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Home My WebLink Aboutcc min 2005/10/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October II, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: I 0 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, and Mayor Padilla ABSENT: Councilmembers: Davis (excused), Rindone (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Maria Moya, Growth Management Oversight Commission Patricia Chavez, Resource Conservation Commission City Clerk Bigelow administered the oath of office to Maria Moya and Patricia Chavez, and Councilmember McCann presented each with a certificate of appointment. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT PERSONNEL Police Chief Emerson introduced recently hired officers Jasen Cunningham, Deanna Mory, Chad Harbin, and lateral officer Alberto Baca from the California Border Patrol. City Clerk Bigelow administered the oath of office to Officer Baca. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CONTROL MANAGER, AND CANDICE SCHUMANN, PRESIDENT OF THE SPAY AND NEUTER ACTION PROJECT, PROCLAIMING OCTOBER 16, 2005 AS NATIONAL FERAL CAT DAY AND RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND NEUTER SERVICES Mayor Padilla read the proclamation, and Councilmember McCann presented it to Dr. York, Ms. Schumann and Encinitas Councilwoman Maggie Houlihan. SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER, SWEETWATER AUTHORITY REGARDING "NO TIME TO WASTE - A BLUEPRINT FOR CALIFORNIA WATER" Former Councilmember and Sweetwater Board Member Salas recognized Sweetwater Director Jim Doud and Communications Coordinator Sue King, who were present in the audience. She then introduced General Manager Bostad, who made a brief presentation. · ANNOUNCEMENT BY RYAN HALL, AIRPORT SYSTEM PLANNER II, SAN DIEGO REGIONAL AIRPORT AUTHORITY, OF A TOWN HALL MEETING REGARDING THE FUTURE OF AIR TRANSPORTATION IN THE REGION CONSENT CALENDAR (Items I through 6) I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of August 18,2005, Regular Meetings of August 23, September 13, and September 20, 2005, and a Special Meeting of September 27, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from City Clerk Bigelow requesting excused absences for Councilmember Patty Davis (Continued from October 4, 2005). Staff recommendation: Council excuse the absences from the meetings of August 2, August 9, September 13, September 20, September 27, and October 4,2005, as well as from meetings in the near future until her return. B. Memorandum requesting an excused absence for Councilmember Rindone from the Special Council Meeting of September 27, 2005. Staff recommendation: Council excuse the absence. 3. RESOLUTION NO. 2005-342, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 104-01, ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS Adoption of the resolution amends Council Policy 104-01 in order for Council to consider items pulled from the Consent Calendar immediately after consideration of the Consent Calendar. It also updates the policy to reflect current practice with regard to the order of business. (City Clerk) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www .chulavistaca.gov October 11, 2005 CONSENT CALENDAR (continued) 4. RESOLUTION NO. 2005-343, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE RECOMMENDATIONS OF "NO TIME TO WASTE - A BLUEPRINT FOR CALIFORNIA WATER" The Association of California Water Agencies has recently completed the report "No Time to Waste - A Blueprint for California Water" in cooperation with water agencies throughout the state. The Board of the Sweetwater Authority has asked the Council to adopt a resolution supporting the recommendations of this report. (City Engineer) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2, 2005 (FIRST READING) The California Building Standards Commission has mandated that each jurisdiction within the state start enforcing the 2005 edition of the California Energy Code (2005 CEC) on October I, 2005. The 2005 CEC introduced regulations for outdoor lighting and designated statewide default outdoor lighting zones. The proposed ordinance approves the adoption of the California Energy Code and the outdoor lighting zones map, dated September 2, 2005. (Director of Planning & Building) Staff recommendation: Council place the ordinance on first reading. 6. RESOLUTION NO. 2005-344, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS' ASSOCIATION, THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, THE WESTERN COUNCIL OF ENGINEERS, AND THE CITY OF CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEAR 2006 THROUGH FISCAL YEAR 2010 These are five-year contracts between the City and each of the four recognized bargaining units. The memorandums of understanding detail specific provisions, which address wages, benefits, conditions of employment, and other negotiated items. The provisions concerning wages and benefits were approved by the Council on September 13,2005. (Director of Human Resources) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 3-0. ORAL COMMUNICATIONS Monica Hernandez requested Council assistance with traffic concerns near Cook Elementary School on Cuyamaca Avenue. Page 3 - Council Minutes http://www.chulavistaca.gov October II, 2005 PUBLIC HEARINGS 7. CONSIDERATION OF OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT (PCM-04-18), OT A Y RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT (PCM-04-19), ZONE CHANGE (PCZ-06-02), AND REVISED TENTATIVE MAP (PCS-05-16) FOR A MIXED-USE VILLAGE CORE LOCATED ON BOTH SIDES OF EAST PALOMAR ROAD, BETWEEN VIEW PARK WAY AND MAGDALENA AVENUE (APPLICANT: OT A Y PROJECT, LP - Continued from October 4, 2005) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six core along both sides of East Palomar Street, providing approximately 20,000 square feet of ground floor commercial retail space on the south side, and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street, between View Park Way and Magdalena Avenue, including units reserved for low-income households. (Director of Planning & Building) 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 Padilla opened the public hearing. Associate Planner Phelps presented the staff report and responded to questions. Monica Hernandez inquired about the decrease in single-family homes and the resultant impacts on schools. Ranie Hunter, representing the applicant, addressed the community presentation process used for the project. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for first reading and resolutions for adoption, headings read, texts waived: . ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP (FIRST READING) RESOLUTION NO. 2005-345, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) TO ALLOW ADDITIONAL RESIDENTIAL DEVELOPMENT IN OTA Y RANCH VILLAGE SIX . I Page 4 - Council Minutes http://www .chulavistaca.gov October] I, 2005 L______ PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-346, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) SITE UTILIZATION PLAN MAP RESOLUTION NO. 2005-347, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE A 3.0-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF EAST PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS (OTAY RANCH, LP) The motion carried 3-0. 8. CONSIDERATION OF AMENDMENTS TO CHAPTER 17.10 OF THE MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES; AND AMENDMENTS TO THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS (Continued from September 20, 2005) In July 2004, the Council increased the parkland acquisition and development fees. Since that time, land values have increased substantially, generating the need to adjust the parkland acquisition component of the fee. The proposed increases will ensure that sufficient funds are available for the City to meet park facilities thresholds. (Director of General Services) 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 Padilla opened the public hearing. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered the following resolution for adoption and ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2005-348, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS Page 5 - Council Minutes http://www.chuIavistaca.gov October II, 2005 PUBLIC HEARINGS (continued) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES, TO PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT The motion carried 3-0. 9. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 5.36, RELATING TO MASSAGE PARLORS The current ordinance regulating massage parlors and holistic health businesses has a number of loopholes. Under the current ordinance, it is difficult to enforce the provision requiring holistic health practitioners to obtain police permits. Adoption of the ordinance allows the Police Department to be more proactive in regulating massage parlors. (Police Chief) 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 Padilla opened the public hearing. Police Chief Emerson provided the staff report and responded to questions of the Council. Public Safety Analyst Goldberg and Deputy City Attorney Cave also responded to questions of the Council. With no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5, CHAPTER 5.36 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO MASSAGE PARLORS (FIRST READING) The motion carried 3-0. Councilmember Castaneda requested a periodic status report on the inspection program, arrest record and overall review of the program, and Councilmember McCann asked that the updated motel and tattoo ordinances be brought back as soon as possible. . Page 6 - Council Minutes http://www.chulavistaca.gov October II, 2005 Co- ITEMS PULLED FROM THE CONSENT CALENDAR There were none. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Upon City Manager Rowlands' suggestion, it was the consensus of the Council to cancel the regular meeting of October 18, 2005. II. MAYOR'S REPORTS Mayor Padilla noted that he, Councilmember Castaneda, City Manager Rowlands, and City Attorney Moore had attended the League of California Cities conference in San Francisco, and he would prepare a report on the conference for the Council. He also commended City Manager Rowlands on his conference presentation regarding the recent firestorm in San Diego County. 12. COUNCIL COMMENTS Councilmember McCann spoke of the success of the recent light bulb exchange program, which he hoped would become a semi-annual event. He also commended Fire Chief Perry and his crews on the success of the Fire Station 4 grand opening and educational exhibits. Councilmember Castaneda reminded all in attendance of the fifth and final Town Hall forum for citizen input on the Community Choice Aggregation program, which would allow residents and businesses to purchase energy trom a variety of sources. The forum will be held at Fire Station 4 on Saturday, October nnd, at 10:00 a.m. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-10-003 and R-OI-IO-024) ADJOURNMENT At 7:20 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 25, 2005, at 6:00 p.m. in the Council Chambers. , :::- ~~~V~ Susan Bigelow, MMC, City'elerk Page 7 - Council Minutes http://www.chulavistaca.gov October II, 2005