HomeMy WebLinkAbout2006/10/24 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 3, 2006
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:08
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor
Padilla (arrived at 4:19 p.m.)
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy
City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY JIM SANDOVAL, PLANNING AND BUILDING DIRECTOR,
OF THE EMPLOYEE OF THE MONTH, HILDA ALMEJO, DEVELOPMENT
SERVICES TECHNICIAN
Planning and Building Director Sandoval introduced the employee of the month, Hilda Almejo.
Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Ms.
Almejo.
Councilmember Rindone directed staff to establish an employee-of-the-month parking space
program and bring it back to Council as soon as possible.
. PRESENTATION OF SUMMER READING PROGRAM REPRESENTATIVES
FROM THE CHULA VISTA PUBLIC LIBRARY
Principal Librarian Jonas recognized representatives of the Chula Vista branch libraries' summer
reading program. She then explained the recent "Teen Idol" competition and introduced the top
five finalists. Idol winner Dariana Galindo, a 12th grade student at Bonita Vista High School,
performed her winning song.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FLORA
DOWNS JENNINGS SMALL DECLARING OCTOBER 3, 2006 AS FLORA DOWNS
JENNINGS SMALL DAY IN CHULA VISTA
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Downs
Jennings.
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SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EMMA
MCCLEES, SAFETY SPECIALIST, DECLARING THE WEEK OF OCTOBER 2 - 8,
2006 AS DRNE SAFELY TO WORK WEEK
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Safety
Specialist Emma McClees.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARCI
BAIR, CHULA VISTA CHAMBER OF COMMERCE, DECLARING THE WEEK OF
OCTOBER 2 - 8, 2006 AS FINANCIAL PLANNING WEEK
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Marci Bair.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FRAN
CORNELL, VICE CHAIR OF CULTURAL ARTS COMMISSION, DECLARING THE
MONTH OF OCTOBER 2006 AS NATIONAL ARTS AND HUMANITIES MONTH
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Cultural Arts
Commissioner Sara Deavenport. Cultural Arts Commission Vice Chair Cornell then thanked the
Council for the recognition and acknowledged the strong programs in arts education that are
provided and promoted at the local school district level, as well as community cultural activities
that take place throughout the City. Vice Chair Cornell invited the public to attend the Cultural
Arts Master Plan presentation to the Council on December 7, 2006.
· DID YOU KNOW...THE CITY OF CHULA VISTA RECREATION DEPARTMENT
HAS AN ELEMENTARY LEARN TO SWIM PROGRAM? Presented by Manuel
Gonzalez, Recreation Supervisor, Recreation Department.
Recreation Director Martin introduced Aquatics Supervisor Gonzales, who provided a brief
presentation of the City's "Learn to Swim" program.
CONSENT CALENDAR
(Items I through 3)
Councilmember Castaneda stated that he would abstain from voting on Item 2, as it pertained to
a past client with whom he had a financial relationship.
Regarding Item 3, Councihnember Rindone thanked Interim City Manager Thomson for
conducting an on-site visitation of the neighborhood. Councilmember Rindone encouraged his
colleagues to support the item and expressed his appreciation to staff on the matter.
1. RESOLUTION NO. 2006-300, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANTS OF EASEMENTS AND
MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN
MIGUEL RANCH PHASE III
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CONSENT CALENDAR (Continued)
Adoption of the resolution allows the homeowners association to perpetually maintain the
landscaping within the right-of-way for the San Miguel Ranch, Phase III project,
consisting of neighborhoods JI, 12, K, and L, is generally located west ofSR-125 along
San Miguel Ranch Road. (Acting Engineering Director) .
Staff recommendation: Council adopt the resolution.
2. RESOLUTION NO. 2006-301, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS
IMPRACTICAL AND AUTHORIZING THE CITY'S PURCHASING AGENT TO
NEGOTIATE PURCHASE ORDERS DIRECTLY WITH HANSON AGGREGATES,
INCORPORATED FOR PROCUREMENT OF AGGREGATE PRODUCTS TO
COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (Continued from
September 26, 2006)
Adoption of the resolution waives the formal bidding process and authorizes the City's
Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as
the only remaining aggregate supplier in the South Bay, for procurement of aggregate
products to complete street maintenance tasks by Public Works Operations crews.
(Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2006-302, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE CLOSURE OF A PORTION OF CLAIRE
AVENUE LYING NORTH OF SHASTA STREET AND SOUTH OF H STREET,
PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 2ll0l(A)(1),
ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-33l, AND
TRANSFERRING FUNDS NECESSARY TO SECURE THE CLOSED STREET
The Engineering Department requests that a portion of Claire Avenue, lying north of
Shasta Street and south of H Street, be closed pursuant to California Vehicle Code
Section 21101 (a)(l). The subject portion of Claire Avenue is not needed for vehicular
traffic. (Acting Engineering Director)
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 5-0, except
for Item 2, which carried 4-0-1, with Councilmember Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
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PUBLIC COMMENTS
Kori Reese, Denise Engburg, and Stephanie Pereda, representing Otay Ranch's Academy of
Criminology and Justice, thanked Councilmember Chavez for reminding them of the opportunity
to attend Council meetings and thanked the Council for the opportunity to observe how the
meetings are conducted.
Angela Brill thanked Mayor Padilla for his leadership in notifying the Metropolitan Transit
System (MTS) of issues regarding local bus routes, and urged MTS to re-evaluate some of the
bus routes, particularly 709A, that have raised concerns for area residents.
ACTION ITEMS
4. APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION (Continued
from September 26, 2006)
The Council conducted interviews to fill the vacancy on the Port Commission at the City
Council Meeting of September 26, 2006. As directed at that meeting, this item was
brought back for the Council to make an appointment.
Item 6 was heard at this time, and Item 4 was actually considered following Items 6 and 10.
Laura Hunter, representing Environmental Health Coalition spoke in support of Mr. Najera as
Chula Vista's representative on the Port Commission.
ACTION:
Deputy Mayor McCann moved to appoint Mike Najera as the City's
representative to the Port Commission. Councilmember Castaneda seconded the
motion, and it carried 4-1 with Councilmember Rindone voting no.
5. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLANNING AREA (SPA) PLAN (Continued from September 26, 2006)
The report was to provide the City Council with an overview of the objectives for the
Eastern Urban Center envisioned in the City's planning documents and an overview of
the transportation systems, which are planned to serve the Eastern Urban Center.
(Planning and Building Director)
Item 5 was actually considered following Items 6, 10 and then 4.
Planning and Building Director Sandoval briefly explained the presentation format.
Project Manager Letteri gave an overview of the Eastern Urban Center concept plan, including
the transit component.
At 8:27 p.m., Mayor Padilla announced a brief meeting recess due to the lack of quorum. The
meeting resumed at 8:29 p.m.
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ACTION ITEMS (Continued)
Miriam Kirshner, representing the Metropolitan Transit Service Board and the San Diego
Association of Governments, presented the South Bay Bus Rapid Transit Corridor Plan.
Principal Planner Rosaler presented the General Development Plan component of the Eastern
Urban Plan, and Todd Galarneau, representing the McMillin' Company, presented the objectives,
planning, and urban design for the Eastern Urban Center project:
Councilmember Rindone stated that the proposed design principles for Eastern Urban Core
should also be included in west side planning, with the addition of a historical preservation
principle.
Derrick Dudley spoke in support of the proposed plan. He also talked about the areas between
Hilltop and Third Avenue and between Third and Naples on the west side, stating that there are
still no sidewalks for the residents who live in those areas, and the citizens on the west side are
concerned about being left behind with the new development. He asked the Council not to forget
about the west side.
Councilmember Chavez spoke of the need to create overall sustainability; to make the west side
the historical area of the City; and to ensure transit connectivity between east and west.
Deputy Mayor McCann suggested the inclusion of a concept of affordable ownership and
housing opportunities in the proposed plan.
ACTION:
Councilmember Rindone moved to accept the report. Deputy Mayor McCann
seconded the motion, and it carried 4-0-1, with Councilmember Castaneda absent
from the dais.
6. CONSIDERATION OF ADOPTION OF THE TENETS OF THE U.S. MAYORS
CLIMATE PROTECTION AGREEMENT
The Mayor's Office has been urged by the Sierra Club, the Environmental Health
Coalition and other individuals to sign the U.S. Mayors' Climate Protection Agreement
and take all necessary steps locally to reduce atmospheric pollution. Adoption of the
resolution approves the tenets of the agreement and authorizes the Mayor to execute the
agreement. (Land Use/Coastal Policy Advisor)
Item No.6 was taken out of order, and public testimony concerning the item was actually heard
prior to Items 4 and 5.
Todd Verbilk, representing the Sierra Club Cool Cities Campaign, stated that the text of the
proposed resolution is very strong, reflects a forward-thinking city, and identifies potential and
predicted global warming effects on the City. He believed that the proposed resolution would
secure the City's economic future, and he urged the Council to adopt it.
Laura Hunter, representing the Environmental Health Coalition, stated that there was a limited
amount of time to deal with the issue. She spoke in support of the proposed resolution and also
of adopting additional language to commit to developing energy and sustainability standards for
all City buildings, as well as all new buildings in the City. She also supported the concept of a
sustainability handbook.
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ACTION ITEMS (Continued)
Alexandra Hart, representing mEW 569 Apollo Alliance, urged the Council to adopt the
resolution and spoke about the importance of environmental protection and sustainability.
Jim Peugh, representing the San Diego Audobon Society, urged the Council to adopt the
proposed resolution, which would benefit everyone in the long tllrm.
Rochelle Becker, representing the Alliance for Nuclear Responsibility, expressed the need to
address air contaminants before they occur and also limit the existing contaminants. She spoke
in support of the proposed resolution.
Mack Collins, representing California Interface Power and Light, expressed the importance of
local action on climate protection and spoke in support ofthe proposed resolution.
ACTION:
Mayor Padilla offered Resolution No. 2006-303, heading read, text waived, and
directed staff to obtain a clearer policy that applies the Leadership in Energy and
Environmental Design (LEED) Silver standard or equivalent; look at developing a
sustainability guidebook; come back in six months with a report on the "Chula
Vista Research Project" being undertaken by the City, the Gas Technology
Institute, and San Diego State University; and provide recommendations for a
policy regarding sustainability standards for application on a broader scale:
RESOLUTION NO. 206-303, RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA ADOPTING THE TENETS OF THE
U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The motion carried 5-0.
At 5:07 p.m., Mayor Padilla announced a brief recess. The meeting reconvened at 5:15 p.m.,
with all members present. Item 10 was actually heard at this point in the meeting.
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
Interim City Manager Thomson announced that a joint meeting of the City Council,
Redevelopment Agency and Chula Vista Redevelopment Corporation would be held on
Thursday, October 5, 2006 at 6:00 p.m. in Council Chambers.
8. MAYOR'S REPORTS
Mayor Padilla spoke regarding a proposal on an application that was denied as incomplete for
Mr. Eduardo Valerio with respect to a marquee sign to promote the Chula Vista Auto Park,
Knotts Soak City and Coors Amphitheatre. He directed the Planning and Building Department
and City Attorney's Office to collaborate to see if there is a way to bring the matter back for
Council consideration. He then expressed concern that key stakeholders were not collaborating
as they should.
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OTHER BUSINESS (Continued)
Deputy Mayor McCann stated that proper signage, which could potentially save taxpayer money
and promote additional revenue for the City, was missing from the Auto Park.
Councilmember Castaneda spoke in support of the comments made by Mayor Padilla and
Deputy Mayor McCann and expressed the need to make it decision whether or not to spend
taxpayer money to accomplish the marketing of the auto malL '
9. COUNCIL COMMENTS
. Deputy Mayor McCann: Request for additional analysis and discussion of
Proposition 90.
ACTION: Deputy Mayor McCann directed the Planning and Building Department and City
Attorney's Office to analyze how Proposition 90 would affect community
planning in Chula Vista.
ACTION:
ACTION:
ACTION:
ACTION:
. Councilmember Rindone: Referral of option for mobilehome park sites and
overlay use zone.
Councilmember Rindone directed the Planning and Building Department to work
with the City Attorney's Office to analyze zoning options for mobilehome park
sites throughout the City, including an analysis of the use of an overlay zone
and/or relevant information pertaining to a potential General Plan Amendment
with respect to those sites; and return to the Council on or before October 24,
2006.
Councilmember Chavez spoke about an item she pulled from a prior meeting
agenda regarding the transfer of funds from one area to another, and she directed
staff to bring the item back before the Council at its next meeting.
Councilmember Chavez directed staff to bring the item regarding zoning-related
matters for the Eastlake Design District before the Council in three weeks.
Councilmember Chavez directed staff to provide an analysis of the City's position
regarding funding for brush abatement, and how to plan for it in next year's
budget.
ACTION ITEMS (Continued)
10. INTERVIEWS AND APPOINTMENT TO FILL THREE VACANCIES ON THE
BOARD OF ETHICS
This item was actually considered beginning at 5:15 p.m., following Item 6.
The following applicants were interviewed by the City Council:
Harriet Acton
Norma Toothman
Todd Glanz
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ACTION ITEMS (Continued)
DRAFT
During the interview of Mr. Todd Glanz, Mayor Padilla announced that, out of an abundance of
caution, he would recuse himself from participating in the remainder of the interview, citing the
possibility that Mr. Glanz represented him as a client of Allstate Insurance with regard to a
collision he was involved in a number of years ago. Mayor Padilla then left the dais. He
returned at 6:05 p.m.
The following applicants were then interviewed:
Valerie McFarland
Elizabeth Scott
Mayor Padilla asked City Attorney Moore to ascertain whether he had any potential conflict of
interest with respect to his participation in discussions regarding applicant Todd Glanz. City
Attorney Moore responded that there was technically no conflict of interest under the Fair
Political Practices Act or any other type of law; Mr. Glanz was not retained by Mayor Padilla
regarding the collision case.
ACTION:
ACTION:
Councilmember Rindone moved to appoint Todd Glanz to fill the first vacancy on
the Board of Ethics. Councilmember Castaneda seconded the motion, and it
carried 4-1 with Councilmember Chavez voting no.
Councilmember Rindone moved to appoint Elizabeth Scott to fill the second
vacancy on the Board of Ethics. Deputy Mayor McCann seconded the motion,
which failed 3-2, with Mayor Padilla and Councilmember Castaneda voting no.
(Per the Municipal Code, a 4/5ths vote is required for an appointment to the
Board of Ethics.)
At 7:09 pm. Council took a brief recess. The meeting reconvened at 7:23 p.m. with all members
present.
Deputy Mayor McCann moved to appoint Norma Toothman to fill the second vacancy on the
Board of Ethics. Councilmember Castaneda seconded the motion. Councilmember Rindone
requested an amendment to the motion to support the appointment of Elizabeth Scott and Norma
Toothman for the two remaining positions. No vote was taken on the original motion.
ACTION:
ACTION:
Deputy Mayor McCann moved to appoint Norma Toothman and Elizabeth Scott
to fill the two remaining vacancies on the Board of Ethics. Councilmember
Rindone seconded the motion. Councilmember Castaneda requested that the
maker of the motion bifurcate the motion. The request was denied by the maker
of the motion. The motion failed 2-3, with Mayor Padilla and Councilmembers
Chavez and Castaneda voting no.
Councilmember Castaneda moved to appoint Norma Toothman to fill the second
vacancy on the Board of Ethics. Mayor Padilla seconded the motion, and it
carried 4-1 with Councilmember Rindone voting no.
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ACTION ITEMS (Continued)
ACTION:
ACTION:
ACTION:
ACTION:
Councilmember Castaneda moved to appoint Valerie McFarland to fill the third
vacancy on the Board of Ethics. Mayor Padilla seconded the motion, which failed
3-2, with Deputy Mayor McCann and Councilmember Rindone voting no.
Deputy Mayor McCann moved to appoint Elizabeth Scott to fill the third vacancy
on the Board of Ethics. Councihnember Rindone seconded the motion. No vote
was taken.
Councilmember Castaneda moved to appoint Valerie McFarland to fill the third
vacancy on the Board of Ethics. Councilmember Chavez seconded the motion,
which failed 3-2, with Deputy Mayor McCann and Councihnember Rindone
voting no.
Councilmember Rindone moved to appoint Harriet Acton to fill the third vacancy
on the Board of Ethics. Deputy Mayor McCann seconded the motion, and it
carried 4-1 with Councihnember Chavez voting no.
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Reyes v. City ofChula Vista (USDC 05 CV 2309)
B. Gechter v. City ofChula Vista (GIS22609)
C. Sidock v. City ofChula Vista (GIS 15970)
ADJOURNMENT
At 9:44 p.m., Mayor Padilla adjourned the meeting in memory of Joshua Morrison, son of
National City Councilmember Ron Morrison, who passed away on September 28, 2006. A
moment of silence was observed in Joshua's honor. The meeting was adjourned to an Adjourned
Regular Meeting on October 5, 2006, at 6:00 p.m., in the Council Chambers; and thence to the
Regular Meeting of October 10, 2006, at 6:00 p.m. in the Council Chambers.
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Lorraine Bennett
Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 10, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09
p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmernbers: Castaneda, Chavez, McCann, and Mayor Padilla
ABSENT: Councilrnernbers: Rindone
ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall,
Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett
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
Deputy City Clerk Bennett administered the oath of office to Kathleen Marshall and Norma
Toothman, and Deputy Mayor McCann presented each with a certificate of appointment.
. 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 SPAY/NEUTER OF CHULA VISTA PETS AND FERAL CATS ON THE
"NEUTER SCOOTER"
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Ethington.
. 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
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Dr. York.
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SPECIAL ORDERS OF THE DAY (continued)
· PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S
METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY
SEW AGE TREATMENT
Mr. Langworthy made a presentation covering the background and options available to the City
of San Diego regarding secondary sewage treatment.
Councilmember Castaneda stated that the Council would not allow decisions made by San Diego
to affect local ratepayers without having direct participation in the decision-making process. The
City is taking a proactive approach and looking at possible ways to control its own destiny with
respect to future sewage treatment and the use ofreclaimed water.
· DID YOU KNOW...ABOUT THE CITY'S ADULT AND JUVENILE LITERACY
PROGRAM? Presented by Patrice O'Halloran, Literacy Coordinator.
Literacy Coordinator O'Halloran made the presentation on the program.
CONSENT CALENDAR
(Items 1 through 4)
1. WRITTEN COMMUNICATION
Letter ofresignation 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 NO. 2006-304, 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 OTAY 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 (SSlA), was approved for this project on May 24,
2005. The project is generally located at the northwest comer 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 SSlA, 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.
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CONSENT CALENDAR (continued)
3. RESOLUTION NO. 2006-305, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF
CITY RIGHT-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 cities of Chula Vista and 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)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2006-306, 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
funded by the state and will provide up to $201,560 for the Eastern University District
Transit Plan. The Transportation Demand Management grant is funded by the Air
Pollution Control District and will provide $388,613 for traffic congestion reduction.
(Planning & Building Director)
Staffrecommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, text waived. The motion carried 4-0, with
Councilmember Rindone absent.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Margaret Tuite, a homeowner on Ash Avenue, stated that since the City has outsourced street
sweeping services, street sweepers are avoiding the gutters and curbs. She asked how the City
could attract top quality developers and occupants when the gutters are so dirty. She urged the
Council to address the issue. Mayor Padilla directed staffto address Ms. Tuite's concerns.
At 6:55 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment
Agency meeting. The Council meeting reconvened at 6:58 p.m. with all members present except
for Councilmember Rindone.
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PUBLIC HEARINGS
5. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL
CODE TO ADD THE PROHffiITION 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 staffs analysis,
it is recommended that smoking be prohibited in City parks. (public Works Operations
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.
The following people were present and spoke in support of the proposed ordinances:
Debra Kelly, representing the American Lung Association.
Ross Porter, representing the American Lung Association, read a letter on behalf of
Maylin Chavez-Navarro of the Institute for Public Strategies.
Tanya Rovira-Osterwalder, representing the Healthy Eating, Active Communities
Initiative.
Samantha Bowman, representing the Substance Abuse Free Environment (SAFE) group.
Caryn Hoffinan, a resident, parent, and educator, spoke on behalf of other tobacco use
educators.
Amanda Burgan, student of Eastlake High School representing the Tobacco Use
Prevention and Education Club.
There being no further members of the public wishing to speak, Mayor Padilla closed the
hearing.
Deputy Mayor McCann questioned whether the proposed ordinance would apply to future parks
on Port property. Public Works Director Byers replied that the Port was considering imposing its
own restrictions. Deputy Mayor McCann asked who would enforce violations of the proposed
smoking ban. Director Byers replied that the Park Ranger would take necessary action, and if
necessary, contact the Police Department.
Councilmember Chavez asked whether a contact phone number would be posted for enforcement
purposes. Staff replied that reservation numbers were currently posted on the shelters at the park
and could be used to contact staff for Park Ranger assistance. Also, the contact number could be
posted on the proposed enforcement signs.
Councilmember Castaneda stated that he lived within 500 feet of Memorial Park and would,
therefore, abstain from voting on Item 5C. Councilmember Chavez stated that she lived within
500 feet of Rancho Del Rey Park and would abstain from voting on Item 5B.
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PUBLIC HEARINGS (continued)
ACTION:
Councilmember McCann offered the following ordinances for first reading,
headings read, texts waived:
A. ORDINANCE OF THE CITY Of .CHULA VISTA AMENDING
SECTION 8.22.030 OF THE MUNIeIP AL CODE TO PROHIBIT
SMOKING IN FRIENDSHIP PARK (FIRST READING)
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)
The motion carried 4-0, except on Item 5B, which carried 3-0-1 with
Councilmember Chavez abstaining; and on Item 5C, which carried 3-0-1 with
Councilmember Castaneda abstaining.
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)
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 were no members of the public who wished to
speak.
ACTION:
Councilmember Castaneda moved to continue the public hearing to October 24,
2006. Councilmember McCann seconded the motion, and it carried 4-0.
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)
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DRAFT
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 were no members of the public who wished to
speak.
ACTION:
Councilmember Castaneda moved to continue the public hearing to October 24,
2006. Councilmember McCann seconded the motion, and it carried 4-0.
ACTION ITEM
8. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE
PLANNING COMMISSION
Mayor Padilla noted that applicant Pat Moriarty had requested to be removed from consideration.
At 7:26 p.m., Mayor Padilla handed the gavel to Deputy Mayor McCann and left the meeting to
attend the California Coastal Commission meeting in Long Beach.
Councilmember Chavez inquired, and Deputy Mayor McCann confirmed, that all prior Planning
Commission applicants were eligible for consideration to fill the vacancy.
The following applicants were interviewed by the City Council:
Rafael Munoz
Gabriela Brannan
Councilmember Castaneda encouraged Ms. Brannan to consider a potential appointment to the
Growth Management Oversight Commission and the Resource Conservation Commission, and
he spoke in support of the appointment of Rafael Munoz to the Planning Commission.
Councilmember Chavez stated she would like to review all prior candidates prior to making a
decision.
ACTION:
Deputy Mayor McCann moved to continue the item to the meeting of October 24
for appointment by the full Council and to direct staff to forward a list to the
Council of all applicants previously interviewed. Councilmember Castaneda
seconded the motion, and it carried 3-0, with Councilmember Rindone and Mayor
Padilla absent.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
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October 10, 2006
DRAFT
OTHER BUSINESS (Continued)
10. MAYOR'S REPORTS
Consideration of Council's support of Proposition 86.
Deputy Mayor McCann requested that, due to the Mayor's absence, this item be continued to the
meeting of October 17,2006.
11. COUNCIL COMMENTS
Councilmember Chavez thanked everyone who participated in the recent Christmas in October
program.
Deputy Mayor McCann spoke regarding the success of the Christmas in October program, in
which five homes were rehabilitated; congratulated the Chula Vista Rotary Club on its successful
fundraiser Saturday at the Auld Golf Course; spoke regarding the recent Fire Department Open
House, thanking Fire Chief Perry and his staff; and requested consideration of holding an open
house at one of the west side fire stations on a regular basis, as well.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case
ADJOURNMENT
At 8:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 17, 2006
at 6:00 p.m. in the Council Chambers.
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Senior Deputy City Clerk
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October 10, 2006
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 17,2006
6:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 13
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Chavez, McCann, and Mayor Padilla
ABSENT: Councilmembers: Castaneda, Rindone (both members excused)
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Assistant City
Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Harriet Acton - Board of Ethics
Deputy City Clerk Bennett administered the oath, and Deputy Mayor McCann presented Ms.
Acton with a certificate of appointment.
. DID YOU KNOW...ABOUT THE CITY OF CHULA VISTA'S PEACE OFFICER
RECRUITING AND HIRING PROGRAM? Presented by Eric Farwell, Police Agent
and Irene Mosley, Human Resources Operations Manager.
Police Agent Farwell and Human Resources Operations Manager Mosley presented the Police
Department's peace officer recruiting and hiring program.
CONSENT CALENDAR
(Items 1 through 8)
With regard to Item 4, Councilmember Chavez asked whether assistance or resources have been
offered to residents on limited incomes. General Services Director Griffin replied that once the
Council confirms the final assessments, staff would work with individual property owners on a
case-by-case basis. Councilmember Chavez commented that if a lien is to be placed on
someone's property, staff perhaps could look for resources to help those individuals. Also with
regard to Item 4, Deputy Mayor McCann asked the level of the City's participation compared to
that of the residents. General Services Director Griffin replied that the total project cost was
$966,435.07 to date, and the residents' share was $115,178. Deputy Mayor McCann then asked
about the schedule for the remainder of the sidewalks. Director Griffin replied that the next
phase of street improvements would begin as soon as word is received from HUD regarding the
Section 108 loan.
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CONSENT CALENDAR (Continued)
Deputy Mayor McCann, referring to Item 5, requested confirmation that the contract amount of
$581,757.50 was paid by the applicant, not the City; and that a competitive process was
conducted. Staff responded affirmatively.
Regarding Item 6, Deputy Mayor McCann requested confirm-ation that a competitive bidding
process was conducted and that funding was provided by state grant funds. Staff responded
affirmatively.
1. APPROVAL OF MINUTES of August 22, August 26, September 14, September 19,
September 25, and September 26, 2006.
Staff recommendation: Council approve the minutes.
2. WRlTTEN COMMUNICATIONS
A. Memorandum from Counci1member Castaneda requesting an excused absence
from this meeting.
Recommendation: Council excuse the absence.
B. Memorandum from Councilmember Rindone requesting excused absences from
the October 10, 2006 and October 17, 2006 City Council meetings.
Recommendation: Council excuse the absences.
3. A. ORDINANCE NO. 3043, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 8.22.030 OF THE MUNlCIPAL CODE TO PROHffiIT
SMOKING IN FRlENDSHIP PARK (SECOND READING)
3. B. This item was continued to the meeting of October 24, 2006.
3. C. ORDINANCE NO. 3044, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 8.22.030 OF THE MUNlCIP AL CODE TO PROHffiIT
SMOKING IN ANY PORTION OF MEMORlAL PARK AND DISCOVERY
P ARK(SECOND READING)
3. D.ORDINANCE NO. 3045, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 8.22.00 OF THE MUNICIPAL CODE TO PROHffiIT
SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY
DESIGNATED IN THIS SECTION (SECOND READING)
Adoption of the ordinances prohibits smoking in City parks. These ordinances were
introduced on October 10,2006. (Public Works Operations Director)
Staff recommendation: Council adopt ordinances 3A, 3C, and 3D, and continue
ordinance 3B to October 24, 2006.
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October 17, 2006
CONSENT CALENDAR (Continued)
4. A. RESOLUTION NO. 2006-308, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S
REPORT FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE)
4. B. RESOLUTION NO. 2006-309, RESOLUTION OF TRE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND
THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE
DEFERRALS FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE)
4. C. RESOLUTION NO. 310, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE
ASSESSED PROPERTY AT THE SAME TIME AND IN THE SAME MANNER AS
OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2005-1
(TOBIAS DRIVE)
Construction on Tobias Drive between Naples Street and Oxford Street is now complete.
Adoption of the resolutions accepts the filing of the Engineer's Report on the cost of
construction, the deferral of assessments and the establishment of the rate of interest and
financing period applied to the deferral of assessment, and authorizes the collection of the
assessments on the County tax rol1. (General Services Director)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2006-311, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION
(CONSULTANT), AND MCMILLIN OTAY RANCH, LLC (APPLICANT), RELATED
TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
McMillin Otay Ranch, LLC filed an application for the Eastern Urban Center project.
The Environmental Review Coordinator determined that the proposed project requires the
preparation of an Environmental Impact Report (EIR). Adoption of the resolution
approves the proposed contract with PCR for an amount not to exceed $581,757.50, to
provide consultant services for the preparation of the EIR for the proposed project.
(Planning and Building Director)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-312, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING THE CONSULTANT AGREEMENT FOR
EASTERN UNIVERSITY DISTRICT TRANSIT PLAN TO IBI GROUP, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
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CONSENT CALENDAR (Continued)
The Eastern University District Plan will provide a conceptual transit-oriented plan and
designs for a critical 2,000-acre section of the master planned Otay Ranch community
with a rapid transit network linking Otay Ranch's town centers, a university campus, a
regional technology park, and other urban centers in the region. The Council previously
adopted resolutions to apply for, receive, and transfer grant funds from the state for this
project. Adoption of this resolution awards the consultant agreement to IBI Group.
(Planning and Building Director)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION NO. 2006-313, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA
HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE
ELEVENTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET
CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, has requested permission to conduct
an organized band review on Saturday, November 11, 2006, temporary street closures,
and a waiver of police service fees. Adoption of the resolution approves the request.
(Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2006-314, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY
ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR
EUCALYPTUS PARK; AUTHORIZING THE COMMITMENT OF MATCHING
FUNDS THEREFOR; AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BETWEEN KABOOM! AND THE CITY OF CHULA VISTA
As part of a planned City project to make improvements to Eucalyptus Park during the
current fiscal year, the City applied for a grant of universally accessible playground
equipment for the park. The grant was awarded on October 6, 2006. If accepted, the
KaBOOM! organization will provide state-of-the-art playground equipment for two to
twelve-year-olds, to be installed by community and other volunteers in partnership with
Healthy Eating, Active Communities (HEAC) and the Center for Healthier Communities
for Children (CHCC) at Children's Hospital. (Public Works Operations Director).
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to continue Item 3B to October 24, 2006 and approve
staffs recommendations; and he then offered the Consent Calendar, headings
read, texts waived. The motion carried 3-0.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Former Councihnember John Moot expressed concern over significant and successive budget
deficits that have occurred in the last several years and suggested that the Council and staff take
a close look at this issue. He commented that the City cannot continue to make one-time
transfers out of funds to secure structural deficits, with expenditures exceeding revenues in
succeSSIve years.
Kevin O'Neill expressed concern about the budget for street repairs, stating that if street
maintenance were deferred, repair costs would increase. He asked the Council to address this
important issue.
Russ Hall recommended that the Council conduct a budget workshop on the issue of maintaining
reserves above the required eight percent. He added that it is vitally important to move forward
quickly with redevelopment on the west side, particularly on Third Avenue and Broadway.
Mayor Padilla directed staff to prepare an information item addressing the above-mentioned
issues and bring the matter back to the Council for discussion with the public.
Daniel Richardson, representing the Healthy Eating and Active Communities project, spoke
regarding Item 8, stating that he participated in the site visit and was gratified with the City's
receipt of the grant funding. He added that the organization would be working with City staff
and other groups with the goal of improving healthy lifestyles in the community.
ACTION ITEM
9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS
AND RECREATION COMMISSION
Mayor Padilla noted that applicant Tiffany Vinson had withdrawn her application. The Council
then interviewed William Poindexter and Israel Garza.
At 7:14 p.m., Mayor Padilla recessed the meeting, pending the arrival of applicant Elizabeth
Scott. The meeting reconvened at 7:43 p.m., with all Councihnembers present, at which time the
Council interviewed Ms. Scott.
ACTION:
Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and
Recreation Commission. Mayor Padilla seconded the motion, and it failed 2-1,
with Councihnember Chavez voting no.
Further discussion ensued, and Deputy City Clerk Bennett confirmed that there would be two
vacancies occurring on this commission at the end of June 2007.
ACTION:
Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and
Recreation Commission. Mayor Padilla seconded the motion, and it carried 3-0.
Councihnember Chavez directed staff to notify Mr. Garza of future vacancies on the Parks and
Recreation Commission.
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OTHER BUSINESS
10. CITY MANAGER'S REPORTS
There were none.
11. MAYOR'S REPORTS
Consideration of Council's support of Proposition 86. (Continued from October 10,
2006)
Mayor Padilla stated that this item would be removed from the agenda and continued to a
future date.
12. COUNCIL COMMENTS
Councilmember Chavez:
A. Referral to the Public Safety Committee to analyze the current speed bump policy
and the new speed cushions in use by other cities.
Councilmember Chavez spoke about rubberized speed bumps that have been
implemented by other agencies, and she made a referral to the Public Safety Committee
to analyze the current speed bump policy, and to look at the rubberized speed bump
teclmology for possible implementation by the City in the future.
B. Consideration of participation by Youth Commissioners in City Council Meetings
to encourage youth involvement in civic matters.
Councilmember Chavez spoke about the number of existing vacancies on the City's
Youth Commission and commented that other agencies are including Youth
Commissioners as participants in their Council Meetings. She suggested that the Council
consider implementing this in order to encourage youth involvement in civic matters.
CLOSED SESSION
Closed Session was cancelled, and the following items were not discussed:
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Reyes v. City ofChula Vista (USDC 05 CV 2309)
B. Gechter v. City of Chula Vista (GIS22609)
C. Sidock v. City ofChula Vista (GIS 15970)
D. In Re: The Environmental Trust (USBC # 05-02321-LAll)
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CLOSED SESSION (Continued)
14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
One Case
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT
At 8:12 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on October 24,2006,
at 6:00 p.m. in the Council Chambers.
----.
Lorraine Bennett, CMC, Deputy City Clerk
Page 7 - Council Minutes
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