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HomeMy WebLinkAboutcc min 2007/07/24 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 24, 2007 6:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Ramirez (arrived at 6:01 p.m.), Rindone and Mayor Cox ABSENT: Councilmembers: McCann (excused) ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett CONSENT CALENDAR (Items I and 2) Deputy Mayor Rindone stated he would abstain from voting on Item I. I. WRITTEN COMMUNICATION Memorandum from Deputy Mayor Rindone requesting an excused absence from the Regular Meeting of July 17,2007. Staff recommendation: Council excuse the absence. 2 A. RESOLUTION NO. 2007-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1, AND I3-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B. RESOLUTION NO. 2007-194, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M, AND DELEGATING TO THE CITY MANAGER, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT C. RESOLUTION NO. 2007-195, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING $432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M FUNDS ((Continued from July 17,2007) CONSENT CALENDAR (Continued) Twenty-one community facilities districts were formed during fiscal years 1998 through 2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas and maintenance of other public facilities, or to repay bondholders. Adoption of the resolutions authorizes the levy of maximum special taxes. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember Ramirez seconded the motion, and it carried 4-0, except on Item I, which carried 3-0-1 with Deputy Mayor Rindone abstaining. PUBLIC HEARINGS 3. CONSIDERATION OF ADOPTION OF THE AB 939 FEE INCREASE ON THE SOLID WASTE SERVICE RATES FROM 2.5% TO 5% TO FULLY FUND THE STATE MANDATED WASTE DIVERSION AND RECYCLING PROGRAMS AS PROVIDED FOR UNDER THE WASTE MANAGEMENT ACT (AB 939) AB 939, known as the Waste Management Act of 1989, requires cities and counties to divert 50% of the waste going to landfills. AB 939 was an unfunded mandate that provided for jUrisdictions to charge for the programs and services required to meet this goal. (General Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. General Services Director Griffin reported that at 5 :00 p.m. on this date, the period for filing written protests to the fee increases expired. Of approximately 55,000 notices mailed to property owners within the City, staff received six written protests and one letter in favor of the proposed fee increase. Mayor Cox opened the public hearing. Alan Huffman, representing IRE Development, opposed the proposed increase, stating that his studies showed he was paying twice as much in Chula Vista because of the franchise agreement. He recommended that the Council vote against the proposed increase. Gregg King opposed the proposed fee increase. He stated that ratepayers should not pay for shortfalls and that any additional services should be paid for from the City's general fund. He commented that the staff report was inconsistent and lacked sufficient detail regarding the proposed fee increases and improvements. He asked staff if the City received a flat fee from Allied Waste Services for the right to haul the trash, and if a hazardous material fee was currently being collected through the hauling fees. Page 2 - Council Minutes July 24, 2007 PUBLIC HEARINGS (Continued) There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Director Griffin responded to Mr. King's questions, stating that the franchise agreement did contain provisions for a flat fee, and that there was no hazardous material fee. Deputy Mayor Rindone asked staff what steps were being taken to reach the 50% diversion threshold. Environmental Services Project Manager France replied that staff would bring back a proposed construction, demolition, and recycling ordinance that should significantly impact the diversion numbers. Deputy Mayor Rindone asked if other cities had been penalized under AB 939. Ms. France responded that the cities of Hawthorn and Huntington Park had been penalized. Deputy Mayor Rindone asked if the City had maintained its used oil recycling program. Ms. France responded that Chula Vista was the lead agency for the used oil and used oil filter recycling program. Councilmember Ramirez asked if the ban on items such as batteries, florescent lamps, and small electronic devices from municipal landfills was a soft or hard ban. Ms. France replied that there was no current mechanism to enforce the ban, although staff was working to provide alternative or convenient disposal options, as well as holding special collection events. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-196, heading read, text waived: RESOLUTION NO. 2007-196, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AB 939 FEE INCREASE FROM 2.5 PERCENT TO 5 PERCENT, APPLIED TO THE SOLID WASTE SERVICE RATES, TO FULLY FUND THE STATE MANDATED WASTE DIVERSION AND RECYCLING PROGRAMS AS PROVIDED FOR UNDER THE WASTE MANAGEMENT ACT (AB 939) Councilmember Ramirez seconded the motion, and it carried 4-0, with Councilmember McCann absent. 4. CONSIDERATION AUTHORIZING THE SOLID WASTE AND RECYCLING SERVICE RATE ADJUSTMENT FOR 2007-2008 AND SUBSEQUENT RATE ADJUSTMENTS FOR THE TERM OF THE AMENDED AND REST A TED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT According to the terms and conditions of the City's franchise agreement for solid waste and recycling services, the contractor is entitled to an annual rate adjustment. The adjustment formula has very specific limiting factors, which ensure that the ratepayers of Chula Vista will continue to have some of the lowest rates for service in San Diego County. (General Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 3 - Council Minutes July 24, 2007 PUBLIC HEARINGS (Continued) General Services Director Griffin reported that at 5:00 p.m. on this date, the period for filing written protests to the fee increases had expired. Of approximately 55,000 notices mailed to property owners within the City, staff received six written protests and one letter in favor of the proposed fee increase. Mayor Cox opened the public hearing. Alan Huffman stated his comments were the same as he had made under Item 3. Gregg King asked the amount of the flat fee collected from Allied Waste. He stated that there was no reason to increase the fees, since there would be over $2 million available from the ratepayers via the eight-percent franchise fee and AB 939 to use for any additional programs. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. General Services Director Griffin responded to Mr. King's questions and comments, stating that the flat fee collected from Allied Waste was in excess of $700,000. Environmental Services Program Manager France clarified that the AB 939 landfill diversion goal was an un-funded mandate from the state that permits the City to charge specifically for AB 939 programs. Those fees would not be placed in the City's general fund, whereas the franchise fee did go into the general fund. Deputy Mayor Rindone asked staff for a report comparing fees among other cities in the county to verifY that the proposed rate of $14.46 for a 64-gallon cart would be the lowest in the county. He asked that the report be placed on a future Council agenda. Councilmember Castaneda asked if there were programs available for seniors who may experience financial difficulties associated with fee increases. Ms. France replied that when the City converted from the manual to the automated program, seniors maintained the prior senior rate at a cost of approximately $9 per month, as opposed to the current senior rate of approximately $12 per month. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2007-197, heading read, text waived: RESOLUTION NO. 2007-197, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND AUTHORIZING THE SOLID WASTE AND RECYCLING SERVICE RATE ADJUSTMENT FOR 2007-2008 AND SUBSEQUENT RATE ADJUSTMENTS FOR THE TERM OF THE AMENDED AND RESTATED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT Councilmember Castaneda seconded the motion, and it carried 4-0. Page 4 - Council Minutes July 24, 2007 OTHER BUSINESS 5. CITY MANAGER'S REPORTS City Manager Garcia confirmed that the joint City Council/Planning Commission/Growth Management Oversight Commission workshop scheduled for August 2, 2007, at the John Lippitt Public Works Center would commence at 6:00 p.m. 6. MAYOR'S REPORTS Mayor Cox informed the public that the City was engaging in continued discussions with Gaylord Enterprises and the San Diego Unified Port District regarding the status of the bayfront. 7. COUNCIL COMMENTS Councilmember Castaneda spoke about recent statistics regarding the housing market, noting that two areas in eastern Chula Vista had one of the highest rates of default. He stated that this would affect the City's fiscal stability and have painful effects on families unable to make ends meet. He asked staff to bring back a report in the near future on how the City could assist in educating homeowners and providing access to available resources. Deputy Mayor Rindone spoke regarding ongoing discussions between Gaylord, the Labor Council, the City and the Port. He stated that Gaylord was just not another developer, but an entertainment corporation. He further described the many ways the City would be negatively impacted should the project not materialize. He urged members of the community to urge both sides to resume discussions. CLOSED SESSION At 6:56 p.m., Mayor Cox convened to Closed Session. 8. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases The items were not discussed, and no action was taken. ADJOURNMENT At 7:04 p.m., Mayor Cox adjourned the Council to an Adjourned Regular Meeting on August 2, 2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road, and thence to the Regular Meeting of August 7, 2004, at 4:00 p.m. in the Council Chambers. ------ Lorraine Bennett, CMC, Deputy City Clerk Page 5 - Council Minutes July 24, 2007