HomeMy WebLinkAboutcc min 1983/09/20STATE OF CALIFOF~NIA AFFIDAVIT OF POSTING ORDER
COIEqTY OF S~2q DIEGO ss OF ADJOUP~NMENT OF
CITY OF CHULA VISTA
I, Jennie M. Fulasz, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the re9u]ar meeting of the Council of the City of
Chula Vista was he.!d_ September 20, 1983
and said meeting was adjou. rned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on Wednesday, September 2l, ]983 at the hour of ]0:30 a.m.
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of September 20, ]983.
was held.
y Clerk
Sttbscribed and sworn to before me this
day of
19
Notary Public in and for said County
and State of California
lit
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held September 20, ]983
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: Cox, Moore, McCand]iss, Scott, Ma]c0]m
Councilmen absent: None
ADJOURNMENT
The Mayor adjourned the meeting at 9:20 p.m. until Thursday,
September 22, ]983 at 4:00 p.m. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chuta Vista, California.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO
HEREBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of September 20, ]983
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, September 20, 1983 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm,
Moore, McCandliss
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
1. APPROVAL OF MINUTES FOR THE MEETINGS OF SEPTEMBER 8 AND 13, 1983
MSUC (Cox/McCandliss) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
OATH OF OFFICE TO NEWLY APPOINTED COMMISSION MEMBERS
The Oath of Office was administered by the City Clerk to the following newly
appointed Commission members: Robert Clay Strahl to Parks and Recreation
Commission; Richard Reynolds and Richard Welsh to Board of Appeals; Kathleen
McNamara to Board of Ethics; Mary Brining, David Ferguson and Tim Nader to
International Friendship Commission; Ernest Arnold and Eugene Militscher to
Safety Commission.
b. PROCLAMATION PROCLAIMING THE DAYS OF OCTOBER 7 AND OCTOBER 8, 1983 AS
"LIONS WHITE CANE DAYS"
The proclamation was presented to Bill Wappes and Neil Trace of the Lions Club.
3. WRITTEN COMMUNICATONS (None)
4. ORAL COMMUNICATIONS
a. Linda McDermott, 1043 Hilltop Drive, Chula Vista expressed her concern
regarding people loitering outside retail establishments which sell
liquor drinking and then and driving causing a threat to children and
pedestrians. The Hilltop and Naples shopping center consisting of 13
retail establishments are faced with a great deal of loitering. Mrs.
McDermott added the California State Legislature passed AB 96 allowing
cities to pass ordinances prohibiting consumption of alcoholic beverages
in private parking lots or sidewalks near retail outlets with off-sale
liquor licenses. She suggested Chula Vista pass a similar ordinance.
City Council Meeting - 2 - September 20, 1983
MSUC (Malcolm/Moore) to refer the San Diego ordinance regarding loitering
addition or ordinance changes (from any ordinance) in Chula
Vista.
RESOLUTIONS AND ORDINANCES, FIRST READING
5. RESOLUTION 11382 APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL
' SERVICES CONTRACT WITH SEDWAY COOKE ASSOCIATES FOR
THE PREPARATION OF THE BAYFRONT LOCAL COASTAL PLAN
DATED NOVEMBER 4, 1982 TO INCLUDE THE PREPARATION OF
AN IMPLEMENTATION PROGRAM (Community Development
Director)
Community Development Director Desrochers stated the Coastal Commission has
awarded the City of Chula Vista a grant of up to $28,154 for the preparation
of an implementation program subject to the amendment of the contract with
Sedway Cooke to include option 8. The City has until September 30, 1983, to
comply with this requirement.
In addition to the implementation program, the consultant has requested
compensation for services relative to the existing Land Use Plan agreement
because of delays and reworking of the Plan due to the Corps of
Engineers/Caltrans Project. A subcommittee review resulted in the negotiated
amount of $20,925. This amount will cover the consultant's expense through
the Commission hearing set for mid-December in San Diego.
In accordance with the requirements of the California Coastal Commission, the
Sedway Cooke contract is with the City of Chula Vista while the Redevelopment
Agency is providing the funds to cover contract expenses.
All of the $20,000 expended for the preparation of the implementation program
will be reimbursed through the Coastal Commission Grant; an additional $8,000
is reimbursable from the same grant for a comparison/evaluation of the
alternative plans. $41,000 of Agency funds have been appropriated for the
implementation plan and for the additional compensation requested by the
consultant.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
6. RESOLUTION 11383 APPROVING AN AGREEMENT WITH COMMUNITY SYSTEMS
ASSOCIATES, INC. FOR THE PROVISION OF SERVICES FOR
REDEVELOPMENT PLANNING AND IMPLEMENTATION FOR THE
OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AUTHORIZING
THE CHAIRMAN TO EXECUTE SAID AGREEMENT, AND
APPROPRIATING FUNDS THEREFOR (Community Development
Director)
City Council Meeting - 3 - September 20, 1983
On September l, 1983, the Redevelopment Agency accepted a report on the
establishment of a redevelopment project area in the Otay Valley Road area and
directed staff to negotiate an agreement with Community Systems Associates,
Inc. (CSA) for services relative to establishing the area as a redevelopment
project area prior to enactment of pending restrictive legislation. On
September 14, the Redevelopment Agency approved the preliminary plan for the
Otay Valley Road Redevelopment Project and appropriated funds for the purpose
of reimbursing the City for the cost of the proposed agreement with CSA.
The total appropriation of $50,000 proposed from the General Fund would be
appropriated to Professional Services. Of that amount, $30,000 would be
encumbered for the agreement with CSA, and the additional $20,000 would be
available for other costs associated with the creation of the projecct.
On September 14, the Redevelopment Agency appropriated $50,000 (Other
Specialized Services) for reimbursement to the City of the above-proposed
costs under the terms of the cooperative agreement between the City and the
Redevelopment Agency.
Councilwoman McCandliss related her concern about not notifying residents in
the area and although there will be public hearings there has not been too
much Council discussion to the public on what the City is trying to
accomplish. Area residents are concerned with the speed at which Council is
moving. She suggested it might be appropriate to hold a Council Conference
prior to the public hearings.
Lawrence McKenna, 1237 Mt View Lane, Chula Vista expressed his concerns
regarding the lack of liaison with the Port Authority and the public not being
informed of the meetings of Planning Commission/Redevelopment Agency to
consider the future of their Otay Valley area.
Mr. McKenna was concerned with the Preliminary Plan being adopted by the
Redevelopment Agency/Planning Commission with no discussion and the effort to
beat the contract deadline with a "steam roller approach" by the Planning
Department. He stated some of the serious policy matters that need to be
expressed are growth, industrialization on contiguous property, waste
management and the two local waste dumps. He recommended Council table this
proposal until public hearings can be scheduled to get input from property
owners. If that is not possible, to strike the word "implementation" in the
third line of the resolution title.
Mayor Cox explained Council discussed redevelopment in the Otay area as far
back as August 1982 and took action creating a redevelopment district. There
will be two public hearings before the Planning Commission and two before the
Council before any final action is taken and public testimony will be
solicited at that time. Director of Community Development Desrochers
suggested inserting the word "measure" after the word "implementation".
MSUC (Malcolm/McCandliss) to amend the resolution to read "implementation
measure".
THE AMENDED RESOLUTION WAS OFFERED BY COUNCILMAN MOORE , the reading of the
text was waived by unanimous consent, passed and approved unanimously.
City Council Meeting ~ 4 - September 20, 1983
7. RESOLUTION 11384 APPROVING ENCROACHMENT PERMIT NO. PE 024 FOR
DIRECTIONAL SIGN TO EL RANCHO DEL REY UNIT 6 (City
Engineer)
A1 Wylie Associates, a local sign company, applied for an encroachment permit
to place a directional sign within the City's right-of-way for Telegraph
Canyon Road at Paseo del Rey. The sign is to direct the public to the sales
office and model homes in E1Rancho del Rey, Unit #6.
City Engineer Lippitt recommended approval of this encroachment permit with
the condition that it expire in six months, with extensions to be approved at
staff level as is the case with similar signs on private property. A maximum
of two extensions of one year each is allowed under that process.
RESOLUTION WAS OFFERED BY COUNCILMAN MALCOLM, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. RESOLUTION 11385 WITH RESPECT TO THE DESTRUCTION OF A CIVILIAN
AIRLINER BY THE USSR (Mayor Cox)
The Executive Director of the United States Conference of Mayors has requested
all member cities to adopt a resolution expressing their concern regarding the
destruction of the civilian airliner by the USSR.
RESOLUTION WAS OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
9. ORDINANCE 2049 REPEALING PARAGRAPH B OF SECTION 5.32.020 AND
AMENDING SECTION 5.32.030 of CHAPTER 5.32 OF THE
CHULA VISTA MUNICIPAL CODE, RELATING TO GARAGE SALES
- FIRST READING (Director of Finance)
At the meeting of August 16, 1983, Council directed staff to prepare
amendments to the garage sale ordinance clarifying the period during which a
garage sale may be held and providing for an increased license fee for people
who fail to obtain the license in a timely manner. The Director of Finance
recommends adopting the ordinance allowing two garage sales per year which may
run for ten consecutive days and providing for a $5 license fee when licensed
in the field.
City Manager Goss advised notices were not sent out to interested parties and
suggested a continuance.
MS (Cox/McCandliss) to continue this item.
City Attorney Harron stated if a revision of this ordinance is desired Council
comments would be appropriate at that time but not deliberation.
Mayor Cox withdrew his motion.
City Council Meeting - 5 - September 20, 1983
Councilman Moore stated the second paragraph of the ordinance was confusing as
to whether rummage sales, church bazaars,etc. were included and if the entire
ordinance was to be mailed to residents or just excerpts. Director of Finance
Grant stated the definition includes all categories. Excerpts or pertinent
points of the ordinance will be mailed out both to commercial and residential
addresses.
Discussion ensued regarding the cost of the license - $5 vs. $2 fee; purpose
of the ordinance was not to allow people to commercialize garage sales;
suggestion to put an annual notice with the water bills; having people go to
the Police Department or appropriate licensing place doesn't give motivation
to pay fee; whether people read inserts sent with their billings; if the
ordinance is really necessary.
MS (Cox/McCandliss) to file the ordinance.
City Attorney Harron stated there is an existing ordinance and the only change
would be to add the $5 for licensing in the field. With the motion on the
floor, the existing ordinance would have to be repealed.
The motion was restated.
MS(Cox/McCandliss) to file the amendment which places $5 for licensing in the
field.
The motion failed by the following votes:
Ayes: McCandliss
Noes: Scott, Malcolm, Cox, Moore
Abstain: None
MS (Moore/Scott) for a $3 fee for those delivered in the field.
Councilman Scott suggested no money be paid if people come to the Police or
Finance Department for a permit and $3 if delivered in the field.
SUBSTITUTE MOTION: MSUC (Cox/Scott) to provide for a $3 fee in field cost and
no cost permit at counter.
MSUC (McCandliss/Cox) to place the ordinance on first reading as amended, the
reading of the text was waived by unanimous consent, passed and approved
unanimously.
lO. REPORT OF THE CITY MANAGER
a. City Manager Goss requested a Closed Session after the meeting for the
purpose of meet and confer and personnel matters.
MSUC (Cox/Scott) for Closed Session at close of the meeting.
b. City Manager Goss submitted the amendments to SB 189 (Hanigan Bill).
City Council Meeting - 6 - September 20, 1983
c. State Legislature adopted the budget which puts the City's State
subventions back to projected level prior to state budget. This
eliminates the inflator for the rest of the fiscal year, thus placing the
City in the position of not being in reverse bail out. The Governor is
designating a Task Force to develop recommendations for a permanent
solution affecting cities.
d. Received notification of Mortgage Bond Allocation Committee for
development of housing for first time home owners. Ten million dollars
for Chula Vista for that allocation was approved.
REPORTS OF CITY OFFICERS AND DEPART~NT HEADS
ll. REPORT PROVIDING MICROCOMPUTERS FOR PUBLIC USE IN THE CHULA
VISTA PUBLIC LIBRARY (Library Director)
At the July 19, 1982 meeting the Council directed the Library Board of
Trustees to investigate and report back with recommendations on the
possibility of providing computers for educational purposes to citizens of
Chula Vista. The Library Board of Trustees recommended the Library should not
at this time consider the installation of a public access computer. The
Library Director's position is essentially similar to the Library Board's
position except it was her belief that consideration should be given to the
new program during the 1984-85 budget process since the Library Board's
position does not appear that definitive. Also, between now and the next
budget review process, staff will have an opportunity to explore ways to
obtain available computer equipment, either through vendor gift or State grant
and coordination with the computer program at Southwestern College will be
explored during this period of time.
MSUC (Scott/McCandliss) to accept the staff recommendation to consider this at
budget time.
Mayor Cox acknowledged the letter submitted to Council from Mr. Coye
concerning opposition for the computers in the library.
Frank Luxem, 666 Arthur Avenue, Chula Vista Chairman of the Library Board
stated their letter was written before they were fully aware of the contents
of the staff's report. The Board is in agreement with the Library Director
that it should be considered in next year's budget.
12. MAYOR'S REPORT
a. Council has been invited to the International Friendship Commission
meeting at 4 p.m. September 26, (Monday) for a report by the students on
recent trip to Irapauto, Mexico.
b. MSC (Cox/Malcolm) to direct staff to proceed with allocation of funds
previously allocated for Astrea.
The motion carried with Councilman Scott opposing.
City Council Meeting - 7 - September 20, 1983
c. MSUC (Cox/Scott) for staff to write letters to San Diego County delegates
(legislators) regarding their support of City subventions.
d. MSUC (Cox/McCandliss) letter to Senator Deddeh expressing Council's
appreciation and thanking him for his support of SB 189 which provided
the opportunity for the City to proceed with the redevelopment district
on Otay Valley Road.
13. COUNCIL COMMENTS
a. Councilwoman McCandliss requested that when notices are sent out on the
garage sales permits, it will be noted that permits could be obtained at
the Police Station after hours.
b. Councilwoman McCandliss questioned when the Odawara Committee will meet.
Mayor Cox stated they will meet soon.
c. Councilwoman McCandliss discussed the confusion driving along Telegraph
Canyon Road which has a solid white line down middle appearing to
designate two lanes but which, in fact, is a bike lane designation. City
Engineer Lippitt stated staff will look into it.
d. Councilwoman McCandliss noted the Council/City Manager retreat should be
scheduled after negotiations are completed.
e. Councilwoman McCandliss commented "McDonalds" in National City has the
largest sign ever seen.
f. Councilman Moore noted the Granny Flats ordinance should come back to
Council as someone has filed an application.
MSUC (Scott/Moore) for Council members to be provided with proposed changes
regarding Granny Flats before it comes back to Council.
g. Councilman Malcolm stated he would not be attending the National League
of Cities in New Orleans and suggested Councilman Scott be appointed as
the voting Alternate.
MSC (Malcolm/McCandliss) to appoint Councilman Scott as voting Alternate.
Councilman Scott abstained from voting.
Mayor Cox noted that Councilwoman McCandliss is now voting Delegate.
h. Councilman Malcolm discussed the fee required for vacation of the
property on Vista Way.
i. United Artists six screen theatre will have their opening on October 6,
which is the same date and the Redevelopment Agency meeting.
MSUC (Cox/Moore)for Council to attend the grand opening of United Artists
Theatres and reschedule Redevelopment Agency meeting to 4:00 p.m. instead of
7:00 p.m.
City Council Meetin9 - 8 - September 20, 1983
j. Mayor Cox stated there is a parking problem around the Bonita Store
Restaurant. Cars are parking along the asphalt berm adjacent to the
church which makes it difficult for emergency vehicles to get through.
MSUC (Cox/Moore) to refer this matter to staff to get together with County to
resolve this issue.
Council recessed to Closed Session at 8:20 p.m. The City Clerk was excused
and the Mayor reported the meeting adjourned at 9:20 p.m.
ADJOURNMENT AT 9:20 p.m. to the meeting on Thursday, September 22, 1983 at
4:00 p.m.; to the meeting scheduled for Tuesday, September 27, 1983 at 7:00
p.m.; to the Council Conference on Thursday, September 29, 1983 at 4:00 p.m.
/ ity Clerk
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