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Home My WebLink Aboutcc min 2005/11/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 15,2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (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 . OATH OF OFFICE Jerome Sandoval, Child Care Commission. Mr. Sandoval was unable to be present and will be rescheduled for a future agenda. · PRESENTATION BY REPRESENTATIVES OF ELITE RACING REGARDING CITY DEPARTMENT CHALLENGE WINNERS FROM THE 2005 ARTURO BARRIOS RACE Mr. Sunland of Elite Racing thanked the Mayor, Council, City staff and sponsors for their support of the 17th annual Arturo Barrios Race. He then presented the Mayor and Council with two perpetual trophies. Event Manager Elizabeth Cox presented plaques to the City department challenge winners and announced that a reception in their honor would be held at 10 a.m. on Friday in the conference room. CONSENT CALENDAR (Items I through 2) 1. RESOLUTION NO. 2005-365, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $165,000 IN UNANTICIPATED REVENUES FROM THE DEPARTMENT OF CONSERVATION TO STREAMLINE RECYCLING SERVICES FOR MULTI-FAMILY RESIDENTS IN CHULA VISTA (4/5THS VOTE REQUIRED) CONSENT CALENDAR (continued) In July 2005, staff submitted a grant application to the California Department of Conservation, Division of Recycling, Beverage Container Recycling Community Outreach Competitive Grant Program. A total of $1,500,000 was available for distribution, and 13 proposals were awarded. Chula Vista was awarded $165,000. The funds will be used to streamline the recycling program for multi-family residents. (General Services Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2005-366, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $158,958 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY HOUSEHOLD HAZARDOUS WASTE PARTNERSHIP, FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM, 14TH CYCLE (4/5THS VOTE REQUIRED) In April 2005, staff submitted a grant application to the California Integrated Waste Management Board for household hazardous waste public education and outreach activities on behalf of the South Bay Regional Household Hazardous Waste Partnership (Chula Vista, Coronado, Imperial Beach and National City) under authorization contained in Resolution No. 2005-187 and supporting letters from the Partnership agencies. The state board has awarded $158,958 and given staff the notice to proceed with the proposed programs. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. Councilmember Castaneda asked staff to publicize that larger or second recycling bins are available at no cost for single-family homes. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 3. CONSIDERATION OF APPROVAL TO POST "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, FRIENDSHIP AND LAUDERBACH PARKS, AND TO AMEND MUNICIPAL CODE 2.66.043, PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS (Continued trom November 1, 2005) Page 2 - Council Minutes http://www.chulavistaca.gov November 15, 2005 -----------.---- PUBLIC HEARINGS (continued) In response to concerns by members of the community about safety in four City parks, the Police, Public Works Operations, and Recreation Departments recommend the installation of signs prohibiting the possession and/or consumption of alcoholic beverages as required by Municipal Code Section 2.66.043. Adoption of the ordinance amends the Municipal Code to allow an exception that permits possession and/or consumption under the terms of a lease, operating agreement or permit issued by the Public Works Director, Recreation Director or City Manager or their designee. (Police Chief/Public Works Operations Director/Parks and Recreation 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. Mayor Padilla opened the public hearing. Councilmember Rindone stated he would abstain from participation and discussion regarding Friendship Park since his home is located within 500 feet of the park. Police Chief Emerson provided an overview of the staff report and responded to questions of the Council. Deputy City Attorney Cave responded to legal questions regarding the proposed ordinance. Patricia Chavez, representing Chula Vistans for Civic Solutions, spoke in support of the proposed ordinance and requested consideration for all City parks. Binly Phounsiri, Chula Vista resident and YMCA Teen Center member, spoke in support of the proposed ordinance. John Clingan, Chief Executive Officer of the Boys & Girls Clubs of Chula Vista, spoke in support of the proposed ordinance. James Marcilino translated the comments of Martha Moreno, representing the Neighborhood Council Initiative, who spoke in support of the proposed signage and ordinance. Further, she expressed concerns that the liquor license issued to the new W al- Mart next to Harborside Park could lead to alcohol consumption in the park, which is used by young people and families. There being no further members of the public who wished to speak, Mayor Padilla closed the public hearing. City Attorney Moore stated that the resolution would be divided into two, the first to contain the three parks, Memorial, Eucalyptus and Lauderbach and the second to contain Friendship Park. ACTION: Mayor Padilla offered the following ordinance for first reading and resolutions for adoption, headings read, texts waived: Page 3 - Council Minutes http://www .chulavistaca.gov November ]5, 2005 PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-367, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POSTING OF "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, AND LAUDERBACH PARKS RESOLUTION NO. 2005-368, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POSTING OF "NO ALCOHOL" SIGNS AT FRIENDSHIP PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS The motion carried 4-0 on Resolution 2005-367; 3-0-1 on Resolution 2005-368, with Councilmember Rindone abstaining due to the proximity of his home to Friendship Park; and 4-0 to place the ordinance on first reading. Mayor Padilla asked staff to bring back a legal analysis and potential language to expand the provisions to all City parks. Councilmember Castaneda asked staff to look at on- and off-site sales, provisions to prohibit alcohol in parks when closed, and the possibility of establishing a cooling-off period by prohibiting the use of alcohol for a specified time before park closing. Councilmember McCann asked staff to ensure that parks are properly lit at night. Councilmember Rindone reminded the Council that elected officials can provide testimony to the Alcohol Beverage Control (ABC) Commission when liquor licenses are being considered for issuance. He also asked staff to look into the restriction of liquor sales within 1,000 feet of schools. 4. 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 (Continued from November I, 2005) In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a more timely basis. This is the identical process approved by the Council since August 1998. (Finance Director) Page 4 - Council Minutes http://www.chulavistaca.gov November 15, 2005 ~ -----------._------,-. PUBLIC HEARINGS (continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution 2005-369 for adoption, heading read, text waived: RESOLUTION NO. 2005-369, 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 The motion carried 4-0. 5. 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 (Continued from November I, 2005) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolutions enhances the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensures that payment is received on a more timely basis. This is the identical process approved by the Council on a regular basis since mid-200I. (Finance 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. Mayor Padilla opened the public hearing. Councilmember McCann stated that he would abstain from discussion and voting on item 5A due to the proximity of his home to a delinquent parcel. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered Resolution No. 2005-370, heading read, text waived: Page 5 - Council Minutes http://www .chulavistaca.gov November 15, 2005 PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-370, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "A") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 3-0-1, with Counci1member McCann abstaining due to the proximity of his home to a delinquent parcel. ACTION: Councilmember McCann offered Resolution No. 2005-371, heading read, text waived: RESOLUTION NO. 2005-371, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. OTHER BUSINESS 6. CITY MANAGER'S REPORTS There were none. 7. MAYOR'S REPORTS There were none. 8. COUNCIL COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed. 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT At 7:29 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 22, 2005, at 6:00 p.m. in the Council Chambers. -=-:-~ ~~8'~ Susan Bigelow, MMC, City Clerk Page 6 - Council Minutes http://www.chulavistaca.gov November 15, 2005