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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