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Home My WebLink About2006/10/10 Agenda I dIoIln undlr penalty of perjury that I am Ur"'Yld brthe CIty of Chula Vllta In the ... of till City Clerk and tIlat I poettcIlhle ~ -If\( on till bulletin blIIrd IIllClOIdIng ~ ~ ft:- .1r'IIYI~......., L~ ~ 10-17-0/ "SJUI/..li W~~~~ <P SIGNED - - ...... _ CllY OF CHUIA VISTA , St~phen C Padilla, Mayor Patricia E. Chavez, Counciln)ember Jim Thomson, Interim City Manager John McCann, Councilmernber Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember October 10,2006 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Kathleen Marshall- International Friendship Commission Norma Toothman - Board of Ethics Todd Glanz - Board of Ethics . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROBERT ETHINGTON, CHULA VISTA RESIDENT, FOR DESIGNING AND IMPLEMENTING A CHARITY GOLF TOURNAMENT TO HELP FUND LOW COST SPAYINEUTER OF CHULA VISTA PETS AND FERAL CATS ON THE "NEUTER SCOOTER" · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CARE FACILITY MANAGER, PROCLAIMING OCTOBER 16, 2006 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 · PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY SEWAGE TREATMENT . DID YOU KNOW...ABOUT THE CITY'S ADULT AND JUVENILE LITERACY PROGRAM? Presented by Patrice O'Halloran, Literacy Coordinator. CONSENT CALENDAR (Items 1 through 4) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, pleasefill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. WRlTTEN COMMUNICATION Letter of resignation from Elroy Kihano, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN GENERAL GROWTH PROPERTIES (GGP) - OTAY RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CHULA VISTA, FOR THE OT A Y RANCH TOWN CENTER SHOPPING CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The final map, along with a subdivision improvement agreement and supplemental subdivision improvement agreement (SSIA) was approved for this project on May 24, 2005. The project is generally located at the northwest corner of Eastlake Parkway and Birch road, and will consist of major department stores and smaller commercial vendors sharing the site. Adoption of the resolution approves the grant of easements and maintenance agreement as required by the SSIA, and sets forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project and within the City's right-of-way. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY RlGHT-OF-WAY IN BAY BOULEVARD TO THE CITY OF SAN DIEGO AS NECESSARY FOR THE SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER, AND APPURTENANCES The City of Chula Vista and the City of San Diego entered into a Memorandum of Understanding concerning the location and construction of the South Bay Sewer Pump Station in March of 2000. Adoption of the resolution grants the easement to the City of San Diego as conditioned in the Memorandum of Understanding. (Acting Engineering Director) Staffrecommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .chulavistaca.gov October] 0, 2006 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $590,173 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR 2007 STATE GRANT FUND (4/5THS VOTE REQUIRED) Adoption of the resolution carries forward $590,173 in unused grant funds from Fiscal Year 2006 to Fiscal Year 2007. The Community-Based Transportation Planning grant is State funded and will provide up to $201,560 for the Eastern University District Transit Plan. The Transportation Demand Management grant is Air Pollution Control District funded and will provide $388,613 for traffic congestion reduction. (Planning & Building Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 5. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE PROHIBITION OF SMOKING IN CITY PARKS (Continued from September 26, 2006) The Council asked staff to analyze the effects of smoking in City parks at the November 15, 2005 Council meeting. Furthermore, the Parks and Recreation Commission also independently asked staff to look at banning smoking in parks. Based on staff's analysis, it is recommended that smoking be prohibited in City parks. (Public Works Operations Director) Staff recommendation: Council conduct the public hearing and place the following ordinances on first reading: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (FIRST READING) Page 3 - Council Agenda http://www .chulavistaca. gOY October 10, 2006 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK(FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (FIRST READING) 6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from September 26,2006) Staff recommendation: Council continue the public hearing to October 24, 2006 (Planning & Building Director). 7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CVMC 6.30.030) Staff recommendation: Council continue the public hearing to October 24, 2006 (General Services Director). ACTION ITEM The item listed in this section of the agenda is expected to elicit discussion and deliberation. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7:00 P.M. 8. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION Page 4 - Council Agenda http://www.chulavistaca.gov October 10, 2006 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. 11. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case ADJOURNMENT to the Regular Meeting on October 17,2006 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and jive days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 5 - Council Agenda http://www .chulavistaca.gov October 10, 2006