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HomeMy WebLinkAboutcc min 1982/11/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, November 2, 1982 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandliss, Moore, Malcolm, Scott Councilmen absent: None Staff present: City Manager Col e, Assistant City Attorney Harron, Assistant City Manager Asmus Pledge of allegiance t~ the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF IIINUTES for the meetings of October 21 and 26, 1982 MSUC (Malcolm/Moore) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. Proclamation - Declaring the week of ~ovember 7-13, 1982 "BLHE CURB DAYS" (Mayor Cox) Chief Clerk James D. Driscoll of the State Assembly requested the Proclamation. b. Proclamation - Proclaiming the week of November 7-13, 1982 "YOUTH APPRECIATION WEEK" Hugh O'Brian, Honorary Chairman of the 1982 Youth Appreciation Week, Optimist International, requested the Proclamation. Mayor Cox presented the proclamation to Harry Shank, President of the Bonita Optimist Club. c. Report: Selection of Proposer for the SANDER Project (City Manager) On October 12, the City Council employed Mr. Bill Robens as the Consultant for the City to review and make a recommendation regarding which SANDER proposer would be most acceptable should the project be built in the City. Mr. Robens discussed the selection process; the role played by the City in that process; possible alternative actions available for the City Council; and discussed the most important issues for consideration in selecting one of the alternatives available for input to the Joint Powers Authority. City Council Meeting - 2 - November 2, 1982 In summary, he stated that the SANDER Joint Powers Authori~f is scheduled to select a contractor on November 5 and that it was appropriate for the City Council to provide input since the project may be located in Chula Vista. Mr. Robers declared that Chula Vista, being the host city, has different needs than that defined by the Joint Powers. Two firms are bidding on this proposal; the UOP (Orrick, Herrington, and Sutcliffe) and BFI (Browning-Ferris Industries). Mr. Pobens said that he reviewed the proposals as to project viability including the technical management and financial aspect; the environmental issues; and the specific needs for Chula Vista. The major change in his written report has to do with the financial package as proposed. BFI has increased their up front contribution to an equity of $35 million and UOP has decided to make an equal contribution of $35 million. UOP has another proposal that is being considered and that is the lowering of the tipping fees. Mr. Robens felt that there is a risk involved because if the revenues are not sufficient to cover the debt service in the long term, the debt service would be covered by increasing tipping fees. If there is such a disproportion between the revenues and the debt service, the project will not be economically viable and therefore the risk to the City. Another factor that Mr. Robens discussed was the air pollution: both companies guarantee that they will meet the air polution standards. As to the issue of the water versus air cooling, Mr. Robens declared that the water cooling system, in his opinion, would be unacceptable and he would recommend the Council not accept it. Ina.~much as Chula Vista is in desert country and most of the water is piped in, if there should be a drought for a year or two, water could be rationed and this would effect the economics of the plant. Mr. Robens then submitted a rendering of the two proposed buildings; one by BFI, and the other UOP noting the architectural features of both. In answer to Councilman Malcolm's question as to the cost of water, Mr. Robens indicated he did not know how much the 400 million gallons per year would cost, but that there would have to be a greater energy production for water versus air cooling system. At least 100 million gallons of the water would go back into the sewer and then into the ocean outfall; the other balance is lost through evaporation or used in the cooling process. Mr. Bob Zier, Mitre Corporation, Consultant to SANDER, discussed the savings in water costs and the energy that would be lost in going to air cooling versus water. He said it would cost an additional $3.5 million per year to go to air cooling versus water cooling and added that there would be no discharge into the sewer whatsoever, that all of the water would be evaporated into the air. Mr. Lewis Ward, UOP, discussed their proposal of using the condensed cooling potable water because it was the best economical trade-off; however, the nature of their proposal is to offer a study of other cooling systems. Mr. Ward spoke of the possibility of using the bay water; if that was not viable, then they would not consider air cooling; and emphasized that his company was willing to go into other cooling systems. City Council Meeting - 3 - November 2, 1982 City Council discussion ensued as to using the bayfront water; recycling the water; the percentage of the water used for commercial and residential; modifying the proposed building structures; and the "sliding bid" used in this bidding process; tipping fee; ash process. Mr. Dave Gerand, BFI, stated that his firm tried to pursue the architectural vein that Chula Vista wanted to have for the plant. They went with the air condensing system because they felt that water was of prime importance in San Diego County. His company is proposing the up front equity contribution without any alternative plan. Miss Nicole Clay, Project Director for SANDER, explained that they are operating under State Law 3171 which provides for competitive negotiations for solid waste projects and clarified the selection proposal based on this state law. Mayor Cox commented that Chula Vista should receive some royalty other than property tax, based perhaps upon a "per ton generated deposit" of 1 each day. Mrs. Clay said she would ook into that aspect. Mr. Robens added that should the SANDER facility be approved for construction and operation in Chula Vista, it is his recommendation that: l) The City permit the construction and operation of the SANDER Plant only if the cooling system is an air-cooled design. 2) If UOP is the proposer selected by the SANDER JPA, that the architecture of the plant be modified to be more like the Tucker Sadler model previously reviewed by the City Council, specifically and minimally, the vertical face on the north side of the plant should be redesigned satisfactory to the City of Chula Vista. 3) That of the two types of financing plans proposed, the City Council indicate to the SANDER Authority a preference for the plan utilizing equity contribution. MSUC (Scott/Malcolm) to change the first recommendation of the staff to say that the City Council will accept only air-cooled or some other water saving technique. MSUC (Scott/Moore) to support the recommendation IMr. Robens') as changed. MSUC (Cox/Malcolm) to ask staff to prepare a letter indicating the City Council's position taken tonight and have that letter transmitted to SANDER Board for Friday's meeting. 3. ORAL COMMUNICATIONS a. Bob Pocklington, 656 Glover Avenue, Chula Vista, said that the City needs more information on the trash-to-energy proposals that there were 16 R IT City Council Meeting - 4 - November 2, 1982 companies that submitted bids. This was screened down to four by the SANDER Board and two of the four did not submit a bid. ~lr. Bob Maxwell, 473 Berland Way, Chula Vista, stated that the Herzog Company has a 25 year landfill contract which can be extended to lO0 years. Mr. Don Richard, 840 Oaklawn Avenue, Chula Vista, asked if any of the SANDER people would like to have a plant in their backyard. Patricia Porter, 418 "I" Street, Chula Vista, discussed the detrimental effects of a similar plant located in E1Cajon. Mr. Donald Archer, Sr., 520 Manzanita Street, Chula Vista, asked that the Council consider using sea water instead of desert water. b. Beth Carpenter, 167 Shasta Street, Chula Vista, commented that she submitted a request in September to hold piano recitals in the Library auditorium and asked what the status of that request was. She is planning a recital for December 18 and needs two other days for rehersals. Assistant City Manager Asmus stated that the staff report will be submitted to the Council on November 16. MSUC (Cox/McCandliss) to direct staff to bring back a report on November 16. 4. WRITTEN COMMUNICATIONS (None) PUBLIC HEARING 5. Public hearing To consider deferral request of undergrounding requirement at 670-680 "L" Street (Continued from October 19 meeting) (City Engineer) This being the time and place as advertised Mayor Cox opened the public hearing. As a condition of approval by the City to develop the subject property, the owner, DAN Company, is required to convert the adjacent overhead electric distributio~ and telephone lines along "L" Street. The owner has applied for a deferral of this requirement. The reason given is: "Costs of undergrounding represent an unusual hardship on the development due to line sizes and service to other properties" and that it "would be desirable to install improvements as an overall plan..." From the City's standpoint, the City Engineer states it would be highly desirable to have this portion of "L" Street converted to underground facilities since it is one of the major gateways to the City and is directly east of the I-5 freeway off ramps, and is, therefore, recommending denial of the request. There are no plans in the foreseeable future to form an City Council Meeting - 5 - November 2, 1982 undergrounding district for this area. Enforcement of the conversion requirements with the development of this property would provide a desirable beginning. City Engineer Lippitt explained that the hearing was continued from the meeting of October 19 in order to give SDG&E an opportunity to develop a more accurate cost estimate. The total estimate for the undergrounding approximately ~234,360: electrical - south side of "L" Street only, $103,060; street crossings - electrical, $71,300; and telephone south side in crossings, $60,000. Mr. Lippitt submitted five alternatives to the Council indicating that he is recommending alternative 3 which is to require the developer to underground his frontage but establish an undergrounding utility district to pay for all crossings and complete the undergrounding to Broadway. The cost to the developer for this would be electrical ~103,060 and somev~at less than $60,000 for the telephone. Mr. Doug Mihoky, San Diego Gas a~d Electric, described the method in arriving at their cost figure. Mr. Bennet Greenwald, 228 Fourth Street, Del Mar, representing the DAN Company, questioned the aesthetic point in this development stating that there are telephone poles on the west side of Industrial Boulevard which will exist for a long time to come which will continue east on "L" Street east of Broadway, and the telephone poles on the north side of "L" Street serving the residential areas will also continue to exist. San Diego Trolley lines will continue to be overhead. Mr. Greenwald stated that the $240,000 figure does not include contingencies and felt that this should be considered. Harry G. McDonald, 710 West Ivy, San Diego, Project Engineer, stated that to accomplish the undergroundi ng of these utilities, they would have to remove six poles on the south side of "L" Street; however, four poles would have to be installed. John de Salvo, 918 Nolan Way, Owl-Myers Electric Company, said he lives on the far end of "L" Street and questioned whether the undergrounding project in the future would extend to the residential area and these people would be charged for undergrounding. William Wolever, 502 Tenth Avenue, San Diego, Electric Contractor, President of Owl-Myers Electric Company stated that SDG&E is governed by the PUC and they have to build their poles according to PUC standards. Mr. Wolever concurred with the estimates given to Council by SDG&E. ~r. Mihokey confirmed that in making the undergrounding transition, four poles would have to be installed in that area, two on each e~d of the undergrounding installation. Mr. Greenwald remarked he is more receptive to alternative 4 which requires the developer to contribute a certain amount of money toward undergrounding of this street betwee~ Industrial Boulevard and Broadway and use the City Council Meeting - 6 - November 2, 1982 Undergrounding District to pay for the remainder. At the present time he does not have a set amount as to what his company would contribute. There being no further comments either for or against, the hearing was declared closed. MSUC (Scott/Malcolm) to hold this matter over until the next meeting in order to obtain the cost figures Ifrom Mr. Greenwald on Alternative 4). RESOLUTIONS AND ORDINANCES, FIRST READING 6. Resolution 11052 Approving the installation of additional on-street parking meters within the Downtown Parking District /Director of Finance) Director of Finance Grant reported that the Parking Place Commission on recent field trips within the Parking District have been evaluating the overall need to provide better control and parking turnover in zones that are presently posted with signs indicating specific time limits. As a result of their evaluation, it was the decision of the Commission that better control and parking turnover could be provided by the utilization of short term, one or two-hour parking meters in various locations within the District. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Scott discussed the possibility of eliminating the Downtown Parking District and having instead a Downtown Parking Commission. MSUC IScott/Moore) six months after the parking structure is finished/3rd & "F" Street), the staff is to come back with a report and recommendatio~ to the Council of what to do with the Downtow~ Parking District and also for an entire evaluation of the parking problem (meters). 7. Resolution 11053 Approving agreement between the City of Chula Vista and 805 Properties for construction of a traffic signal at Bonita Road and Bonita Glen Drive (City E ngi neer ) The Environmental Impact Report for the Bonita Glen Specific Plan (EIR 72-2) indicated a traffic signal would be needed at Bonita Road/Bonita Glen Drive as mitigation for the development of the property. The agreement provides for the installation of the signal at the developer's expense and outlines a plan for reimbursement of these costs to the developer as the properties in the benefit area develop. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 7 - November 2, 1982 Councilman Moore voiced his concern regarding the series of lights - five traffic lights within one quarter of a mile along this area. Councilwoman McCandliss questioned the policy of placing traffic signals. MSUC IMcCandliss/Scott) to refer to staff the development of a policy for prepayment of District lighting Itraffic signals) and also the criteria involved. 8. Resolution 11054 Approving second amendment to agreement between City of Chula Vista and Bud Gray, Contract Planner, for the performance of certain City and Regional planning assignments, and authorizing the Mayor to execute said amendment (City Manager) On August 18, 1981, the City Council approved an agreement with Bud Gray to update the Land Use Element of the General Plan. tinder terms of the agreement, the services were to commence on September 1, 1981 and terminate 18 months later on March l, 1983. Compensation was at $3,000 per month, not to exceed 554,000 for the full term of the contract. Mr. Gray pursued the work required under the terms of the contract until May 1982, when the Council approved the first amendment to the agreement which appointed him as Acting Director of Planning upon the resignation of Mr. Jim Peterson. The first amendment to the agreement provided that his service as Acting Director of Planning would continue until the employment of a permanent Director, or a maximum of 6 months, whichever occurs first, at a compensation level of $3,300 per month. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. Resolution 11055 Providing for the special appropriation of funds in the amount of $18,393 for Change Order No. 2 for Jimmy's-on-the-Green Restaurant (Assistant City Manager) On October 19, 1982, the City Council approved Change Order No. 2 in the amount of $18,393 for additional costs in renovating Jimmy's-on-the-Green. Staff had suggested that the change order could be offset against damages that have accrued since September l, 1982 by reason of Contractor/Lessee not completing the project in a timely fashion. The Council did not accept this suggestion and directed that the Contractor/Lessee pay the damages to the City and that the change order be handled in the normal manner. The original contract for this project did not provide contingency funds. A supplemental appropriation is needed to meet the cost of the change order. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Malcolm abstained due to a possible conflict of interest. T · 'l T City Council Meeting ~ 8 - November 2, 1982 lO. Resolution 11056 Approving agreement between the City of Chula Vista and Gann-HSP Broadway Development Inc.-The Price Company for land development for uncontrolled embankment (City Engineer) The Price Company has applied for a permit to place approximately 23,000 cubic yards of uncompacted fill on a portion of its property at 1140 Broadway. According to Section 15.04.285 of the Chula Vista Municipal Code, the owners must enter into an agreement with the City before such a permit can be issued. The Price Company has executed its portion of the agreement. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 11. Resolution 11057 Setting a public hearing on November 23, 1982 to consider proposed rate increases by Hartson's Ambulance & Paramedic Services (Director of Public Safety) Hartson's Ambulance Service has requested a rate increase for ambulance IEMT) and paramedic (PM) services provided in the City. The proposed new rates would permit Hartson's to charge the same fees in the City of Chula Vista that they already charge in the rest of their service area. The last fee increase was granted to the company nearly two and one-half years ago on April 29, 1980. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. Resolution 11058 Adopting sexual harassment policy (Director of Personnel) The City currently has an affirmative action policy prohibiting discrimination on the basis of race, color, religion, sex, national origin, age or handicap. In the past several years, discrimination on the basis of sex has been expanded to include sexual harassment in the work place. Since the concept of sexual harassment is new to many managers and employees, a policy statement defining and prohibiting sexual harassment is necessary. Based on the policy statement a training program will be developed for all City employees on how to detect, report and prevent sexual discrimination in the form of sexual harassment. A review of sexual harassment policies in other areas of the United States, as well as the City and County of San Diego has resulted in a policy statement for the City of Chula Vista. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. Director of Personnel Signe, in response to Council's questions, stated that the training session for all City employees is scheduled for january. City Council Meeting - 9 - November 2, 1982 13. REPORT OF THE CITY MANAGER City Manager Cole submitted an itinerary for the Council tour scheduled for November 6, 1982 at 8:00 a.m. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (None) MAYOR'S REPORT (None) COUNCIL COMMENTS MSUC (Moore/Malcolm) to appoint Larry Helvi to the Crime Watch Committee. ADJOURNMENT AT 9:30 p.m. to the tour scheduled for November 6, 1982 at 8 a.m. and to the meeting scheduled for November 9, 1982 WPC 0204C