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HomeMy WebLinkAboutcc min 1990/10/16 MINUTES OF A REGULAR ~G OF THE CITY OF CHULA VISTA Tuesday, October 16, 1990 Council Chambers 6:05 p.m. Public Services Building CALL TO ORDER 1. ROLL CAkL: PRESENT: Councilmembers Malcolm, Moore, and Mayor Cox Councilmember Nader arrived at 6:30 p.m. and left at 7:00 p.m. ABSENT: Councilmember McCandliss ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PI.RDGE OF ~IJ.RGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINItiES: September 25, 1990 MSC {Moore/Cox) to approve the minutes of September 2.5, 1990 as submitted. Approved 3-0-2 with Councilmembers McCandliss and Nader absent. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office - Economic Development Commission: Penny Allen, Marshall Compton, Patty Davis, Albert Gerber, Jim LoBue, Gonzalo Lopez, Mike Maslak, Don Read, and William Tuchscher - Oath of office was administered by City Clerk Authelet. b. Proclamation commending the members of the Human Services Council - Proclamation was presented by Councilman Moore to Ms. Pam Smith, Chair of the Human Services Council. c. , Presentation regarding the Chula Vista IOK Harbor Invitafional on October 21, 1990 at 9:30 A_M. with the People's 5K/IOK beginning at 7:45 A.M. - Tim Murphy gave a brief overview of activities and informed Council that the race will be televised by ESPN and will be shown three times. It is anticipated there will be 2,500 participants and 10,000 spectators. CONSENT CAI .RNDAR (Items pulled: 10, llA &llB, 12A & 12B, 17A & 17B, and 20) Councilman Malcolm noted the absences of Councilmembers McCandliss and Nader and recommended that Council place Items 10, llA & B, and 12A & B on first readings, not take testimony tonight and make a decision in two weeks. He stated he was not voting for any proposed tax increases and wanted these presented before a full Council. He felt the City budget should be cut if new taxes were to be imposed. City Manager Goss stated an option would be to schedule a Council meeting on the fifth Tuesday of the month, October 30th. There is also the option of holding a meeting after the Council Conference on October 25th, or in conjunction with the Redevelopmerit Agency meeting on November 1st. Minutes October 16, 1990 Page 2 ) Mayor Cox replied there was a candidate's forum scheduled on October 30th. City Manager Goss stated that one of the statewide propositions on the ballot of November 6th, could impact the Council's authority, as the law is currently constituted, to be able to consider these items. Councilman Nader responded he would not vote for the utility tax and questioned whether a second reading on November 6th would be to late to avoid the circumvention of authority by the proposition. City Attorney Boogaard replied there was a technical point as to when the initiative becomes effective. It was staffs recommendation to have all ordinances placed on first reading tonight with discussion and second reading at an adjourned meeting on October 25th. Councilman Moore agreed that a full Council should be in attendance. City Attorney Boogaard responded that some of the options or alternatives did have tax increases, but for the most part, they give the Council the flexibility to consider tax increases in the future. If this is not done, Council looses the power to affect taxes that all municipal corporations in the State of California have had since the beginning of the State. It was the stafes opinion that a Charter City should be allowed to run the City, not the State, and have the flexibility to tax even if it is not utilized. Measures are being proposed that will increase the maximum taxes but require the Council to engage annually in tax abatement hearings, where Council could annually reduce the taxes to a level after receiving public input, that balances the City's need for revenue against the impact on the various members of the community where the interests lie. Councilman Malcolm felt the question was whether testimony should be given without a full Council He also pointed out that there were tax increases recommended by staff. City Attorney Boogaard replied that options were created that would allow Council to abate those increases in future years. Councilman Malcolm stated he would like to leave the tax items on the Consent Agenda and hear testimony at a later date. Mayor Cox stated a Council meeting could be scheduled for 6:00 p.m. on October 25th after the Council Conference. He questioned whether those requesting to speak would be able to attind the meeting on October 25th. All those questioned replied that they would return. Councilman Malcolm's recommendation was to leave all ordinances on the Consent Calendar with first reading, have all options as submitted by the City Attorney read tonight, and take final action as deemed appropriate by Council on October 25th. He felt those in attendance tonight, wishing to speak, should be sent the revisions for review before the second readings. City Attorney Boogaard stated that various considerations were presented in order to give the Council the authority on the second reading to adopt one of them. An ordinance has to be read five days before adoption and can not be substantially changed between the tirst and second reading, therefore, to have the flexibility to choose between the types of tax increases, there have been six variations presented for Items 20 and 11, all the City Clerk has to do is read the titles. City Manager Goss stated that the recommended ordinance for Item 12, states that if Proposition 136 passes, it would preserve for the Council the same authority as it has currently and would not be a tax increase. Staff felt a policy issue should be raised that given the nature of the utility users tax, an increasingly larger portion of the tax is being paid by the telephone users rather than gas and electric users. Options were Minutes October 16, 1990 Page 3 given to Council to address that issue and he questioned whether Council wanted an ordinance presented regarding that issue. Mayor Cox recommended that Council deal with Items 10, 11 and 12. BALANCE OF THE CONSENT CAI.F. IqDAR OIq.-I~RED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 3-0-2 with Councilmembers McCandliss and Nader absent. 5. WRH-rtLN COMMUNICATIONS: a. Requesting that the City direct Cox Cable m remove, relocate or appropriately alter the power supply box located in residential areas where their installation is deemed inappropriate - William J. Robens, Post Office Box 695, Bonita, California 92002. It is recommended that the request be referred to staff for study and report back to Council. /qi~t~ 6. ORDINANCE 2396 ALffHORIZING AN AMENDMFJqT TO THE CON1RACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (second readinK and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Personnel) 7.A. ORDINANCE 2403 AMENDING CHAIrFER 2.33 OF THE CHDLA VISTA MUNICIPAL CODE REVISING THE STRUCTURE FOR THE FORMATION OF THE CULTURAL ARTS COMMISSION (second readinK and adoption) - At the meeting of 10/2/90, Council directed the City Attorney to return with revisions to the Chapters of the Municipal Code creating the authority for the Cultural Arts Commission and the Child Care Commission that will allow initial appointees assigned to Initial Terms of two years or less to serve two additional full four year terms. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) B. ORDINANCE 2404 AMENDING CHAFFER 2.34 OF THE CHULA VISTA MUNICIPAL CODE REVISING THE STRUCTURE FOR THE FORMATION OF THE CHILI) CARE COMMISSION (second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption. (City Attorney) 8. ORDINANCE 2406 ADOPTING PCZ-90-I-M: REZONING CERTAIN TERRITORY, G~Y BOUNDED BY WALNUT DRIVE, MAIN STREET, PALM DRIVE AND THE ALrrUMN HllJ_q CONDOMINII. JI~ PROJECT FROM ITS CITY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS UTILIZED THROUGHOUT CHULA VISTA (second readinn and adoption) - In all cases, the proposed zone amendments are the best attempt to convert city-adopted county zoning to equivalent city zoning without adversely impacting development capability of the properties. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 9. ORDINANCE 2400 ADDING CHAPTER 2.29 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING A CHARTER REVIEW COMMI-I-F~-a- (first readinK) - At the 10/2/90 meeting, Council referred the ordinance to the Charter Review Committee for review and comment. The proposed ordinance recognizes the Charter Review Committee and establishes it as a regular standing advisory committee to the City Council. It reflects the changes recommended by the Charter Review Committee at its 10/9/90 meeting. Staff recommends Council place ordinance on first reading. (City Attorney) Minutes October 16, 1990 Page 4 Cit~ Attorney Boogaard stated Ordinance 2400 should be amended to read that "the holdover office privileges extend for not more than two months after the end of the term", instead of the six months. '10. ORDINIL, NCE 2407 A,%~r~,~)ING SECTION 3.40.030 OF THE MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX TO TEN (10%) PERCENT (first readinl~) - In order to offset the declining support provided by TOT revenues for general City operations, staff is recommending an increase in the TOT rate from eight (8%) to ten (10%) percent. Staff recommends Council place ordinance on first reading. (Director of Finance) Pulled from the Consent Calendar City Attorney Boogaard recommended that Council introduce Ordinance 2407 and Options 1, 2, 3, 4, and 5 (Item 10). ORDINANCE 2407, OPTION 1, 2, 3, 4, AND S pLACE. r} ON FIRST READING BY COUNCILMAN MALCOLM, read/rig of the text was waived. Mayor Cox stated the Ordinances were placed on first reading with the understanding that the public would have the opportunity to address Council at the meeting of October 25, 1990. VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent 11. A. ORDINANCE 2408 AMENDING TITLE FIVE AND SECTION 8.20.020 OF THE MUNICIPAL CODE REGARDING BUSINESS LICENSE TAX RATES (first reading) - Based on feedback received from the business community on the Business License Tax report, staff has revised their recommendations and are presently recommending the existing per-employee tax structure be retained and that the proposed rate increases be phased in over a two year period. Staff recommends Council place ordinance on first reading. (Directorof Finance) Pulled from the Consent Calendar .1~377 City Attorney Boogaard recommended that Council introduce Ordinance 2408A, B, C, D, E and F. ORDINANCE 2408A, B, C, D, E, AND F PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was waived. Mayor Cox stated the Ordinances were placed on first reading with the understanding that the public would have the opportunity to address Council at the meeting of October 25, 1990. VOTE ON MOTION: approved 4-0-1 with Councilwomen McCandliss absent B. RESOLLFFION 15898 AMENDING THE MASTER FEE SCI-]ED UI]~ TO REFERENCE THE ASSESSMENT CURRENTLY CHARGED BUSINESSES IN THE DOWNTOWN IMPROVEMENT DISTRICT AND TO MAKE OTHER MISCELLANEOUS CHANGES - The proposed changes to the Business License Tax ordinance requires some corresponding changes in the City's Master Fee Schedule. These changes will have no impact on the fees charged. Staff recommends approval of the resolution. (Director of Finance) Pulled from the Consent Calendar MSC (Malcolm/Cox) to continue Resolution 15898 to the meeting of October 25, 1990. Approved 4-0-1 with Councilwoman McCandliss absent. Minutes October 16, 1990 Page 5 12.A. REPORT ADVISING THE COUNCIL OF THE STATUS OF THE UTILITY USER TAX, PRESENTING AN ORDINANCE TO CREATE AN ANNUAL MANDATORY TAX ABATEMENT HEARING PROCEDURE FOR THE UTILITY USER TAX, AND DISCUSSING ORDINANCE OPTIONS WHICH WOULD ALLOW ADJUSTMENTS TO THE MAXIMUM ANNUAL RATES WITHOUT INCREASING THE PRESENT TAX RATES OR TAXES - (Director of Finance) Pulled from the Consent Calendar i /9~'2fi City Attorney Boogaard requested the introduction of Ordinance 2409 and Ordinance B, Option 1, 2, and 3. B. ORDINANCE 2409 AMENDING SECTION 3.44.150 OF THE MUNICIPAL CODE TO REQUIRE ANNUAL PUBLIC HEARINGS TO SET VARIOUS UI1~TY USERS TAXES AT RATES LESS THAN THE MAXIMUM IMPOSED (fwst reading) * The proposed amendment is needed to retain Council's current flexibility to set the utility user tax rates below the authorized caps. The amendment would require that rates set below the authorized level be done at a public hearing on a year-tu-year basis. The proposed change would NOT affect current rates. Staff recommends Council place ordinance on first reading, (Director of Finance) Pulled from the Consent Calendar ORDINANCE 2409, ORDINANCE B, OPTION 1, 2, AND 3 pLACF. r} ON FIRST READING BY COUNCILMAN MALCOLM, reading of the tex~ was waive& Mayor Cox stated the Ordinances were placed on FLrst reading with the understanding that the public would have the opportunity to address Council at the meeting of October 25, 1990. Councilman Nader felt there was a problem with the ordinance in that a public hearing would have to held in order to prevent a tax increase rather than a public hearing to increase the tax. VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent. 13. RESOLUTION 15899 ADOPTING RESPONSES TO THE RECOMMENDATIONS OF THE 1989-90 SAN DIEGO COUNTY GRAND JURY - Responses to the San Diego County Grand Jury recommendations regarding property evidence room procedures directed at all appropriate police departments in the County. Staff recommends approval of the resolution. (City Manager) , /~/g~e~ 14. RESOLUTION 15900 APPROVINGLICENSEAGRRF-MENTWITHFRANKFERREIRATOOPERATE A TREE FARM LOCATED ON CITY OWNED PROPERTY AT THE NORTHWEST CORNER OF 'If' STREET AND 1-805 - In May 1989, Council conceptually endorsed a plan that would transform the northwest comer of East "H" Street and 1-805 into a tree farm operated and maintained by Mr. Frank Ferreira. In exchange for granting him the use of the property, he would in turn provide at no cost to the City the annual requirement for tree replacements in City parkways. Staff recommends approval of the resolution, (Assistant City Manager) ,'. /4e~8 I City Attorney Boogaard stated staff requested that Paragraph 18 be revised to require the licensor to install a two inch water meter and that the City would receive the equivalency of replacement trees for the cost of the water meter which is estimated at $8,000. MSC (Cox/Moore) to modify the agreement as per the recommendation of the City Attorney. Approved 4-0-1 with Councilwoman McCandliss absent. Minutes October 16, 1990 Page 6 15. RESOLUTION 15901 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF PICK- UP TRUCK AND FOUR DOOR UTILITY VEHICLR - Bids were received and opened for the purchase of four vehicles approved in the FY 90-91 budget. One vehicle is provided for in the Equipment Replacement Budget and the other three in the General Fund. Staff recommends approval of the resolution. (Director of Finance) 16.A. RESOLUTION 15902 APPROVING THE FINAL MAP AND SUBDM SION IMPROVEMENT AGI~ EEMENT AND AUTHORIZING THE MAYOR TO EXECDTE SAID AGREEMENT FOR CHDLA VISTA TRACT 90-8, FAIRWAY VILLAS (F_.ASTLAKE GREFAqS UNIT 19) - On 7/24/90, Council approved the Tentative Subdivision Map for Chula Vista Tract 90-8, Fairway Villas. The Final Map for said Tentative Map is now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) B. RESOLUTION 15903 APPROVING AN AGREEMENT WITH THE DB/ELOPER OF FAIRWAY VILLAS SUBDM SION REGARDING WITHHOLDING OF BUILDING PERMITS AND NOT PROTESTING FORMATION OF AN ASSESSMENT DISTRICT - Staff recommends approval of the resolution. (Director of Public Works) /q~ 17.A. RESOLUTION 15904 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGIH~.RMENT FOR CHULA VISTA TRACT 89-6, WOODCREST TERRA NOVA - On 8/8/88, Council.approved the Tentative Subdivision Map for Chula Vista Tract 89-6, Woodcrest Tetra Nova. The Final Map and associated agreements are now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. 1~.~8~ '~ Councilman Malcolm recommended Resolution 15904 and 15905 be continued as the property was one block away from his home and he wanted to avoid a possible conflict of interest. MSC (Malcolm/Cox) m continue Resolution 15904 and 15~05 m a meeting to be held on Thursday, October 18th after the Redevelopment Agency meeting. Approved 3-0-2 with Councilmembers McCandliss and Nader absent B. RESOLUTION 15905 APPROVINGSUPPIfmMENTALSUBDMSIONIMI>ROVEMENTAGREEMENT FOR CHUIA VISTA TRACT 89-6, WOODCREST TERRA NOVA - Staff recommends approval of the res ol ution. (Director of Public Works) Pulled from the Consent Calendar. 18. RESOLUTION 15906 APPROVING ~HOLD HARMI.KqS" LE'I-fl/-R TO THE SPRING VAIJ.RY SANITATION DISTRICT FOR THE INSTALLATION OF TWO SEWAGE METEKS IN DISTRICT MANHOLES LOCATED ON DISTRICT SEWER HNES AND ALrH-IORIZING THE MAYOR TO EXECUTE SAID LE.-i-i-F,.R - The City has contracted with American Digital Systems (ADS) for the installation of seven meters at City connections to the Spring Valley Sanitation District outfall sewer. Two of the meters are to be located in District owned manholes. The District has required that the City issue a "Hold Harmless" letter for this work. Staff has prepared the letter and submitted it to the District for review. It has been found satisfactory and is before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) /+~8~ 19. RESOLUTION 15907 APPROVING AN AG~ WITH OTAY WATER DISTRICT TO HIRE GERALD ORLOB TO CONDUCT A STUDY ON LIVE STREAM DISCHARGES INTO SAN DIEGO BAY - A 12 million gallon per day water reclamation plant is planned for the Otay Valley area. The most feasible discharge locations are the Otay River and/or Sweetwater River. Current State standards may prohibit this discharge. This study is needed to provide evidence to the State on impacts or lack of impacts of this Minutes October 16, 1990 Page 7 discharge to San Diego Bay water quality. Staff recommends approval of the resolution. (Director of Public Works) 20. RESOLUTION 15908 APPROVING A TIME EXTENSION AMENDMENT TO THE AGREEMENT WITH WILLDAN ASSOCIATES FOR THE PREPARATION OF THE ~ TERRITORIES TRANSPORTATION PHASING PLAN UPDATE - On 4/3/90, Council approved an agreement with Willdan Associates for updating the Eastern Territories Transportation Phasing Man. This item is to consider a time extension for completion of that update. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. /~/ MSC (Cox/Moore) to continue Resolution 15908 to the meeting of November 6, 1990. Approved 3-0-2 with Councilmembers McCend]iss and Nader absent 21. ' RESOLUTION 15909 MAKING FINDINGS ON A PETITION FOR ACQUISITION OF IMPROVEMENTS IN CONJUNCTION WITH F..ASTId~(E GR F-F, NS; APPROVING AN ACQUISITI ON/FINANCING AGREEMENT BETWEEN THE CITY AND EASTLAKE DB/F~OPMENT COMPANY IN CONJUNCTION WITH EASTLAKE GI~F,I~,NS AND ALrH-IORIZING THE MAYOR TO SIGN SAID AGRF. F. MF. NT - The EastLake Development Company and various property owners are petitioning the City to initiate assessment district proceedings, pursuant to the Municipal Improvement Act of 1913, for the financing of infrastructure improvements in the Greens and surrounding areas of the EastLake development. EastLake has also executed an acquisition/financing agreement which is now before Council for approval. Staff recommends approval 'of the resolution. (Director of Public Works) 22. REPORT CHILDREN'S ASTHMA LEAGUE OF GREATER SAN DIEGO REQUEST TO CONDUCT A BIKE FOR BREATH FUNDRAISER - The Children's Asthma League of Greater San Diego has requested permission to conduct their 14th annual Bike for Breath event. Staff recommends Council approve the request subject to staff conditions. (Director of Parks and Recreation) 23. REPORT REQUEST TO CONDUCT HALLOWEEN PARADE BY ROFIR RI .RMENTARY SCHOOL - The Principal of Rohr Elementary School is requesting permission to conduct a school parade on October 31, 1989 from 2:00 - 3:00 p.m. to celebrate Halloween. Staff recommends Council approve the request subject to staff conditions. (Director of Parks and Recreation) /q~ ~ * * END OF CONSENT CALENDAR * * PUBLIC FIEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 24. PUBLIC HEARING TO CONSIDER GRANTING A FRANCHISE FOR RECYCLING SERVICES TO LAIDLAW WASTE SYSTEMS, INC. - Staff recommends Council place ordinance granting the franchise on first reading. (City Manager) /'~'q5 ' /'~q~ This being the time and place as advertised, the public hearing was declared open. Stephanie Popek, Principal Management Assistant, stated there had not been specific direction from the Council to develop a program regarding preferential rates for the curbside recycling program. A program Minutes October 16, 1990 Page 8 was drafted and presented to Council for review along with an ordinance as recommended by the City Attorney. The reduction recommended is 30% of the recommended charge, which would be $0.85 per household. A rate review process is included in the ordinance. It is estimated there would be 500 households (elderly and low income) applying for the preferential rates. She referred to a letter received from Bay City Services requesting a continuance of the public hearing because the consideration to grant the franchise was not issued in an open bid process. Staff felt that Council had given direction in April to negotiate an agreement with Laidlaw Waste Systems. Don Lindberg, 280 K Street, Chula Vista, Califomia, representing San Diego Solid Waste, requested that the public hearing be continued to November 6th as they have not had time to examine the ordinance and process taken and they would prefer that a full Council be present. Ms. Popek stated the issue was time sensitive in that a delay would mean a delay also in the ordering of capital equipment and the program. A decision to go into an open bid process would result in a delay into the next fiscal year, while time would be decreasing on the AB 939 mandates. Councilman Malcolm questioned whether any other trash haulers were contacted. Ms. Popek responded that staff had not contacted any other firms as they felt it had been Council's direction at the April Council Conference to negotiate with Laidlaw Waste Systems, Inc. City Manager Goss replied that Council direction in April had been to negotiate with Laidlaw Waste Systems, Inc. and that was the purpose of the public hearing tonight. Councilman Malcolm questioned whether there would be a problem with an amendment that would give them the franchise until 1992 but not guarantee an option. " City Attorney Boogaard replied that the ordinance before Council mended a section of the primary trash service offered by Laidlaw which would delete the two five year options out of that contract as a result of the recycling program. There would be a possibility that the term of this section could be limited to 1992 without making it a pan of the two five year options Laidlaw may have. Councilman Malcolm did not feel that the granting of an exclusive twelve year contract was in the best interest of the City or residents. City Attorney Boogaard suggested that the ordinance be placed on first reading tonight and continue the public hearing to the meeting of November 6, 1990. Councilman Moore felt the initial contract should offset the capital improvements that were made. He was surprised that competitors were not contacting the c/ties due to the state mandates. City Manager Goss replied that the item had also been on the agenda two weeks prior in order to set the public hearing and a public workshop was also held on October 8. Mike Bell, 2783 Hampton Ct., Bonita, California, stated he had no comments. A.J. Moore, 1300 Wilson Avenue, National City, California, representing Bay Cities Services, Inc., spoke in opposition to the staff recommendation. He stated they were unaware of the proposed plan and had not had time to examine the plan or the ordinance. He informed Council that they had been in business for twenty-five years and were fully equipped. They have the only licensed permitted transfer station in San / Minutes October 16, 1990 Page 9 Diego and currently recycle commercial, military, and industrial materials. He requested a continuance and an opportunity to submit a bid under the open bid process. Councilman Moore questioned whether they have curbside services for any city. Mr. Moore responded that they were implementing a volunteer program and it would take approximately two weeks to gear up such a program. Ernest Robbins, 488 Elm Avenue, Chula Vista, California, questioned whether the public would be required to set out recyclables rather then recycling items on their own. He did not feel the residents should have to pay $1.20 a month for this service and he was totally against the proposed program. Mayor Cox responded that any resident could continue to recycle their own items. The State has mandated that cities implement a program to decrease the amount of waste taken to the landfills. In order to do that, all cities will be looking at recycling programs. Alan Purves, 678 Third Avenue, Chula Vista, California, representing Laidlaw Waste Systems, Inc., spoke in support of the staff recommendations. He stated that AB 939 had been instituted because people and cities had not recycled or reduced the amount of waste voluntarily. Laidlaw was making a long term commitment towards recycling no matter what the market was for the products. The continuance of the public hearing would seriously jeopardize the starting of the program in January 1991. He was surprised that the competitors would admit that they only heard of the program today as he felt they were aware of the proposed program for a long time. He did not feel a request for continuance was appropriate. If the ordinance is not placed on first reading, they will be unable to meet the deadline of January 1991. He noted that Laidlaw had continued the program after the initial six month period so there would not be a delay in the program, but he could not commit to the continuance of the program after December to avoid a possible delay. Councilman Moore questioned how the public was informed of the proposed program. Ms. Popek responded that residents were notified of the January program through 28,000 mailings in the Laidlaw billings. A public worksession was held, notice was placed in the Chamber of Commerce News and Views, articles were included in the San Diego Union and Tribune, Sun Times, and Star, flyers were placed on all public service counters, and notice of the public hearing was published in the Star News. Mrs. P. A. Tefft, 81 F Street, Chula Vista, C~lifornia, stated she was against the higher rates that would result with the curbside recycling program. She had received the notice of the public worksession two days after the meeting and she would like to see better noticing and an open bidding process. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, representing the Extended Greene Family Household, questioned whether the franchise was exclusive. City Attorney Boogaard stated the franchise deals only with recyclable materials placed in special containers on the curbside. Ms. Brando, 1057 Colorado, Chula Vista, California, felt the program was mandatory and should be voluntary. She also felt that citizens were loosing their rights and that residents should not be charged. She would like to see competition and volunteers. Mayor Cox felt the City of Chula Vista had an obligation to implement a city-wide recycling program. The assessment of the fee would be mandatory, but it was not mandatory that residents recycle. The Otay Minutes October 16, 1990 Page 10 ) landfill has approximately eight years of serviceable life left. A new landfill site will have to be located which will be extremely expensive. The current market demand for the recyclables will not cover the cost of the program. He felt it was unfortunate that residents would be charged but that if a recycling program was not instituted it would result ha even higher costs later. ORDINANCE 2410 AMENDING ORDINANCE NUMBER 1993 BY MODIFYING THE TERMS OF LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO COLLECT RECYCLABLE MATERIALS WITHIN THE CITY OF CHULA VISTA AND RESEI.I. SAID MATERIALS (FL~st reading) ORDINANCE 2413 ADDING SECTION 8.24.195 TO THE CHULA VISTA MUNICIPAL CODE ELATING TO REDUCED RESIDENTIAL CURBSIDE RECYCLING COI.I.~-CHON RATES (first reading) MS (Cox/Moore) to continue the public hearing to the meeting of November 6, 1990 and place Ordinance 2410 and 2413 on tint reading, reading of the text was waived. Councilman Moore stated source reduction was a major concern for any company involved in recycling. He also referred to the expenses involved in locating a new landfill site. Councilman Malcolm requested that staff return with the following information: 1) costs of recycling in other cities in the State of California, and 2) what type of negotiations went on with Laidlaw and why this is the best price. He felt Ms. Popek had done an excellent job with the program. He did not believe that seniors deserved a lower rate just because they were seniors, the reduced rates should be for those with low incomes. Because there were only three Councilmembers present, he would vote for the ordinances, but would not support that section of the ordinance. VOTE ON MOTION: approved 3~0-2 with Councilmembers McCandliss and Nader absent. 25. PUBLIC HEARING PCZ-90-P-M: CITY-INITIATED PROPOSAL TO REZONE CERTAIN TERPdTORY, GENERALLY BOUNDED BY MAIN STREET TO THE.NORTH, THE CFI'Y BOUNDARY TO THE SOUTH, A LINE APPROXIMATELY 310 FEET WEST OF DATE STREET TO THE EAST, AND FOURTH AVENUE TO THE WEST FROM THEIR CITY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS UTILIg:~I'~ THROUGHOUT CHULA VISTA - In all cases, the proposed zone amendments are the best attempt to convert city-adopted county zoning to equivalent city zoning, keeping in mind consistency with existing land uses, without adversely impacting development capability of the properties. Staff recommends Council place ordinance on first reading. (Director of Planning) This being the time and place as advertised, the public hearing was declared open. A brief overview was given by Tony Lattieri, Consultant for the City. He stated this was a simple rezoning on a one to one basis. Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, spoke in opposition to the staff recommendation. Mayor Cox stated that preexisting land uses legally in operation under the County would be allowed to operate in the City of Chula Vista. There being no further public testimony, ~e public hearing was declared closed. Minutes October 16, 1990 Page 11 ORDINANCE 2411 ADOPTING PCZ-90-P-M: IdliY-IN1TIATED PROPOSAL TO REZONE CERTAIN TERRITORY, GENERALLY BOUNDED BY MAIN STREET TO THE NORTH, THE CITY' BOUNDARY TO THE SOUTH, A LINE APPROXIMATELY 310 FEET WEST OF DATE STREET TO THE EAST, AND FOURTH AVENUE TO THE WEST FROM THEIR CITY-ADOFI'ED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS UTILIzRn THROUGHOUT CHULA VISTA (first reading) ORDINANCE 2411 PLACED ON FIRST READING BY COLINCH -MAN MOORE, reading of the text was waived, passed and approved 3-0-2 with Councilmembers McCandliss and Nader absent. 26. PUBLIC HEARING PC, Z-91-B: REQUEST TO REZONE 0.15 ACRES LOCATED AT 245 STREET TO ADMINISTRATIVE AND PROFESSIONAL OFFICE (C-O) ZONING - DAVID F. WILSON AND RONALD D. COX - This is a proposal to rezone a 0.15 acre single family lot at 245 "E" Street from R-1 Single Family Residential to C-O Administrative and Professional Office. Staff recommends Council continue the item to the meeting of November 6, 1990. (Director of Planning) MSC (CoX/Malcolm) to continue PCZ-90-P-M to the meeting of November 6, 1990 at the request of the applicant. Approved 3~-2 with Councilmembers McCandliss and Nader absent. ORDINANCE 2412 ADOPTINGPCZ-91-BREZONING0.15ACRESLOCATEDAT245'E'STREET TO C-O (first reading) OTHER BUSINESS 27. ORAL COMMUNICATIONS a. Mary Hayrues, 1423 Eckman Avenue, Chula Vista, California, referred to action taken by Council in February to install an all weather walkway. This was to go from the crosswalk to the back of the school and questioned why it was not installed. John Lippitt, Director of Public Works, responded that originally the signal was to be further south but due to placement problems it was placed in a different location. It was staffs understanding that the walkway would go to the gate from the street, which was on the school easement. City Manager Goss felt there needed to be clarification as staff thought the existing walkway was to have been paved, which had been done. Mayor Cox stated it was his goal to have an all weather surface walkway for students to go from school to the crosswalk. MS (Cox/Moore) to have staff docket the item for the next City Council meeting and to contact SDG&E to see ff the City can obtain preliminary permission to utilize the easement for a temporary all weather walkway to the crosswalk. Councilman Malcolm requested that comments from the Parks and RecreatiOn Commission and estimated costs be included i.n the report back to Council. VOTE ON MOTION: approved 3-0-2 with Councilmembers McCandliss and Nader absent. Minutes October 16, 1990 Page 12 b. Martin Altbaum, 581 C Street, Chula Vista, California, representing Chula Vista Cable, announced that channel 47 would be a new access channel. City Council meetings w~l be run continuously on Wednesday evenings from 6:00 p.m. to 8:00 a.m. c. Fred Drew, 2275 Banner Avenue, Chula Vista, California, referenced a letter he had received urging him to take a position on Ballot Proposition D. He stated he was against any further building in the City of Chula Vista and its sphere of influence until problems being created by development were addressed. d. William C. Tuchscher, 3633 Bonita Verde Drive, Bonita, California, representing Joelen Enterprises, stated they were the developer of the Crown Isle project in Coronado and had recently submitted a proposal in response to the RFP for the South Bay municipal golf course site. They requested the attention of the staff and City Council in the processing of the RFP process in a timely matter. Chris Salomoni, Director of Community Development, stated his department was working on the project and he felt it would be brought forward within two to three weeks. e. Paul L. Greene, St., 141 hotus Drive, Chula Vista, California, questioned whether he could address the Council regarding an item to be discussed in Closed Session. Stated he had thirty days to respond to the adoption of the ordinance for the rezoning of Woodlawn Park and requested that the ordinance be set for a second hearing. Councilman Malcolm replied that he would review the tape in order to be able to vote upon the second reading of the ordinance. 28. ITEMS pUI.I.Rr~ FROM THE CONSENT CALENDAR (Items pulled: 10, llA &llB, 12A & 12B, 17A "" & 17B, and 20) The minutes will reflect the published agenda order. 29. CITY MANAGER'S REPORT(S) a. There will be a public meeting on October 2Sth at Valle Lindo School and a public hearing at Valley Lino School. regarding the application by Appropriate Technologies, Inc. to renew their federal and state permits to continue their operations in Chula Vista. City staff will be at both meetings. The EIR has just been issued subject to a 45 day review period and staff will respond accordingly with the Council positions in the past. The City has been on record in opposition to issuing new permits for operation and against the extension to the lease of the property (County owned land). Deputy City Manager Krempl stated there has not been any communication with Appropriate Technologies, Inc. within the last three months regarding possible relocation of the facility. 30. MAYOR'S REPORT(S) a. Ratification of appointments to Boards, Commissions, and Committees: HandyTrans Committee MSC (Malcolm/Moore) to ratify the appoinnnent of Virginia Smith to the HandyTrans Committee. Approved 3-0-2 with Councilmembers McCandliss and Nader absent, Minutes October 16, 1990 Page 13 b. Stated he had artended a dinner sponsored by the American Public Works Association. John Lippitt, Public Works Director, received the "Outstanding Senrice to a Public Agency by an Employee" award and the "Telegraph Canyon Creek Flood Control Project" also received an award. 31. COUNCIL COMMENTS a. Councilman Moore: Councilman Moore recommended that the Council authorize the Mayor to take action in forming a task force to work with the local community and staff on the auto park project. ADJOURNMENT City Attorney Boogaard stated Council would not meet in closed session to discuss County versus Rabin as there had been no new information received. The City Council/Redevelopment Agency met in a closed session at 8:40 p.m. to discuss: Imminently potential litigation pursuant to Government Code Section 54956.9 - Jones Intercable versus City of Chula Vista Potential acquisition of property pursuant to Government Code Section 54956.8 - parcels in the general vicinity of Main Street and 4th Avenue, being 629-03-04, 629-03-05, 629-04-09, 629-04- 10,629-04-12, 629-04-16, 629-04-17, 629-04-18, 629-04-23, 629-04-24, 629-05-05, and 620-061-01 (Nelson/Sloan Corporation or NelsordSloan Materials, owners) Potential acquisition of property pursuant to Government Code Section 54956.8 - northeast corner of 5th Avenue and "H" Street - 8.82 acres (fee owner: Garrett Ltd., California Limited Partnership, David S. Casey, Sr., Wayne P. Lill, and Metropolitan Shopping Square Ltd.) ADJOURNMENT AT 8:50 P.M. to the scheduled City Council Meeting on October 18, 1990 immediately following the Redevelopment Agency Meeting at 4:00 p.m. in the City Council Chambers. It will be deemed that the October 18, 1990 meeting be a regula~y scheduled City Council meeting of that date and an adjourned meeting of the regularly scheduled meeting of October 16, 1990. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy City Clerk