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HomeMy WebLinkAbout2009/12/08 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 4, 2009 4:00 P.M. A Regular Meeting of the City Council and the Redevelopment Agency of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members Bensoussan, Castaneda, Ramirez, and Mayor/Chair Cox ABSENT: McCann (Military leave) ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/General Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett Mayor Cox stated that the meeting would be adjourned in memory of Gregory Alabado and Bob Tugenberg. She recognized them for their years of dedicated service to the City. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY DONNA NORRIS, CITY CLERK, OF EMPLOYEE OF THE MONTH TERl RODRIGUEZ, SENIOR OFFICE SPECIALIST City Clerk Norris introduced employee of the month, Teri Rodriguez. Mayor Cox then read the proclamation and Councilmember Castaneda presented Tcn with a proclamation. Councilmember Castaneda commented on a news announcement that the United States Postal Service would be closing a number of post offices nationwide, including the Oxford Street Post Office in Chula Vista, which offers passport application services. To that end, he suggested that the City place signage at the post office, to re-direct passport applicants to the City for passport servIces. . OATH OF OFFICE: Mauricio Lopez, Youth Action Council City Clerk Norris administered the oath of office to Mauricio Lopez, and Councilmember Ramirez presented him with a certificate of appointment. Page I - CounciVRDA Minutes August 4, 2009 /IT/ DRAFT SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION OF A PROCLAMATION TO HONOR VIRGIL W. WHITEHEAD AS CHULA VISTA'S 2009 VETERAN OF THE YEAR Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr. Whitehead. . PRESENTATION TO LIEUTENANT LON TURNER, OF A PROCLAMATION PROCLAIMING AUGUST 4, 2009 AS NATIONAL NIGHT OUT IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Council member Ramirez presented it to Lieutenant Turner. Item 13A was taken out of order. 13. MAYOR/CHAIR'S REPORTS A. Update from Port Commissioner William Hall. Commissioner Hall provided an update regarding the City's bayfront development plan. He reported that 1) the Port District, City, and Pacifica had engaged in discussions with the Bayfront Environmental Coalition to address existing environmental issues; 2) on July 7th, the Board of Port Commissioners authorized the basic framework for the land exchange agreement with Pacifica, and provided a 90-day timeframe to return to the Board with the finished agreement; 3) with respect to EIR certification, funds had been identified to accomplish the demolition and a good portion of the remediation needed for parcels H13, H14, and HIS; 4) the Port and City were evaluating two plans, and looking at the financial factors needed to support the environmental objectives for those plans; 5) Goodrich was at the table, cooperating with the Port and the City, and looking at solutions to allow for the Polanco Redevelopment Act to be implemented under RDA, which would address impacts to its operations and potential residential development on the bayfront, as well as the south campus remediation; 6) With respect to the status of the power plant, a letter was received from California ISO stating that in order to take down the power plant, the Otay Mesa Energy Center needed to come online with a 561 megawatt capacity, as well as the Sunrise Powerlink with a 1000 megawatt capacity or an additional in- basin peaker plant with capacity to offset what would be taken away from the South Bay power plant; 7) Discussions were ongoing between Dynegy and the Port regarding its lease, and a Request for Proposal was being considered to potentially take down the South Bay power plant. In terms of challenges in the coming weeks, Commissioner Hall stated there was a need to resolve alternatives and financial feasibility associated with the Harbor Park alternative versus the Sweetwater Park alternative, and to move forward with the Environmental Impact Report certification. Page 2 - Council/RDA Minutes August 4, 2009 !/r;)- DRAFT CONSENT CALENDAR (Items 1-6: Council, Item 7: Redevelopment Agency) I. APPROVAL OF MINUTES of April 7, 2009. Staffrecommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Request from Deputy Mayor McCann for an excused absence from the meeting of July 14,2009. Recommendation: Council excuse the absence. 3. ORDINANCE NO. 3136, 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 (SECOND READING AND ADOPTION) Adoption of the ordinance establishes the policy framework for the City's new solar 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. This ordinance was introduced on July 21, 2009. (Director of Conservation & Environmental Services) StatIrecommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2009-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENTS TO THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENTS ("AMENDMENTS") WITH OTA Y RANCH VILLAGE I1-PC-13, LLC, FOR THE VILLAS DE AVILA MODEL UNITS AND THE CASITAS DE AVILA MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD THE AMENDMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO On February 6, 2009, Ordinance 3120 became effective. The ordinance established the Development Impact Fee Program, which allows the development community to enter into an agreement to defer the payment of development impact fees. On May 12, 2009, by Resolution 2009-105, the Council approved two Development Impact Fee (DIF) Payment Plan Agreements with Otay Ranch Village II-PC-l3, LLC. After approval, adjustments in DIF credits and land use were not accounted for in the original calculation of fees. A recalculation of DIF fees to be deferred and amendments to the original agreements are required. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 - CouncillRDA Minutes August 4, 2009 /1}--3 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2009-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OT A Y RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND UP TO FOUR 1- YEAR EXTENSIONS TO THE AGREEMENT On May 6, 2009, a Request for Qualifications was distributed to qualified biological consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve Steward/Biologist. Upon completing a competitive bidding process, the City selected RECON Environmental Inc. (RECON) to serve as the Preserve StewardlBiologist to manage and monitor the biological resources within the Otay Ranch Preserve in accordance with the Otay Ranch Resource Management Plan. Staff has prepared a two- party agreement with RECON for this service for Council consideration. (Deputy City ManagerlDevelopment Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE OF CALIFORNIA HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDS AND EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE GRANT FUNDS The City of Chula Vista has the opportunity to apply for additional homeless prevention funds through the State of California in a collaborative partnership with South Bay Community Services and the Chula Vista Elementary School District. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-2010, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENTS TO A LOAN AGREEMENT AND AN AGREEMENT CONTAINING COVENANTS BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND PARK VILLAGE APARTMENTS, L.P. FOR PARK VILLAGE AFFORDABLE APARTMENTS In 1994, the Redevelopment Agency of the City of Chula Vista ("Agency") provided a $350,000 loan from its Low and Moderate Income Housing Set Aside fund to assist in the development of 28 very low and low-income units at Park Village Apartments developed by Park Village Apartments, L.P. Civic Center Barrio Housing Corporation ("CCBHC"), as the managing general partner, has requested an amendment of their existing loan to allow for more flexible loan terms. Staff is requesting the Agency's consideration of an amendment to the loan to lower the interest rate, extend the loan period, and extend the period of affordability. (Deputy City Manager/Development Services Director) Staff recommendation: Redevelopment Agency adopt the resolution. Page 4 - CouncillRDA Minutes August 4, 2009 ;,f-r./ DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendations and offered the Consent Calendar, Items 1-7, headings read, text waived. Councilmember Castaneda seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Myssie McCann, Chula Vista resident, spoke in support of her husband, Deputy Mayor John McCann, who was deployed to Iraq for military duty. Bob White, Chula Vista resident, spoke in support of Deputy Mayor McCann and his service to the country. Dave Dahmen, Bonita resident, spoke in support of Deputy Mayor McCann and his service to the nation Steve Eastis, Chula Vista resident, representing the Third A venue Village Association, invited everyone to attend the upcoming Lemon Festival on Sunday, August 9th. Guillermo Lopez, Chula Vista resident, wished Deputy Mayor McCann the best of luck in his military deployment. He then spoke in support of a temporary replacement for Deputy Mayor McCann during his military leave. Carlos Lopez, Chula Vista resident, wished Deputy Mayor McCann a safe return. He then spoke in support of a full Council. Councilmember Ramirez recognized the sacrifices made by both Myssie McCann and Deputy Mayor McCann, and wished Deputy Mayor McCann a safe return. Ed Herrera, Chula Vista resident, spoke about Deputy Mayor McCann's service to the nation, and of his support for financial reform in the City. PUBLIC HEARINGS 8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON TI-IE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 5 - Council/RDA Minutes August 4, 2009 /,A-5 DRAFT PUBLIC HEARINGS (Continued) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009- 183, heading read, text waived: RESOLUTION NO. 2009-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Ramirez seconded the motion, and it carried 4-0. 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Council member Ramirez moved to adopt the following Resolution No. 2009-184, heading read, text waived: RESOLUTION NO. 2009-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Castaneda seconded the motion, and it carried 4-0. 10. CONSIDERATION OF APPROVAL OF A THREE-PARTY AGREEMENT WITH RECON (CONSULTANT) AND OT A Y LAND COMPANY, LLC (APPLICANT) Page 6 - Council/RDA Minutes August 4,2009 /11- ~ DRAFT PUBLIC HEARINGS (Continued) The applicant has filed General Plan amendment and General Development Plan amendment applications for the University and Southern Otay Ranch Villages Project. The Environmental Review Coordinator has determined that the proposed project requires the preparation 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 $388,400 to provide consultant services for the preparation of the CEQA required environmental documents for the proposed project and an additional $97,100 for additional services should they be necessary. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. City Manager Sandoval noted a memorandum from staff on the dais, dated August 4, 2009, stating that both City staff and the applicant had agreed upon the removal of Section 3.3.1.1.1 from the three party agreement. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2009-185, heading read, text waived: RESOLUTION NO. 2009-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A THREE-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 AUTHORlZING THE MAYOR TO EXECUTE SAID AGREEMENT Council member Castaneda seconded the motion, and it carried 4-0. II. CONSIDERA nON OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE "PAVEMENT REHABILITATION PROGRAM (OVERLAY) FISCAL YEAR. 2007/2008 (STL335B)" PROJECT PER CITY CHARTER SECTION 1009 On July 20, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program (Overlay) FY 07/08 (STL335B)" project. The work consists of the removal and replacement of failed asphalt concrete pavement (dig-outs), AC pavement overlay, and sidewalk improvement upgrade on various street locations in the City of Chula Vista. Work on this project also includes cold milling, crack sealing, replacement of traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of work necessary for the project. The proposed action would award the contract to Southland Paving Inc., and authorize the Director of Public Works to expend all available funds to complete the pavement maintenance work. (Director of Public Works) Page 7 - Council/RDA Minutes August 4, 2009 //1-7 DRAFT PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time speci tied in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Council member Ramirez moved to adopt the following Resolution No. 2009-186, heading read, text waived: RESOLUTION NO. 2009-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM (OVERLAY) FISCAL YEAR 2007/2008 (STL335B)" PROJECT TO SOUTHLAND PAVING, INCORPORATED IN THE AMOUNT OF $1,812,152.86 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT Mayor Cox seconded the motion, and it carried 4-0. OTHER BUSINESS 12. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval stated that the State had passed its budget, and spoke about the State borrowing funds from cities in order to achieve a balanced budget. He stated that the impact to the City would be $4 million in property tax revenue, and $4 million in redevelopment funds. To that end, he stated that staff would bring forward a plan to address those impacts at the next Council meeting. With respect to the status on recruitment of a Police Chief, he stated that staff was finalizing the recruitment. He then thanked Police Chief Emerson for his 18 years of service. He stated that the national recruitment for a Library Director was on track. He spoke about the City's Street Light Assessment Program, a pilot program using different types of street lights along La Media to identify the most cost effective lighting with the least amount of energy usage. He announced that the A&E television channel would be filming an episode of the Fugitive Chronicles in the City. 13. MAYOR/CHAIR'S REPORTS A. Update from Port Commissioner Hall. This item was taken out of order and heard after Special Orders of the Day. B. Council discussion of Council Aide position/s for John McCann during his prolonged absence from the City Council. Mayor Cox stated that she had informed Deputy Mayor McCann's Aides that she would be signing the time card for one of the Aides for August 4th hours worked, but given the fact that there was no Council member present to supervise the Aides, that they would be eligible for Deputy Mayor McCann's reconsideration upon his re-instatement to the City Council. Page 8 - Council/RDA Minutes August 4, 2009 //J--f DRAFT MA YORlCHAlR'S REPORTS (Continued) C. Council consideration of Regional Committee Assignments that can be assumed by Mr. McCann's colleagues during his prolonged absence from the City Council. It was the consensus of the Council to appoint Councilmember Bensoussan as Member of the Otay Valley Regional Policy Committee and Preserve Owner Manager (POM), and to appoint Councilmember Castaneda as the POM Alternate. It was the consensus of the Council to appoint Councilmember Bensoussan as Member of the South County Economic Development Council (EDC), and Councilmember Ramirez to remain as the EDC Alternate. ACTION: Councilmember Castaneda moved to appoint Council member Ramirez as First Alternate on the SANDAG Board of Directors. Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with Councilmember Ramirez abstaining. It was the consensus of the Council to appoint Mayor Cox as Member of the Inter-Agency Water Task Force. D. Council consideration of Deputy Mayor appointment through December 2009. ACTION: Councilmember Castaneda moved to appoint Councilmember Ramirez as Deputy Mayor through December 2009. Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with Councilmember Ramirez abstaining. Mayor Cox announced the recent opening of the Concordia Church Little Lambs Pre-school; Bonita Fest, which was scheduled for September 26, 2009; and the Clcan Up Chula Vista event, scheduled for October 17, 2009. She expressed her gratitude to Goodrich Aerostructures for an ice cream social pre-centennial event, which raised $3,575 in profit, thanks to sponsorships, predominantly by Wells Fargo Bank, that would go towards publication of the City's centennial book. To that end, she invited the public to attend a September 21, 2009 meeting in the Chambers to learn more about the City's history. She thanked Council Aide Susan Johnson, Council member Bensoussan, and Constituent Services Manager Jennifer Quijano, for their work with organizing the upcoming meeting. She then announced the "Critters and Cocktails" event on August 8, 2009 at the Nature Center. 14. COUNCIL/AGENCY MEMBERS' COMMENTS Couneilmember Castaneda spoke about his recent attendance at the groundbreaking of the cruise ship terminal at the Port of San Diego. He stated that the Urban Corps recently celebrated its 20th anniversary. He recognized the one year anniversary of the passing of Terry Strauwald, and extended his continucd condolences to the Strauwald family. He announced that the Park View Little League baseball team would be participating in the western region Little League competition in San Bernardino on August 15th and 16th, with the winncrs moving on to the Little Leaguc World Series in Pennsylvania. He wished the team good luck. Page 9 - Council/RDA Minutes August 4,2009 /!J--1 DRAFT COUNCIL/AGENCY MEMBERS' COMMENTS A. Councilmember Castaneda: . Consideration of adoption of a resolution supporting the SDG&E emergency shut off plan. Councilmember Castaneda spoke of the region's susceptibility to wildfires. To that end, he commented on a proposal by SDG&E to the Public Utilities Commission (PUC) that would permit SDG&E to shut off power on overhead lines in outlying areas during certain high climatic situations and during fire season. He then introduced J.C. Thomas, Fire Preparedness Manager, representing SDG&E, who presented a plan to improve power line safety in San Diego. Fire Chief Hanneman stated that the Fire Department would support the proposed plan. Christine Moore, representing AT&T, spoke in opposition to SDG&E's proposed emergency shut off plan, stating that the plan would result in degradation of AT&T service to the community, and would also reduce communications for first responders and emergency response teams. Ileana Ovalle, San Diego resident, representing Cox Communications, spoke in opposition to SDG&E's proposed plan, stating that such action would compromise consumer access to the internet, television, and telephones. She referenced a letter submitted by Cox Communications to the Council, dated August 3, 2009, indicating its opposition to the proposed plan. Mayor Cox asked for clarification on why the City should take a position on this issue, given that the decision lies with the Public Utilities Commission. Council member Castaneda commented that the proposed plan had been supported by the City of San Diego and other agencies, and he asked for Council consideration to heed the words of the Fire Chief. Councilmember Castaneda requested an amendment to the proposed resolution to include a liability waiver. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009- 187, as amended, heading read, text waived: RESOLUTION NO. 2009-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPRESSING ITS SUPPORT FOR SAN DIEGO GAS & ELECTRIC'S EMERGENCY POWER SHUT-OFF PLAN AND ENCOURAGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO APPROVE THE PLAN FOR THE SAFETY OF THE CITIZENS OF CHULA VISTA Councilmember Ramirez seconded the motion, and it carried 3-1 with Mayor Cox voting no. Page 10 - CouncillRDA Minutes August 4, 2009 ,If-/' 0 DRAFT COUNCIL/AGENCY MEMBERS' COMMENTS (Continued) B. Councilmember Ramirez: . Consideration of sending letters to the San Diego Unified Port District, California Indepcndent Systems Operator (CAISO), and California Regional Water Quality Control Board, to convey the Council's unified position regarding the removal of the South Bay power plant. Councilmember Ramirez stated that he had submitted letters to the Energy Subcommittee for its consideration when taking further action on the removal of the South Bay power plant. Council member Ramirez then spoke of his recent tour of the South Chula Vista Library and Literacy Center, currently unoccupied, and he suggested that staff look at the possibilities for use of the facility by non-profit organizations. He announced his upcoming Public Office I-lours meeting On August 10, 2009 in eastern Chula Vista. C. Councilmember Bensoussan: · Energy Subcommittee report and recommendations Councilmember Bensoussan gave a brief report on the recent Energy Subcommittee meeting that included a presentation by staff on increased energy efficiency standards, followed by recommendations by the Subcommittee that would be brought forward to the Council. Also presented at the meeting was a status briefing on replacement projects in response to SDG&E's Request for Offers for peaking plants that would expire at the end of August. Laura Hunter, representing Environmental Health Coalition (EHC), spoke in support of the Council sending the letters to the Independent System Operator (ISO) and the Regional Water Board. She commented that EHC was encouraging the Port to create a sustainable energy plan with its neighbors and tenants with respect to alleviating the demand on the grid with the placement of shore power. Jose Preciado, Chula Vista resident, spoke in support of removing the peaker power plant for the purposes of social and environmental justice. It was the eonsensus of the Council to issue letters to the California Regional Control Board and ISO to oppose the renewal of the water quality permit and removal of the run-must-run status. Mayor Cox suggested enlisting the assistance of colleagues in National City, Imperial Beach, and Coronado, to oppose the extension of the water permit. Councilmember Bensoussan announced the upeoming Trolley Dances event the last weekend of September and first weekend in October, stating that Chula Vista trolley sites had been selected for this year's performances. Page 11 - Council/RDA Minutes August 4, 2009 I/l-- / / DRAFT COUNCIL/AGENCY MEMBERS' COMMENTS (Continued) C. Councilmember Bensoussan (continued): . Consideration of interim councilmember appointment policy Council member Bensoussan proposed a process for appointment of an interim councilmember that would duplicate that of the process used for selection of Port Commissioner. Camille Cowlishaw, Chula Vista resident, suggested following the example of the City of Sunnyvale for selection of an interim councilmember. Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, suggested the appointment process be conducted in line with the Sunnyvale solution. He then presented an audio recording by Congressman Bob Filner in support of appointing the runner-up from the last election as an interim councilmember. Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association spoke in support of appointing the runner-up from the last election as an interim councilmember, and suggested looking at the Sunnyvale model as an example. Jose Preciado, Chula Vista resident, suggested using a serious and established process such as the Port Commissioner, Planning Commissioner, or CVRC Board Member replacement process for the interim councilmember appointment. Gary Tilman, Chula Vista resident, representing the Chula Vista Civic Association, recommended using the Sunnyvale plan as an option to fill the interim councilmember position. David Walden, Chula Vista resident, suggested leaving the seat vacant, unless there were specific rules set in the City Charter for the interim appointment process. He further suggested that should there be an appointment, that the person be like minded to Deputy Mayor McCann. Michael McSweeney, San Diego resident, suggested appointing the highest vote-getter in the last election. Misty Tienken, Chula Vista resident, spoke In support of the Sunnyvale solution for the appointment of an interim councilmember. Myssie McCann, Chula Vista resident, stated that Councilmember McCann would be submitting a letter with recommendations for his interim replacement. Chris Altbaum, Chula Vista resident, spoke in support of the Sunnyvale solution to fill the interim councilmember position. Chuck Schrader, Chula Vista resident, suggested that the seat remain vacant until Deputy Mayor McCann's return, which would result in a budget savings for the City. Page 12 - CouncillRDA Minutes August 4, 2009 //1--/.2., DRAFT COUNCIL/AGENCY MEMBERS' COMMENTS (Continued) Mayor Cox asked City Attorney Miesfeld to review his analysis of what the City Charter allowed the Council to do. City Attorney Miesfeld stated that the Charter did not specifically address military leave, but it did have general granting powers which allowed the City Council to do things like appointing an interim councilmcmber in this situation. The options would be to leave the seat vacant, or appoint an interim councilmember. Mayor Cox commented that the good government solution would be to go with the next highest vote getter. ACTION: ACTION: ACTION: Mayor Cox moved to appoint the next highest vote-getter from the last election. The motion died for lack of a second. Couneilmember Bensoussan moved to define the process as replicating the Port Commissioner appointment process, and to initiate that process. Councilmember Ramirez seconded the motion. Council member Castaneda offered a friendly amendment to bifurcate the motion. Councilmembers Bensoussan and Ramirez accepted the amendment. City Attorney Miesfeld clarified that the motion by Councilmember Bensoussan was to replicate and initiate the process, and the motion by Councilmember Castaneda was to vote on the appointment process, that it be a replication of the Port Commissioner procedure; then a separate vote on whether that process should be initiated. ACTION: ACTION: The motion to replicate thc Port Commissioner appointment process to till Deputy Mayor McCann's seat during his military assignment carried 4-0. The motion to initiate the process carried 3-1, with Council member Castaneda voting no. Councilmember Bensoussan moved to open the interim councilmember application process for the period of August 7, 2009 through August 31, 2009, and setting a date for interviews in September. Couneilmember Ramirez seconded the motion, and it carried 4-0. Mayor Cox recessed the meeting to convene in Closed Session at 7:23 p.m. Page l3 - Council/RDA Minutes August 4, 2009 A-/3 DRAFT CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three Cases No reportable action was taken. 16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: APN 644-090-04-00 City Negotiators: Scott Tulloch, Michael Meacham Negotiating Parties: City ofChula Vista, Apex Power Group, LLC, and J-Power Development Co., Ltd. Under Negotiation: Price and terms. No reportable action was taken. ADJOURNMENT At 8:25 p.m., Mayor Cox adjourned the meeting in memory of Greg Alabado and Bob Tugenberg, to an Adjourned Regular Meeting on August 6, 2009 at 4:00 p.m., immediately following the Joint RDNCVRC workshop, and thence to the Regular Meeting of August 11, 2009 at 4:00 P.M. in the Council Chambers. The Redevelopment Agency meeting was adjourned to a workshop on August 6, 2009 at 4:00 p.m., and thence to its next Regular Meeting. Lorraine Bennett, CMC, Deputy City Clerk Page 14 - Council/RDA Minutes August 4, 2009 /If- / r/ DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 6, 2009 An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 8:47 p.m., immediately following the Joint Redevelopment Ageney/Chula Vista Redevelopment Corporation Workshop in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Ramirez, and Mayor Cox ABSENT: Castaneda and McCann (Military Leave) ALSO PRESENT: City Manager Sandoval, Deputy City Attorncy Miller, City Clerk Norris, and Deputy City Clerk Bennett PUBLIC COMMENTS There were none. OTHER BUSINESS 1. MAYOR'S REPORTS Consideration of ratification of the following reappointments to the Chula Vista Redevelopment Corporation: Paul Desrochers Rafael Munoz Doug Paul Salvador Salas, Jr. ACTION: Mayor Cox moved to re-appoint Directors Desrochers, Munoz, Paul, and Salas to the Chula Vista Redevelopment Corporation. Councilmember Ramirez seconded the motion and it carried 3-0. ADJOURNMENT At 8:48 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of August 11, 2009 at 4:00 p.m. ~ ~ --Lorraine Bennett, CMC, Deputy City Clerk Page I - Council Minutes August 6, 2009 /6-1