with the Conduct of the
Consolidated Municipal Election on November 8, 1988 to be Held
in the City of Ch aVista
(4/5ths Vote: Yes_NoJ~..J
SUBMITrED BY:
City Attorner
The Charter Review Conunittee has reconunended Charter amendments dealing with
campaign contributions, compensation for the Mayor, City Council and Planning
Commission, eligibility requirements for service on Boards and Commissions,
and certain housekeeping changes.
Resolution (B) will authorize the County Registrar of Voters to conduct the
November 8, 1988 election on th proposed Charter amendments.
RECOMMENDATIOO: Approve the resolution placing the proposed amendments on
the ballot.
BOARDS/COMMISSIOOS RECOMMENDATION: The Charter Review Conuni ttee voted 5 to
o to recommend that the proposed amendments be placed on the ballot.
DISCUSSIOO :
The Charter Review Committee has been meeting on a weekly basis in order to
review proposed Charter amendments recommended by the City Council and others
in time for the November election. The Committee placed a restraint on itself
that its work would be finished by July 25, 1988 in order to give the City
Council two meetings before any proposals would have to be forwarded to the
Registrar of Voters.
The SUbjects discussed included limitations on campaign contributions,
clarification of the eligibility requirements to serve on Boards and
Commissions, Mayor, City Council and Planning Commission compensation, runoff
- elections, district elections and an advisory opinion on Councilman Moore's
eligibility for reelection.
/3f.v'fj
Item No. 5a, b
Meeting Date: 7/26/88
Page 2
The Committee has recommended that we make eight amendments to the Charter.
Four of the proposed amendments would fall under the category of housekeeping
or clarification of existing provisions. The other four changes are
substantive. The proposed changes are as follows:
1. REGULATIONS OF COMPAIGN CONTRIBUTIONS
A new section 904 would be added to the Charter to read as follows:
Sec. 904 Regulations of Campaign Contributions.
It is the policy of the City to avoid the potential for
undue or im~r influence over elected officials resulting
from excessive campaign contributions. In furtherance of that
purpose, the City Council shall adopt reasonable regulations
related to campaign contributions which shall be contained in
the City Code.
It was the unanimous opinion of the Committee that the Charter should contain
a general statement requiring campaign contribution limitations, but that the
specific regulations should be contained in the City Code. If we find that we
need to adopt further regulations, this can be expeditiously done by City Code
amendment. The specific limits on the amounts of contributions would be
subject to inflation and that might require ongoing changes. Our regulations
may be affected by other laws, for example, the recent State initiatives and
there is an advantage in being able to make amendments without going back to
the voters each and every time.
The Committee will continue to study specific regulations and will give a
recommendation on a proposed ordinance to the City Council prior to the
November vote. The Committee is currently using the League of Cities model
ordinance for discussion purposes. It is expected that the League of Cities
and the FPPC will be coming out with some further revisions in reaction to the
passage of Proposition 68 and 73. The Committee will keep abreast of those
revisions and incorporate them in its final recommendation.
2. MAYOR'S COMPENSATION
Section 304(c) would be amended to read as follows:
Section 304(c). Compensation. The Ma or shall receive an
annual salary I/f/ / ~ / /:1JIJIJMM/ / ~~IXAt~/ / f l~'000'00J
frtlr/ /t~~twhich shall be equal to sixty percent (60%) of the
salary of a member serving on the San Diego County Board of
~rvisors 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 ($50.00) per mnth, which
amount shall be deemed to be reimbursement of other
( !Jffl3
Item No. 5a, b
Meeting Date: 7/26/88
Page 3
out-of-pocket expenditures. rThe City Council may also
provide, by resolution, for the payment to the Mayor of an
allowance of a sum certain per month, as reimbursement for the
additional demands and expenses made upon and incurred by the
Mayor.
tN:I MNcI# l~i~yt~i~/YJMMN ki# Nil ANv1AJJIJI /~ I~~t~~~
i~i~/Nr/:i#//rjyIMl/rlrni/rtlrlcltlliJt/~/t~~t~tiJl#.'#IcIIY/~'1
t~~1 t/JIrII 1~r/J~ntiXI MY I i.ttiJt~~~t~1 NVtIrI I tM/ Itirlii/'-ttfrJrii 1m; M'I
t~~II~iJ~~t~ntll~r/J~~IIr/Jillt~~II$t~t~llr/Jtll~~Xiir/Jtni~llir/Jtll~~
~nrM~XI intt~~$~1 iJil tr/J~n$~tlr/J,V tiJt I~r/J~ntllr/.iir/M~t$'
The Committee originally started out with the discussion of whether the City
should have a full time City Council or whether councilmembers should have
their own staff. vVhile the Committee recognized the tremendous workload of
the Mayor and City Council, it did not feel comfortable with either of these
two proposals. Instead, it changed the focus of the discussion to
consideration of more reasonable compensation for the efforts made by the
Mayor and City Council. Since the Mayor's position is full-time, the salary
should be sufficient to provide a sole source of livelihood. The Committee
recognized two goals in recommending a formula for setting the Mayor's
conpensation. The first goal is to recognize the effort and the second is
_ keep the compensation issue out of the political arena. For this reason, the
Committee chose to select an -independent indicator", i.e., a percentage of a
salary of a related government position which is not set by the City. Due to
the many similarities between the role of a member of the Board of Supervisors
and the Mayor, it was felt that would be a good posi tion to use as an
indicator. The Committee then limited the Mayor's salary to 60% of the
Supervisors' salary because this would be fairly close to the current
relationship of the salaries with a small increase to the current salary.
3. CITY COUNCIL COMPENSATION
Sec. 302. Compensation for Councilmembers.
The four councilmembers shall receive, as compensation for
their services, M IAto/J'/JtJt.1 1'-1/.W.ritttri~1 Atr/#rI I fIAtI2/ l/J'IllltiJt
~r/J~ntiX/ /rJi /lilrltMN / M# / ANY / /:JAtJ:k/d / fJJ/J:M/ / iN /i.iir/Jt~i.nii
)4it~1 /r#I I ii~~~~X~1 ~ 1~'1 I #iIrI l$tat~1 /J;W It?ir/Jtjiiir/J~i'
~"#f;nl/r#ll~ni.ttrMntllt/lt~~/~/iJt~t/1ani~/~/tr/Jt
i1/.~llialatt forty percent (40%) of the salary of the
Mayor. They shall receive reimbursement on order of the City
Council for Council-authorized travel and other expenses when
on official duty of the City. In addition, each councilmember
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 and costs imposed in serving the
office. The City Council may also provide, by resolution, for
the payment to councilmembers of an allowance of a sum certain
per month to reimburse them for the additional demands and
expenses made upon and incurred by them in serving as
councilmembers.
I 3 (j.q:3
Item No. 5a, b
Meeting Date: 7/26/88
Page 4
The reasoning of the Commi ttee wi th regard to councilmembers was similar to
that of the Mayor. The 40% figure was based on the fact that councilmembers
are required to put in a great deal of time, but are not expected to be
"full-time" .
4. PLANNING COMMISSIOOER COMPENSATION
Sec. 60l(b) ~ropriations and Compensation.
(b) Compensation. The members of boards and commissions
with the exception of the Planning Commission shall serve
without compensation for their services as such, but may
recei ve reimbursement for necessary traveling and other
expenses incurred on official duty when such expenditures have
received authorized by the City Council.
The City Council may provide compensation for Planning
Commissioners.
A recent survey by the City Manager's Office showed that eleven of
the sixteen Planning Commissions surveyed in the County of San
_ Diego receive some compensation. The compensation ranges from
$25.00 a meeting in Escondido to $80.00 a meeting in El Cajon. By
approving the proposed amendment, it was the Committee's intention
to give the City Council the authority to provide for compensation
of Planning Commissioners, but not to require that they be
compensated.
5. YOOTH COMMISSION/RESIDENCY
Sec. 602(d). Eligibility.
(d) All members of Boards and Commissions shall be
registered voters in the City of Chula Vista with the exce~
of Youth Commissioners who need only be residents of the City
of Chula Vista.
This amendment serves to clarify the interpretation we have consistently given
to the City Charter. In Section 602( c), the Charter currently states that
there is a vacancy on a board or commission if any member ceases to be a
qualified elector of the City. From that provision, we have always required
that members of boards and commissions be residents of the Ci ty. Several
years ago when we had a problem attracting candidates for the Design Review
Committee, we placed a matter before the voters which would have allowed us to
appoint nonresidents to those boards and commissions which are not
specifically mentioned in the Charter. The voters rejected this proposal.
Rather than continuing to rely on the fading memory of that vote or an
- interpretation of a provision dealing with vacancies, the Committee felt it
13~lj)
Item No. 5a, b
Meeting Date: 7/26/88
Page 5
would make much more sense to clearly state the eligibility requirement to
serve on boards and commissions. The Committee felt that it was important to
limit the service to residents of the City and, with the exception of the
Youth COrnm[ssion, to registered voters.
6. HOUSEKEEPING
Sec. 307. Special Meetings:
It is the recommendation of the Committee that we delete Sec. 307 dealing with
special meetings. Special meetings are regulated by state law, Le., the
Brown Act, and we are preempted from deviating from the state law. It does
not make any sense to merely parrot state law and when state law is amended,
we have the problem of going to the voters or having a provision in our
Charter which is invalid.
Sec. 311. Adoption of Ordinances and Resolutions.
(b) For PaYment of Money. ~~ A resolution or order for the
payment of money shall be adopted or made only at a regular or
adjourned regular meeting ~cial meeting called for that
~.
Section 311 currently states that:
No order for the payment of money shall be adopted or made at
any other than a regular or adjourned regular meeting.
Oftentimes, actions taken at special meetings will result in the expenditure
of money and this section should clearly reflect that this is proper.
Sec. 312. Ordinances.
[Second Paragraph of Subdivision (b)]
The publication or posting of ordinances, as required above,
may be satisfied by: (1) Publication of the full text of the
ordinance, or (2) a summary thereof prepared by the City
Xtt~t~~t'//rIfI/A//'itciY4iri~/~/~t//rfrl:lrlrlificr/Atr#IJIr#Ijlt~
NY 1 ~ 1 ~t~i~i.~i~J Clerk, and posting of a certified
copy of the full text thereof in the office of the City Clerk,
ill/JN:I://W/~~tiIPtlJillrtlltM~ltMlilrtrJl/.rtc/tYIf##J/1)/cIr:I/~~ii~
tM~1 /'itr#iif/~I /cjv~Wiriclf/1 IdrI 1 ~ 1 /J# 1 fj/ llJ/2/ l'Mi.ttJI I~~~
p~Xiiafi~~1 JIf/ /tM~/ M/J/J/ /t~'/.t/,/ J:Ir/ /~/ #irJrJIrII /t~~t~~t'/ /If! /~~t
~t~i~~rit~//~t/ltMn~ttntl/a~~pted//~1/ltMell~itill~rj;~~iil'II~~~
f:;/JttirA@/ / ~f./ / AI / ~ / fJ/tIjl / hfI 1 Nr/fi / /WW / /t/f/'/.t/ / /~t / / i~i~
a~~wt~~1 /cjv~Vriiriclri / /IrI / ~ 1 inl Itftif/ l/rIfIWdf/ 1 M/ 1 fMI I~ity
~X~t~/ /liclrlci/ /rMJI /tM~/ /rtiririi/ I/fI /!#iII /tii#t.~I4~/ /~~ti~~
t~tIMtY/~/t/rtf//~//Jtl/~rfti~~Wi~~//tJIr/rNrIIAfj/~at$
i'//~~~~ti~n' or itl ill A display advertisement I'//~t/
/ r]' "
/-:, /7,/ ,.
:./, ,'" I
....,~ l' .~,,'
Item No. Sa, b
Meeting Date: 7/26/88
Page 6
l~Mtl 1 li~f/JjJjJt~tl 1 /JI./ 1 AI 1,fN1Ii in a newspaper of general
circulation in the City, ~tll~I/~i~I/~t~ii~iiiIIAt
~ I'/J/J.'N..N IYJ 1 I~#i 1 MI#rI 1 IJj,j 1 a~~pti~fJ if the Ci ty
Xtt~tn~t Clerk determines it is not feasible to prepare a
fair and adequate summary of the ~i/JP/JMN 11# / la~~wti~
ordinance, ~tl I~' and if the City Council so
orders. The ~ advertisement shall indicate the
general nature of, and provide information about, the
"It#rl$rirJll J:Id 1 la~~pt~~ ordinance rfJI 1 lar/in~nt' including
information sufficient to enable the public to obtain copies
of the complete text of such ~t~t!/J$i~ ordinance, ~t
~n~nt' as well as the names of those City Council
members voting for and against the ordinance.
(c) ~ittitiiati~i Codification of Ordinances. Any and
all ordinances of the City which have been enacted and
published in the manner required at the time of their
adoption, and which have not been repealed, may be compiled,
consolidated, revised, indexed and arranged as a comprehensive
ordinance code, and such code may be adopted by reference,
with the same effect as an ordinance, by the passage of an
ordinance for such purpose. $~iV{1 1 /W# II MMI / li~tl / /rM
p~li$~~~1 IW 1 M# IttlrMtl IttliJtirt/ /fIr:/r1 1 tIJ#I 1 /Jt~1 /VJ~t
n~tl IWtI 1 f.MN IW.trirll ~ It~~t~~tl I~ l'IiJ /'iflrirJI tJiI I~$i
~n~/ IrI'/.irlivi.tlirJ"iI/rfl 1 #1/ 1#iIiJjj linllWf/I!/f/fIJtIfi 1 M/ ItMI I~iti
'i/J):/r#11#.J./Jt./llt~I//tJr#I/~llt~it~~t/. Ordinances so
codified shall be repealed as of the effective date of the
code. 1tt#I::#f/cIrI 1 ~ ItrJI ~ I~tl /rIr# 1 fJIJ# 1$~~11
~I If/riciclrlt/~I MY ItMI I$irirll Jr:Jmt#r/ 1 M/ /rAitiiil /r#:iIJ/rm 1 JJi/ It~~
~/M/lli~/~~n~taXlt' Other codes, inCluding
statutes or published compilations of rules, regulations or
standards adopted by the Federal or State government or by any
agency of either of them, or nationally recognized or aeproved
published compilations of proposed rules, regulations or
standards of any private organization or institution may also
be adopted by reference in accordance wi th the provisions of
this subsection. County ordinances or codes or any parts
thereof or amendments thereto may be similarly adopted by
reference.
Such code need not be published in the manner required for
other ordinances, but at least one copy thereof shall be filed
in the Office of the City Clerk after the adoption thereof for
the use and examination by the public. The City Clerk shall
maintain a reasonable supply of copies of such code available
for purchase by the public at a price not to exceed its actual
cost to the City. Subsequent amendments to sections of the
code shall be enacted in the same manner as herein required
for the amendment of sections of ordinances generally. Co~
I '11, " ,) :;,',
'~/; .,'
Item No. Sa, b
Meeting Date: 7/26/88
Page 7
of such codes in pUblished form, duly certified by the City
Clerk, shall be received without further proof as prima facie
evidence of the provisions of the such codes or public records
in all courts and administrative tribunals of this state.
(d) Effective Date of Ordinances. All ordinances shall
Y#:t:I4:I /~tt~iti:l~/ m /t~~/ ~ /~~t take effect thirty
days after ~~~pti~n final passage except the following
which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some
law or procedural ordinance;
(3) An ordinance declaring the amount of money necessary to
be raised by taxation, or fixing the rate of taxation, or
levying the annual tax upon property; or
(4) An emergency ordinance adopted in the manner provided for
in this article.
The current wording in Sec. 312 is very ambiguous, although it has
- been consistently interpreted over the years. The amendment will
merely clarify our ongoing procedure whereby we can publish
ordinances either in their full text, or in an approved summary
within fifteen (15) days of passage of an ordinance.
The amendment would also clarify our ability to adopt other codes
by reference. Typically, this situation arises when we adopt
codes, such as the Uniform Fire Code, Building Code, Plumbing Code,
etc. In cases such as this, we do not want to have to publish the
entire text of these codes, or even a summary, but merely refer to
them by reference.
The effective date of an ordinance would also be changed to make it
consistent with state law. Currently, we state that an ordinance
becomes effective on the thirty-first day after adoption. The
amendment would change this to thirty days after final passage.
In addition to the subjects discussed above, the Committee also
discussed other subjects. The Committee rejected further
consideration of runoffs based on the time, expense and voter turn
out prOblems associated with conducting two elections. The
Committee rejected further consideration of district elections at
this time, because the demographic statistics do not support a need
for district elections and a concern that if we divided the city
into four districts with approximately 16,000 voters each, based on
our recent voter turn out percentages, the number of people
responsible for electing a particular councilmember would be
extremely low.
/3!t93
Item No. Sa, b
Meeting Date: 7/26/88
Page 8
Finally, the Committee rendered an advisory opinion that Councilman
Leonard Moore is eligible to run for a second full term. It was
the opinion of the Committee that prior votes extending Council's
term of office in order to coordinate City elections with statewide
elections should have no effect on the eligibility of a
councilmember to run for a second term.
FISCAL IMPACT: N/A
4394a
the City Council of
Chula Vista, California
Dated
/8ci?'/3