HomeMy WebLinkAboutAgenda Statement 1989/03/14 Item 2a,b 411 411
COUNCIL AGENDA STATEMENT
• Item 2 a, b
Meeting Date 3/14/89
ITEM TITLE: Report on the Appropriate Technologies II (BKK) facility
located at 1700 Maxwell Road
SUBMITTED BY: Director of Piannjng
REVIEWED BY: City Manager (4/5ths Vote: Yes No k )
On March 7, 1989, the City Council referred a number of questions to staff
regarding the recent incidents and operation of the BKK facility in Chula
Vista. Staff was also directed to prepare an emergency ordinance declaring
the facility closed in order to protect the public health, safety, and welfare.
RECOMMENDATION: Accept the report. (Please see "Conclusion Section" for
suggested optional actions. )
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In response to Council 's direction, we are providing you with the following
• information:
1. Notice of Public Hearing
The notice was mailed out to all homeowners/residents residing in the
adjoining neighborhoods.
2. Final Incident Investigation Report dated February 27, 1989 from Mr. Greg
Holmes, inspector for the California Department of Health Services.
3. List of questions from the Chula Vista Community Development Department to
Mr. Stan Reynolds of Ninya Moore dated March 9, 1989. Response from Mr.
Reynolds dated March 10, 1989.
4. List of questions from the Chula Vista Fire Marshall to the State Health
Department (Messrs. Kerns, Sandhu and Holmes) dated March 9, 1989. No
written response has been received. They will have representatives at the
meeting and respond verbally to the questions.
r
5. Revised Final Operations Plan dated March 7, 1989 from Mr. Tim Sparks,
Appropriate Technologies II and BKK Corporation.
6. Hazardous Material Incident Response Report from the County Hazardous
Materials Management Division dated February 24, 1989 and February 27,
1989.
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COUNCIL AGENDA STATEMENT
• Item 2a, b
Meeting Date 3/14/89
ITEM TITLE: (A) Emergency Ordinance 2303 - Declaring the Appropriate
Technologies Hazardous Waste Facility Closed, and the Urgency
Thereof (First Reading and Adoption)
(8) Resolution - elating the Policy of the City of Chula
Vista to Protect the Pt
and Safety of its Citizens
SUBMITTED BY: Deputy City Atto y
(4/5ths Vote: Yes X No )
Council has asked for a draft of an ordinance to abate the BKK facility.
Proposed for Council's consideration are an ordinance and a resolution. If _
Council rejects the ordinance, it may consider the adoption of the resolution.
RECOMMENDATION: Prior to adopting the urgency ordinance, the Council should
satisfy itself at a public meeting that there are substantial facts upon which
to base its findings of an emergency condition affecting the public health or
safety; the facts should be established in the public record. Potential
• problems with State preemption should be considered with respect to the
proposed ordinance. If Council decides to adopt the ordinance, it must be
enacted by a four-fifth's vote.
BOARDS/COMWISSIONS RECOMIEI'DATION: N/A
DISCUSSION:
Section 311(d) of the City Charter provides for the enactment of emergency
ordinances as follows:
"Any ordinance declared by the City Council to be
necessary as an emergency measure for preserving the
public peace, health, safety and general welfare and
containing a statement of the reasons for its urgency, may
be introduced and adopted at one and the same meeting if
passed by at least four affirmative votes."
Tne attached ordinance and resolution have been drafted for Council's
consideration.
FISCAL IMPACT: N/A
5415a
• k-/yP ,¢-
by the City -nuncil of
Chula Vista. CaNf:rnia
Dated 1,346-d'/
COUNCIL AGENDA STATEMENT
• Item _
Meeting Date SWUM? 3/14/89
ITEM TITLE: Ordinance� Declaring the Policy of the City Council to
Attempt to Fill the Position of Personnel Director "In House"
Prior to Going "Outside" to Seek Applicants
SUBMITTED BY: City Attorney SECOND
,
�..
(4/5ths Vote: Yes No X )
Council Referral No. 1447
This ordinance declares the policy of the City Council to fill the position of
Personnel Director "in house" prior to seeking "outside" candidates.
RECOMMENDATION: Place the Ordinance on its First Reading
BOARDS/COMMISSIONS RECOMIENDATIDN: N/A
DISCUSSION:
At the February 28, 1989 meeting of the City Council, the Council directed the
City Attorney's office to bring back an ordinance pursuant to Charter Section
• 305 which would estaolish a City Council policy to fill the position of
Personnel Director "in house" prior to seeking "outside" candidates for the
office.
Charter Section 305 states as follows:
The Mayor and the councilmen are Hereby individually and
collectively prohibited from performing any administrative
or executive functions except as same may be authorized by
this Charter or by ordinance of the City of Chula Vista.
Pursuant to the proposed ordinance, the City Manager would first attempt to
fill the Personnel Director position "in house" prior to advertising and/or
interviewing "outside" candidates.
5371a
3/7/89- First Reading at, aMV.., ,
3/14/89- Second Reading and Adoption
bt y a City Council of
Chula Vista, California
Dated 0'17'2?
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