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HomeMy WebLinkAboutcc min 1987/01/13 Pg 1 Missing Minutes - 2 - January 13, 1987 CONSENT CALENDAR (3a - 15) Items Pulled: 3a, 4, 5, 6, 8, 12, 14 and 15. MSUC (McCandliss/Nader) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST TO CONSIDER RECREATIONAL FACILITY FOR CITY'S YOUNG ADULTS - Mrs. H. F. Schmidt, 1148 Third Avenue, Space 115, Chula Vista 92011 Pulled from Consent Calendar. b. REQUEST FOR DRINKING FOUNTAIN IN HILLTOP PARK Sidney J. Jolly, 731 "G" Street, #E8, Chula Vista 92010 The City Manager recommended this letter be received and filed inasmuch as Mr. Jolly has been advised that a drinking fountain currently exists next to the restroom in Hilltop Park. c. REQUEST FOR FOUR FLAG POLES TO BE ERECTED IN FRONT OF LEGISLATIVE OFFICES ON DAVIDSON STREET Niek Slijk, Executive Director, Chamber of Commerce, 233 Fourth Avenue, Chula Vista 92010 The City Manager recommended that Mr. Slijk's suggestion be referred to the 1987-88 budget process for consideration. d. REQUEST FOR REFUND OF $3,000 PAID FOR FINAL MAP - Continental Associates, Susan M. Hawks, (Orange Tree Mobilehome Park), 7970 Convoy Court, San Diego, CA 92111 This request from Continental Associates has not been fully evaluated by staff, due to the lateness in receiving the letter. It was noted that another letter was received from Continental Associates asking that the refund be for whatever portion of the fee is not used in processing the map. The City Manager recommended denial of the request. 4. RESOLUTION ESTABLISHING POSITION OF OFFICE MANAGER FOR MAYOR AND CITY COUNCIL OFFICE (Deputy City Manager) Pulled from Consent Calendar. 5a. RESOLUTION ADOPTING THE CITY COUNCIL LEGISLATIVE POLICY (Deputy City Manager) Minutes - 3 - January 13, 1987 b. RESOLUTION ADOPTING THE 1987 LEGISLATIVE PROGRAM c. RESOLUTION APPROVING THE PURCHASE OF CITYLINK AND APPROPRIATING FUNDS THEREFOR Pulled from Consent Calendar. 6. RESOLUTION REVERTING PARCEL 2 OF PARCEL MAP 5481 TO THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT (Director of Parks & Recreation) Pulled from Consent Calendar. 7. RESOLUTION 12872 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO CONTRACT FOR INMATE WORK CREWS TO PERFORM PARK MAINTENANCE PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation) The San Diego County Probation Department administers and operates work camps in eastern San Diego County. Work crews of 15 to 18 low security inmates closely supervised by an Assistant Deputy Probation Officer are available to government entities to perform labor intensive maintenance projects such as weed abatement, culvert cleaning, litter control, park maintenance and brush clearance. It was proposed that the Park Division utilize these crews in maintenance projects involving renovation of landscape median islands on Telegraph Canyon Road; renovation of the landscaping strips in front of the Police Department; clearing of fire breaks in Open Space areas and brush clearance in parks. 8. RESOLUTION AMENDING MASTER FEE SCHEDULE FOR ADOPTION OF ANIMALS (.Director of Public Safety) Pulled from Consent Calendar. 9. RESOLUTION 12873 REMISING, RELEASING AND QUITCLAIMING CERTAIN REAL PROPERTY IN SAID CITY TO THRIFTY OIL COMPANY EASEMENTS ON PARCELS 100-105 KUEBLER TERRACE NO. 7, MAP 2917, AND AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEED (Director of Public Works/City Engineer) The Thrifty Oil Company has two 6-foot public utility easements run through the property at 666 "H" Street. The easements are shown on the original subdivision map, but were not dedicated or accepted on the title sheet as is usually the case. Upon suggestion of the City Attorney's Office, a quitclaim of the easements by the City is appropriate in lieu of vacation. Minutes 4 January 13, 1987 All of the utility companies were contacted regarding the City's intent and have no objection. 10. RESOLUTION 12874 ACCEPTING GRANTS OF EASEMENT FROM GARDNER INVESTMENT PROPERTIES FOR STORM DRAIN IN LOT 105, AND SEWER PURPOSES IN LOTS 106 AND 107 OF CHULA VISTA WOODS SUBDIVISION (Director of Public Works/City Engineer) On June 17 and July 15, 1986, the City Council approved the Final Maps for Units 1 and 2 of the Chula Vista Woods Subdivision. The developer proposes to grant easements for sewer and storm drain facilities to the City across lots 105, 106 and 107 of Unit 2 to allow for future development of the adjacent property. lla. RESOLUTION 12875 APPROVING AN AGREEMENT WITH GEORGE T. SIMPSON FOR PROJECT MANAGEMENT SERVICES FOR THE PREPARATION OF THE EAST CHULA VISTA DEVELOPMENT IMPACT FEE FINANCING PLAN AND APPROPRIATING FUNDS THEREFOR (Director of Public Works/City Engineer) b. RESOLUTION APPROVING AN AGREEMENT WITH WILLDAN ASSOCIATES, ENGINEERING CONSULTANTS, AND APPROPRIATING FUNDS THEREFOR (Director of Public Works/City Engineer) On March 11, 1986, Council adopted an interim Development Impact Fee for the EASTLAKE I development. Subsequently, the Bonita Long Canyon development of MCMILLIN has also been required to pay these interim Development Impact Fees. It is proposed that consultants be engaged to prepare a permanent Development Impact Fee Ordinance would require the payment of an impact fee by all benefiting developments in the area east of 1-805 for all public facilities necessitated by development of the area. The consultant contracts provide for a total payment of $75,300.00. G. T. SIMPSON Infrastructure Planning and Finance $18,000.00 WILLDAN ASSOCIATES $57,300.00 Funds are available from the Development Impact Fees paid by EASTLAKE DEVELOPMENT COMPANY for EASTLAKE I and McMILLIN DEVELOPMENT for BONITA LONG CANYON. 12. RESOLUTION AUTHORIZING ONGOING TRAFFIC ANALYSIS FOR OTAY MESA AND APPROPRIATING FUNDS (Director of Planning) Pulled from Consent Calendar. 13. This item was pulled from the Agenda. Minutes 5 January 13, 1987 14. ORDINANCE REPEALING AND ADDING CHAPTER 1.30 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES - FIRST READING (Assistant City Attorney) Pulled from Consent Calendar. 15. ORDINANCE AMENDING SECTION 19.04.007 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DEFINITION OF ADULT BOOKSTORE FIRST READING (Assistant City Attorney) Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING CONSIDERATION OF UTILITY USERS' TAX (Director of Finance) RESOLUTION 12877 ESTABLISHING THE RATE FOR THE UTILITY USERS' TAX BETWEEN JANUARY 1, 1987 AND JUNE 30, 1987 This being the time and place as advertised, Mayor Cox declared the public hearing open. In his report to the Council, the Director of Finance explained that City Ordinance 1803 approved and adopted by the City Council on June 29, 1978 requires the City Council to review the Utility Users' tax rate mid-year and also at the public hearing adopting the annual budget. Utility users' tax revenue for the fiscal year 1985-86 was $1,773,736. The budget estimate for 1986-87 is $2,130,540 based on the present tax rate on telephones of 5% and consumption factors of .0025 for electricity and .00919 for gas. The budget estimate for fiscal year 1986-87 includes $382,000 attributable to the newly annexed Montgomery area and explains the increase over fiscal year 1985-86. Staff recommends maintaining the same rate. There being no public testimony either for or against, the hearing was closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes 6 January 13, 1987 17. ORAL COMMUNICATIONS a. Carmen Sandoval, representing Assemblyman Peace's office, presented the Council with petitions containing over 1000 signatures asking for the immediate closing of THAD'S (sexual encounter club). Others also speaking in support of the closure were: Joy Ireland, 1555 Broadway, Chula Vista, Don Schock, Calvary Chapel of Chula Vista, 853 Blackwood Road, Chula Vista 92010, Teresa Cerda, 571 Fourth Avenue, Chula Vista 92010 and Ruth Crockett, 65 Third Avenue, Chula Vista 92010. b. Mrs. Ruth Crockett, 65 Third Avenue, Chula Vista 92010 spoke in opposition of the closing of Fifth Avenue. Mayor Cox noted that no action has been taken On this item and final action will be scheduled at a public hearing. PULLED ITEMS 3a. REQUEST TO CONSIDER RECREATIONAL FACILITY FOR CITY'S YOUNG ADULTS - Mrs. H. F. Schmidt, 1148 Third Avenue, Space 115, Chula Vista 92011 Mrs. Schmidt addressed concerns that many of the young people drive to other cities to enjoy an evening of dancing on Friday and Saturday night. The City Manager noted that weekend dances are currently being held at local schools and recreation centers throughout the City and that numerous young people from other cities come to Chula Vista to participate in those programs. He also suggested that the reintroduction of a Youth Commission in the community may provide further consideration and opportunities for expanding such activities if it can be shown present programs are not meeting the needs and desires of the younger community. Councilman Nader stated he would like to see the Youth Commission reactivated so that requests such as these could go to them for input. Mayor Cox indicated this same request was made by Councilwoman McCandliss last November for a staff report back. Director of Parks & Recreation Manuel Mollinedo said he would have a report back to the Council within one month. MSUC (Nader/McCandliss) for the City Clerk to advertise for vacancies on the Youth Commission and to begin accepting applications. Minutes 7 January 13, 1987 MSUC (Cox/Moore) to refer Mrs. Schmidt's request to the Parks & Recreation Commission and staff. 4. RESOLUTION 12878 ESTABLISHING POSITION OF OFFICE MANAGER FOR MAYOR AND CITY COUNCIL OFFICE (Deputy City Manager) At its June 9, 1986 deliberation on the FY 1986-87 budget, the City Council appropriated $40,000 for an administrative position in the Office of the Mayor and City Council and directed staff to formulate a recommended job description for the position. The recommendation was for Council to: 1. Establish the position of Office Manager for the Mayor and City Council Office as a middle management position in the classified service with a salary range of $30,075 to $36,566; 2. Approve the classification specification for the new position; and, 3. Authorize the purchase of equipment for the new position, ~ith funds remaining from the $40,000 appropriated for the position. Adequate funds are included in the Mayor and City Council Office's FY 1986-87 budget. Assuming a March 1 hire date, the estimated FY 1986-87 costs are: Salary: $10,500 Benefits 2,300 Equipment 11,800 Cabinetry 200 $24,800 Councilman Nader stated that he would like to add another duty to the position: the responsibility of keeping the City Council library up to date. MSUC (Nader/McCandliss) to amend the job description for the responsibility of coordinating some type of up-to-date library facility for the City Council/Mayor. Councilwoman McCandliss expressed her concerns about adding this position. Although the position will be under the City Manager, she feels that would be on paper only. Councilwoman McCandliss compared this position with that of similar positions in other cities and in the County which she indicated brings distrust between the Manager and Mayor's offices. Councilman Malcolm disagreed stating the Mayor/Council office needs is to have some checks and balances in the City. The Mayor is a full time position and there needs to be a person in that office other than the secretary who will work strictly for Council. Minutes 8 January 13, 1987 Mayor Cox responded Chula Vista has the City Council/City Manager form of government. He is appreciative of that form of government and wants that preserved. The new position will be accountable to the City Manager as well as the City Council and therefore, there should be no question as to any abuse of that position. Mayor Cox added that Chula Vista is increasing in population and he needs more help in his office. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, as amended, the reading of the text was waived by unanimous consent, passed and approved with Councilwoman McCandliss voting "no." 5a. RESOLUTION 12879 ADOPTING THE CITY COUNCIL LEGISLATIVE POLICY (Deputy City Manager) b. RESOLUTION 12880 ADOPTING THE 1987 LEGISLATIVE PROGRAM c. RESOLUTION 12881 APPROVING THE PURCHASE OF CITYLINK AND APPROPRIATING FUNDS THEREFOR During the past year, the City Counci'l has taken an active role in communicating its position regarding the impact of State and Federal legislative proposals, and/or/administrative regulations, on the City. In response to this activity, and in an effort to assist the City Council and staff in being better prepared to respond to future legislative and administrative proposals, staff has prepared the legislative policy which sets forth guidelines for reviewing and establishing a City position related to all legislative and administrative matters affecting the City. Included in the report is the proposed 1987 Legislative Program which outlines general legislative areas the City will monitor during the coming legislative year. Finally, this report discusses the benefits of CITYLINK, an automated legislative information network service, which is being proposed to assist staff in tracking the status and potential impact of new legislation. The recommendation was for Council to approve the resolutions and to appropriate $2,890 for purchase of CITYLINK, a computerized legislative network service. Councilman Nader stated he was concerned with 5b, the Legislative Program, adding that another item should be put down under the public safety factor and that is the drug abuse and sales. He noted that the majority of felony cases he works on have drug related activities involved. MSUC (Nader/Malcolm) to amend the program under the Public Safety heading to include that the Council would be advocating legislation that would drastically increase the penalty for sales-for-profit of especially dangerous drugs including but not limited to PCP, methamphetamines and narcotics (add #3 under I - Public Safety). Minutes - 9 - January 13, 1987 Councilman Nader included in the motion having life sentences for those involved in these drugs. Councilman Malcolm agreed to the second and the motion carried unanimously. Councilman Nader questioned the Firefighter's legislative action, I-2: I. Public Safety 2. Oppose efforts which mandate a firefighter cancer presumption clause. Mayor Cox noted that this is the cancer provision given to firefighters and it does not have to be proven whether or not it is job related. Councilman Nader asked that this be a separate item and hold it over for one week. City Manager asked the Council to approve the entire program just deleting that item. MS (Cox/McCandliss) to approve the Legislative Program deleting that particular item (I-2). Councilman Moore stated he would like to have the following items come back to Council since they are regional concerns and would involve a great deal of cost. He referred to Attachment A, A-5: A. Bayfront - Redevelopment 5. Support Consolidate control and administration of environmental regulations and enforcement; presently in Dept. of Interior; Corps of Engineers; Dept. of Commerce; (NOOA); Environmental Protection Agency (EPA) B-l, a through d: B. Environmental Protection 1. Support efforts that: a. Approve the coordination of State, Federal and local agency responses to air quality control, energy, and environmental protection. b. Seek funds for facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana Minutes - 10 January 13, 1987 c. Encourage development of I~ environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity d. Support efforts to provide funding to study the water quality-toxic pollution in San Diego Bay D-2: D. General Government 1. Oppose efforts to impose greater restrictions on local government through amendment of the Brown Act 2. Support efforts to fund school facility construction programs E. Housing & Community Development 1. Support efforts to: a. Develop Federal and State participation and financial support for creative programs to provide '~ adequate housing for the elderly, handicapped, and the low-income persons throughout the community b. Maintain and create tax incentives for private revitalization of existing commercial, industrial and housing resources where such assistance benefits the City Councilman Malcolm stated that as a member of the Legislative Committee, these items which are extremely costly would come back to the City Council for action. Councilwoman McCandliss stated that she would like to see included in this Legislative Program modifications of that language. She would also like to see the details of these bills come back to council before final approval. Deputy City Manager Morris commented these would be included in the Program but rather than allowing staff to take automatic action, they would be brought back to the Council. Minutes 11 - January 13, 1987 SUBSTITUTE MOTION MSUC (Moore/Malcolm) for the items mentioned (A5, B1 a through d, B2, E-1 a, b, and I-2) to be grouped in a separate area with a different philosophy and the philosophy would be they would remain in the program staff is ~ell aware of it - the Legislative Committee is well aware of it - but they cannot act automatically as stated in the Legislative Program. AMENDMENT TO MOTION MS (Nader/McCandliss) to remove item I-2 from the list. Councilman Malcolm stated rather than deleting I-2 he would like to see this come back next week for action. He is ready to vote on it tonight; however, out of courtesy to his colleagues he will vote to have it come back as a future agenda item. Councilman Nader amended his motion to state this item be brought back in 2 weeks and approve the balance of the Legislative Program. Councilwoman McCandliss agreed to the second and the motion carried unanimously. RESOLUTIONS 5a, b and c OFFERED BY MAYOR COX, the reading of the texts were waived by unanimous consent, passed and approved unanimously. 6. RESOLUTION REVERTING PARCEL 2 OF PARCEL'MAP 5481 TO THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT (Director of Parks & Recreation) In 1977, the City of Chula Vista and the Southwestern Community College District entered into an agreement to develop a Horticultural Garden Park on 19 acres of college property. The Community College District issued a grant deed for the property to the City which contained the stipulation that if the property- were not used as a Horticultural Garden Park, the property would revert back to Southwestern Community College. On September 16, 1986, Mr. Joseph M. Conte, the President of the college, requested reversion of the Horticultural Garden Park site stating the site appears to be no longer appropriate for such use. The college would like to have the land so that it may be used for future educational facility expansion or for possible sale to a developer as residential home sites and offered the City the use of land east of DeVote Stadium for possible development of a multiple use youth soccer recreation area. Minutes 12 - January 13, 1987 The Director of Parks & Recreation advised that the City has no immediate plans to develop the Horticultural Garden Park; therefore the ownership of the property should revert to the Southwestern Community College District as per agreement. If the City pursues developing the parcel of land east of DeVore Stadium, the development cost could range from $275,000 to $400,000. In addition the City would need to appropriate funds for the park maintenance of this area. City Manager Goss asked that this item be referred to the next joint meeting of the Council/School Districts. The Council concurred with this recommendation, Councilman Nader commented he would still like the potential of seeing the botanical garden in that area and does not want to see this written off as a possibility. 8. RESOLUTION 12882 AMENDING MASTER FEE SCHEDULE FOR ADOPTION OF ANIMALS (Director of Public Safety) Staff has administered an Adoption Program at the Animal Shelter since 1980. This program was significantly altered in 1986 when a new law was passed that required dogs and cats to be either spayed or neutered prior to adoption or have the person make a deposit which would be refunded after proof of spay or neuter was provided. Since this program was implemented in June of 1986, the monthly average on dog adoptions has decreased from thirty-three to twenty-one. Mercy Crusade, Inc., an animal welfare organization, has petitioned the City to reduce the overall adoption fee in order to increase the numbers of animals that are adopted. Current adoption fee is: Spay/Neuter Deposit $40.00 Adoption Fee 21.50 C.V. Dog License 9.00 Rabies Shot 8.00 Total $78.50 Staff's recommendation for a new fee schedule is as follows: Current Fee Recommendation Spay $40.00 Under 40 lbs - $30.00 Over 40 lbs - $40.00 Neuter $40.00 Under 40 lbs - $20.00 Over 40 lbs $25.00 Adoption Fee $21.50 $13.00 T Minutes - 13 January 13, 1987 Dog License $ 9.00 NO fee for first year , Rabies Shot $ 8.00 $ 8.00 Councilwoman McCandliss stated she would like to see the item of giving pets to seniors referred to the Commission on Aging. Toni DiMaggio, representing the Mercy Crusade, 4328 Mt. Putman Drive, San Diego 92117, said she has been involved in this particular item since last summer. People have called her stating they want to adopt animals but that Chula Vista's rates are much too high. She noted that the Human Society has an excellent program to provide pets for senior citizens which are provided free of charge. Mrs. DiMaggio asked that the rates be reduced to having the adoption fee of $5, a simple deposit of $30 for all female dogs, and the rabies shot of $8, and no quarrel with the spay/neuter deposits ($20 and $25). As for cats, she would like to see a $5 adoption fee. Mrs. George Hutchinson, Friends of the County Animal Shelter (FOCUS), 6161 La Pintura Drive, La Jolla 92037, stated she agrees with Mrs. DiMaggio that Chula Vista's fees are too high. She asked that Council "reach into the community and develop a partnership with the County Animal Control Shelter" and adopt the County fees. Director of Public Safety Winters answered the Council's questions pertaining to the loss of revenue if the fees are reduced; the five staff people working at the shelter; and its $250,000 budget. MSC (Cox/Malcolm) to amend the Master Fee Schedule to establish a fee of $25 for either neuter or spay deposit and have an adoption fee of $10 regardless of the weight of the animal, the rabies shot to remain at $8 and no dog license fee for the first year. Mayor Cox indicated if a person can get a rabies shot for their animal at less than $8, they can come back to the Shelter with this proof and get reimbursed. Councilman Moore discussed the liability of allowing a dog to leave the Shelter without a rabies shot and added that the animal shelter was never intended to be a self-supporting facility. Mayor Cox included in the motio9 giving this reduction in fees a four month trial basis which would then come back to the Council at budget time. He added that if the Council could encourage more people to adopt animals in a shorter period of time, it will amount to savings for the shelter. Minutes - 14 January 13, 1987 Councilman Malcolm agreed to the second and the inclusion carried with Councilman Moore voting "no." Councilman Nader stated he preferred to keep the $13 adoption fee. MSC (Cox/Nader) to amend the motion to go ahead and continue with the $13 adoption fee, the deposit of $25, the rabies shot $8 (noting this could be a lesser fee), for a total of $46. Councilman Moore voted "no." MSC (Malcolm/Nader) to include in the Fee Schedule as outlined the $13 adoption fee for cats also. This too is to be reviewed in four months. Councilman Moore voted "no." Mayor Cox asked that the Animal Shelter be placed on the next City Council Tour, scheduled for March. 12. RESOLUTION 12883 AUTHORIZING ONGOING TRAFFIC ANALYSIS FOR OTAY MESA AND APPROPRIATING FUNDS (Director of Planning) At the November 1986 Otay Mesa Policy Committee meeting, the City of San Diego, County of San Diego, and City of Chula Vista directed additional traffic/land use analysis be conducted by SANbAG for Otay Mesa and the South Bay Region. The additional runs will be made by SANbAG and take approximately 4-6 months to · - complete. The total cost is estimated at $12,000 to be split among the three jurisdictions. Chula Vista would pay $4,000. Funds would need to be appropriated from the General Fund and placed into Account #1430-5201- Professional Services Transportation Studies. Mayor Cox stated he owns land in the area and therefore will be abstaining due to a possible conflict of interest. Councilwoman McCandliss referred to a news article whereby it reported that Chula Vista and the City of San Diego were both being unreasonable and had not stemmed development within their own jurisdictions. The Council should make it clear to the County why they are taking this action. The City Council's action was based on the fact that the City of San Diego did not take any action and the Council felt that unilaterally making any decisions in the Otay Valley Road area would not achieve anything and further, the City is more than willing to work cooperatively on this. MSUC (McCandliss/Moore) to have staff send a letter over the Mayor's signature to the County explaining the City Council's action. Minutes - 15 January 13, 1987 RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved with Mayor Cox abstaining. 14. ORDINANCE 2187 REPEALING AND ADDING CHAPTER 1.30 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES FIRST READING (Assistant City Attorney) The current ordinance regarding abatement of public nuisances requires a 30-day written Notice of Violation followed by a second Notice of Hearing on the alleged nuisance before the City Council. It further requires City Council determination of the existence of a public nuisance in the form of a resolution, which resolution must be served not later than 14 days following the decision. The new procedure should: 1. Make the time shorter in which to determine whether or not a public nuisance exists; 2. Clarify the powers of the City officer declaring the public nuisance to exist; 3. Clarify the procedure used at a hearing before the City Council to determine whether a public nuisance exists as alleged; 4. Provide due process protection for appellants in that hearing and a potential subsequent hearing with regard to the costs of abatement, which may ultimately be imposed as a lien on the property and collected with other taxes. Councilwoman McCandliss questioned the time period given for the abatement noting it is now 30 days. She felt that after the date of determination, the time schedule should be reduced to perhaps 3 days. MSUC (Nader/Malcolm) to amend the ordinance to state that the abatement is within 3 days unless a longer period of time is specified by the City Council. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. ORDINANCE 2188 AMENDING SECTION 19.04.007 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DEFINITION OF ADULT BOOKSTORE FIRST READING (Assistant City Attorney) Minutes - 16 - January 13, 1987 At its December 16, 1986 meeting, the City Council approved a report regarding the status of the "F" Street Bookstore and directed the City Attorney to present an amendment to the Code to bring the City's definition of an adult bookstore into conformity with that of the County. This amendment will bring the City ordinance into conformity with the County provision. In answer to Councilman Malcolm's question regarding the 15% adult materials in the bookstore, City Attorney Harron noted recent Court rulings and the City of Whittier's litigation on this issue. Mr. Don Schock, 853 Blackwood Road, Chula Vista 92010, representing Calvary Chapel Church, asked for more time on this particular item so that he can give his input to the City Attorney. He is concerned that the City Council does not have the initiative to direct this bookstore to be closed - it is immoral, leads to sex-related crimes and moral decay. Councilman Nader noted that there is an ordinance in the City prohibiting the sale of drug-related paraphernalia. If any of the citizens have knowledge of the sale of any paraphernalia in this store or any other, he would urge them to contact the Police Department. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 18. REPORT OF THE CITY MANAGER a. City Manager Goss introduced Martin Nelson, the new Director of Personnel. b. City Manager Goss gave a report on the Traffic Control Projects now pending in the City. 19. MAYOR'S REPORT a. BUDGET RECESS Mayor Cox noted the heavy budget sessions by the Council every year noting that the week of July 4th has been set aside as Council Policy not to have a Council meeting. He suggested that the Council not meet after the close of the Budget Session, which would be the last week in June. MSUC (Cox/Moore) to establish as a Council Policy a "dark period" of no Council meetings (unless there is a need for emergency action) for the last week of June and the first week of July. Minutes - 17 - January 13, 1987 b. COMMISSION APPOINTMENTS MSUC (Malcolm/McCandliss) to approve the following appointments to the International Friendship Commission and Safety Commission: International Friendship Commission - Kelly Brennan, Sandy Palumbo, June Brines (re-instatement) Safety Commission - George Smith c. CONSTITUTION BICENTENNIAL COMMITTEE Mayor Cox noted that the Bicentennial of the U.S. Constitution will be in September 1987. He asked for authorization to see if there was any interest in the community and to appoint a committee. MSUC (Malcolm/McCandliss to authorize the Mayor to appoint this committee. 20. COUNCIL COMMENTS a. Councilman Malcolm remarked he would like to see the Utility Users' Tax remain permanent with no need for semi-annual public hearings. b. Councilman Malcolm discussed the need for the acquisition of the bowling alley on "E" Street. City Attorney Harron noted this is a pending litigation item and can be discussed in Closed Session. c. Councilwoman McCandliss asked when the City ordinance on the Brown Act will become effective. City Attorney Harron noted it was 30 days after the second reading (February 6). Council recessed to Closed Session at 10:00 p.m. and the City Clerk was excused. The City Manager reported that the Closed Session ended at 10:30 p.m. ADJOURNMENT AT 10:30 p.m. to the meeting of January 20, 1987 at 7 p.m. 0942C