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HomeMy WebLinkAboutcc min 1989/04/25 RDAAt 6:45 p.m., Cit Council and the Redevelopment Agency met jointly in Closed ~ession to ~ discuss 4ontoya v. City of Chula Vista, and potential acquisition of property at 4501 Otay Valley Road {Vince Davies, owner). MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, April 25, 1989 Council Chamber 7:00 p.m. Public Services Building ROLL CALL PRESENT: ~tayor Cox, Councilmembers McCandliss, Nader, Malcolm and Moore ABSENT: None ALSO PRESENT City Manager Goss, Assistant City Manager Asmus, City Attorney Rudolf PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MSC IMoore/McCandliss) to approve the Minutes for the Adjourned (Workshop) Meeting of April 17, and the Regular Meeting of April 18. {Councilman Malcolm abstained from the vote on the Meeting of April 18 due to his absence from that Meeting.) 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION 14055 COMMENDING SHERIDAN HEGLAND POSTHUMOUSLY FOR HIS EXCELLENT SERVICES ON THE LIBRARY BOARD OF TRUSTEES William McBreen of the Library Board of Trustees accepted the Resolution, and Susan Miller reported the tradition of the Library Board to present a gavel to outgoing Board Members. Both tributes will be conveyed to the family of Sheridan Hegland. b. OATH OF OFFICE TO RONALD E. WILLIAMS, LIBRARY BOARD OF TRUSTEES - City Clerk City Clerk Fulasz administered the Oath of Office to Mr. Williams, who thanked Council for the opportunity to serve the City in a position in which he feels most comfortable. MINUTES 2 April 25, 1989 CONSENT CALENDAR (Items 3a 15) Pulled Items: 5, 9a and b and 11. Council concurred an amendment be added to the staff recommendation of item 4. COUNCILWOMAN McCANDLISS OFFERED THE BALANCE OF THE CONSENT CALENDAR which was read by titles, the reading of the texts waived by unanimous consent and approved unanimously. 3. WRITTEN COMMUNICATIONS 3a. CLAIMS AGAINST THE CITY - Estate of Jose Arellano, c/o Michael R. Marrinan, Esq., 401 West A, Suite 1300, San Diego, CA 92101-7906 2. Angeline L. Lizarrago, c/o Joseph V. O'Leary, Esq., 535 H St., Chula Vista ~2ulO 3. Amado Macias, c/o Brennan & Collins, 11848 Bernardo Plaza Court, Suite 220B, Rancho Bernardo 92128 4. Staff Pro., Inc., c/o Douglas R. McCorquodale, Esq., 3990 Old Town Avenue, Suite 105C, San Diego 92110 5. Application for permission to file Late Claim and Claim against the City: Carrie Myers by Colleen Myers, c/o Carl A. Grubb, Esq., 707 Broadway, Suite 1700, San Diego 92101 Council denied Claims 1 through 4; to accept the application for permission to present Late Claim on behalf of Carrie S. Myers and denied the Claim of Carrie S. Myers. b. REQUEST TO AMEND MUNICIPAL CODE 9.50 TO REFLECT THAT INCREASES TO MOBILEHOME SPACE RENTS BE BASED OH JANUARY 1 CPI FIGURE Bob Flaugher, 1100 Industrial Blvd., Chula Vista 92011 Council directed R. C. Flaugher be informed the most recent CPI published in late March was 5.7% which figure actually measures the calendar year 1988. Any increases given from the date of publication of the San Diego CPI until its next publication in late August/early September would not be subject to the binding arbitration ordinance so long as the increase was at or below 5.7%. 4. RESOLUTION 14056 APPROVING ACQUISITION AGREEMENT REGARDING THE CITY'S REVERSIONARY INTEREST BETWEEN THE CITY OF CHULA VISTA, CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY AND COMMUNITY HOSPITAL OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Assistant City Manager) City Council, at its Meeting of April 4, 1989 unanimously directed that tile City would sell its reversionary interest in the hospital for the total sum of $1.5 million, with $500,000 in cash and $1 million in services. MINUTES 3 April 25, 1989 Councilwoman McCandliss offered and Council concurred to amend the Acquisition Agreement on page 8, Exhibit B on the last two lines to read, " ..... investigate the feasibility of 'possible implementation' of a day care center at the Health Facilities for sick children." 5. REPORT NEIGHBORHOOD REVITALIZATION PROGRAM IActing Community Development Director) RESOLUTION 14064 ESTABLISHING THE SOUTH CHULA VISTA NEIGHBORHOOD REVITALIZATION PROGRAM, ADOPTING A PROGRAM POLICY STATEMENT, AND SELECTING THE OTAY TOWN NEIGHBORHOOD AS THE PROGRAM TARGET NEIGHBORHOOD Pulled from the Consent Calendar. 6. RESOLUTION 14057 AUTHORIZING SUBMITTAL OF A GRANT TO CONDUCT THE SUMMER CHILDREN'S NUTRITION PROGRAM (Director of Parks and Recreation) Council approved implementation of the summer Children's Nutrition Program which approval authorized the Department of Agriculture to conduct the bid process for the preparation of meals. 7. RESOLUTION 14058 AMENDING THE CITY OF CHULA VISTA MASTER FEE SCHEDULE ?0 INCLUDE FEES FOR STREET MARKERS (Director of Public Works/Deputy City Manager) Management Services' Policy Analysis and Program Evaluation Unit (PAPE) recently completed a review of the Traffic Operations Maintenance Section within Public Works Operations. The resolution modifies the City's Master Fee Schedule to establish fees for street striping and other tasks performed by the Traffic Section. 8. RESOLUTION 14059 APPROVING THE SUBMITTAL OF A GRANT REQUEST TO THE OFFICE OF CRIMINAL JUSTICE PLANNING TO DEVELOP A COMMUNITY CRIME RESISTANCE PROGRAM (CCR) (Director of Public Safety) The Grant requested from the State is for $77,901 and the City is required to provide a cash match of $8,656 to fund an anti-gang program, and a graffiti eradication program. Since statistics show a person decides to join a gang at a very young age, this grant request will initiate a gang prevention program aimed at fifth and sixth graders. MINUTES 4 - April 25, 1989 9a. RESOLUTION AUTHORIZING ISSUANCE OF BONDS, APPROVING ~/ BOND INDENTURE AND OFFICIAL STATEMENT FOR A SPECIAL ASSESSMENT (Director of Public Works) b. RESOLUTION MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND Pulled from the Consent Calendar. lOa. RESOLUTION 14060 ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH THE/~, "LANDSCAPING AND LIGHTING ACT OF 1972," FOR THE EASTLAKE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1, 1989 AND ENDING JUNE 30, 1990 (Director of Public Works) b. RESOLUTION 14061 APPROVING A CONTRACT WITH WILLDAN ASSOCIATES FOR RESPREAD OF EASTLAKE ASSESSMENT DISTRICTS 85-2 AND 86-1 PREPARING THE ANNUAL COLLECTIONS REPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) According to Article 4, Chapter 1, part 2, "Landscaping and Lighting Act of 1972" of the California Streets and Highways Code, the City Engineer prepares and files a report to begin the annual process of spreading the maintenance cost of said EastLake Maintenance District. All costs will be paid by the property owners through their annual assessments. 11. RESOLUTION APPROVING A STATEMENT OF INTENTION BETWEEN THE CITY OF CHULA VISTA AND THE BALDWIN COMPANY FOR OTAY RANCH (Director of Planning) Pulled from the Consent Calendar. 12. RESOLUTION 14062 CREATING ONE-WAY STREETS AND ALLEYS AND ELIMINATING PARKING PROHIBITIONS (Director of Public Works) Council approved (1) the conversion of Davidson Street to a one-way eastbound street between Fourth Avenue and Garrett Avenue; (2) conversion of the alley east of Glover Avenue to one-way northbound between Davidson Street and "E" Street; and (3) removal of parking prohibitions along the south side of Davidson Street adjacent to the park between Fourth Avenue and Garrett Avenue. MINUTES 5 - April 25, 1989 13. ORDINANCE 2310 AMENDING SECTION 2.56.220 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DISPOSAL OF SURPLUS SUPPLIES, MATERIALS OR EQUIPMENT SECOND READING AND ADOPTION (Assistant City Attorney) The Ordinance was placed on First Reading at the Meeting of April 18, 1989 and amends the City's purchasing ordinance to provide broad flexibility to participate in the County's now Statewide program. The proposed ordinance deletes the requirement that surplus property may only be transferred to approved civic or social organizations "within the City" and increases the value of matters eligible for free transfer to approved civic or social organizations from $500 to $5,000. City Manager Goss confirmed Council approval would be required before any transaction is completed. 14. REPORT SAN DIEGO MENTAL HEALTH REQUEST TO CONDUCT A FUND RAISING BICYCLE TOUR (Director of Parks & Recreation) The fund raising bicycle tour, entitled the "Southern Bicycle Classic" to be conducted on Saturday, April 29, 1989 comprises three routes, all of which begin and end at the south end of the Plaza Bonita Shopping Center. The participants will be dispersed from the starting area in small groups to avoid having a large number of cyclists on the road at any given point or time. Council accepted the report. 15. REPORT CITY OF CHULA VISTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1988, AND AUDITORS' OPINION (Director of Finance) In accordance with generally accepted auditing standards, Touche Ross International has examined the combined financial statements of the City of Chula Vista including the Combined Balance Sheet, Combined Statement of Revenue and Expenditures, and the Changes in Financial Position. Touche Ross' evaluation disclosed no material weaknesses and, in their opinion, the statements present fairly the financial position of the City as of June 30, 1988. Council accepted the report. Finance Director Christopher reported his discussion with the Auditor on receipt of the audit at this late date and the proposed schedule outlined for next year and that the Final Report, called a Management Letter, relates to internal controls within the Finance Department. END OF CONSENT CALENDAR MINUTES _ 6 ' April 25, 1989 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. REPORT THE PROPOSED REPROGRAMMING OF THE BROADWAY RECONSTRUCTION PROJECTS (Continued from meeting of April 18, 1989) IDirector of Public Works) PUBLIC HEARING ON DRAFT PROPOSITION "A" TRANSPORTATION SALES TAX EXPENDITURE PLAN RESOLUTION 14063 APPROVING SUBMITTAL OF CHULA VISTA'S PROPOSITION "A" TRANSPORTATION SALES TAX EXPENDITURE PLAN TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS This being the time and place as advertised, the public hearing was declared open. The regulations adopted to implement Proposition A (1/2 cent sales tax increase for transportation improvement projects) required the initial adoption of a one year expenditure plan and, biennially thereafter, the adoption of a two year expenditure plan. The plans are to be submitted to and approved by the San Diego Association of Governments as part of the Regional Transportation Improvement Plan. Councilman Moore questioned the Project Scheduling and the funding responsibility of possible Main Street overpasses. City Engineer Swanson reported anticipation of proportionate funds from the State Public Utilities Commission (PUC) for railroad overpasses with matching funds appropriated by the City. Director of Lippitt reported Councilman Moore's comments are not pertinent to the Phase under discussion; the Proposition A project concerns Industrial and I-5, which project is not delayed. There being no others to speak either for or against this item, the public hearing was closed. Councilman Malcolm reported his concerns with the scheduling and his belief that the areas which generate the most revenues for the City should be scheduled first. City Manager Goss reported significant needs were identified by Engineering staff, that the schedule for projects were established by Council one year ago, and the evaluation of the SANDAG loan program will be coming to Council in the near future by which projects will be scheduled earlier. Council accepted the Report with the understanding that priorities can be changed when the Capital Improvement Projects ICIP) are considered in July. Director Lippitt explained that SANDAG will be looking at a bonding program this summer by which projects can MINUTES _ ? - April 25, 1989 be addressed earlier; although the City may have to pay the interest, that figure would be offset by inflation. Answering a question by Mayor Cox, Director Lippitt reported the Main Street/Industrial is a priority project; design has not as yet been started. Mayor Cox suggested a future Council Workshop to discuss a better process for scheduling to avoid delay after an appropriation of funds. MAYOR COX OFFERED ACCEPTANCE OF THE REPORT AND THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved. (Councilman Malcolm voted no.) MOTION MSUC (Nader/McCandliss) to direct staff, as part of the upcoming budget process, to bring back the projects under this item along with other Capital Improvement Projects and other Street Improvement Projects along with the funding sources to be evaluated and prioritized simultaneously and for possible reorganization of timing and funding sources. MOTION MSUC (Cox/Moore) to direct staff to come back with a written report of the time schedule for the Main Street/I-5/Industrial Boulevard Project. 17. PUBLIC HEARING 1989-1990 CITY COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSALS (Acting Director of Community Development) This being the time and place as advertised, the public hearing was declared open. Acting Director Gustafson reported the Community Development Block Grand Program ICDBG) project selection process for FY 1989-90 will occur in two parts. This first part is intended to provide Council with information on all the CDBG proposals and to allow for public comment on them and the program's statements of objectives. The second part of the process is scheduled for May 16, at which time staff will present a specific budget recommendation and any requested additional information to Council. Housing Coordinator Thompson reported the availability of $1.2 million in CDBG funds, savings from last year and four major categories to consider which include Social Services, Housing and Social Service Capital Improvement Projects, and the City Capital Improvement Projects. Sandra Wagenaar, 3712 Alta Loma Drive, Bonita 92002, representing the Soroptimist International of Chuta Vista, clarified her application represents an upscale resale shop to benefit the Battered Women Project in Chula Vista. $30,000 was requested for a three year period, with $18,000 needed the first year. MINUTES _ 8 - April 25, 1989 Helen Stokes, 1343 Max Avenue, 92011, requested money for Meals on Wheels; Roberta Hartung, Child Care Director for the South Bay ~ YMCA, thanked the City for making it possible for the YMCA to fully serve the community this year, specifically the after school child care program which includes programs for the deaf; Chris Chase, 1955 Rue Michelle, Executive Director of the YMCA, thanked Council for the cooperation experienced wlth the community and reinforced on Ms. Stokes' statements that the YMCA is makin9 a "real difference." The YMCA respects the whole environment of growth and positive self-image that the community has of itself which reflects on the image of the YMCA. Nora Sears, 1142 Nolan Avenue, Jobs for Youth, reported the growing need of the community; although most students from low-income families are represented, jobs are available for anyone who "wants to work." Ms. Sears requested $3,100 to continue her work; Ms. Jean Serafy, 3188 Grape Street, Otay Community Clinic, requested a Pre~Natal Coordinator position. When funding was not renewed by the State, the Clinic started their own program on a cash basis to benefit the growing need in the area. The requested position will enable the Clinic to become certified at which time the State will authorize payments for a full program to include pre-natal care, dietician, social worker and child birth educator; the program, eventually, will become self-sufficient. Dr. Gall Edwards, 571 Third Avenue, YMCA Family Stress Center, requested support for children who have been sexually abused and their families. She explained her inability to expand the needed program because they are at capacity due to the response to the Families United Program and Daughters/Sons United for incestuous families. During the next fiscal year approximately $62,000 in donations and client fees is needed to raise to maintain the status quo. Employment of a licensed professional with experience enables the Center to employ intern therapists which provides the ability to increase services; it was reported there is a one month to three months waiting list for acceptance into the program. Dr. Edwards reported that Lilia Hernandez, who started a Parents United Program Spanish speaking Chapter in 1988, received the Governor's Service to Victims Award. Another State funded program is Child Abuse Prevention Program for the South Bay area. W. Scott Mosher, 13091 Oleander Avenue, Girls Club and Boys Club of Chula Vista presented two requests, one for transportation to the two facilities at Oleander and "L" Street since they are presently serving 70 children a day, as well as requested services from the schools for "latch-key" children. Additionally, a gymnasium dividing net is requested for the Oleander facility to maximize the number of children to be served in the large gymnasium at any one time. Dr. Olga Alvarez, 225 Third Avenue, South Bay Guidance Center, reported the Center has been existence for 20 years and this is the first time a grant has been applied for. Services for the ~lental Health Services is decreasing while MINUTES 9 April 25, 1989 the population is increasing, they have a long waiting list and often have to refer "out" those who need emergency care; prevention and education is vitally needed in this field. Norma A. Sandoval, 1355 Broadway, Centro Sobriedad, reported she is the Alcohol Coordinator for the Montgomery District, that alcohol and drugs are a priority problem, they are a part of the Episcopal Services who works in the South Bay, and listed the many programs they conduct. George Erikson, 352 Broadway, 92010, Senior Citizen Referral Service, appeared to compliment the "fine job" the Senior Center has done during the time he has been connected with them in his work as a handyman. Judy Johnson, Lutheran Social Services, Project Hand, requested a part-time position for the Interfaith Shelter Network and, recognizing Councilmembers were aware of the work that they do, just made herself available for questions. There being no others to speak either for or against this item, the public hearing was closed. Mayor Cox reminded all applicants that the information will be docketed for consideration at the Regular Meetin9 of Tuesday, May 16 at 7:00 p.m. 18. ORAL COMMUNICATIONS Victor A. Nolan, Mobilehome Issues Committee, reported the Committee has changed the Meeting times from 2:00 p.m. to 4:00 p.m. and asked that the City Clerk's notice reflect the change. James Lovett, Bayscene Mobilehome Park, reported on the first meeting with the Richard Hall Corporation at which the owner stated the City ordinance is of little consequence. He requested Council to request a letter be sent to Mr. Hall to ask for his compliance. Council and staff discussed the procedure being followed by staff to deal with the new owner, the correspondence already sent out and the anticipation of a fair number of arbitrations cases in this park because of the policy of the owner. Councilman Moore stated the letter should be sent as registered mail to insure the park owners have the right guidance. PULLED ITEI~S 5. REPORT NEIGHBORHOOD REVITALIZATION PROGRAM (Acting Community Development Director) RESOLUTION 14064 ESTABLISHING THE SOUTH CHULA VISTA NEIGHBORHOOD REVITALIZATION PROGRAM, ADOPTING A PROGRAM POLICY STATEMENT, AND SELECTING THE OTAY TOWN NEIGHBORHOOD AS THE PROGRAM TARGET NEIGHBORHOOD MINUTES - 10 ' April 25, 1989 Council conceptually approved a preliminary report on the Neighborhood Revitalization Program (NRP) and staff further refined the program with the Montgomery Planning Committee to select an initial program target neighborhood. The Otay Town Neighborhood was selected as the initial target neighborhood for NRP. Councilwoman McCandliss pulled the item for assurance that, in the creation of this program and identifying the area, other areas in need of services will be eligible for CIP dollars. Acting Director Gustafson confirmed this fact and the possibility they are eligible for CDBG funds. COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 9a. RESOLUTION 14065 AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND OFFICIAL STATEMENT FOR A SPECIAL ASSESSMENT (Director of Public Works) b. RESOLUTION 14066 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND These are closing resolutions for the East "H" Street Assessment District proceedings and make a final determination of the amount, period and maximum interest rate of unpaid assessments following the 30oday cash collection period. They also provide for the issuance of bonds to acquire the public improvements on East "H" Street by Rancho del Rey. Director of Public Works Lippitt explained the bonds would be paid from the Assessment District by the people in the area. Director Christopher, when questioned by Councilman Malcolm, confirmed there will not be arbitrage because the proceeds for construction will be expended as soon as the bond proceeds are accepted. COUNCILMAN NADER OFFERED THE RESOLUTIONS which were read by titles, the reading of the texts waived by unanimous consent and approved unanimously. 11. RESOLUTION 14067 APPROVING A STATEMENT OF INTENTION BETWEEN THE CITY OF CHULA VISTA AND THE BALDWIN COMPANY FOR OTAY RANCH (Director of Planning) For the past two years, an interjurisdictional task force has been looking at the feasibility of processing a major amendment to the MINUTES 11 April 25, 1989 County General Plan for the then United Enterprises ltd. property. The County Board of Supervisors concurred a General Plan Amendment could be processed. With the sale of the land to Baldwin several months ago, the jurisdictional and planning options have been reviewed again by the applicant. Baldwin recognizes the advantages of working with the City of Chula Vista and, subject to future assurances, is willing to embark on a comprehensive planning program with the City for the entire property. City Manager Goss reported some modification of the staff report and addressed three major issues. (1) Regarding density, there is no commitment by the City to any density of development and noted on page 2 under City Intentions, the draft agreement is not a commitment to enter into the development agreement but a commitment by the City to conduct a public hearing. Also, the City indicates any portion of the property is subject to replan and the expectation is to conduct a series of studies. (2) The City and Baldwin Company commit to a 9 to 14 month processing schedule to put positive pressure on both the City and the property owner to complete in a timely fashion. (3) The major issues identified are traffic water and sewer service. The more basic issue is whether or not the City can serve the Ranch, which issue needs to be evaluated in a much more detailed way and look at in upcoming studies. Claudia Troisi, Baldwin Company, reported their appreciation to work on the letter of intention and the opportunity to work, in the future, with community groups, agencies, the City staff and, as part of that effort, they will fully cooperate in the growth issues which are important to the City of Chula Vista. The Baldwin Company also hopes to have an opportunity to show Council and the community some preliminary plans to obtain input. Councilwoman McCandliss reported this important first step is a long path of analysis and concerns on both sides and requested that everyone analyze the ability of the City to provide services on a comparable level throughout the City and to begin to plan for the overall expansion of the City. Councilman Malcolm agreed and stated it is essential for the City to annex the property and gain control to assure, by diligent work with the landowner, the property is dealt with in a proper manner. MAYOR COX OFFERED THE RESOLUTION which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 19. CITY MANAGER'S REPORT a. Scheduling of Council meetings The Regular Conference at 4 p.m. on Thursday will be the expansion of the Metro Sewer System or the Clean Water Project, and the cost of $2.6 to $4.6 billion dollars for expansion of the sewer project. MINUTES - 12 April 25, 1989 b. Joint Meeting with the School Districts will be held on May 1 and the agenda was discussed. c. Council will be in receipt of a letter identifying three dates for Budget Hearings. 20. MAYOR'S REPORT a. Ratification of appointment of Kathryn Robens MOTION MSUC (Cox/M) to ratify the appointment of Kathryn Robens as the Vice Chairman of the Environmental/Open space Issues Subcommittee for Chula Vista 2000 Task Force. b. Request to SANDAG to expand commercial airport site selection study to include costs and implications of expansion of Lindberg Field Three sites are being pursued by the Task Force (the Otay Mesa, Miramar Naval Air Station and Miramar East or east of Interstate 15). Mayor Cox reported the presumption that Lindbergh Field would not be one of the candidates is one of the flaws in the study. Evidence exists that with the reconfiguration of the existing adjacent land uses, Lindbergh Field could continue to operate. All reasonable options should be investigated to complete a valid study. MOTION MSUC (Cox/McCandliss) that the City Council of Chula Vista go on record to request SANDAG to expand their existing study to include the cost and implications of the expansion of the existing Lindbergh Field location. Councilmembers discussed the issues of no organized opposition, the major expansion planned of the Unified Port District, the need for the City of Chula Vista to get involved on this issue, and that a request be sent to the Port Commissioners to reconsider their Policy Report adopted in January 1989 that they would not consider the expansion of Lindbergh Field as an alternative. The Port's Policy stated the geographical constraints of Lindbergh Field make it incapable of accommodating the growth and air traffic in the San Diego region. The fact that the City of San Diego has come up with a configuration to keep the airport on this side of the border for more control over direction and decisions and, because no organized opposition exists, a focal point needs to be developed. VOTE ON THE MOTION Motion carried unanimously. c. Mayor Cox referred Assembly Bill 2349 which the City of Vista requested this Council to consider; the Bill was referred to the Legislative Committee for consideration. MINUTES - 13 April 25, 1989 d An invitation was received for submission of a project for this year's Helen Putnam Award by August 1, 1989. Mayor Cox suggested the intergovernmental cooperation done with the Sweetwater High School District. 21. COUNCIL COMMENTS COUNCILMAN ~OORE: a. An Ad Hoc Task Force Meeting on Water on Monday, ~ay 1, at 7:00 p.m. in Conference Room 2 and 3; Ad Hoc Task Force on Mobilehome Park Relocation with a tour of the Parks on Wednesday, May 3, at 2:45 p.m. COUNCILMAN MALCOLM: b. Legislative Report for Council Action SB 497 (Stirling) Public Utilities: Acquisition - (Support in concept) AB 901 (Killea) Public Utilities: Acquisition of Control:m~l Election (Support) AB 902 (Killea) Public Utilities: Condemnation: Compensation (Support) AB 903 (Killea) Municipal Utility Districts: Eminent domain (Support) SB 796 (Deddeh) Public Utilities: Acquisition of control: Environmental Impact Report (Support) SB 799 IRosenthal) Public utilities: Rates: allocation of Gains (Support) MOTION MSUC (Malcolm/Cox) to support the above Legislative Bills. c. Legislative Report for Information Only: SB 552 (Russell) Municipalities: Granting of Franchises (Info only - Opposed) SB 53 (Rosenthai) Public Utilities Acquisition PUC Approval Status update SB 52 (Rosenthai) Public Utilities Acquisition Status update and control SB 299 (Stirling) Public Utilities: County Status update water authority HR 11 (Killea) Public Utilities: Assembly Info only office of research SB 769 (Rosenthai) Public Utilities: Rates Info only d. A ban was placed on skateboarding activity in the Downtown area and other areas of the City, but direction should be given to children with advice on alternative places they could skateboard. MINUTES - 14 April 25, 1989 MOTION MS (Malcolm/Cox) to refer the item to the Parks and Recreation to submit an Informational item relative to skateboards. Councilman Nader agreed with this request and a suggestion was made to direct the problem to the Youth Commission. Councilman Moore, however, reported the liability of the City by providing the area should not be overlooked, pointing out that commercial establishments have shut down their ramps for the same reason. City Attorney Harron, in response to Councilman Nader, confirmed that by providing a skateboarding facility and failing to make that activity a crime under the City's laws does not make the City liable in the event of an injury. VOTE ON THE MOTION Motion passed unanimously. e. Request that the letter received from ULTRONICS received in the packet as an information item, be docketed on the Agenda for May 2, t989. COUNCILMAN NADER: f. Letter received from Chief Kearns, Department of Health Services, Toxic Substance Control Division, reported a conclusion reached that no further action will be taken against the Department of Control Services. Councilman Nader disagreed with the decision stating that the safety of the citizens was the primary concern. MOTION M (Nader) to direct staff to invite the Department of Control Services' representatives to a City Council Meeting at which the Department and the City could explain their positions. Discussion by Councilmembers questioned the advisability of the motion since a report of the investigation being conducted has not been received. City Manager Goss reported the letter was distributed as soon as received this date but enough time has not elapsed to evaluate the contents. SUBSTITUTE MOTION M (Nader) to direct staff to docket the item on a future agenda at which representatives of Department Control Services be invited. The MOTION DIED for lack of a second; Councilman Nader requested it be made clear that if the safety of the vehicle, the training of the driver, etc. were not at issue when Council action was taken. The responsibility of the Company was questioned by accepting for transport items which were labeled as such and not putting experts on notice that they are unsafe. MINUTES - 15 April 25, 1989 COUNCILWOMAN McCANDLISS: g. Changes in the Design Review Process Decisions for new buildings on Broadway was questioned. No Department staff was present; City Manager Goss will report back on the item. ADJOURNMENT AT 9:34 p.m. to the Council Conference of Thursday, April 27 at 4:00 p.m. in the Council Conference Room, City Hall, to the Joint Council/Chula Vista 2000 Steering Committee Meeting on Saturday, April 29 at 10:30 a.m. in the Conference Room 2 & 3, Public Services Building, to the Joint Meeting of Council with the School Districts on Monday, May 1, at 4:00 p.m. at the Sweetwater Union High School Administrative Building and to the Regular Meeting of May 2, 1989 at 4:00 p.m. i ~_C~cil Chamber. e~nle M. Fulasz,~CM Y'CLERK a~n'Fortune, CMC DEPUTY CITY CLERK