HomeMy WebLinkAboutcc min 1983/04/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday April 12, 1983 Council Chamber
7:00 p.m. Public Service Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott,
Malcolm and Moore
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 5, 1983
MSUC (Scott/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
a. Claims Against the City: Felix Sepulveda,
969 Orchid Way
San Diego, CA 92154
The claim was filed in the amount of $10,000. The claimant alleges that a
Chula Vista Police Officer attacked and used unreasonable force in arresting
him on November 12, 1982 in Memorial Park. Due to the questionable liability
to the City, Carl Warren & Co. and the risk management staff recommended
rejection of the claim.
Malvina Abbott
601 Telegraph Canyon Road, Apt. 299
Chula Vista, CA 92010
The claim was filed for damages incurred as a result of a sewer backup at the
Telegraph Canyon Road Villas in the amount of $5,000. In investigating this
claim, it was determined that the apartment development is served by private
sewer lines that were installed by the owner, Huffman Mana9ement, and have not
been accepted into the public sewer system. Due to the failure of the owner
to construct his system in accordance with Uniform Plumbing Code requirements
which resulted in the alleged damage, Warren & Co. and staff recommended
denial of this claim.
MSUC(Moore/Malcolm) to deny the claims.
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City Council Meeting - 2 - April 12, 1983
b. Request for reappointment to Design Review Board - Pat Crowley
Patrick Crowley's term has expired on the Design Review Committee and he
requested reappointment.
MSUC (Scott/Malcolm) to reappoint Pat Crowley to the Design Review Board.
c. Correspondence and transcript of 3/22/83 presentation - Frank E. Ferreira
Mayor Cox noted that this matter has already been referred to the District
Attorney.
MSC(Cox/Malcolm) to file this correspondence. Councilman Scott abstained.
d. Request to connect to Chula Vista water system in street adjacent to
property at 128 W. Second Avenue - Neil Bonner
Mr. Bonner stated that his residence is served by a septic system which is not
functioning properly. The County will not authorize installation of a new
septic system and the Health Department has issued him a notice to correct the
problem within five days.
MSUC(McCandliss/Scott) to refer to staff.
e. Letter regarding ownership, possession and use of firearms including
handguns - Dr. Dale Lemly
Dr. Lemly requested Council adoption of a resolution declaring the right of
every adult citizen to keep and bear arms and further, encouraging the
possession of firearms as a Council policy.
MSUC (McCandliss/Cox) to file this request.
PUBLIC HEARING AND RELATED RESOLUTIONS
4. PUBLIC HEARING CONSIDERATION TO INCREASE CERTAIN RATES FOR COX CABLE
TELEVISION, SAN DIEGO (Director of Finance)
RESOLUTION AMENDING RESOLUTION 10532 APPROVING INCREASE IN RATES
FOR COX CABLE TV
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Finance Grant explained that 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 l, 1981. Cox Cable San Diego is now requesting a 7.1% increase in
the basic subscriber rate from $10.50 to $11.25 per month effective May 1,
1983. In addition to this requested increase and due to a recent Federal
copyright tribunal decision, the cop~vright fees will increase by approximately
.12~ per month.
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City Council Meeting - 3 - April 12, 1983
Staff analysis reveals that 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%, with a 4.1% net profit after taxes on December 31, 1982 and a projected
4.9% over the next 12-month period. Mr. Grant declared the requested rate
increase was justifiable and recommended approval.
Council discussion followed with staff responding to questions pertaining to:
(1) the financial statements submitted by Cox Cable; (2) the lack of financial
data regarding pay service TV; (3) Federal government regulations covering
franchise fees; (4) information based on the basic rate expenditures vs. that
of revenues; (5) Cox Cable TV not being an exclusive franchise with the City;
(6) the City of San Diego's policy of not regulating rates for Cable TV; (7)
the City Manager's suggestion to renegotiate parts of the franchise; (8)
explanation of why the City needs control of the franchise in order to see
that the citizens are receiving proper services in TV; (9) what other cities
are doing concerning these rates; (10) deregulation of rates.
Pat Porter, 418 I Street, Chula Vista complained of the "lousy programing" and
said better service should be provided, plus the fact, most of the time the
Cable TV is out of commission.
Mr. Don Channel, representing Cox Cable TV answered the Council's questions
pertaining to the various rates for the different services: the basic service
and the five pay services. He explained how the rates were prorated when a
technican comes in to install the different services requested by the
customer. Mr. Channel confirmed that people do not have to bring their boxes
to the service center to have them decoded; if they call, a serviceman will
come to their homes and do this without charge. Councilman Moore stated it
would have been more helpful if the costs of all these services had been
broken down - such as vehicle uses, purchasing supplies, administrative travel
and insurance.
Mr. Clay Qudacodle, 827 Woodlawn Avenue and Bess Pocklington, 656 Glover
Avenue spoke in opposition to the rate increase stating they do not believe it
should be a monopoly, and the citizens would be better off if the television
service was put on the marketplace.
There being no further comments, either for or against, the hearing was
declared closed.
In answer to Council's questions, City Manager Goss explained the State law
regarding deregulation and the impact it would have on the City. He added the
franchise fee is set by the FCC with a maximum of 3%. It can be brought up to
5%, if the City can show it is being used for access onto the cable system.
City Manager Goss further explained how another television company could come
in and service the City, noting it would be quite costly and he does not
forsee that happening. There is, however, a likelihood that areas such as
Eastlake or Gersten's development could provide their own cable services.
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City Council Meeting - 4 - April 12, 1983
City Attorney Lindberg stated although Chula Vista does not have an exclusive
franchise, once a service is provided for an area, it is quite difficult for a
new company to break into that area. He added San Diego has several companies
working in various areas throughout the City.
Responding to Council's query, Mr. Channel stated that Chula Vista now has
100% coverage for Cable TV. The only districts not serviced would be some
businesses and those residential areas on the perimeter of the City.
Councilman Scott expressed his concern regarding the citizens not getting a
"fair shake" in the franchise agreement, adding there is a lot of money being
made in Cable TV today, of which the City has no part (for pay services).
Councilman Scott urged the Council not to increase the rates, noting the
inflation rate has gone down recently. He declared the rate should not be
increased until the City gets a better franchise, one with stronger language
suggesting the City go to the bargaining table with the Cable TV company and
get an agreement that is more up to date, as the present one is 20-years old.
Further Council comments regarded the percent of return that would be realized
by the Cable TV company; the City cannot legally tie the rate regulation to
the amount of money Cable TV is making on pay services; the City's franchise
speaks only for the basic rates and not for the pay services; the rate would
become effective May 1, 1983; pay services are an optional choice of the
people, they can choose not to participate in the service; it has been two
years since the last rate increase.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent.
Further Council discussion ensued on the suggestion to renegotiate the
franchise with Cox Cable TV. Mayor Cox stated for the record he had no
relation to Cox Cable and has no interest in the company whatsoever.
Councilman Scott commented he has no interest either.
The motion to offer the resolution failed by the following vote:
Ayes: Malcolm, Cox
No: McCandliss, Scott, Moore
City Manager Goss responded to the Council's question regarding the amount of
time it would take to renegotiate the franchise. If the Council was looking
for a new franchise in the broad sense, it would be a minimum of two years.
If it is to be done only on the two or three items discussed this evening, it
could be done in a reasonable amount of time,
A motion was made by Councilman Scott for the staff to negotiate with Cox
Cable TV regarding including all services and other minor negotiations of the
contract and to come back to the Council with a recommendation within a period
of 90-120 days The motion died for lack of a Second.
City Council Meeting - 5 - April 12, 1983
Councilwoman McCandliss said she preferred staff to take three weeks to thirty
days to review the elements of the franchise the Council wants to negotiate.
If the long range negotiations take one year, she would agree to that period
of time.
Councilman Scott explained his approach in making the motion - he just wanted
those items that could be negotiated immediately to be done and then the
others in a longer range period of time.
MSUC(Scott/Moore) to reopen and continue the public hearing for three weeks
and at that time for the staff to report on how to proceed with the
negotiations for both the long and short range.
Mayor Cox commented he would like to see the possibility of going to a 5%
return, instead of the 3% discussed in the negotiations. Councilwoman
McCandliss questioned having the rate fixed with the City controlling the rate
and how much would be charged for each home, if the City gets the increase
from 3% to 5%.
ORAL COMMUNICATIONS
a. Anne Fabrick, 501-2 Anita Street, Chula Vista, stated April 29 will be
observed as National Nursing Homes Residence Day. She asked that a
proclamation to this effect be submitted to the Commission on Aging.
Councilman Scott noted it was the prerogative of the Mayor to issue
proclamations. The Mayor asked the City Attorney to prepare the
proclamation for his signature.
b Norman Drew, representing Bonita Vista Music Makers, stated the Music
Makers will be going abroad this summer (to the Netherlands) and are in
the process of raising funds for this trip. He requested the use of the
property on the west side of Jimmy's on The Green, along Bonita Road, to
be used for a rummage sale on May 7, from 7:00 a.m. to 5:00 p.m. at no
cost to the group.
MSUC(Scott/Malcolm) approval of the request subject to any staff conditions.
c. Kathleen Mace, YMCA presented the Mayor with two coffee mugs and a
miniature travel clock for his work during the YMCA Fund Drive.
d. Pat Porter, 418 "I" Street, Chula Vista, complained of citizen
participation in the public hearing process, stating citizens are allowed
to come only once to the podium, whereas the proponents are called upon
many times. Mayor Cox explained that the proponents are called to the
microphone at the direction of the City Council when they have questions
to be answered. City Attorney Lindberg added citizens have the right for
rebuttal and can come to the podium more than once, if they so request.
City Council Meeting - 6 - April 12, 1983
CONSENT CALENDAR
All matters listed under consent calendar are considered to be routine by
the Council and will all be enacted by one motion in the form listed
below. There will be no separate discussion of said items unless good
cause is shown prior to the time the Council votes on the motion to adopt.
MSUC (Moore/Malccolm) to approve and adopt the Consent Calendar.
6. ORDINANCE 2033 AMENDING SECTION 10.52.100 OF THE MUNICIPAL CODE
RELATING TO THE REMOVAL OF VEHICLES PARKED FOR MORE
THAN 72 HOURS - FIRST READING (City Attorney)
The Municipal Code Section 10.52.100 presently makes it unlawful to park a
vehicle for more than 72 consecutive hours, but it does not clearly authorize
the removal of the vehicle, as is presently authorized by Section 10.80.120 of
the Municipal Code. Vehicle Code Section 22651(k) states a vehicle may be
impounded from the street, if parked on the street for more than 72
consecutive hours in violation of the local ordinance authorizing removal.
This amendment clarifies the authority to remove vehicles in violation of this
section of the City Code, in conformance with the Vehicle Code.
7. ORDINANCE 2031 AMENDING SECTIONS 19.44.040 M AND 19.46.040 G OF THE
MUNICIPAL CODE EXPANDING THE CATEGORY OF COMMERCIAL
ACTIVITIES IN THE INDUSTRIAL ZONES SECOND READING
AND ADOPTION (Director of Planning)
The amendments to the text of the zoning regulations permit retail stores and
shops within the I and I-L Zones, provided: (1) such uses were related to and
supportive of existing, onsite retail distribution centers or manufacturers'
outlets, and (2) a conditional use permit was obtained in each case. The
ordinance was placed on first reading at the meeting of April 5, 1983.
8. ORDINANCE 2032 IMPLEMENTING ENFORCEMENT OF SECTIONS 21107.6 AND
21107.8 CALIFORNIA VEHICLE CODE ON PRIVATELY OWNED
PARKING FACILITIES AT 690 OTAY LAKES ROAD - SECOND
READING AND ADOPTION (Director of Public Safety)
The ordinance authorizes the Police Department to enforce the California
Vehicle Code at the shopping area at 690 Otay Lakes Road. The ordinance had
its first reading at the meeting of April 5, 1983.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION 11202 OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER PUBLIC
LAW 93-288 (Director of Parks & Recreations)
During the month of March, the Chula Vista Municipal Golf Course sustained
extensive damage to its facilities. On March 28, 1983, a meeting with the
Federal Emergency Management Agency was held, directing the City of Chula
City Council Meeting - 7 - April 12, 1983
Vista to apply for Federal Assistance to rebuild/repair the damage to the Golf
Course. Preliminary paper work, such as the intent to file and a list of
damaged property and facilities, has been sent to the Southern California
Office in Los Angeles. By Resolution, the City must designate an agent to
provide to the State and to the Federal Emergency Management Agency for all
matters pertaining to this request for Disaster Assistance. For
administrative purposes, the City Manager will be the designated agent.
City Engineer Lippitt, in answer to Councilman Moore's question, discussed the
work done after the last flood damage to the Golf Course and on Telegraph
Canyon Road. Director of Parks and Recreation Pfister said he was informed by
the Federal people that the City would be eligible to receive disaster funds.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
10. REPORT OF THE CITY MANAGER (None)
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
11. REPORT SCOOT BUS PURCHASE (City Engineer)
The Transit staff prepared a report concerning the proposal to purchase buses
by SCOOT to be used in Chula Vista Transit (CVT) operation. Council requested
that this report be completed prior to consideration of the FY 1983-84 SCOOT
budget. It is their recommendation that the City Council direct them to begin
the necessary procedures for the SCOOT to purchase new, 30-foot buses for CVT
operation. The proposed bus procurement would be funded by Transportation
Development Act (TDA) and State Transit Assistance (STA) funds. It would
involve no City of Chula Vista funding support.
City Manager Goss recommended the matter be set for a Council Conference or
deferred until budget session.
MS(Scott/Malcolm) to hold this over until budget time and discuss it at that
time.
In response to Councilman Moore's questions, Transit Coordinator Gustafson
explained the impact the potential RFP's would have on the City; in the last
ten or twelve years, there has been only one responsive bidder; the contract
operator is required to provide his own equipment; the City's term is for one
year with an option to renew; the City can buy their own newer equipment or
specify in the RFP's anyone bidding for the contract should have equipment
that is no older than 5-10 years; if the City owns its own vehicles, it would
encourage more bids; the funds are provided from State funds which come from
sales tax and not from Federal funds.
The motion to hold this over until budget time carried unanimously.
City Council Meeting - 8 - April 12, 1983
12. REPORT AGREEMENT BETWEEN THE SOUTH COAST ORGANIZATION
OPERATING TRANSIT (SCOOT) AND AZTEC BUS LINES TO
PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA
VISTA FOR 12 MONTHS, COMMENCING JULY 1, 1983 (City
Engineer)
The current agreement between SCOOT and Aztec Bus Lines to operate Chula Vista
Transit (CVT) terminates on June 30, 1983. The current agreement contains an
option to renew the agreement based on a negotiation process until June 30,
1984. The staff recommended approval of the agreement with Aztec Bus Lines
for FY 1983/84.
MSUC(McCandliss/Malcolm) to approve the staff's recommendation.
13. REPORT SCHOOL SAFETY PATROL SUMMER CAMP
In a written report to Council, Director of Public Safety Winters explained
that since the advent of Proposition 13, several cutbacks in the recreation
portion of the School Safety Patrol Program have taken place trips to
Knott's Berry Farm and the Miramar Air Base have been eliminated. During the
1982 budget discussions, consideration was given to cancelling the summer camp
at Palomar Mountain; however, because detailed plans had already been made for
the Palomar Camp, a decision was made to proceed with the camp. The camp is
always held early in July.
Director Winters reported on two Council options: (1) to replace the camp with
a series of one day trips to various recreational activities; and (2) to
switch from the Palomar Camp to the YMCA Camp Marston. This is a 2-1/2 day
camp as opposed to a week at Palomar.
It was his recommendation for the City to continue with the Palomar Camp for
fiscal year 1983-84 and switch to Camp Marston for fiscal year 1984-85.
Council discussion involved the funds provided for this year's camp program;
next year's funds, and the time element involved.
MS(Cox/Malcolm) to accept the report and for the staff to bring back a
solution to appropriate funds for this year (which will take a 4/5 vote) for
the Palomar Camp coming up in July.
Further Council discussion involved changing the program from Palomar Camp to
Camp Marston. Mayor Cox withdrew his motion. Councilman Malcolm agreed to
withdraw the second.
MSUC(Cox/Scott) to direct staff to bring back a resolution appropriating the
funds for School Safety Patrol summer camp at Camp Palomar for July 1983.
City Manager Goss indicated the document can be prepared in a manner which
will encumber that money and further action should be to continue the
deliberations for the 1984-85 program at budget time. Mayor Cox said he would
include that as part of his motion. Councilman Scott agreed to the second.
City Council Meeting - 9 - April 12, 1983
14. MAYOR'S REPORT
a. MSUC(Cox/Scott) for a Closed Session for personnel matters at the
conclusion of the business meeting.
b. Mayor Cox announced Councilwoman McCandliss' reappointment to the Health
Agencies Governing Board.
c. Mayor Cox discussed the sale of capacity rights to the Spring Valley
Sanitation District, stating he and the City Manager looked at the Aqua
Culture Water Treatment Plant near the stadium. San Diego is now in the
process of expanding that project. Mayor Cox referred to the well water
being used to irrigate the Chula Vista Golf Course, for Rohr Park and
the Sweetwater Regional Park and suggested perhaps the City could look
into a water treatment process for this water usage.
MSUC (Cox/Scott) for staff to report back regarding the progress being made
with the sale of capacity rights to the Spring Valley Sanitation District and
to look into the possibility of whether there would be a cost-benefit ratio in
trying to implement some type of water treatment facility in conjunction with
the operation of the Golf Course, Rohr Park and the Sweetwater Regional Park.
d. MSUC(Cox/Scott) for staff to prepare a letter for the Mayor's signature,
commending the Chamber of Commerce on the International Friendship
Marathon run last week.
e. Mayor Cox announced that the San Diego Land Use Planning Committee
approved a resolution supporting the extension of Route 54 and the I-5
widening.
15. COUNCIL COMMENTS
a. Councilwoman McCandliss noted fewer people registered for the
International Friendship Marathon this year.
b. Councilman Malcolm discussed the RV vehicles coming into the "J" Street
Marina to park overnight in preparation for the boat races the next day
and the Unified Port District is allowing them to park there free of
charge.
MS (Malcolm/Cox) to write a letter to the Port District expressing the
Council's displeasure with their recent decision.
Director of Public Safety Winters explained that this group has come into the
City for a number of years and have always stayed at the "J" Street Marina in
order to guard their boats. If not allowed to spend the night there, they
would have to attach the boats to their RV's and go elsewhere and bring the
boats back the next day. Mr. Winters said he was confused because he got a
letter from the Port District stating these people have to park in the new RV
Park and pay for their overnight stay.
City Council Meeting - 10 - April 12, 1983
SUBSTITUTE MOTION
Cox/Malcolm) to refer this matter to staff to report back to the City
Council.
c. Councilman Malcolm reported on the Legislative Committee's recommendation
to oppose SB 778 and for a letter to be written to the State Senators
voicing this opposition.
MSUC (Cox/Scott) to oppose SB 778 (Compulsory and Binding Arbitration)
d. Councilman Moore discussed the recent criminal assault of a 79-year old
woman in her home and felt the City should follow up on these particular
crime victims.
MS (Moore/Scott) for the City Manager to initiate a liaison with the victim
and how the City can aid in installing one or two dead bolt type of locks, if
the victim is alone and has no one to assist her.
Councilman Scott felt what was needed was a Council policy on these matters.
Councilwoman McCandliss referred to the Senior Citizen's Information and
Referral Service where the Social Services Coordinator could assist in this
program.
SUBSTITUTE MOTION
MSUC (Scott/Moore) for staff to bring back a report on a possible follow up on
these crime victims, especially the Senior Citizens, and come back to the City
Council with a policy that can be implemented.
The Council recessed to Closed Session at 9:20 p.m. The meeting reconvened at
9:45 p.m.
ADJOURNMENT AT 9:45 p.m. to the meeting scheduled for Tuesday, April 19, 1983
at 7:00 p.m.
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