HomeMy WebLinkAboutcc min 2006/10/10
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 Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, and Mayor Padilla
ABSENT: Councilmembers: Rindone (excused)
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 SPAYINEUTER 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.
SPECIAL ORDERS OF THE DAY (continued)
. PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S
METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY
SEWAGE 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 of reclaimed 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 I 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) - OTA Y RANCH, L.P., ADELA WARE 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 (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.
Page 2 - Council Minutes
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October 10, 2006
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)
Staff recommendation: 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 staff to 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.
Page 3 - Council Minutes
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October 10, 2006
PUBLIC HEARINGS
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 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 Hoffman, 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.
Counci1member 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.
Page 4 - Council Minutes
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PUBLIC HEARINGS (continued)
ACTION:
Counci1member 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 MUNICIPAL 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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October 10, 2006
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.
Page 6 - Council Minutes
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October 10, 2006
,J
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.
cY;~~~
Lori Anne Peoples
Senior Deputy City Clerk
Page 7 - Council Minutes
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October 10, 2006