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HomeMy WebLinkAboutcc min 1987/02/12 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Thursday, February 12, 1987 Council Conference Room 4:00 p.m. City Hall ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None Mayor COX announced that the purpose of the meeting was to interview candidates for the office of Port Commissioner. The following candidates were interviewed: William S. Cannon Guillermo Durazo Chester S. DeVore M. Kevin O'Neill Thomas G. Money Robert Penner Phil Creaser Richard G. Zogob Councilman Malcolm asked that the Council first consider whether or not the policy limiting the term of office to 2 terms should be kept or rescinded. Mayor Cox indicated that a decision should also be made as to when the new appointee should take over the office, noting that there should be some transition period. Councilman Malcolm referred to the testimony given by Commissioner Creaser noting that within the next 30 days the bids will come in for the Convention Center. He commented that no appointment should be made for that office prior to that time. Councilman Moore noted that the 2 term limitation for the Port Commission was a policy item and not a Charter provision. The policy items are flexible and can be changed. Minutes - 2 - February 12, 1987 Councilwoman McCandliss stated she feels the policy should not be amended or changed. She does not feel the Council should be looking for an exemption because they want to do a specific thing. If the Council wishes, they can extend the term of office for the Commissioner. Councilman Malcolm declared that to have any exemption to the policy should be one of extreme circumstances whereby the incumbent would be "irreplaceable." He noted former Councilman Frank Scott's original motion for the 2-term limitation which was approved by the voters. Subsequently, he noted that the Port Commission was not included. It was an oversight and therefore, a resolution was passed to that effect. Councilman Malcolm added that if the Council wants to change the rules, they should place this same measure before the voters. He personally agrees with the 2-term limitation and supports that. Mayor Cox noted that the 2-term limitation was not a Charter amendment. The 2-term should apply to the Council, Mayor and those Charter established Commissions. The Council, on its own, spread the 2-term limitation to other Boards and Commissions in the City; however, there are still some Committees who do not have that requirement. Mayor Cox added that the Council should not apply the 2-term limitation to the Port Commission but should look for the best possible person to represent the City. Councilwoman McCandliss commented that if the Council is considering an extension of the term, she would not be in favor of a full term extension. MSC (Cox/McCandliss) to not include the Port Commission as a policy (now on the books) for the 2-term limitation. The motion carried by the following vote: AYES: Cox, McCandliss, Moore NOES: Nader, Malcolm Councilman Nader expressed his concern that the Council is will consider the 2-term limitation every time a new appointment to the Commission is considered. Mayor Cox remarked that when he brought this up at a Council meeting a few months ago, the Council had no objection to Mr. Creaser placing his name in as an applicant. Councilman Nader commented that the most appropriate time to consider the 2-term limitation clause would be not at the interview stage and therefore, his "no" vote was purely one of philosophical reasons. Minutes - 3 February 12, 1987 MSUC (Cox/McCandliss) whoever is appointed to take over the position of Port Commissioner assume take that position on July 1, 1987 for the balance of the 4 year term of office. Councilwoman McCandliss commented that even though the Council has just voted to amend the 2-term policy for this particular appointment, she sees Commissioner Creaser as doing a good job. She is concerned about the Convention Center in San Diego with those bids coming due in 30 days and the money that will be committed and the money that will be committed to the America's Cup. She sees this more than a 6-month period of time and therefore, she would recommend extending the term of the present Port Commissioner for two years. Councilman Malcolm declared there was no project pending in the Port Commission which would justify 2 year extension of time. Port Commissioner Creaser, himself, stated it would be 60 days. For the first ballot, the Council concurred they would each vote for 3 candidates and those having 2 or more would remain on the second ballot. FIRST BALLOT NADER MOORE COX MCCANDLISS MALCOLM Cannon Durazo X DeVore X X O'Neill X X Money X Penner X X X Creaser X X X X Zogob X X The City Clerk announced that DeVore, O'Neill, Penner, Creaser and Zogob received the two votes and would be considered for. the second ballot. For the second ballot, the Council concurred they would vote for 3 candidates and those having 3 or more votes would continue on to the third ballot. SECOND BALLOT NADER MOORE COX McCANDLISS MALCOLM DeVote X O'Neill X X X Penner X X X X Creaser X X X X Zogob X X X The City Clerk announced that those receiving 3 or more votes were O'Neill, Pennerr Creaser and Zogob. -- For the third ballot, the Councilmembers concurred they would vote for 2 candidates and those having 3 or more votes would continue on the the fourth ballot. THIRD BALLOT NADER MOORE COX MCCANDLISS MALCOLM O'Neill X X Penner X X Creaser X X X X Zogob X X The City Clerk announced that only Mr. Creaser received more than 3 votes. MS (McCandliss/Moore) to appoint Phil Creaser with the condition he serve for a 2 year term of office starting January 1, 1987. Discussion of the motion: Councilman Malcolm stated he is in favor of a 2 year limitation and suggested one year and assessing it every year. Councilwoman McCandliss gave her rationale for the 2 years noting the Convention Center and the America's Cup projects "' that are now underway. She added these are "extenuating circumstances" and to extend the term even though it is going contrary to the community policy of the 2-term limitation. Councilman Moore, noting the community policy of the 2-term limitation stated he is withdrawing his second and moved to appoint a new Commissioner. There being no second the motion died. SUBSTITUTE MOTION MSC (Nader/Moore) that the last ballot cast be rescinded. The motion carried with Mayor Cox voting "no." At this time each of the Councilmembers discussed the candidates being voted on and who they would be supporting. On the new ballot ~3, the Council concurred they would vote for one candidate and those having 2 or more votes would continue on to the final ballot. BALLOT #3A NADER MOORE COX MCCANDLISS MALCOLM O'Neill X Penner X X Creaser X X Zogob The City Clerk announced that Penner and Creaser received the two votes needed to continue on. MS (Moore/McCandliss) to extend Phil Creaser's term of office for one year starting January 1, 1987. Discussion of the motion: Mayor Cox recommended that the term be extended for 3 years. He noted Mr. Creaser's ability to get things done, the benefit he has given to the community and to the Bayfront area, that he is now Secretary to the Commission and in three years he will be the Chairman. Councilman Malcolm said he is voting against the motion because the Council, in fact, is breaking the Charter amendment of the 2 term limitation. Councilman Nader stated he doesn't feel the Council is breaking the Charter amendment; however, he does have "qualms" about changing the policy at this particular time. Mayor Cox noted that there is no need to "appoint" Phil Creaser for another year term that, in fact, the terms of the Unified Port District Commissioners are established by the Port District Act and an incumbent will serve until his replacement. Councilwoman McCandliss indicated that if the Council is serious about replacing Mr. Creaser at the beginning of next year, they should start the recruitment process in July. She added that what they did this evening would "settle the evening but not the problem." It was moved by Councilwoman McCandliss to reconsider. The motion died for lack of second. Councilman Moore agreed that there should be at least a 6 month transition period for the new appointee. The motion to extend Phil Creaser's appointment for one year to January 1, 1988 passed by the following vote, to wit: AYES: Moore, McCandliss, Nader NOES: Cox, Malcolm Minutes 6 February 12, 1987 Mayor Cox clarified the motion stating the Council, in fact, is taking no action on reappointing a Commissioner but will consider the appointment again on January 1, 1988 with Mr. Creaser continuing on in the interim. ADJOURNMENT AT 8:35 p.m. to the meeting scheduled for Tuesday, February 17 at 7 p.m. J ' NIE~M. FULASZ, CMC ~City Clerk 0964C MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Thursday, February 12, 1987 Conference Room City Hail The City Council met in the Council C~c at the Building, 276 Fourth Avenue on the above date at 4:00 p.m. with the following Councilmen present: Cox, MeCand]iss, Malc0]m, Nader, Moore Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 8:35 p.m. until Tuesday February 17, at 7:00 p.m. in the Council C~i~c~c Chambe I~K~, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of City of Chula Vista, California STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S/LN DIEGO ) ss OF ADJOUP~N~ENT OF MEETI~]G CITY OF CHULA VISTA ) I, jennie M. Fulasz, being first duly sworn depose and say =: That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the adjourned regular meeting of the Council of the City of Chula Vista was held 1/12/87 and said meeting was adjou. rned to the time and place specified in the order of adjournment ATTACHED HEPj~TO: That on 1/13/87 at the hour of 10:00 I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of 1/12/87 was held. City Clerk Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California