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HomeMy WebLinkAboutcc min 2009/09/22MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 22, 2009 1:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 1:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: Councilmember McCann (Military Leave) ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, and City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE INTERVIEWS INTERVIEWS AND APPOINTMENT OF INTERIM CITY COUNCILMEMBER TO SERVE DURING THE ABSENCE OF COUNCILMEMBER MC CANN Larry Breitfelder questioned the City Council's authority to appoint an Interim City Councilmember during Councilmember McCann's absence. He suggested that the Council not make the appointment if that action would cause the City to be on thin ice. Jim Doud, Chula Vista resident, stated that the appointment of an Interim City Councilmember will be legally challenged, and seemed questionable. He asked the Council to ensure that this action is indisputably correct before going forward. Michael McSweeney, San Diego resident, stated that his interpretation of the City's Charter didn't allow appointment of an Interim City Councilmember. He further stated that should the appointment be invalidated, all actions taken by the Council could also be invalidated. He urged the Council not to make an interim appointment. Paula Whitsell, Chula Vista resident, expressed concern regarding possible consequences should an Interim Councilmember be appointed. She then read a letter from Richard Alvarez in opposition to the appointment of an Interim City Councilmember. In the letter, Mr. Alvarez stated that a lawsuit would be filed if the Council continues down the path of appointment without valid legal authority to do so. Ted Kennedy, Chula Vista resident, spoke in regard to not being selected for an interview. Page 1 -Council Minutes September 22, 2009 INTERVIEWS (Continued) In response to questions from the Council, City Attorney Miesfeld stated that prior to hearing the public speakers, he was not aware of any specific threatened litigation. Discussion continued between the City Attorney and the Council regarding the legal aspects of an interim appointment. Councilmember Castaneda suggested, since litigation was threatened, that the Council convene in Closed Session to discuss the threat of litigation. City Attorney Miesfeld suggested a short recess to allow him an opportunity to review the applicable laws related to adding a Closed Session item to the agenda. Mayor Cox recessed the Council meeting at 1:36 p.m. The Council meeting reconvened at 1:51 p.m., with Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox present. City Attorney Miesfeld advised that the Brown Act and Municipal Code allow a matter to be added to the agenda, if upon determination by atwo-thirds vote of the Council, that there was a need to take immediate action, and that need arose subsequent to the posting of the agenda. He advised that the Council could go into Closed Session to address the issue of threatened litigation. ACTION: Councilmember Castaneda, following the description of necessary findings by City Attorney Miesfeld, so moved to allow the Council to convene in Closed Session to discuss the threat of litigation. Mayor Cox seconded the motion, and it carried 4-0. City Attorney Miesfeld stated for the record that the City Council could go into Closed Session pursuant to Government Code Section 54956.9(b)(3)(d), to discuss the threat of litigation that was made during open session and for legal counsel to provide the Council with additional information related to the potential litigation. At 1:56 p.m., Mayor Cox recessed the City Council meeting to convene in Closed Session pursuant to Government Code Sections 54956.9(b)(3)(C) and 54956.9(b)(3)(D) for the purposes of discussing the threatened litigation and the decision regarding the appointment of an Interim Councilmember. City Attorney Miesfeld stated that during the 1:36 p.m. recess, he had received written threat of litigation, and advised City Clerk Noms that the document was available for the public. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(3)(C) AND 54956.9(b)(3)(D) Page 2 -Council Minutes September 22, 2009 CLOSED SESSION (Continued) One case: Threat of potential litigation regarding the Council's authority to appoint a councilmember to fill councilmember McCann's seat for the duration of his military deployment. ACTION: The City Council agreed, with a vote of 4-0, to conduct interviews, but postponed any deliberation on the selection process until Tuesday, September 29, 2009. The Council further agreed to aself-imposed silence with regard to the selection process and interviews until Tuesday, September 29, 2009. The Council meeting reconvened in open session at 2:34 p.m., with Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox present. Mayor Cox announced the action taken in Closed Session. She stated that the schedule for September 29, 2009 was anticipated to begin at 1:00 p.m., starting with Closed Session to allow City Attorney Miesfeld to discuss the threatened litigation, followed by Open Session to have deliberations for the councilmember appointment, and then interviews for Port Commissioner. The Council then interviewed the following applicants for Interim City councilmember: Mitchell Thompson, Kevin O'Neill, and William Hall. councilmember Castaneda requested that staff prepaze a letter to be submitted as written comments for a hearing of the State Water Resource Control Board, regarding its proposed policy to eliminate or mitigate impacts to the shorelines and mazine ecosystem caused by shoreline power plants, one of which was the South Bay power plant. He stated that the letter was due by October 1, and requested that the letter be added to the September 29, 2009 Special Meeting agenda for Council consideration. It was the consensus of the Council to add the letter to the Special Meeting agenda for September 29, 2009. ADJOURNMENT At 4:29 p.m., Mayor Cox adjourned the meeting to the Special Council Meeting on September 29, 2009 at 1:00 p.m. in the Council Chambers; thence to a council workshop on October 1, 2009 at 4:00 p.m. and thence to the regular City Council and Redevelopment Agency meeting on October 6, 2009 at 4:00 p.m. 9 Donna R. Norris, CM ,City Clerk Page 3 -Council Minutes September 22, 2009