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HomeMy WebLinkAboutRCC AGENDA PK 1990/10/15September 2F __ TO: Resource Conservation Commission VIA: Doug Reid, Environmental Review Coordinator FROM: Stephanie Popek, Principal Management Assistant, Administration SUBJECT: Requested Information on Proposed Residential Curbside Recycling Services At your September 24, 1990 meeting, during review of the draft agreement for curbside services, the motion to recommend approval to the City Council was denied. At the time, comments were made to the effect that, while the RCC supports the concept of recycling, the Commission did not have sufficient information explaining the economics of the proposed program. In a follow-up motion, the RCC directed staff to provide additional information on recommended rates, as well as comments on "incentive based programs." This memo is intended to respond to that direction. A detailed explanation of the rate components and the program costs, revenues, and credits are included in the attached Council Agenda Statement. This report was not available for your last meeting but will be reviewed by the City Council on the October 2nd agenda and again at the October 16th public hearing. Both meetings will allow for public comment. The Commission's interest in "incentive based programs" was a general statement. As a starting point, it is important to note that any curbside collection program, no matter how efficiently designed, will still cost more to operate than the sale of the materials recovered will provide. Given that the operation will therefore require payment by either an individual resident or through an agency's General Fund, then it becomes a question of what specific activities could be incorporated into a program which would produce the desired results. Major criteria for these activities would be to foster a positive approach to recycling, increase interest in program participation, and improve the quantity and quality of materials recovered. Some proven methods which have been used in curbside programs to accomplish these goals include: A "Block Leader" volunteer support network Random checks of refuse placed curbside and "prizes" awarded for lack of recyclable materials Direct mail or personal surveys regarding the service and soliciting ideas from the public -2- The proposed curbside program budget includes $24,000 for necessary staff time and supplies related to general education and promotion for the first fifteen months of the program. The incentive activities described above typically require significant staff time and funding, and any one could use a major part (if not all) of the $24,000 budget. However, these are also the types of discrete projects which make excellent grant applications. It is currently planned that City staff will be evaluating and exploring opportunities such as these, applying for funding when available and appropriate. There is one final comment on program incentives which represents a conce t rather than a specific activity. It is a fact of human behavior that people respond more rapidly to economic incentives or disincentives than to other types. If the goal is to encourage the public to reduce the amount of garbage placed at the curb -- by not consuming items that have to be thrown away and/or by recycling as much as possible -- the best economic incentive is a variable garbage rate: as the amount of trash decreases, so does the bill. Changing from the current trash rate structure to a variable rate structure is a complex assignment and one that cannot be accomplished without adequately considering all the ramifications to the community. The City has discussed this concept with Laidlaw and there is mutual interest in continuing to look at the situation for a future shift. It is not feasible to initiate such a change as quickly as is currently necessary for the City to begin responding to the recycling mandates of AB 939. In summary, I hope this information responds to the Commission's questions and concerns. I may be reached at the City Manager's Office (691-5031) if you need any clarification. Should you wish to take further action on this issue at a future RCC meeting, or provide your input directly to the City Council, I remind you of the scheduled public hearing on October 16, 1990 at 6:30 p.m. in the Council Chambers. SP:mab rcc COUNCIL AGENDA STATEMENT Item Meeting Date 10/2/90 ITEM TITLE: Report on Expansion of Residential Curbside Recycling Services Resolution Giving Notice of Intent to Consider Granting a Franchise for Recycling Services to Laidlaw Waste Systems, Inc. and Setting a Public Hearing SUBMITTED BY: Stephanie Popek, Principal Management Assistance REVIEWED BY: City Manager (4/5ths Vote: Yes_No x ) On April 26, 1990, the City Council held a workshop to discuss the growing landfill crisis and the alternatives offered by recycling. Issues of paramount concern include: minimal remaining life span on existing landfills; the exorbitant cost of new landfill property; increasing transportation costs to reach the only reasonable site locations; and the continuing drain on natural resources. An integrated waste management approach to include a wide range of recycling programs has become a legislative priority at the State level and offers some much needed solutions. At that workshop, an expanded residential curbside recycling program was approved to service approximately 22,000 single family homes at no City cost. The decision to expand the program was based on data from a pilot program in which City residents in 3,400 homes were being provided curbside services by Laidlaw Waste Systems, Inc. since September, 1989. The expanded program approved in April would pull recyclable materials out of the waste stream as a first step in meeting the mandates of AB 939, the California Integrated Waste Management Act of 1989. Under this State mandate, all cities and counties in California are required to reduce waste by 25% by 1995 and 50% by the year 2000. Failure to produce and implement a workable plan or to meet these goals can result in penalties to the jurisdiction of up to $10,000 per day. Staff was directed to negotiate a contract and implementation schedule with Laidlaw Waste Systems, Inc. In the staff update provided during the FY 1990-91 budget review sessions in June, it was anticipated that the expansion to a total 23,500 homes could begin in October 1990 pending the County's notification to Laidlaw on a technical assistance grant which would be used to reduce the capital cost of the program. At the time, Council also directed staff to prepare a public awareness campaign that would inform residents of the cost and importance of the program once specific details were available. Subsequently, the County's delay in awarding grant funds and lead time needed by Laidlaw for ordering special recycling vehicles have now set the Citywide expansion date for January 1991. An agreement regarding the curbside services has been reached with Laidlaw, and is represented in the attached Exhibit "A". The proposal is for the recycling services to be incorporated within the existing contract with Laidlaw for refuse collection and disposal. It is also intended that a franchise be granted. Page 2, Item Meeting Date 10 2 90 Therefore, this report presents an overview of the program and its costs and implementation schedule. In accordance with Charter Section 1201, the resolution accompanying the report provides notice regarding the proposed franchise and sets a public hearing for October 16, 1990. Further, the report describes the public education efforts directed by Council which are currently underway. RECOMMENDATION: Approve the resolution giving notice of intention to grant a franchise for recycling services to Laidlaw Waste Systems, Inc. and setting a public hearing. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed the proposed agreement at its September 24, 1990 meeting. There was agreement to support the draft ordinance in a 3-1 vote which failed because the vote was not unanimous. Staff was further directed to provide additional information regarding the proposed rate and the possibility of "incentive-based programs." Since minutes will not be available for this October 2 City Council meeting, Exhibit "B" is the staff response to the RCC. Further, copies of the report and proposed agreement have been provided to the Growth Management Oversight Committee and the former Chula Vista 2000 Subcommittee on Open Space and the Environment. DISCUSSION: The City's pilot program is still in operation at Laidlaw's expense. Since data from the program was the primary basis for structuring the Citywide program and its rates, this discussion will begin with a summary of the pilot data and trends. laidlaw's initial capital investment to conduct the pilot program was approximately $100,000 for one specially designed vehicle, containers and promotional expenses. Ongoing operational expenses are approximately $5,000 monthly and are offset partially by material sales of about $650 per month. In the first nine months, 699,000 pounds (or 350 tons) of recyclable newsprint, aluminum, steel, glass and plastic were collected, diverted from the landfill, and routed to secondary markets to be made into consumer goods. Of that tonnage, 74.6% was newspaper and 20.6% was glass. The remaining materials were less than 3% for bi-metal cans, slightly more than 1% for plastics and less than 1% for aluminum cans. This profile is consistent with data from other curbside programs, and is significant in illustrating that the sales of recovered materials cannot come close to covering the cost of the program: 95% of the materials collected will only bring from 1-5 cents per pound in the secondary market. This tonnage represented an average overall weekly participation rate of 38.9% for the 3,408 homes in the pilot area. At the same participation rate, the Citywide expansion to the 23,500 homes described in Exhibit "A" should remove over 3.220 tons in the first full year of operation. A rigorous public education campaign is included in this proposed program and is expected to raise the participation rate and tonnage. Page 3, Item Meeting Date 10 2 90 Program Highlights The proposed program will: Allow Citywide expansion to all single-family homes in January 1991. Containers and instructions will be delivered during late December. A weekly commingled collection of the same materials will be picked up on the same day as the refuse collection. Cost $1.25 per month per household, and the first quarterly billing for this increase will be mailed in late December. All 23,500 single family homes will be charged the service fee and provided with a collection container, whether or not they choose to participate. This cost is the net cost of operational costs, less estimated revenue from the sale of recoverable materials and landfill diversion credits. Further information is covered in the following discussion on Rates. Provide that residential curbside recycling services from Laidlaw be considered as additional services which are separate from the refuse collection and disposal services. Accordingly, acceptable performance of recycling services will be determined separately. The City retains the right to bid out those services in the future if performance is not acceptable or if Laidlaw is not interested in providing services as needed. Permit the City to work with Laidlaw on establishing a comprehensive range of recycling services within the next 18 months, to further meet the landfill diversion mandates of AB 939. Services are planned to include yard waste collection, multi-family residential collection and commercial/industrial recycling. Each new program will require a negotiated amendment to the contract and the City retains the right to bid out any or all programs. Rates Recycling rates are more complex than those for refuse collection, because there are more variables to consider than just the operational cost of collecting and disposing of the material. A reasonable calculation requires consideration of four components: operational costs, revenues from material sales, landfill diversion credits, and grant funding. In general, the initial rate of $1.25 per household per month is a net cost first established by projecting actual operating costs from the pilot program ($1.85), then reduced by estimated revenues ($.40) and landfill diversion credits ($.20). Estimated revenues are based on current market data and adjusted for reasonable trend projections. Landfill diversion credits are current rates applied to estimated tonnage (3,300 tons) to be collected. Page 4, Item Meeting Date 10 2 90 Grant funding is one final component which has the ability to affect the net calculation of the curbside recycling fee. There is no adjustment for grant funding reflected in the $1.25 fee, although Laidlaw has applied for $100,000 from the County's Recycling Technical Assistance Program. Grant award notices are expected out in October or November 1990, with actual payments much later in the fiscal year. Because of the City's need to move forward now in establishing the program expansion and rate, provisions have been made in the agreement that any grant funds received will be applied during the next rate review period and are estimated at a $.10 per household reduction each month. The components of the proposed rate can be approximated as follows: $1.85 Operational costs (personnel; depreciated capital, [i.e. trucks and containers]; materials, supplies, overhead; equipment operation, maintenance, insurance; public education; City administrative costs) (.40) Revenue from sale of recovered materials x.20) Landfill diversion credit $1.25 Some important notes regarding the handling of recycling services rates in this agreement include: The $1.25 rate is set from January 1991 through March 31, 1992. Rate changes (increase or decrease) will take place beginning in April 1992 and be concurrent with one refuse collection fee increase each year thereafter. From January to April of each year, the City will review with Laidlaw the actual cost of the program during the previous year to arrive at the new rate. During the rate review period, actual revenues and landfill diversion credits will be compared to original estimates and shortfalls or overages will be applied to the new rate. Actual operating costs are subject to the same conditions as the refuse collection agreement, whereby that increase will not be above the C.P.I. without an automatic public hearing. Public Education The City recognizes the need for an active, creative public education campaign for the start-up and overall maintenance of the program. Plans are underway for a "kickoff" and could include a slogan and logo contest, student and community group participation and instructional literature about how and why Chula Vista residents should recycle. The cost of ongoing public education activities is provided for in the program budget. Page 5, Item Meeting Date 10 2 90 In addition, a Community Meeting will be held on Monday, October 8, 1990, responding to Council concerns about the need to explain curbside recycling economics to the public who will be paying the bill. That meeting will be ~~ held in the City Council Chambers at 7:00 p.m. and will be Plain Talk about ~~ Curbside Recycling in Chula Vista. Residents are also encouraged to make comments during the Public Hearing on October 16. Notice of both meetings is being sent out in Laidlaw billings, the Chamber of Commerce newsletter, announcements through the news media and flyers distributed at public service counters. Summary The City can no longer debate whether or not recycling will occur in Chula Vista, but rather, which recycling activities will best assist in achieving the necessary recycling goals. As a first step in meeting AB 939 mandates, the proposed residential curbside recycling program can be expected to divert between 5% and 8% of total waste generated. It is important to note that the most significant contribution to wastestream reduction that is made by any residential curbside program is that it is convenient to the residents. When properly accompanied by well-designed public awareness programs, it does the invaluable task of instilling the "recycling ethic." It has been the most politically visible type of recycling program in the past and is, therefore, commonly the first type of program established in a community. For these reasons, it is recommended that the Citywide expansion described in this report be approved for implementation. FISCAL IMPACT: There is no cost to the City as a result of this program. Additional franchise fees are estimated for the remainder of FY 1990-91 at $10,754, which will be used to partially. support the position of Conservation Coordinator. WPC 3428A r ,. RESOURCE CONSERVATION COMMISSION MEETING OF AUGUST 6, 1990 RECOMMENDATION TO CREATE COMMUNITY PLANNING G, ~ THF. RESOURCE CONSERVATION COMMISSION RECOMMENDS THAT THE CHULA VISTA CITY COUNCIL CREATE TWO NEW COMMUNITY PLANNING GROUPS - ONE IN THE SWEETW.ATER PLANNING AREA AND ANOTHER IN THE EASTERN TERRITORIES PLANNING AREA. BECAUSE OF UNPRECEDENTED GROWTH AND ITS RELATED PROBLEMS, THE NEIGHBORHOODS OF THESE TWO PLANNING AREAS NEED A MORE IMMEDIATE AND RESPONSIVE VOICE IN THE PLANNING PROCESS. COUNCIL SHOULD USE THE MECHANISM IN MUNICIPAI, CODE CHAFTER 2.96 TO CREATE THFSE TWO COMMITTEES (GROUPS). THE PROCESS SHOULD BE AS FOLLOWS: 1. USE THE GEOGRAPHIC BOUNDARIES AS DEFINED IN THE GENERAL PLAN TO CREATE THE SWEETWATER AND EASTERN TERRITORIES COMMUNITY PLANNING COMMITTEE. 2. FOREGO THE REQUIREMENT THAT 25a OF THE ELECTORS SIGN A PETITION TO ESTABLISH THE COMMITTEES. 3. CONDUCT A PUBLIC HEARING TO DETERMINE THE NECESSITY. 4. APPOINT THE INITIAL SEVEN MEPQBERS. ALL OTHER NECESSARY PROVISIONS FOR FORMATION AND PROCEDURES ARE LOCATED IN MUNICIPAL CODE CHAPTER 2.98. 4 2.46.100 Duties and functions designated. The youth commission. shall perform the following duties and functions: A. Establish a direct communications link between the young people of the city and the city council, to assist in those matters which are of concern to the young people; and in turn, to the entire community; B. Provide recommendations and suggestions to the city council and to all boards and commissions of the city reflecting the point of view of the young people of this community; C. Assign one or more of its members to sit with and participate in the deliberations of the various boards and commissions of the city in accordance with reasonable rules and regulations that may be adopted by said boards and commissions and thus be ex officio members of said boards and commissions. - ' D. Perform any other additional duties and functions as may from time to time be developed by the youth commission itself. (Ord. 1335 § 1 (part), 1971:. Ord. 1283 § 1 (part), 1970: prior code § 1.603.) 2.46.110 Staff assistance-and funding. The city manager may make available staff and clerical supports as requested by the commission, to fulfill its functions and duties, provided such staff and clerical support is available. 'In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs or general program support, the city manager is authorized, upon recommendation of the commission and approval of the council, to enter into appropriate contracts for the utilization of such funds in furtherance of the purpose and intent of, and the duties and functions of the commission. (Ord. 1335 § 1 (part), 1971: Ord. 1283 ~ 1 (part), 1970: prior code 4 1.604.) Chapter 2.48 COMMUNITY PLANNING COMMITTEE21 2.48.040 2.48.050 2.48.060 2.48.070 2.48.080 2.48.090 2.48.100 Sections: 2.48.010 2.48.020 2.48.030 Purpose and intent. Creation authorized. Formation procedure within incorporated and hearing required. Formation procedure in territory proposed Public hearing-Scope-Council authority. Resolution for creation-Contents. Governing board-Composition-Term-Conduct Powers and functions. Review duties-C~nerally. area-Petition, for annexation. 2.48.110 ~_ 2.48.120 2.48.130 generally. Review duties-General plan and subdivision provisions. Review duties-Variances and conditional use hearing when. Funding and other assistance-Report duty. Recommendations-Scope._ . notice and zoning permits-Public -- 74 2.48.010 Purpose and intent. A. It is the purpose of the city council to establish procedures for the creation of advisory groups in the various communities of the city having F , particular community identification and cohesion, to be known as community planning committees. Said committees would participate at all stages in the formulation of the community's element of the general plan of the city, and in the implementation of said community element through the adoption of zoning regulations and the imposition of such regulations upon property within the community and the granting of variances and conditional use permits. B. It is the intent of the city council in encouraging the creation of such community planning committees to develop a more immediate representative and responsive voice in the democratic governmental process_by those citizens in areas within the city which can truly be called distinctive communities facing problems peculiar •to said communities. The primary purpose of such community planning committees is intended to be, but not limited to, direct participation in the planning .process of the city as it relates to their own community. (Ord. 1367 § 1 (part), 1971: prior code § 2.1001.) 2.48.020 Creation authorized: The city council does hereby authorize the electors of the several communities of the city to create community planning committees which will be recognized by the city council for the purposes set forth herein and shall be granted duties and powers prescribed hereinafter. (Ord. 1367 § 1 (part), 1971: prior-code § 2.1002 (part).) 2.48.030 Formation procedure within incorporated area-Petition, notice and hearing required. Community planning committees shall be initiated by submission of a petition to the city council delineating the territory of the community, which territory should be based upon demographic considerations providing for some well-defined geographic area as well as a community of interests. Said petition shall affirm that at least five thousand persons reside within the proposed community and must be signed by twenty-five percent of the electors within said territory. Upon receipt of the petition, the city council shall set a public hearing, publishing notice of said hearing twice prior thereto, the second publication being not less than ten days prior to the day and hour set for the hearing, and notice shall also be posted in any commercial centers located within the proposed community territory. (Ord. 1367 § 1 (pant), 1971: prior code § 2.1002(1).) 2.48.040 Formation procedure in territory proposed for annexation. In an area proposed for annexation, the city council shall at the time of the public hearing consider the question of the formation. of a community planning committee and may place the issue of annexation and th.e formation of a community planning committee. The city council may fill the positions on the community planning committee by: A. Appointment. 'B. Placing a slate of candidates composed of electors of the area to be annexed on the ballot. C. By adopting a resolution at the conclusion of the public hearing requiring that the seven candidates with the most- votes be elected to the community planning committee for initial terms after which subsequent terms shall be filled by appointment. 75 (R 1Z/85) The.. council shall designate the method of selection at the public hearing. (Ord. 1968 § 1 (part), 1982: Ord. 1914 § 1, 1980: Ord. 1367 § 1 (part),. 1971; Ord. 2119; 1985: prior code § 2.1002(2).) 2.48.050 Public hearing-Scope-Council authority. The purpose of the public hearing shall be to receive testimony from all persons residing within the territory proposed to be established for a community planning committee. Said testimony shall be required in order that the city council may determine the necessity and desirability of creating such a committee. At the close of said hearing, the city council shall consider all testimony and determine said necessity and desirability for creating the committee, which shall be done by resolution. (Ord. 1367 § 1 (part), 1971: prior code § 2.1003.) , 2.48.060 Resolution for creation-Contents. If the city council determines that it is necessary and desirable to create a community planning committee within. the territory as defined in the initiative petition, they shall adopt a resolution which shall: A. Fix the boundary of the territory to be represented by the community planning committee after rece-wing a recommendation on said boundaries from the planning commission of the city; B. Adopt the name of the community planning committee and establish a time and place for the convening of a meeting of the community planning committee, which shall be open to all residents and property owners of the community defined in the resolution.- (Ord. 1367 § 1 (part), 1.971: prior code § 2.1004.) ~. 2.48.070 Governing board-Composition-Term-Conduct generally. A. The community planning committee governing board, which shall be known as the community planning committee, shall be composed of seven members to be selected by one of the following procedures as directed by the city council after hearing testimony at the public hearing as provided in Section 2.48.050: 1. Formation within incorporated area: a. Election at initial meeting of the residents and property owners of the community planning territory called by the city council and noticed in the manner provided by the Government Code of the state of California; b. Appointment by city council; or - 2. Formation in territory proposed to be annexed to the city: a. Election on annexation ballot: b. Appointment by city council. B. In order to qualify for membership on the community planning Committee, it shall be required that committeemen be at least eighteen years of age and an elector in the community planning area at the time of their appointment or election and shall be nominated by a petition signed by twenty electors of the territory. Committeemen shall serve. for two-year terms; provided however, that the initial committee members shall. upon. election or appointment draw lots to provide that initially four of the committeemen L 76 (K .12/85) shall serve for a term of two years and three of the committeemen shall serve for a term of one year. Upon its formation, the community planning committee shall select from among its members a chairman, vice-chairman, secretary and treasurer, who shall serve for a period of one year from the date of the initial meeting. The community planning committee shall possess those powers and duties set forth herein. They shall conduct their meetings in public at a regularly scheduled time and place to be designated by the community planning commnittee and shall be subject to all rules .and regulations related to the conduct of the public's business as contained in the Government Code of the state, provided however, that they shall not be required to publish notices of public hearings except in those cases where- it is determined by the committee that the public interest would be best served_by said publication. C. The city council may review the procedures established by this chapter or the method of operation of a community planning committee after a period of not less than one year from the date of formation of the first community planning committee in the city, in order to make such changes and modifications as may be deemed necessary or desirable, e.g., change in method of selection o~ members of committee by appointment to election of said members by the electors of the territory. Said review shall be undertaken at a publ i c hearing to be cal 1 ed by the city counci 1. It i s the intent of this provision to. provide a sufficient test period for the operation of a community planning committee. (Ord. 1968 § 1 (part), 1982: Ord. 1367 § 1 (part), 1971: prior code § 2.1005.) f 2.48.080 Powers and functions. A. The primary and initial function of the community planning committee shall be the development of the conmmunity element of the general plan of the city for the area encompassed by the conanunity planning committee. B. In addition to the development of the community element of the general plan, the community planning committee shall have the power to review and recommend upon, as provided herein, all of the following items: 1. Precise community plans, including but not limited to all land uses, population density, transportation network planning, including streets and trails (equestrian, bicycle and hiking), open space, park lands, and all other items of a community plan; 2. Zoning regulations in terms of the comprehensive zoning ordinance, including planned community and planned unit development ,programs, and the incorporation of properties within the territory of the community planning committee into particular zones; 3. Variances; 4. Conditional use permits; 5. Subdivision of land, including the review of tentative and final subdivision maps submitted to the city subdivision advisory commnittee and planning commission and the review of the subdivision development standards relating to, but not exclusive of the following: a. Local street. design, b. Landscaping, c. Grading and hillside development, d. Open space; _ _ , 6. Architectural review; T 77 ~. 7. All other police regulations affecting land use, e.g., animal regulations, trees, etc. (Ord. 1367 § 1 (part), 1971: prior code § 2.1006.) 2.48.090 Review duties-Generally. The planning department and/or the department of public works shall upon receipt of any plans or maps or any proposed changes in the comprehensive zoning ordinance or the subdivision ordinance forthwith transmit copies thereof to any established community planning committee and it shall be the duty of said committee to forthwith review said plans or changes in the comprehensive zoning ordinance or subdivision ordinance and any requests for zonings, variances .and conditional use permits and transmit their findings in writing or be present at the hearings before the planning commission of the city or the city council and make known the. conclusions of the community planning committee at said hearings. In the event that the committee deems it advisable; it shall call a public meeting, noticed in the manner set forth herein, to discuss said items and' to arrive at a determination for recommendation to the planning commission or the city council. (Ord. 1367 § 1 (part), 1971: prior code § 2.1007.) 2.48.100 Review duties-General plan and subdivision and zoning provisions. The. community planning committee shall review all items of the community planning element of the general plan, zonings, subdivision developments, comprehensive zoning ordinance and subdivision ordinance, related to changes ( within the territory of the community planning committee and shall report their findings and recommendations to the appropriate body within twenty-one -days of receipt of the information from the city or at the time said bodies are conducting a public hearing.. Said bodies shall include the subdivision advisory -committee and the planning commission, and the city council shall recognize the representative of the community planning committee as a duly selected representative of the community interests of the territory designated as a community planning committee. (Ord. 1367 § 1 (part), 1971: prior code § 2.1008(1).) 2.48.110 Review duties-Variances and conditional use permits-Public hearing when. In those circumstances where the community planning committee, forwards recommendations relative to variances and conditional use permits to the planning commission of the city, the recommendation shall be accepted by the planning commission and weighed with all testimony elicited at the public hearing. The recommendation of a community planning committee made in accordance with the same administrative standards and guidelines required of the planning commission may only be overridden by a vote of five of the seven members of the planning commission. In the event that the request for a variance or conditional use permit is one heard originally by the zoning administrator of the city,. any determination contrary to the recomm~endation of the community planning committee shall forthwith be forwarded to the planning commission fora public hearing in accordance with the procedures set forth in Title 19 of this code. (Ord.. 1367 § 1 (part), 1971: prior code § 2.1008(2).) T 78 r~ 2.48.120 Funding and other assistance-Report duty. The city council may from time to time appropriate necessary funds as a portion of the budget of the city to support the activities of community - planning committees established in various areas of the city. Said funds shall be made available for publication of required notices of public hearings or other matters presented to the city council during the course of consideration of the budget of the city. Expenditure of all such funds shall be supervised by the director of finance, and the community planning committee shall make a quarterly report of their programs and activities and financial expenditures to the city council. The members of the community planning committees shall receive compensation for expenditures in the same manner as may be prescribed from time to time for members of other boards and commissions. The planning department" and the department of public works of the city shall at all times maintain close liaison with the community planning committee and shall provide to them- all information and material received which shall be presented to the appropriate committee, board or commission of the city as required by this code. (Ord. 1367 § 1 (part), 1971: prior code § 2.1009. ) 2.48.130 Recommendations-Scope. Neither the planning commission nor the city council shall take action on any matters set forth herein concerning the territory lying within the boundaries governed by a community planning committee before receiving a recommendation from said community planning committee of the area thus ~ affected; provided however, that if no recommendation is forthcoming from the community planning committee within twenty-one days of transmittal of ~_ notification to the community planning committee, said bodies may proceed with their consideration of the particular matter without regard to the necessity for the recommendation from the .community planning committee. In the event that any of the items to be considered by the community planning committee might require a longer period of time than provided herein, a community planning committee may request ah extension of time beyond the twenty one day limitation, provided that such request shall be in writing and submitted to the planning commission or the city council at least twenty-four hours in advance of the scheduled hearing or meeting where said item is to be considered by the appropriate body; provided however, such extension shall not be granted for a period extending beyond the next regularly scheduled hearing or meeting of the appropriate body nor be in excess of statutory limitations imposed by state or local regulations. (Ord. 1367 § 1 (part), 197fi: prior code § 2.1010.) Chapter 2.50 MUNICIPAL ELECTIONS22 Sections: 2.50.010 2.50.020 2.50.030 .2.50.040 2.50.050 Hours polls are to be open. Authority for polling hours. Authority for Sections 2.50.030 through 2.50.130. Canvass board-Compositinrt-Compensation. Canvass board-Appointment-Qualifications. 79 DRAFT Subject: Criteria for the designation of historical trees A historical tree should be designated only when it meets one or more of the following criteria: 1. The subject tree and/or site has been the location of a historical event. 2. The tree and/or site has been associated with the lives of historical personages and/or the achievement of the individual. 3. These species of trees is unique in the Chula Vista area. 4. The tree or trees relates to the overall cultural, political, economic, aesthetic or social history of the City of Chula Vista. In all cases, the trees must meet the following criteria: I. It must be demonstrated that the tree is over 50 years old. 2. Based on the opinion of more than one practicing arborist in this location, the trees must exemplify excellent health and will not be detrimental to the health, safety or general welfare of the general public. September To: Distribution List From: Bob Leiter, Director of Planning ~~.~ Subject: City Attorney Report and Draft Ordinance Regarding Communications Between Boards and Commissions and City Council The City Attorney has prepared the attached report and draft ordinance in response to a City Council referral, requesting that the City Council agendas be revised to provide for direct communications between the boards and commissions and the City Council. The City Attorney has requested that this draft report and ordinance be forwarded to all boards and commissions for their review and comment, prior to forwarding it to the City Council for consideration at their meeting on October 16. Please forward the attached report to your respective board or commission, and present the matter to them at their next available meeting. In addition, please provide written communications to the City Attorney, with a copy to me, regarding any specific comments received by your board or commission. If you have any questions, or will have a problem in meeting the deadline for comments as set by the City Attorney, based on the regular scheduled meetings of your board or commission, please let me know. RAL:nr Distribution List Planning Commission - Ken Lee Design Review Committee - Luis Hernandez Montgomery Planning Committee - Frank Herrera Resource Conservation Commission - Doug Reid D SEP 2 5 ~ggp Date: September 24, 1990 `~~ To: City Manager, Assistant and Deputy City Managers Department Heads Other Staff Liason to Boards and Commissions cc: Honorable Mayor and Councilmembers City Clerk From: City Attorney, Bruce M. Boogaard Re: Boards and Commission's Agenda Section The attached report has been prepared in response to a Council referral (No. 2098) to my office to create Ordinance authority that will permit Boards and Commissions to submit matters to the City Council by and through the Agenda process. The report is self explanatory. The section of our typical "A-113" dealing with the recommendation of our Boards and Commissions is left blank in anticipation of receiving the comments on this report of any board, committee, or commission with which you offer staff support, or otherwise may deal. Requested Action: Please review this report with any and all Boards, Committees, or Commissions for which you, or a member of your department, acts as staff. Please obtain their comments, if any, and direct them to my office. I will include them in the final report. I expect to forward this report, along with their comments, or a summary thereof, to the City Council for their meeting of October 16-- approximately 4 weeks from now. Thanks for your anticipated cooperation. agenda2.wp Boards Right to Submit Agenda Items September 24, 1990 Page 1 Proposed Agenda Statement Item Meeting Date: Item Title: Ordinance - AN ORDINANCE PERMITTING BOARDS, COMMISSIONS AND COMMITTEES TO PLACE MATTERS ON THE COUNCIL AGENDA. Submitted by: City Attorney Reviewed and approved by: City Clerk (4/5ths Vote: Yes No_X ) Referral No: 2098 On August 21st, the City Council directed staff to modify the existing agenda format to allow for placement of Boards and Commission items on the agenda. The attached ordinance accomplishes that result. Pursuant to said proposed ordinance, the chairperson of a Board, Commission or Committee, ("Board") upon a majority vote of said Board, shall direct the City Clerk to add a report and recommendation of said Board to the Agenda in a separate section, entitled: Boards, Committees and Commissions Reports and Recommendations, and in such other format as the City Clerk, in cooperation with the City Manager, shall determine. Recommendation: Adopt the attached Ordinance amending Section 2.040.090 which will require the Chairperson of any Council-approved Board, Commission or Committee of the City, upon a majority vote of such body, to place matters on the City Council's Agenda. Other changes conforming the Agenda-preparation procedures to our current practice have been made. The proposed Ordinance also encourages written "backup" support for Mayoral Reports and Council Comments, if any exists, to be included in the Agenda Package Material. agenda2.wp Boards Right to Submit Agenda Items September 24, 1990 Page 1 Board and Commission Recommendation: [To Department Heads: Insert Your Boards, Commission or Committee's comments here.] Discussion• Primary Objective of Ordinance. The attached ordinance achieves the directive of Referral No. 2098, a copy of which is attached as Exhibit A, by allowing a Council-approved Board, Commission or Committee to have a matter placed on the City Council's agenda by a majority vote of the members thereof. Secondary Objective No 1 - Reorganization of Section. The proposed ordinance also attempts to re-organize the content of Section 2.04.090 into perhaps more logically separate concepts dealing with the agenda preparation, posting, delivery and accessability.~ However, except for the following, no substantive concepts in this reorganization effort were altered: A. Under the current section, the placement of items on the agenda appears permissive: "Items of business may be placed on the agenda .". The proposed language makes the placement of such matters mandatory. B. In order to conform to our current Agenda practice, two sections were added to permit Mayoral Reports and Council Comments. Secondary Objective No. 2 - Backup for Mayor's Report and Council Comments. In each of the sections relative to Mayoral Reports and Council Comments, the sponsoring councilperson is urged, but not required, to provided written "backup", if any already exists, to agenda2.wp Boards Right to Submit Agenda Items September 24, 1990 Page 2 the City Clerk in time for inclusion in the delivery of the Agenda Package to the Council, to wit: Friday preceding the meeting. The sections do not require a Councilperson to prepare, as new material, any special report in order to have their reports or comments considered. Citv 72-Hour Posting Requirement Remains Unchanged. The 1990-91 State Budget Act amendment to the Brown Act has, this year, eliminated the state 72-hour posting requirement. Our Muncipal Code, at Section 2.04.090 and 2.04.1o0Z was originally patterned, almost verbatim, after the now-eliminated state 72-hour posting requirement (See Government Code Section 54954.2). Section 2.04.090 and 2.04.100 now operate as the sole basis of authority for the 72-hour posting requirement at our local level, despite the State Budget Act deletion of the same provision in the Brown Act. This Office supports the advance noticing requirement. Therefore, no change is advised or recommended. Furthermore, the existence of this section obviates the need for a policy statement to the effect that we should follow the 72-hour posting requirement regardless of the state deletion. Respectfully submitted, Bruce M. Boogaard, City Attorney agenda2.wp Boards Right to Submit Agenda Items September 24, 1990 Page 3 Endnotes: 1. Currently, the Section reads as follows: "2.04.090 Agenda-Submission of items-Preparation-Effect. An agenda shall be prepared for each regular meeting containing a brief general description of each item of business to be transacted or discussed, and shall provide an item for members of the public to directly address the Council on items of interest to the public within the subject matter jurisdiction of the Council. Items of business may be placed on the agenda by the direction of a majority of the council, the city manager, the city clerk, or the city attorney. Agenda items, i.e., background and requests for particular actions or reports, shall be delivered to the city clerk not later than ten a.m. on the Thursday preceding the regular meeting. The clerk shall thereafter prepare the agenda under the direction of the city manager. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the council. The agenda, together with all reports, resolutions and ordinances pertaining thereto, shall be delivered to the councilmembers on the Friday preceding the regular meeting. The agenda shall specify the time and location of the regular meeting, shall be posted at least seventy-two hours before the regular meeting in a location freely accessible to the public, and be made available to the public as soon as practicable. No matters other than those listed on the agenda shall be acted upon by the council, except as provided in Section 2.04.010. A direction by the council to :refer a matter not on the posted agenda raised by a member of the Council or of the public, to staff for a report or to place a matter on a future agenda shall not constitute action." Section 2.04.100 reads as follows: "2.04.100 Items not on posted agenda. The city council may take action upon items of business not on the posted agenda upon a determination: A. By a majority vote than an emergency situation, as defined by Government Code Section 54956.5 exists; or agenda2.wp Boards Right to Submit Agenda Items September 24, 1990 Page 4 B. By a two-thirds vote, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted; or C. The item was posted for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken, and at the prior meeting the item was continued to the meeting at which action is being taken." agenda2.wp Boards Right to Submi~ Agenda Items September 24, 1990 Page 5 CITY OF CHULA VISTA 8/24/90 L~~ COUNCIL REFERRAL' (,.,iGINATOR: ADMIN REFERRAL NO: 2098 LEAD DEPARTMENT: CITY CLERK BOARD & COMMISSION RECOMMENDATIONS: Additional section to be added to the Council agenda to provide for recommendations from Boards and Commissions . YIANAGER DUE COUNCIL DUE DATE 9/04/90 ORIGINATION DATE 8/21/90 1SST. CITY ATTORNEY REFERRAL DETAIL Beverly, the City Council (Nader) at its 08/21/90 meeting, directed staff to modify the existing agenda format to allow for placement of Boards and Commission items on the agenda. Placement by a Board or Commission of an item on the Council agenda must be the result of a majority vote of the Board and Commission and should be placed by the chairperson of that Board or Commission. Staff, in preparing to do this, should review existing City codes and policies to determine if we have any existing guidelines related to placement of Boards and Commissions recommendations on City Council agendas. DISPOSITION :OMPLETION DATE: COMMENTS: )EPT. HEAD SIGNATURE: ADMIN SIGNATURE: E,YNI~I ~ f~ ORDINANCE N0. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2,04.090 OF CHAPTER 2,04 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE COUNCIL AGENDA PREPARATION The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.04.090 of Chapter 2.04 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 2.04.090 Agenda-Submission of items-Preparation -Effect. ~r~//~'~'e'n'd'~/kX~ddd/Me'/~i~kk,~k,~/X~z`//a'~'~11~'/~k~d,~'//as~~Xi'~~ ~u~~tx~Xt~Xv~~/k/~b'~/i/e'~!/~~t~~t~X/,d~fi~~//d~'/k,~,~JS/~~/da'm'/~X n~~Xr~~~~//z~//~,~//,~x~,~~/~J//a~~~d~~~~a~i//~~r~//~nazx ~~~~bXd~//ate/Y+Cad/kb,~//m'ern'ba~d~'/~X/hh/e'/~dI~XX~/ham'/~Xt~¢dXa~ ~~~z`~~~/~/k7'du'~'d~/Y/~r~/hkk,~//d~'/X~X~t~fik/~//+X~~/~~1~XXr~ ~4XdKXd///~YS~///fid~~J~¢d///~~Y~~~`///~Jd~`i~~X¢YX~f///~f///dk~r~ s~~dd~XX,[///X,~~~,~//bd//~,~kdl~kk,~//,//Me'//~Y~de'd'//d~//i!k~~ d~~v~~~/~//ll~e'/,ed,~k,~,~dhk//d~!/~/do~~!ikiS//~P/~ih'e'/¢~~r~¢XXL i!~~///o'~iY///~a~~~~~z`,G//h~Ye'//¢Xi!~///o'~/a~!K////~~`///te'e'//¢XX~ ~XK~t`r~~~,l///~'~/Xd~c~fi,l/h//a'/,//~~~K~d~dx~~/fa~n'd'/t~~x~~~Cfi X~z`/~h/~//,~~Xdb/~k//d~//,~kkbkkk/,//~Mv~YX/~//e1~XX~t4fr~d k~//+lM~//di~~///o'1/e'rik!/hrb~///~fa~-.~h//kX~//kkfi//k/. k/.//b~//dX~~ xHd~~~d~//,~dkbk.edk~4//kfik///~~'//~a'a'~l~d~////x`~~//¢X~~`K AXz'~¢dX~v~//bX//kd'~=///~h~///~u'~'~'~'~e'dJ///W6~~d~~~r~//k~~fiXl~X~,l ~d¢M///urn'//~v~//hhv~'//a~~}@did///s~1~~A///¢~~XdXt~///a~//fii!dX~ t~~~~~~v~~dXX~vt//a~/ffM~/k,~k,~/l~f/~,E//a'ddi~dd/.~k~i~k~XkA/~/o'/~~ YdK~r~/~/,~X~k//dd~ddi~Y///!~1/~~~~dd,G//*ld~'e't!4'e'd/,~/~//~XX ~~~~~`i!~,C////dd~dYu'7Yd~'~'////~3'///b,~~edf~k,~k,~////~~~1!dXr~Xv~~ d~~t ~~~d //~'~'YY/X~k//~~XX~~z`~~//Yd /~fi'a'/,~b,~,Edll,~kfn~kx,~//~r~ ~~~/kYxi~/a'a~Y//t~.t~fikAdt~~//d~'a~/kkk~vl,~//r~~~li'd~!///~ih~//d~~r~~d ~Na~XX//~~~~i'~Y//db'e'/k-h/a'a'/,~~,d~/kb,~,~,Edb,~//bd//XX~~//~~~3dX~~` ~(,~~dXv~~~//~'k~a~Xk'//~!e'/~'s~k/d~/k~//dkkkk//~k~k~,~~f,~~f//k~~~t,~ ~~X~z'~//~//d~~ddXdt~//a'n~k,~d,~///fin'//~///~/~!~/4'n'//ffr~~X~ d~~~~~XI~X~/~,b//db'e'/t~d~X.~¢L/,EVh~I/Mai/~du~~/~k//~`a~k1/tr'd/i!l~r~ t~dl~XX~/fa~si/~~~r~/fa~s~/~dd~i!X¢d~X~,!///t~'/~dd,~~~`~//o'~/~~'a~//Xks~r~ d~~~~/Illu~kkd//dd/,~Xk/i~s~e~Yd'~/~M~XX/,~k//~d+/a~d'/,~.~bz~//b`~/dY~ ~~d~¢XX!//~~d~a~+l//a'~'/~'~/~/~Y//~,~//~k;~,~dbk//z,(~h/.Nd9/.///X ~X~~~dX~~/X~k//tl~'e'/~bd~,~dd/h/a'/X~Y~X /k//~a'lk'e~d/l~b,~//o'd/drir~ ~~~~~~/,~fi,C~//~/~'~~'e'd'/~~//ai/r~~~l~~d /bd//+/~~/~b,~~bdd//d~//vsX Xkf~/,~,t~,bald,d/,/ham'/~~a'k'~/~~t`/k//r/a~'rh//dd /X~/k//~'/XidXk~z' ~v~/d/Xdddz'~/d~~~~d/~MdXX/~~R/~~~fi~Xxu~~/d~XX~r~,l -1- A. Preparation and Delivery of Agenda. -J E W An agenda shall be prepared for each regular meeting containing a rie genera escription of each item of business to be transacted or discussed. 1. Delivery to City Clerk. Agenda items, i.e., background and requests or particu ar actions or reports, s a e delivered to the city clerk not later than ten a.m. on t e T urs ay prece ing t e regu ar meeting. The clerk s all thereafter prepare t o agen a un er t o erection o t o city manger. 2. Delivery to Council. The agenda, together with all reports, resolutions an or finances pertaining thereto, s a e e were to t o counci mem ers on the Friday preceding the regular meeting. B. Posting and Public Availability of Agenda. The agenda shall be posted at least seventy-two hours efore the regu ar meeting in a ocation freely accessi e to t e pu ic, an a ma e available to the public as soon as practicable. C. Contents of Agenda. 1. The agenda shall specify the time and location of the regular meeting. 2. Items of business shall be placed on the agen a s t o erection o a ma orit o council by the Chairman of a Council-approved oar commission an committee, at t e direction of said body upon a majorit vote of t o mem ers t ereo t o city manager, t o ci y c er , or t e city attorney. 3. The agenda shall provide a section for members o t e pu is to erect y a Tess t o Counci on items of interest to the public within the subject matter jurisdiction of the Council. -2- 4. The agenda shall provide a section entitled "Mayor s Report" which section shall be reserved for reports of the Mayor to the City, t e sta or t e pu is on matters b City business. If there is any written material which is the su sect matter of a Mayoral Report, t o Mayor or rs esignee s a ma e a i agent e ort to prove e t e city c er wit a copy of said written material in sufficient a vance time to perms t e inc usron o same into the agenda and related material for e iverv to t e City Counci . ~.~ -~ 5. The agenda shall provide a section entitled Counci Comments" or Counci mem ers to erect y a ress t o City, sta , or t o pu is on items o interest Council Comments" to the councilperson. If there is any written materra w is is t e su 7ect matter of Council comments, the sponsoring Counci person sha 1 ma e a di agent effort to prove e t e city c er wit a copy o said written materia in su icier a vance time to permit the inclusion of same into the Agenda an re ate materia or e every to t e Council. D. Agenda Package Material. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the Council. E. Prohibition of Action; Exceptions No matters other than those listed on the agenda shall be acted upon by the Council, except as provided in Section 2.04.100. 1. A direction by the Council to refer a matter not~Posted agenda raised by a member or the Council or of the public, to staff for a report or to place a matter on a future agenda shall not constitute action. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Beverly Authelet, City Clerk 8064a Approved as to form by Bruce i4. Boogaar , City Attorney -3- --CtIUI7~iTISTA = AN ~NVIRONMENTAI, AGENDA F( ~ C by Counc INTRODUCTION In our community and around the planet, the 80s were a decade of environmental destruction which, unchecked, will destroy the future of the human species. We have heard ever stronger warnings from scientists about global warming, the greenhouse effect and deforestation. Closer to home, in Chula Vista and throughout the San Diego region, the explosive and largely uncontrolled growth of the last decade has created an ironic situation: while it seems as if the whole world would like to live here, unchecked growth threatens the desirability of our community as a place to live. Chula Vista has suffered traffic congestion, noise and air pollution, rapid loss of open space, and school crowding, to name a few effects of rapid growth, at levels unthought of 10 years ago. These problems have been exacerbated by the failure of our environmental policies - such as resource conservation; open space preservation and public transit - to keep. pace with explosive growth. The environment has been called "the issue of the 90s". Yet, some of us may recall that the environment 20 years ago was being called "the issue- of .the. 70s". As we approach the twentieth anniversary of the-first Earth Day, it is imperative that we make a lasting commitment to the protection of the environment on which life itself ultimately depends. While the City of Chula Vista, or even the entire San Diego-Tijuana region, cannot single-handedly save the earth, we must treat our corner of the planet more responsibly than in the past. AIR QUALITY 1. PUBLIC TRANSIT A recent study released by the Worldwatch Institute, as reported in the Los Angeles Times, indicates the need for a drastic reduction in automobile use over the next 40 years if the human race is to comfortably survive. All cities have a responsibility to plan now the type of infrastructure which will work with our environment, not against it. Chula Vista Transit has experienced a significant increase in ridership in the last few years - a tribute to all of our transit staff (and perhaps also to the traffic congestion caused by rapid growth). The city should promote the continued expansion of public transit: - In 1990, we should follow through on the action the City Council took in approving the General Plan revision of July 1989, when we directed staff to draft a policy to expand the 1 availability of public transit on major traffic corridors and on -routes~f--particn-lar--[rs~t~~ose wlio-are ess~~y to drive, y such as senior citizens and youth. l - After Assemblyman Peace proposed three years ago an eastward trolley extension to connect the existing trolley line to our shopping center, Southwestern College and Eastlake, we made a referral to staff. The proposal has languished since, an apparent victim. of other priorities. In the meantime, the widening of L St./Telegraph Canyon Rd./ Otay Lakes Rd. is underway, and staff has indicated in conjunction with yet another delay in construction of the Youth Center on L St. that provision must be made to widen that street to accommodate automobile traffic generated by growth in the east. Palomar St. is slated for similar action. It would be better, if streets must be widened, to accommodate a trolley link than more cars. The time to act on Assemblyman Peace's proposal is now - if not much sooner - so as to avoid the gross inefficiency which will result if we continue to expend funds on massive street projects which consider only the needs of automobiles, leaving other improvements for another time. 2. TRAFFIC Besides being a serious stress factor, traffic causes the bulk of-our air .pollution. ( - In 1987, the City Council unanimously approved our "Thresholds Ordinance" - a growth management measure requiring that new development .not cause traffic flow to deteriorate below what is known as "level C" - except during certain hours. This exception should be reconsidered, as it has been documented that the exception enables. some of our most congested streets to meet the letter, though not the spirit, of the "threshold" standard. - During the General Plan hearing in July 1987, Councilwoman McCandliss and I questioned the wisdom of planning to use streets in existing residential neighborhoods - such as Palomar St., western H St. and Hilltop Dr. - to accommodate more growth in the east. The City Council directed staff to come back with an amendment to the General Plan which would allow the traffic "thresholds" to be met without further jeopardizing our established neighborhoods. A plan should devised and implemented as part of the Growth Management Element of the General Plan to assure that priority is given to sparing existing residential neighborhoods from bearing the burden of growth-generated traffic. Our city's interest requires that we meet this objective, whether by a reduction in future growth or by working with developers to curtail traffic impacts. 2 _- 3. BICYCLE ANFS ( When growing up in Chula Vista I was able to go almost anywhere on my bicycle - E St., Bonita Rd. and Rohr Park, Broadway and the shopping center, Southwestern College, the civic center, or Memorial Park, to name a few frequent destinations. Today, parents allowing their children to take bicycle trips I took for granted might seriously wonder if they could be charged with neglect, thanks to the hazards posed by sharing city streets with an overabundance of auto traffic. Our city should be safe for bicyclists and pedestrians as well as motorists. Safe and adequate bicycle lanes should be a high priority in our capital improvement budget (as well as a requirement in new development). 4. TRAFFIC REDUCTION IN NEW DEVELOPMENTS The City Council has directed that a Growth Management Element of the General .Plan. be prepared which will address air quality.. - The growth management plan should require any new. development to include, among other items, the following measures: - .Land use. patterns (ie, quality mixed use developments instead of traditional segregated land use "blobs" on a zoning map) which encourage people to walk to employment or neighborhood services rather than drive. Our downtown / redevelopment is one example. e - Emphasis in street design (eg design speed and layout) should be given to .the safety needs of pedestrians and bicyclists, and safe bicycle lanes should always be required. - Commercial and industrial centers of significant size should be accessible to public transit, provide flexible working hours and alternative. work weeks for employees, and have convenient and secure facilities for bicycles. 5. TRANSPORTATION DEMAND MANAGEMENT Chula Vista should enact a Transportation Demand Ordinance, requiring major employers (including city government) to file plans for significant reductions in drive-alone commuting. Methods to be employed could include incentives for carpooling, subsidies for use of public transit in lieu of free parking, and preferential hiring of local residents with shorter commutes. 6. MAKE PROPOSED PROJECTS ACCOUNTABLE FOR AIR QUALITY IMPACTS As we enter the 90s, the San Diego region is not in compliance with federal clean air standards. Air quality in our region has deteriorated, not improved over recent years. The Los 3 1 .. Angeles Time_s~ecently__repoYrP~that in_the-firs-hal~of---the-last decade, a 23~ increase in deaths from asthma was attributable to air quality deterioration; many avoidable deaths may also be expected from other cardiopulmonary illnesses and cancer. The politicians, the press and the public must understand that air pollution is more than a nuisance - air pollution kills eo le. In Chula Vista, our problem is considerably milder than in much of the region, according to air quality officials.l However, that does not relieve us of our moral obligation to improve the air quality in our community, or our legal obligation to realistically consider the air quality impacts of new projects on our community. Under the California Environmental Quality Act (CEQA) government officials are required to consider the environmental impacts -including air quality impacts - of any project requiring government action or approval, through. an Environmental Impact Report (ESR). However, the practice in Chula Vista has been that when it comes to air quality its considered "someone else's problem". EIRs have been accepted for projects such .as Eastlake and Rancho del Rey with no more analysis of air quality impacts than to tell us that the project is within SANDAG Series VII forecasts. As SANDAG presently forecasts a failure to comply with federal clean air standards,. all that such an EIR tells us is that the project will make things worse - but no worse than SANDAG ~- .expected them to be with poorly controlled growth. Approximately how many senior citizens will die prematurely? Approximately how many children will become ill when exercising out of doors? How many work days will be lost? Our EIRs often greet such questions with eerie silence. The law requires more than an assurance that a project's impact will be no worse than another entity's forecast, which is unrelated to achieving healthy air for our people. Amore thorough EIR in this area won't let politicians hide behind "SANDAL Series VII" and other terms with which the public is unfamiliar, but it will straightforwardly tell the people what their politicians are approving. By coming out of the closet of "someone else's problem", a more complete EIR can also help us address ways of dealing with 1 It .should be noted that these assurances are generally. based on measurements at one location in our city - Fire Station #2, on E. J St., and do not reflect conditions closer to major sources of air pollution, such as more heavily traveled roads and freeways, or the SDG&E power plant. 4 our problems - through the analysis of_ mitiga_tion measures also required~y CEQA. Some air quality mitigation measures which C should be routinely discussed in any acceptable EIR on a project with air quality impacts include changes in land use mixes to reduce automobile trips, street designs to make walking and bicycling safer and more attractive, development agreements promoting flex hours and ride sharing, and open space preservation. A review of past EIRs should be conducted, particularly those which were done for projects which have turned out to have impacts on air quality or traffic which were not anticipated (ie, projects which contributed to unprecedented traffic on E St, H St, and L St), to determine how deficiencies occurred and how they can be avoided in the future. Consultants should be responsible for negligence. 7. CITY EQUIPMENT MAINTENANCE The City Council should receive a report on the periodic maintenance of city equipment, ie vehicles, which-can reduce the air quality impacts of government activity. 8. ALTERNATIVE FUELS In .the 1970s,.city vehicles switched to the use of propane, a cleaner fuel than gasoline. The rising cost of propane induced the city to return to the use of gasoline. Performance of public emergency vehicles - police and fire - must not be sacrificed for any reason, and costs must be contained. However, we must not forget the cost of continuing to use gasoline as our transportation fuel - a cost measured in death and suffering as well as dollars. The City Council should a) adopt a policy of preference for cleaner alternative fuels, by procuring vehicles designed to run on cleaner fuels and by making any necessary modifications on current city vehicles to enable them to run on cleaner fuels, and b) receive annual public reports on the use of alternative fuels in city operations. 9. CITY VEHICLES All city vehicles should be regularly inspected and maintained to reduce pollution and improve efficiency. The city should adopt a procurement policy giving preference to vehicles demonstrating reliable emissions control, fuel efficiency and ability to use alternative fuels. 10. CITY EMPLOYEES Immediate steps should be taken to reduce air pollution 5 created by automobile commuting to City Hall. Government should set-an example: - - - - C - Financial bonuses should be provided to employees who carpool, walk, bicycle, or use public transit to get to work. We are currently planning an expansion of our civic center and the acquisition of more parking facilities. In closed session, our staff has estimated that city-built parking costs the taxpayers 12 000 per s ace! Employees who do not drive to work alone are good for the environment and good for the taxpayer, and should be rewarded. - Trolley and bus passes for employees should receive an appropriate subsidy, similar to those currently provided to employees of county and state government as well as many private firms. C - Plans for flexible working hours and alternative work weeks should be offered to employees wherever possible; to reduce dryving at peak hours on our streets. Slow-stop-and-go traffic creates more air pollutibn than. smooth travel. While each of the above measures would alter. working conditions for employees - making ,them better - all are voluntary and should therefore be implemented immediately, without waiting for employees to bargain for them. All of these measures would benefit -not only our employees, but their boss - the People of Chula Vista. These are win-win proposals. 11. SDG&E MERGER Chula Vista should continue the efforts initiated here by Councilman Malcolm to oppose the merger of SDG&E with SoCal Edison. The merger is a transparent attempt to fuel more growth in the Los Angeles air basin at the expense of the air quality of our community and the health of our children. We should demand a full accounting of all potential environmental impacts, and be ready,. together with other jurisdictions, to back our demands with litigation and with a denial of necessary franchise transfers. We should ask the City of San Diego and other jurisdictions to consider with us a partial public takeover of SDG&E acquisition of the distribution grid, leaving energy production in the hands of private enterprise,. and opening up the field to free enterprise. A public energy distribution utility could choose from among various competing private energy producers based on financial and environmental costs to ratepayers. 12. SDG&E POWER PLANT Last year, Councilman Malcolm revealed that SDG&E's plans to put a new fossil fuel burning plant in Chula Vista- were 6 considerably further_ a~Qng_,ahan~re~ad-bee~led--tobel-ieve. Considering our experience with the existing power plant2, we must C say no to another one here. While it may be true that a combined cycle plant will create less pollution than the old plant, the old plant is not being replaced; thus, the net effect is more air pollution in the lungs of our citizens. As for SDG&E's claim that the augmentation proposal will reduce pollution, it appears this only holds true if natural gas rather than oil is burned. Our citizens need something more valuable than SDG&E's word to protect our environment. We must be ready to use every regulatory and legal tool at our disposal to protect the health and property of our citizens. We should move forward expeditiously with Malcolm's proposal to rezone the SDG&E land. 13. INDOOR AIR POLLUTION - Adoption of the County's smoking regulations would offer greater protection to the health of those who choose not to smoke. Being an asthmatic who has had to go to the emergency room as-a child for treatment of life-threatening asthma attacks brought ~n by exposure to "second-hand" tobacco smoke, I know the need for this from painful personal experience. - We should make an effort within city government to eliminate use of chemicals which pollute the indoor air of public facilities. C 14. OZONE LAYER PROTECTION - We should support state and federal legislative efforts, such as those of our Congressman Bates, to protect the earth's ozone layer. - We should move quickly to.adopt a city. procurement policy to prohibit purchase of products which attack the ozone layer. 2 Residents downwind of the existing power plant often used to awake to find their private property covered with soot. SDG&E at one point claimed the soot came not from burning of oil at the power plant, but from bee droppings. (Common sense says the only droppings involved were of a different variety.) SDG&E finally agreed not to continue burning polluting oil at the plant without prior notification to the city, burning gas instead. When residents came to me indicating their suspicion that SDG&E was again burning oil - suspicion based on the reappearance of soot in their neighborhood - I brought the matter up at the next City Council meeting, only to be told that this couldn't be so because SDG&E had .made an agreement with us. When it turned out that it was so, we were then treated to assurances that the resumption of oil burning posed no threat to air quality - based on measurements taken two miles away. 7 - One of_the largest- contri h„tors-_to-ozone--depletion is the escape of coolant from automobile air conditioners during C repair. Currently available equipment can prevent this but the equipment costs about $3,000. We should adopt an ordinance requiring businesses engaged in work on automobile air conditioning to have and use such equipment; however, to avoid a counterproductive competitive disadvantage-for local business, we should provide that the ordinance takes effect only on adoption of similar laws by neighboring jurisdictions, including the City and the County of San Diego. - we should ban within our city the sale of products which deplete the ozone layer where substitutes are available. GROWTH MANAGEMENT 1.' GENERAL PLAN GROWTH MANAGEMENT ELEMENT In July 1987, I cast a crucial third vote for the General Plan revision despite serious environmental reservations (two councilmembers were precluded from voting because of conflicts of interest).- Prior to agreeing to support the General Plan revision, I obtained approval of a motion to require staff to bring back to the council a Growth Management Element of the General Plan which would address, among other concerns, the protection of air quality, of water quality and supply, and the need to prevent our existing residential streets-from becoming mini-freeways serving the traffic needs of new development. I hope approval of my motion was not a =use to obtain a vote. The draft Growth Management Element which was presented to council .last fall contains little more than "Mom and apple pie" goals, without the necessary policies to achieve them. It in no way addresses the environmental concerns mandated by the Council. This is particularly. dangerous to our local environment because the City Council has approved major developments since last summer on the condition that they ultimately conform to the yet-to-be-adopted Growth Management Element of the General Plan - a condition which will mean nothing if the Growth Management element has no teeth. We should resolve in 1990 to adopt a Growth Management Element to our General Plan which protects our citizens' health and lifestyle. At a minimum, such a Growth Management Element must contain strategies to reduce air and water pollution, conserve water supply, hold traffic to healthy levels and protect sufficient open space to keep Chula Vista distinguishable from Los Angeles. As state law requires development to conform with the General Plan, a strong Growth Management Element, if enforced, will do much to protect our local environment for generations to come. If, in implementing the Growth Management Element (or the. Thresholds Ordinance), we find we must limit the number of units built to less than that otherwise allowed, we should not allocate permits on a first-come, first-served basis, but according to community benefit from a project. First-come, first-served 8 allocation_ would merely reward Yhnca developers _whorus}~--their projects through the fastest; we should reward those who show C sensitivity to community needs. 2. PARKS Relevant conditions of new developments at each approval stage should be reviewed by our Parks and Recreation Commission prior to being brought to the City Council, to assure future park needs are met. 3. ACQUISITION OF LAND FOR PERMANENT OPEN SPACE Adequate open space is crucial for both the appearance and the psychological health of a community. Science has suggested a correlation between overcrowding and violent, anti-family behaviors. While we should continue to require new development in the east to provide permanent open space, we should also take steps for open space preservation as western Chula Vista continues to in- fill. Too often, we hear that a development project must replace open space because we lack the funds to acquire the land: While this sometimes sounds like a misleading excuse for pro-growth votes (the law generally allows us to preserve more open space"than we do), it is nonetheless true that we currently lack a funding mechanism to acquire additional open space in the city. We should adopt the proposal of the Environment and Open Space subcommittee of Chula Vista 2000 to create assessment districts within which new development would be assessed to create a fund for open space and parks acquisition in areas of our community which are most in need. 4. REDEVELOPMENT All redevelopment plans should take into account not only protection of sensitive environmental habitat, but the open space and recreation needs of our community. I propose requiring redevelopment plans to go through our Resource Conservation Commission and our Parks and Recreation Commission before coming to the City Council. 5. RESOURCE PROTECTION Our Hillside Preservation Ordinance, passed by the City Council in 1973, was a model for protection of hillsides from overgrading. However, its application has been limited by the practice of exempting. from its -ambit any area not specifically zoned for its protection. The Hillside Ordinance should be amended to protect the entire city. Other than the Hillside Ordinance, it may surprise many to 9 learn that the_Cit o y ° n~oy_~or the Y___ ~_Chiala_Vista_c_ursentl _ has_n protection of sensitive lands, beyond those mandated by state and federal law and those contained in the General Plan. Case-by-case ad hoc assessment of projects may be inadequate to assure open space and sensitive lands preservation. The City Council should adopt a Sensitive Lands Ordinance to assure preservation of canyons and other open space with important ecological or aesthetic value. This ordinance, together with the hillside ordinance and the General Plan, should form a floor, not a ceiling, for environmental protection as our city continues to face unprecedented pressure for growth. 6. EIRs Again CEQA requires that projects be approved only after consideration of an EIR which provides comprehensive information on the environmental impacts of the project - including generation of further growth. We have both a legal and a moral obligation to reject any EIR which does not provide useful information as to any growth-generating impacts of a project, ie, open space loss, air degradation, water consumption, traffic, etc. as a result of additional growth caused by leapfrog development or by generating jobs which cannot be filled by our own community. A reference to SANDAL projections is inadequate. .SANDAL tells us .what will happen if we don't manage .growth - we have an obligation to learn the specific impact of a project before we vote on it, and to consider realistic alternatives, as the law requires. The convenience of government. or of developers, while nice, are not acceptable as "overriding considerations" to justify serious environmental impacts, nor as a basis for declining to consider alternatives to apjproval of a proposed project and should never be accepted as such. 7. THRESHOLDS ORDINANCE REVISION AND ENFORCEMENT Our "Thresholds Ordinance", designed to assure that new development does not overburden our streets, schools, emergency services, and environment, represents in many ways a model approach to growth management. Unfortunately, it has not been consistently implemented, and weaknesses need to be addressed. - No project which will result in impacts not allowed under the ordinance should even be brought to the Planning Commission or the Council, except with the clear understanding that under Proposition V, such a project cannot be approved without a unanimous vote of the. council. Such projects unfortunately have 3 When such decisions are made, it is crucial to the public that the media report them; otherwise the law and the public interest it is supposed to protect are lifeless. 10 been brought forward,_in at least one instan_ce~e~eiv~na__''approval" -- - on a split council vote. No law is worth the paper its written on C without enforcement. - It is clear, following the first report of the Growth Management Oversight Committee which we created to monitor implementation of the Thresholds Ordinance, that we are presently failing to meet the "threshold" levels of service in parts of our city for schools and traffic, and are in danger of failure in the areas of air and water.4 The ordinance should be toughened to assure that development does not imperil our ability to meet these standards. For example, we should. require provisions in every development agreement that development stops when a threshold standard is not being met, and we should create provisions for more meaningful action than a "letter of concern" by the Council to other agencies when standards in such areas as schools, air and water are not being met. we must recognize that, within our city, the City Council is the ultimate land use authority, and we should not be content to "pass the buck" for the consequences of our decisions to other agencies. - We should include in the Thresholds Ordinance consideration of financial and environmental impacts, and of service quality. S For example: A. The cost to ratepayers and to the environment of new sources of water supply for growth should be considered; sources which raise rates for existing users or seriously degrade the environment should not be construed as meeting- the water supply threshold. B. Our firefighters have been asking for years that we enhance their safety and their service by providing four-person crews for each fire engine; management tells us we lack the financial resources to do so. We should not resign ourselves to continuing this situation as a means of paying for service to new development, and doing so should not be construed as meeting the fire service threshold. C. Pedestrian and bicyclist safety, particularly a We "met" the threshold for police service by simply reducing the standard, not by growth management. Council took this action on the recommendation of the GMOC. Unfortunately, it turns out that GMOC in turn made its recommendation to the council based on a staff presentation leading at least some GMOC members to believe that the City Council had directed them to recommend an adjustment of the standard that would bring us into compliance. In fact, we never gave such a direction. s The City Council has directed the GMOC to consider a "cost component" to the thresholds. 11 _ _ __ inresdental_ neighkz9rho9ds_anb_ Haar schools, - - should never be sacrificed as a means of "meeting" a traffic threshold to accommodate more growth. Street "improvements" that create hazards, although allowing more cars to travel at the same rate of speed, should not be construed as a way of meeting the traffic threshold standard. Generally, our policy should be that thresholds are not met by increasing costs to existing ratepayers and taxpayers, by harming the environment, or by accepting less than top-quality service. - We should make clear to GMOC that we encourage them to use their talents to recommend changes in our growth management strategy whenever they view change as desirable. 8. TREES Chula Vista is rightly proud of its designation as "Tree City USA". Preservation and planting of trees has always been known, without the benefit of consultants or staff reports, to contribute to the aesthetic .quality of the .community. Today, we also know that trees are an important .weapon in the fight to save our planet from the Greenhouse Effect. Our city should do its part by adopting a policy directing staff to work with property owners to identify trees in the area of any project and to promote their preservation. This should be done at-the earliest stage of an application, not later when. the desirability of saving a tree will come as a surprise to a property owner. We should review our ordinances and policies to assure that unpermitted grading and destruction of-trees does not occur. Escondido's new Arbor Day program is a model which we should consider. 9. CREATING JOBS FOR LOCAL RESIDENTS Several studies have confirmed what I suggested on the council three years ago: the greatest factor creating pressure for new residential development is the creation of jobs which cannot be filled by local residents - and which therefore necessitate the construction of new housing, often of a type promoting sprawl and unaffordable to most families in our community. We should create a jobs program to: A. Identify job skills which will be present in our local labor pool in the future; B. Working with our school districts, our community college district, and other institutions of higher learning, see to it that our community's workers, present and future, have the opportunity to acquire the job skills that will put them ahead in tomorrow's market; and, C. In our development decisions, give preference to land uses which will help achieve these goals. 12 __ _ Th&-grogram would-_botl~-improve--eeonomic~-opportunity-in our community and help alleviate the pressure for urban sprawl. C WASTE 1. .BKK Following the three spill incidents which we were told couldn't happen but did last year, it is clear that a toxic waste facility such as BKK does not belong near a residential neighborhood in Chula Vista. Another, more suitable site must be found for this facility, away from the homes of law-abiding citizens. A site near the prison would be far more appropriate, coupled with a site in southern Orange County to reduce the transportation of toxic wastes to the South Bay. Councilwoman McCandliss and I, working as a council subcommittee, will continue. pushing the relocation of BKK, and the continued support of colleagues and neighbors is appreciated.. In the meantime, every possible measure, including a demand for full environmental review backed by a readiness to litigate if necessary, should be taken to protect our citizens from continued operation of the facility at its present site. 2. TOXIC WASTE REDUCTION AND ON-SITE TREATMENT The best solution to problems posed by facilities like BKK is to use technology that reduces the generation and transportation of toxic waste. We should instruct our staff to work with the Environmental Health Coalition to sponsor a model. ordinance in this area for our county. 3. DRUG LAWS San Diego County is the Methamphetamine Capital of the World, and 25~ of the toxic waste processed at the BKK plant is from the illegal manufacture of this hellish drug. Illegal methamphetamine manufacturers are murderers as well as serious polluters, and should get life in prison, not probation. Then they could permanently reside near a toxic waste site more appropriate than the one currently used by BKK. Our city should again make known to the Legislature and to local judges our dissatisfaction with sentencing priorities and practices which actually encourage criminals to make money by killing our citizens, destroying our families and polluting our environment. 4. RECYCLING ZN CITY GOVERNMENT It is clear that without substantial increases in recycling, we will soon run out of places with which to feed our traditional belief in the myth that there is an "away" to throw things to. Government should set an example with a comprehensive recycling 13 ___proyram.____ This year,.in--addition~o-tie-current program of recycling computer paper generated in City Hall, we should implement a program to recycle all paper (which government is known to generate large amounts of), plus aluminum and glass. 5. CURBSIDE RECYCLING We should expand the current pilate program of curbside recycling to include the entire city. When the trash contract next comes up, recycling services should be a component of the new contract. 6. CITY PROCUREMENT OF RECYCLABLE MATERIALS Again, government should lead by example - we should adopt a policy of procuring recyclable materials wherever feasible. 7. BANNING NON-RECYCLABLE AND OZONE-DEPLETING PRODUCTS Following the lead of other cities such as Irvine, we should ban the sale of non-recyclable and ozone-depleting products for which affordable alternatives are available. 8. RECYCLING STORAGE AND PICKUP At least until curbside recycling becomes a reality city-wide, we should set aside convenient places for dropoff, storage and pickup of recyclable materials in such places as parks, and in new developments. 9. PRISON RECYCLING PROPOSAL We should support - subject to appropriate environmental review - the proposal for biogeneration of methane from trash at Donovan Prison. This technology promises the potential of deriving environmentally superior energy from trash - without the air pollution caused by trash incineration. WATER POLLUTION 1. SUPPORT BAY CLEANUP We should adjourn the debate over whether San Diego Bay is the most polluted bay on the West Coast, or merely unacceptably e I am currently working with the sponsors of Earth Day on an event to be held. at Rohr Park in Chula Vista on April 21, emphasizing recycling (along with free entertainment). Our Parks and Recreation Department staff is also working on Earth Day festivities for our city. 14 polluted. Chula Vista,~articularly_n _its_zQle_~_a_ PQrt_ city, and- given our Ong-ferm interest in recreational use of our C bayfront, should support any efforts by the Regional Water Quality Control Board, the Port District, the Environmental Health Coalition and others to see to it that pollution laws are enforced and that San Diego Bay is cleaned up. Any plan for "revenue sharing" by the Port should assure that sufficient funds are reserved for cleanup of the bay. 2. OFFSHORE OIL The recent oil spill off Huntington Beach dramatizes the need to continue steadfast opposition to offshore oil drilling - not to increase offshore drilling, as some politicians have suggested. We should also support legislation to require double-hulling of oil .tankers. 3. SDG&E We should require SDG&E to identify any equipment or processes at its South Bay plant using PCBs. or other toxic water pollutants, and to eliminate their use in our city. 4. SEWAGE We can expect soon an attempt to foist on Chula Vista ratepayers a huge-rate increase to pay for the City of San Diego's unilateral-decisions on the Metro sewer system - an attempt which C some Chula Vista councilmembers, including myself, have indicated at public meetings will probably be refused. We should, in conjunction with our possible secession from the Metro system, explore more economical alternative technologies for environmentally acceptable sewage treatment as well as water reclamation. Technologies to be explored in a cooperative effort of government agencies and the private sector should include biological solutions and waste reduction. A willingness to innovate - and to carefully manage our growth until a viable answer to sewage treatment is available - is essential to both the environmental and economic future of our community. 5. ENHANCE STREETSWEEPING PRIOR TO RAINY SEASON Enhanced streetsweeping activity prior to rain can help minimize polluting runoff into the bay. WATER CONSERVATION 1. CONSERVATION FINANCE AUTHORITY We should establish a city Conservation Finance Authority to make no-interest loans to both new and current homeowners for 15 installation of conservation technologies much as low-flow -- - plumbing fixtures; drought=resistant landscaping, solar heating and C heat exchange systems) where such technology can be expected to pay for itself within a reasonable time. 2. RETROFIT ORDINANCE In the current litigation between the City of San Diego and the federal government, Sierra Club has taken the sound position that any settlement should include a city conservation program, including an ordinance requiring retrofit of conservation devices at time of resale. Such a policy, by reducing the flow through the sewage system, can achieve significant cost savings (San Diego's current plan will cost over $2 billion to ratepayers) as well as conservation of energy and water. The City of Chula Vista will probably refuse to pay for San Diego's unilateral decisions on sewage of the last 20 years, but we should in any event pursue a conservation program similar to that advocated by the Sierra Club, embracing an energy and water conservation retrofit ordinance. An ordinance requiring buildings sold in the city to be equipped with simple, cost-effective conservation devices (i.e., insulation and low-flow showerheads) and requiring large new developments to subsidize conservation retrofitting in older developments to offset their consumption of more resources, could save both scarce resources and money. 3. DROUGHT TOLERANT LANDSCAPING When I first raised this issue at the City Council three years ago, it was met with little attention and some controversy. However, the Council adopted a policy requiring developers to save water by landscaping with native and drought tolerant plants. Fortunately, since then, thanks largely to the efforts of the County Water Authority and the recent focus on the water shortage facing our region, the issue has gained more attention and acceptance. We should expand our existing policy to use tentative subdivision map conditions to put CC&Rs in new subdivisions requiring landscaping to be done with native and drought resistant plants. Such water conservation measures will help protect the lifestyles and pocketbooks of our citizens. 4. WATER RECLAMATION In addition to steps the city is taking to require water reclamation uses and capabilities in new developments, we should expand the use of reclaimed water at city parks and other public facilities. 16 ~, EMPOWERINi; OURSELVES _T9 PF34TECT__OUR ENVSRONMENT C 1. RESOURCE CONSERVATION COMMISSION RECOMMENDATIONS We should act without further delay on the package of recommendations made to the City Council last year by our own Resource Conservation Commission to beef up environmental awareness and protection in our city, including proposed improvements in the commission's function and broader participation from neighborhoods on environmental issues. We should not allow key environmental decisions to be made in an atmosphere of a club with a closed membership. 2. LEGISLATIVE PROGRAM Our City's lobbying program with the State Legislature and U.S. Congress should continue to include pro-environment positions, particularly on such issues as clean air, global warming (the "greenhouse effect"), offshore oil, toxic waste and land use. We should join vigorously with other cities in fighting the Governor's recent. proposals. to replace local- land -use decisions with centralized State policy (it didn't work in Russia, and it won't work here) and to increase offshore oil. 3. PUBLIC INFORMATION We should improve our efforts to provide information to the public on environmental and land use issues. Such efforts should include articles by environmental experts in the city newsletter, information on how to participate in decision-making at City Hall before decisions are cast in concrete; and speakers for public awareness programs at schools, churches, and other forums. Our participation in Earth Day this year will be a forward step in this direction. 4. IN-HOUSE ENVIRONMENTAL EXPERTISE While other cities have departments devoted to environmental quality, or give individual councilmembers the authority to hire individual staff (such as Jay Powell on Councilwoman Bernhardt's staff in San Diego) to deal with environmental issues, our city does not presently have the capability to readily provide impartial expert information to the council on many environmental issues. This situation has greatly disadvantaged our citizens on such issues as air quality downwind of the SDG&E plant. We should hire an environmentalist with expertise and proven background on environmental issues within the city manager's office, on council staff, or as a retained consultant to provide the city with. independent information on environmental issues on which we are called to make decisions. We should not be at the mercy of special interests or other bureaucracies whose own agendas may or may not include the best interests of Chula Vista. 17 CONCLUSION Saving our environment, on which the next generation's survival depends, will be a monumental challenge for all levels of government. It will require new approaches, and in some cases a willingness to discard. orthodoxy, to protect and enhance our community's future. The sooner we start, the easier it will be. The time is now. C 18 Items for Council Action_fr~n_'BnvironmentalAgenda~or~he 90s" (` 1. Council policy to undertake no further east-west streets or widenings for accommodation of more eastward development until planning is completed fcX new east-west public transit. 2. A General Plan amendment precluding further approvals of major new projects which would have been illegal prior to the General Plan Revision of 1989 until the issues raised by council referrals on General .Plan issues - provision of public transit, protection of residential neighborhoods from increased traffic, and a Growth Management Element to the General Plan - have been resolved. 3. Directing staff to prepare a long-term plan for the construction of a citywide system of bicycle lanes to make bicycling convenient and safe throughout the city, with a phased plan for implementation through the capital improvements budget. 4-. Anew zoning ordinance requiring mixed uses (e.g., neighborhood commercial and residential) within walking distance of each other in new development, and facilitating-mixed .uses consistent with community character in previously built areas, subject to design review. 5. A new street design ordinance, requiring new streets to be designed to be driven at a safe speed for pedestrians (not just C motorists), prohibiting high-speed design on residential streets and near sc:eols and senior centers, and requiring the provision of usable ar.:d safe bicycle lanes. 6. A zoning ordinance requiring new employment centers to be situated within convenient walking distance of public transit services, with provisions for partnerships between developers and the city for the provision of such services where feasible. 7. A Transportation Demand Management Ordinance. This ordinance would require large employers, including the City, to prepare plans for a reduction in "drive alone" commutes during peak hours of over 50~ within five years. Measures in transportation demand management plans could include carpooling, transit and bicycle incentives, flex hours and alternative workweeks, hiring from residential areas near the place of employment, or other measures to be determined in each .plan. Plans should be monitored for compliance with goals, and goals should be periodically evaluated for their ability to achieve healthier air. 8. Adoption of a city government transportation demand management plan in .advance of .the effective date of the above ordinance, including the measures listed above. 9. Direct staff to prepare a plan for the construction, through 1 the capital im~ovements_-groness- (c~_ •--.:-_~ +?: redevel©pmen~--€unds in C appropriate areas). of secure bicycle .parking facilities at city r facilities and commercial centers, giving priority to locations at l businesses wishing to provide such improvements in partnership with the city. ~i ~- 10. Adoption of an ordinance prohibiting contracts for EIRs which do not require the best po§sible quantification of impacts in areas mandated by CEQA, and prohibiting payment for unacceptable EIRs. 11. Direct staff to identify projects impacting Chula Vista where environmental and traffic forecasts on which policy makers relied turned out-to be seriously wrong, to hire a consultant not connected to any such projects to conduct a study of how they went wrong, and to provide recommendations for correcting the process in the future, as well as on any remedies the city may have. 12. Request a staff report on current air quality maintenance programs for city equipment, with recommendations for improvements if appropriate.' 13. Adopt. an ordinance containing a preferential procurement policy for clean fuels (within realistic economic parameters) and requiring an annual public .report on implementation. 14. Send a letter from the City Council to Mayor O'Connor of San Diego,-the Chair of the County Board of Supervisors, and the mayors / of the other cities in the county asking them to join in a (< cooperative effort to explore the feasibility and desirability of creating a public energy distribution utility while opening energy production to the free market. 15. Direct our staff, as intervenors in any proceeding concerning proposals for new SDG&E facilities in Chula Vista, to demand proof of air quality claims, and to oppose any such proposals in the absence of proof that they will improve our air quality and that SDG&E will be held to any assurances it gives by the prospect of meaningful penalties for violations of any agreements. 16. Send a letter to the California Energy Commission outlining our agreement with SDG&E concerning the rezone of their Chula Vista land and putting on the record of any Energy Commission proceeding the invalidity under that agreement of any implication that new industrial uses by SDG&E on our bayfront are consistent with local land use regulations. 17. Consider an Open Space zone alternative for at least part of the SDG&E bayfront property. 18. Adopt an indoor smoking law patterned after San Diego County's. 2 19. Direct staff to report on.~he~os ible__estahl~shment of a mod, similar to that proposed at the federal level by the ~! Environmental Defense Fund, to subsidize the removal of lead from older Chula Vista homes. This report should include an analysis of need, and, if the need is shown, of possible funding sources, e.g., a ballot measure tv tax lead products. 20. Direct staff to prepare a policy, with input from the Environmental Health Coalition and appropriate others, to eliminate the use of polluting chemicals by the city and prescribing alternatives. 21. Adopt a city policy to identify and prohibit the purchase of any unnecessary products the production, use, or disposal of which is harmful to the earth's ozone layer, and assure that all staff with purchasing authority receive a copy. 22'. Adopt an ordinance requiring woxk on automobile air conditioners to be performed with equipment to prevent the escape of ozone-depleting chemicals into the environment, with the effective-date delayed until a similar ordinance is adopted in all jurisdictions in the county. 23. -Add support for the Bates ozone layer protection bill to the city's legislative ,program. 24. Add support for Assemblyman Peace's A.B. 1332 to phase out chlorofluorocarbons from automobile air conditioning by 1995 to the (~ .city's legislative program. 25. Hold off on further .tentative map approvals for major projects relying on .the 1989 General Plan revision until that revision.- including a Growth Management Element with implementation measures - is complete. 26. Adopt an ordinance requiring new developments to be considered by the Parks and Recreation Commission, with that commission's recommendation being put before the City Council at the time of any council action, and prohibiting council approval prior to such input. 27. Adopt an ordinance for the creation of open space and parks acquisition assessment districts. 28. Adopt an Open Space zone. 29. Adopt an ordinance requiring redevelopment plans to be considered by the Planning Commission and the Resource Conservation Commission prior to City Council action. 30. Adopt a Sensitive Lands Ordinance for the protection of slopes, canyons, riparian habitats and other environmentally 3 sensitive lands. (~ 31. Adopt a policy requiring certification, prior to approval, of projects'- compliance with .the General Plan Growth Management Element, the ^Threshold" standards, and Proposition V, with the understanding that projects not in compliance with the latter are required by law to gain a~unanimous council vote to win approval. i 32._- Adopt an ordinance requiring all development agreements to contain provisions halting development where the "threshold" standards are not met. 33. -Adopt an ordinance amending the "threshold" standards to measure compliance by impacts on cost and quality, as well as quantity, of city services, and by impacts on public safety. 34. Adopt an ordinance requiring new developments to show they will pay their own way in staffing needs as well as capital improvements. 35. Send.a letter from the City Council to-the Growth Management Oversight Committee, the Planning .Commission, the Parks and Recreation Commission and the Resource Conservation Commission emphasizing the council's intent. to give these bodies the widest possible latitude to develop policy recommendations for the council. 36. Adopt a Tree Preservation Ordinance. 37. Direct staff to consider a future Arbor Day program similar to that being implemented this year in Escondido. 38. Direct staff to prepare an RFP for a study (to be done jointly with neighboring jurisdictions if they wish) to identify future job demands and training needs in our locale and to recommend education, training and economic development measures, with assistance from a city Economic Development Commission. 39. Direct staff to work with the Environmental Health Coalition to develop a model Toxic Waste Reduction Ordinance. 40. Send letters from the city to legislators and local judges reiterating our desire for greater protection - tougher sentencing - of methamphetamine manufacturers. 41. Send appropriate letters in sentencing proceedings involving methamphetamine manufacturing in Chula Vista, reminding judges of the seriousness of this activity and the need for protecting the public. 42. Establish a program for collecting-all recyclable materials (glass, aluminum, paper) generated at City Hall. 4 f ~ Establish a timetable for citywide curbside recycling. 44. Adopt a program similar to Irvine's to restrict the sale and use of unnecessary products harming the environment through ozone depletion and nonrecyclzi~ility. 45. Direct our staff to,~establish neighborhood recycling centers and negotiate appropriate pickup services. 46. Adopt an ordinance requiring new development to provide recycling facilities. 47. Adopt a Toxics Disclosure Ordinance. 48. Empower the Resource Conservation Commission to review generation and uses of toxic waste in Chula Vista, and make recommendations for reductions. 49. Direct our-staff to provide us with an interim updated report on alternatives to continued participation in or payment for the Metro sewer, system, including alternative treatment technologies. 50. Direct our staff to implement enhanced streetsweeping prior to forecast storms. 51. Establish_a Conservation Finance Authority to provide low- and no- interest loans to homeowners and businesses for capital .improvements conserving .energy and water. 52. Adopt an ordinance requiring retrofit of residential buildings at time of sale with simple, cost-effective conservation technology (insulation and low-flow fixtures), .using funding from the Conservation Finance Authority and Development Impact Fees assessed on developments consuming energy and water resources. 53. Adopt an ordinance requiring new developments to use drought- tolerant landscaping, and to include CC&Rs requiring drought- tolerant landscaping. 54. Direct our staff to prepare a plan for expanded use_ of reclaimed water in city facilities. 55. Establish neighborhood planning groups to provide input on development and planning proposals affecting the community. 56. Direct the Resource Conservation Commission to provide or arrange for quarterly articles on local environmental issues in our city newsletter, and. to work with the city's public information coordinator to develop better communication with the public on environmental and planning issues. 5 __- 5~- Direct__staff,__thraugh-ourFY~990=9-budget,-ta-either hire a staff person at-the Deputy City Manager level with a solid environmentalist background, or to retain a private environmental expert to work directly with city policy makers on all policy issues having environmental implications. .` l_ 6 L