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HomeMy WebLinkAbout2010/02/09 Item 1 DRAFT , MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 20, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California. ROLL CALL PRESENT: Council members Bensoussan, Castaneda, Ramirez (arrived at 4:09 p.m.), Thompson, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Thompson led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY . Mayor Cox announced that the City had recently received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada. City Manager Sandoval then presented the award to City Treasurer Maria Kachadoorian, who accepted it on behalf of the Finance department. OATH OF OFFICE: Sandra Villegas-Zuniga, Civil Service Cornrnission City Clerk Norris administered the oath of office to Ms. Villegas-Zuniga, and Councilmember Bensoussan presented her with a certificate of appointment. PRESENTATION OF A PROCLAMATION TO SANDRA BAULER, SAFETY EDUCATOR AND SPOKESPERSON, DRIVEN2DARE, INC., PROCLAIMING OCTOBER 18, 2009 THROUGH OCTOBER 24, 2009 AS NATIONAL TEEN DRIVER SAFETY WEEK IN CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Bauler. PRESENTATION OF A "CLIMATE ACTION LEADER" AWARD FROM THE CALIFORt'\JIA CLIMATE ACTION REGISTRY TO THE CITY OF CHULA VISTA FOR ITS SUCCESSFUL REPORTING AND VERIFICATION OF THE CITY'S 2008 GREENHOUSE GAS EMISSIONS Jennifer Kaminski, representing the California Climate Action Registry, presented an award to the City for being a Climate Action leader, and Councilmember Bensoussan and Deputy Mayor Ramirez accepted the award on behalf of the City. Page 1 - Council Nlinutes 1-1 October 20,2009 DRAFT SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY THE SAN DIEGO FOUNDATION ON ITS FOCUS 2050 STUDY, WHICH IS THE FIRST COMPREHENSIVE REGIONAL ASSESSMENT OF CLIMATE CHANGE IMP ACTS TO SAN DIEGO COUNTY Emily Young, representing the San Diego Foundation, gave a presentation about climate change and its impacts on the region. She provided projections regarding the future rise in sea level and potential water shortages, and stated there was a need to plan for those impacts. CONSENT CALENDAR (Items 1-9) 1. APPROV AL OF MINUTES ofJune 16,2009 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Eric Mosolgo, Resource Conservation Commission Staff recommendation: Council accept the resignation. 3. ORDINANCE NO. 3144, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF CBAG ACCOUNTING TECHNICIAN (4/5THS VOTE REQUIRED) (SECOND READING AND ADOPTION) The California Border Alliance Group (CBAG) requested the addition of one new position, CBAG Accounting Technician. The Police Department requests the new CBAG position be added to the unclassified service. Chula Vista City Charter section 500 requires all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. The ordinance was introduced October 6, 2009. (Police Chief) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2009-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PROJECT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT OF AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES Page 2 - Council Minutes 1-2 October 20, 2009 DRAFT CONSENT CALENDAR (Continued) Approval of an amended Memorandum of Understanding (MOU) with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee is requested for the development of and implementation of interoperable communications capabilities among public safety agencies. The amended MOU contains additional provisions that address issues not covered by the original MOU, and helps to ensure the timely delivery of this regional project. (Fire Chief) Staff re commendation: Council adopt the resolution. 5. RESOLUTION NO. 2009-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AMERICAN FAMIL Y LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC) TO OFFER VOLUNTARY INSURANCE COVERAGE TO ALL BENEFITED EMPLOYEES, AUTHORIZING PRE-TAX PA YROLL DEDUCTIONS FOR EMPLOYEES WHO ELECT TO PURCHASE AFLAC SUPPLEMENTAL INSURANCE AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT To accommodate the various benefit needs of City employees without added cost to the City, staff recommends offering AFLAC as a voluntary insurance option. Employee premium payments will be made through employee payroll deductions. AFLAC will administer enrollment, billing reconciliation, claims processing and claims payment for the City. Benefits will be paid directly to the employee. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-243, RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY STORi\1 DRAIN AND SLOPE REPAIR AT 1526 GRAND TETON COURT (DRI80),"AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF PUBLIC WORKS FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH CASS CONSTRUCTION, INC. On February 19, 2009, a large sinkhole appeared at 1526. Grand Teton Court. The sinkhole was caused by piping (the underground movement of soil by water) of the fill soils surrounding an existing 18" storm drainpipe that runs within the property. In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of Cass Construction, Inc. for the repair. Adoption of the resolution accepts the final report of expenditures and ratifies the execution of the contract. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 1-3 October 20, 2009 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2009-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $163,400 IN UNANTICIPATED REVENUE GENERATED THROUGH OPERATIONS AT THE CHULA VISTA NATURE CENTER, AND AMENDING THE BUDGET ACCORDINGLY (4/5THS VOTE REQUIRED) The approved operating budget for the Chula Vista Nature Center for fiscal year 2009/2010 includes no revenue, and limited funding on the expenditure side. Through an agreement reached with the Friends of the Chula Vista Nature Center subsequent to the budget process, the facility has and is continuing to operate at full capacity, generating un-budgeted revenue. The appropriation of $163,400 of unanticipated revenue will partially offset projected over-expenditures attributed to the cost of full operations. (Director of Recreation & Nature Center) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2009-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTIONTHEREWITH On July 28, 2009, Governor Arnold Schwarzenegger signed the 2009-2010 California State budget, pursuant to which cities, counties, and special districts will be required to lend property tax revenues to the State, with the promise of repayment in three years. As part of the budget package, local governments have the opportunity to receive the monies being borrowed by the State up front through a securitization financing offered by California Communities, a joint powers authority sponsored by the League of California Cities and California State Association of Counties. California Communities will issue bonds securitizing the future payments by the State and remit the proceeds of the bonds to the local governments who opt to participate in the securitization. The State will then repay the bondholders, to payoff the outstanding bonds including interest costs. All costs of the bond issuance will be paid by the State, resulting in no costs to the City. (Director of Finance) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION NO. 2009-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2008/2009 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY, AND APPROPRIATING $345,801 OF OVER REALIZED REVENUE TO THE FIRE DEPARTl'vIENT OVERTIME BUDGET (4/5THS VOTE REQUIRED) Page 4 - Council Minutes 1-4 October 20, 2009 DRAFT CONSENT CALENDAR (Continued) The Council Policy on Financial Reporting and Transfer Authority indicates that all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). In order to comply with the intent of this policy, transfers are recommended for approval. All recommended General Fund transfers can be done using existing appropriations. (Director of Finance) Staffrecommendation: Council accept the report and adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered the Consent Calendar (Items 1-9), headings read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association, announced the Association's recent appointment of two new members, Jaime Ricardo, representing the Association's committee on education, and James Doud, representinK the Association's committee on water policy. Timothy Barnes, Chula Vista resident, representing the Chula Vista Civic Association, suggested placement of trash receptacles in the vicinity of Chula Vista High School at 4th Avenue and K Street, to assist with trash clean up in the area. Mayor Cox suggested Mr. Barnes also offer his suggestion to the Chula Vista High School Principal. Antonia Ramirez suggested that the Father Joe Carroll homeless shelter be closed, and discouraged the public from supporting the shelter. ACTION ITEMS 10. CONSIDERA.TION OF ACCEPTANCE OF THE 2008 GREENHOUSE EMISSIONS INVENTORY. REPORT, DEVELOPMENT OF A CLIMATE ADAPTATION STRATEGY, AND APPROVING THE CITY'S ONGOING INVOLVEMENT WITH CLIMATE ADAPTATION PLANNING AS PROPOSED IN THE CLIMATE ADAPT A TION PLANNING ROAD MAP Page 5 - Council Minutes 1-5 October 20. 2009 DRAFT ACTION ITEMS (Continued) The 2008 Greenhouse Gas (GHG) Emissions Inventory indicates that annual citywide GHG levels have increased by 29% compared to 1990, while per capita and per housing unit levels have decreased by 25% and 17%, respectively. Emissions from municipal operations were approximately 43% below 1990 levels, surpassing the City's 20% reduction target. To complement the City's carbon reduction efforts, staff is recommending that Chula Vista begin to assess vulnerabilities to climate changes and strategize opportunities to adapt to the impacts as proposed in the Climate Adaptation Planning Roadmap. (Director of Conservation and Environmental Services) Environmental Resource Manager Reed provided an overview of the 2008 Greenhouse Gas Emissions Inventory Report and proposed strategies for climate change adaptation. Theresa Acerro, Chula Vista resident, spoke in support of the proposed resolution. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009- 247, heading read, text waived: RESOLUTION NO. 2009-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ACCEPTING THE 2008 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, (2) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP A CLIMATE ADAPTATION STRATEGY FOR FUTURE COUNCIL CONSIDERATION, AND (3) APPROVING CHULA VISTA'S ONGOING INVOLVEMENT IN INTERNATIONAL EFFORTS TO SHARE INFORMATION AND EXPERIENCES REGARDING CLIMATE ADAPTATION PLA.NNING AS OUTLINED IN THE CLIMATE ADAPTATION PLANNING ROADMAP Deputy Mayor Ramirez seconded the motion and it carried 5-0. I!. CONSIDERATION OF AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE The Council previously approved Implementation Plans for the Climate Change Working Group (CCWG) measures. Measure 4, Green Building Standards, consists of several components, one of which is the adoption of higher energy efficiency than the State- mandated building energy efficiency standards. The proposed ordinance amends the City's Energy Code and adopts increased energy efficiency standards. (Deputy City Manager/Development Services Director) Deputy Building Official EI-Khazen noted a revised ordinance on the dais with the following amendments requested by the California Energy Commission: Section 15.26.010 was amended to include the words, "".to exceed the California Energy Code, set forth in Title 24, Part 6." Section 15.26.030(E) was amended to include the words, "which are in effect." Deputy Building Ot1icial EI-Khazen and Advanced Planning Manager Batchelder presented the Energy Et1iciency Standards. Page 6 - Council Minutes 1-6 October 20, 2009 DRAFT ACTION ITEMS (Continued) JoAnne Springer, Chula Vista resident, commented on the cost saving benefits of home insulation, and stated that the standard R13 insulation level requirement was ineffective. She urged the City to quadruple the insulation level requirements. Nick Lee, San Diego resident, representing McMillin Land Development, suggested a re- evaluation of the recommended energy efficiency requirement of 20% above Title 24 requirements for Climate Zone 10, stating that this would create additional costs for builders. He suggested a requirement of 15% over Title 24, which would match the SDG&E rebate program. With respect to future updates to' energy et1iciency requirements, he suggested a complete staff analysis and re-evaluation, rather than an automatic 15% or 20% requirement, and suggested looking at a carbon equivalency program. He also recommended that staff look at a broader picture of future needs. James Filanc, Wi1domar, California resident, representing Southern Contracting, spoke in support of the proposed ordinance. He recommended including solar in the proposed ordinance as a modification/retrofit/upgrade for homes. Matt Adams, San Diego resident, representing the County of San Diego Building Association, commented on the unreliability of SDG&E incentives, and as such, would not be considered by lenders in a builder's appeal for funds. He recommended consideration of tangible incentives such as fee reduction or processing times. He encouraged moving forward with carbon equivalencies and guidelines in advance.. of any future increases above Title 24. Scott Molloy, San Diego resident, representing the Building Industry Association, stated that in compliance with Title 24, homes were already being built 60 percent more efficient than those built in 1990. Alex Plishner, local homebuilder, complimented staff for its ongoing dialogue in terms of energy efficiency, and spoke in support of the proposed resolution. He added that the ultimate goal was to stimulate the demand for permit activity. Theresa Acerro, Chula Vista resident, spoke in support of the proposed resolution. She suggested adding solar as a credit, not crediting for community' design, and increasing the standards higher than 20% above Title 24. Alexandra Hart, San Diego resident, representing IBEW Local 569, spoke in support of the proposed ordinance and resolution and acknowledged the City for its regional leadership on energy efticiency and renewable energy. She stated that the new technologies provided opportunities for sustained economic growth. Kevin O'Neill, Chula Vista resident, addressed comments made by a previous speaker, stating that the effectiveness of insulation was more a matter of conductivity or thermal bridging and thickness of walls. He suggested that the requirement for Low E windows be placed only on the sides of homes with the most sun exposure, and placement of dual pane windows in the less- exposed locations. He asked if there was a policy on energy efficiency standards when moving a single-family home to a new site. Page 7 - Council Minutes 1-7 October 20. 2009 DRAFT ACTION ITEMS (Continued) Councilmember Castaneda requested that City Manager Sandoval come back to tbe Council with information about short term incentives for builders to get projects off the ground without compromising the efficiency of new building standards. Councilmember Bensoussan suggested looking at creating and advertising an economic stimulus for the building industry to encourage development in the City. She suggested that staff look at the viability of rolling back fees to pre-October levels, with a freeze for the next couple of years during the transition period, and asked staff to come back with a report to the Council. She also suggested that staff work with the Climate Change Working Group and provide the Council with a snapshot of how levels of20% below 1990 levels would look. Councilmember Thompson commented on the need to look at internal rates of return, costs and savings, periodic updates from staff, and a report by the building industry on the impacts of the proposed ordinance. He suggested the concept of property tax credits for homeowners who incorporated additional energy saving components into their homes, and to ensure that basic energy savings components such as ceiling fans were not overlooked. He asked for a report from staff on permits for home additions that were reduced to 1,000 square feet in order to avoid the requirements oftbe proposed ordinance. Mr. Gable, Consultant for the project, stated tbat the rate of return was something that could be looked at. He stated that opportunities were available for energy efficient mortgages upon demonstration by the homeowner that annual energy costs would be reduced because of energy efficiency measures. In terms of home additions, he stated that in his experience, homeowners would not typically manipulate that to meet the building standards. Deputy Mayor Ramirez asked staft'to come back to the Council in the future with ways to re- evaluate and assess the various goals and objectives of energy efficiency standards and how they were being achieved. Mayor Cox commented that the City needed to do as much as possible to help residents and builders become energy efficient. She asked how the City could be competitive in tbe building market as well as be competitive with energy efficiency standards. Deputy City Manager Halbert responded, stating there was a need for efficiency in the processing of developments in the areas of infill and redevelopment. He stated that it needed to be demonstrated that the City wanted to redevelop and that the vision of the General Plan would be achieved. As far as new development, there was a need to look at new market types. Mayor Cox stated there was a need to look at providing incentives to retain housing stock in the community, and assurance that builders would want to, and could, build in the City. ACTION: Councilmember Castaneda moved to place the following Ordinance on first reading, and to adopt the following Resolution No. 2009-248, headings read, text waived, with direction to staff to look at potential incentives, which could include an analysis of existing building impact fees for a fmite period of time that may be an inducement for development through the phasing period: Page 8 - Council Minutes 1-8 October 20, 2009 DRA.FT ACTION ITEMS (Continued) A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE Al"\!D ADDING SECTION 15.26.030, INCREASED ENERGY EFFICIENCY STANDARDS (FIRST READING) B. RESOLUTION NO. 2009-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROPOSE LOCAL AMENDMENTS TO FUTURE VERSIONS OF THE CALIFORNIA ENERGY CODE, TITLE 24, PART 6, REQUIRING INCREASED ENERGY EFFICIENCY STANDARDS Councilmember Bensoussan seconded the motion and it carried 5-0. Mayor Cox recessed the meeting at 7:15 p.m. The meeting reconvened at 7:34 p.m., with all members present. Item l4A (Councilmember Castaneda) was taken out of order. 14. COUNCILMEMBERS' COMMENTS Council member Castaneda: A. Direction to staff to pre"pare an ordinance implementing an emergency 45-day moratorium to protect historic homes in Chula Vista. Councilmember Castaneda introduced the item, and spoke about concerns raised by residents in the northwest community regarding what seemed to be a change in the fabric of certain neighborhoods in the area. Councilmember Bensoussan stated that she would be abstaining from voting,on the item, due to the proximity of her property to the area under discussion. She left the dais at 7:37 p.m. Corinne McCall, Chula Vista resident, displayed pictures of local historic homes and requested that Second Avenue and Del Mar A venue be part of an historic preservation district. She spoke in favor of the proposed ordinance, but wanted the subject of historic preservation districts to be revisited. Glenda Devaney, Chula Vista resident, spoke in support of designating the areas of Second Avenue and Del Mar Avenue as historic districts. Mike Spounias, Chula Vista resident, stated that he lived in a non-historic home on Del Mar Avenue and he wanted to maintain the ability to renovate his home without any rules associated with historic homes. Janet Griffin, Chula Vista resident, spoke in opposition to an historic district designation on Second Avenue and Del Mar Avenue, stating that rebuilding should be the homeowner's choice. Page 9 - Council Minutes 1-9 October 20, 2009 DRAFT COUNCIUv1EMBERS' COMMENTS (Continued) Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association, spoke in support of the proposed ordinance for a 45-day moratorium. Ron Silva, Chula Vista resident, stated there were rumors that he had planned to demolish and rebuild his recently purchased home on Del Mar Avenue. He stated that it was not his intent to rebuild. Kevin O'Neill, Chula Vista resident stated that he did not believe any lots on the 600 block of Del Mar A venue had the capability for lot splits and that many of the lots on Second Avenue were already split. He suggested a debate on the matter between all parties involved, prior to the adoption of an ordinance for a moratorium. With respect to the historic preservation ordinances, he suggested that staff revisit the ordinance and receive input from the residents. Nancy Huleman, Chula Vista resident, spoke in support of creating an historic designation district. Peter Watry, Chula Vista resident, spoke in favor of preserving the Second Avenue/Del Mar Avenue area as an historic neighborhood. Kevin Lee Jones, Chula Vista resident, stated that homeowners should have the freedom to remodel their homes as they chose. Deputy City Manager Halbert clarified that lot splits and preserving older homes were two different issues, stating that the historic ordinance was focused on the homes themselves, and preservation of the lot sizes would not be protected under the historic preservation ordinance. Mayor Cox asked whether the ordinance could provide homeowners whose homes were not designated historic the right to make home improvements as the wished. Deputy City Manager Halbert responded that staff could look at homes that were over 45 years old, and bring suggestions to the Council. Mayor Cox stated her preference of updating the historic homes study. Councilmember Castaneda stated there was a need to move forward with implementation of an historic preservation ordinance. He commented on the City's historic heritage and associated issues with lot splits on Second Avenue and Del Mar Avenue. He also stated there was a need to look at whether there were merits for an historic overlay zone in these neighborhoods. Deputy Mayor Ramirez stated that a moratorium would be too restrictive. To that end, he stated that he would be conducting his next Public Office Hours on November 2, 2009 in the Second Avenue and Del Mar Avenue neighborhood to receive input on the matter from the affected residents. Councilmember Castaneda requested that staff return on October 27, 2009, with a proposed work plan and time line on steps to allow public participation, and a decision by the Council on matter. Councilmember Thompson stated his interest in preserving the historic character of the area, and the need to accelerate efforts to address all of the issues. He stated that if changes were made, there needed to be consensus of the homeowners. He then stated he would not be supportive of an emergency ordinance since this was not a dire emergency and financing would be difficult. Page 10 - Council Minutes 1-10 October 20, 2009 DRAFT COUNCILMEMBERS' COMMENTS (Continued) Mayor Cox spoke in support of having an historic preservation ordinance come to fruition, but after a public review period and assurance everything had been done to make the public well aware of any proposals. She also suggested reviewing what would be required to update the Historic District Study. City Manager Sandoval suggested that staff return to Council in a couple of weeks with I) a time frame for approval of an historic preservation ordinance, 2) resources required for revision of the Historic District Study, and 3) suggestions on lot sizes. ACTION: Mayor Cox moved to approve the City Manger's suggestions, to have staff return in a couple of weeks with I) a time frame for approval of an historic preservation ordinance, 2) resources required for revision of the Historic District Study, and 3) suggestions on lot sizes. Council member Castaneda seconded the motion and it carried 4-0-1, with Councilmember Bensoussan abstaining. Councilmember Bensoussan returned to the dais at 8:47p.m. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MA YOR'S REPORTS Mayor Cox announced the recent signing by the Governor, of Senate Bills SB-57 and SB-59, and provided inforrnation by the League of California Cities' "California Forward", regarding an attempt by an independent organization to cause the State Legislature to balance its budget with its own funds. She reminded the community about the "Most Interesting Concert" event on October 23, 2009 at 7:30 p.m., at New Hope Church. She commented on the City's receipt of a $1 million check for the University Park and Research Center, matched by the $1 million deposited in escrow by the Otay Land Company, plus up to 375 acres of land estimated at $200 million, as well as $20 million anticipated in bond revenues by Southwestern College. She spoke about the success of the recent "Beautify Chula Vista" event with over 650 volunteers. She also thanked City staff members Lynn France, Michael Meacham and Jennifer Quijano, for their work on the event. . Designation of a voting delegate and alternate for thc National League of Cities Annual Business Meeting, to be held Saturday, November 14,2009 in San Antonio, TX. ACTION: Councilmember Castaneda moved to designate Mayor Cox as voting delegate for the National League of Cities Annual Business Meeting on November 14, 2009. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Page 11 - Council Minutes 1 -11 October 20, 2009 DRAFT 14. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez: A. Ratitication of appointment of Rudy G. Gonzalez to the Mobilehome Rent Review Commission. ACTION: Deputy Mayor Ramirez moved to appoint Rudy G. Gonzalez to the Mobilehome Rent Review Commission. Councilmember Castaneda seconded the motion and it carried 5-0. B. Consideration of City endorsement of a Mariachi event. ACTION: Deputy Mayor Ramirez moved for Council approval of endorsement of the Mariachi event on October 9, 2009 at the City Hall Courtyard. Councilmember Thompson seconded the motion, and it carried 5-0. Councilmember Bensoussan suggested keeping the Memorial Bowl open as an option for the event, should attendance become too large for the City Hall courtyard. Councilmember Castaneda: A. This item was taken out of order and addressed after Item 11. B. Consideration of guidelines for a community gardens ordinance, and direction to staff to prepare the ordinance for Council consideration. Councilmember Castaneda referred to a draft Community Garden Policy distributed on the dais, and requested Council approval of a Council Policy for guidelines to maintain and operate a community garden. Councilmember Bensoussan stated that the document incorporated public input from various meetings, and spoke in favor of adopting a Council Policy as soon as possible, in order to qualify for a $7,000 community garden grant that required adoption of a Council Policy. She also recommended changing the "Restrictions/Guidelines" portion of the document, to make it less restrictive, from "A community garden must be operated by a non-profit agency or civic association" to "A community garden must be operated by a non-profit agency. civic association, or neighborhood group." She also recommended adoption of an ordinance based upon the policy. It was the consensus of the Council to come back within two weeks for consideration of a community gardens ordinance or Council Policy, whichever was appropriate. C. Discussion regarding potential actions of the Regional Water Quality Control Board - San Diego District, related to the South Bay Power Plant discharge permit. Page 12 - Council Minutes 1-12 October 20, 2009 DRAFT OTHER BUSrNESS (Continued) Councilmember Castaneda talked about ongoing discussions between the Independent System Operator, the utility and the Regional Water Quality Control Board, about existing generators, with interest by the Regional Water Quality Board to look at the last date of required service by the South Bay power plant that would ensure energy reliability, and the discontinuance of the ability for the plant to intake water from the bay and discharge it back in to the bay. ACTION: Councilmcmber Castaneda moved to request Council authorization to author a letter by the Energy Subcommittee, to the Regional Water Board, requesting that the permit for the discharge of the cooling water from the power plant to expire at the point and time when the Independent System Operator and the utility determine that the South Bay Power Plant would no longer be needed to ensure reliability and dependability for energy. Deputy Mayor Ramirez seconded the motion, and it carried 5-0. Councilmember Bensoussan announced that the South County Economic Development Council would be conducting a workshop about the South Bay power plant discharge permit on November 5, 2009 at the South Bay Fish and Grill at 2:00 p.m. Councilmember Thompson thanked staff for familiarizing him with City operations, and stated' that he anticipated hiring a Council Aide within one week. Mayor Cox requested that staff place updated information about the HINI virus on the City's website. Mayor Cox recessed the meeting to convene in Closed Session at 9:11 p.m. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDrNG EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. South Bay Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior Court, Case No. GIC 869386. No reportable action was taken on this item. B. Insurance Company of the West v. City of Chula Vista, San Diego Superior Court, Case No. GIS 28729; ACTION: Council member Bensoussan moved to authorize the City to file a lawsuit against Insurance Company of the West, Travelers Property Casualty Company of America and Koch Armstrong General Engineering. Councilmember Castaneda seconded the motion and it carried 5-0. C. Citizens for Responsible Equitable Environmental Development v. City of Chula Vista/Target Stores, inc., Real Party in Interest, San Diego Superior Court, Case No. 37-2009-0009594 7-CU- TT-CTL. No reportable action was taken on this item. Page 13 - Council Minutes 1-13 October 20, 2009 DRAFT CLOSED SESSION (Continued) 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Case. No reportable action was taken on this item. ADJOURNMENT At 9:35 p.m., Mayor Cox adjourned the meeting to the Regular Council Meeting of October 27, 2009 at 4:00 p.m. in the Council Chambers. ~-~~" /Lorraine Bennett, CMC, Deputy City Clerk Page 14 - Council Minutes 1-14 October 20, 2009