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HomeMy WebLinkAboutcc min 1973/11/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 20, 1973 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Legal Intern Beam The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of November 7 and 13, 1973, be approved, copies having been sent to each Councilman. SPECIAL ORDERS OF THE DAY Mayor Hamilton presented a proclamation proclaim- lng the week of November 18-24, 1973, as "Heri- tage Days" in the City of Chula Vista. He also gave a brief background of the people in the audience representing the City's heritage. ORAL CO~B~UNICATIONS Anita Diaz Miss Diaz reported that a Christmas party is MAAC held every year for the children from the low- income families. Last year, the party was held at Rohr Park and over 200 children attended. This year, they have invited over 300 children from the Chula Vista and Otay area. Miss Diaz stated that contributions for the party are re- ceived from private citizens, cities and organ- izations and requested the sum of $700 from the City of Chula Vista. Bill Rayburn Mr. Rayburn referred to his charge to the Grand 370 "K" Street Jury concerning allegations of this City's mis- use of public funds during the last Library bond election. He stated he has a list of fifteen documents which he would like to have the City provide to him at no cost. Motion to provide documents It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that if any documents listed by Mr. Rayburn are avail- able without research, they be made available to him with no charge. However, if it is going to take research for documentation of these, an estimate of the man-hours required be brought back to the Council and a decision will be made at that time. City Council Meeting 2 November 20, 1973 Request for funds for Councilman Egdahl referred to the request made Christmas party on behalf of the MAAC organization. He stated it was the policy of the City that all requests are considered at budget time, and there are certain requirements which must be met by the group seeking City funds. Motion to invite to budget session It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this group be invited back to the next budget session so that this organization can comply with the policy set forth by the City Council. CONGRATULATIONS TO MR. BEAM On behalf of the City Council, Mayor Hamilton congratulated Mr. Craig Beam on passing the California State Bar examination. PUBLIC HEARING (CONTINUED) This item was continued from the meeting of CONSIDERATION OF AMENDMENT TO November 6, 1973, at the request of a repre- ZONING ORDINANCE RELATING TO sentative of the Golden State Mobilehome Owners MOBILEHOME PARKS AND ADOPTION League, Inc., and in order to allow time for a OF DEVELOPMENT POLICY FOR field trip to view mobilehome park developments MOBILEHOME PARKS in the area. Director of Planning Peter$on stated that a field trip was taken on November 10 to view several mobilehome sites. The concensus was that larger front yard setbacks should be re- quired; variation in front yard setbacks; ad- ditional landscaping in the front yards; and that the coaches not be allowed to back directly up to one another across the rear lot line. Mr. C. A. Powers, Golden State Mobilehome Owners League, indicated concern over the 15% limita- tion of mobilehome units allowed under this policy. Mr. Peterson declared that 15% was a reasonable limitation as approximately 9% of the dwelling units in the City are mobilehome units at this time. Single-wide coaches Councilman Hyde asked about the possibility of establishing a minimum requirement for the single coaches as compared to the double coaches. On-street parking Councilman Hobel referred to the width of the streets within a mobilehome park (37 feet) and questioned the on-street parking. Director Peterson stated that the owners of the mobilehome parks have strict regulations regard- ing this. Tandem parking Councilman Scott mentioned not allowing parking spaces in front, but rather having them tandem spaces on the side of the coach. Mr. Peterson felt that the front yard setback and landscaping would solve that problem; how- ever, he would include this in the design criteria. Emergency vehicle access Councilman Hobel felt that there should be some degree of coordination between the park owners City Council Meeting 3 November 20, 1973 and the City concerning the on-street parking within the parks so that emergency vehicles would be able to have access at all times. Public hearing opened This being the time and place as advertised, Mayor Hamilton reopened the public hearing. Chet Powers Mr. Powers commented that he did raise an ob- 1500 Third Avenue jection to the 15% limitation but this has been explained to his complete satisfaction. He discussed landlord practices in certain mobilehome parks whereby they do not give their tenants a copy of the "Bill of Rights" - para- graphs that spell out when and how and for what cause a tenant may be evicted. The "hodgepodge" conditions in some of the parks are caused by the landlords crowding more coaches into areas and depriving tenants of open space, air and privacy. Mr. Powers suggested a comprehensive study of the entire situation with a report and recom- mendation to the Council. He offered his ser- vices in such a study. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Emergency vehicle access Councilman Scott discussed the problem of cars in the street which would not allow passage of a fire truck or police vehicle. He stated there are laws covering this, and felt someone should look into this situation to see if, in fact, the parks do present a safety problem. Referred to staff It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that this matter be referred to staff to see if there is a problem and., if so, what can be done to solve this. Suggestions for modification Councilman Hyde discussed the following: (1) Standards for open space and storage re- quirements for small and large parks. He felt the same requirements should be set for parks, regardless of size. (2) A minimum percentage of the parks should be set aside for the single-wide coaches - possibly 20%. (3) Consider whether or not mobilehome park oper- ators should provide the City Attorney with an up-to-date copy of the lease policy and the rules of operation for the park. 20% limitation Discussion followed on the 20% figure for the single-wide coaches. City Manager Thomson indicated that the staff could search out some figure to use in lieu of the 20% figure; perhaps the manufacturers could give the City some percentage in terms of production. City Council Meeting 4 November 20, 1973 Referred to Planning Commission It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that this matter be referred back to the Planning Commission for consideration of inclusion of the items that have been brought up by the members of the Council tonight. Discussion of motion Councilman Hyde referred to the density require- ments for small and large parks. He stated he could see no merit in two separate standards for these parks - it should be one set of standards for all parks. Included in motion Councilman Egdahl stated he would include this in the motion. Councilman Hobel agreed to the second. RECESS A recess was called at 8:05 p.m. and the meeting reconvened at 8:30 p.m. ORDINANCE AMENDING (Referred back to Planning Commission.) SECTIONS 33.535, 33.801 AND 33.901 OF THE ZONING ORDINANCE, CHAPTER 33, OF THE CHULA VISTA CITY CODE RELATING TO MOBILEHOME PARKS - FIRST READING RESOLUTION ADOPTING A (Referred back to Planning Commission.) DEVELOPMENT POLICY FOR MOBILE HOME PARKS PUBLIC HEARING - This item has been on a number of Council agenda CONSIDERATION OF AMENDMENT TO dating back to August 8, 1973. It was most re- CHAPTER 33 OF THE CITY CODE cently considered on October 30, 1973, at which ESTABLISHING "H" HILLSIDE time Council set an additional public hearing MODIFYING DISTRICT AND for November 20 in order to allow additional ADOPTION OF HILLSIDE testimony to be given. DEVELOPMENT POLICY Director of Planning Peterson briefly reviewed the provisions of the Ordinance and Resolution noting the staff's recommendations. Percentage of area being considered In answer to Councilman Hobel's query, Director Peterson stated that 30% to 40% of this land lies within the City limits. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Jerry Linton Mr. Linton commented on the cost of preparing a American Housing Guild planned residential development as compared with this Hillside development. He declared that this ordinance would substantially increase the cost of the homes in Chula Vista. Mr. Linton referred to the staff's comparison between the number of units allowed under the Hillside ordi- nance and the existing R-1 developments which he alleged were misleading. He also noted the staff's comments that iow-income persons may not be able to afford to live in the hillside areas. Mr. Linton remarked that this is a crime perpet- uated by government in the name of ecology and City Council Meeting 5 November 20, 1973 good planning. He declared that this ordinance is a "planning over-kill." He asked that the Council reject it in its present form and send it back to the staff for substantial revisions that give consideration to people's needs and not just the "well-being of a lot of hills and field mice." James Hutchison Mr. Hutchison reviewed the open space element Wilsey and Ham of the General Plan in terms of this ordinance. 1400 Sixth Avenue He stated that the down-zoning that would occur San Diego upon the adoption of this ordinance was arbitrary. He requested that the Council not adopt the Hill- side ordinance and allow normal planning proce- dures to control development of hillside areas in Chula Vista. William Bracey Mr. Bracey submitted folders to the Council con- 621Chula Vista Street t~ining cost figures on engineering studies on the Holderness property (37.78 acres, East "J" Street). Developing the acreage into 153 lots, a house could be built for $34,200. Under the Hillside ordinance, only 85 lots could be devel- oped and the minim~ house cost would be $46,840, or a cost to the general public of 30% increase. Mr. Bracey commented that Chula Vista has be- come the "plum" of the South Bay planning, and questioned the need of the Hillside ordinance. Gene Martin Mr. Martin stated he represents the Sweetwater 3751 Putter Place Valley Civic Association and spoke in favor of the ordinance. He stated it was not the best ordinance - Carmel has one far more restrictive - however, he urged its adoption and asked that it be amended as situations arise. Kathryn Moore Mrs. Moore stated she is representing Citizens 1134 Tobias Drive Coordinate of Century III. The Century III organization congratulates the Council on its leadership in considering this ordinance and urges its adoption and hopes all the other cities in the County, and the County itself, will follow this leadership. Eugene Coleman Mr. Coleman spoke in favor of the ordinance 1670 Gotham Street stating that the cities must now provide open space for their citizens as it is obvious that "we are looking at the end of the mobile society that has existed in this Country." The Hillside ordinance generates a considerable amount of open space. In answer to the Mayor's query, Mr. Coleman indicated that the public, given the opportunity, would allow themselves to be taxed where nec- essary in order to acquire open space. Martin Gaetstedder Mr. Gaetstedder favored adoption of the ordi- 1525 Greenby nance and indicated that the people would vote San Diego for the money to buy land for parks. He added that the Council has the power and control over this ordinance to make the environment and ecology suitable for the people in Chula Vista. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting 6 November 20, 1973 Council discussion Discussion ensued as to the comparisons between the P-C developments and the Hillside; the aver- age densities in the area lying east of the City (Gersten property); General Plan densities; alternatives on the Planned Unit Development route; similar ordinances as adopted in Pacifica and Thousand Oaks; the question of having a sign provision written into the ordinance; and the economics of services in revoking such a Hill- side ordinance in regard to the revenue analysis to the City by the reduction of the densities allowed. Self-destruct clause Councilman Scott asked about the legality of having a self-destruct type legislation written into the ordinance whereby after two years it would be nullified and the Council would then take a look at the benefits or liabilities in- curred during this period of time. Area proposed in Hillside areas Director Peterson, in answer to the Council's inquiries, stated it would be his reco~nenda- tion to apply the Hillside ordinance to all that area east of the City (El Rancho del Rey Plan). He added that the percentage of acreage in the proposed Hillside area is approximately 23,188 acres of which 13% is in the City limits (rather than the 30% to 40% as previously indicated). Economics of land being Mayor Hamilton stated he was concerned about set aside the economics of the lands that will be set aside by virtue of this ordinance. He referred to a section of the ordinance which stated that the maintenance and ownership are to be negotiated between the developer and the City. The Mayor questioned the amount of land that would have to be set aside in the Koven property. Mr. Peterson explained that the Koven property contains 57 acres; 33 acres would be allowed to be developed under this ordinance and 24 acres would have to be set aside as open space. Attorney's opinion Mr. Beam commented on the two-year limitation clause stating that his office would want time to research its legality. ORDINANCE AMENDING It was moved by Councilman Hyde and seconded by SECTIONS 33.302 AND Councilman Scott that the following recommenda- 33.601A OF THE ZONING tions by staff be approved: ORDINANCE, CHAPTER 33 OF THE CHULA VISTA CITY CODE 1. Adopt motions supporting the Planning Com- RELATING TO THE HILLSIDE mission's recommendation (Resolutions PCA-73-3 MODIFYING DISTRICT - and PCM-73-18). FIRST READING 2. Adopt a motion deleting the R-E category (column 3) from the nomograph. 3. Adopt a motion changing the wording of Section 33.601A (6) (a) (bottom of page 2 of Resolution PCA-73-3) by deleting the following words in lines 3 and 4: " . in excess of that required by the Park Land Dedication Ordinance." City Council Meeting 7 November 20, 1973 4. Adopt a motion amending the footnote to column 2 of the nomograph by adding the follow- ing sentence: "Areas graded in order to accom- modate common recreation facilities may be counted as 'ungraded areas,' upon approval of the City Council." S. Direct staff to prepare an ordinance amend- ing the Hillside Modifying District as noted above to be brought back to the Council on November 27, 1973. 6. Refer to the Planning Commission the matter of rezoning and prezoning suitable areas to the "H" Hillside Modifying District. 7. In the ordinance that is prepared for con- sideration by the Council on November 27, a provision be put in providing for the termina- tion of the ordinance two years following the date of its implementation with the understand- ing that if it is not legal to do so, it can be stricken at the time of consideration of the ordinance. 8. Deletion of that portion that relates to the signs in the industrial and commercial areas. Change of date Mr. Beam, Legal Intern, indicated it would pre- sent some problem to prepare the resolution for the November 27 meeting. He asked that his office be given more time. Motion changed Councilman Hyde stated the time certain would be December 11 instead of November 27. Coun- cilman Scott agreed to the second. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None RESOLUTION NO. 7088 - Offered by Councilman Hyde, the reading of ADOPTING A HILLSIDE the text was waived by unanimous consent, DEVELOPMENT POLICY passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None RECESS A recess was called at 10:07 p.m. and the meet- ing reconvened at 10:30 p.m. PUBLIC HEARING - Director of Public Works Cole submitted a map CONSIDERATION OF ESTABLISHING noting the proposed open space district as being CHULA VISTA OPEN SPACE in the Rancho Robinhood Subdivision, all of open DISTRICT NO. 3 space lot 115, man-made slopes adjacent to lot 115, slopes along Otay Lakes Road, Allen School Lane and certain other slopes as defined on the map. City Council Meeting 8 November 20, 1973 Estimated first year's cost for maintaining the open space district is $8,766. The assessments have been spread equally among the 114 parcels within the district and amount to $76.89 per parcel a year. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7089 - Offered by Councilman Hobel, the reading of ORDERING THE FORMATION OF the text was waived by unanimous consent, CHULA VISTA OPEN SPACE passed and adopted by the following vote, DISTRICT NO. 3 (RANCHO to-wit: ROBINHOOD) AND CONFIRMING AYES: Councilmen Hobel, Hamilton, Hyde THE ASSESSMENT THEREOF Egdahl, Scott Noes: None Absent: None Brochure Hand-out City Manager Thomson submitted a brochure en- titled, "California's Walk for Health," cover- ing community health problems which he reported will be handed out to the citizens of the com- munity along with the City annual reports. REPORT ON EPA CLEAN AIR Legal Intern Beam summarized the basic genealogy SOLUTIONS and requirements proposed by the Environmental Protection Agency. In commenting on the parking requirements, Mr. Beam stated there will be a surcharge of 20¢ an hour, up to $2 a day, for commercial parking. For free parking, as pro- vided by cities, hospitals, shopping centers, etc., there will be a surcharge of $360 a year per space. For those persons using car pools having three or more persons, there will be no charge. In addition to all this, the cities must institute various programs which encourage the use of mass transit. The EPA has mandated that as of August iS, 1973, any new parking of fifty or more spaces or existing parking facil- ity that increases its spaces by fifty or more must require a permit by the EPA before such parking is put into effect. Mr. Beam stated he would submit a written report to the Council on this matter. STATUS REPORTS ON COUNCIL The Safety Commission presented the following REFERRALS TO SAFETY reports: CO~ISSION l. Handyman ingress and egress - driveways are adequate. 2. Post Office Drop Boxes - new traffic pattern should be established - item will continue to be monitored. 3. Hilltop Drive/Telegraph Canyon Road - Traffic Division will move reduction of Hilltop from two lanes to one lane southbound from south of Telegraph Canyon Road intersection to north of the intersection with the added benefit of a left turn storage lane. City Council Meeting 9 Novembez 20, 1973 4. Second and Quintard - does not warrant a four-way stop sign, but Safety Commission will continue to consider this intersection for fur- ther traffic regulation. Reports accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the interim reports be accepted. REQUEST FOR RECOGNITION OF The Environmental Control Commission recommended ROSEBANK ELEMENTARY SCHOOL that the Council issue a proclamation commending FIFTH GRADE CLASS Ms. Carol Schiltneck and her 26 students for collecting 6,000 pounds of paper for recycling and for donating the money collected ($78.40) to the Children's Hospital, Humane Society and to "Saving a Tree." Motion for resolution It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff prepare a suitable resolution. CONSENT CALENDAR Motion to remove item It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that Item No. 9 (resolution supporting AB No. 1) be removed from the Consent Calendar and placed on the agenda for the meeting of November 27, 1973. Motion to approve It was moved by Councilman Scott, seconded by Consent Calendar Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted (with the elimination of Item No. 9). RESOLUTION NO. 7090 - An agreement has been prepared and executed APPROVING AGREEMENT BETWEEN by Colgan-Smith covering the following four THE CITY OF CHULA VISTA AND basic phases: COLGAN-SMITH ARCHITECTS FOR THE DESIGN OF THE CITY Phase I - Schematics and cost estimates ANIMAL SHELTER Phase II - Preliminary plans and specifications Phase III - Working drawings and specifications Phase IV - Construction services The architects' fee is $6,500 plus $650 for reimbursable expenses. It was recommended that this amount ($7,150) be authorized from the 1973-74 Capital Improvement Project P-l-71. RESOLUTION NO. 7091 - City Clerk Fulasz certified the results of the RECITING THE RESULTS OF A Special Election held on November 13, 1973, of SPECIAL DOWNTOWN ADVISORY the Parking and Business Improvement Area Ad- COF~qlTTEE ELECTION visory Committee. The following persons were elected to the Committee: Harry R. Johnson Delbert L. Hughes Don Johnson City Council Meeting 10 November 20, 1973 RESOLUTION NO. 7092 - This resolution grants a blanket encroachment APPROVING ENCROACHMENT PERMIT permit for the use of rights-of-way by property NO. 73-37 AUTHORIZING THE USE owners for the installation of temporary OF THE PUBLIC PARKWAYS AND Christmas decorations. The Council, due to the AREAS WITHIN THE PUBLIC RIGHTS- energy crisis, urges all citizens to limit the OF-WAY FOR THE INSTALLATION amount of lighting used in their displays and BY RESIDENTIAL PROPERTY OWNERS restrict the duration of illuminating the displays. OF TEMPORARY CHRISTMAS DECORA- TIONS AND URGING THOSE PERSONS DISPLAYING CHRISTMAS DECORATIONS TO REDUCE BOTH THE NUMBER OF LIGHTS AND DURATION OF USE (End of Consent Calendar) REPORT ON THIRD AVENUE Pacific Sign Construction has requested permis- CHRISTMAS LIGHTS sion to utilize the electrical service box at the southeast corner of Davidson and "F" Streets for the Christmas decorations to be erected on Third Avenue. The estimated monthly cost of this use will be $35. The construction company requested waiver of encroachment fee. City Manager Thomson commented that the energy costs should not be paid from City funds, in- cluding the Parking Meter Fund. Motion to impose charge It was moved by Councilman Scott and seconded by Councilman Hyde that the $35 be imposed on the Downtown Association. City Manager Thomson explained that this is not a new request - it is a method of doing this for a number of years. Second withdrawn Councilman Hyde withdrew his second. No other second was made to the motion and the Mayor stated that the motion died for lack of second. Estimated charge Mr. Cole, Public Works Director, stated the charge would be $50 instead of $35. Motion to approve It was moved by Mayor Hamilton and seconded by Councilman Hyde that this be handled as in the past and brought back to the Council in the budget next year. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Egdahl, Hobel Noes: Councilman Scott Absent: None VOTING DELEGATE TO It was moved by Councilman Egdahl, seconded by NATION'S LEAGUE OF Councilman Scott and unanimously carried that CITIES CONFERENCE - Councilman Hyde be designated as the voting SAN JUAN, PUERTO RICO delegate. Alternate It was moved by Councilman Scott, seconded by Coundilman Hyde and unanimously carried that Councilman Egdahl be designated as the voting alternate. City Council Meeting ll November 20, 1973 CASTLE PARK REZONING Mayor Hamilton noted that the County is consid- ering rezoning land in the Castle Park area (between Main and Orange Avenue, Interstate 5 and Interstate 805) from industrial to residen- tial use. Motion to request postponement It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that a request be made to the Board of Supervisors to hold this item over until a report is received from this City's industrial committee. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that an Executive Session be called (at the close of the meeting) on possible litigation and personnel. SALES TAX DISTRIBUTION Councilman Scott made reference to the resolu- tion supported by the Council asking that sales tax be distributed the same way as gas tax money - per capita. He felt that events of the past week have demonstrated that good planning dictates that economic incentives should be taken out of bidding for various retail outlets and put it into the area of planning. Motion for resolution It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that contact be made with Assemblyman Wadie Deddeh and Senator James Mills asking them to support a sales tax distribution on the same basis - a resolution to be brought back on this next week. SDG&E TURBINES Councilman Scott commented that he learned last week that the additional turbines requested by San Diego Gas and Electric were turned down by the Coastal Commission. He felt that this would have a tremendous impact on both the City and the County, especially in view of the energy crisis, and suggested the staff look into the possibility of reintroducing this request. Mr. Otis Pemberton, Manager, San Diego Gas and Electric, stated he had no knowledge of this matter. Referred to staff It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the staff for report. BANKS ALONG HILLTOP DRIVE Councilman Hyde commented on the appearance of the banks along the Baptist Church property along Hilltop Drive which he noted gave an unsightly appearance in view of the improve- ments being made to the adjacent Hilltop- Telegraph Canyon Road Park. City Council Meeting 12 November 20, 1973 Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff look into the matter of possibly coming to an agreement with the property owners (the church) with a view of possibly having the City take over the task of landscaping the banks that are adjacent to the park, se that there will be a completed landscaping effect. WRITTEN CO~UNICATIONS Verified claim for damages - Mr. Loria filed a verified claim for damages in Tony J. Loria the amount of $130 which he claimed was the cost 109 "E" Street of two service calls by a plumbing company and Chula Vista one carpet cleaning call due to a stopped-up sewer in the City main line on October 16, 1973. Claim denied It was moved by Councilman Egdahl, seconded by Ceun¢ilman Scott and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Verified claim for damages - This is a request for a late filing of the James Howard Carter verified claim for damages. Mr. and Mrs. James 110 Laurel Street Carter claimed that on November 19, 1972 at the San Diego hour of 9:24 a.m., their automobile was struck following a collision between a City Police vehicle and another vehicle. The accident oc- curred as they were driving northbound on Second Street. The amount of the claim is $25,000 plus medical expenses, loss of earnings and property damage. Opinion of Attorney Mr. Beam referred to his written opinion to the Council requesting the claim be rejected be- cause of the lateness in filing. Claim denied It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the claim be rejected and the time limit not be waived. Verified claim for damages - Mrs. Chandler filed a verified claim for dam- Janette V. Chandler ages in the amount of $136.60. She claimed 179 Whitney Street that on October 13, 1973, at 11:45 a.m., the Chula Vista roots of a City-owned tree twisted the water meter in front of her home and caused a leak in the pipe. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Request to appear before Council Mr. Michael L. Lapin, Attorney, 110 West "A" Street, San Diego, requested permission to appear before the Council to seek an amendment to the ordinance which prohibits the sale of intoxicating beverages in rooms containing billiard tables. City Council Meeting 13 November 20, 1973 City Attorney Lindberg spoke on behalf of Mr. Lapin asking that the matter be placed on the next agenda. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried to allow Mr. Lapin five minutes to present his case to the City Council. This is to be placed under Oral Communications on the next meeting (November 27). EXECUTIVE SESSION The Council recessed to Executive Session at 11:21 p.m. and reconvened at 12:20 a.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:20 a.m. to the meeting scheduled for Tuesday, November 27, 1973.