Loading...
HomeMy WebLinkAboutcc min 1995/01/06Friday, January 6, 1995 Council Conference Room 5:10 p.m. Administration Building MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE CITY OF CHULA VISTA CITY COUNCIL CALL TO ORDER ROLL CALL: PRESENT: ALSO PRESENT: Councilmembers Fox, Moot, Padilia, Rindone, and Mayor Horton Berlin D. Bosworth, Secretary to the Redevelopment Agency BUSINESS 2. Appointment to the San Diego Unified Port District. Councilmember Rindone asked if any member of the majority wished to reopen consideration of retaining Dr. Penner as the City's representative to the San Diego Unified Port District. Since no member responded, no discussion was held. Mayor Horton asked for discussion to appoint a new City representative. Councilmember Padilia noted that while common law did not require prospective candidate, David Malcolm, to resign his seat on the California Coastal Commission, he and Councilmember Rindone met with Mr. Malcolm and he indicated he would be willing to resign. Mayor Horton asked about Councilmember Padilla's concern. Councilmember Padilia explained that while the ethics and law might not require Mr. Malcolm to resign, his concern dealt with the possible appearance of a conflict. Mayor Horton cited as example, San Diego City Councilmember Juan Vargas, noting he was a California Coastal Commission member as well as a Councilmember and that he did not have a conflict of interest. Councilmember Padilia pointed out Mr. Malcolm was a private citizen and Mr. Vargas an elected representative. He did not see a similarity. Mayor Horton desired to know if the State Attorney General ruled there was no conflict, would Councilmember Padilia be satisfied. Councilmember Padilla replied that if the State Attorney General said there was no conflict then there would be no problem. However, the issue was not currently resolved. Minutes January 6, 1995 Page 2 Councilmember Rindone related that two members of the Council, Councilmember Padilia and he, met with candidate Malcolm and that Mr. Malcolm addressed the legal concern. Councilmember Padilia and he both felt comfortable with David Malcolm doing what he needed to do to resolve the issue, not only from a legal perspective but from that of perception. Councilmember Moot asked if Mr. Malcolm would resign or would he wait until the State Attorney General made a decision. Councilmember Padilia said the Council should present a candidate who had the unanimous support of the Council. Councilmember Rindone concurred with Councilmember Padilia. Councilmember Fox noted at the previous meeting, the issue was raised about potential financial conflict, and asked if that issue had been resolved. Councilmember Moot said as the Commissioner is unpaid, there was no existing conflict. Councilmember Fox said the two Councilmembers who met with Mr. Malcolm seemed satisfied. Mayor Horton said the entire Council was aware that two members met with Mr. Malcolm so that the concerns raised by Councilmember Padilia at the January 4, 1995 meeting could be addressed. Councilmember Padilia stated he was satisfied with his discussion with Mr. Malcolm. Mr. Malcolm provided good, solid answers to his concerns. Councilmember Rindone said because of the number of contacts the individual would have, the issue of accountability needed to be addressed and that candidate Malcolm concurred there needed to be a forrealized process of accountability. At a minimum, on a quarterly basis, a formal written report and an oral report or update would be made to the Council. The written and oral reports would need to address fiscal issues, activities and priorities of the Port, and financial accountability so that the Council could help develop strategies and give direction. Mayor Horton noted she wanted to bring up this very same issue and was happy to note Councilmember Rindone had done so. Councilmember Rindone said he would not support a term of less than four years. Councilmember Moot asked if the quarterly report would be given at a regular meeting. Councilmember Rindone said it could be at a special meeting. Mayor Horton declared she could not support the idea of a special meeting to receive the report. Councilmember Padilia said the quarterly reports should be agendized for a regular meeting and not just added to an agenda. The agenda would need to be adjusted so it was not overloaded as Councilmembers would want adequate time for thorough review and discussion with the City's Port Commissioner. Councilmember Rindone noted candidate Malcolm's focus on how to retain critical tenants, such as Rohr, Inc., as well as what could be done to bring in new tenants, was very insightful. Minutes January 6, 1995 Page 3 MOTION: [Fox/Moot] to appoint David Malcolm to be Chula Viste's Commissioner to the San Diego Unified Port District. Councilmember Fox pointed out the intent of the motion was: [1 ] not to make it a condition of the motion for Mr. Malcolm to resign from the California Coastal Commission, but that he will be appointed to be the City's Port Commissioner with the understanding that he will resign, and [2] the intent of the motion was not to mandate the Port Commissioner to make a formal written quarterly report. Councilmember Padilia concurred with Councilmember Fox on item one of the intent of the motion, but could not concur with item two of the intent. SUBSTITUTE MOTION: [Moot/Rindone] to have the City's Port Commissioner, from this day forward, file, quarterly, a formal written report to the City Council, and present an oral report at a regularly scheduled Council meeting, on a set date, or, at the discretion of the City Council, at a Worksession/Meeting. Mayor Horton said that while agreeing with the accountability issue, she questioned if the Council would treat the quarterly reporting sessions as an evaluation session. Councilmember Moot made it clear the reporting sessions would not be for the purpose of a quarterly evaluation of the Port Commissioner, but be a forum only for discussion and dialogue. Councilmember Rindone said the intent of accountability through written and oral reports was for dialogue and for the Port Commissioner to ascertain the desire and direction of the City Council. Councilmember Fox requested the minutes reflect the Council's understanding of Mr. Malcolm's resignation. Councilmember Moot pointed out this policy would apply to every Chula Vista City Port Commissioner hereafter. Mayor Horton acknowledged the contributions of the many qualified candidates who interviewed for appointment to the Port Commission and Planning Commission. The Port Tenants Association related to her that they were very impressed with the talent and commitment to the community of the people of Chula Vista and they had a tot of nice things to say about the candidates. Councilmember Rindone concurred and noted the same sentiments were expressed at the January First Friday Mayor's Breakfast today. VOTE ON SUBSTITUTE MOTION: 5-0, passed unanimously. MOTION: [Fox/Moot] to appoint David Malcolm to a four year term as Chula Vista's Port Commissioner the San Diego Unified Port District, 5-0, passed unanimously. ORAL COMMUNICATIONS None. Minutes January 6, 1995 Page 4 ADJOURNMENT The meeting adjourned at 5:43 p.m. to the Regular City Council Meeting on January 10, 1995 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, Berlin D. Bosworth Secretary to the Redevelopmerit Agency