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HomeMy WebLinkAboutcc min 1990/11/06 Tuesday, November 6, 1990 Council Chambers 4:06 p.m. Public Services Building CALL TO ORDHR ~ 1. ROLL CALL: ' '- PIlESENT: Councilmambers Malcolm, McCandliss0 MOore, Nader, and Mayor Cox ; ~ (Coun~man Malcolm left the meeting at 6:40 p.m.) A. Authelet, City Clerk i' 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation expressing appreciation to Dr. Harvey W. Schiller, Executive Director of the United /'*' States Olympic Committee was presented by Mayor Co~c b. Proclamation proclaiming the month of November 1990 as "Spay/Neuter Your Pet Month" presented by Mayor Pro Temp McCandliss to Janeen Reed, Animal Control Officer for the City of Chula Vista. (Items pulled: 9, 15A, lSB, 18, and 20) BALANCE OF CONSENT C~ P-wqDAR OPPF2tED BY COUNCILMAN MOORE, reading of the text was waived, passed and apprnved unanimously. Cotmcilnkan Malcohn abstained on itpm 18, Coun~3man Nader voted no on ir~rn~ 13A and 18. 5. WRrrrF.~l COMMUNICATIONS: a. Letter of resignation from the Home Advisory Committee - CerO|yll Willjams. Recommended that Carolln W~liams' resignation from the Mobile Home Advisory Committee be accepted with regret and that a letter or appreciation be sent. b. Request for Safety Comm~¢sion to consider ktstaHation of sWp signs at the intersection of Palomar/Oleande~ and Azalea/Oleander - Dave and Bonnie Pithjan, 1402 Oleander Avenue, Chula Vista, California 92011. Recommended that this request be referred to staff and the Safety Commission for a report back to Council regarding installation of stop signs at these intersections. c. . Request from Calffomia Water Awareness Committee for support contn~ution in the 1991 Water Awareness Campaign - California Water Awareness Committee, 910 K Sweet, Suite 250, Sacramento, Minutes November 6, 1990 Page 2 Calimrnia 95814. Recommended that Council not provide financial support to the California Water Awareness Committee at this time. (,. ORDINANCE 2400 ADDING CHAPTER 2.29 TO THE CHULA VISTA MUNICIPAL CODE F, STABL1SHING A CHARTER REVIEW COMMI'ITILE (second reading and adoption) - At the 10/2/90 meeting, L2,~uncil 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 tl~mmittee to the City Council. It reflects the changes recommended by the Charter Review Committee at its 30/9/90 meeting, Staff recommends Council place ordinance on second reading and adoption. (City Attorney) /'~tt ~r 7. ORDINANCE 2411 ADOPTING PCZ 99-P-M: CITY-INITIATED PROPOSAL TO REZONE CF~RTA[N TERRITORY, GENERALLY BOUNDED BY MAIN STREET TO THE NORTH, THE CITY BOUNDARY TO TIlE SOLH'H, A LINE APPROXIMA'IELY 310 FEET WEST OF DATE STREET TO THE EAST. AND FOURTll AVENUE TO THE WEST FROM THEIR CITY-ADOPTED COLIN'P/ZONE CLASSIFICATIONS TO CITY CldMSSIFICATIONS UTILIZEI~ TI{ROUGHOL1T CHULA VISTA (second readLug and adoption) - Staff lecommends Council place ordinance on second reading and adoption. (Director of Planning) /4t~tff ~. ORDINANCE 2415 AMENDING SECTION 3.44.150 OF THE MUNICIPAL CODE TO PROVIDE FOR A MANDATORY VOTE UPON AN ABATEMENT OF THE I~I.ECTRIC USER'S OR GAS USER'S TAX SUCH AS TO PEILMIT AN ACTUAL TAX RATE IN Fe.XCESS OF THE CURPENT MAXIMUM, OR VOTER APPROVED I~,kqE RA'I~ (flint reading) At the 10/25/90 meeting, Council adopted an ordinance that would operate to increase the Electric User's Tax and Gas User's Tax Rates by the cost of living index for the San Diego Area, subject to annual tax abatement hearings. Council directed the City Attorney to return with an amendment Li~at would require that if Council elected not to abate the full amount of such taxes imposed by this ,Kdinance down to the 1990 maximum rates, before any lesser abatement could go into effect, the lesser dbatement would have to be approved by the voters upon a majority vote. Staff recommends Council place ~ldinance on first reading. (City Attorney) 9. RESOLUTION 15908 APPROVING A TIME EXTENSION AMENDMF2CF TO THE AGREEMENT WITH WILLDAN ASSOCIATES FOR THE PREPARATION OF THE EASTERN TERRITORIES TRANSPORTATION PHASING PLAN UPDATE On 4/3/90, Council approved an agreement with Willdan ;\ssociates for updating the Eastern Territories Transportation Phasing Plan. This item is to consider a time ~,x~ension for completion of that update. Staff recommends approval of the resolution. (Continued from 10/16/90 meeting) (Director of Public Works) Pulled from Consent Calendar. Iqqt7 Councilman Malcolm stated he would abstain from voting on Resolution 15908 due to ownership of Great American stock and a possible conflict of interest. Councilwoman McCandliss requested a commitment from staff that Council would not be asked to continue Ibis contract again. Robert Leiter, Director of Planninl;, responded that staff would return to Council on November 20th with a final growth management report with specific recommendations for the TPP which is well within the time Irame given. IUESOLLH1ON 15908 OFFERED BY MAYOR COX, reading of the text was waived, passed aa~d approved 4-0-1 with Councilman Malcolm absent.. Minutes November 6, 1990 Page 3 10. RESOLUTION 15912 APPROVINGTHEREQUESTTOCONDUCTTHEANNUALSTARLIGHTyULE PARADE, ~s~ND APPROPRIATING $2,020 TO PROVIDE STAFFING AND SUPpI~I~_~ FOR THE EVENT - The Chula Vista Business Association is requesting permission to conduct the annual Starlight Yule Parade. An appropriation of $2,020 will be necessary in order to provide City support for the event at the requested level. Staff recommends that Council approve the request subject to staff conditions end that Council appropriate $2,020 from the General Fund to offset requested City support for supplies and services. liequires 4/5's vote. (Director of Parks end Recreation) /'~18 Councilmen Nader stated he had been contacted over the display of a military tank in the parade and questioned the appropriateness of this entry. City Manager Goss replied that staff did not have authority to review the entries. Mr. Fergus, representative of the Downtown Business Association responded that the National Guard had submitted their entry again this year end that it was one of the more popular floats in the parade. He stated they would talk to the Guard regarding this situation. 11. RESOLUTION 15913 ACCEPTING PUBLIC IMPROVEMENTS, WEISSER SUBDMSION - Naples Village, Ltd, has completed the requirements for public improvements for the Weisser Subdivision. The improvement agreement was approved by Council Resolution on September 27, 1988. Staff recommends that Council approve the resolution. (Director of Public Works) 12. RESOLUTION 15914 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WIDENING OF BONITA ROAD FROM FLOWER 8'I'KEET TO BONITA GLEN DRIVE - The project involves widening Bonita Road from Flower Street to Bonita Glen Drive to provide for a five foot bike lane end improving the existing traffic end drainage facilities. The funding for this project was approved with the 1988-89 CIP budget. Staff recommends that Counc~ appropriate funds in the mount of $50,000 from the Unappropriated Gas Tax Revenues to the account for the Bonita Road bike lene, accept bids, end award contract m L.R. Hubbard of San Diego in the amount of $217,450.60. Requires 4/5's vote. (Director of Public Works) //~qaO 13.A. RESOLUTION 15915 APPROVING THE FINAL MAP AND SUBDM SION IMPROVEMENT AGli EEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGR RRMF_.a'~FF FOR CHULA VISTA TRACT 88-3, E/L~'TLAKIi Gli~NS UNIT 13 - On July 25, 1989, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. The Final Map end associated agreements for Unit 13 is now before Council for approval. Staff recommends approval of resolution. (Director of Public Works) B. RESOLUTION 15916 APPROVING AN AGIi~-RMENT WITH THE DEVELOPER OF FASTLAKE GliR~NS UNIT 13 SUBDM SION N~EnED TO SATISFY TF_NTATIVE MAP CONDITIONS OF APPROVAL NUMBER 30 AND 31 (C) - Staff recommends a approval of resolution. (Director of Public Works) 14. RESOLLrrION 15917 ACCEPTINGCONTRACTWORKFORTHEREMODELINGOFTHEFORMER COUNTY HEALTH BUILDING AT 251 FIG AVENUE - The work is complete and the building is now occupied by the Community Development Department. Staff recommends that Counc~ approve the resolution. (Director of Public Works) / ~/4~,I~ 9' Minutes November 6, 1990 Page 4 15.A. RESOLUTION 15918 APPROVING BOUNDARY MAP 90-4 SHOWING THE GENERAL NATURE AND LOCATION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT 90all TO BE ASSESSED FOR SAID IMPROVE1VIENT - During the Capital Improvement Program (ClP) budget process for fiscal years 90-91, 89-90, 88-89 and 87-88, Council appropriated funds for design and construction of curb, gutter and sidewalk at various locations throughout the City under the 1911 Block Act program. Staff has combined these four projects and has prepared construction plans, specifications and estimates for construction and improvements. The four projects will be constructed under one contract, and property owners affected by the projects will be assessed the construcfion costs under one assessment district as shown on Assessment District Map 90-4. Staff has contacted each property owner. The consm2ction cost for the various improvements is estimated at $250,000. Plans, specifications, and estimates for this project are on file at the office of the City Engineer. Staff recommends Council approve the resolution. (Director of Public Works) Pulled from Consent Calendar. John Norgard, 119 First Avenue, Chula Vista, California, spoke in opposition to the staff recommendation. He stated that he was anxious to get the improvements in, but the proposed boundary only included a portion of his property. He requested that Council direct staff to include the remainder of his property (around the curb) in the assessment district. Clifford Swanson, City Engineer, replied that there were several unique engineering problems associated with Mr. Norgard's request and it would result in a delay of approximately four months. Mr. Norgard currently has a deferral on his property which requires that all costs are to be paid for by the property owner. it was not staffs intent to have this property in the assessment district, bur in order to provide for adequate room for traffic, it was decided to include a portion of his property. Mayor Cox questioned whether a change order would be appropriate if Mr. Norgard had the design and engineering done. Mr. Swanson replied that he was uncertain of the time needed to complete the project but it was anticipated that the project would begin in January. Mr. Norgard felt it would be more economical to have the city contractor do the excavating. He would prefer that the no parking signs be left where they were due to problems with trash, etc. He would like to have the deferment removed from his property and not just have half the job done. Councilwomah McCandliss expressed her desire to have staff work with Mr. Norgard towards meeting his requests. Mr. Swanson responded that if Mr. Norgard would hire an engineer and have the plans prepared immediately, he would be willing to look at entering into an agreement ro add it to the contract as a change order. RESOLUTION 15918 AND 15919 OF~'ERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 with Councilman Malcolm absent, Staff is to work with MA-, Norgard regarding his requests. B. RESOLUTION 15919 ORDERING INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT VARIOUS LOCATIONS AS SPECIFIED ON BOUNDARY MAP 904 AND INSTRUCTING THE SUPERINTENDFA~T OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION OF SAID IMPROVEIVlENTS - Staff' recommends that Council adopt a resolution ordering installation of certain public improvements at various locations as specified on Boundary Map 904 and instructing the Superintendent of Streets to give notice and order construction of said improvements. (Director of Public Works) Pulled from Consent Calendar. /'~q2 ~ Minutes November 6, 1990 Page 5 16. RESOLDTION 1S920 ENCOURAGING THE COUNTY OF SAN DIEGO TO COMMENCE DISCUSSIONS REGARDING A HOST COMMUNHY FEE - Staff recommends that Council approve the resolution and direct the City Manager to forward it to the County of San Diego. (Cit~ Manager)/~t/~ ~ 17. RESOLUTION 15921 APPROVING CHANGE ORDER NUMBER TWO FOR MEMORIAL PARK IMPROVEMENT PROJECT PHASE 1 AND APPROPRIATING $60,000 THEREFOR - At the 4/24/90 meeting, Council awarded the contract for 'Construction of Phase I Improvements at Memorial Park.'* Phase I construction began on May 14, 1990. A change order is proposed to construct stairways and cheek walls at ends of the amphitheater. The cost for this change order is $60,000. This change order may delay the completion of the Phase I to mid-December. Staff recommends Council approve the change order for the Phase I construction and appropriate $60,000 from the unappropriated balance of the Residential Construction Tax (RCT). Requires 4/5's vote. (Director of Parks and Recreation) 7~,~ t 18. RESOLUTION 15922 ACCEPTING THE RESULTS OF A MAIL-IN RLRCTION I-ml n ON OCTOBER 9, 1990 ADOPTING NEGATIVE DECLARATION FOR IS-90-32 - The City Clerk's office conducted a mail-in election on 10/9/90 for the parcel owners of the Bonita Ridge Estates No.2. Open Space District No.4 for the purpose of obtaining authorization for the City to sell open space property deemed eligible for sale under the City Grading Deviation Policy. Staff recommends that Council accept the results of the mail-in election, adopt Negative Declaration, and direct staff to obtain an independent consultant to appraise the value of land to be sold. (Director of Parks and Recreation) Pulled from Consent Calendar. Mayor Cox informed Council he had received a request from James H. Johnson, 424 Stoneridge Ct,, Bonita, California, to continue this item. MSC (Moore/Cox) m continue Resolution 15922 to the meeting of November 13, 1990. Approved 4-0-1 with Councibnan Malcolm absenL 19. REPORT REGARDING APPLICATION FOR LSCA LITERACY GRANT FUNDS - The Chula Vista Public Library wishes to file an application for grant funds in the amount of $31,224 to support the Library's literacy program. Staff recommends that Council authorize the Library to proceed with an application for LSCA Title VI monies. (Library Director) /q~o 20. REPORT REVIEW OF DRAFt SANDAG REPORT ON ~IEGIONAL QUALITY O[~ LIFE STANDARDS AND OIME~;n,/F.S* - The report contains proposed standards and objectives for eight quality of life factors to be considered in developing a regional growth management strategy for San Diego County. Staff recommends that Council endorse the report, with comments regarding the lack of quantitative standards for regional water supply and transportation system management. (DirectorofPlanning) Pulled from Consent Calendar. Councilman Nader expressed his concern for the need of a more specific transportation management program. He also felt that air quality was not adequately addressed and agreed with the concerns of staff. Council should not endorse the report as he felt it needed further work. MSC Clqader/l~/leCandliss) to approve the two recommertdatiorts by staff and include a comment that there should be a more specific plan for managing lransportation demand. There should also be a plan for avoiding actions which would result in permanent deterioration of air quality prior to adoption of the Minutes November 6, 1990 Page 6 Regional Air Qualifies Board's plan for air quality atta/nmenL Approved ~bO-1 with Councilman Malcolm absent. * * END OF CONSENT CALENDAR * * PIJBI.IC HFdMRINGS AND RELATED RESOLUTIONS AND ORDINANCES 21. PUBLIC HEARING TO CONSIDER GRANTING A FRANCHISE FOR RECYCLING SERVICES TO I.AIDLAW WASTE SYSTEMS, INC. - The public hearing was continued from the 10/16/90 Council meeting in order to give additional time for public input. The report provides more information on questions raised during that meeting. Staff recommends Council place ordinances on second reading and adoption. (City Manager) This being the time and place as advertised, the public hearing was declared open. Stephanie Popek, Principal Management Assistant, informed Council that Bay City Services had requested that the public hearing be continued and that the recycling services contract be let out for open bidding. She stated this request would delay the program approximately 6-7 months. The primary concern would be the delay of time in implementing AB939 and stated there could be penalties imposed against the City by the State. This is to be a first step in a more comprehensive program and there would be a domino effect throughout the rest of the progn-am. There would also be a loss of the benefits of Laidlaw's County Technical Assistance proposal grant application if the application is approved. The RFP process would not necessarily guclrantee that a lower cost would be provided due to other criteria. Ccluncilwoman McCandliss questioned whether staff had surveyed the market area to see who else could scpdce the City in this capacity. Ms. Popek responded that a survey was not done as Council's direction had been to negotiate directly with Laidlaw. Research had indicated that the City could expect a lower cost with an integrated program. Councilman Malcolm felt there was a problem in taxing the citizens without going to bid and questioned ll~e legality of the process. City Attorney Boogaard responded that a franchise had been issued to Laidlaw to remove refuse from the CiD,. Refuse is defined as the same things as recydable materials. This is a modification to the franchise to provide a different method of collection with a different rate. It is perceived by Laidlaw that this is an ,xisting right and therefore this is just an amendment ro their existing franchise to remove trash. Under rhar analysis, it would not be necessary to go through a public bidding process. In order to avoid any possible problems and to obtain all possible public comment, staff followed the procedure for the issuance of fi'anchises as outlined in the Charter. It was not his opinion that Council had to go out for public bidding. It is a policy choice of the Council as to whether they want to grant the franchise amendment to Laidlaw. 1'he damages to Laidlaw, if Council chooses not to grant the franchise modification, would be zero. Therefore, it was his opinion that Council could issue a recycling franchise to another hauler without serious damages to Laidlaw. Ms. Popek stated the amendment is to run in tandem with the Laidlaw refuse collection, 1992, with two five year extensions which are automatic, the amendment would expire in 2002. It was felt that this would nfinimize disruption in service and Laidlaw had stated they would need seven years to amortize the equipment. Minutes November 6, 1990 Page 7 Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, wanted the owners of the mobile homes to know that because the mobile home parks would not be included in the recycling program, the residents of the park would not be charged the additional $1.25 per month for the service. Ms. Popek replied that only those receiving single family trash billings would be charged the additional $2.25. It was her understanding that the mobile home parks wonld be included with the multiple-family units which would be included at a later date as it will take a different type of collection process. Byron Georgiou, 600 nB" Street, Suite 1515, San Diego, California, representing Bay Cities Services, Inc., spoke in opposition to the staff recommendations. Cost is not the only consideration, but they did feel that a competitive bidding process would substantially reduce the fee charged to the residents. He stated that Bay Cities Services, Inc. was the only licensed transfer station in the area. That permits them to pick-up commingled materials at curbside. The advantages are numerous as it encourages the residents to participate, it is easier, and does not require specialized equipment. He referred to the proposed ordinance and stated that by granting this franchise, it would include recycling of everything else at some time in the future, without going to a public bidding process. He felt Council should address plant waste, commercial and industrial recycling in a comprehensive program open to public bidding. A. J. Moore, Jr., 1300 Wilson Avenue, National City, California, General Manager of Bay Cities Services, Inc., spoke in opposition to the staff recommendations. He stated that their transfer station had been in operation for twenty years and expressed his concern over the Council receiving the lowest cost for the service provided. Councilman Nader questioned whether Bay Cities Services, Inc. would be in a position to bid on a comprehensive program which included garden waste, multiple family dwellings, etc. Mr. Moore replied they could handle that type of program. They currently service areas in Poway, Fairbanks Ranch, beyond haJolla, Santee, Lemon Grove and other areas throughout San Diego. He stated that they would furnish a list of references to the City. Mr. Georgiou informed Council that Bay Cities Services, Inc. is also the largest hauler of Navy trash, which would be considered commercial. Diana L. Anderson, 1359 Melrose Avenue, Chula Vista, California, representing Recycle Mother Earth, spoke in opposition to the staff recommendations. As a concerned citizen, she did not feel that she was given ample time to respond to the selection of LaidIaw. She questioned whether there was a committee established, whether local community organizations were contacted, did Laidlaw meet the needs of the city now and in the future, what materials were chosen and was the market researched, how landfill costs would be avoided, and financing. She did not feel the public was made aware of Laidlaw's intentions and what was going on. She volunteered to help the City regarding the recycling efforts. Teresa Aland, 1433 Nacion Avenue, Chula Vista, California, spoke in opposition to the staff recommendations. She stated most of her concerns had been voiced by other members of the public. She felt the public should have been involved in the process from the beginning. A1 Dove, 655 Jefferson Avenue, Chula Vista, California, spoke in opposition of the staff recommendations. He felt the additional fee to be charged for recycling was a burden for those on fixed incomes. He currently recycles much of his trash and questioned where this revenue would go. Minutes November 6, 1990 Page 8 Ms. Popek responded that the original cost of recycling was $1.85 per month, from that $.40 per month per household had been subtracted as the saleable value of materials. In addition to that, it had been reduced by an additional $.20 per month for landfill diversion credits, which results in a $L25 charge per month. Maggie Heltin, 162 Mankato Street, Chula Vista, California, spoke in opposition to the staff recommendations. She questioned the integrated costs and stated that trash collection fees had risen by $20.00 since 1988. She also questioned whether there was notice sent out with the Laidlaw billings. Ms. Popek responded that notices were sent out with 28,000 billings regarding the public meetings held. Notice was also given in the Chamber of Commerce newsletter, public service announcements, and legal advertising. Ms. Heltin questioned whether a waiver would be available for citizens not wishing to participate in the recycling program. Ms. Popek replied that there was no provision for a waiver, but there was a discount for low income and senior households. Councilman Nader expressed his concern over the lack of information presented regarding the costs to the City and citizens if recycling is not instituted. He felt it was important that people understand what the alternative costs would be. Helen Bramble, 1057 Colorado, Chula Vista, California, spoke in opposition to the staff recommendations and questioned why Poway could have a voluntary program when Chula Vista could not. She also questioned whether the citizens would be charged additionally for future recycling of garden trash. Ms. Popek responded that the City of Poway did not have a franchise refuse collection and that the recycling program is currently voluntary. She was unaware as to whether this program would meet the mandates of ABO39. Ajan Purves, representing Laidlaw, spoke in favor of the staff recommendations. He stated Laidlaw was in favor of competitive bidding under certain circumstances. He expressed his concern over the timing of Bay Cities request as this had been well publicized and Laidlaw's costs have now been made public. He stated that the City Attorney had mentioned that Laidlaw does have an exclusive franchise to pick up waste and as such the costs of the recycling is reduced by the landfill costs. He stated that voluntary efforts have not reduced the amount of trash taken to the landfill. With the proposed program, direct revenues from material sales, will go back to the program with credits to the homeowners. If the revenues from material sales lncl ease, the cost to the homeowner will decrease. He stated that 40% of the $20.00 increase in trash fees had been paid directly to the County for increased landfill costs. The City of Chula Vista will require four trucks, at approximately $65,000 each, and the curbside recycling bins. Laidlaw felt that a minimum of seven years would be required for the contract or the costs would be affected. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm expressed his concern over the piecemealing of the project and starting with the smallest part. He felt the City should go out to competitive bids for a comprehensive recycling program. He would not support either of the ordinances presented to Council. Councilwoman McCandliss questioned time needed to draft a proposal and go out to bid on a comprehensive tecycling program. Minutes November 6, 2990 Page 9 Ms. Popek replied that any delay now would result in moving back the program by approximately 6-7 months without the RFP process. The proposed amendment does allow the City to bid out the other programs. Councilwoman McCandliss felt that before a mandatory program was instituted, Council had an obligation to obtain the lowest price per dwelling end that could only be done through a competitive bidding process. Councilman Nader stated one reason for the creation of the position of a recycling coordinator would be to provide the expertise necessary for this process. City Manager Goss questioned what would happen with the pilot program and the position of a conservation coordinator. These were contingent upon the program going ahead as the funding for the position was to come from the total submitted to Council this evening. If the program is not implemented in the current fiscal year, revenues would have to be set aside from the general fund for the conservation coordinator. Councilman Moore referred to the cost comparisons presented for haidlaw and Bay Cities and requested that further information presented to Counc~ be evaluated upon the same criteria. He also questioned whether it was Council's desire that trash pick-up be separate from the recycling conu-act. He felt the town meeting concept, televising, and audio end video tapes should be considered to inform the public. Mayor Cox hoped that the Board of Supervisors would recognize those communities that provide regional facilities and addressed the issue of a host community fee. He stated that Laidlaw had been a tremendous corporate citizen and listed the programs they had been involved with at no cost to the City or the citizens of Chula Vista. He felt it was important to move forward with a recycling program. He would like to see Council move forward tonight and begin the process for a full recycling program which could be done incrementally. ~ C/vlalcolm/Nader) to direct staff to come back with a comprehensive program, including a request for proposals, for Council review. Councilman Nader requested that there be a provision included that trash pick-up and recycled materials pick-up be on the same day. There should also be a break-out of services in the RFP and all references should be checked. It was not his intent that the hiring of the recycling coordinator be delayed, therefore the City would have the in house expertise to evaluate the proposals. City Manager Goss stated it should be understood that it would be an RFP process, not a bid on price process, as service would have to be considered. Councilman Moore questioned what would happen to the current pilot program with the delay this would cause. Ms. Popek responded that although the pilot program had been continued at haidlaw's cost, they have stated they were uncertain whether they would be able to continue the program. The operational costs are approximately $5,000 per month without any of the depreciated capital investments. AMENDMENT TO MOTION: (Moore) to amend the motion to take action to insure that the present pilot program continues for the 4-6 months of the RFP process. Amendment withdrawn by Councilmen Moore. Councilman Malcolm stated the comprehensive program would include residential, commercial, industrial, and yard waste. He would like to see a two phase RFP which allowed for proposals to include what they would do with and without composting. Minutes November 6, 1990 Page 10 Counciln, an Nader stated the RFP should also allow responses in terms of one company doing the entire program or different companies doing parts. Mayor Cox stated he would vote against the motion on the floor as he felt this was a program that needed to be implemented and he was concerned that the delay would be longer than anticipated. VOTE ON MOTION: Approved 4-1-0 with Mayor Cox vofng no. MSUC (Moore/Malcolm) to authorize the City Manger to send staff (to include transportation and funding) to areas with mulching programs to obtain information. MSUC (Malcolm/Nader) to direct staff to negotiate with Laidlaw for an agreement to continue the pilot recycling program. A. ORDINANCE 2410 AMENDING ORDINANCE NDMBER 1993 BY MODIFYING THE TEILMS OF LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO COI.I.F. CT RECYCLABLE MATERIALS WITHIN THE CITY OF CHULA VISTA AND RESELL SAID MATERIALS (second reading and adoption) B. ORDINANCE 2413 ADDING SECTION 8.24.195 TO THE CHULA VISTA MDNIGIPAI, CODE RELATING TO REDUCED RESIDENTIAL CURBSIDE RECYCLING COIJ-RGTION RATES (second readin~ and adoption) '2'2. PUBLIC HEARING PCZ-91-B: REQUEST TO REZONE 035 ACRES LOCATED AT 245 STREET TO ADMINISTRATIVE AND PROFESSIONAL OFFICE (G-O) ZONING - DAVID F. WILSON AND RONALD D. COX- This is a proposal to fezone 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. (Continued from 10/16/90 meeting) (Director of Planning) : - This being the time and place the public hearing was declared open. Mayor Cox stated he was listed on the documents provided by the applicant as having been the source of income over $250.00. They currently carry his insurance, his premium is $511.00 and the payment is made to an insurance company in Seattle and not the applicant, and questioned whether there was a conflict. Cit3, Attorney Boogaard replied that the policy was fair market purchased through the agent and after referring with the FPPC, they had agreed that it would not be a conflict of interest as they were not a source of income to the Mayor. Therefore, he would be allowed to participate in the hearing. Tony Lattieri, Consultant for the City, gave a brief overview of the proposed rezone. Staff was concerned over the incremental encroachment of commercial zoning into the residential areas. The Planning Commission voted 6-0, against staff recommendation, to recommend to Council to approve the rezoning !~ubject to a precise plan modifier. Staff recommended denial of the rezone due to sufficient commercial acreage located in central Chula Vista, the lot size not being adequate to create a well planned office project, and the a precedent would be set in the area which would make it difficult to deny future rezoning (three ]ors adjacent to the property). Councilwoman McCandliss questioned whether landscaping had been addressed to buffer the area from residential. Minutes November 6, 1990 Page 11 Mr. Lattieri responded that through the architectural approval in Condition #5 and the landscaping requirement, the Commission was exu'emely concerned about the buffering and staff was directed to specifically look at that issue. Bud Wilson, 249 "E" Street, Chula Vista, California, representing Wilson and Cox, spoke in opposition to the staff recommendation. It was their desire to take a building that had turned into an eye sore for the community into an attractive office building. They felt it was a logical extension of their business and the surrounding properties had agreed with what they are trying to do. They had dealt with the issues raised at the Planning Commission level, but did disagree with the requirement of a coordinated landscaping plan with their office. Their existing building has a ten foot set back and the home has a twenty foot set back. They would like to keep the flavor of a single family dwelling and not that of a commercial office building. He requested relief from the requirement as set by the Planning Commission. If the two buildings were attached, they would then do an integrated landscaping plan. Frank Ferriera, 250 Bonita Glen Drive, Chula Vista, California, felt that the Planning Commission recommendations should be approved by Council. There being no further public testimony, the public hearing was declared closed. ORDINANCE 2412 ADOPTING PCZ-91-B REZONING 0. 1S ACRES LOCATED AT 245 'E' STREET TO C-O (first reading) ORDINANCE 2412 PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the terc was waived. M (Malcolm) to delete the requirement of an integrated landscape plan (Condition #4), died for lack of second. AMENDMENT TO ORDINANCE: (Cox/McCandliss) to modify the 'coordinated landscape concept' to a 'phased landscape plan'. If it continues to keep the flavor of a single family home, it is to be landscaped as such. If there is a proposal to combine or eliminate the building, it would have to go through review. Approved unanimously. VOTE ON ORDINANCE 2412 AS AMENDED: approved unanimously. OTHER BUSINESS 23. ORAL COMMUNICATIONS Walter M. Doughty, 246 Broadway, #4S, Chula Vista, California, complained of a barking dog in his neighborhood and the need for a "barking dog" ordinance which would allow for enforcement. MSUC (Cox/Nader) to refer the item to staff for an information report and to contact Mr. Doughty. Don Lindberg, 280 "K" Street, Chula Vista, California, representing F. Ferreira, requested that Council act as soon as possible on the matter of declaring default for the failure of the prior owner of the Villa San Miguel subdivision to install public improvements. The bonding company is then responsible for installing these improvements. He requested that this item be scheduled for the Council meeting of November 20, 1990. Minutes November 6, 1990 Page 12 CiD' Attorney Boogaard responded that he had requested a meeting with Mr. Ferreira and the bonding company but had learned that Mr. Ferreira did not want to meet with the bonding company. Mr. Lindberg replied that it was their desire that Council declare the default and felt that a meeting would not be fruirthl. Mr. Boogaard stated that he would like to have all parties at the bargaining table in order to determine where the differences were. Councilman Nader questioned whether the Council would be exposed to potential litigation if action was taken on Mr. Lindberg's request. Mr. Boogaard responded that he would prefer to address the issue in closed session and would propose to do so when the matter is brought back to Council. He felt there would be a better legal perspective if everyone met before the closed session is held. MSC (Cox/McCandliss) to refer Mr. Lindberg's letter to staff, have the City Attorney meet with the bonding company, and to invite Mr. Lindberg and Mr. Ferreira to attend. Approved 4-0-1 with Councilman Malcolm absent. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, felt that the issue of trash fueled power should be researched due to the problem of increased trash resulting from the newly annexed areas. 24. ITEMS PULLED FROM THE CONSENT CALENDAR (Items pulled: 9, 15A, 15B, 18, and 20) The minutes will reflect the published agenda order. 25. CI'I'/MANAGER'S REPORT(S) - None. 26. MAYOR'S REPORT(S) a. RESOLUTION 15923 CALL1NG UPON THE UNITED STATES FISH AND WIll)LIFE SERVICE TO CONDUCT PUBI.IC F'FJtRINGS ON THE PROPOSED SAN DIEGO BAY NATIONAL WILDLIE REFUGE - (City Attorney) , Iq't~ 7 RIiSOLLrHON 15923 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1 wilh Councilman Malcolm absent. b. Formation of Auto Park Ad Ftoc Task Force - Continued to 11/13/90 meeting. c. Appointments to Boards & Cornmissiorm: Youth Commission - Continued to 11/13/90 meeting. Charter Review Committee Chula Vista 21 Committee MS(: (Cox/McCandliss) to ratify the appointment of Ted Hellick to the Charter Review Committee. Approved 4-0-1 witit Councilman Malcolm absent. 7'~'~ 38 Minutes November 6, 1990 Page 23 MSC (Cox/McCandliss) to nifty the appointment of Constance Byram, Lee Chapman, Lira David, Nicolle DePriesr, Robert Garcia, Ken Harlan, Cad Harry, Susan Herhey, Tim Jones, Barbara McAllister, Suzanne Miller, Bobbie Morris, Raymond Raphael, Marlene Rosenwald, Judy Schulenbert, David Smith, Dancy Souval, Jose Viesca, Bill Virchis, John Willett, and Katy Wright to the Chula Vista 21 Committee. Approved 4-0-1 with Councilman Malcolm absent. d. Reappointment of Commissioner to San Diego Unified Port District Mayor Cox stated that the appointment of Dr. Penher expires on 1/2/91 and he felt it appropriate to reappoint Dr. Penner to another term which would expire in January, 1995. MSC (Cox/Nader) to reappoint Dr. Pennet as a Commissioner to the San Diego Unified Port District with his term expiring 1/2/95. Approved 4~-1 with CounciLman Malcolm absent. e. Return of the Cheney Cup to the Chula Vista Yacht Club Mayor Cox stated he had received a letter from A1 Sorenson requesting transfer of the Cheney Cup from the Library to the Chula Vista Yacht Club. It was the determination of the City Attorney that the City of Chula Vista is the owner of the cup, therefore a decision must be made 6y the Council. The Library had recommended that the cup remain in their facility. /~J~/ Suzarme Miller, 46 Alvarado Place, Chula Vista, California; representing the Chula Vista Library Board of Trustees felt that the cup did belong to the City and believed that something could be worked out between the City Attorney, Library, and Chula Vista Yacht Club for a temporary loan. She expressed their concern over having an item as valuable as the cup in transit. It is hoped that the cup will be eventually displayed in a historical setting. Councilwoman McCandliss felt it was part of the history of Chula Vista and the Yacht Club. She felt that some type of an agreement could be worked out which would allow display at the Yacht Club until some type of historical museum could be established at which time the cup would be displayed there. She questioned the term "temporary loan". Ms. Miller responded that the Library Board would like to see a formal written agreement which would address their concerns. City Attorney Boogaard stated that the cup was originally owned by the Chula Vista Yacht Club (1911-19333 and when the Club disbanded, the Cup was then given as a gift to the Chula Vista Library in 1959. Councilman Moore felt it could be transferred on a semi-permanent basis with an annual report to the City Manager and proof of adequate insurance. Sandra Gilson, 642 Marina Parkway, Chula Vista, California, representing the Chula Vista Yacht Club, gave a brief history of the Chula Vista Yacht Club. She stated that the current facility had areas set aside for display and they have recently installed a security system. The cup would be on display and the public would be given access to the facility for viewing. MS (CoX/Moore) that the Chula Vista Yacht Club be allowed to display the Cheney Cup under the following conditions: 1) secure trophy case, 2) no question that if for whatever reason the Chula Vista Yacht Club ceased to exist - there be a signed agreement that the Cheney Cup or any other trophies associated with the Yacht Club be given to the City of Chula Vista, and 4) that the City of Chula Vista, Historical Society, or Minutes November 6, 1990 Page 14 I.ibrary have use of the Cheney Cup or other cups associated with the Chula Vista Yacht Club, for display purposes. Councilman Moore felt a yearly report should be made to the City Manager. Mayor Cox agreed to include that provision in the motion. Councilman Nader stated that Councilman Malcolm had requested that Council require viewing of the cup /~e open to the public, it be clear that this was a loan and not a gift, and that adequate insurance be pr</vided. Mayor Cox stated that a recent appraisal had just been done and that it was his intent in the motion that the ownership reside with the City of Chula Vista. RosemarT Lane, Library Director, stated that they were not against an extended loan to the Yacht Club, but they did have several concerns regarding insurance, security, etc. They requested that the Yacht Club return the cup while an agreement was being worked out. The cup is curTently kept in the vault as the Library does not have a satisfactory display case. It is hoped that in the future there will be a historical room which would allow the display of such items. AMENDMENT TO MOTION: (McCandliss/Nader) that at the time a local history room is available, with appropriate security, the issue of location of the cup be discussed again by Council with the possibility of relocafion. Approved 4-0-1 with Councilman Malcolm absent, VOTE ON MO~I]ON: approved 4-0-1 with Councilman Malcolm absent. Mayor Cox stared the cup should be in the possession of the Library while the agreement is being drafted. 27. COUNCIL COMMENTS Councilman Moore: Reterred to past discussions regarding the Mobilehome Issues Committee and felt it was time for a joint lneeting with the City Council. He requested this item be docketed under his comments for the 11/13/90 meeting. Requested that staff bring forth recommendations, pro's or con's, on joint promotions funded by business license fees. Councilman Malcolm: SB 2446 (Craven) - Problems associated with enforcement. Continued to 11/13/90 meeting. ADJOURNMENT The City Council met in a closed session at 7:50 p.m. to discuss: Disposition of property pursuant to Government Code Section 54956.8 - southeast comer of Fifth Avenue and "C" Streets, Memorandum of Understanding - (City of Chula Vista, owners) Minutes November 6, 1990 Page 15 ADJOURNMENT AT 7:56 P.M. to the Regular City Council Meeting on Tuesday, November 13, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVEFLLY A. AUTHELET, CMC, City Clerk by: v,e~i c. Soderqu,st, Depu~ clerk