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Home My WebLink Aboutcc min 1991/02/04 MINUTES OF A SPEC/AL MEETING OF THE CITY OF CHLILA VISTA Monday, February 4, 1991 Council Chambers 6:07 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilm embers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk BUSINESS 2. Filling the Mayor vacancy by appointment or special election; and, Mayor Pro Tempore Moore opened the meeting for public input. Maggie Helton, 162 Mankato Street, Chula Vista, California, questioned whether it would be legal to have Greg Cox fdl the position of an Interim Mayor until an election could be held. Joseph D. Cummings, 1848 Ithaca Street, Chula Vista, CaLiforuia, stated he would normally prefer that Council appoint but now felt they should call a special election with an advisory election for Councilmember. There should be a qualification that those interested in the Council position be limited to a statement of qualifications on the election ballot only. Those speaking in favor of special election were: Michael Steiner, 538 Berland Way, Chula Vista, CaLifornia, submitted petitions with 450 signatures Mary Bixby, 216 Minot Avenue, Chuia Vista, California William E. Claycomb, 457 Delaware Street, Imperial Beach, California Ernest L. Robbins, 488 Elm Avenue, Chula Vista. California Fred Drew, 1275 Banner, Chula Vista, California Ric Ruybalid, 175 Corte Maria Avenue, Chula Vista, California Sid Morris, 862 Cedar Avenue, Chula Vista, California Those speaking in favor of an appointment were: Michael Green, 43 Palomar Drive, Chula Vista, California Ma~y Haymes, 1423 Eckman, Chula Vista, California Kay Everitt, 469 Emerson, Chula Vista, California Victor A. Nolan, 12 Via Barbarini, Chula Vista, California Bill Ayers, 44 E. Mankato Street, Chula Vista, California Kitty Raso, 373 Third Avenue, Chula Vista. California, urged Council to appoint Leonard Moore as Mayor and save the City the expense of an election. Jim Biddie, 233 Fourth Avenue, Chula Vista, California, representing the Chula Vista Chamber of Commerce, stated the Board of Directors had voted to recommend tLiat Council appoint Leonard Moore as Mayor. Minutes February 4, 1991 Page 2 Robert Piantedosi, 2060 Crosscreek Road, Chula Vista, California, felt that Council had withheld information from the public regarding the severiry of Gayle McCandliss' ilhess and that a special election should be held for Mayor. Councilman Malcolm responded that he had called the Editor of the newspaper because Mayor McCandliss was reading the articles and he felt it served no purpose for her to see that she only had thirty to sixty days to live. Councilman Nader responded that he had not been informed until four days after the election of the seriousness of her illness. If anyone had evidence that any Councilperson knew the seriousness of her illness before the election, it should be brought forward or the allegations should be stopped. Council deliberated whether to f~l the Mayor's vacant seat by appointment or special election. M (Malcolm) to appoint Mayor Pro Tempore Moore as Mayor. Motion died for lack of second. M (Malcolm) to appoint W'dliam Winters as Mayor until November 1992. Motion died for lack of second. Mayor Pro Tempore Moore withdrew his name from further consideration. MS 0tindone/Moore) adopt Resolution 16056 - CAI.I.ING AND GIVING NOT/CE OF THE HOLDING OF A SPECIAL MUNICIPAL F~I.RCTION TO BE HRIY} ON TUESDAY, JUNE 4, 1991 FOR THE Rl.l~CrlON OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CAIA~ORNIA RELATING TO (;~IARTER (3TIES. Motion Tabled City Attorney Boogaard requested that Council fred that they had made a good faith effort, declare an impasse, and declare unanimously that the passage of time would not resolve that impasse. If this action is not taken Council would have to wait the remainder of the thirty days, i.e. seventeen more days, before taking further action. Mayor Pro Tempore Moore stated that the motion presented by Councilman Rindone would be tabled in order to address the City Attorney's request. MS ('Rindone/Nader) to declare that the Council had made a good faith effort and had reached an impasse and that the passage of lime would not resolve the impasse. Councilman Malcolm stated he could not vote for the motion as he did not feel that a good faith effort had been made, although he did agree that the Council was currently at an impasse. VOTE ON MOTION: failed with a 3-1 vote with Councilman Malcolm voting no. City Attorney Boogaard stated it was his opinion that the motion would take a unanimous vote by the Council in order to proceed with calling a special election before the thirty day period. Coundlman Malcolm responded that he did not feel a good faith effort had been made for appointment but did feel that majority ruled and would therefore change his vote if the motion was reoffered. MSC (Moore/Rhdone) to declare that the Council had made a good faith effort to fill the vacancy of Mayor by appointment and had reached an impasse and that the passage of lime would not resolve the impasse. App~,oved unanimously. Minutes February 4, 1991 Page 3 MS (Moore/Rindone) to approve Resolution 16056 C~lling for a Special Election on June 4, 1991. Discussion was then held regarding the hiring of a consultant or contracting with the County for election preparation and set-up. VOTE ON MOTION: approved nnanimons]y. MSC (Nader/Rindone) to approve Resolution 16055 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL E! .F. CTION TO HR.I .n ON JUNE 4, 1991 WITH ANY OTHER EIF. CTION THAT MAY BE CAIJ~D IN THE SAME TERRITORY TO BE HE. LD ON THE DATE PURSUANT TO SECTION 23302 OF THE RI.ECTIONS CODE, AND APPROPRIATING FUllS THEREFOP~ Approved IIDanlmOU~y, 3. If an appointment from am eng the current councilmere bets is made to fill the Mayoral vacancy, then the l~!!in~ of the Counciltannic vacancy thereby created either by appointment or by special election (Continued from the 01/26/91 meeting) - No action talcen. 4. ORAL COMMUNICATIONS: 4a. Maggie Helton, 162 Mankato Street, Chula Vista, California, felt that Council had listened to the public and re-established their credibility. 4b. Fred Drew, 1275 Banner, Chula Vista, California, thanked Council for their decision to hold a spedal election. He felt it was the publids opinion that they did not want existing Councilpersons running for the office of Mayor due to the vacancy it would again create on the Council. He then declared his candidacy for the office of Mayor. 4c. Robert C. Maxwell, 473 Bedand Way, Chula Vista, California, congratulated the Council on their decision for a special election and the work they had done. He then declared his candidacy for the office of Mayor. 5. crrY MANAGER'S REPORTf S): None 6. MAYOR'S REPORT('S): None 7. COUNCH, COMMENTS: Councilman Rindone: 7a. 1. Requested that "consideration or discussion of an advisory vote for filling a Council vacancy" be placed on the next regular agenda. 7a. 2. Requested that "deliberation of the issue of payment to the Mayor Pro Tempore pending the seating of the new Mayor resulting from the June 4th election" be placed on the next regular agenda. This would allow adequate compensation to the Mayor Pro Tempore until that time. Minutes February 4, 1991 Page 4 Coundlman Nader: To. 1. Requested a verbal report from the City Manager regarding benefits for those employees called to active duty as a result of the Gulf War. ADJOURNMENT AT 7:40 P.M. to the Regular City Council meeting on February 5, 1991 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy City Clerk