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HomeMy WebLinkAboutcc min 1995/04/25 (2) MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 25, 1995 Council Chambers 8:10 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Moot, Padilia, Rindone, and Mayor Hotton ALSO PRESENT: Jotm D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk BUSINESS 2. DELIBERATION AND POSSIBLE APPOLNTMENT TO CITY COUNCIL SEAT NUMBER 4. Mayor Horton stated Council had ~net on Saturday for approximately five hours and interviewed six final candidates out of 23 applicants. Council was at an impasse at that time and unless Council could choose a candidate to fill the vacancy a special election would have to be called. She hoped Council would refrain from discussing candidates that had already been thoroughly discussed unless there had been a change in opinion. Councilmember Rindone stated he disagreed that Council was at an impasse. If that was the case the item would not be before Council at the present time and a special election wmdd have been called. If agreement was not reached, but there was possibility tbr furth,;r discussion there was still time within the 30 days unless three or more members of the Council agreed there was an impasse. If that was inaccurate he wanted the City Attorney to clarify that point. Mr. Boogaard stated his opinion in interpreting the Charter was that the Council had a good faith duty for 30 days to attempt to fill the seat by appointment unless after exercising their good t~.ith duties they were at an impasse at which time they could call a special election before exhausting all 30 days. If either was not done at the end of the 30 days Council would have to call a special election. Councilmember Rindone stated he hoped all Councilmembers had an opportunity to reflect upon Saturday's meeting. He felt it important for the conmaunity to understand that a special election could not be called unless an attempt was made by the Council to appoint. Only if an impasse was reached could a special election be called. He t~lt Susan Fuller was the most viable, highly qualified person available for appointment and was willing to accept an interim appointment. He then reviewed Ms. Fuller's qualificatinns and accomplishments. He felt she could hit the ground running. Due to Proposition J the experience and seniority on the Council was probably the shortest in the City's history. MOTION: (Rindone) to renominate Susan Fuller to fill Council Seat No. 4 for the interim period through March 1996. Councilmember Padilia felt it important to have definitive closure and statements on the issue. For the reasons articulated by Councilmember Rindone and reasons he had stated on Saturday he would second the nomination. MOTION SECONDED: (Padilia) Mayor Horton stated she resl~eeted and liked Susan Fuller and was aware of her backgrcmnd. However, she had a different opinion of who was the best candidate. She had been in a very bitter race t~r the Mayor's seat and during that time Ms. Fuller became very bitter during and after that process. She hoped the Council could support a candidate that everyone felt comfortable with and she did not feel comfortable with Ms. Fuller. She felt the best candidate was past Councilmember Len Moore. He had been elected by the community and the Charter was Minutes April 25, 1995 Page 2 ambiguous as to whether or not he could be appointed, but it was up to Council to make their own interpretation. Council had made it clear that they would not even consider it as an option and she felt that unfortunate. A special election would be over $100,000 for a five month period. Len Moore was up to speed on all of the issues. Councilmember Moot stated the process was very important and noted $120,000 for a special election could help to staff the new fire truck, police officers, etc. ]t was very difficult to pick between candidates that were all very qualified. He noted that Mary Salas had a unique skill that other candidates did not have, i.e. economic development, which was one of the major goals of the Mayor when she took office. He felt that easily put her in the category of the best qualified candidate along with Ms. Fuller and Mr. Tarantino. Ms. Fuller had actively supported the Mayor's opponent in the last election and he t~lt she fully supported the views, opinions, and goals set forth by Ms. Allen. The Mayor also set ~i~rth her goals and opinions and the Mayor won the race comfortably enough that it did not go to special election. He felt some deference should be given to the voters choice between the two. He had asked Ms. Fuller during her interview if she had changed her opinions of what she felt were her views and goals of where the City should be headed and she did not directly answer the question. By her silence he assumed that she still shared the views, opinions, and goals set by the candidate that did not win that race. He felt the goals and priorities set by the Mayor were good and he supported them. He was not prepared at the present time to potentially change the direction he f~lt the City was headed and where he felt the voters wanted the City to go. He conceded that Ms. Fuller was a qualified candidate he t~lt she was in a group of very qualified candidates of which to choose from. Councilmember Rindone stated the reason he renominated Ms. Fuller was in hopes that through review of Saturdays meeting that instead of trying to push the City into a special election that Council could choose a very qualified candidate. It was incumbent on all Council, especially the Mayor, to reach out and to bring in all views and to be a consensus builder. It disturbed him greatly that the thrust of the basis for rejection of the most qualified candidate was because they had worked tbr another candidate. Ms. Fuller treasured the City. He did not disagree with the qualifications between Ms. Fuller and Mr. Tarantino but he l'~lt the list continued on with Ms. Fuller. All views, even those that differed should be brought into consensus. The issue regarding appointment of Len Moore had been debated extensively and the City Attorney's opinion of the Charter was that it would not be allowed and the issue had also been referred to the Charter Review Cormnittee. He l~lt Council needed to move forward. The most recent evaluation of the entire issue was Proposition J when 82 % of the voters of the community voted in support of having more of a voice in determining who the elected officials would be and not less. Councilmember Moot stated he respected Councihnember Rindone's views but did not feel it was just about feelings or who did or did not support a particular candidate in an election. The people were given choices in the last mayoral election. Views, ideas, and priorities were put tbrth and he limit Council had to give some deference that the people of the community chose the current mayor, her opinions, priorities, and direction. They did not choose the person that Ms. Fuller shared views and priorities. He felt that was a fundamental part of the debate. Mayor Horton stated it was a very hard thing for her to share with the community. She had a history of appointing people that she may not be friends with, but those that she felt would do the best job. She was looking for soraeone that everyone could work with because working together was what Chula Vista was all about. In her opinion, someone else fit the category of best qualified. She was willing to compromise and appoint a new councilmember as the Charter sated the Council should make every effort to appoint. There was more to the issue with Ms. Fuller than met the eye and she did not feel she should be pushed into appointing someone when she did not feel comfortable with the situation and she would not do that to a tilllow Councilmember. Councilmember Rindone stated Mayor Horton had made allegations that he knew nothing about and requested the Mayor state what the allegations were publicly. Councilmember Moot felt it very important that Council maintain the professional demeanor of the meetings. It was a serious decision and he could see no good that could come from the meeting if it degenerated into what had happened last Saturday. He hoped to never participate in such a meeting again. He requested that the last two exchanges be forgotten and the meeting kept at the highest professional level. Minutes April 25, 1995 Page 3 Councilmember Rindone agreed the meeting had to be kept at the highest professional level but if a member of the Council had no understanding of what the Mayor was reli~rring to it should be explained. Mayor Herton stated she had discussed it with Ms. Fuller and did not need to discuss it with the Council or the public. Councilmember Moot felt it could be a personal discussion between the Mayor and Councilmember Rindone when the meeting was over. He felt it best to concentrate on the City's business and keep it at a level everyone could be proud of. Councilmember Padilia agreed with the necessity of the Council maintaining a level of dignity. It had been difficult for him and called for the question. VOTE ON MOTION: failed 2-2 with Horton/Mm~t opposed. Councilmember Padilia stated he had tried on Saturday to articulate his personal philosophies and reasons as to why he was in support of interim appointments. It was not just about an appointment, but what kind of appointment would be made. An interim appointee was diff~-rent in many ways than an open-ended appointee. An interim appointee would be a statesman for the City, one who would serve without other political considerations. He did not feel anyone would be able to get their first choice. He had thought about it since Saturday and he agreed it was not a pleasant experience. He felt for the benefit of the City they needed to move on. He would never consider anyone that did not apply. He felt Commissioner Scott Alevy was a suitable compromise in that he came from a different perspective, i.e. not a developer, not an attorney, not from the Planning Commission, not a civil servant, but someone that dealt in marketing and private business. He then reviewed Mr. Alevy's qualifications. He believed Mr. Alevy was one of only two on the list that also encompassed his criteria of a nonepolitician as he did not plan to seek office and had not attempted to nm for office in the past. That was not something that could be said for all the other candidates. MOTION: (Padilla/Rindone} to nominate Scott Alevy to fill the vacancy on Council Seat No. 4. Councilmember Moot stated to be fair to Mr. Alevy and the other candidates he wanted to share his thinking. He felt people demonstrated their commitment to the community by their actions and involvement in the community. In reviewing the six applicants before Council he saw three that by their actions had demonstrated a commitment that he felt divided them from the other three candidates. He believed the other three candidates qualified but he did not know the extent of their commitment to the City which was demonstrated by the other three candidates, i.e. Fuller, Tarantino, and Salas. Those three had served on at least two significant committees that dealt with a broad range of issues that were dealt with at the Council level. While the Parks & Recreation Commission was an important and valued commission it only gave a very narrow look at the issues the Council dealt with. Experience on planning commissions, GMOC, Civil Service, Chula Vista 21 gave a breath of understanding and feel for the City that was very different than if serving on only one particular commission. He felt the Council should search and try to find someone with a broader depth and exposure to the issues dealt with at the Council level. Councilmember Padilia stated one of the major concerns was the political consideration and that was why he had advocated an interim appointment. He had explained his criteria tbr choosing a candidate in terms of experience. In looking over the list of applicants, everyone except Ms. Fuller and Mr. Alevy had either considered, were considering, or had attempted to run fbr political office. He was looking ~br someone that had a commitment to the eommunity, intelligence. ability, experience, and was not political. He felt Mr. Alevy was a good compromise candidate and would be very capable. VOTE ON MOTION: failed 2-2 with I-Iorton/Moot opposed. Mayor Herton stated there were two other candidates that had stated they had no intention ~o seek political office. When she ran for office the two li~remost issues of concern stated by the citizens of the community were public safety and economic development. She limit it Council's responsibility to fill the seat with someone who could help Minutes April 25, 1995 Page 4 the Council pursue those two issues. She t~lt Mary Salas through her experience with the State Trade and Commerce Agency could do that. She then reviewed her qualifications. She felt Ms. Salas had vision and direction. MOTION: (Horton/Moot) to nominate Mary Salas tn fill the vacancy on Council Seat No. 4. Motion failed 2-2 with Padilla/Rindone opposed. Councilmember Moot stated he would like to stay within a tier of candidates with a proven commitment over many years. He requested Council consider Mr. Tarantino. Mr. Padilia stated consistency was something he had always admired and he had articulated his approach in reviewing the candidates. He felt he had done well in getting Council to agree on an interim appointment. To some degree he had spoken to each and every candidate and he knew that everyone except Ms. Fuller and Mr. Alevy had either attempted, would attempt again. were planning. or would plan to run fur political office in the future. That was OK, but the appointment was to be an interim appointment. He had offered what he felt were two qualified candidates for the office but he would not be pushed into accepting someone that would be doing the very thing that he had fought against. That was not a good statement fur him as a leader to make to the community. They were both qualified, both capable, both non-political and that was what Council should be looking at. He requested that Council reconsider the direction it was heading in. Mayor Hotton stated it was her understanding that Ms. Marquez did not plan to seek public office and had not sought public office inthepast. She questioned ifMs. Marquez was one of the candidates Councilmember Padilla was concerned about. Councilmember Padilia repled that was correct. He t~lt all but the two mentioned had accepted the condition because that was the only way they could get appointed. Mayor Hotton stated she did not have a problem in supporting Mr. Alevy. She had to nominate Mary Salas because she felt she was the most qualified. Councilmember Moot stated he respected Councilmember Padilla's opinion and did not expect him to change his opinion although he did not agree with it. He felt the commitment not to run in the next election was sufficient to resolve the issue. He questioned if Councilmember Rindone had some thoughts regarding Mr. Tarantino. Councilmember Rindone stated he had no additional thoughts other than previously stated. MOTION: (Padilla/Horton) to re-nominate Scott Alevy to fill the vacancy on Council Seat No. 4. Councilmember Rindone stated he would support the motion so that the position could be filled. Mr. Alevy was not his first choice but f~lt he would serve the City well. He t~;lt Mr. Alevy was a good candidate, Council had preserved the opportunity for the people to speak, and it would not cost the City any additional funding. He felt it was a wise move for the Council to move forward individually and collectively with a unanimous vote for Mr. Alevy. Councilmember Moot felt it appropriate that the vote be unanimous. While it had been a difficult process, Mr. Alevy was well qualified and he could support him. The council needed to keep their eye on the financial integrity of the City and keep all options open. He thanked the members of the Council for reaching an unanimous selection. Mayor Horton stated she was tempted to second Mr. Alevy's nomination the first time but felt she had to offer Ms. Salas' name because she was highly qualified. She t¥1t Mr. Alevy would do an excellent job for the City. She hoped with Mr. Alevy on the Council they could enhance the promotion of some of the projects the City had in place. Councilmember Rindone requested clarification on when Mr. Alevy would be sworn in and that he would serve until the March 1996 election. Minutes April 25, 1995 Page 5 Mr. Boogaard stated he would serve until a successor qualified from the March 1996 election. Ifa successor did not qualify at the March election he would serve until the run-off election in November. Councilmember Moot stated it was his understanding that if someone received more than 50 % they would be seated in March. City Clerk Authelet stated the Mayor had to wait until December before she was sworn in even though she did not have a run-off in November. Mr. Booganrd stated that was because a seating date in a general municipal election was defined. The Charter specifically stated than an interim appointee served until the Tuesday following the next general municipal election which was the same rule that applied to Councilmember Moot. In that regard, that would be the first Tuesday in March if a successor qualified in March. If a successor did not qualify in March then the appointee would continue to serve until a successor qualified at the next November election. VOTE ON MOTION: approved unanimously. Mr. Alevy stated he was very honored and would do his best. Mayor Horton stated it was a very difficult time and she thanked her t~llow Councilmembers lbr being sensible and going forward and helping people to believe in the system. They had carried out a process that had been voted on by the citizens of Chula Vista and in doing so they had saved the City over $100,000 which could be spent on enhancing public safety programs or programs that would benefit the children in the community. Mr. Boogaard stated he wanted to discuss the seating date and term of office. He had issued an opinion to the Council prior to Mr. Moot's appointment which stated that Mr. Moot's term would end as soon as a successor qualified in the next general municipal election in March 1996. The same rules that applied to Mr. Moot would apply because of the appointment circumstance to Mr. Alevy. If Measure 20 passed in March and a plurality as opposed to a clear majority was required to determine the winner of a special election the successor could qualify on a plurality basis in March. If it did not pass there was a special run-off election requirement that would apply for the eight month term from March to December 1996. For the same reasons they were trying to avoid the costs of a special election here that Council would urge that the measore pass in March. Mayor Hotton thanked all the candidates that had applied for the vacancy. Councilmember Rindone reiterated the Mayor's comments not only on the six candidates, but for all 26 candidates that applied. He felt the process had saved the City money and had preserved the option for the electorate to determine who they best felt should serve the City. ORAL COMMUNICATIONS None AD.IOURNMENT ADJOURNMENT AT 9:17 P.M. to the Regular City Council Meeting on May 2, 1995 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Soderquist, Dep~,ty !C~ity Clerk