HomeMy WebLinkAboutReso 1971-6130RESOLUTION N0. 6130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO
TO CONSIDER ADOPTING LEGISLATION PROHIBITING DISPOSABLE
CONTAINERS AND IMPOSING SUFFICIENT DEPOSIT REQUIREMENTS
ON RETURNABLE CONTAINERS TO PROVIDE AN INCENTIVE TO
ELIMINATE THIS MAJOR PROBLEM OF SOLID WASTE DISPOSAL
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, several communities in the United States and Canada
and the State of Oregon, most recently, have adopted legislation elimi-
nating disposable containers and imposing sufficient deposit requirements
on returnable containers to provide an incentive to eliminate this major
problem of solid waste disposal, and
WHEREAS, the Environmental Control Commission of the City of
Chula Vista has conducted lengthy hearings and surveys regarding this
problem area of solid waste disposal, and
WHEREAS, as a result of said hearings and surveys in the City
of Chula Vista, it has been determined that, first of all, legislation
imposing such restrictions would make a notable contribution to the
resolution of one of the gravest problems of pollution in our area, and
WHEREAS, the City Council of the City of Chula Vista has con-
sidered the recommendations of the Environmental Control Commission and
while concurring with the intent thereof feels that its imposition solely
within the City of Chula Vista would have little impact in achieving the
desired results and might further result in unnecessary discrimination
against business enterprises within this particular community, and
WHEREAS, the City Council feels that a broader market area, i.e.,
County of San Diego, should be the jurisdiction adopting such legislation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby urge the Board of Supervisors to consider
adopting legislation to eliminate disposable containers and imposing
sufficient deposit requirements on returnable containers to provide an
incentive to eliminate this major problem of solid waste disposal.
BE IT FURTHER RESOLVED tYiat the City Clerk of the City of Chula
Vista be, and she is hereby authorized and directed to forward certified
copies of this resolution to the Board of Supervisors of San Diego County,
the City Councils of all of the cities within the County of San Diego
urging that they adopt similar resolutions to obtain passage by the Board
of Supervisors of such laws at the earliest possible time.
Presented by
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Thomas D. Hamilton, Jr., Mayor
Approved as to form by
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George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 20th day of July , 1971 , by the
following vote, to-wit:
AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl
ABSTAIN: Councilman Scott
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula Vis::a
ATTEST `
City C3.er
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
IA JENNIE M" FULASZ,, City Clerk cf the City of Chula Vista,,;
California,, DO HEREBY CERTIFY that the above and foregoing is a full;
true and correct copy of ~ and that the
same has not been amended or repealed„
DATED
City Clerk
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OFFICE OF THE
CITY ATTORNEY
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City o~ Cfnu~a ~U~sta
CALIFORNIA
DATE: July 20, 1971
TO: The Honorable Mayor and City Council of the City
of Chula Vista, John R. Thomson, City Manager,
The Environmental Control Commission
FROM: George D. Lindberg, City Attorney
In regard to recent discussions concerning legislation to
prohibit the sale of non-returnable and disposable beverage
containers, I was not certain as to whether or not I had
forwarded a copy of the attached opinion of the City Attorney
of Berkeley, California to the Council and the Environmental
Control Commission.
In checking my files, I wished to make certain that the Council
and Commission were aware of said opinion. It should be noted
that Mr. Anderson is highly regarded as one of the most able
City Attorneys in the State of California and is presently
acting as Special Counsel on the Supreme Court decision re-
garding the Fresno utility users tax.
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FROM.
SliBJECT:
~ce~tiber 11, 19'(G
Honorable i~iavor and f~Iembers
of the City Cnunoil J /
ROBERT T. Ar~~ERSGT~, City Attorney ~)-i~,,%~~j~",~.i -
~JALIDITY OT' SUGGESTED LEGISLATI0I`1 PROT~.IBITIIV'G SA.I:~ OF'
CETAIN N01`,i?F'TURIdAFiLE OR DISPOSABLE BEVERAGE CONTAIi,~RS.
I have reviewed the ordinance of the City of Bot•rie, Diary- .
land, ~.rhich proY>ibits the sale of certain nonreturnable or disposable
beverage containers and the .dcdesto resolution which urges the State
Legislature tc ccnsir.er ,egislation ti~rhich would require a deposit on
all containers used for tree sale of melt and carbcrated beverages.
It is my oE~ini.an thr:r, th~~ I~rn~ri~r, Mar;,~land, .1 ~~~;:~slr3ti;~n and the legi.^-_•-
1:~tion su"i_;•:~t~~d by th~~ P~!odcsto rE~solution Caro not legally sustain-
. able on th~~ ~;rou~~d t};at such legislation would be in violation of th~;~
equal pr.ci;ection of the laws provision of the Federal Constitution.
The c)_assification which would be established by such legislation
bears no reasonable relationship to the objectives sought to be at-
tain~d, because from the standpoint of solid waste disposal and the.
problem of li.t~ter, it i_s difficult to understand how a distinction
may be made between. containers, whether metal, glass, plastic or of•
other material, simply by reason of the product marketed in such con-
toinei•.
There is certainly no legal objection tq that portion of
the Modesto lesolution which urges r_sea cr. and r. cycling efforts.
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` ROBERT T. ANDERSON
City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the GTTY OF CHUL;A
VISTA, CAEIF`ORNIA, this clay of i9 by the
foxlowing vote, to-wit:
AYES: Councilmen
NAYES: Councilmen
ABSENT: Councilmen
Mayor of the City ~:f Chula V~.s~.~
ATTEST
City C~erk
SPATE OF CAhIFORNTA ~
COUNTY OF SAN DlEvO ~ ss.
CITY OF" CHUEA VISTA
I ; JENNLE M P`ULASZ - Ci~cy Clerk ;~f the City of Chula Vista
Californian DO HEREBY CERTIE'Y that the above and f~oreg~i.ng fs a full
true and correct copy of and th~.t xh~
same has ~a.ot been amended or repealed.,
DATE D-
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City C:Lex~ ,%/
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