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HomeMy WebLinkAboutMinutes 1992-05-06 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes (Open Seat) -'-Roberta Cerri Teglia AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: 1. Appointments to the Conference Center Authority. e Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos who resigned May 1, 1992. MINUTES City Council Municipal Services Building Community Room May 6, 1992 063 ACTION TAKEN ADJOURNED REGULAR MEETING 8:08 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Teglia, and Penna. None. After a written ballot the following Conference Center Authority Boardmembers were appointed by unanimous vote: Hotels - Brian Blake and Tina DiRienzo; Restaurant - Joseph F. Ercoli; Business Community and Resident - Dennis Rosaia. After a written ballot the following Conference Center Authority Boardmembers were appointed by majority vote with Vice Mayor Teglia voting differently: Airline - Karen Coleman; Business Community and Resident Aldo DeTomasi; Visitor-Serving Business - Jake Jones. Mayor Penna congratulated all of the appointees. He recommended that he and Councilman Drago be appointed to the Authority, and requested concurrence of Council. Vice Mayor Teglia stated that he did not have her concurrence. A majority of Council concurred in the appointed of Councilmembers Drago and Penna. Mayor Penna stated that the Council would hear speakers before their deliberations on this matter. Mr. Pedro Gonzales stated that today was a good time to start reshaping the Council and Commissions and make the effort to include minorities in the poli- tical process for this community. He 5/6/92 Page i AGENDA ACTION TAKEN 064 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. asked the Council to select a minority person from this community to fill a vacancy left by Mr. Gus Nicolopulos. He stated that they liked living in So. City and their children attended schools in So. City, and for these reasons wanted to be included in the political decision making. Mr. Albert Waters, 2266 Shannon Dr., stated that he represented the Westborough Concerned Citizens, Advisor to Senior Advocates, and the Minority Coalition. He stated that this was an excellent opportunity for the Council to go down in history by appointing a minority person to the City Council. He stated that the Mayor had said that anyone could be elected to the Council, yet in Watsonville, Dallas, and Los Angeles the Court ruled in his favor that district elections were necessary, yet this City said it was too small; and he had come to them again on behalf of the minority community. He stated that he had lived in this com- munity for 30 years, knew all of the Council and their families personally, had been an activist, and urged the Council to select a minority to fill the vacancy. Colonel Elmore, Retired, stated that he had lived in Westborough for 20 years, and also urged the Council to select a minority if they were going to fill the vacancy by appointment. He stated that special elections cost the taxpayers a lot of money, and he did not believe in spending money that did not have to be spent when the Council could make the choice for us and appoint a minority to the Board. He stated that Westborough was composed of minorities and wanted one appointed to the Council, and urged the Council to appoint a minority. Mr. Art Senares stated that he spoke with no color in his eyes, but asked that the Council select from the various neigh- 5/6/92 Page 2 A 6 E N D A A C T ]' 0 N T A K E . 065 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. borhoods instead of spending money for an election, as well as, for the candidates having to spend money. He stated that the community would look at this as a prudent decision - for the Council to appoint a minority member to the position. Ms. Alice Bulos stated that the people were here to represent the minority popu- lation and the door was wide open because a vacancy had occurred. She stated that in S.S.F. the minority population was increasing, and their needs were sen- sitive. She stated that the community wanted a minority appointed and did not care if it was a Philippino, or Mexican, or Vietnamese American for the minority population would be represented and would participate. She stated that the Council had the per- ception that minorities do not vote because there was no one there to moti- vate them and to excite them to par- ticipate. She urged the Council to appoint a minority to the Council. City Attorney O'Toole outlined the three options in the staff report: 1) to replace through an appointment under GC 36512 which would be for the remaining term of the vacant Councilmember's seat; 2) call for a special election that must be held at the next regularly scheduled election not less than 90 days from the date the vacancy occurred; 3) to adopt an ordinance by a 4/5 vote which would allow the Council to appoint an interim Councilmember, and the appointment would be effective from the date of the appointment until the next regularly scheduled election date. He stated that if the Council chose to adopt an ordi- nance under this Section, at this point in time it would be necessary to make that an urgency ordinance since the Council must act within 30 days of the vacancy. He responded to a question on regularly scheduled elections by saying that it 5/6/92 Page 3 AGENDA ACTION TAKEN' 066 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. meant any election such as municipal, county, state, national or a primary, and the City Clerk informed him that the next regularly scheduled election was in November. Discussion followed: that the ordinance would take effect immediately because of the 30 day requirement; that the ordi- nance required a 4/5 vote; that the Council must take action on an appoint- ment or call an election within 30 days of the date of the vacancy; that the Council could adopt the ordinance at any time to affect any future vacancies; that this type of ordinance had never been adopted by the City; when the City Treasurer had died in 1985 a special election was held in April 1986 to fill the vacancy; the City Manager had been appointed as the Interim City Treasurer; that they called for an interim appointment for six months and then a special election; to make an appointment to fill the unexpired term; the appoint- ment process, soliciting applications, establishing a time frame, and time to consider the applicants which had to be completed within the 30 days; Councilman Drago felt that formal interviews should be conducted if the Council was going to appoint rather than only looking at resu- mes of applicants; that the Council could hold a special meeting before the 5/27/92 regular meeting to interview candidates; that if the Council on 5/13/92 could not agree on an appointment then an special election would be called; that the appli- cation process should be open to anyone, etc. Vice Mayor Teglia stated that she was not in favor of an appointment, and thought they should be selected by the community that they would represent. She stated that she had confidence in the voters, and not the Council. She stated that for a full year it should be a person elected by the community, and all people could run and present themselves to the public. 5/6/92 Page 4 AGENOA ACTION TAKEN~ 067 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. She stated that the Council had been asked to appoint a minority, and questioned who they should appoint - a black, a Chinese or Mexican. She did not want to do this, and wanted them to put up their best candidates and speak to the community because she felt this was a very important process. Mayor Penna asked the Vice Mayor if she was interested in an interim appointment until the election. Vice Mayor Teglia stated that she did not think it was necessary because the Council had done with four in the past, and there were few times when the Council could not deal with the issues. She stated that she had been absent at the last meeting because of the illness of her mother, and Mayor Penna had a conflict of interest and the Council could not deal with an issue. She stated that if anyone examined her last 15 years on the Council they would find that her attendance was very good. Mayor Penna stated that he was in favor of soliciting resumes and having inter- views on public television so the public could see the process. He stated that the Council as elected representatives of the community had the right under Election Code to appoint without obliga- tions and commitments, and see if someone can rise to the occasion by the standards the Council chose. Vice Mayor Teglia stated that she only hoped that an appointment process would not give a false hope that an individual would be appointed. She stated that when the Mayor spoke of televised interviews - this would be difficult for the indivi- duals even though it was a fair process. She expressed concern over the 18 month unexpired term, and wished it was shorter if there was to be an appointment. She stated that she had voted for a special election for the Treasurer because over 5/6/92 Page 5 AGENDA e Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. - 068 ACTION TAKEN 3/4 of the term was left, and in this case waiting six months puts the Council in a bind. She stated that she did not believe that throwing out names for appointment would work, and her fall back position was an election if the Council was up against a deadline because she did not want to see any more controversy. She stated that people had asked for an appointment and she did not want to deprive them of the opportunity, however, that was not a blanket endorsement - it was not a popularity vote. She stated that she was inclined to lean in the direction of an election and assist a person in the process. She stated that if a decision could not be made by the 27th, then the Council would be forced to turn everyone away and go for an election, etc. Mayor Penna stated that the Council was only discussing the options tonight and was not going to appoint, but the options were to appoint or call a special elec- tion, or ask for an urgency ordinance at the next meeting. Vice Mayor Teglia questioned the City Attorney: if the Council decided to go to election would it be wiser to take that vote tonight or the last day of May; and would there be a problem with the November ballot. City Attorney O'Toole stated that if the Council wanted a special election, he would prepare a resolution for the next meeting. Vice Mayor Teglia felt that an appoint- ment would be a difficult decision, and felt that the community should decide who is to be their elected representative. She stated that an election this November and next November for a candidate was not unusual and was done in Supervisorial 5/6/92 Page 6 AGENDA ACTION TAKEN - 069 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. races and was not a deterrent. Discussion followed: the time factor in soliciting applications in the event of appointment; lobbying by candidates; the political climate through Measure D and the vacancy; Mayor Penna expressed con- cern over the cost of a special election, and the emotions and energies that will be involved; importance of filling the vacancy during the next six months, etc. Vice Mayor Teglia stated that she felt that the appointment process would be highly charged with emotions, and was not sure that any of the existing Council would be elected tomorrow if there was an election. She stated that a person should present their best case to the voters, the electorate will vote, and the person will be entitled to a seat on the Council. Mayor Penna stated that he was involved in the 1973 election for deceased Councilman Boblitt which was highly charged with ten people running for one seat. He stated that what was bad is that the City's business is not being conducted. Councilman Drago stated that he had inquired about an interim appointment because he felt that was a compromise that the Council could live with, as well as, solve the deadlock and not jeopar- dize the public's right. He stated that he was against a six month appoint- ment, but it serves the Mayor's problem with only operating with four Councilmembers; and could not see anyone being entrenched in the seat for six months. He continued, and he would not be timid to make that appointment and then have everyone gear up for an elec- tion. He stated that he was sure the Council could find a neutral person to appoint. Vice Mayor Teglia stated that she was the one with the problem with an appointment. She stated that if the Council went back 5/6/92 Page 7 A G E N D A A C T I O N T A K E ~i 0'~0 e Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. a year when there was trust - but that doesn't exist now. She stated that the Council could get three votes and appoint and she was sure she knew all the names out there. She stated that she did not have a level of confidence in what she was hearing tonight, because for her the easy out was to give it back to the com- munity to deal with through an election. She stated that what the Mayor was speaking of in connection with a Council death was not the case here, because this was done by choice for his future health. She stated that she was not afraid on operating six months with only four mem- bers rather than play the politics. Councilman Drago asked the Council to appoint and maybe there was a person who is willing to serve for six months and not run for election and put some cohe- siveness back into the Council. Vice Mayor Teglia felt that the people who had sat on the Council for three, six or ten year had the experience to deal with the level of issues, and bringing in a new person -- she felt the Council had what it needed to conduct business until a November election. Mayor Penna stated that the Council had the right to appoint by Election Code to bring the Council up to five. He stated that in 1973 the Council had a split vote in trying to appoint, and had called a special election in 90 days after going through the appointive process. He felt that if this election was called in a 90 day period it would be livable, but to wait until November was too long. He stated that he did not think the Council was so decisive, where there should be someone in the City that would have enough knowledge of all of the issues taking place. Vice Mayor Teglia stated felt that Councilman Drago was going to come here with a name, and questioned if he 5/6/92 Page 8 AGENDA ACTION TAKEN 071 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. believed the four Councilmembers would be comfortable with that. Mayor Penna stated that they would be if it was a neutral person. Vice Mayor Teglia stated that that would only be three Councilmembers. Councilman Fernekes stated that he had heard a lot of discussion and valid points from Councilmembers, but did not agree that it was a sign of weakness if the Council would not appoint. He stated that he did not believe that the Council would be derelict in their duties because there were two options: to appoint or call an election. He stated that his preference had been stated in the newspaper a couple of weeks ago to have an appointment for six months and call an election in November. He stated that he felt that the position was important to the public, and the public has the right to voice who sits up here. He stated that he understood from the community that they want an appointment from their community, but which neigh- borhood do you appoint from - Westborough or the lower end of the City. He stated that after the Council looked at the applicants it would not be an easy deci- sion, and he leaned towards an election with a six month appointment. He stated that it would be a fair process without claims of bias, and is free where anyone can run and go before the public and ask for the vote. He stated that he felt that an 18 month appointment was too long, and it was unfortunate that someone would have to run two times in a row but the process put it before the public. He stated that he wanted the person to represent the whole community whether he is from a minority or not. He stated that he could support Councilman Drago's recommendation for 5/6/92 Page 9 AGENDA ACTION TAKEN' 072 Discuss and act on options to fill the unexpired Council term of Councilman Nicolopulos - Continued. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations, property negotiations and litigation. ADJOURNMENT: RESPECTFULLY SUBMITTED, -6arbara A. Batta k City of South San Francisco more time to find out some of the ramifi- cations. He stated that he leaned towards an election, and not make one community against another with the City polarizing on who should be appointed. He stated that he had received phone calls from the public on who should be appointed, but what was fair was an elec- tion to and to convince residents they are best for the job. Vice Mayor Teglia stated that the Council was going to wait another week, and hoped staff will come to the Council prepared for the Council to act on all even- tualities that night. M/S Drago/Fernekes - To direct staff to prepare a resolution, and an urgency ordinance. Carried by majority roll call vote, Vice Mayor Teglia voted no. Vice Mayor Teglia stated that a week ago her mother was sick and nearly died, and she wanted to thank the people for being kind and supportive to her family. Council chose not to hold a Closed Session. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:30 p.m. i ~ee~wt a' s~Yi~anc ~sco The entries of this Council meeting show the action taken by the City Council to dispose bf an item. Oral communications, arguments, and comments are recorded on tape. The tape ~nd documents related to the items are on file in the Office of the City Clerk and are ~vailable for inspection, review and copying. 5/6/92 Page 10