HomeMy WebLinkAboutReso 2007-281
RESOLUTION NO. 2007-281
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACKNOWLEDGING THE VOTE OF 3-1-1 IN
FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE CITY
COUNCIL OF CHULA VISTA ON NOVEMBER 13, 2007; AND
DIRECTING THE CLERK TO: (I) PROCESS THE RESOLUTION
RELATED TO ACCEPTING THE DOWNTOWN PARKING
MANAGEMENT STUDY; APPROVING THE DOWNTOWN
PARKING INTERIM ACTION PLAN; AND DIRECTING STAFF
TO PREPARE A DOWNTOWN PARKING MANAGEMENT
PLAN; AND, (2) BRING BACK THE ORDINANCE OF THE CITY
OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTERS 10.56 MODIFYING PARKING METER
RATES AND 10.62 MODIFYING THE OVERTIME PARKING
FINE RATE FOR ITS SECOND READING
WHEREAS, on November 13, 2007, the City Council considered Items 8(a) (a resolution
accepting the Downtown Parking Management Study, approving the Downtown Parking Interim
Action Plan, and directing staff to prepare a Downtown Parking Management Plan) and 8(b) (an
ordinance to amend Chula Vista Municipal Code, Chapters 10.56 and 10.52, modifying parking
meter rates and modifying the overtime parking fee); and
WHEREAS, staff made a presentation, public comment was taken, and City
Councilmembers asked questions and expressed their opinions; and
WHEREAS, a motion was made to approve and adopt the resolution and the ordinance with
amended language proposed by Mayor Cox; and
WHEREAS, the motion was seconded, the vote occurred and the roll was taken. The vote
was 3 members in favor, I opposed, and I member abstaining; and
WHEREAS, based on a notation on the City Council Agenda Statement that a 4/5ths vote
was required for the ordinance, the City Clerk and the Councilmembers believed that the vote to
approve and adopt the ordinance had failed; and
WHEREAS, acting under this mistaken belief, when asked about the status of the
resolution, the City Manager expressed that without the funds that would be derived from the
enactment of the ordinance, the actions under the resolution could not be carried out. Based on this
statement, the City Clerk did not process the resolution; and
WHEREAS, the City Attorney has since informed staff that the adoption of the ordinance
required only a 3/5ths vote; thus, according to the City Charter and other laws, the ordinance passed
with 3 votes in favor; and
Resolution No. 2007-281
Page 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity, for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the
action is reaffirming a previous action taken by Council (See City Council Agenda Statement,
Item 8, November 13, 2007); therefore, pursuant to Section 15060 (c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does
hereby acknowledge that the vote for Item 8(a), a RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE DOWNTOWN PARKING MANAGEMENT
STUDY, APPROVING THE DOWNTOWN PARKING INTERIM ACTION PLAN, AND
DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT STUDY; and
Item 8(b), an ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 10.56 MODIFYING PARKING METER RATES AND
10.62 MODIFYING THE OVERTIME PARKING FINE RATE, which transpired on
November 13,2007, was 3 members in favor, I opposed, and I abstaining.
BE IT FURTHER RESOLVED that the City of Chula Vista City Council direct the City
Clerk to record the outcome of the vote, provide the public with notice of the vote, process the
resolution, and bring back the ordinance for its second reading.
Presented by
Approved as to form by
<~~~~~~.
Ann Moore
City Attorney
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Ann Moore
City Attorney
--------~
Resolution No. 2007-281
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of December 2007 by the following vote:
AYES: Councilmembers:
McCann, Ramirez, Rindone, and Cox
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
Castaneda
~.'i'
~
i ,~
Cheryl Cox a or
ATTEST:
;f~l-~~
~ Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-281 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 4th day of December 2007.
Executed this 4th day of December 2007.
/jJ/la-_ ,Ab~
r Susan Bigelow, MMC, City Clerk