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HomeMy WebLinkAboutcc min 1999/05/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA May I 1, 1999 6:00 p.m. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p,m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. I. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Hotton. ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of May 4, 1999 (Joint Meeting of the Redevelopment Agency and City Council). ACTION: Mayor Pro Tem Salas moved to approve the minutes as submitted Councilmember Davis seconded the motion, and it carried 5-0. 4. SPECIAL ORDERS OF THE DAY A. Oath of Office: John McCann - Housing Advisory Commission (At-Large) City Clerk Bigelow administered the oath of office, and Mayor Pro Tern Salas presented the certificate of appointment. B. Presentation of a check in the amount of $5,000 to establish a new scholarship by Metallic Power to Southwestern College for a science, engineering or technology student JeffColborn fi'om Metallic Power presented the check to Dr. Sharon Taylor, Special Assistant to the President of Southwestern College. Mr. Colborn, representing Metallic Power, presented the check to Dr. Taylor. CONSENT CALENDAR (Items 5 through 7) 5. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May 4, 1999, there were no actions taken which are required under the Brown Act to be reported, Staff recommendation: The letter be received and filed, CONSENT CALENDAR (Continued) Letter of resignation from the Mobilehome Rent Review Commission - Earl D. Biggets. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. ORDINANCE 2779, ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE (SECOND READING AND ADOPTION) The San Diego region has identified a dangerous trend emerging in the production of methamphetamine. Ephedrine is used as a key precursor chemical in the production of methamphetamine. Manufacturers of methamphetamin frequently purchase over-the-counter medications containing ephedrine in large quantities. Due to the significant impact of methamphetamine use in southern California, the City of San Diego along with other communities, such as Chino and San Bernardino County, have adopted ordinances to curb the availability of ephedrine. Adding an effective ordinance to the Municipal Code prevents the sale of excessive amounts of over-the-counter products containing ephedrine. Staff recommendation: Council place the ordinance on second reading for adoption. (Chief of Police) RESOLUTION 19451, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "MAIN STREET IMPROVEMENTS BETWEEN ALBANY AVENUE AND REED COURT 1N THE CITY (STM-333)" PROJECT On April 2I, 1999, sealed bids were received. The general scope of the project involves the reconstruction of the existing pavement and the installation of curb, gutter and sidewalk improvements along the north side of Main Street between Albany Avenue and Reed Court in front of the Otay Recreation Center (now under construction), Staff recommendation: Conncil adopt the resolution. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Carolyn Butler, 97 Bishop Street, discussed the definition of "neighborless," referring to the condemnation of land surrounding new development, and its adverse impact on businesses. William Claycomb, 409 Paln Avenue, Suite 100, Imperial Beach, talked about the importance of replacing gasoline in vehicles with fuel cells. Joan Wisser, 834 Lori Lane, commented on "neighborless" and the condemnation of land, the cost to construct SR 125 and smaller streets in the City, a fire burn at Otay Mesa, and the potential detachment of the newly developed eastern area of the City after the City has paid for all the new infrastructure. Page 2 05/11/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES PUBLIC HEARING PCC-95-47M REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT AS 1T PERTAINS TO THE CONDITIONS FOR HOURS AND LOCATIONS OF ALCOHOLIC BEVERAGES AT THE UNIVERSAL-COORS AMPHITHEATER - OGDON ENTERTAINMENT, INC. RESOLUTION 19452, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M, TO ALTER THE HOURS AND ADD LOCATIONS FOR THE PROVISION OF ALCOHOLIC BEVERAGES AT COORS AMPHITHEATER B. RESOLUTION 19453, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M ,FOR THE PROVISION OF ALCOHOLIC BEVERAGES AT KOBEYS MARKETPLACE The request is to: ( I )modity the hours of general alcoholic sales at concert events; (2) modify the hours of alcohol sales in the VIP (Silver Bullet) Lounge; (3) add an exterior pre-concert beer garden for alcoholic beverage sales; (4) allow for the sale of beer at the open air (Kobey's) market concession stand; and (5) allow for private party beer gardens inside the amphitheater before concerts Staff recommendation: Council adopt the resolution. (Director of Planning and Building) 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 Horton opened the public hearing and asked if anyone from the audience wished to speak. Dan Tomsky, 6366 Park Ridge Boulevard, representing tile San Diego County Council on Alcohol Policy, spoke in opposition to the expansion of alcohol sales, citing his concerns about public safety and underage drinking. Theodora Gentry, 5257 Solola Avenue, representing Chula Vista Youth Coalition and The South Bay Partnership, stated that she works with groups to reduce youth alcohol consumption, and she expressed concern about the proposed extended hours and additional sites for alcohol sales at concerts. Melissa Garr, 1132 East 22'"nd Street, National City, representing the National City Task Force, stated that she also works with youth on alcohol-related problems, and she was concerned about drunk driving and about the message being sent to youth by increasing alcohol sales at concerts. Dr. Deborah Robles, 1812 Port Renwick, asked the Council to deny additional alcohol sales, stating that she was shocked by all the alcohol drinkers at concerts and also concerned about them driving. She felt that extended hours for alcohol sales would not better serve the people of Chula Vista. Carolyn Butler, 97 Bishop Street, stated that drunk concert goers now drive through her neighborhood, and she objected to the Police Department's support of the proposed resolutions. Page 3 05/I 1/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) There being no one else from the audience wishing to speak, Mayor Horton closed the hearing. The Mayor and Councilmembers discussed the five requests and decided to consider each separately. Following discussion, the Council took the following actions. ACTION: Mayor Horton moved to modify the hours of general alcohol provision at concert events such that no alcoholic beverages will be provided after 10:00 p.m., Sunday through Thursday, and 10:30 p.m, on Fridays and Saturdays, regardless of the performance end time. Vice Mayor Salas seconded the motion, and it carried 5-0, ACTION: Councihnember Davis moved to modify the hours of alcohol provision in the VIP (Silver Bullet) Lounge, with the conditions that an additional hour of soft drink and/or food be provided to lounge patrons, that additional food items be made available, and that this area be monitored by two off-duty police officers, or one off-duty police officer and one trained staff-pro security person, to control access and monitor activity in the lounge. Councihnember Moot seconded the motion, and it carried 4- l, with Mayor Pro Tern Salas opposing, since she felt it was inappropriate for minors to be allowed in the lounge. ACTION: Mayor Horton moved to deny the request to add an exterior pre-concert beer garden for alcoholic beverages Councilmember Padilia seconded the motion, stating for the record that he did not support a net increase in consumption time for alcohol. The motion carried 5-0. Councihnember Moot asked staff to research tile policies of other agencies with regard to alcohol consumption at tailgate gatherings. ACTION: Councihnember Davis moved to approve the request for the provision of alcohol at the open-air (Kobeys) marketplace. Councihnember Moot seconded the motion with the amendment that alcoholic beverages may not be sold prior to I 1:30 a.m. The motion carried 5-0, ACTION: Mayor Horton moved to approve the request to allow for private party beer gardens inside the amphitheater before concerts Councihnember Moot seconded the motion, and it carried 4- I, with Councihnenlber Padilla opposing for the reason stated above. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 4, 1999) Staff recommendation: The public hearing be continued to May 18, 1999. (Director of Public Works) 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 Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Mayor Hotton moved to continue the hearing to May 18, 1999, as recommended by staff Councihnember Davis seconded the motion, and it carried 5-0, Page 4 05/II/99 ACTION ITEMS 10. RESOLUTION 19454, APPROVING WAIVER OF CERTAIN ELEMENT OF COMPETITIVE BIDDING PROCESS AND AWARDING A "NOT TO EXCEED" CONTRACT FOR CONSULTING, VALIDATION, AND PROJECT MANAGEMENT SERVICES FOR THE POLICE DEPARTMENT STRATEGIC PLAN TO THE WARNER GROUP AND APPROPRIATING $72,013 TO THE POLICE DEPARTMENT BASED ON UNANTICIPATED REVENUE FROM DEVELOPMENT IMPACT FEES (DIF) (4/5TH' S VOTE REQUIRED) As a result of numerous issues related to growth and dynamic changes in policing, the Police Department is formulating a Strategic Plan to meet near-term and future challenges. On December 9, 1998, the Police Department formally began the process of formulating ideas and compiling data for the department's strategic plan. In January 1999, the Police Department issued a Request for Proposal for Professional Services to all potential consultants. Seventeen (17) proposals were sent out and two (2) responses were received. After a careful examination and review of the qualifications, experience, expense, and the criteria established by the Selection Committee, staffdetermined that the Warner Group had demonstrated competence and qualifications for the services required at a fair and reasonable cost to the City. Staff recommendation: Council adopt the resolution (Chief of Police) ACTION: Mayor Hotton offered Resolution #19454, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 1 l. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS There were none. CLOSED SESSIONS I4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) REGARDING SIGNIFICANT EXPOSURE TO LITIGATION One case This item was not discussed Page 5 05/I 1/99 CLOSED SESSIONS (Continued) CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency negotiator: David Rowlands, or designee, for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented Employee organizations: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) Unrepresented employees: unrepresented Instructions were given to the negotiator. ADJOURNMENT Executive Management, Mid-Management, and At 8:50 p.m., Mayor Hotton adjourned the meeting to the Regular Meeting of May 18, 1999, at 6:00 p.m. in the Council Chambers. Respectfi_~lly submitted, Susan Bigelow, CMC/AAE, City Clerk Page 6 05/11/99