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HomeMy WebLinkAboutcc min 2009/07/21MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 21, 2009 4:00 p.m. A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Counci] Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Bensoussan, Castaneda (amved at 5:20 p.m.) Ramirez, and Mayor Cox ABSENT: McCann (Military Leave) ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE Youth Action Council Members: Elvia Valeria Vera, Felipe Cardenas, Alicia Cortez, Alexander Salomon, Meagan Nolan, Kathleen Hoskins, Ashley Foz, Haley Alderete, Trey Johnson, Michael Jimenez and Maximiliano Gastelum City Clerk Norris administered the oath of office to Elvia, Felipe, Alexander, Meagan, Kathleen, Ashley, Trey, Michael and Maximiliano, and Councilmember Bensoussan presented each with a certificate of appointment. • PRESENTATION OF A PROCLAMATION TO JOSEPH MARIANO AND JOANNE STOUT, RECREATION SUPERVISORS, PROCLAIMING JULY AS PARKS AND RECREATION MONTH IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Joseph Mariano and Joanne Stout. • OATH OF OFFICE TO FIRE DEPARTMENT PREVENTION STAFF, ADMINISTERED BY FIRE CHIEF DAVE HANNEMAN, RECOGNIZING STAFF'S PEACE OFFICER STATUS AND NEW MEMBERSHIP IN LOCAL 2180 IAFF LABOR UNION Chief Hanneman administered the oath of office to Gary Edmonds, Samuel Escalante, Fernando Felix, Kazen Foster, Richazd Gari, Justin Gipson, Dazin Golden, and Amy Swift. SPECIAL ORDERS (Continued) • PRESENTATION OF A PROCLAMATION TO MARGARET SCOTT-BLAIR, OWNER OF THE FRAME GALLERY, COMMENDING THE FRAME GALLERY'S 50TH ANNIVERSARY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mazgazet Scott-Blair and her daughter, Jan Cano. CONSENT CALENDAR (Items 1-8) Mayor Cox announced that Item 6 was pulled from the agenda by staff, and Item 8 was tabled, pending Councilmember Castaneda's amval. 1. APPROVAL OF MINUTES of the meetings of March 24 and Apri12, 2009. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3132 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04, SECTION 15.04.225, AND CHAPTER 18.16, SECTION 18.16.310, OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) The City's Municipal Code requires retention of surety bonds associated with land development projects until all work has been completed and a notice of completion is filed with the County Recorder. Adoption of the ordinance allows the Director of Public Works to reduce grading, landscape and imgation and faithful performance bonds up to 75% of the original bond amount if the work is deemed substantially complete. This ordinance was introduced July 14, 2009. (Director of Public Works Operations) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3133 OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-09-009, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C, CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "C" STREET (SECOND READING AND ADOPTION) Page 2 -Council Minutes July 21, 2009 CONSENT CALENDAR (Continued) Adoption of the ordinance rezones a 9.9-acre site to add a precise plan modifying district to the existing C-C zoning designation along with a precise plan to allow exceptions to the parking standards and sign provisions of the underlying zone. This would allow the site to be redeveloped with a more contemporary building and site design, thereby implementing the goals and policies of the General Plan, including enhanced "gateway" project design and sustainable development practices. The site currently contains an existing 119,403 square foot Tazget store and two smaller buildings. All three buildings will be razed and the site completely re-graded in order to redevelop the site for a new 138,144 square foot Tazget retail building and ancillary improvements. This ordinance was introduced July 14, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20.04 OF THE CHULA VISTA MUNICIPAL CODE BY REVISING SECTIONS 20.04.010, 20.04.025 AND 20.04.030, AND ADDING SECTION 20.04.040 (FIRST READING) Adoption of the ordinance establishes the policy framework for the City's new solaz pre- wiring and pre-plumbing requirements in Chula Vista Municipal Code's "Energy Conservation" section (Chapter 20) and align the policy with the technical requirements previously adopted by City Council in January 2009. The proposed code revisions also provide clarification to the Chapter's purpose and terminology. (Director of Conservation & Environmental Services) Staff recommendation: Council place the ordinance on first reading. RESOLUTION NO. 2009-178 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A CLIMATE SHOWCASE COMMUNITIES GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR $471,000, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE GRANT FUNDS In response to the Environmental Protection Agency Climate Showcase Communities grant solicitation, staff prepazed a $471,000 proposal to retrofit two neighborhood areas to serve as a living showcase for "Carbon-Light Communities." Specifically, Chula Vista will select approximately 50 existing homes to upgrade with energy efficiency, water conservation and renewable energy improvements. The "Carbon-Light" neighborhoods will serve as a social mazketing tool for the City's broader Home Upgrade, Carbon Downgrade program that is designed to provide streamlined contracting, permitting and property-secured financing for cazbon-saving retrofits at over 2,000 homes over the next 3 years. (Director of Conservation & Environmental Services) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes Jaly 21, 2009 CONSENT CALENDAR (Continued) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH TRUGREEN LANDCARE Due to current budget constraints, the Public Works Department is scheduled to terminate or suspend ongoing maintenance contracts for fiscal year 2009/2010. This action would result in the need to perform necessary maintenance with existing City Pazks staff. A current contractor, TruGreen LandCaze, has offered to continue their services to the City at no cost in exchange for a staging location from which they can service their local contract. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-179 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A 33-FOOT WIDE ALLEY LOCATED BETWEEN BLOCKS 17 AND 18 OF MAP NO. 598 AND DIRECTING THE CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY RECORDER The owner of the property described as Blocks 17 and 18 of Map No. 598, located at 1720 Fourth Avenue and 116 Seventh Street, respectively, has requested to the City to vacate the portion of the 33-foot wide alley located between the two lots that has not been used, or maintained by the City for more than five yeazs. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 8. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staff s recommendations and offered the balance of the Consent Calendar, Items 1 through 5 and Item 7, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 3-0, with Deputy Mayor McCann and Councilmember Castaneda absent. ITEMS REMOVED FROM THE CONSENT CALENDAR Item 8 was removed from the Consent Calendaz and heard after the 4:50 p.m. recess. PUBLIC COMMENTS Glen Googins, Chula Vista resident, representing Third Avenue Village Association, announced the 13a' Annual Lemon Festival to be held August 9, 2009. Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association, displayed a video of a neighborhood in the southwest azea of Chula Vista, and stated that there were a number of unresolved issues in the azea, including poor drainage, the need for traffic signs, and odors from the sewer. Page 4 -Council Minutes July 21, 2009 PUBLIC COMMENTS (Continued) Ruth Yaconelli, Chula Vista resident, displayed a video of alleys in the southwest area of Chula Vista. She reported illegal dumping in the area, and requested assistance with clean-up and signage to deter people from leaving trash in the alley. Mayor Cox referred the matter to staff. Ted Kennedy, Chula Vista resident, asked the Council to consider appointing him as Interim City Councilmember during Deputy Mayor McCann's absence. PUBLIC HEARINGS 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING ATHREE- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, RECON (CONSULTANT), AND OTAY LAND COMPANY LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UNIVERSITY VILLAGES GENERAL PLAN AMENDMENT, AND OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicants have filed General Plan amendment and General Development Plan amendment applications for the University Villages Project. The Environmental Review Coordinator has determined that the proposed project requires the prepazation of an Environmental Impact Report (EIR). The item before the City Council is a request for the City Council to approve the proposed contract with RECON for an amount not to exceed $394,744 to provide consultant services for the preparation of the CEQA required environmental documents for the proposed project and an additional $98,686 for additional services should they be necessary. (Deputy City Manager/Development Services Director) Staff recommendation: Council continue the public heazing to the meeting of August 4, 2009. Notice of the hearing was given in accordance with legal requirements, and the hearing was continued to August 4, 2009. Items I 1 B and 11 C were taken out of order. 11 B. Consideration of ratification of reappointments to the following boards and commissions: FIRST TERM RE-APPOINTMENTS: Cultural Arts Commission Boazd of Ethics Growth Management Oversight Commission Growth Management Oversight Commission Housing Advisory Commission Planning Commission Resource Conservation Commission Erica Fessia Anthony Jemison Eric Sutton James Doud Mauricio Torre Mitchell Thompson Sassan Rahimzadeh Page 5 -Council Minutes July 21, 2009 MAYOR'S REPORTS (Items 11B and 11C, continued) SECOND TERM RE-APPOINTMENTS: Commission on Aging Boazd of Appeals & Advisors Boazd of Appeals & Advisors Charter Review Commission Charter Review Commission Child Care Commission Civil Service Commission Cultural Arts Commission Design Review Board Design Review Boazd Housing Advisory Commission International Friendship Commission International Friendship Commission Nature Center Boazd of Trustees Planning Commission Resource Conservation Commission EX-OFFICIO MEMBER RE-APPOINTMENTS: Mobilehome Rent Review Commission Mobilehome Rent Review Commission Ann Perry Ben West Jan Buddingh, Jr. Ron Kelley Egbert Oostberg Jeanne Highhouse David Maruffo Ron Bolles David Bringas Yolanda Calvo Armida Martin Del Campo Aya Ibarra Rita Legaspi Bazbaza Main Michael Spethman Georgie Stillman Edmond La Pierre Steve Epsten YOUTH ACTION COUNCIL RE-APPOINTMENTS - 2009/2010: Maziana DeSazacho, Chula Vista High Kate Googins, Our Lady of Peace Matt Hoffman, High Tech High Astrid (Rosemary) Lamprecht, Bonita Vista High Alan (Miles) Mellor, Eastlake High David Gazza, Bonita High ACTION: Mayor Cox moved to approve the re-appointments. Councilmember Ramirez seconded the motion, and it carried 3-0, with Deputy Mayor McCann and Councilmember Castaneda absent. 11 C. Ratification of appointment of Mauricio Lopez, Mater Dei High, to the Youth Action Council for the 2009/2010 school year. ACTION: Councilmember Ramirez moved to approve the appointment. Mayor Cox seconded the motion, and it carried 3-0, with Deputy Mayor McCann and Councilmember Castaneda absent. Page 6 -Council Minutes July 21, 2009 OTHER BUSINESS 10. CITY MANAGER'S REPORTS Mayor Cox stated that she had participated in the State's budget summit, and noted that the State proposed to take funds from local government in order to balance its budget. City Manager Sandoval explained the potential impact to the City should the State's proposals be implemented. He commented on the need for local government to notify the legislators that the state takeaway was unacceptable. He further stated that more information would be provided in the next week, followed by proposed measures to address the impacts, should the legislature take the proposed action. City Manager Sandoval announced that the Police Department had been awazded grant funds for reducing the border-related drug problems; and that the Redevelopment and Housing division had received a grant for $820,000 for re-housing. City Manager Sandoval stated that the July 28, 2009 regulaz Council Meeting was cancelled due to lack of agenda items. I1. MAYOR'S REPORTS 11 A. Consideration of options of appointment for interim City Councilmember Item 1 I A was heazd after the 6:43 p.m. recess. 11 B. Consideration of reappointments to boards and commissions. Item 11 B was taken out of order and heard prior to Item 10. 11 C. Ratification of appointment of Mauricio Lopez, Mater Dei High, to the Youth Action Council for the 2009/2010 school year. Item 11 C was taken out of order and heard prior to Item 10. Mayor Cox stated that she and Police Chief Emerson had met with agents from the Drug Enforcement Agency, and noted that a team would be formed toward the fight against drugs. Mayor Cox encouraged customers to call Allied Waste to pick up lazge items, and noted that if the call was placed ahead of the customer's regular pick up date, free pick up of lazge items could be scheduled. Mayor Cox announced volunteers were needed for the upcoming Beautify Chula Vista event, to be held on October 17, 2009. She also announced that the Chula Vista Animal Shelter was looking for volunteers to foster cats and kittens. She then announced the Rohr to Goodrich, Then to Now event, to beheld on 8/2/09. Mayor Cox stated that Sempra Energy had donated $125,000 to the Nature Center. She stated that July was membership month, and encouraged all to become members of the Nature Center. Page 7 -Council Minutes July 21, 2009 OTHER BUSINESS (Continued) 12. COUNCILMEMBERS' COMMENTS Councilmember Ramirez had no comments. Councilmember Bensoussan had no comments. Mayor Cox announced that Items 8 and 11 A would be considered after Councilmember Castaneda's arrival. At 4:50 p.m., Mayor Cox recessed the meeting to convene in closed session. Councilmember Castaneda arrived at 5:20 p.m. At 5:34 p.m., the meeting reconvened in open session, with Councilmembers Bensoussan, Castaneda, and Ramirez, and Mayor Cox present. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. URGENCY ORDINANCE NO. 3134-A OF THE CITY OF CHULA VISTA PLACING A MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF CHULA VISTA (4/STHS VOTE REQUIRED) The interim urgency ordinance bans medical mazijuana dispensaries while the City studies whether the dispensazies expressly should be permitted, and if so permitted, the appropriate regulations for such uses, within a reasonable time. Given the time required to undertake the necessary study and planning, it is necessary that this interim urgency ordinance be immediately enacted to ensure that no medical marijuana dispensazies that may be in conflict with any state or federal law, or the City's general plan, zoning, and/or development policies are permitted in the interim. (City Attorney) Staff recommendation: Council adopt the urgency ordinance and direct staff to study the applicable legal and land use issues and develop appropriate zoning and licensing guidelines or regulations governing such uses, and/or prohibition of such uses if that is authorized by law and desired by the Council. City Attorney Miesfeld provided an explanation of federal and state laws that regulate marijuana. He noted that a lawsuit had been brought against the City of Anaheim for denying licenses for medical marijuana dispensazies, and that the City had prevailed. He further noted that an appeal had been filed and was pending. Mr. Miesfeld stated that there were currently no regulations related to medical marijuana dispensaries in the City of Chula Vista, and that the City had received requests from two organizations to open dispensazies. City Attorney Miesfeld explained that the proposed urgency ordinance would place a stop on medical mazijuana dispensaries in the City while staff evaluated the issue. Page 8 -Council Minutes July 21, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (Item 8, Continued) The following members of the public spoke in opposition to the proposed urgency ordinance Mike Neill, Chula Vista resident Spencer Vogel, Chula Vista resident Adam Meehan, Chula Vista resident Daniel Green, Chula Vista resident, representing CV Cooperative Dustin Vogel, Chula Vista resident, representing CV Cooperative Del Vogel, Chula Vista resident Wendy Christalles, Lakeside resident James Warner, San Diego resident, representing CV Cooperative Warren Carter, Chula Vista resident The following members of the public spoke in favor of the proposed urgency ordinance: Kathy Lippitt, San Diego resident Tyler Gordon, San Diego resident, recommended the permanent ban of marijuana dispensaries in the City. Willard Howard, Chula Vista resident Councilmember Castaneda stated that the City had a duty to uphold the voters' decision from 1996, but noted that there was a need to balance the needs of the medical marijuana patients with the need for safe neighborhoods. Discussion ensued among Councilmembers regarding the need for additional information in order to make a decision on whether to allow medical marijuana dispensaries to operate in the City. Councilmember Bensoussan requested that when staff returned to the Council with the final recommendation, the following information be provided related to the operation of medical mazijuana dispensaries: 1) Existing guidelines from the Attorney General; 2) Methods cities could use to regulate and provide oversight; 3) Locations of existing dispensazies in San Diego; 4) Regulations for on-site consumption and distances between such establishments; 5) Input from the Police Chief; 6) Statistics on existing mazijuana businesses; 7) Conditions used by the State for issuing seller's permits; and 8) Process used by the State for collecting sales tax revenue from such businesses. Mayor Cox stated that there was a need to establish regulations prior to making a decision to allow medical marijuana dispensaries. She further stated that should the Council decide to allow these establishments, she was opposed to allowing them neaz schools or child caze centers. She referred to the 1996 State ballot measure regarding medical mazijuana, and noted that California voters approved Proposition 215 by a vote of 52.1%; but that in Chula Vista, 46% of the voters were in support, and 54% were opposed. Councilmember Ramirez requested a legal analysis about the City's obligations under the law in providing access and space for this use. Page 9 -Council Minutes Joly 21, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (Item 8, Continued) ACTION: Councilmember Castaneda moved to adopt the urgency ordinance establishing a 45-day moratorium and concurrently, to have staff work with Mr. Vogel and Mr. Green to understand how they intended to operate their business, and if it was in accordance with what the Council wanted to see, to consider issuance of a business license. Councilmember Ramirez seconded the motion and it carried 4-0. At 6:43 p.m., Mayor Cox recessed the meeting. At 7:10 p.m., the meeting reconvened with Councilmembers Bensoussan, Castaneda, and Ramirez, and Mayor Cox present. 11 A. MAYOR'S REPORTS: Consideration of options of appointment for interim City Councilmember. Mayor Cox stated that Deputy Mayor McCann had informed her that his military deployment to Iraq would begin on July 21, 2009. She further stated that at the Council meeting of July 14, 2009, City Attorney Miesfeld stated he would provide information to the Council on its options for appointing an interim Councilmember, and as such the Council could: 1) Formally accept Deputy Mayor McCann's notice regazding his deployment; 2) Find that the California Military and Veterans Code 395.8 provides that Deputy Mayor McCann has a legal right to return to his seat on the Chula Vista City Council upon completing his military duty; 3) Discuss options regarding a replacement Councilmember for the duration of Deputy Mayor McCann's prolonged absence from the City Council. ACTION: Mayor Cox moved to approve acceptance of Deputy Mayor McCann's notice regazding his military deployment to Iraq, beginning July 21, 2009. Councilmember Castaneda seconded the motion and it carried 4-0. ACTION: Mayor Cox moved that the City Council find that the California Militazy and Veterans Code, Section 395.8 provides that Mr. McCann has a legal right to return to his seat on the Chula Vista City Council, upon completing his military duty. Councilmember Castaneda seconded the motion and it carried 4-0. City Attorney Miesfeld stated that he had provided the Council with a legal analysis as to whether the Council had authority, and if so, what process the Council needed to follow for an appointment of a temporary replacement while Deputy Mayor McCann was completing his prolonged military duty. He stated that the legal analysis showed that the City Charter had no provisions regazding temporary replacements for a Council seat that was not considered vacant, and that the Military and Veterans Code specifically stated that the seat would not be considered vacant. He opined that the Council had the authority to leave the seat open until Deputy Mayor McCann's return, or to appoint a temporary replacement. He stated that if the Council decided to appoint a temporary replacement, the process used to make that appointment would be the Council's decision. Larry Breitfelder, Chula Vista resident, stated that an interim appointment would give that person an undemocratic advantage for the seat at the next election. He then commended the Council for its anticipated integrity with the appointment process. Page 10 - Counci] Minutes July 21, 2009 MAYOR'S REPORTS: Consideration of options of appointment for interim City Councilmember (Continued) Theresa Acerro, Chula Vista resident, spoke in favor of leaving Deputy Mayor McCann's seat open, and suggested allowing him to participate in meetings by teleconferencing, and if that wasn't allowed by the Charter, she suggested that it should be considered for the future. Pazks Pemberton, Chula Vista resident, spoke in favor of leaving Deputy Mayor McCann's seat open, and asked that the Councilmembers be present for the meetings, and refrain from recusing themselves from voting on items. Frank Zimmerly, representing the Northwest Civic Association, spoke in favor of leaving Deputy Mayor McCann's seat open. Councilmember Ramirez spoke in favor of appointing an interim replacement in order to ensure the conduct of business. He further stated that Deputy Mayor McCann should have provided notice and documentation to the Council, as would be required of City employees. He then suggested that the Council consider a policy to address the level of compensation and benefits for all City employees who aze deployed for military service. Councilmember Bensoussan stated that implementation of a policy for compensation would need to be carefully thought out. She spoke in favor of leaving the seat open. She then stated that should the Council decide on a replacement for Deputy Mayor McCann, that the person should not be a candidate for the next election. Councilmember Castaneda spoke in favor of leaving the seat open through the summer. Mayor Cox confirmed with City Attomey Miesfeld that a synopsis of his opinion on the matter would be available at the City Clerk's office. Mayor Cox spoke in support of leaving the seat open, and if the Council was unable to conduct business, to then consider appointing an interim. City Attorney Miesfeld addressed the issue of teleconferencing, and stated that in accordance with the Brown Act, the agenda would need to be posted at the location where Deputy Mayor McCann was deployed. Mayor Cox stated that Deputy Mayor McCann had stated in a memorandum that he wished to retain and continue to supervise his Council Aides remotely. She then called upon Council Aide for Deputy Mayor McCann, Brian Pepin, to further explain. Mr. Pepin explained that Deputy Mayor McCann had submitted a memorandum to the Council, stating that during his deployment, he intended to supervise his Council Aides, Brian Pepin and Jess McDevitt remotely, until an interim appointment to his seat was made. Mayor Cox expressed concern with Deputy Mayor McCann's Aides continuing in their capacity without a mechanism for supervision and signing time cards. She then noted prior Council discussions regarding the amount of funding allotted to each Councilmember for staffing. She stated that as the department head, she was willing to sign the time cards, but was concerned that that could be perceived as the Mayor having another aide. She then asked City Attorney Miesfeld to read Charter Section 304(B)(6) referring to the Mayor's duties as department head. Page 11 -Council Minutes July 21, 2009 MAYOR'S REPORTS: Consideration of options of appointment for interim City Councilmember (Continued) City Attorney Miesfeld stated that Charter section 304(B)(6) gave the Mayor the authority to supervise a Councilmember's staff in the absence of a Councilmember. Councilmember Castaneda suggested that the Mayor and Deputy Mayor McCann provide authorization for work assignments to the Council Aides. Councilmember Ramirez stated that he didn't believe conducting City business remotely would best serve the citizens of Chula Vista. He spoke in opposition to retaining Deputy Mayor McCann's staff during his absence from the City. Councilmember Bensoussan spoke in opposition to remote supervision. She also stated that she was concerned about Deputy Mayor McCann's ability to keep current with City business while fulfilling his military duties. In response to questions from Councilmember Ramirez, Mayor Cox noted that Deputy Mayor McCann's memorandum to the Council indicated an anticipated return date in 350 days, and that he would forgo receiving a salary during his absence, but requested that medical benefits be maintained. Councilmember Castaneda suggested that staff look at the process that was used during the absence of former Councilmember Patty Davis in order to have fairness and consistency, and to bring the matter back for further discussion. Council Aide Pepin stated that Deputy Mayor McCann's office would continue to serve the public and that the work was plentiful. He further stated that he would provide accountability for his service to the City. Mayor Cox stated that she would take the prerogative permitted by the City Charter to be responsible for the immediate supervision of the Council Aides financed by Deputy Mayor McCann's budget, and work with them to reach a conclusion. She further stated that her office would work with Deputy Mayor McCann's Aides to ensure that the public be notified of the Councilmember's absence in any of his correspondence. 12. COUNCILMEMBERS COMMENTS (Continued from eazlier in the meeting to hear comments from Councilmember Castaneda, who was absent at the time Councilmembers' comments were heazd.) Councilmember Castaneda spoke of his recent attendance at the recent Annual Law Enforcement Officer of the Year event, where Chula Vista Police Agent, Martin Bolger received a nomination. He recognized and thanked Agent Bolger for his service to the City. He also stated that he attended the J-Power peaker plant groundbreaking event, and noted that plants such as this would help the south county with the removal of the South Bay power plant. He then asked staff to schedule discussion about Deputy Mayor McCann's assignments for the next Council meeting. Page 12 -Council Minutes July 21, 2009 Mayor Cox noted that the Council had met in Closed Session during the 4:50 p.m. recess, and had considered Items 13 and 14, part 2. She then announced that the meeting would be adjourned in memory of Doug Reid, who served as the City's first Environmental Review Coordinator and had retired after 30 years of service to the City. In his retirement, he served as the Chair of the City's Resource Conservation Commission and as a volunteer for the Nature Center. Mr. Reid's family asked that in lieu of flowers, donations be made to the Chula Vista Nature Center. At 8:27 p.m., Mayor Cox recessed the meeting to reconvene in Closed Session to consider Item 14, part 1. CLOSED SESSION 13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 226 Garrett Avenue (568-042-1300), 286 Ash Avenue (567-052-0600), and 110 Oaklawn Avenue (565-151-2200) Negotiating Parties: City of Chula Vista -Amanda Mills Under Negotiation: Price and terms ACTION: The Council provided authorization to negotiate for multi-family properties with a vote of 3-0, with Councilmember Castaneda and Deputy Mayor McCann absent. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. Felix Espino v. City of Chula Vista, U.S. District Court, Case No. 03CV1884- DMS(BLM) ACTION: No reportable action was taken on this item. 2. South Bay Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior Court, Case No. GIC 869386. ACTION: The Council authorized entering into negotiations for a joint defense agreement and stipulation to dismiss without prejudice, with a vote of 4-Q with Deputy Mayor McCann absent. ADJOURNMENT At 8:50 p.m., Mayor Cox adjourned the meeting in memory of Doug Reid, to the Regular City Council Meeting of July 8, 2009 at 4:00 p.m. in the City Council Chambers. ~ ~~ Donna Norris, CMC, City Clerk Page 13 -Council Minutes July 21, 2009