Loading...
HomeMy WebLinkAboutcc min 1994/12/09 MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Friday, December 9, 1994 Council Conference Room 4:50 p.m. City Hall CALL TO ORDER ROLL CALL: Council Present: Robert P. Fox, Jerry R. Rindone, Stephen C. Padilia, and Mayor Shirley A. Horton. Also Present: City Attorney, Bruce M. Boogaard; and City Clerk, Beverly A. Authelet (arrived at 5:35 p.m.) BUSINESS Councilman Rindone stated that they had received a letter from the Mayor that was of an emergency nature which was not listed on the agenda. He asked the City Attorney if they had the authority to discuss this. City Attorney Booguard stated that he was about to do a research on that, but it was his general belief that at an adjourned special meeting, you cannot do anything which has not been noticed. Only at a regular or an adjourned regular meeting can you use the emergency exception to bring something up off the agenda. As he was leaving to research this, the Mayor stated tu him that she did not have an interest in discussing this tonight. Therefore, he did not do the research. Mayor Hotton stated that she would rather wait for awhile; she will deal with this later for some specific direction. Councilman Rindone stated that the subject was of interest and was hoping it would be placed on Tuesday's agenda. SELECTION OF A COUNCILMEMBER - Cousideration of an appointment for vacant Seat No. 3 which was created by the election of Shirley Horton as mayor. The meeting was turned over to the City Attorney to expla'm the term for the appointed councilmember. City Attorney Boogaard stated that the philosophy of the Charter is that when a vacancy occurs, it is to be filled by appointment until the next general municipal election. It is a cost saving measure. If the term is not over, then there is to be an election at that general municipal election tu fill the remaining time. The next general municipal election will occur in March 1996 with a nine-month gap when the term would be over in De~cember. Under the Charter language, it is possible to interpret this to say that this appointment will run between now and the general municipal election occurring in March 1996. In March, Council will be required to have two elections: an election to fill the nine-month segment and an election which will fill the four year period. Councilman Fox asked if it were possible to declare the seat vacant again in March 1996 and reappoint instead of having two elections. City Attorney Boogaard responded that the purpose of the Charter was to be a cost-saving measure. It says you should try to elect your representatives as much as possible. Councilman Fox stated it would not be cost effective to have two elections for the same seat. City Attorney Boogaard responded that it was not two elections for the same seat, and it would be very cost effective. First of all, it will be a consolidated election; a special election would be $120,000. Consolidated elections are $20,000 and for two seats, we might be at $22,000. So the second election would be very cost effective. Mr. Boogaard further stated that currently we have a rule that if you have a general municipal election Minutes December 9, 1994 Page 2 or even a special election which is joined with the general municipal election, it is under state law considered a special municipal election. If our rnle states that if no one gets mere than 50% of the votes, we have to have a special runoff. Councilman Rindone asked if Council had the authority to determine the length of an appointment and to specify that so that we can eliminate these ambiguities and that if we come to an agreement to make an appo'mtment, the person would be appointed to March 1996. And than if there is an individual who wins the general municipal election at that time, we could than appoint that individual to the balance of the nine months. City Attorney Boogaard stated that what you arc asking is that the vacancy is seated until a successor qualifies. Under our rules, a successor will not qualify if the election in March does not produce a clear winner. Do you want to call a special runoff election in the nine-month period (our rules calls for i0. Councilman Rindone stated suppose we appoint Person X for tkis vacancy until March 1996. Than we have the ganeral municipal election in March 1996, and we don't have a majority winner. City Attorney Boogaard stated that your appointee will continue to serve until the results of a special runoff election. This is what our Charter calls for. Some people feel that this appointment will run until December 1996. It will not; it will run until March 1996 unless there is not a clear winner. However, if there is not a clear winner in March 1996, you will be facing a special runoff election requirement. By the time you call a special runoff election, it is going to take 109 days. It will put you within six months of the election. Therc will be two elections held simultaneously: one for a nine month term and one for a four year term. You can run for either or both. The appointee will serve until March 1996 or until a successor qualifies for office. Councilman Rindone asked if this necessitated an election. Is therc any way to avoid having two elections other than a Charter change? City Attorney Boogaard rcplied no. In March 1996, therc will be two elections. Election No. 1 will be for me months, and Eleetion No 2 will be for a four year period. Same person could win both elections. We should andeavor to do is to have a Charter change on the March 1996 ballot that will avoid the consequances of having to call special runoff elections. He will process this in the normal course of charter changes. Mr. Boogaerd stated that when we debated the special runoff election rule, he had suggested that in a special election you should go with just the highest vote getter, but no one agreed with him. Instead Council said we want to have net just a special election, but also a special runoff election if no one was a clear winner. Councilman Rindone stated he still supported that position because it would be an unfair advantage to the person if they did not get a majority sinca they would be seated and that was not the purpose of giving any candidate a prcferentiul advantage in an election. The suggestion to correct that by Charter amendment would eliminate that ambiguity and at the same time would not provide that benefit to an individual who might get the highest vote total but not majority in the election and could be seated. City Attorney Boogaard stated the best way to correct this problem would be to eliminate the special runoff election rule, but Council seeme to be saying that you would like it to remain. Councilman Rindone stated that if you seated by the highest votes, then that person has a distinct advantage over the other person who is running for a full four year term. That is not fair; they should compete equally. Councilman Fox felt that select'me a councilmember was a critical decision. He felt the person selected should be able to 'hit the ground running,' comprchend land use issues, understand the budget process, and have soma experiance on city-related issues. Mayor Herton felt that this was a fairly young Council in experiance with the most senior councilmember only being on the Council four years. We have lost Len Moore who was so knowledgeable. She felt we needed to look at Minutes December 9, 1994 Page 3 the qualifications: what do they how about some of the important issues in Chula Vista, how involved have they been in the plannin~ process, and what is their background in the budget process. Above all, land use because most of the decisions that Council makes are land use decisions. She would find it valuable to have someone who would be available to assist the mayor; she would like to have a hal0nce on the Council. Councilman Fox asked if we were limited to people on the list. Mayor Herton responded that we were not limited to the people on the list. We am only limited to those who are residents of Chula Vista. If someone has another name they want to bring to the table, Council would consider that. Councilman Rindone stated he had an opportunity to experience two situations in trying to fill vacancies. The Council should make best effort and good faith to fill the vacancy by appointment. In the past, the process was done by looking at the list and each councilmember agreed to vote on a specified number which happened to be three. To narrow that list down, each candidate had to receive one or morn votes. Council can agree to vote again and each member receive one less vote. If a candidate does not receive one or more votes, the name is removed from the list. It is a process toward developing a consensus. He felt it was important to come to a consensus on the process. It was important for everyone to state why they voted for each of the candidates. Mayor Herton stated in order to narrow the field, we should write down thre~ candidates. Then we will evaluate, and then vote, Councilman Pedilla suggestexi that someone read off each name, and Council indicate their vote. Mayor Herton added that everyone must know who their top thre~ choices were. Therefore, respond to just the top three, not to everyone who had potential. Councilman Padilia stated he had considered this process. He had some very strong opinions as a matter of principal and philosophy of what the appropriateness, in conformance with the city Charter, and utility was of an appointment. In his view, he would hope that the balance of the term would be small and that we would look for an individual who could be a caretaker and who could hit the ground rUnning. In combination with that, he did not feel that Council should benefit or convey any political influence to that individual or theft abilities for the future, i.e. the advantage of incumbency. He felt that one of the downsides of an appointment historically in the City of Chula Vista was that there was no getfrog around the fact that no matter who you appoint, you do convey to an individual the advantage of incumbency for the next election. His philosophy was that he would diligen~y pursue candidates for appointment and would support appointment. He would do so with the understanding that the individual, as could be legally state~l, would verbally assure Council that they would not intend to seek election to the seat in 1996. He would be willing to consider and to work with the Council on any number of candidates to make an appointment to the seat, but he would only consider candidates who will assure the Council that they do not intend to seek election to the seat when it opens in 1996. Councilman Rindon~ stated he did not philosophically agree with that. If this was a condition which we wanted to make on the candidates, then that should have been agreed upon prior to the interviews and discussion with all the candidates that this was the criteria for the application and for interviewing, This was not done. He did not see it as a negative faster that someone rUns for election if they have done well. He felt this could be a positive faster for the City because it will provide continuity. He felt it was extremely important to know that you are held accountable. Even if it is a term that is filled by appointment, the individual must still remain accountable and have to fac~ a potential election if they do well. Mayor Hot'ton stated that some of the people may not have applied if this was the situation. Councilman Fox stated that he did ask each candidate if they intended to run for election should they be appointed. Every candidate responded that they probably would except for one. He felt that if we were going to change the rules now, then we should go through the process again. Minutes December 9, 1994 Page 4 Mayor Hotton stated that the process is, unless the Council votes otherwise, that the candidate will serve through March 1996 end then have the option to run for election. Councilman Padilia stated that his intent was not to begin his term on the Council with the feeling that he could not work with other members of the Council; however, this was his principal. He felt that this Council was inappropriate to consider the terms end process of this appointment before the Council officially had the duty to carry those decisions out was seated. Mayor HerOn responded to Councilman Padilia that he had the option since he was elected to attend the meefmgs to voice his opinion at eny time, but he never shared enything until the night of the Council meefmg when he was sworn in. She took offenee to this. Councilman Padilia stated that he felt the process had already begun by declaring the vacency end making a decision of what the condiflons of new appointment were. When he was sworn in, applications were being taken end reviewed, end the date for interviews was already set. It was not appropriate for him, in his view, to come forward to screaln end yell about the process until such time as he was in office. When he was taken into office, he made his views very clear. In terms ofthe interviews, he felt that the questions regarding runnlng in 1996wereanswered by all the cendidates. He expressed his opinion about this at the time. If Councilman Fox had not asked these questions, then he would have. Although he felt that the process was technically legal, he was asked to review applications end to submit names for interview prior to becoming a member of the City Council. He felt rushed having to ~ce up a decision of this megnimde which he takes very seriously. Mayor Herton responded that this was why they accommodated him to give him extra time to think about this. She expressed that there were four councilmembers end we could talk about this all night. Ins~,-~,l we should proceed. Councilman Padilia stated that he underswod that the Council had within its power to set any conditions which they liked. If it is the decision of the majority of the Council that if this was not going to be a condition of this appointment, then he accepted that. But he felt we should not consider eny applicant who was going to run in 1996. Councilman Rindone stated that it was announced three weeks prior to eny terms be'rag instituted. When one is elected, they have every right, other than the voting right, to participate in every closed session or express views. He end his colleagues would have honored, respected, end appreciated eny comment at eny time. M (Padilia} that Council consider individuals for appointment for the vacant Council Seat No. 3 who will give Council the assurance that they do not intend to seek election in 1996. Motion seconded by Councilman Fox for discnssionpurposes. He asked if Councilman Padilla was suggesting that we sta~ over. Councilman Padilia responded that if Council would reach a consensus, it would be en easy matter to get hold of the one individual end ask him this question. If he responded favorably, that would be the end of the matter end Council would have an appointee. He was willing to pa~icipate in the process as long as it took to fill the appointment. He simply stated his position that this was the guideline which he believed in, end he will adhere to it. Councilman Rindone stated he would vote against the metion because he believed if there were to be preconditions, it should have been announced. He also believed that what they were doing was in the best public benefit. Councilman Fox stated that he felt Councilman Padilia was correct. He supported his philosophy. He also felt the Mayor was correct. If we agreed upon those conditions, we should have had them beforehen& Motion failed by the following vote: Minutes December 9, 1994 Page 5 AYES: Fox, Padilia NAYS: Hotton, Rindone Council recessed at 5:50 p.m. and reconvened at 5:57 p.m. Councilman Padilia reiterated his position regarding any particular candidate. He could not support any candidate, based on the interviews, who he did not believe would run in 1996. Mayor Horton responded to Councilman Padilia that Council had voted and that this was a democratic process. She asked if he knew who his top three candidates would be. Councilman Padilia replied that he was not going to suppo~ any candidate who did not conform to those guidelines. Councilman Rindone stated that he had every right to his views and opinions in the way he voted. He felt we should make every effort to try the appointment process and see if we can get three or more votes for any candidate to fill the vacancy. He suggeste~l that we use a similar process used previously. If Council chooses, each member submit up to three candidates for further consideration. Any candidate to receive further consideration must one vote or more. Then he would like to hear from his colleagues as to why they were supporting the candidates. MS (Rindone/Fox) that each Couneilmanber sdect up to three candidates and then Round 2 will only be salefled from those who received one vote or more. Prior to voting in Round 2, each will have an opportunity to say why the candidate was selected for the list. Councilman Padilia asked City Attorney Booguard if, under such a motion adopted, he would be required to submit three names. City Attorney Booguard replied that he would not be required to submit any names. Councilman Padilia stated that he would vote on the process motion. MOTION PASSED Each councilmember submitted three names to the Clerk for Round 1 as follows. Fox: Nick Aguilar, Mary Salas, Cathy Jamison Rindone: Donna Hawk, Dennis Rowley, John Ray Horton: John Willett, John Moot, Mary Salas Padilia: Did not submit any names Mayor Hotton expressed that John Willett was retired and would have the time to assist her during the day. He was extremely knowledgeable on a wide variety of issues: involved in land use, active in parks and recreation, knew what was going on in the bayfront development, and knowledgeable about Route 125. John Moot was an attorney, and she would like to have an attorney on the Council. He was on the planning commission and has the land use background. Mary Salas was a quick study. She has been on the planning commission. She was articulate and thinks ~ngs through. Councilman Fox expressed that Nick Aguilar was his number one choice because he could 'hit the ground running, was a previous elected official, understood the budget process, involved with the Chamber of Commerce, and most significantly with NAFTA related issues and national trade. He felt that Aguilar would add expertise and balanc~ to the Council. Mary Salas would be an important addition because she was involved with BECA becaus~ of her relationship with California Trade and Commerce. She was a plannin~ commissioner and could 'hit the ground running. ' Cathy Jamison was selected because of her experience in working with the youth. As a board member of the Boys and Girls Club, she had helped turn the agency around and generate some significant funds for the agency. She was a member of the Chamber of Commerce. He felt she could help foster critical partnerships that III Minutes December 9, 1994 Page 6 we needed to look into with our church community. She was a "quick study" and would need to utilize those attributes in order to catch up on the land use related decisions. Councilman Rindone offered consideration to Donna Hawk because she was a business owner and would add balance to the Council. She was a certified public accountant and has worked in the private sector. She was ethical, honest, and full of integrity. She has been active in the Downtown Business Association, and she has wonderful interpersonal skills. Dennis Rowley was an individual who had a lot to offer the community. John Ray was a member of the planning commission who was very involved in the Bayfront project and would serve the commul]ity well. Councilman Fox asked if someone received three votes in the second round, would that mean they were automatically appointed. Or would they need to be formally nominated? Mayor Hotton replied that they would not be automatically appointed. Councilman Rindone suggested that everyone vote again with three votes to see if there was any change, and with Councilman Padilia to see if he has given any thoughts to things that have been said. Mayor Ho~on asked if Councilman Padilia had any comments. Councilman Padilia stated that if Mr. Ray would confirm his intention not to seek election in 1996, then he was the only one he could consider. It was a matter of principal. As far as the others, he would have to stick to his principal. Each councilmember submitted three names to the Clerk for Round 2 as follows: ~'~ Fox: Mary Salas, John Moot, Nick Aguilar Rindone: Donna Hawk, Dennis Rowley, John Moot Horton: John Willett, John Moot, Mary Salas Padilia: John Ray Council eliminated those who had not received any votes. Councilman Rindone felt we nc~led to try to reach a consensus. Although Mr. Moot was not his first choice, he was highly qualified, and he did receive three votes. MS (Rindone/I-lotion) to offer the name of John Moot to fill the Council vacancy until March 199~ or until we have a successor who qualifies. Councilm~n Fox suggested that Counciln~n Padilla enusider participation. He understood his principal, bul we are at the point where a decision will he made and the situation does invite his participation. He was pafi of the process. Councilman Padilia stated that this was not a matter of like or dislike, there were a number of candidates which he knew personally that were well qualified. He would perticipete if it were not for the comments which he had already made, he could support any one of them. It was not a question of willingness to participate or to he a team player. This was a matter of principal. He has taken a position in regards to the appointment which was a ressonable one which has been logically thought through. Motion failed by the following vote: AYES: Fox, Rindone ~'~ NAYS: Padilia, Horton Minutes December 9, 1994 Page 7 MS OIorton/Fox) to offer the name of Mary Salas. Councilman Rindone stated Ms. Salas was highly qualified and he respected her a great deal. He made the motion for Mr. Moot because it appeared that he had three votes and it had been indicated to him that Mr. Moot had the highest respect, hitellect, tenacity and work ethic to do the job. It was incumbent upon Council to get on with the business of the City and he would support the nomination of Ms. Salas. Motion failed by the following vote: AYES: Rindone, Horton NAYS: Fox, PadiRa Councilman Fox stated he was interested in selecting the best. Although he felt Mary Salas' qualifications were superior especially since one of her primary jobs was to implement economic development strategy would have been significant to the City. He felt we should not eliminate soma of the other candidates without deliberation which inchdes John Moot. Councilman Rindone stated that both Salas and Moot were excellent candidaW~s. However, neither were in his top three choices. He felt he had gone as far as he could. It was up to the others to make a movement. To break the deadlock, he recommended a compromise candidate. M (Rindone) to offer Ms. Hawk as a candidate. The motion died for lack of a second. MS (Foxalorton) to offer John Moot as a candidate. Motion carried as follows: AYES: Fox, Rindone, Horton NAYS: Padilia Councilman Fox suggested that we make an attempt to make the choice an unanimous choice of this Council. Councilman Padilia stated that recognizing that the Council had made its decision dear, and he had made his opinions clear and had recorded his vote on that basis. As a matter of respect of the decision of the majority and as an extension of his willingness to prove to Mr. Moot that this was not a sole decision against him in any way, he would offer his support of Mr. Moot to make the decision of the City Council unanimous. AYES: Fox, Padilia, Rindone, Horton NAYS: None The meeting adjourned at 6:40 p.m. Respectfully submitted, ~uthel~t, CM~ City Clerk