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HomeMy WebLinkAboutcc min 1989/02/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, February 28, 1989 Council Chamber 7:08 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus; City Attorney Harron Mayor Cox announced that at 6:45 p.m. Council met in Closed Session to discuss potential litigation relative to the Bayscene Mobilehome Park, which discussion was concluded at 7:05 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Councilman Malcolm asked for a correction of the Amended Resolution No. 13977, last line of page 8, to delete "(Director of Public Safety)", The Resolution presented by the Director of Public Safety requested banning the sale of the weapons which was supported by the Legislative Committee. The Amended Resolution 13977 was passed for increased control of the weapons. MOTION: MSUC (Moore/Cox) to approve, as amended, the Minutes of the Regular Meeting of February 21, 1989. 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION 13978 COMMENDING VICTORY OUTREACH ON THEIR NOBLE EFFORTS TO HELP STOP DRUG ABUSE AND ORGANIZED GANGS (Councilman Nader) Councilman Nader commented on a fund raising walk scheduled for April 28 by the Victory Outreach which is endorsed by San Diego City Mayor O'Connor, Congressman Bates, Imperial Beach Mayor Waters and the encouragement of others is welcomed. COUNCILMAN NADER OFFERED THE RESOLUTION was read in its entirety was approved unanimously. MINUTES - 2 - February 28, 1989 Resolution 13978 was presented to by Mayor pro Tempore Nader, who explained the programs of Victory Outreach, stating the courts look to them as an alternative to incarceration. Concerned people should work together and make a firm stand to help stop drug abuse and gang violence and those who would like to be involved are encouraged to telephone call to 237-0675 or 237-0373. CONSENT CALENDAR (Items 3a 17) Pulled items: 3, 5, 8, 13, and 17; Items 9 and 12 are appropriation items that require a 4/5 vote. COUNCILMAN NADER OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts was waived by unanimous consent and approved. (Councilman Malcolm out) 3. WRITTEN COMMUNICATIONS a. REQUEST TO CONSIDER CONTINUANCE OF HANDICAPPED PARKING ENFORCEMENT PROGRAM - Gene Militscher, 190 East Emerson Street, Chula Vista 92011 Pulled from the Consent Calendar. 4. RESOLUTION 13979 ACCEPTING BIDS & AWARDING CONTRACT FOR SWIMMING POOL COVERS AND REELS The cost for the insulated swimming pool covers and two winding reels for the Loma Verde Pool is within the amount provided for in the 1989-89 budget. It is recommended Council award the contract to low bidder, Knorr Pool Systems, Inc., for $20,110.65. 5. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNITED ARTISTS AND DONALD W. CALLENDER, TRUSTEE FOR THE DONALD W. CALLENDER FAMILY TRUST FOR REBATING POSSESSORY INTEREST TAXES PAYABLE TO THE COUNTY OF SAN DIEGO FOR USE OF THE TOWN CENTRE PARKING STRUCTURE AND AUTHORIZING THE ~AYOR TO EXECUTE SAID AGREEMENT Pulled from the Consent Calendar. 6. RESOLUTION 13980 AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA COASTAL CONSERVANCY FOR FUNDING OF A SPECIAL STUDY IN THE OTAY RIVER VALLEY The California State Coastal Conservancy has grant funds available for studies involving riparian habitats, watersheds and coastal wetlands. A grant request for a special study of the Otay River Valley project in the amount of $50,000 is proposed to hire a consultant to undertake a special study of all properties within the Otay River flood plain from the Bay to one-half mile east of Freeway 805. MINUTES 3 February 28, 1989 7. RESOLUTION 13981 APPROVING A FEDERAL ASSISTANCE URBAN (FAU) PROGRAM SUPPLEMENT BETWEEN THE CITY OF CHULA VISTA AND CALTRANS WHICH PROVIDES FOR FUNDING THE CONSTRUCTION OF THE TRAFFIC SIGNAL MASTER CONTROL SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID SUPPLEMENT ON BEHALF OF THE CITY OF CHULA VISTA In July 1987 Council authorized the design of a Traffic Signal Control System for the purpose of controlling approximately 100 traffic signals within the City limits by the use of a central computer. Since the major portion of the construction will be funded by federal funds, plans and specifications were approved by CALTRANS and FHWA The proposed program supplement is in the amount of $897,000~ it is estimated the entire system will be fully operational by January 1990. 8. RESOLUTION '~ ACCEPTING BIDS AND AWARDING CONTRACT TO MCR ELECTRICAL CONTRACTOR FOR TRAFFIC SIGNAL MASTER CONTROL SYSTEM IN THE CITY OF CHULA VISTA Pulled from the Consent Calendar. 9. RESOLUTION 13982 APPROVING MID-YEAR BUDGET ADJUSTMENT FOR THREE ADDITIONAL CIVIL ENGINEER POSITIONS AND APPROPRIATING FUNDS The City has embarked on a substantially more aggressive capital improvement program and has gone from budgeting $1.5 million to $2.5 million a year for capital imrovements to in excess of $11 million each of the past two years. While there has been a substantial increase in the amount of capital improvement projects being processed and completed, the report pointed out that the Department is lagging behind in projects designed by engineering related streets, sewers and drainage and that a backlog has built up in those projects. Council approved the mid-year addition of one Associate Civil Engineer and two Assistant Civil Engineer positions and authorized appropriation of funds in the amount of $43,000 for the 1988-89 costs. 10. REPORT CREATION OF A LANDSCAPE ARCHITECT POSITION IN THE PARKS AND RECREATION DEPARTMENT Council allocated $25,000 for contractual landscape architectural services for the current fiscal year. It is recommended that this money be used instead for a full-time landscape Architect position in the Department to be responsible for park project design, supervision of consultants hired to design improvements of major park sites and to coordinate the design and development of turnkey parks planned by developers. MINUTES 4 February 28, 1989 11. RESOLUTION 13983 ACCEPTING GRANT OF EASEMENT FROM R. J. GILMARTIN FOR THE WESTERN CORNER OF THE CHULA VISTA SHOPPING CENTER ENTRANCE AT FIFTH AVENUE AND H STREET FOR TRAFFIC CONTROL PURPOSES The traffic signal at the intersection of Fifth Avenue at "H" Street is aligned with the driveway at the Chula Vista Shopping Center and is in the process of being modified to add left turn phasing. In order to place and maintain traffic control standards and loop detectors within these private properties, the City requires easements be granted by the property owners. Staff has received a grant of easement for traffic control purposes from Carter, Hawley & Hale Realty Incorporated. 12. RESOLUTION 13984 AMENDING 1989/90 BUDGET TO PROVIDE FUNDS FOR PROFESSIONAL SERVICES TO EVALUATE THE CITY'S REVERSIONARY INTEREST IN COMMUNITY HOSPITAL The City was informed in January 1989 that Sharp Hospital would be acquiring Community Hospital. Through Resolution 9021 the City accepted a gift of the project when all the refunding bonds are paid in 2008. It is the intention of Sharp Hospital to acquire the hospital to include an early repay of the refunding bonds; Sharp intends to negotiate the buying back of the reversionary interest and the monetary value of that interest held by the City of Chula Vista. Council authorized amendment of FY 1988/89 Budget in the amount of $10,000 to cover costs for legal, appraisal and/or consulting services required for these negotiations. 13. RESOLUTION REQUESTING THE CALIFORNIA WATER COMMISSION TO SUPPORT THE ALLOCATION OF $4.3 MILLION TO THE FY 1990 BUDGET FOR THE SWEETWATER FLOOD CONTROL PROJECT Pulled from the Consent Calendar. 14. ORDINANCE 2299 AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE CHAPTER 9.40 ENTITLED "HOUSING ASSISTANCE" RELATING TO THE REQUIREMENTS FOR THE CONVERSION OF MOBILEHOME PARKS AND TRAILER PARKS TO OTHER USES OR FOR THE DISCONTINUANCE OF SAID PARKS - SECOND READING & ADOPTION The amending ordinance was placed on First Reading at the Council Meeting of February 21, 1989 and makes a significant change regarding the dwelling types covered under the Municipal Code Chapter and makes minor procedural changes to that Chapter. 15. ORDINANCE 2300 AMENDING SECTION 9.60.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE EXEMPTIONS FOR THE SALE OF MOBILEHOME PARKS - SECOND READING & ADOPTION MINUTES - 5 - February 28, 1989 The amending Ordinance was placed on First Reading at the Council Meeting of February 21, 1989 and allows mobilehome park owners to change the method by which they hold title to the park without this being deemed a sale triggering the right of first refusal of the park tenants. 16. ORDINANCE 2301 ACCEPTING CALIFORNIA PENAL CODE REQUIREMENTS FOR PUBLIC SAFETY DISPATCHER SELECTION AND TRAINING SECOND READING AND ADOPTION The ordinance was placed on First Reading at the Council meeting of February 21, 1989 and the cities accpeting these standards will be reimbursed by the State for training programs for their dispatchers. 17. REPORT FORMATION OF CHULA VISTA 2000 COMMUNITY TASK FORCE AND AD HOC ARTS TASK FORCE Pulled from the Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 18. PUBLIC HEARING PCZ-89-E: CONSIDERATION TO REZONE 7.72ACRES BOUNDED BY .BROADWAY, FLOWER STREET, JEFFERSON AVENUE, AND E STREET, FROM C-T TO C-C-P APPEL DEVELOPMENT COMPANY/CITY OF CHULA VISTA (Director of Planning) ORDINANCE REZONING 7.72 ACRES FROM C-T TO C-C-P FIRST READING This being the time and place as advertised, the public heari, ng was declared open. Director of Planning Krempl reported this request for rezoning would allow 90 residential apartments; 10,000 sq. ft. would be retail along the Broadway frontage and 14 units above the commercial. The remaining 76 units are located to the west at the rear of the property. A previous request was denied in 1985; subsequent to that the ordinance was changed; in 1987 Council considered a General Plan amendment for the same 2.6 acres to redesignate to high residency/commercial which was also denied. The present application differs in that it is consistent with the proposed Draft General Plan Update; the density has been reduced by spreading the units over the acreage; the C-C-P is a much better zone, in the Planning Department's view; and, finally, the Precise Plan the development of the entire block should be considered for C-C-P. Director Krempl stated belief, that if reservations exist, the rezoning should still occur to offer greater flexibility, control and land use protection for the neighborhood. Staff stated support of the Planning Commission's MINUTES - 6 - February 28, 1989 approval to rezone. Further, the School District sent a letter requesting that the property become a participant in a Mello-Roos Facility District formed for smaller projects, which request was favored by the developer. Tony Ambrose, Appel Development Company, 4877 View Ridge Avenue, San Diego, 92123, stated the Company concurs with the staff recommendation. The major impediment to develop this property has been the general location and the surrounding land uses which required working steadily with staff. Mr. Ambrose reported the C-C-P zone is most beneficial since it allows the City to approve, all commercial, all residential, mixed use or any of the above. There being no others to speak for or against this item, the public hearing was closed. Councilman Malcolm questioned Director Krempl on several points, resulting in the following:. size of the development stated to be four acres plus; it is a unique size for the area; the General Plan Update should be before City Council in May; the objective is to break up the commercial strip along Broadway; application for development will be evaluated on a case by case basis; and the High School Distr~ct should also be in the Mello-Roos program should they so chose; Mayor Cox confirmed the only subject before Council is the rezoning; Councilman Malcolm stated his belief that this will be the only time Council will have the opportunity to discuss the project if the rezoning is approved, since the approval allows circumventing Council and sending the project to Planning. City Attorney Harron confirmed the appropriateness of the discussion as it pertains to school fees based on on a recent San Diego case which stated you are not limited by the $1.50 per sq.ft. in the instance of a rezoning, which is a legislative act. This, in regard to school fees, would be the one opportunity to provide the limitation of fees if Council chooses. Councilman Malcolm reported the capacity for attendance at the schools in the area which were stated to be above capacity; this development would further affect their ability to contain students. He urged Council to delay a decision for rezoning in this area since the time is close when the freeway is completed, which completion will determine what will happen in this area. Director Krempl, answering Councilman Nader's question, reported the approach of the School District is to enter into a Mello-Roos and, through that, collect sufficient money to build the classroom space needed. He further discussed the subject proposed development and whether or not it meets the threshold standards in spite of the mitigation measures presented by staff and whether this is the right time to consider the project. Councilwoman McCandliss stated the school fee presented is the most realistic and her wish to hear from the School Districts on MINUTES - 7 - February 28, 1989 this subject before taking action. She further stated the value of the mixed use along Broadway, that it would offer greater protection, and the transportation is in close proximity. Councilman Moore stated opposition to rezoning of the area. Mayor Cox commented that action could be taken to change the rezoning whether or not the mixed use is allowed or not on the property. He agreed with the idea of having a residential development close to transportation which would afford greater use of the trolley. MOTION MS (McCandliss/Nader) to continue the item for two weeks and that the School Districts be notified of the possibility of charging an appropriate fee as determined and direct staff to bring the information back to Council at that time. Councilman Nader stated support of the motion with a request for a longer continuance based on his concerns. He favors a rezoning of the area but would rather make decisions based on the approved General Plan, when adequate fees would be determined and with assurance school services would be available in a timely fashion. Councilman Malcolm reported he would be absent from the Meeting of March 14th at a Coastal Commission Meeting, as well as the fact that the General Plan is just three months away from being approved and emphasized the rezone gives the City no control. City Attorney Harron, as requested, clarified his report that State law specifically exempts the Mello-Roos Districts from a limitation of $1.50 per sq.ft.; the new case said that since rezoning is a legislative act, it is not covered by that State law and fees can be imposed for schools without restraining it to $1.50 per sq.ft. ADDITION TO THE MOTION MS (McCandliss/Nader) to change the time for a three weeks continuance to the Meeting of March 28, 1989. VOTE ON THE MOTION AND ADDITION TO MOTION Motion passed. {Councilman Malcolm voted no.) 19. ORAL COMMUNICATIONS - l~one PULLED ITEMS 3. REQUEST TO CONSIDER CONTINUANCE OF HANDICAPPED PARKING ENFORCEMENT PROGRAM - Gene Militscher, 190 East Emerson Street, Chula Vista 92011 The recommendation requests this item be referred to staff for further report, including further communication with the volunteers involved with the handicap parking enforcement program. MINUTES - 8 February 28, 1989 MOTION MSUC (Cox/McCandliss) to accept the staff recommendation and that staff be directed to bring this item back at budget time to consider the appropriation of additional funds to assist in the marking of handicap spaces. 5. RESOLUTION 13985 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNITED ARTISTS AND DONALD W. CALLENDER, TRUSTEE FOR THE DONALD W. CALLENDER FAMILY TRUST FOR REBATING POSSESSORY INTEREST TAXES PAYABLE TO THE COUNTY OF SAN DIEGO FOR USE OF THE TOWN CENTRE PARKING STRUCTURE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Council recommended the Redevelopment Agency adopt a resolution entering into an agreement with United Artists and Donald W. Callender, trustee for the Donald W. Callender Family Trust for rebating possessory interest taxes payable to the County of San Diego for use of the Town Centre parking structure. COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title, the reading of the text waived by uanimouis consent and approved unanimously. 8. RESOLUTION 13986 ACCEPTING BIDS AND AWARDING CONTRACT TO MCR ELECTRICAL CONTRACTOR FOR TRAFFIC SIGNAL MASTER CONTROL SYSTEM IN THE CITY OF CHULA VISTA This contract provides for the furnishing and installation of new controllers, the retrofitting of some old controllers so as to be compatible with the proposed Master Control System, installation of interconnect cable and related work. Council authorized the contract to be awarded to low bidder, MCR Electrical Contractors, Imperial Beach CA for $703,847.00. Councilwoman McCandliss questioned staff's evaluation process when request for proposals are requested. Traffice Engineer Rosenberg reported all submittals were from well qualified contractors and that MCR has done business with the City previously and the criteria was based on past performance and the performance bond. John Tsiknas, Traffic Consultant, agreed with Mr. Rosenberg stating the work to be completed by MCR is not of a highly technical nature. COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by title, the reading of the text waived by uanimous consent and approved unanimously. 13. RESOLUTION 13937 REQUESTING THE CALIFORNIA WATER COM~ISSION TO SUPPORT THE ALLOCATION OF $4.3 MILLION TO THE FY 1990 BUDGET FOR THE SWEETWATER FLOOD CONTROL PROJECT MINUTES 9 - February 28, 1989 Councilman Malcolm stated he will abstain from discussion of this item to avoid any appearance of a conflict, in spite of the fact that he can legally participate. The President's budget for FY 1990 does not have funds to complete the Sweetwater Flood Control Project estimated to be $4.3 million with another $4.2 million needed in 1991. Council authorized the State California Water Commission be requested to support the allocation to the FY 1990 budget for this project. Public Works Director Lippitt reported that the work east of 805 has been completed and Mayor Cox reported that conversations with the Corps of Engineers to state that 30 to 50 years flood protection but it will not be accomplished until the shunt system is completed; the San Francisco office of the Corps of Engineer made a decision was made earlier this week to complete the project. Director Lippitt confirmed that once the system is installed there will be more than 100 years protection but probably 500 years protection; design is for the worst storm ever experienced. The advantage is that the project will be completed earlier will allow for the widening of the entrance at Interstate 5 and the construction of Route 54 to be completed with a similar time frame. Councilman Nader reported his reluctant support of the Resolution stating he would have preferred more substantive and detailed information. MAYOR COX OFFERED THE RESOLUTION which was read by title, the reading of the text waived by title by unanimous consent and approved unanimously. 17. REPORT FORMATION OF CHULA VISTA 2000 COMMUNITY TASK FORCE AND AD HOC ARTS TASK FORCE Deputy City Manager Thomson reported the receipt of 127 applications to serve on the Chula Vista 2000 Community Task Force and 25 applications to serve on the Ad Hoc Arts Task Force. He reported a discussion with Rick Phelps, the consultant with whom the City is currently in the process of attempting to negotiate a contract, resulted in a proposed modification on page 7, "VI. Next Steps" would be to have a public meeting prior to the Steering Committee nominating the Chula Vista 2000 Subcommittees, at which the public and existing appliants would be invited to come. Deputy City Manager Krempl would provide an overview of the General Plan Update and also give perspective of Subcommittees and, at the end of the meeting, applicants will be asked to indicate their priority interest. Councilman Moore suggested that applicants, once they choose, not be allowed to serve on more than one subcommittee, nor that they be allowed more than one change from one subcommittee to another. Mayor Cox suggested Council nominate the Chairs and Vice Chairs of the Steering Committees, after which in a joint meeting the Steering Committee nominees and Council make determinations of MINUTES = lO February 28, 1989 organization. The actual selection of the Steering Committees members could be accomplished by the Steering Committee with recommendation by the respective Chairs. It was hoped more applicants would come forward at the general meeting. Councilwoman McCandliss stated she had wished the Council could participate more but, in view of the number of people involved, it would not be practical, her pleasure that there are new names on the list that have not previously been involved, and that the key is good organization and leadership. Deputy City Manager Thomson clarified page 2 by stating Council would appoint 15 people to specific positions, clarified by Mayor Cox stating with the six Committees, there will be a Chair and a Vice Chair Ior 12 members); additionally, there will be a Chair and a Vice Chair for the overall Chula Vista 2000 Task Force (or 14 members); plus the suggestion of one other person with a financial background. A staff liaison will be provided for each b of the su committees. Concerning the question of "electors of the City", City Attorney Harron confirmed that the the Charter states "qualified electors" which is defined as registered voters. Deputy City Manager Thomson pointed out the different structure proposed on page 3 for the Ad Hoc Cultural Arts Task Force by which the Council appoint, not just the Chair and the Vice Chair, but the entire Art Tasks Force. Councilwoman McCandliss stated agreement in the hope that this Task Force might lead to a commission. MOTION MSUC (Cox/McCandliss) to accept the staff recommendation to include the comments made by Council as they pertain to procedural items and with the understanding the Ad Hoc Cultural Arts Task Force be appointed by the Council and the other five subcommittees be appointed by the Steering Committee. Councilman Moore stated that applicants who are not registered voters, although they cannot vote, are urged to participate. MOTION MSUC (Cox/Moore) in order to begin the process, that Council review the applicants who have already submitted applications and to bring back a recommendation of two people for each of the two subcommittees, and also for the overall Chair and Vice Chair positions. 20. CITY MANAGER'S REPORT a. Scheduling of Council meetings Thursday at 7:00 p.m. a Meeting of the Redevelopment Agency Meeting is scheduled and on Saturday at 8:00 a.m. a Council Tour is scheduled. MINUTES - ll February 28, 1989 b. Distribution of a memo from the Assistant Fire Chief outlines the report of a chlorine leak at Appropriate Technology facility, 1700 Maxwell Road (BKK). It is the City Manger's intent to obtain from the County and the State, who are also investigating the incidences which occurred on Friday, February 24, and Monday, February 27, to determine how it happened and how it can be prevented from happening again. Mayor Cox reported the incident report should be completed on March 1, with a comprehensive report available within four days. Mayor Cox questioned the repeat incident on Monday and suggested Council include the BKK Facility on the Saturday, March 4 Council tour with the intent to be briefed on why and how it happened; staff is on site 24 hours per day to monitor the area. Battalion Chief Harrold reported that he was the Commander on both incidents and the Friday incident involved a 150 gallon drum, separate from the rest of the accumulated material. Because it was a mixture of materials, treatment was accelerated for neutralization and disposal; an accumulation of 15 barrels started off the second incident. Councilwoman McCandliss requested a copy of the Conditional Use Permit that was issued to BKK for evaluation in light of this incidents. Councilmembers discussed the method of treatment, Assemblyman Peace' letter and his questions, a further threat of transporting this toxic waste along City streets, and the need to dispose of this toxic waste and the dangers that would arise if the facility was closed as suggested by Councilman Malcolm. Councilman Nader said assurances were obviously given by the Nuclear Power Industry for the times technology is being operated without human error and there are a number of unanswered questions remain, such as, how good the assurances are, what is being brought in to the City from how wide an area, how frequently and under what circumstances and questions of hazards that are a threat to our citizens. He suggested various people be invited to a Council Meeting to answer questions relative to the operation of the facility and those people include representatives of Appropriate Technology, Chula Vista Fire Department, San Diego County Hazardous Unit, Woodward & Clyde, and citizens who have expertise to offer, such as the Environmental Health Coalition, on the subject of public exposure to toxic materials. MOTION MSUC (Malcolm/Nader) because the information was not available to us to be placed on the Agenda, per the Brown Act, that the subject item be placed on this Agenda. MINUTES ~ 12 February 28, 1989 MOTION MSUC (Malcolm/Nader) to direct staff to bring back the information requested by Councilman Nader and Councilwoman McCandliss in a report as to the options that are available to Council if they choose to close the facility or put in under more scrutiny. MOTION MSUC (Nader/Moore) to request representatives from Appropriate Technology who are familiar with the technology of the plant, someone from the Chula Vista Fire Department involved in response, the County Hazardous Materials Unit, the Environmental Health Coalition, and Woodward Clyde to be available at a time certain at the Regular Meeting of March 7, 1989 to make presentations to Council and to be open to questions from Council and/or staff and consultants; with direction to staff that the requested report be available by that time so that Council is knowledgeable of their options. Discussion centered on the advisability, on an emergency basis, of proposing a moratorium on the transportation of toxic waste to the facility. MOTION MSC (Nader/McCandliss) subject to the information and guidance provided by the City Attorney concerning the scope of Council's authority, that the Public Safety Department be directed to take such measures as the City Attorney determines to be legal to prevent the transportation of hazardous waste through the City of Chula Vista to the BKK facility pending further information coming to Council on March 7, 1989. (Councilman Moore voted no.) Councilman Moore reported he did not support the motion because this would close the door on the BKK facility which knows how to take care of this waste; this will cause more problems. c. Letter was mailed on behalf of the City to the Otay Water District that the City might have an opportunity to provide input on land use determinations. Councilman Moore stated the City should take advantage of holding an annual meeting with the Water Authorities and the School Boards. d. Announcement that George Krempl was appointed as the 3rd Deputy City Manager; until the Director of Planning is filled, George will hold both positions. 21. MAYOR'S REPORT a. Sweetwater River Flood Control Project Approval of trip to March 3 meeting of the California Water Commission MINUTES 13 - February 28, 1989 MOTION MSUC (McCandliss/Moore) to authorization the use of travel funds from the Council budget to attend the March 3rd meeting of the California Water Commission to attempt securing the support of the Water Commission to recommend to Congress to include the funding necessary to keep the Flood Control Project moving forward. b. Report on Policy Advisory Committee Commercial Airport Site Selection Report was given of the Thursday, February 23, Committee meeting on the selection which was narrowed down from twelve potential sites to three sites for more detailed studies (NAS Miramar, East Miramar, Otay Mesa site which straddles the Mexican border). Lindbergh Field has been eliminated from consideration; Mayor Cox will endeavor to have this put on the Agenda for the next Committee meeting. c. Report on Proposition C Blue Ribbon Task Force Reference was made to Senator Deddah's bill introduced at the request of SANDAG relative to the Proposition C Task Force, which bill specifically was written to have a place to come forward in the event the Blue Ribbon Task Force results in some type of regional growth management effort. d. Report was given on the San Diego Gas & Electric Feasibility Study Oversight Committee meeting held on February 23. There was an update on the status, the City of San Diego has hired a law firm in Washington DC to represent them, SDG&E and SCE sought an injunction to stop the County Water Authority from moving forward with the Feasibility Study which was granted. On January 12, Becht company was contracted to do the Feasibility Study, monies can be spent on money and defenses, San Diego has appropriated $25,000 for use by the Counter Water Authority and there are no preclusions from using the $25,000 to move forward on the Study, although the Water Authority cannot use their own money. Mayor Cox reported SB 229 (Stirling) prohibits the approval by the PUC acquisition of a public utility by another public utility unless the voters in the service area approve the action. MOTION MSUC (Cox/Nader) refer the SB 229 to the Chula Vista Legislative Committee for a report next week. e. Meeting on March 10, 1989 will be held by the Joint Hearing of Public Utilities Committee providing opportunities for people to testify. Utilities will respond to public reaction and it would be important to have representation by Council or by staff. Councilmembers will be contacted on Wednesday, March 1 to confirm availability. MINUTES 14 February 28, 1989 22. COUNCIL COMMENTS COUNCILWOMAN ~cCANDLISS a. Reference was made to a letter from Mrs. del Ponte dated February 23 MOTION ~SUC IMcCandliss/Nader) to direct staff to prepare a written response to Mrs. del Ponte. b. Community Mediation Program Brochure Previously the expansion of this program was explored which program is cooperatively funded by the University of San Diego Law School and the San Diego County Bar Association. It appears the program ~ould be beneficial for the City with neighbor to neighbor dispute, tenant to landlord or possibly have application to small claims for the City or just for residents. MOTION MSUC (McCandliss/Malcolm) to direct staff to bring back a report at budget time with the possibility of development of a pilot program in the South Bay. COUNCILMAN NADER c. Assemblyman Connolly is the author of proposed legislation - the Bill number is not known now but is relative to mergers of a public utility; it is his recommendation that the Legislative Committee recommend support. COUNCILMAN MALCOLM d. Provided the City Attorney approves the motion MOTION MS (Malcolm/Nader) to schedule an item on the March 7 Agenda, directing Council's wishes that since Council ratifies Department Head appointments by the City Manager, Council would like to have the City Manager, first, go through a selection process of promotion "within" for a Personnel Director prior to going to any state or national level for recruiting. In answer to Councilman Nader, City Attorney Harron confirmed a provision in the Charter which states Council should not interfere with the City Nanager but the Charter does allow the Council to act by ordinance that could affect the administration. If an ordinance was brought back this could be possible. MINUTES 15 February 28, 1989 ADDITION TO THE MOTION MS (Malcolm/Nader) to include an ordinance with the item for a promotion "within" for staff and, if there is no one qualified, the position be opened up. Council Malcolm stressed the employees who spend their life working for the City should be offered the opportunity to move up in the company if qualified. Councilwoman McCandliss stated support but only for this position and not as a blanket policy. Mayor Cox stated his opposition because it is the prerogative of the City Manager to appoint the position and that the Council should stick to the people they now appoint and to leave the day to day management to the City Manager and the people that he selects; Council should stay out of this. Councilman Nader gave the reasons wy he feels this is a unique situation which demands a unique approach. Councilman Moore referred to a thin line between the policy makers' task and the City Manager's task and he will not restrict the City Manager. VOTE ON THE MOTION AND ADDITION TO THE MOTION Motion approved. (Mayor Cox and Councilman Moore voted no.) ADJOURNMENT AT 9:58 p.m. to the Council Tour on March 4 at 8:00 am and the Regular Meeting of March 7, 1989 at 4:00 pm. Jennie N. Fulasz, CMC CITY CLERK Fortune, CMC ~EP Y C TY CLERK