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HomeMy WebLinkAboutcc min 1983/05/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday May 3, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Moore, Malcolm Councilmembers absent: None Staff present: City Manager Goss, City Attorney Lindberg, Assistant City Manager Asmus, PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES FOR THE MEETING OF APRIL 26, 1983 Councilman Moore referred to Item No. 16 in the minutes stating that the motion to accept the report on the Non-Resident Library Service should read (Scott/Moore). Mayor Cox clarified Item 17c under his report noting that the Sweetwater Flood Control Project was presented by the Corps of Engineers through CalTrans without any stipulations. Mayor Cox further commented on Item No. 4 for the motion on the appeal which stated the "appeal has been accepted and the variance would be allowed to proceed" - it should state that the appeal has been denied. MSUC (Cox/Scott) to approve the minutes as corrected. Councilman Malcolm and Councilwoman McCandliss were absent from the Dais. 2. SPECIAL ORDERS OF THE DAY Mayor Cox called on Mrs. Doris Cox at this time. Mrs. Cox introduced Nancy Shockey who recently returned from the visit 'to Irapuato, Mexico. Mrs. Shockey presented the Council with a series of pictures of Irapuato and a booklet written by the President of Irapuato on the subject of politics. Mayor Cox noted that the President of Irapuato will be visiting in Arizona very soon and requested his telephone number so that he can contact him. a. PROCLAMATION DECLARING THE WEEK OF May 8-14, 1983 AS "CHILD ABUSE AWARENESS WEEK" The proclamation was presented to Linda Walker, Director of the Family Stress Center. City Council Meeting - 2 - May 3, 1983 b. PROCLAMATION DECLARING THE WEEK OF MAY 1-7, 1983 AS "RESPECT FOR LAW WEEK" The proclamation was presented to Mr. Leonard Cox representing the Optimist Club. c. PROCLAMATION DECLARING THE MONTH OF MAY 1983 AS "SENIOR CITIZENS MONTH" The proclamation was prsented to Joan Nicholson, Recreation Supervisor of Norman Park Center. d. PROCLAMATION DECLARING THE WEEK OF MAY 8-14, 1983 AS "COMMUNITY COLLEGE WEEK" The proclamation was presented to Jerry Griffith, Southwestern Community College District Governing Board President. Councilman Malcolm reported on SB 851 which Mr. Griffith discussed at the joint Council/School Districts meeting of May 2. The bill would bring Southwestern College up to 90% of the average being paid other junior colleges. Presently Southwestern ranks No. 70 out of 70 colleges. MSUC(Malcolm/Scott) to bring back a resolution in support of SB 851. e. PROCLAMATION DECLARING MAY 5, 1983 AS "NATIONAL DAY OF PRAYER" The proclamation was presented to Councilman Malcolm. 3. WRITTEN COMMUNICATIONS (None) PUBLIC HEARING AND RELATED RESOLUTION 4. PUBLIC HEARING CONSIDERATION TO INCREASE CERTAIN RATES FOR COX CABLE TELEVISION, SAN DIEGO (Continued from the meeting of April 12, 1983) (Director of Finance) a. RESOLUTION 11220 AMENDING RESOLUTION NO. 10532 AND APPROVING RATE INCREASES FOR COX CABLE TELEVISION, SAN DIEGO b. REPORT COX CABLE RATE INCREASE (City Manager) This being the time and place as advertised, Mayor Cox opened the public hearing. On July 17, 1981, the City Council approved Resolution 10532 increasing the basic monthly subscriber rate for residential service from $9.60 per month to $10.50 per month effective September 1, 1981. Cox Cable San Diego is requesting a 7.1% increase in the basic subscriber rate from $10.50 to $11.25 per month effective May l, 1983. In addition to this requested increase and due to a recent Federal copyright tribunal decision, the copyright fees will City Council Meeting - 3 - May 3, 1983 increase by approximately .12~ per month. In a detailed analysis of the rate increase, the Director of Finance concluded the actual results of operation would average a net profit after taxes of approximately 4.9% and a return on net assets of 3.2%. Further, with a 4.1% net profit after taxes on December 31, 1982 and a projected 4.9% over the next 12-month period the requested rate increase is justifiable. City Manager Goss referred to his written report in which he evaluated the short and long term range of the Cable franchise. He recommended that the rate increase be approved and the staff be authorized to negotiate modifications in the Cox Cable's franchise. Mr. Goss added that possible suggestions to be discussed under the negotiations would be: 1) an increase in the franchise fee from 3% of basic service to 3% of gross revenue; 2) an increase in the franchise fee from 3% of gross revenue to 5% of gross revenue under the current provisions of the FCC and the prospective provisions of the Goldwater Bill; 3) quarterly franchise fee payments for Senior Citizens discounts; 5) support by Cox Cable to provide greater encouragement for educational and community access to the Cable TV system by Chula Vista; 6) commitment to provide a state of the art system at rebuild; 7) commit to work with the City in any joint venture in promoting non-entertainment use of cable system to the benefit of the community; 8) make a commitment that channels such as "Playboy" or a service like "Escapade" be provided if purchased by the customer; 9) the concern that one of the current problems with the franchise is that the City may be motivated to grant a rate increase because it receives increased income as a result and lO) any other point that the Council may wish to offer. Mr. Goss added that withholding approval of the rate increase would not strengthen the negotiation position for desired changes in the franchise but it would tend to weaken it and encourage Cox Cable to deregulate under the State law. Councilman Scott felt that the City has been taken advantage of for a number of years and stated inequity does exist between the rates paid in San Diego and Chula Vista. Council discussion involved the Goldwater Bill; negotiations of the franchise; the initial franchise contract in 1964 which was for a 20-year term; the cable company's right to deregulate the rates; Chula Vista being treated as "second class rate subscribers" the interest of the citizen should be taken into the discussions as they are the ones that are paying this bill; Chula Vista is paying 8.8% more than San Diego and the County. Mayor Cox included, for the record, the letter received from the Commission on Aging requesting senior citizen discounts as well as free-line-drops to convalescent homes, hospitals and retirement homes where the aged are confined. City Council Meeting - 4 - May 3, 1983 Robert McRann, 5159 Federal Boulevard, San Diego 92105, General Manager of Cox Cable San Diego, stated that in September 1972, his company asked for and received a .75~ per month increase or 7.1%. Their expenses at the time were 14.6% and CPI increased to 13.2%. Mr. McRann agreed with the recommendations of the Director of Finance and the City Manager to approve the rate and to proceed with negotiations declaring his company would be very happy to discuss any changes in the agreement separate from the rate increase. In answer to Councilman Scott's query, Mr. McRann said the Cable Company does not keep separate books for Chula Vista and indicated if the rate increase was not granted, the other cities in the County would be "subsidizing" Chula Vista. Margorie Newcomb, 515 Elm Avenue, Chula Vista, stated manufacturers are now coming out with a cable ready box and questioned having to pay a fee for her cable box and its maintenance. She recommended that the box and cable subscriptions be priced separately. Mr. McRann explained that the cable ready sets do have these boxes; however, they are not constructed for scrambled channels - it can only be used for the basic TV service. Pat Porter, 418 "I" Street, Chula Vista, remarked that she doesn't care what the other communities in the County are doing or what they are paying. She urged the Council to disapprove the rate increase for Chula Vista. Mrs. Porter questioned why a resolution approving the rate increase was put on the agenda. Mayor Cox explained it was a routine matter to place the resolution on the agenda, and the Council has the prerogative whether or not to approve the resolution. There being no further comments, either for or against, the public hearing was declared closed. Councilman Moore commented on the company's right to deregulate which would change the fee and the citizens of Chula Vista would be paying a much higher rate. He noted that the cable service was one in which the people choose subscription - it is not mandatory. Councilwoman McCandliss agreed that the City should not go along with the other cities and the County; however, at this time, she felt that the increase was not entirely justified. She could not buy into the fact that not increasing the rates at this time would have some negative effect on the negotiations. Councilman Malcolm agreed with Councilman Scott's concerns regarding the fairness factor noting Cox Cable's willingness to negotiate and the Council should live up to the agreement made by a previous Council ten years ago. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved by the following vote: AYES: Malcolm, Cox, Moore Noes McCandliss, Scott Absent: None City Council Meeting - 5 - May 3, 1983 In answer to the Council's questions, Director of Finance Grant explained how his staff completed the audit of the Cable TV Company's books which took approximately 40 hours. MS (Cox/Malcolm) to accept the staff recommendation and authorize staff to negotiate modifications of Cox Cable's franchise with the City. A general discussion followed regarding the nine points submitted by the City Manager. Councilman Scott suggested a workshop be held to discuss these points in detail. SUBSTITUTE MOTION: MSUC (Malcolm/Moore) to set this matter for a Council Conference. 5. ORAL COMMUNICATIONS a. Pat Barajas, 375 "J" Street, Chula Vista, said he owns property at 590 Arizona Street and every time it rains, he gets a big hole in the back yard. In a recent rain, he lost his watchdog and the dog was found a week later in someone else's yard. He questioned the progress of the Army Corps of Engineers in completing the drainage channel. Mayor Cox explained the Los Angeles office of the Corps would be issuing a statement at the end of this month on the EIR of the Sweetwater Flood Control Project. Since it is under 4 million dollars, the funding for the project may come fairly soon. Mayor Cox suggested that Mr. Barajas meet with the City Engineer to discuss his problem. b. Bess Pocklington, 666 Glover Place, Chula Vista, thanked the Council for their concern and support in dealing with the San Diego Gas and Electric pollution and noise problem. Mayor Cox announced that at 5:15 p.m. tommorow SDG&E will have a demonstration on a steam release at their location at Bay Boulevard and "J" Street to which the public is invited. c. Bob Maxwell, 473 Berland Way, Chula Vista, complained of the landscaping along I~805 stating this has been over ten years in progress and all that is showing is weeds, crab grass and tiny plants that will take another ten years to mature. Mayor Cox remarked CalTrans is working on this project and has already spent over $600,000. Within the next 3 or 4 months, there will be a noticeable difference in the landscaping south of "L" Street. MSUC (Scott/Cox) for an interim report on the CalTrans landscaping project. City Council Meeting - 6 - May 3, 1983 RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION 11221 AUTHORIZING THE EXECUTION OF WAIVER TO THE LEASE AGREEMENT WITH IMPERIAL MUNICIPAL SERVICES GROUP, INC. FOR UTILITY EASEMENTS OF LOT 7 OF THE TOWN CENTRE FOCUS AREA (Community Development Director) On April 19 and 26, the City Council granted utility easements on Lot 7 of the Town Centre Focus Area to San Diego Gas and Electric Company, Pacific Telephone and Telegraph Company and South Bay Irrigation District. The lessor of Lot 7, Imperial Municipal Services Group, Inc. (IMSG) must also approve the subject easements. A waiver to the lease agreement entered into by the City and IMSG for the Sale of Certificates of Participation has been prepared by IMSG as a vehicle for their approval of the easements. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION 11222 ACCEPTING PUBLIC IMPROVEMENTS -STREET LIGHT CONVERSION (PHASE III) (City Engineer) On December 14, 1982, the City Council approved Resolution 11106 awarding a contract for conversion of street lights from mercury vapor to high pressure sodium vapor. The contractor, Gulf Electric Company, completed the street light conversion to the satisfaction of the City Engineer on April 5, 1983. RESOLUTION WAS OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION 11223 APPROVING THE THIRD AMENDMENT TO THE CONTRACT PLANNER'S AGREEMENT (Assistant City Manager) On November 2, 1982, the City Council approved the second amendment to the Contract Planner's agreement, which provided for Mr. Gray to continue in the capacity of Acting Director of Planning for an additional six months or until a permanent Director was appointed, whichever occurred first. The six month period expired April 30, 1983 and a permanent Planning Director has not been appointed. It is therefore necessary to extend the agreement for an additional two months, or through June 30, 1983. RESOLUTION WAS OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 7 - May 3, 1983 CONTINUED MATTERS 9. RESOLUTION 11224 ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF RIGHT OF WAY FOR THE EAST NAPLES EXTENSION FOR CHULA VISTA WOODS AND AUTHORIZING THE CITY TO OFFER THE COMPENSATION TO THE OWNER (Continued from the meeting of April 19, 1983) (City Attorney) Gardner Investment Properties has requested the City to establish just compensation for the acquisition of right of way for the East Naples extension and to offer the established amount to United Enterprises pursuant to Government Code Section 7267.2. Councilman Scott stated he is abstaining from discussion and voting on this matter due to a possible conflict of interest. Councilman Scott left the Dais at this time. City Attorney Lindberg reported that the matter was continued from the meeting of April 19 so the two parties could get together and look over the proposed acquisition of right-of-way. That meeting has taken place and it is now ready for Council action. Mr. Tom Davies, attorney for Gardner Investment Properties, 2550 Fifth Avenue, San Diego, stated that the meeting was held. He met with Mr. Patek, his engineer and an appraiser and they did go over the property. He is ready to answer the Council's questions. Mr. Cliff Roland, 1100 Industrial Boulevard, Chula Vista, urged Council support since the property will be constructed with the mobile home project which is badly needed in the City. Mayor Cox remarked the public hearing tonight was not a land use matter. Mr. Michael Spata, Attorney for United Enterprises, 1007 Fifth Avenue, San Diego, confirmed the meeting did take place, between representatives of United Enterprises and Gardner Investment Properties. The appraiser, Thomas Roberts, was not present; however, his assistant was. Mr. Spata stated Council action at this time was premature since: 1) upon their engineering analysis, there appears to be serious engineering defects in the alignment; 2) there is no guarantee that the alignment under consideration this evening will be approved; 3) no project on file at this time; 4) there are probably an inadequate evaluation determined by the appraiser, and there is probably substantial severance damages which will be suffered by United Enterprises; 5) presented the Council with a complete documented history of the background of this subject matter; 6) the developer purchased the property with full knowledge of the problem. City Attorney Lindberg stated that the sole issue this evening was whether or not to approve the full use of this appraisal as a basis for negotiations. The subject matter in which Mr. Spata is commenting is one that should be discussed at a public hearing where due process would be served. City Council Meeting - 8 - May 3, 1983 RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Mr. Spata asked that Mr. Longley-Cook the Engineer, be allowed to speak and give his report. Mr. Longley-Cook stated he was retained as the engineer for United Enterprises for this project but could offer no information pertaining to the resolution before the Council this evening. Mayor Cox ruled that Mr. Longley-Cook's comments would be more appropriate at the public hearing stage. The resolution carried unanimously with Councilman Scott abstaining. A recess was called at 9:00 p.m. and the meeting reconvened at 9:10 p.m. Councilman Malcolm did not return to the meeting. lO. RESOLUTION APPROVING ENCROACHMENT PERMIT NO. PE 006 AT 315 SURREY DRIVE (Continued from the meeting of April 26, 1983) (City Engineer) Mr. Stephen Taylor requested permission to encroach into the City's Open Space Lot No. 115 in Rancho Robinhood Subdivision. He proposes to construct a 4-foot high retaining wall, build a storage shed, and maintain an existing 4-foot high chain link fence within City open space. The recommendation is that the Council approve the subject encroachment permit. City Engineer Lippitt submitted slides of the property in question. Councilman Scott noted the property was level and questioned why an encroachment permit rather than have the property owner buy this parcel from the District. City Attorney Lindberg stated there would be no difficulty in reestablishing the boundaries of the District if that action was pursued. MSUC (Scott/Cox) to hold this over once more and see about the advisability of a fee simple instead of an encroachment. ll. REPORT OF THE CITY MANAGER (None) REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 12. REPORT REQUEST FOR AUTHORIZATION TO CONNECT 128 NORTH SECOND AVENUE TO SEWER - NEIL BONNER (City Engineer) Written request by Neil W. Bonner to be permitted to connect his property within unincorporated territory (128 North Second Avenue) to City sewer facilities in North Second Avenue was received by City Council at its meeting of April 12, 1983. The City Engineer's recommendation is approval subject to a number of conditions. MSUC (Scott/McCandliss) to accept the staff recommendation. City Council Meeting - 9 - May 3, 1983 MSUC (Scott/Cox) for a resolution to be brought back for adoption of the policy as recommended by staff (allowing sewer service to be extended to properties which are not contiguous to the City boundary or which are not currently subject to annexation proceedings.) 13. REPORT LOCAL GOVERNMENT INFORMATION NETWORK AND SIMILAR SERVICES (Management Services Director) At its March 10, 1983 meeting, the City Council directed staff to investigate the Local Government Information Network (LOGIN) and provide a recommendation on whether the City should participate in the network. Management Services Director Thomson reported this service and several related services have been evaluated for possible inclusion in the FY 1983-84 budget. Based on this review, a City membership in Public Technology, Inc. (PTI) is considered to be more cost effective than membership in LOGIN. Councilman Moore noted that Chula Vista belongs to SANDAG for which it pays $15,200 per year and questioned whether there would be any duplication of services. MSUC (Moore/Scott) to schedule this matter for a Council Conference and to get a status report on what SANDAG is doing for Chula Vista. 14. REPORT TELEGRAPH CANYON DRAINAGE CHANNEL AT ST. JOHN'S EPISCOPAL CHURCH AND PARISH DAY SCHOOL (760 First Avenue) (City Engineer) At the meeting of March 22, 1983, Council accepted a letter from St. John's Episcopal Church and Parish Day School notifyin9 the City of an existing hazard at 760 First Avenue. The hazard is caused by an existing unimproved open drainage channel traversing said property. The City Engineer investigated the nature, extent and responsibility for this hazard and evaluated possible solutions to the problem. His recommendation is that City Council direct: 1. The Public Works Operations Director to: a. Install 6-foot high chain link fencing along the First avenue and Country Club Drive rights-of-way adjacent to the Telegraph Canyon Channel (about 280 linear feet at an estimated cost of about $2,000). b. Obtain permission from the St. John's Episcopal Church to place (on available basis) broken concrete sidewalk material to protect the channel slope. 2. The City Engineer to inform the benefiting property owners of the possibility of forming a drainage assessment district to build full drainage improvements with City participation. 3. The City Engineer to return with a resolution appropriating funds for the construction of the fence by City forces. City Council Meeting - lO - May 3, 1983 MSUC (Scott/Moore) to accept the staffs recommendations. Councilman Moore refered to the memo received from the Assistant City Attorney on the subject of City wide drainage. 15. MAYOR'S REPORT a. Mayor Cox reiterated that the public is invited to a meeting with the San Diego Gas and Electric tomorrow at 5:15 p.m. to hear the noise made during a steam release. The location is Bay Boulevard and "J" Street. b. Mayor Cox reported the County Board of Supervisors allocated 2.1 million dollars of LTF funds for the "E" Street Trolley Station. c. Mayor Cox announced the Compulsory and Binding Arbitration Bill was voted down today by the State Committee by a vote of 9-4. MSUC (Scott/Moore) to send an appropriate letter to each of the members of the Committee expressing Council's appreciation to those who voted for it. 16. COUNCIL COMMENTS a. Councilman Scott noted the letter received from the City of Poway in which they stated that the Cities of Chula Vista, E1 Cajon, and San Diego directed their staffs to include the program of the Astrea helicopter in their 1983-84 proposed budget. Councilman Scott commented Chula Vista did not do this and a letter should be sent to the City of Poway clarifying this issue. MSUC (Scott/Cox) for a letter to be sent to Poway explaining the action of the City Council. b. Councilman Scott discussed Assembly Bill 1016 introduced by Assemblywoman Killea. The language of the proposed bill refers to a special provision made for a local agency formation commission in the County of Santa Clara. This particular bill would make the same exception for San Diego County by providing that one of the two City representatives on the Commission be a member of the legislative body of the largest city in the County appointed by the Council. MSUC (Scott/Cox) for a report from the Legislative Committee informing where this bill is now and whether or not the Council should support it. City Attorney Lindberg requested a Closed Session for pending litigation. MSUC (Cox/Moore) for a Closed Session for pending litigation. The Council recessed to Closed Session at 9:30 p.m. The Clerk was excused and the Mayor reported that the meeting adjourned at 10:05 p.m. ADJOURNMENT at 10:05 p.m. to the meeting of Tuesday, May lO, 1983 at 7:00 p.m. WPG:0290C