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Home My WebLink About2009/09/22 Additional Information ~{f? ~ ~~ Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO OlY OF CHUlA VISTA ~~ii~r,~i(~~;,,~~",~;lA~'4~~~;~;<:'!jJfI~~,~~~~J1~~_~ September 10, 2009 TO: Mayor & City Council RE: Jim Sandoval, City Manager Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Mayor Cheryl co~ Jennifer Quijano, Constituent Services Managerffj- Interview Schedule for Interim City Council Seat CC: VIA: FROM: ~\;\y'~~~~'1i~'g'i~~~~!mt;l!t&l~~;<!!~v,a-j\m~~~~lII~~~~''iiI Below please find the interview schedule and interview questions for Tuesday, September 22, 2009, for the Interim City Council seat. Interviews will take place in City Council Chambers. This information will be provided to the three applicants. Should you have any questions, please let me know. Thank you. Interview Schedule: 1 :00 p.m. - Mitchell Thompson 2:00 p.m. - Michael Kevin O'Neill 3:00 p.m. - William Allan Hall 4:00 p.m. - Break 4:30 p.m. - Council deliberation Interview Questions: Mayor Cox: 1. Please describe your perception of the role of a member of the City Council with respect to the processing of the Bayfront Master Plan. 2. How do you prepare for a deliberative body's discussion of a controversial item? Deputy Mayor Ramirez: 1. Are you intending to run for a local office in the next election? 2. What are your thoughts on the budget as adopted by this Council? Would you do anything differently? Councilmember Castaneda: (Not yet submitted) Councilmember Bensoussan: 1. Do you have a good knowledge and understanding of Chula Vista's major land use policies such as contained in the General Plan, Urban Core Specific Plan and Bayfront Master Plan? Please respond as to your experience and/or familiarity with all three of these planning documents. 2. Describe your familiarity with or knowledge of Chula Vista's current adopted general fund budget and our revenue streams. Where do you think the focus should be to avoid shortfalls? 3. What is the single most important skill set you have that would allow you to "hit the ground running" as a Council Member and what is your most important goal to accomplish? Itu/) (710AJIft- /Nro/(f!fJftl (;e/J1 iF I Bart Miesfeld, City Attorney City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Mr. Miesfeld: This letter is in opposition to the proposed action by the City Council to appoint a person to serve on the City Council in the place ofMr. John McCann. The actions of the Council to appoint someone to "fill" the seat in Mr. McCann's absence is not consistent with the City's Charter or state elections code, nor does it protect the rights of the voters ofChula Vista who cast their votes in a duly certified election. The Council's proposed action attempts to treat Mr. McCann's absence as a vacancy; however, the Charter clearly defines the circumstances under which a vacancy occurs as: "If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneouslv with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of such conviction (in the case of conviction of afelony or crime involving moral turpitude), or the effective date of resignation as set forth in such letter of resignation, as applicable. The permission of the Council shall be grantedfor any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable. " It is clear that a vacancy does not exist under the provisions of our Charter. The voters elected Mr. McCann and unless he was to be removed, resign, or was unable to continue his term, the Council cannot make an appointment. The City Council has accepted Mr. McCann's anticipated absences as excused in light of his deployment as a member of the United States Naval Reserves. The City Council has continued to conduct the business of the city in a timely and effective manner during the past two months while Mr. McCann has been absent. There is no compelling reason to attempt an appointment at this time. The Council cannot simply take it upon itself to appoint someone else to Mr. McCann's seat while he is serving our Country. A lawsuit will he filed if the Council continues down the path of appointment without valid legal authority to do so. I hope that, in order to protect the voters' rights and taxpayers' dollars, the Council will conclude that it is unwise to proceed with an appointment. SEP 2 2. 2009