HomeMy WebLinkAboutcc min 1984/10/25 The City of Chula Vista
Office of fl~ C'il-y Clerk 691- ~04~
NOTICE OF CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL
WILL HOLD A COUNCIL CONFERENCE (Adjourned
Regular Meeting) ON THURSDAY, OCTOBER 25, 1984
TO CONSIDER THE FOLLOWING:
1. Report on the City of Chula Vista's
Utility Underground Conversion Program
(Director of Public Works/City Engineer)
2o Local Coastal Plan Implementation Program
(Director of Community Development)
The meeting will begin at 4:00 p.m. in the
Council Conference Room, City Hall, 276 Fourth
Avenue, Chula Vista.
Dated: 10/19/84
REVISED 11/13/8z
MINUTES OF AN ADJOURNED REGULAR MEETING
CITY COUNCIL OF CHULA VISTA, CALIFORNIA
Thursday, October 25, 1984 4:15 p.m. Council Conference Room
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Malcolm,
Scott, Moore, Councilwoman McCandliss
(~ived 4:25 p.m.7
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney
Harron, Assistant City Manager Asmus
Mayor Cox asked City Attorney Harron to share the current status regarding the
decision rendered by the Federal Court. Mr. Harron explained the 9th Circuit
Court of Appeals reversed the decision of the District Court in the Hudson vs.
Chula Vista case stating that the City's actions in awarding that franchise
did not constitute an antitrust violation. Mayor Cox commended City Attorney
Harron.
1. REPORT CITY OF CHULA VISTA UTILITY UNDERGROUND CONVERSION
PROGRAM (Director of Public Works/City Engineer)
On March 13, 1984, the City Council directed staff to prepare a report on the
City's utility underground conversion program. Engineering staff prepared
this report in conjunction with SDG&E, Pacific Bell and Cox Cable TV
officials. The City's Underground Utility Advisory Committee (UUAC7 has
reviewed this report. Pacific Bell does not support their recommendation to
limit the conversion program to those areas located along the City's major
thoroughfares.
Councilman Scott asked a two part question regarding: 17 whether the contract
is actually affected by the franchise (can SDG&E change that without
renegotiating the contract) and 27 regarding the clause which states the City
can reopen negotiations and whether that was part of the consideration of the
contract.
City Attorney Harron stated this was a very important question and explained
there are State law limits on what the City can expect as a consideration from
SDG&E. There is a serious disagreement between every City in the County as to
what has to be included in the franchise. He requested referring this
question to him to research the franchise and find out what other cities have
done regarding the franchise.
~uncilwoman McCandliss arrived at this time - 4:25 p.m.)
Council discussion ensued regarding how undergrounding would be affected and
how much control SDG&E has over the contract. Mr. A1 Araiza, Regular
Committee Affairs Representative of SDG&E explained a Charter City is
negotiated separately (from non charter cities7 and SDG&E is concerned
regarding the independent cost to rate payers; if the franchise is not
reopened there are no legal considerations.
MINUTES OF AN ADJOURNED REGULAJ~ MEETING
CITY COUNCIL OF CHULA VISTA, CALIFORNIA
Thursday, October 25, 1984 4:15 p.m. Council Conference Room
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Malcolm,
Scott, Moore, Councilwoman McCandliss
(late)
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney
Harron, Assistant City Manager Asmus
Mayor Cox asked City Attorney Harron to share the current status regarding the
decision rendered by the Federal Court. Mr. Harron explained the 9th Circuit
Court of Appeal s reversed the decision of the Di strict Court in the Hudson vs.
Chula Vista case stating that the City's actions in awarding that franchise
did not constitute an anti trust violation. Mayor Cox commended City Attorney
Harron.
1. REPORT CITY OF CHULA VISTA UTILITY UNDERGROUND CONVERSION
PROGRAM {Director of Public Works/City Engineer)
On March 13, 1984, the City Council directed staff to prepare a report on the
City's utility underground conversion program. Engineering staff prepared
this report in conjunction with SDG&E, Pacific Bell and Cox Cable TV
officials. The City's Underground Utility Adviso~ Committee (UUAC) has
reviewed this report. Pacific Bell does not support their recommendation to
limit the conversion program to those areas located along the City's major
thoroughfares.
Councilman Scott asked a two part question regarding: l) whether the contract
is actually affected by the franchise {can SDG&E change that without
renegotiating the contract) and 2) regarding the clause which states the City
can reopen negotiations and whether that was part of the consideration of the
contract.
City Attorney Harron stated this was a very important question and expl ai ned
there are State law limits on what the City can expect as a consideration from
SDG&E. There i s a serious disagreement between every City in the County as to
what has to be included in the franchise. He requested referring this
question to him to research the franchise and find out what other cities have
done regarding the franchise.
Council discussion ensued regarding how undergrounding would be affected and
how much control SDG&E has over the contract. Mr. ~ Araiza, Regular
Committee Affairs Representative of SDG&E explained a Charter City i s
negotiated separately {from non- charter cities) and SDG&E is concerned
regarding the independent cost to rate payers; if the franchise is not
reopened there are no legal considerations.
Council Conference - 2 - October 25, 1984
Councilwoman McCandliss explained the 2% limit could be for a 4-5 year period;
she suggested having it come back (to Council) for review and if an increase
of revenue was not seen at that time the City could go back to the 4% rate
without changing the franchise.
MSUC (Scott/Malcolm) to hold this over to the first Council Conference in
November (November 29).
ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY
3. RESOLUTION 539 CONSENT TO TRANSFER LOAN SERVICING (Crocker Mortgage
Company) (Continued from the meeting of October 18,
1984)
The Ralph C. Sutro Company is assuming servicing arrangements for servicing
mortgages resulting from the 1979 mortgage revenue bond issue. The Crocker
Mortgage Company will pay the Agency a fee of $2,500 in exchange for
acceptance of the consent to transfer.
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
JOINT MEETING: CITY COUNCIL REDEVELOPMENT AGENCY
2. REPORT LOCAL COASTAL PLAN IMPLE~4ENTATION PROGRAM (Community
Development Director)
Mayor Cox introduced Mr. Paul Webb San Diego Coast District, California
Coastal Commission and Mr. Chuck LeMenager of Watt Industries.
Director of Community Development Desrochers explained the Local Coastal Plan
is still in the draft form and will be in its final printing after the
workshop or the November 1st meeting, whichever is appropriate. He explained
a dual Council/Redevelopment Agency meeting is scheduled for Thursday,
November l, 1984 at its regularly scheduled Redevelopment Agency meeting. The
Coastal Commission asked that a public hearing be held before adopting it as
submitted. There are many other public hearings that this has to go through
because a specific plan is being done in the context of City/State regulations
regarding a specific plan and the EIR has to be prepared. The City entered
into contracts with Recon Co. in September for the preparation of the EIR
which will be ready for the preliminary draft by the first review of the
Planning Commission in November. Then it will go to the State Clearinghouse,
the Planning Commission will then hear the specific plan with the EIR on
January 9 and then to the City Council on January 15. After Coastal
Commission review in January the whole process will have been reviewed.
Council discussion ensued regarding (1) whether the Coastal Commission takes
any action on the EIR; (2) if the contract for the EIR was approved; (3) if
all comments made today would have to be repeated for public hearing to be
submitted to the Coastal Commission for review; public hearing to be set for
November 1 and the newspaper has been advertised to note the correct date.
Mr. Desrochers explained the Coastal Commission concern is how the land use
plan will be implemented.
Council Conference - 3 - October 25, 1984
The major revisions reviewed were the management plan for the marsh; street
name changes; Bayfront Conservancy Trust; interpretive center cooperation
agreement; various aspects of the report were discussed and revisions will be
made pertai ni ng to the suggestions of Counci lmembers.
MSUC (Moore/Cox) to accept the report and schedule the public hearing for
November 1, 1984 at 7 p.m.
4. CITY MANAGER'S REPORT (None)
5. MAYOR'S REPORT
Mayor Cox stated the new operator of the SDA&E Railroad (San Diego
Imperial Valley Railroad) took over a week ago Monday and as a result of
the request the City made to them has removed the railroad boxcars.
6. COUNCIL COMMENTS (None)
ADJOURNMENT AT 5:30 p.m. to the regular scheduled Council meeting on October 3~),
1984 at 7 p.m~ to the Council/Redevelopment Agency meeting on November 1, 1984
following the Redevelopmerit Agency meeting at 7 p.m. and to the regular
scheduled meeting for Tuesday, November 13, 1984,
JENNIE M. FULASZ, CMC
City Clerk
PATRICIA A. GUARDACOSTA
Deputy City Clerk
WPG:0500C
PAG