HomeMy WebLinkAboutcc min 1983/06/07STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF S~q DIEGO ) ss OF ADJOU~N~-~NT OF ~ETI~G
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the regular meeting of the Council of the City of
Chula Vista was held Tuesday, June 7, ]983
and said meeting was adjoHrned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on June 8, ]983 at the hour of 9:30 a.m.
I posted a copy of said order at a conspicuous place on or near
the door o~ the place at which said me~ting of June 7, ]983
was held.
/
Subscribed and sworn to before me this
day of
19
~otary Public in and for said County
and State of California
MINUTES OF AN ADJOURNED P~GULAR FLEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held June 7, ]983
The City Council met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: Mayor Cox, C0uncilmembers McCandliss, Scott, Malcolm, Moore
Councilmen absent: None
ADJOUi~NMENT
The Mayor adjourned the meeting at 9:55 p.m. until Wednesday,
June 8, ]983 at 5:00 p.m. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista~ DO
HEP~EBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of June 7, ]983
of Chula ViSta, Calif~r~PJ<
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, June 7, 1983 Council Chamber
7:00 p.m. Public Services 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 MEETINGS OF MAY 24, 26, and 31, 1983
MSUC (Scott/Cox) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. Presentation by SANDAG on Preliminary Series 6 Regional Growth Forecasts
(Director of Planning)
The SANDAG presentation is designed to familiarize Council with the
forecasting process, and to briefly review the preliminary figures at the
regional, subregional and local levels. Following a detailed review and
evaluation by local staff, the final Series 6 Forecasts will be presented to
Council for adoption sometime in the Fall.
Mr. Rick Alexander representing SANDAG presented slides in which he discussed
the background of the Series Regional Growth Forecast noting that Council
adopted Series No. 5 in the Fall of 1980. He discussed how the Series came
about; the accuracy of the CPO SANDAG Regional Growth Forecast; how these
forecasts are used; the forecast for local planning uses; and the Series 6
Regional Growth totals. Mr. Alexander noted the population increase: in 1970
the population was 1.4 million which is projected to 2.7 million by the end of
the century. He discussed the land use and transportation inputs; housing
units forecast; civilian employment forecast; the decline projected in the
family size. For Chula Vista and the South Bay area the forecast in
population is projected from the 83,900 in 1980 to 116,500 to the year 2000.
(General Planning area). Mr. Alexander concluded there will be a 53% increase
in people population; a 64% increase in dwelling units; and a 32% increase in
employment by the year 2000.
City Council Meeting - 2 - June 7, 1983
3. WRITTEN COMMUNICATIONS
a. Request to appoint a City Councilperson and an appropriate staff
person to serve as the City's representative to the Master Plan Committee
(GLC Associates)
MS C (McCandliss/Cox) to appoint the Planning Director or his designee to
represent the staff on this committee and to appoint Councilman Scott to
represent the City Council. The motion carried with Councilman Scott
abstaining.
PUBLIC HEARINGS AND RELATED RESOLUTIONS
4. PUBLIC HEARING TOWN CENTRE NO. I STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT 1983-84 (City Engineer)
a. RESOLUTION 11265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY
ENGINEER DATED APRIL 19, 1983 PREPARED PURSUANT TO
RESOLUTION NO. 11207 APPROVED PURSUANT TO RESOLUTION
NO. 11243 OF SAID COUNCIL, AND THE PLANS,
SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT
CONTAINED IN SAID REPORT; ORDERING CERTAIN STREET
LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED
AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING
SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY l,
1983; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR
JULY 1, 1983 THROUGH JUNE 30, 1984. CITY OF CHULA
VISTA TOWN CENTRE NO. I STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1983-1984.
This being the time and place advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt explained that this is the fourth year of the District.
It will complete the landscaping project in the public rights of way in this
area. The Town Centre I Street Lighting and Landscaping Maintenance District
was formed in 1980 after improvements were made along Third Avenue between "E"
and "F" Streets. Since that time, the improvements have been extended south
to "G" Street. It is now time to levy assessments for the coming fiscal year
to the properties within this district. The total assessments show a 17%
increase which is due to general inflation and the projected increase in
electrical energy of the street lights. Any surplus funds will remain in the
District to be used the following year to offset costs.
City Clerk Fulasz stated that she has received no written protest to
assessments.
There being no comments, either for or against, the public hearing was
declared closed.
City Council Meeting - 3 - June 7, 1983
RESOLUTION OFFERED BY COUNCILMAN MALCOLM the reading of the text was waived by
unanimous consent, passed and approved unanimously.
In answer to the Mayor's query, City Engineer Lippitt stated there would be
no obligation on the part of the City to participate financially in the areas
under City ownership.
5. PUBLIC HEARING BAY BOULEVARD STREET LIGHTING AND LANDSCAPING AND
MAINTENANCE DISTRICT FOR 1983-84 (City Engineer)
a. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY
ENGINEER DATED APRIL 19, 1983 PREPARED PURSUANT TO
RESOLUTION NO. 11206 APPROVED PURSUANT TO RESOLUTION
NO. 11245 OF SAID COUNCIL, AND THE PLANS,
SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT
CONTAINED IN SAID REPORT; ORDERING CERTAIN STREET
LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED
AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING
SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1,
1983; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR
JULY 1, 1983 THROUGH JUNE 30, 1984. CITY OF CHULA
VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT NO. 1983-1984
This being the time and place advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt explained that the Bay Boulevard Street Lighting and
Landscape Maintenance District was formed in 1982 after street lighting and
landscaping improvements were made along Bay Boulevard between "E" and "F"
Streets. Since that time, the Bayfront Park has been completed and the
maintenance costs are included in the proposed assessments. It is now time to
levy assessments for the coming fiscal year to the properties within the
district.
Mr. Lippitt added the District was first formed last year and was completed
during this fiscal year. Two additional parcels were added to the District.
Some assessments were increased and some decreased depending on the land use
of the property.
Mr. Thomas O'Connor, Director of Finance for RISI Industries, protested his
firm's inclusion in the assessment district stating that their property which
is located on the southwest corner of F Street and Bay Boulevard would receive
no benefit from the park located on the southwest corner of F Street and Bay
Boulevard. Mr. O'Connor requested that their property not be included in the
lighting and maintenance district.
City Clerk Fulasz stated that she has received no written protests to the
assessments.
City Council Meeting - 4 - June 7, 1983
There being no further comments, either for or against, the public hearing was
declared closed.
In answer to Councilman Malcolm's query, Assessment Engineer Consultant
Pat Rosetti stated the property on the south-west corner of "F" and Bay
Boulevard will be receiving a general benefit in the District. They were not
brought into the District for the first year because their property was not
developed. The parking area referred to by Mr. O~Connor will be utilized to
some extent by the RISI Industry; therefore, they have been assessed
accordingly. A general Council discussion followed with Mr. Rosetti and the
City Engineer regarding the benefits to the properties along the Maintenance
District; "reaching" out to other properties in order to include them in the
District and lower the assessments for other properties; the benefits derived
from the parking area; the specific assessments for the other properties in
this area; and the proposal to expand the District as other properties come
in.
MSUC (Moore/Malcolm) to amend the resolution by deleting the property on the
southwest corner of F Street and Bay Boulevard from the District at this time
(RISI Industries property).
MSUC (Scott/Malcolm) to send the resolution back to the staff to be brought
back in two weeks with the new assessments.
6. ORAL COMMUNICATIONS
a. Henry Kohler, 1547-222 Sonora Drive, Chula Vista, President of the
Homeowners Association Council said he is representing over 1,O00 people
encompassing the area of Robinhood, Brandywine and C1 aymoor homes.
Mr. Kohler complained of the "garbage" coming into the Otay Land Fill;
the proposal to locate a trash-to-energy plant in this area; the
hazardous waste that is being dumped; and the new BKK plant recently
opened in that area. Mr. Kohler read a flyer that was going out to 1,O00
homes in the area asking the people to petition the Council and the Board
of Supervisors to oppose any further such developments in this area.
b. E. C. Duhamel, 229 Glover Avenue, Chula Vista expressed his concern
regarding the payment of a legal fee for a Councilmember accused of a
conflict of interest. Mr. Duhamel stated that the matter should wait
until such time as the case is resolved - if the Councilman is convicted
he should pay his own fee, and "if we pay, should the City coffers
receive past commissions received by the Councilmember."
c. Bud Pocklington, 656 Glover Avenue, Chula Vista discussed the recent
proposal to consider the Otay area for the SANDER plant. Mr. Pocklington
noted the happenings in Columbus, Ohio (Jackson Township area) where the
people and their Council got together and did not allow the construction
of a trash-to-energy plant. Mr. Pocklington asked that Council support
Assemblyman Steve Peace's efforts to prohibit the same kind of thing from
happening here.
City Council Meeting - 5 - June 7, 1983
d. Robert Ghiloni, 304 East Oneida Street, Chula Vista related an incident
that happened last week near his home where a student from the Starlight
Center accosted a 7 year old boy sexually molesting him. When his wife
went out to help the boy she was struck twice receiving bodily harm.
Mr. Ghiloni noted this school will now double in size and expressed his
concerns that they were granted a Conditional Use Permit and allowed to
operate without anyone investigating their operation, supervision
capabilities or staffing procedures. He urged Council to direct staff to
investigate the CUP's to "prove" to the Council that the school is living
up to their moral obligations to the neighborhood and community.
MSUC(Cox/Scott) to refer this to staff for a report back to Council on June 14
(Budget Session).
e. Bess Pocklington, 656 Glover Avenue, Chula Vista stated for the record
that she agrees with everything that has been previously said regarding
the SANDER project. Mrs. Pocklington said she was alarmed at the Granny
Flats ordinance being proposed for this City stating that it would
destroy the R-1 residential areas. The ordinance, as being proposed by
the Planning Director and the Assistant City Attorney is the most
liberal she has seen - it does not require the dwellings to be attached
nor off-street parking.
City Attorney Lindberg stated that the Planning Commission has continued
their public hearing on this matter and Mrs. Pocklington's comments
should be reserved until the City Council has its public hearing.
Councilman Malcolm questioned whether the ordinance will go into effect
on July 1 or 120 days after receiving the first application asking that
the Council have a complete breakdown on what it can or cannot do.
With concurrence of Council, Mayor Cox moved Item No. 15 up on the agenda for
consideration at this time.
15. REPORT TELEPHONE FEASIBILITY REPORT (Principal Administrative
Analyst Leuck)
Administrative Analyst Leuck introduced Mr. Victory stating that the full
working report is on file for Council perusal.
In her written report, Mrs. Leuck explained that on December 21, 1982, the
City Council authorized the award of contract to Victory and Associates,
telecommunications consultant, to conduct Phase I of the Telephone Feasibility
Study for the City. Victory and Associates have conducted their review and
have submitted their analysis and findings. City staff has reviewed this work
and has met with Pacific T~lephone to discuss CENTREX and other options to
the City.
The recommendation is to defer final Council action until the budget review
session of June 8, 1983. At that time: (1) authorize the City to proceed
City Council Meeting - 6 - June 7, 1983
immediately after July l, 1983, with a bid process to acquire phone services
which are more cost effective; (2) authorize staff to begin negotiating with
Victory and Associates for Phase II of the Telephone Feasibility Study and
thereby waive the Council Policy for the Selection of Consultants.
Mr. Victory summarized the feasibility study conducted for the City - the
scope of which was to see how the present system can be redone to make it more
functional and less expensive; further, to do a network design in order to
reduce the monthly calling charges. Mr. Victory indicated that calling costs
could be reduced by $8,000 a year. The present Centrex system can be
improved; however, due to the unique pricing structure of Pacific Centrex
System, there would be no effective reduction in costs. In answer to
Councilwoman McCandliss' query, Mr, Victory explained the divestiture of
Pacific Telephone and its effect on the whole market. He commented that
American Bell is now an "arm" of the Bell System which is currently selling
all kinds of telephone systems other than what the City now has. Pacific Tel
is servicing the centrex system but it will go to American Bell at the end of
the year. Mr. Victory concluded it would be advantageous for the City to put
the telephone system out to bid.
MSUC (Scott/McCandliss) to defer this item to the budget session scheduled for
tomorrow, June 8, 1983.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION 11266 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
CONSTRUCTION OF SIDEWALK RAMPS, 1982-83 PROGRAM, IN
THE FEASTER, MUELLER AND VISTA SQUARE AREAS IN THE
CITY OF CHULA VISTA, CALIFORNIA (City Engineer/City
Attorney)
On May 11, 1983, the City Engineer received sealed bids for the work which
consists of removal and construction of curbs, gutters, sidewalks, sidewalk
ramps, pavement, portions of cross gutter segments and other miscellaneous
work.
Since only $26,131.28 is available for this year's program of installing
sidewalk ramps within the Block Grant area, staff is proposing that the
contract be awarded at a reduced amount of $22,000.
The recommendation is to accept bids and award contract to G. Spikes Masonry
and Cement Contractors - San Diego, in the amount of $22,000.
Councilman Malcolm questioned the revised bid now being submitted by staff;
that only a portion of the original job will now be done (a 40% reduction)
which he felt was a significant change in the work order and that the contract
should be re-bid. In answer to Council's questions, City Engineer Lippitt
explained the bidding process, the fact that the first bidder did not have a
license nor a bond bid; and the engineer's bid estimate as compared to that
which was actually submitted.
City Council Meeting - 7 - June 7, 1983
Council discussion followed regarding the number of ramps in the City and the
Block Grant funds used for the project. Councilman Moore questioned the
priority involved stating that drainage projects should be considered also.
City Engineer Lippitt noted that the sidewalk ramps represent 2% of the Block
Grant funds.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved by the following vote:
AYES: Cox, Moore, McCandliss, Scott
Noes: Malcolm
Absent: None
8. RESOLUTION 11267 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND OTAY WATER DISTRICT RELATING TO TRANSFER OF
METROPOLITAN SEWERAGE SYSTEM CAPACITY (City Engineer)
In a 1978 report to Council, the City Engineer recommended the City reduce its
total capacity right in the Metropolitan Sewerage System by up to 5 million
gallons per day (MGD). Such recommendation was based on long range
projections of the City's probable capacity needs. The City Council in
January of 1979 authorized the City Engineer to seek purchasers for such
surplus capacity.
To date 2.7 MGD has been sold and/or committed. Thus, of the 5 MGD originally
authorized for consideration some 2.3 MGD is still available. The Otay Water
District desires to purchase 1.2 MGD. Engineering staff has conducted
negotiations with District staff and, as a result, a proposed agreement
stipulating the terms of the purchase has been prepared. That agreement is
scheduled for approval by the District Board on June 6, 1983.
J. R. Norman, 908 Mission Avenue, Chula Vista, stated he was concerned with
the figures that he has been reading in the newspaper accounts of this
action. He felt the City is selling too much of its capacity rights and it
would take them up to the maximum. He does not want the City to be placed in
the same position as the City of San Diego which experienced an increase of
rates of 460% in 8 years and must consider the construction of a new sewage
plant. Mr. Norman stated that if the funds realized are a profit to the City,
these should go back to the rate payers.
Council discussion followed regarding the present amount of capacity; the
City's contract with the Metro system which runs out in 20 years at which time
it will diminish in value; the City should sell its capacity rights prior to
that time it will lose out; the amount of the capacity rights being
transferred to the Spring Valley Sanitation District; the agreement with Metro
which has a lO year extension option; and the City Engineer's assurance that
there is enough capacity rights for the City for the next 22 years and even
beyond. In answer to Council's query, Mr. Lippitt explained the amount of
City Council Meeting - 8 - June 7, 1983
money received from the sale of capacity rights goes into a special fund. It
is used strictly for sewer replacement in the sewer systems. Mayor Cox noted
that Mr. Emerson, General Managaer of the Otay Water District was present to
answer questions.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
9. RESOLUTION 11268 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SAN DIEGO TRANSIT CORPORATION (SDTC) FOR TRANSIT
SERVICE DURING FY 1983-84 (City Engineer)
SDTC's FY 1983-84 agreement with the City of Chula Vista is to provide transit
service in Chula Vista with Routes 29 and 32. The cost of this service, which
is subject to adjustment later in the year, is estimated to be $154,262. This
cost is a 0.6% increase over the FY 1982-83 cost of $153,275 for Routes 29 and
32. The report from Transit Coordinator Gustafson discussed the option of
SCOOT providing service on Broadway Avenue from the "H" Street Trolley Station
to the Palm Avenue Trolley Station, instead of the City of Chula Vista and the
County of San Diego contracting with SDTC for Route 32 service. Although it
appears there may be marginal cost savings both to Chula Vista and to the
County if SCOOT were to operate this service, staff believes the issue of
SCOOT operating this service requires further analysis during FY 1983-84.
They believe it is in the City's best interest to contract with SDTC for Route
29 and 32 service for FY 1983-84.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
lO. ORDINANCE 2036 AMENDING SECTIONS 19.14.582 AND 19,14.583, REPEALING
SECTION 19.14.585 OF CHAPTER 19.14 OF THE CHULA VISTA
MUNICIPAL CODE TO PROVIDE FOR CONSOLIDATION OF THE
DESIGN REVIEW COMMITTEE AND THE DESIGN REVIEW BOARD
AND APPOINTMENT OF A NEW MEMBER - FIRST READING
(Director of Planning)
The City Council recently instructed Planning staff to study the feasibility
of consolidating the Town Centre Design Review Board (DRB) with the Chula
Vista Design Review Committee (DRC) and to submit a plan for this
consolidation. The Planning Department has completed the feasibility study
and in conjunction with the Community Development Department, prepared the
requested plan.
The recommendation is that Council: (a) amend the Zoning Ordinance as
recommended by staff; (b) appoint Mr. Pat Judd as the sixth member of the
Design Review Committee.
MSUC (Scott/McCandliss) to place the ordinance on first reading. The readinq
of the text was waived by unanimous consent, passed and approved unanimously.
(City Manager Goss corrected a statement in the report stating that Chula
Vista is not confronted by declining revenues).
City Council Meeting ~ 9 - June 7, 1983
ll. ORDINANCE 2037 AMENDING SECTION 5. 38.020F OF THE MUNICIPAL CODE
RELATING TO SECONDHAND DEALERS FIRST READING
(Assistant City Attorney)
In his written report to Council, City Attorney Lindberg explained that
Chapter 5.38, in addition to requiring a secondhand dealers license, includes
a number of reporting requirements. For example, a secondhand dealer must
report each transaction engaged in within twenty-four hours to the Chief of
Police. The purpose for the extensive regulations is to make it difficult to
"fence" stolen goods. The Municipal Code is overly broad when it includes
this business within its restrictions. In recent years, there has been a
growth in the number of businesses selling secondhand clothing and the
proposed amendment would allow these stores to locate in Chula Vista without
falling under the extensive regulations covering secondhand dealers.
Councilman Scott questioned the number of garage sales being conducted in the
City noting that at least 10 or 12 of them are being conducted on a permanent
basis.
MSUC(Scott/McCandliss) for staff to report on what the enforcement procedures
are for garage sales in the City and to see if there are any recommendations
for changes.
Councilwoman McCandliss asked that the number of Sears parking lot sales be
checked also and included in this report.
MS C(Scott/Moore) to place the ordinance on first reading, the reading of the
text was waived by unanimous consent, passed and approved by the following
vote:
AYES: Scott, Moore, McCandliss, Scott
Noes: Malcolm
Absent: None
CONTINUED MATTERS AND SECOND READINGS OF ORDINANCES
12 ORDINANCE 2035 ESTABLISHING THE PUBLIC INFORMATION SPECIALIST AS AN
UNCLASSIFIED POSITION - SECOND READING AND ADOPTION
(Director of Management Services)
At the meeting of May 26, 1983, Council adopted a resolution authorizing the
establishment of a Public Information Division with a full-time Public
Information Specialist and appropriating $1,400 from the unappropriated
reserve of the General Fund to operate the Public Information Division in June
1983. The ordinance which was placed on its first reading, establishes the
Public Information Specialist as an unclassified position.
City Council Meeting - lO - June 7, 1983
Mayor Cox expressed his concern that the title of the position should be
changed perhaps to "Public Information Officer". City Manager Goss
indicated if the title was changed from "Specialist" to "Officer", it would
mean a $10,000 increase in salary. Mr. Goss suggested the title
"Coordinator".
MSUC(Scott/Moore) to change the title from Public Information Specialist to
Public Information Coordinator.
MSUC (Moore/McCandliss) to place the ordinance on second reading and adoption,
the reading of the text was waived by unanimous consent passed and approved
unanimously.
13. REPORT OF THE CITY MANAGER
MSUC(Cox/Scott) for a Closed Session at the close of the agenda to discuss
personnel negotiations.
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
14. REPORT THIRD AMENDMENT TO AGREEMENT BETWEEN THE SAN DIEGO
TRANSIT CORPORATION (SDTC) AND THE SOUTH COAST
ORGANIZATION OPERATING TRANSIT (SCOOT) FOR UNIFIED
TELEPHONE INFORMATION SYSTEM (City Engineer)
On July 29, 1980, SCOOT Board entered into an agreement with SDTC for
telephone information service. This service provides Chula Vista Transit
riders information on CVT and on other fixed-route systems in San Diego
County. This amendment continues this service for FY 1983-84 at an estimated
cost of $12,380, a 4% decrease from the current cost of $12,896. This reduced
cost is due to a decrease in the total SDTC telephone information cost for FY
1983-84.
MSUC(McCandliss/Cox) to accept the staff report.
15. REPORT TELEPHONE FEASIBILITY REPORT (Principal
Administrative Analyst Leuck)
See page 5 of minutes.
16. REPORT SIDEWALK CAFE LIABILITY INSURANCE AND RENTAL CHARGE
(Community Development Director)
At the May 10 meeting, the City Council adopted a resolution approving a lease
agreement with the proprietors of the Munchner Kind'l Restaurant for the
operation of a sidewalk cafe. The lease provided: (1) that the City be an
additional insured on a $1 million liability insurance policy, and (2) a
rental fee of $2 per square foot be charged annually for use of the
publicly-owned property. Council members requested staff to further research
the insurance and rental fee provision and report back on their findings.
City Council Meeting - ll ~ June 7, 1983
Staff recommendation is that Council require that sidewalk cafe owners provide
a $1 million liability insurance policy with the City named as an additional
insured and continue the current $2,00 per square foot annual fee for sidewalk
cafes~to be reviewed annually.
MS (Scott/Cox) to accept the report.
Councilman Malcolm referred to the new legislative bill on Joint Several
Liability noting that if the City had a 2% interest and there was a 2 million
dollar liability suit, the City would have to pay the claim i,f the person who
created the damage could not pay. Councilman Malcolm remarked the insurance
should be increased from 1 million to 2 million dollars.
Councilman Scott indicated the Joint Several Liability Bill in all probability
would not pass the legislation this year and the City should not be making
their decisions based on pending laws. Councilman Scott added that he has
conferred with the City Attorney on this matter since they are talking about
insurance and wishes to state that he has no conflict of interest in this
matter and will continue to take part in the voting.
The motion carried with Councilman Malcolm voting no.
17, MAYOR'S REPORT (None)
18. COUNCIL COMMENTS
a, Councilman Moore felt that something positive should be done with the
Joint Several Liability law proposal. Councilman Malcolm reported that
this bill (SB575) failed in the Senate Judiciary Committee but it was
granted reconsideration. He asked that the Mayor write a letter to the
representatives requesting support of this bill.
MSUC (Scott/Moore) to launch a campaign by sending letters to all the people
that have some influence in changing the law (regarding support of this
bill).
Councilman Moore suggested the Mayor~s letter also be sent to the League
of California Cities to be included in their newsletter so that all of
the cities be made aware of this.
b. Councilman Malcolm reported on SB 778 (Compulsory and Binding
Arbitration) which has been removed from the Senate and Finance Committee
agenda. He stated that it is now "dead" for this particular session of
the legislature.
c. Councilman Scott discussed the four ball parks being proposed for the
Sweetwater Park stating that the County has just gone through the
Conditional Use Permit and it will now be heard by the City Planning
Commission. Conditional Use Permits stop at Commission level; however,
Councilman Scott felt the Council should hear this particular proposal.
City Council Meeting - 12 - June 7, 1983
MSUC (Cox/Scott) to ask that the Conditional Use Permit come to the City
Council automatically (Sweetwater Park).
The Council recessed to Closed Session at 9:15 p.m. The City Clerk was
excused and the Mayor reported the session ended at 10:30 p.m.
ADJOURNMENT AT 10:30 p.m. to the budget meetings scheduled for Wednesday,
June 8, 1983 at 5:00 p.m. and June 14, 1983 at 5:00 p.m. and to the regular
scheduled meeting of Tuesday, June 21, 1983.
WPG:0301C
PAG