HomeMy WebLinkAboutcc min 2009/09/29MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 29, 2009 1:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 1:03 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
At 1:04 p.m., Mayor Cox recessed the meeting to convene in Closed Session.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
No reportable action was taken on this item.
The meeting reconvened at 1:51 p.m., with Councilmembers Bensoussan and Castaneda, Deputy
Mayor Ramirez and Mayor Cox present.
City Attorney Miesfeld stated that in response to the threat of litigation regarding appointment of
an Interim City Councilmember, he had retained Legal Counsel Tom Brown, a specialist in the
azea of Municipal Law, and in particulaz the application of Charters for Charter Cities.
Legal Counsel Brown provided the Council with his opinion that, based on Chula Vista Charter
sections 200 and 201, and the Military and Veterans Code, it was clear and the law was well-
settled that the Council had the discretion to exercise its right to appoint an Interim
Councilmember to serve until Councilmember McCann's return from military leave.
Councilmember Bensoussan suggested that for future appointments, a policy be implemented to
make the process as transparent as possible by making the nominees' names submitted by each
Councilmember public.
Mayor Cox suggested that direction be given to the City Clerk to note Councilmember
Bensoussan's recommendation, and to bring that recommendation to the Council's attention
should a future appointment be necessary.
It was the consensus of the Council to bring this matter back to the Council on a future agenda
for discussion.
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ACTION ITEMS
2. COUNCIL DELIBERATION AND APPOINTMENT OF AN INTERIM CITY
COUNCILMEMBER TO SERVE DURING THE ABSENCE OF COUNCILMEMBER
MC CANN
OATH OF OFFICE FOR NEWLY APPOINTED INTERIM
COUNCILMEMBER
Mayor Cox announced that she would be voting against the appointment of an Interim
Councilmember, and that her vote would not indicate opposition to any of the applicants.
Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of the
appointment of William Hall as Interim Councilmember.
ACTION: Deputy Mayor Ramirez moved to appoint Mitchell Thompson as Interim City
Councilmember. Councilmember Castaneda seconded the motion, and it carried
3-1, with Mayor Cox voting no.
City Clerk Norris administered the oath of office to Mitchell Thompson.
At 2:20 p.m., Mayor Cox recessed the meeting. At 2:35 p.m., the City Council meeting
reconvened with Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox
present.
3. INTERVIEWS AND APPOINTMENT OF PORT COMMISSIONER FOR THE TERM
ENDING JANUARY 2, 2011
The following members of the public spoke in support of the appointment of Steve Padilla as
Port Commissioner:
Assemblymember Mary Salas, Chula Vista resident
Brenda Leczinski, Chula Vista resident
Carmen Spurling, representing Congressman Bob Filner
Kazen Castillo-Leyba, Chula Vista resident
Shazon Floyd, Chula Vista resident
William Hall, Chula Vista resident
The following members of the public spoke in support of the appointment of Ann Moore as Port
Commissioner:
Earl Jentz, Chula Vista resident
Peter Watry, Chula Vista resident
The Council interviewed applicants Stephen Padilla and Yuri Calderon.
Page 2 -Council minutes September 29, 2009
INTERVIEWS (Continued)
At 4:06 p.m., Mayor Cox recessed the meeting, and announced that the Council would interview
Ann Moore following the recess. At: 4:19 p.m., the City Council meeting reconvened with
Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox present.
The Council then interviewed applicant Ann Moore.
ACTION: Mayor Cox moved to appoint Ann Moore as Port Commissioner. Councilmember
Castaneda seconded the motion.
ACTION: Councilmember Bensoussan made a substitute motion to appoint Steve Padilla as
Port Commissioner. Councilmember Thompson seconded the motion, and it
carried 3-2, with Councilmember Castaneda and Mayor Cox voting no.
OTHER BUSINESS
COUNCILMEMBER COMMENTS
Councilmember Castaneda:
Consideration of sending a letter to the State Water Resources Control Boazd
regarding Dynegy's water discharge permit at South Bay Power Plant
Laura Hunter, representing the Environmental Health Coalition, spoke in favor of sending the
letter to the State Water Resources Control Board, and stated that Tam Doduo, Member of the
State Water Resources Board, would be in Chula Vista on October 7 to see the South Bay Power
Plant, and requested that the City Councilmembers or the Energy Subcommittee meet with Ms.
Doduc while she was in town.
Mayor Cox suggested typographical corrections be made to the letter and that a line be added for
Interim Councilmember Thompson's signature.
Councilmember Bensoussan suggested additional amendments to the wording of the letter.
Mayor Cox asked that each member sign the amended letter the next day.
Councilmember Thompson authorized the secretary of the Mayor and Council office to apply his
electronic signature to the letter.
ACTION: The Council voted 5-0 to send the letter as amended to the State Water Resources
Control Board regarding Dynegy's water discharge permit at South Bay Power
Plant.
At 5:29 p.m., Mayor Cox adjourned the meeting to the next Regulaz Council Meeting on October
6, 2009 at 4:00 p.m. in the Council Chambers.
~~,~.~~
Donna Norris, CMC, City Clerk
Page 3 -Council minutes September 29, 2009