HomeMy WebLinkAboutcc min 2009/10/20MINUTES 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 Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers 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 awazd to
City Treasurer Maria Kachadoorian, who accepted it on behalf of the Finance
department.
OATH OF OFFICE: Sandra Villegas-Zuniga, Civil Service Commission
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
CALIFORNIA 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
awazd 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 Minutes October 2Q, 2009
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 IMPACTS 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. APPROVAL OF MINUTES of June 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/STHS 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 October 2Q 2009
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 FAMILY LIFE ASSURANCE COMPANY OF
COLUMBUS (AFLAC) TO OFFER VOLUNTARY INSURANCE COVERAGE TO
ALL BENEFITED EMPLOYEES, AUTHORIZING PRE-TAX PAYROLL
DEDUCTIONS FOR EMPLOYEES WHO ELECT TO PURCHASE AFLAC
SUPPLEMENTAL INSURANCE AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT
To accommodate the vazious 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 STORM DRAIN AND SLOPE REPAIR AT 1526 GRAND
TETON COURT (DR180),"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 October 20, 2009
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/STHS
VOTE REQUIRED)
The approved operating budget for the Chula Vista Nature Center for fiscal yeaz
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 recorrunendation: 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 lA RECEIVABLE FROM THE STATE; AND DIRECTING AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
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 yeazs. 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 pay off 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)
Staff recommendation: 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 DEPARTMENT OVERTIME BUDGET
(4/STHS VOTE REQUIRED)
Page 4 -Council Minutes October 2Q 2009
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)
Staff recommendation: Council accept the report and adopt the resolution.
ACTION: Mayor Cox moved to approve staff's 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, representing 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. CONSIDERATION 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
ADAPTATION PLANNING ROADMAP
Page 5 -Council Minutes October 2Q 2009
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)
Environrental 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 (1) 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 PLANNING AS
OUTLINED IN THE CLIMATE ADAPTATION PLANNING ROADMAP
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
11. 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 standazds. The proposed ordinance amends the
City's Energy Code and adopts increased energy efficiency standards. (Deputy City
Manager/Development Services Director)
Deputy Building Official El-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
Official El-Khazen and Advanced Planning Manager Batchelder presented the Energy Efficiency
Standards.
Page 6 -Council Minutes October 2Q 2009
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 efficiency 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, Wildomar, 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
standazds 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 efficiency 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 standazds when moving a
single-family home to a new site.
Page 7 -Council Minutes October 20, 2009
ACTION ITEMS (Continued)
Councilmember Castaneda requested that City Manager Sandoval come back to the 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 yeazs
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 of 20% below 19901evels 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 of the proposed ordinance.
Mr. Gable, Consultant for the project, stated that 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 staff to come back to the Council in the future with ways to re-
evaluate and assess the vazious goals and objectives of energy efficiency standazds 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 the 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 faz as new development, there was a need to look at new mazket 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 finite period of time that may be
an inducement for development through the phasing period:
Page 8 -Council Minutes October 20, 2009
ACTION ITEMS (Continued)
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
15.26 OF THE CHULA VISTA MUNICIPAL CODE AND 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 carved 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 14A (Councilmember Castaneda) was taken out of order.
14. COUNCILMEMBERS' COMMENTS
Councilmember Castaneda:
A. Direction to staff to prepaze 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 azea 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 Maz Avenue be pazt 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 azeas of Second
Avenue and Del Mar Avenue as historic districts.
Mike Spounias, Chula Vista resident, stated that he lived in anon-historic home on Del Maz
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 October 2Q 2009
COUNCILMEMBERS' COMMENTS (Continued)
Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association, spoke in support
of the proposed ordinance fora 45-day moratorium.
Ron Silva, Chula Vista resident, stated there were rtunors 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 Maz Avenue 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 Maz
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 clazified 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 forwazd 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 Maz 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 suggested that staff return on October 27, 2009, with a proposed
work plan and timeline 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 azea, 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 ]0 -Council Minutes October 2Q, 2009
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 1) 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 1) 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. Councilmember Castaneda seconded the motion and it
carried 4-0-1, with Councilmember Bensoussan abstaining.
Councilmember Bensoussan returned to the dais at 8:47 p.m.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
There were none.
13. MAYOR'S REPORTS
Mayor Cox announced the recent signing by the Governor, of Senate Bills SB-57 and SB-59, and
provided information by the League of California Cities' "California Forward", regazding 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 Reseazch 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 the 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 October 2Q, 2009
14. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez:
A. Ratification 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, 2010 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 lazge 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
fora $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 nonprofit 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 regazding 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 October 20, 2009
OTHER BUSINESS (Continued)
Councilmember Castaneda talked about ongoing discussions between the Independent System
Operator, the utility and the Regional Water Quality Control Boazd, about existing generators,
with interest by the Regional Water Quality Boazd 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 dischazge it back in to the bay.
ACTION: Councilmember 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 familiazizing 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 H1N1 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 REGARDING 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: Councilmember 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/Tazget Stores, inc., Real Party in Interest, San Diego Superior Court, Case No.
37-2009-00095947-CU-TT-CTL.
No reportable action was taken on this item.
Page 13 -Council Minutes October 20, 2009
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 - Counci] Minutes October 2Q, 2009