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HomeMy WebLinkAboutcc min 1993/08/27 MINIYrF3 OF A SPECIAL MEETING OF THE CITY COUNCIL EI'IY OF CHULA VISTA Friday, August 27, 1993 Council Chambers 12:06 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton (arrived at 12:32 p.m.), Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk BUSINESS 2. Purpose of the meeting was to discuss all matters involving solid waste including, but not limited to, discussion of whether or not to join the Interim Commission and/or sign the Interim Flow Control Agreement and/or continue the litigation among other things. The meeting adjourned to a Closed Session at 12:15 p.m. The Council reconvened at 1:22 p.m. with all members of the Council present. Mayor Nader stated that the Council had met in Closed Session and been briefed by the City Attorney. There was one request from the public to address the item. Kris Murphy, representingECDC Environmental, 325 Eldorado Drive, Escondido, 92023. Mr. Murphy urged Council not to join the Interim Commission until the following important issues had been decided: · How the system will be funded? · What is the County System going to be? · Will South and East Counties cities have to fund the operations at the NCRA facility in San Marcos? · Are there less expensive alternatives for Chula Vista? · Are there better and less expensive alternatives for the County system? · What will the final form of governance be for the new Regional Solid Waste System? · Are all of the cities in the County going to stay in the Regional System? · Issue of bonding versus pay-as-you-go as well as the amount of the tipping fee has not been decided. Mayor Nader expressed that Chula Vista had been willing to stand up and take action by going to court. He felt it would be helpful if some of the private sector entities that found fault with the agreement would start exercising some of their legal remedies such as going into Federal Court to show that there was more than just one medium sized city in the County that took its legal rights seriously. Today the court looked at the interest of the City of Chula Vista as a governmental entity in a rather narrow perspective and if other entities have somewhat distinct interests that are being violated, maybe it will be incumbent upon them to make the court aware of that. Councilman Rindone recommended that Council adopt Resolution 17233 for the following five reasons: Minutes August 27, 1993 Page 2 ) · The resolution will provide immediate relief of the surcharge threat to the rate payers although Council feels it is illegal, arbitrary, and capricious. · The City would be able to be seated on the Interim Commission and would be able to gather the collective wisdom of the other cities, to point out to the County the shortcomings, failures, and inaccuracies of what has occurred. · Provides host fees to the City which the City is entitled to and has not been receiving up to this point. · By joining under protest, the Resolution would keep our legal options available to us. It would provide further option of rate payers or other outside agencies as land haulers to be able to pursue other alternative challenges. · There was no viable current short-time alternative for dumping of trash. 3. RESOLUTION 17233 APPROVING THE SECOND AMENDED SOLID WASTE INTERIM AGI~RR~ IN RF. IJANCE ON CERTAIN REPRESENTATIONS AND OPINIONS OF THE COUNTY, UNDER PROTEST Al',,,q) WITH FULL RESERVATION OF RIGFfI'S TO ~ A J'tlDICL~L DE~NATION TI-LAT SAIl) AGREEMENT IS !I.I.~GAL AND THAT OUR CONSENT WAS OBTAINED UNDER DURESS RESOLUTION 17233 OFFEA1ED BY COUNCILMAN RINDONE, reading of the text was waived. Councilman Fox stated that the strong armed tactic of the County had to stop. We lost in court. It was a battle, but we are still in the war, He supported the Resolution with the reasons given by Mr. Rindone. Councilwoman Horton stated she would be voting against the Resolution. She agreed with the City Attomey's recommendation to vote no. She felt the impact on the rate payers may be greater in the long run by approving and joining the Commission than it would be to hold fast and join the other North County cities. She felt the motivation for the County was to get bonding passed and she felt they will. In the short term, we will have some problems looking for alternatives. By not joining, she felt the City's bargaining power would be greater. Councilman Moore stated that recycling and household hazardous waste costs will affect the rate payer. Most important was the fact that there was no future landfill to be used. He felt we were making the tight move. AMENDMENT TO RESOLUTION: MSC (MOORE/FOX) to insert the following language: "WHERF/S, City, with the understanding that they are joining under protest, is relying on the representation that the following marters will be given the highest level of priority as per the amended agreement.' Motion carried 4-1-0 fitorion voting no). Mayor Nader stated that a f'ffty percent surcharge was being held to the throat of our rate payers. If we don't take action today that surcharge will be imposed. He made the following additional points: · He expressed grave concerns regarding the staffing of the Commission. · The ruling in court was not permanent. The case was going to be continued to be prosecuted by the City of Chula Vista. There were other remedies that were not ruled on; specifically, the constitutionality of the flow control agreement. Minutes August 27, 1993 Page 3 MSUC {HORTON/1VIOORE) TO APPOINT Councilman Rindone as the Interim Commission representative and the Mayor as the alternate. VOTE ON RESOLUTION AS AMENDED: approved 4-1 {Horton voting no). MSUC (NADER/RINDONE) TO DIRECT THE CITY ATfORNEY to explore and report back to Council on the possib~ity of maintaining a dass action suit on behalf of the rate payers and using the u-ash bill to communicate to the members of the proposed class. Mayor Nader stated that the previous direction given to staff to explore as expeditiously as possible all viable alternatives for disposal of our trash has nor changed because we are exploring litigation. Councilman Moore stared that we were joining with understandings, we were nor joining with conditions. That was how most members were accepted on the Commission. Councilman Rindone reinforced the concept that as we continue to fight within the system and not from the outside, our efforts will be just as vigorous as they had been in the past. ORAL COMMUNICATIONS There were none. 4. CITY MANAGERS REPORTfS): There were none. 5. MAYOR'S REPORT(S): There were none. 6. COUNCIL COMMENTS: There were none. ADJOURN1VIFAN~ The meeting adjourn at 2:02 p,m. Respectfully submitted, Beverly A. Au~elet, CMC Ci~ Clerk