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kept or rescinded.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