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HomeMy WebLinkAboutcc min 1988/02/17 CI'IY OF CHULA VISI'A OFFIGE OF THE GITY CLERK NOTICE OF ADJOURNMENT The February 16th Meeting of the City Council adjourned at 10:30 p.m. to a time immediately following the 7:00 p.m. Adjourned Meeting of City Council with the Planning Commission on February 17, 1988 at a time certain of no sooner than 8:30 p.m. in the Council Conference Room to discuss a report relative to Providing Joint Trench Cable TV in East "H" Street; AND an Adjourned Meeting at 8:00 a.m. on Saturday, February 20, 1988 to be held in Council Conference Room in City Hall for the purpose of interviewing applicants for the position of Port Commissioner for the San Diego Unified Port District for the City of Chula Vista. Jennie M. Fulasz, CMC CITY CLERK Dated: February 17, 1988 8:30 a.m. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5041 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 9:57 p.m. ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Moore, Nader (Councilman Malcolm arrived late) MEMBERS ABSENT: Councilwoman McCandliss STAFF PRESENT: Deputy City Manager Thomson, City Attorney Hatton Mayor Cox announced that this workshop was called as a continuation of the Report on Providing Joint Trench Cable TV in East "H" Street. Director of Public Works Lippitt stated that, at the last meeting, Mr. Martin Altbaum owner of Ultronics stated he could dig a trench for 30.8 cents a foot. Director Lippitt stated he talked to a developer, Signal Master in Poway who is competing in a couple of subdivisions with Cox Cable TV. The cable developer placed his own cable in a clean trench at a cost of around 68 cents per linear foot using all of his own equipment which did not include the conduit. In other contacts Director Lippitt has been quoted a price of about 75 cents for each cable company. Although Cox Cable does not agree with the 75 cents, they are willing to go along with that dollar amount. In contacting San Diego Gas & Electric, because they are paying the most amount, Director Lippitt was informed they do not pay any amount in the beginning but do pay as each resident hooks up to the utilities. Pacific Bell is paying $2.40 a foot. The developer waits until all the costs are calculated and then comes up with a certain percentage that everyone pays their fair share. This is for the 9,750 foot trench. The staff recommendation would be to use one trench and that both cable companies be treated equally for what they pay in order to go into that trench. EastLake is presently charging Cox Cable $1.00 per foot. Director Lippitt added he feels a price somewhere within the range of 65 to 75 cents would be a fair share. Deputy City Manager Thomson stated the City Manager would like to see East "H" Street completed and advised that, if the Council can not get the cable companies to come to some agreement then Ultronics should be allowed to dig a second trench. Minutes 2 February Z?, 1988 Mr. Martin Altbaum, owner of Ultronics stated the problem started when he first received the franchise rights to go into the public streets. He went to the Engineering Department on that same day but they would not issue him a permit. The fact that a developer would charge him money for going under the street where he has no extra cost is tantamount of the developer putting in a toll booth and charging people that are above the street. Mr. Altbaum added there is plenty of room in the trench to put in one to five conduits and there has never been a charge for laying a cable in the last 24 years that has been recorded by anyone. He has, however, no interest in holding up the project of East "H" Street; he has no problem with the 75 cents but is concerned with the precedent and what the charge would be for the next person coming in it could be up to $10.00 a foot. Mr. Altbaum stated the City does not have the capability of controlling the charge - this is controlled by the Cable Communications Act. As a result of his feelings on that matter, he has added an addendum to the contract that McMillin has proposed as follows: 1. The 75 cents is an arbitrary figure, it may or not be accurate; 2. He will agree to pay his proportionate share which amount will be proven later; 3. This decision is based upon the Cable Communications Act of 1984, as this Act is the governing authority/if the amount is not right, he will pay only his proportionate share.) 4. He has not received his permit from McMillin and McMillin is proposing he be given 48 hour's notice. More than the 2 days notice is needed because, at this point, they do not know what size conduit will be put in. Mr. Altbaum stated they need five to lO working days. 5. Under this agreement, he does not want to sign away any of his rights IFederal, State or local). 6. There should be some provisions for attorneys' fees for the litigation - who has the right to charge putting cable in the trench and how much and, if he should pursue this in court and win, he would like to have the attorneys' fees paid. 7. There is more logic for the work to continue and the amount of money to be determined later under the prevailing law. Mr. Ken Baumgartner, representing McMillin Company, stated he is not familiar with the provisions of the 1984 Cable Communications Act but they do have problems with allowing Mr. Altbaum two weeks notice to get the materials. The same contract has been presented to Cox Cable and, except for one minor change regarding the insurance provision, Cox Cable has agreed to the contract. Minutes 3 - ~February 17, 1988 The Councilmembers discussed the provisions of the proposed agreement; the legality issues as expressed in the Cable Communications Act; using one trench along the East "H" Street route; and asking the cable company to get their conduits within a 48 hour period. Councilman Moore noted that the trench will be ready to have the conduits put in by February 29th and this is more than a two days' notice. Mr. Altbaum stated he would like one day extra - March 1st. Mr. Oliver, Engineer for Mr. Altbaum, stated that /1) he applied for a permit and has not yet received it; (2) he has been placing calls since last week to the offsite construction manager of McMillin Company trying to find out if they have a material storage yard available so that he can get his material delivered on site and be ready to place the conduits in; and (3) he wants to ask McMillin if he does not have a construction yard if there is some site available on the premises that he could use to store his material. Mr. Oliver stated that they will not even return his calls. This is a problem for him in order to try to plan on ordering any type of materials. In response to the Mayor's question, Mr. Oliver stated that he has talked to the suppliers and some of them are telling him it would take two weeks for the delivery and others five to six days. Director Lippitt stated he will be able to approve the permit tomorrow. Councilman Nader suggested a compromise whereby Mr. Altbaum will pay his proportionate share of the cost of the trenching to be based upon a bill prepared by McMillin Development which must be prepared in good faith. In addition, Mr. Altbaum would have until March 2 to install the cable. At that point, the trench would be closed. Ed Elliott, on behalf of McMillin Development, said the two amendments to the agreement were acceptable. There would also be a revision to the indemnity provisions of the agreement so that it would be consistent with that agreed to by Cox Cable. Mr. Altbaum would also be able to lay his conduit near the work site but would be fully responsible for any damage to it due to vandalism, theft, etc. Based upon the fact that the parties had reached an agreement, the Council decided to take no action and the Mayor ajourned the meeting at 10:30 p.m. x 'ennie M. Fulas2,'C~MC~ 1174C 2/19/88