HomeMy WebLinkAboutrda min 2009/08/04 CCMINUTES 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 TERI RODRIGUEZ, SENIOR OFFICE SPECIALIST
City Clerk Norris introduced employee of the month, Teri Rodriguez. Mayor Cox then read the
proclamation and Councilmember Castaneda presented Teri 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 1 -Council/RDA Minutes August 4, 2009
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 Councilmember 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 Boazd 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 H15; 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 regazding 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 Hazbor Pazk alternative versus
the Sweetwater Park alternative, and to move forwazd with the Environmental Impact Report
certification.
Page 2 - CounciVRDA Minutes August 4, 2009
CONSENT CALENDAR
(Items 1-6: Council, Item 7: Redevelopment Agency)
APPROVAL OF MINUTES of Apri17, 2009.
Staff recommendation: 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)
Staff recommendation: 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 OTAY RANCH VILLAGE II-PC-]3, 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-13, 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 -Council/RDA Minutes August 4, 2009
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2009-181, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING ATWO-PARTY AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE
AS THE OTAY 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
Stewazd/Biologist. Upon completing a competitive bidding process, the City selected
RECON Environmental Ina (RECON) to serve as the Preserve StewazdBiologist to
manage and monitor the biological resources within the Otay Ranch Preserve in
accordance with the Otay Ranch Resource Management Plan. Staff has prepazed a two-
party agreement with RECON for this service for Council consideration. (Deputy City
Manager/Development 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.
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 Bazrio 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 - Council/RDA Minutes August 4, 2009
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staff's 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 Avenue Village Association, invited
everyone to attend the upcoming Lemon Festival on Sunday, August 9ei.
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 THE
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
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: Councilmember 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 OTAY LAND COMPANY, LLC (APPLICANT)
Page 6 -Council/RDA Minutes August 4, 2009
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 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
Councilmember Castaneda seconded the motion, and it carried 4-0.
11. CONSIDERATION 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 necessazy for the project. The proposed action would
awazd 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
PUBLIC HEARINGS (Continued)
Notice of the heazing was given in accordance with legal requirements, and the heazing 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: Councilmember 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 VISTA 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/EXECUTIVEbIRECTOR'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 positions 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 cazd for one of the Aides for August 4th hours worked, but given the fact that
there was no Councilmember 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 - CounciVRDA Minutes August 4, 2009
MAYOR/CHAIR'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 Councilmember 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 Clean 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,
Councilmember 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
Councilmember 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 anniversazy of the passing of Terry Strauwald, and
extended his continued 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 winners moving on to the
Little League World Series in Pennsylvania. He wished the team good luck.
Page 9 -Council/RDA Minutes August 4, 2009
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 azeas during certain high climatic
situations and during fire season. He then introduced J.C. Thomas, Fire Prepazedness 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.
Councilmember 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 -Council/RDA Minutes August 4, 2009
COUNCIL/AGENCY MEMBERS' COMMENTS (Continued)
B. Councilmember Ramirez:
• Consideration of sending letters to the San Diego Unified Port District, California
Independent Systems Operator (CAISO), and California Regional Water Quality
Control Boazd, to convey the Council's unified position regazding 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.
Councilmember Ramirez then spoke of his recent tour of the South Chula Vista Librazy 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 Hours
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 pecker power plant for the
purposes of social and environmental justice.
It was the consensus 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 upcoming 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 - CounciVRDA Minutes August 4, 2009
COUNCIL/AGENCY MEMBERS' COMMENTS (Continued)
C. Councilmember Bensoussan (continued):
Consideration of interim Councilmember appointment policy
Councilmember 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 -Council/RDA Minutes August 4, 2009
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 Councilmember 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: Mayor Cox moved to appoint the next highest vote-getter from the last election.
The motion died for lack of a second.
ACTION: Councilmember Bensoussan moved to define the process as replicating the Port
Commissioner appointment process, and to initiate that process. Councilmember
Ramirez seconded the motion.
ACTION: Councilmember 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 sepazate
vote on whether that process should be initiated.
ACTION: The motion to replicate the Port Commissioner appointment process to fill Deputy
Mayor McCann's seat during his military assignment carried 4-0.
The motion to initiate the process carried 3-1, with Councilmember Castaneda
voting no.
ACTION: 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. Councilmember 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 13 -Council/RDA Minutes August 4, 2009
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 of Chula 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 adjoumed 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 RDA/CVRC 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.
~,-~~-
Lo~nnett, CMC, Deputy City Clerk
Page 14 -Council/RDA Minutes August 4, 2009