HomeMy WebLinkAboutcc min 1995/04/15 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Saturday, April 15, 1995 Council Conference Room
9:10 a.m. Administration Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Moot. Padilia, Rindone, and Mayor Horton
ABSENT: None
ALSO PRESENT: City Attorney, Brace M. Boogaard; and City Clerk, Beverly A. Authelet.
Mayor Horton turned the meeting over to the City Attorney to respond to issues beli>re the Council.
Issue 1: Responsibility to Seek an Apoointment for Vacancy:
City Attorney Boogaard stated the first issue is the Council's responsibility under the Charter to try to seek an
appointment. He referred Council to §303 of the Charter. There was a strong preference expressed in the Charter
that the Council should try to fill this vacancy by an appointment process, not by a special election. He stated that
the Charter is like the Constitution of the City; it is an expression of the will of the people, and it is the
responsibility of all sworn officers of the City to try to uphold its provisions.
Councilman Moot stated that the word used is "shall" which is mandatory.
City Attorney Booganrd responded that the Charter states: "A vacancy in the office of any member of the City
Council from whatever cause arising, shall be filled by appointment by the City Council." However, stated the City
Attorney, you cannot force peA~ple to agree; theretbre, shall means good faith effort. The reason that a strong
preference exists to avoid the cost of a special election is because of the word "shall." Secondly, the period of time
the appointee is to hold office is only until the first Tuesday tbllowing the next general municipal election. What
you are doing by appointment is depriving the people the opportunity to vote tbr their elected representatives. But
the people of Chula Vista decided, at the time the Charter was written, that given the cost of special elections its
worth it to allow a person to be put into the power of a Councilmember by an appointment.
City Attorney Boogaard went on to state that in the last paragraph of §303 the following language was written within
the last four years expressing the best efforts duty, "The City Council shall declare the existence of any vacancy
as soon as practicable. (This was done at the first Council meeting after Councihnember Fox announced the
effective date of his resignation). "The Council shall use its best efforts in good faith to fill such vacancy by
appointment within thirty days of their declaration of the existence of the vacancy. In the event it shall fail to fill
a vacancy by appointment within thirty days after such office shall have been so declared vacant, or sooner, if
impasse is reached sooner, it shall forthwith cause an election to be held to fill such vacancy." City Attorney
Boogaard stated that this explains the good faith duty on the Council to try to fill this vacancy by the appointment
process.
Councilman Moot stated that as he read the Charter, a special election could be held only if an impasse is declared.
City Attorney Boogaard responded either at impasse or if thirty days has expired after you have declared the
vacancy which occurred on April 4, 1995; so Council has until May 3.
Minutes
April 15, 1995
Page 2
Issue 2: Concept of a Caretaker Appointment:
City Attorney stated that the issue of a "caretaker" appointment was not addressed in the Charter; it was not
precluded, nor endorsed. The promise to not run can't be deemed a bargain or contract; it has to be a moral
commitment by the person. It probably is not going to be enforceable in a court of law. For all intense and
purposes, a commitment by a potential appointee not to seek office is politically as good as a contract or ordinance.
Councilman Rindone stated that it was his understanding that this has been done more than once, and it was agreed
upon by the appointee at the time the appointment was made. He concurred with the Attorney's evaluation that it
is not currently provided as a mandatory provision in the Charter. But if the appointee self declares that s/he will
not seek to run for election, then that can occur.
City Attorney Boogaard further stated that the reason there is term limits, which is really a mandated one-year
hiatus, is to avoid the concentration of power and advantage of incumbency. A caretaker appointment serves that
purpose if s/he promises not to seek office again, then that purpose has been fulfilled. It also serves the purpose
which the drafters seemed to have wanted, by allowing to serve until the next municipal election at which time the
voters should be given back the right to elect their representatives. There is not specific reference in the Charter
to the concept of a caretaker appointee. It is consistent with all the other concepts in the Charter.
Issue 3: Former Councilmember as a Caretaker Appointment:
City Attorney Boogaard stated the issue of the eligibility of Mr. Moore being considered for a caretaker appointee,
it was his judgement that the opinion of the Charter that Mr. Moore would not be eligible for appointment or
election until a year after he lett office. (He left office December 1994).
Councilman Moot stated that if you look at the §300D, there is nothing in that Section which would apply those
terms to an appointment. But in looking at §303, which deals with filling a vacancy, there is nothing in that
language to suggest or inhibit the ability of the application of §300D to an appointment. Absent any language in
the Charter that would restrict it, it seemed that this would be a political option that is available if the Cormell
wished to chose that option.
City Attorney Boogaard stated that he was not the final interpreter of the Charter provisions. He is called upon
from time-to-time by the Council to give his opinion. The Council has the same right to interpret the Charter
independent of hisjudgement. An appointment is not binding. He has some legitimate, analytical reasons for his
opinion. In §300D it states, "No person shall be eligible for nomination and election..." Them are two basic
prohibitions: (1) an ineligibility issue, and (2) a prohibition in seeking office. A councilmember does not have a
term limit; they have a mandated one-year hiatus. There are two possible interpretations: (1) the literal
interpretation of nomination and election, and (2) that application for appointment by Mr. Moore would be a seeking
of office and that your motion to nominate him is in fact a nomination and three votes here would be an election
to put him into office. You have to interpret the intent which seems that the draftees of the Charter wanted a one-
year hiatus in the holding of office by a councilmember.
Councilman Padilia asked that since Mr. Moore had not submitted an application and Council has not made a
determination whether they would consider a person who had not submitted an application, who initiated the opinion
from the City Attorney with regard to Mr. Moore?
City Attorney Boogaard responded that this has been the subject of two prior inquiries and both times he has issued
the same opinion. This arose when Assistant City Manager Morris came to him and asked him if it was his opinion
that Mr. Moore would be eligible to hold office. This was the second time the question had been asked. The
· I
Minutes
April 15, 1995
Page 3
Mayor had asked in December when the last vacancy occurred. When he makes an interpretation of the Charter,
he felt it was common courtesy to tell the person because it would get back to him anyway; he did not want Mr.
Moore to think he was doing anything that was under the table.
Councilman Rindone asked for clarification: Was Assistant City Manager Morris asking on Mr. Moore's behal~
City Attorney Boogaard stated he was not told on whose behalf Assistant City Manager Morris was looking into.
Councilman Moot stated he had asked City Manager Goss to look into this because the City Attorney was on
vacation. As he was reading the newspapers and looking at the community's reaction, it seemed there were two
divert strains of opinion: (1) that we want people in office who are elected, and (2) we want to be fiscally
responsible. He felt that we could have the best of both worlds -- a temporary appointment to the next election who
had elected support in the community, and we could save the money tbr the cost of a special election.
Councilman Moot further stated he had two conversations with Mr. Moore, and he indicated that if the Council felt
that this was the best solution, he would accept an appointment tbr a temporary period of time until the next
election. However, he made it very clear that this was not something he was seeking or inviting.
Councilman Padilla stated that he respected Councilman Moot's right to inquire of the City Manager. However,
he had a problem because he had a copy of a memo to the City Attorney from the City Manager regarding the
legality and legal interpretations whether a former member of the Council, who had not applied for the vacancy,
could be appointed to the vacancy. He had a problem with the City Manager being involved in this process and
with the City Manager taking issue with the City Attorney on a legal issue and writing a memorandum debating the
Attorney's legal interpretation of such an appointment, and that this memorandum had nc~t been circulated to the
full Council until today.
Mayor Hotton asked why he had a problem with this because the Council has the right to direct the City Manager
to do certain things.
Councilman Padilia responded that he understood that we have the right to request int~.~rmation. We do not have
the right to individually direct staff to do anything without three votes t'rom the Council. He felt it was out of the
ordinary to have a memorandum from the City Manager, who is not a City Attorney, writing a letter that is not
circulated to the Council to the City Attorney arguing with the City Attorney's interpretation regarding the possible
appointment of a former officeholder whose interest was not known.
Councilman Moot stated he asked that City Manager Goss prepare something t~r Council's consideration today and
to make a copy for everyone. He asked that this be put together in a package so that everyone could see the two
competing interpretations of the Charter.
Councilman Padilia asked if these competing interpretations came from an attorney?
Councilman Moot responded no because he t~lt it was up to the Council to decide. When there is no language in
the Charter that directs the issue one way or the other, then there is a policy decision of the Council to decide.
Councilman Padilia stated that we do have an opinion from the City Attorney who this Council employs that it does.
City Attorney Boogaard responded that he did not have any authority greater than anyone else to decide what the
Charter says. He was giving his opinion as a City Attorney of that provision. His opinion is only as good as his
analytical reasons supporting it.
Minutes
April 15, 1995
Page 4
Mayor Horton stated that when she asked the Assistant City Manager to look into this, she asked him to check with
other city attorneys and other legal minds. In fact, he tapped into some of the best legal minds in the County.
Councilman Padilia stated that his concern was that we were considering people who had not applied for the position
and requiring opinions from both the City Attorney and the City Manager about the legality of whether he can be
appointed or not.
Councilman Rindone stated that his major concern was in trying to involve staff when it could have potential of
them selecting their future boss or employers or members of the Council. It is most important for staff, other than
the City Attorney who works directly fur the Council, not to be involved in this process because it could be
misconstrued. He knew City Manager Goss and Assistant City Manager Morris well and he knows it was not their
intent; but clearly, its best not to have staff involved in selections, interpretations, or opportunities. This is a
territory that remains and should remain exclusively to the Council and the City Attorney. If the majority vote of
the Council is not happy with the City Attorney's interpretation or analysis, then we can seek other appropriate
evaluations. We should keep staff out of situations which should be decided by this Council.
Councilman Moot stated that the City Attorney does not interpret what the Charter means. The City Attorney is
not a judge. The City Attorney can look at the Charter and say this is what I think it means. Each member of the
Council has the same right, anthority, and knowledge as to the direct language in the Charter to make a decision
of this type. If the Charter doesn't say that you cannot appoint a City Councilmember who has served two prior
terms, there is no restriction in the Charter fur doing that act. At that point, it becomes a policy decision of the
Council. He urged the Council to keep their options open since we are in the realm of political and policy
decisions, not legal decisions.
Councilman Padilia stated that the point is that a decision has not yet been made by the Council whether or not we
will consider those who have not applied. In the absence of that decision being made by the Council, we have
opinions being asked of the City Attorney and being refuted by people who are not attorneys. Mr. Booguard is not
a judge; City Manager Goss is not an Assistant City Attorney.
Issue 4: Appointment versus Election
Councilman Rindone addressed the issue of holding a special election. He stated that during his first term, the
Council faced this issue with the passing of Mayor Gayle McCandliss. At that point in time, he favored holding
a special election and felt that an election was in the best interest of the community for a variety of reasons. An
appointment was not made, and it was concluded by the Council that they were at an impasse; a special election
was called. He felt we should keep the process open so that the people's vote was not denied or taken away. When
the voters approved a change in the Charter requiring run-off elections of council seats, the voters spoke loud and
clear that they wanted more control over the selection process rather than less. He felt we should follow the intent
of the voters. In the interim, he t~lt we needed to thoroughly examine other options. He felt it was inappropriate
to appoint another member who would have the potential advantage of being an appointed incumbent. He felt it
was an odious option which he would not accept under any terms. He felt the goal should be to have an
independent Council that is responsive to all voters, and he will seek to reach that goal.
Councilman Rindone further stated he did not like the word, "caretaker." He felt that everyone was basically a
caretaker since we were here for only a period of time. He felt a caretaker connotes someone who was not qualified
by either having been elected by the public or having qualifications sanctioned by those who have been appointed.
He did not feel in either case that this was tree. He urged the elimination of the word caretaker but talk about an
interim appointment.
Minutes
April 15, 1995
Page 5
Mayor Horton stated that the Charter amendment was Council initiated and when it went on the ballot, there was
a letter signed by all members of the Council except Mayor Nader. She knew people who looked at their ballot
and read that it was initiated by the Council, people whom they respected and elected, had a great deal to do with
the way they voted. She did not feel this had anything to do with setting a precedence with the appointment process
when we are dealing with a very short period of time. The best would be to have an election, however, given the
budgetary constraints that we are living in now and looking at possibly trying to cut expenses 10% across the beard
in every department, spending $180,000 to $200,000 for such a short period of time doesn't make a lot of sense.
She would rather be hiring new police officers, firefighters, or providing more children's programs. She did agree
with Councilman Rindone in this situation because of the short time and because we have appointed someone within
the last couple of months, that an interim appointment in this situation was most appropriate. She did not want to
make this a condition, but she fully supported that.
Councilman Rindone did not want to have the majority of the Council being appointed initially. He felt that a
special election was the best option, but if that is not achieved, then he would support an interim appointment. This
would avoid the cost of an election but have an extremely capable individual serve as an interim and then keep the
process open so the voters would not have an appointed incumbent for that particular seat. He disagreed with
Mayor Hotton in that when voters look at ballot statements and look at those who write arguments for and against,
they seek those who are in office and those whom they trust. The point is that a vast majority supported run-off
elections. Clearly no one can refute that voters want more participation in who is on the Council. Regarding the
cost, he was concerned about the cost of the election. He talked with the City Clerk about this because he knew
that we could have a private vendor assist. The City Clerk has done research on the two that work in California.
He understood the fiscal concerns in the City, but if we come to an impasse, the cost of an election has been abated
by the work of the City Clerk which is about one-third of what has been originally estimated. It is unfurtunate that
Mr. Fox's resignation was protracted; had it been done in a more judicious manner, then a special election could
have been tied in with other elections.
Councilman Moot questioned the Clerk that if there was a run-off election, did the $57,000 quote from Sequoia
Pacific include a run-off election or would we double this nnmber.
City Clerk Authelet responded that we would double it.
Councilman Moot asked what was the earliest that we conld hold the election?
City Clerk Authelet explained that there we two scenarios: (1) if we stick with the current Election Code, then
November would be the earliest that we could get something on the ballot. in Section 902 of the Charter, it states
under the title, "The Procedure for Holding Elections is, "Unless otherwise provided by ordinance hereafter
enacted..." She explained that because we were a Charter City, we could pass an urgency ordinance removing the
restrictions of the State Election Code. If we did that by May 1, an election conld occur within 114 days of the
call of the election. That would put a special election at the end of August or first of September. If you had an
election the first of September and had a candidate who did not get a majority vote, then the Council could call a
run-off election and in 114 days there would be a run-off election which would occnr around the first of D~cember
who would serve until March 1996.
City Attorney Boogaard stated that for the interim period, a candidate would serve to the first Tuesday following
the election in March. Then we would need a second election in March for the fuur-year term starting December
1996 to December 2000.
Councilman Moot stated that a person would be running four times in less than a year?
City Attorney Boogaard responded yes if there was a special run off.
!
Minutes
April 15, 1995
Page 6
Councilman Rindone stated that you could also pass an ordinance which could be put on the special election to
eliminate the need for a run-off election fbr that one special time which is an issue which has not been addressed
if the majority of the Council so chose.
City Attorney Boogaard stated that the Charter Review Commission was evaluating language which could be put
on the March ballot, but the people would have to vote to eliminate the special run off election.
Councilman Rindone responded that the idea of special run-off elections was not anticipated. It is something which
has occurred since then. Although the voters wanted more participation, they might want to abate that provision,
and we will not know until it goes to a vote of the voters.
Councilman Moot stated that if we didn't go with a special ordinance but went by the mandated dates that exist, if
there was a run off after November when would a run off occur.
City Clerk Authelet responded in March. the date set fbr the next election.
Mayor Hotton stated that fbr these reasons, she has a hard time supporting spending six figures to elect someone
fbr such a short period of time. The voters elected us to be reasonable.
Councilman Moot asked what was the historical voter turn out fbr a special election? Los Angeles just had a special
election and the papers indicated an 8 % turnout.
City Clerk Authelet stated that in June 1991, the voter turn out 28.6% which was a special election but was held
on a statewide election date. In looking through the "Election Results Booklet," the City Clerk could not fred any
city election which was held on a date which was not consolidated with a state-wide election. A quick perusal of
elections back in the 1970s when city elections were held in April, indicated a voter turn out of approximately 20
to 25 %.
Councilman Moot stated he could not understand why people feel that three of the Councilmembers would be
appointed. The Mayor has withstood two elections~ once without a run off. He felt that the Mayor has proven that
the people support her.
Councilman Padilia responded that the Mayor is not being attacked. The issue is that the Mayor was initially
appointed and that did give her a great advantage in her election to her seat subsequently. It could be argued that
had she not had that advantage, she might not be sitting where she is today. The reality is that if we have another
appointment, then the majority of the Council would have gotten into office by virtue, to some extent, by being
appointed. This is not meant to be disrespectful of the Mayor or Councilman Moot. It is a point which needs to
be made.
Councilman Moot stated that we must be accurate that the majority of the Council, even if we were to appoint,
would not be an appointed Council.
* * * Council recessed at 10:25 a.m. and reconvened at 10:35 a.m. * * *
Councilman Rindone commented that his preti~rence has been for an election. The alternative is to get an interim
appointment. If we do, and the candidacy of Mr. Moore is considered, he would be uncomfortable with that.
Neither he nor Mr. Moore would want to be under the cloud of the interpretation that he could serve within a year;
whether it is or is not correct.
Councilman Moot stated that he supplied Council with a copy of the "Election Guide" which reflects that Frank
Scott who was elected twice to the City Council on two occasions was asked and agreed to fill temporary
Minutes
April 15, 1995
Page 7
appointments when we were in this problem before. Will Hyde has done it in the past; Bob Campbell has done it
on two occasions. If you look at the history of Chula Vista, we have been in this position before. We would not
be denying our history by at least considering going back to someone who has formerly served the City well and
is universally respected and asking them to help out in a situation like this.
Cotmcilman Rindone stated that one of the candidates listed that has applied that doesn't have that one-year hiatus
baggage is a former two-time Mayor and Councilmember who has agreed not to seek re-election thus keeping the
options fully open; that is former Mayor and Councilman Frank Scott. He was prepared to support that if the
majority of three of us would also.
Councilman Rindone stated that Council had identified two key issues: (1) need to look at the hiatus period -- it
may need to be rethought and (2) need to look at special ran-off elections when there is not a majority and how the
voters view that. He asked the Clerk to place these items under his cotnments fur consideration to see if Council
wished to make a referral to the Charter Review Commission.
MSF (Padilla/Rindone) that the Council make a public statement that it is our intention to seek an interim
appointment to this seat and that we seek, before appointment, frnm the putential appointee an unequivocal,
public, and moral promised that they will not seek election to the seat in 1996.
Councilman Rindone stated he seconded this because he t¥1t this was the second best solution to an election and also
meets the Charter obligation to see if we can make an appointment prior to coming to an impasse. He felt this was
the next best alternative to insuring that all the voters have participation in electing their own officials without having
appointed incumbents for all positions and keeps the process open. He understood the City Attorney's interpretation
that it would be a commitment on the individual because it is not in the current regulatkms.
Councilman Moot felt that the restriction was not put on him when he was appointed, and he felt uncomfortable to
putting that restriction on someone essentially in the same position that he was in. He fi~lt they should all be treated
equally.
Mayor Hotton was not going to support the motion on the floor, not that she did not agree, but that she ',vanted to
lcave the options open.
VOTE ON MOTION: Those in favor Padilia and Rindone. Those against Moot and Hotton. Motion failed
2-2.
M (Padilia) that Council put into process a presentation process like the County employed for the
Supervisorial vacancy to allow all applicants who have submitted an application a minimum time frame to
make a presentation to the Council as to why they should be appointed. Motion died for lack of second.
MS (Padilla/Rindone) that the City Council limit its considerations of candidates to those whn have filled out
an application. Those in favor were Pudilla and Rindone. Those against were Mout and Hotton. Motion
failed 2-2.
MSUC (Padifla/Rindone) that the Council conduct the balunce of the business re~arding the discussion of
appointment of the Council vacancy in the Council Chambers. Motinn passed 4-0.
Councilman Rindone felt that applicants needed at least the support of one Councilmember. He would like to
continue the practice that we have done the last three times that each Councilmember submit the names they would
like to see interviewed and then the aggregate list be considered for interview.
Minutes
April 15, 1995
Page 8
Councilman Padilia felt that there were pe~ple on the list that no one on the Council knew. If we don't know them
and don't listen to them and hear what they have to say, how do we know that we can support them. He felt it was
unfair to the applicants ifwe did not hear them. He stated that ifhe loses the motion, then he willpull the balance
of the applicants who applied if they are not pulled.
Councilman Moot stated that if he did not know someone, he called them up and talked with them.
Councilman Rindone t~lt that it was an unrealistic expectation that the majority of the Council is going to appoint
someone that they do not know tbr the interim position. For that reason, if Councilman Padilia wants to pull them
all, then we will do them all. He t~lt that you really had to know the candidates.
Councilman Padilia felt that this process should not be limited to those we know personally or politically. He felt
that those who have applied deserve an opportunity to be heard. Having lost this motion, he stated he will pull the
balance of the applicants.
Mayor Horton felt she would have a hard time appointing someone after a five minute interview. If this person has
not been involved in the cormnunity, she was not sure she would be doing the community justice by appointing
them. She suggested that we select up to ten candidates that we would consider interviewing. If the ten could not
get at least two Councilmembers supporting them, then that person would be eliminated.
Councilman Moot stated he did not sense that Councilman Padilia was willing to relent, therefore, he suggested that
we invite all twenty-eight candidates to speak tbr three minutes. Then we come back the second time and interview
those people that have two or more Council votes.
Mayor Horton stated we will start on Wednesday at 5:00 p.m. in the Chambers. The City Clerk will contact each
applicant to let them know the procedure. they will have three minutes to present to Council a little about themselves
and why they should be considered to be a member of the City Council and selected.
Councilman Rindone felt he could not support a candidate who won't take this as an interim appointment, and he
did not want to re-interview those who are not. Therefore, he requested that the guidelines be sent out for three
minutes and they are to give an opening stateinent, reasons why they limit they could serve the city well, and
conclude whether they would accept appointment on an interim basis. There are some people who have not
indicated that, and he did not want to preclude them if that was their position.
Councilman Moot felt that there is some advantage befbre the interview process to know who we are eliminating
because they are willing to live with that promise. His problem about telling people that unless you promise not
to run you will not be considered, is that we are going to lose qualified candidates. He felt that if they announce
at the three minute heating whether they can live with that restriction or not, it may help us when we go to the
interview process to see if we are tying one hand behind our back in eliminating qualifying people because of the
restriction. Therefbre, at the three minute interview they should state whether they would run or not run for
election.
Mayor Horton stated that we can ask that question at the end of the interview.
After some discussion regarding the second interview. Councilman Moot suggested starting at noon on Saturday.
City Clerk asked Council if they wanted the candidates to remain out of the room during the interviews. Consensus
of Council was that on Wednesday it did not matter. Saturday it did and the City Clerk would try to get the mikes
turned off in areas outside the Chambers during the interviews.
City Attorney Booguard stated you could only do that with their consent.
Minutes
April 15, 1995
Page 9
Councilman Rindone stated that if they did not agree, then they probably would not get three votes.
Councilman Moot stated that on Saturday, we might want to consider asking the candidates not to discuss the
questions they were asked in the interview until we had finished all the interviews.
Councilman Rindone felt that we should draw candidate names by lot because the last person interviewed always
has an advantage. There are a lot of theories on interviewing process. You either want to be the very first or the
last one interviewed because it has an historical preference. Councilman Rindone stated that whoever was chosen
as finnlists on Wednesday will be contacted.
Councilman Rindone stated on Wednesday, the candidates should be scheduled in intervals of five minutes which
gives three minutes for the statement and time for a quick question. Maybe after every ten people we have a five
minute break.
Mayor Horton felt we should call a break whenever we needed one.
Councilman Rindone felt that we needed to schedule it otherwise you run so ti~r behind. He suggested scheduling
twelve per hour with one five minute break. He felt having the list posted would let people know the schedule
ahead of time.
Mayor Horton asked if they wanted dinner also. Consensus of Council was to have snacks available tbr a twenty
minute break.
ORAL COMMUNICATIONS
Mark McDonald, 228 "I" Street, Chula Vista, member of the International Association of Fire Fighters. He
expressed concern about the process. They felt it was a sensitive issue that there be another appointed
councilmember within one year. They would like to have more inpnt. The best situation for them would be to have
another election so they could interview the candidates and find out who they would like to support. At the very
least, they felt the restriction not to run in 1996 was good, then they would not have an advantage.
Mayor Horton stated that by the conm~ents made by the Council today, there were at least three members who
would not support someone running for election.
John "Steve" Miller, President of International Association of Fire Fighters. He expressed concern of another
Council appointee. The restriction would be an adequation one. He t~lt that Councilman Moot was in a different
position since he was the only appointee. This is different because it will be the second appointee. They get
involved in the community and support Councilmembers. He t~lt it was in the best interest to have a candidate who
will not seek election in March. Then the public could get involved and decide who will be the next Council
member.
Dennis Rawley, 209 Sea Vale, Chula Vista. He t~lt that he had a phih>sophical difference with Steve and Mark
and a majority of the Council. He felt his thinking represents a significant part of the electorate also and that
Council was sending a bad message to the electorate in placing any restriction whatsoever on the next appointee.
Council was elected to be the leaders and as such it was Council 's responsibility to abide by the Charter and appoint
the best candidate possible without any exclusions.
Councilman Rindone stated that it had been expressed to him quite a bit this last week, especially regarding this
issue of election versus appointment that the voters feel very strongly in wanting to evaluate possible candidates for
City Council through the electoral process. What the Council is attempting to do is to meet head on conflicting
concerns, not only with the Charter itself but also the wishes of the voters to have as mnch participation in the
Minutes
April 15, 1995
Page 10
process. If there is an interim appointment instead of an election, you have an attempt to provide the most viable
person to be in that position and at the same time keep the electoral process open. Failing to reach that consensus,
we will have an election and we will know within thirty days.
Mayor Horton hoped that Council understood that we have a Charter obligation; this was voted on by the electorate
and we have a moral obligation and commitment to our constituents. In her opinion, what has b~n presented today,
by the City Attorney, by the City Council, and the Charter itself that we shall and should try to appoint the new
councilmember. Hopethlly, we can come up with a candidate that we can all agree upon.
AD.IOURNMENT
Mayor adjourned the meeting at 11:38 a.m.
Respectfully submitted,
Beverly A. Authelet, CMC/AAE
City Clerk