Mayor Cox and Jerry Rindone cross the line

At La Prensa San Diego we appreciate nothing more than a good healthy debate on the issues. That is what makes this country great, encourages, and provides the populace the opportunity to have their say on issues. At the same time there is nothing we detest more than dirty politics and right now that is what we see going on with the City of Chula Vista, in particular the way Mayor Cheryl Cox and City council person Jerry Rindone are trying to manipulate the debate and use taxpayers money to do so.

The issue surrounds Proposition E the Height initiative for the city. It is a controversial issue. Both sides are at polar opposites. The animosity and stakes are high with this issue. Mayor Cox is one of the most vocal opponents to the initiative and has even signed the ballot argument in opposition. To further her argument against Prop. E, she and Rindone manipulated the rules. They hired a consultant at taxpayers expense to the tune of $30,000. The consultant was hired to present a study that is clearly biased in order to scare the voters and support the opposition to Prop. E. Cox and Rindone have stepped beyond the line of fair play and ventured in the area of dirty politics. They may have even violated Elections Code section 9212. The Ethics Commission of Chula Vista needs to take a hard look at what has transpired. Not only did Cox and Rindone circumvent a vote against the study by the full city council, but they used public monies to promote partisan politics. The report was released early to select media, and the City Manager, David Garcia, sent out a personal email urging the media to attend the meeting on the report as the “voters owe to themselves and their community to be informed and educated about the issues upon which they will be voting.” This is the first time since being appointed city manager that he has ever taken the time to personally email on anything. Again a question for the ethics committee in regards to city employees using city resources to promote a partisan political position.

We urge the voters to take a hard look at the actions of two politicians and their political supporters and to consider the issue objectively. Don’t be swayed by the type of politics that Mayor Cox and Jerry Rindone are using to manipulate your vote!

On January 22, 2008 the Initiative was brought to the council with three options:

C.	CONSIDERATION OF ACTION ON INITIATIVE PETITION, AS REQUIRED BY ELECTIONS CODE SECTION 9215, SPECIFICALLY TAKING ONE OF THE FOLLOWING ACTIONS:

(i) CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD AVENUE BETWEEN E AND G STREETS

(ii) (a) CONSIDERATION OF ADOPTION OF RESOLUTION SUBMITTING THE INITIATIVE PETITION REGARDING AMENDMENT TO THE CITY’S GENERAL PLAN ON ALLOWABLE BUILDING HEIGHTS TO THE VOTERS BY PLACING THE INITIATIVE MEASURE ON THE BALLOT TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008

(b) CONSIDERATION OF ADOPTION OF RESOLUTION APPROPRIATING REQUIRED FUNDS TO PLACE THE INITIATIVE MEASURE REGARDING ALLOWABLE BUILDING HEIGHTS ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (4/5TH VOTE REQUIRED)

	(iii) Refer the initiative measure to any City agency or agencies for a report pursuant to Elections Code section 9212, to be returned to Council within 30 days.

Looking at the video for item 7 on the agenda for 1/22/08, Assistant City Attorney Joan Dowd clearly analyzed the appropriate sections of the election code and advised the council that they had to choose one of the three alternatives, and that if an analysis was to be done it had to be done by city staff.

The council discussed the three alternatives and Council members Castaneda, McCann, and Ramirez clearly spoke and voted against option three and for option two and letting the people vote.

Going to this site: http://chulavista.granicus.com/MediaPlayer.php?view_id=2&clip_id=852 and choosing number 7 it is possible to review all the discussion on this item.

The mayor during her comments on February 5, 2008 chose to ignore this vote and make a referral to the City Manager regarding the report. The city manager is allowed to spend up to $50,000 without council approval. However, at an earlier meeting he explained how all discretionary funding was being cut due to the ongoing increase in the budget deficit. This is the way she and Councilman Rindone got around the vote of the majority of the council as well as the opinion of the Assistant City Attorney. Normally comments are considered comments and not commented upon by other members. They cannot be voted on, because they are not on the agenda. Go to this site and click on “Mayor’s Reports”: Please note that she suggests spending public money (the city does not have) on this politically motivated report after acknowledging that the city has a budget deficit. (At an earlier meeting Taste of the Arts was cancelled because it would cost $27,000.) She also brings up the ordinance and companion ballot measure she and Councilman Rindone invented http://chulavista.granicus.com/MediaPlayer.php?view_id=2&clip_id=855

This ordinance and ballot issue were not brought to a vote at the February 26 council meeting after wasting considerable staff time working on them for a month (more city money), since it was obvious that they would not be passed, thanks to Councilmen Ramirez and McCann (Councilman Castaneda was absent), who said they would not support it as written. The problem was that it was way too narrow, politically motivated and the city had a Climate Change Working Group that had been working for sometime on a comprehensive plan for green building and reduction of Greenhouse gases, which would be bring a report to council in a few months. This was extremely fiscally irresponsible, considering our budget problems. The link for February 26, 2008 council meeting is: http://chulavista.granicus.com/MediaPlayer.php?view_id=2&clip_id=873 The ordinance is item 4. Item 5 the companion ballot measure was pulled from the agenda, since it was obvious there was no support, except from Mayor Cox and Councilman Rindone.

The special financial review referred to by La Prensa above was ordered as a “worse case scenario.” The letter from the city manager authorizing the writing of the report, paying of $30,000 and offering the services of staff to provide information can be read by clicking here.