Loading...
HomeMy WebLinkAboutcc min 1973/10/02 MINUTES OF A REGULAR MEETING OF THE CITy COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 2, 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, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, ltyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Director of Building and Housing Grady, Purchasing Agent Espinosa, Legal Intern Beam, Superintendent of Parks Bradstreet 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 Hobel, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of September 25, 1973, be approved, copies having been sent to each Councilman. ADMINISTRATION OF City Clerk Fulasz administered the oath OATH OF OFFICE of office to the following newly-appointed members of the Safety Commission: Carol Palm Ernest Hayes Alger Myers PRESENTATION BY SOUTH Mr. David Burns, President, discussed the BAY IRRIGATION DISTRICT current status of condemnation proceedings to purchase the Cai-Am Water Company to acquire the distribution system in the South Bay irrigation system. The court gave the figure of $14,485,000 to acquire this system -- the company had asked for $40,000,000. A court of appeals action is now pending. Mr. Burns added that the company is seeking a 22% rate increase, and a hearing on this will be held on October 30, 1973, in this Council Chamber. PRESENTATION ON COLOR Aztec Bus Lines submitted diagrams to the OPTIONS FOR CITY BUSES Council for its concept of color to be utilized on the buses, the identification signs and insignia. Mr. Leonard was not in the audience. Motion for contest It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that a City-wide coloring-bus car~aign be started through the schools with some type of appropriate awards to the winners. This contest to be completed in thirty ~ity Council Meeting 2 October 2, 1973 days, and the staff to coordinate the program with Mr. Patrick Doogan of Aztec Bus Lines. ORAL COMMUNICATIONS EUGENE COLEMAN Mr. Coleman, Chairman of Citizens Concerned for 1670 GOTHAM STREET Chula Vista, discussed the meeting held by the Human Relations Commission on October 1, 1973, and requested that the City Attorney be directed to review the tapes - particularly the last 10 to 12 minutes of this meeting, and submit his decision to the Council as to whether or not an investiga- tion of this commission meeting would have a basis. Motion to refer to City It was moved by Councilman Hobel, seconded by Attorney Councilman Hyde and unanimously carried that the City Attorney be directed to listen to that portion of the tape, or any portion of the tape, and come back to the City Council with his comments. Sebold Report Councilman Hobel asked Mr. Coleman for a copy of the Sebold Report, which Miss Lassman, of his committee, stated she would submit tO the City Council. Mr. Coleman indicated he was unaware of the com- mitment made by Miss Lassman and would check into this matter and get a copy to the Council. He commented that a copy of this report was in the Civic Center for approximately one month. City Manager Thomson stated he was aware of this copy given to the Assistant Director of Planning from an attorney representing another developer, but questioned whether it was a draft or the original manuscript. MARGARET HELTON Mrs. Helton, past Chairman of the Human Relations 162 Y~kNKATO Commission, declared that her commission has the right to request anyone to make a presentation. Dr. Leonard Bloom's presentation was of great in- terest particularly as it related to the housing element of Sports World. Mrs. Helton explained that one member of the Com- mission made a motion to support the action taken by this Council; however, the motion was not seconded because the members felt that they should respect the request of the Mayor that no board or commission take any action on this issue prior to the November 6, 1973, election. Mrs. Helton added that the community forums will continue so that the people of the community will have a chance to be informed on the issue. GASPER SEMPERGER Mr. Semperger asked for consideration of having 1384 MAX AVENUE bus service on Sundays. City Manager Thomson explained that this was not part of the contract - any add-ons would have to be done at City expense. He would check into the REPORTS OF CITY OFFICERS matter further and report to Council. AND DEPARTMENT HEADS REPORT ON CONSTRUCTION OF It was noted that Councilman Egdahl would abstain STREETS BETWEEN TROUSDALE from discussion and voting on this matter due to AND BRISBANE a possible conflict of interest. Director of Public Works Cole submitted a plat, noting the proposed improvement and right-of-way parcels involved. The State Highway representative maintained that the dollar amount from the sale of the surplus right-of-way will not be available for purchase of the alternative alignment. They con- firmed the availability of their originally budgeted funds for improvement of either alignment. City Council Meeting 3 October 2, 1973 Mr. Cole then discussed the cost figures for tke alteration of these streets, noting another proposed alignment fifty feet east of the proposed Trousdale ex,tension. The property owners adjacent to the Brisbane street have been contacted and are opposed to the change in the Trousdale extension. Mr. Cole then discussed the noise decibels as recorded in this area. In answer to Council's query, Mr. Cole commented that the reduction in the noise level generated by the change of the street alignment would have little significance as to warrant the change. Motion to sustain previous It was moved by Councilman Hyde and seconded action by Councilman Scott that the Council sustain its previous action on this matter and the staff be directed to proceed with the acqui- sition of the property as indicated on the map. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott~ Hobel, Hami 1 t on Noes: None Absent: None Abstain: Councilman Egdahl REPORT ON AUDIO INTERFERENCE, This matter was continued from the meetings CORTE MARIA AVENUE of September 18 and 25, 1973. In a written report to the Council, Director of Building and Housing Grady stated that a cursory analysis of the tower structure indicates that the minimum structural standard of the Building Code has been met. As to the audio interference, the Federal Conununications Commission informed him that an organized group of amateur radio opera- tors inspected the premises and reported that Mr. Massey's (operator of the HAM equipment) equipment operating within the specifications of the FCC rules and regula- tions and that the inter~nce was audio and would respond to power line filtering. Discussion on conditional Councilman Hyde questioned the feasibility use permits of requiring a conditional use permit for construction of transmitter antennae. Mr. Grady commented that this would be one way to handle these situations in the future. Ne noted that this particular antenna was erected without a building permit. City Attorney Lindberg declared that there is a one-year statute of limitations on building permits, and since Mr. Massey con- structed the tower two years ago, in the absence of any safety hazard that may exist as a result of the construction, it would City Council Meeting 4 October 2, 1973 not now be possible to require either the issuance of a building permit or a condi- tional use permit. Motion for amendment to It was moved by Councilman Hyde and seconded Zoning Ordinance by Councilman Egdahl that the staff prepare an amendment to the Zoning Ordinance which would require a conditional use permit according to appropriate standards for construction of transmitter antennae for various electronic systems. San Diego City Ordinance City Attorney gindberg discussed the ordi- nance enacted by the City of San Diego regarding construction of these antennae. He stated he would check further into this matter. Included in motion Councilman Egdahl asked that the Attorney's report be made as a part of the motion. Motion carried The motion carried unm~imously. Councilman Hobel questioned the objectivity of the FCC investigation. Mr. 6rady recommended that, to make sure that this existing antenna and equipment meets FCC regulations, the:Council request an official investigation by the FCC. Motion to request FCC It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that an official investigation be requested of the FCC as to the antenna and equipment at this location. Joleen McPherson Mrs. McPherson discussed the problems she 427 Corte Maria has encountered as a result of this amateur radio operation. She asked the Council to look into the construction of the shed and tar-paper lean-to and Mr. Massey's use of an acetylene torch in "a yard full of dry weeds." She further requested: (1) regulation of towers, particularly home-made ones; (2) consideration of the general appearance of the tower and its acceptability in an area; (3) consideration of requiring a conditional use permit; (4) ask for opinions and comments from neighbors where a pro- posed tower structure will be going in; (S) the operator be obligated to have to pay for all adjustments necessary to make the affected equipment (in the area) usable and/~r shall lower his signal until it no longer constitutes an annoyance. Melvin Woods Mr. Woods stated he issued a formal com- 42S Corte Maria plaint with the FCC and received no satis- factory results. He commented that he has four televisions, a sterio, radio and telephone all affected by the amateur radio operator. The Telephone Company did put something on his telephone that eliminated that interference. City Council Meeting 5 October 2, 1973 REQUEST FOR APPROVAL OF Director of parks and Recreation Hall PROPOSED FENCING STANDARDS explained that in conjunction with the FOR HILLTOP-TELEGRAPH planning Department and area residents, CANYON PARK his department will construct a five-foot high chain link fence with a top rail, fully landscaped on the City side only, as soon as it is deemed practical. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. REQUEST FROM YOUTH The Youth Commission requested permission CO~qlSSION TO ATTEND to send one member to attend the entire ANNUAL LEAGUE OF four-day conference, and in addition, for CALIFORNIA CITIES Commissioner Tim Nader to attend the CONFERENCE conference and an organizational meeting of the California Youth Coalition Steering Committee on the day before the conference (October 20, 1973). An appropriation of $1S0.00 in addition to that budgeted for the Conference, was requested. Motion for approval It was moved by Councilman Egdahl and seconded by Councilman Hyde that the request be approved and recommend that it be absorbed within the travel account expenditures. Attendance by two Councilman Scott questioned the rationale commissioners of having two members attend the Conference. He suggested having just Mr. Nader attend the entire Conference. Tim Nader Mr. Nader explained that he Mould be in- Youth Commission volved in the Youth Coal{tion activities and felt it desirable to send another member of the Commission to attend the other ses- sions. Chaperone questioned Councilman Hyde questioned the matter of the chaperone. Mr. Nader remarked that funds were not budgeted for the chaperone, and the Council would have to appropriate funds for this person. Substitute motion It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that this matter be held over for one week for clarification, and a resolution for the chaperone funds be brought back to the Council. HUMAN REALTIONS COMMISSION Both commissions submitted statements to AND YOUTH COMMISSION the Council asking that the proposed ban RECOMMENDATIONS REGARDING on hitchhiking not be endorsed, but rather HITCHHIKING ORDINANCE that stress on education be placed in the community, both in home and school. Reports accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the reports be accepted. Recess A recess was called at 8:52 p.m. and the meeting reconvened at 9:10 p.m. City Council Meeting 6 October 2, 1973 Continuance of item under It was moved hy Councilman Scott, seconded Consent Calendar by Councilman Hobel and unanimously carried that the resolution accepting the grant of easement from Glenn H. Miller and Clara E. Miller for drainage purposes be taken off the Consent Calendar and continued for one week. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously car- ried that the Consent Calendar be approved and adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 7029 - This project calls for the installation ACCEPTING BIDS AND of fourteen street lights which are being AWARDING CONTRACT FOR installed as a part of undergrounding INSTALLATION OF STREET the utilities on "E" Street, presently LIGHTS ON "E" STREET under construction. BETWEEN INTERSTATE S FREEWAY AND BROADWAY Two bids were received, as follows: Perry Electric - $12,109 Arrow Electric - $12,949 It was recommended that the contract be awarded to Perry Electric, and authori- zation be given for the total expenditure of $13,320 for this project. RESOLUTION NO. 7030 - The islands will be landscaped with Marraea ACCEPTING BIDS AND Lily and Ivy Geranium, with Nu Way multi- AWARDING CONTRACT FOR porous tubing used in the irrigation system. INSTALLATION OF LAND- SCAPING AND IRRIGATION IN Only one bid was received from Landscape MEDIAN ISLANDS OF "E", "H" Irrigation Specialists, Inc. in the amount AND "J" STREETS AT INTERSTATE of $5,280. It was recommended that the 5 FREEWAY contract be awarded to this firm, and that the total amount of $5,800 be authorized for this project. RESOLUTION ACCEPTING GRANT (Continued to the meeting of October 9, 1973.) OF EASEMENT FROM GLENN H. MILLER AND CLARA E. MILLER FOR DRAINAGE PURPOSES RESOLUTION NO. 7031 - The new agreement is designed to update APPROVING AGREEMENT BETWEEN the previous agreement entered into on THE CITY OF CHULA VISTA AND September 11, 1956, to conform to previous STATE BOARD OF EQUALIZATION changes in the law and to provide for FOR STATE ADMINISTRATION transmittals of money by deposit in a bank OF LOCAL SALES AND USE TAXES in ~acramento designated by the City. RESOLUTION NO. 7032 - The Manual is a consolidation of all policy I~DOPTING THE COUNCIL statements made by the Councils through the POLICY MANUAL - 1973 month of August 1973. City Council Meeting 7 October 2, 19/3 RESOLUTION NO. 7033 - This equipment will replace the motive power APPROVING THE PURCHASE OF engine on pumper #1 which has been rendered OF A DETROIT DIESEL ENGINE inoperable with a cracked c¥1inde~ block. 671N WITtl REVENUE SHARING FUNDS Funds requested will be allocated from the 10% portion of the Revenue Sharing Funds designated for operational costs of the City. RESOLUTION NO. 7034 - The State Bar of California provides That AUTHORIZING CRAIG K. BEAM a law student or graduate of law school, TO ACT AS A CERTIFIED LAW who is awaiting results of the State STUDENT PURSUANT TO THE Bar examination, may act in a limited RULES GOVERNING THE capacity as an attorney. PRACTICAL TRAINING OF LAW STUDENTS RESOLUTION NO. 7055 - The Attorney's budget provides for the APPROVING AGREEMENT leasing of a vehicle this fiscal year. BETWEEN THE CITY OF Bids were received from five leasing firms. CHULA VISTA AND The low bidder, Southwest Leasing Corpora- SOUTHWEST LEASING tion, proposed furnishing a Chevrolet at CORPORATION FOR a monthly charge of $95.18. The lease period LEASE OF CITY ATTORNEY'S will be for a period of 36 months with a CAR maximum of 10,000 miles per year. (END OF CONSENT CALENDAR) PUBLIC HEARING (CONTINUED) In a report to the Council, Director of APPEAL OF STREET PROPERTIES Planning Peterson explained that the appli- INC. OF PLANNING COY~ISSION cant's original proposal included a request DENIAL OF A CONDITIONAL USE to amend the General Plan of 3.33 acres PEPJ4IT FOR THE CONSTRUCTION from Industrial to Visitor Commercial; OF A SERVICE STATION AT 789 rezone the property from I to C-V-P; an "E" STREET AND DENIAL OF EIR; a conditional use permit to construct PRECISE PLANS FOR A RESTAURANT, and operate a service station and towing MOTEL AND SERVICE STATION AT service along with a Denny's Restaurant and BAY BOULEVARD AND "E" STREET a Motel 6. The Planning Commission approved all re- quests but denied the conditional use permit and the overall design theme as proposed by the applicant. The denials were based on the finding that the site planning and architectural treatment of the proposed uses were not in conformance with the de- velopment criteria recommended in the Bay- front Study. Mr. Peterson added that if the Council grm~ts the appeal, he would request that matter be referred back to the Planning Commission for the establishment of approp- riate conditions. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Paul Peterson, Attorney Mr. Peterson, attorney for the applicant, 530 B Street, San Diego reviewed the history of this development. He submitted a revised plan, noting a 40-foot access off E Street for a proposed service station. The tenants for the property will City Council Meeting 8 October 2, 1973 be a Mobil Service Station, Denny's Restau- rant, and Motel 6. Mr. peterson discussed the need for the E Street access stating that the service station will not sign the lease unless tlu~s access is granted. The applicant is also requesting permission to construct two signs, 40' x 50' -- the Plan- ning Commission recommended approval of one sign totalling 225 square feet. Discussion The Council discussed the criteria set up by the Sedway/Cooke Bayfront Study for development of this area. Questions ensued as to "freeway-oriented" tenants as compared to "Bayfront-oriented". Mr Peterson said he felt the proposed tenants were compatible with the Bayfront study, and briefly commented on the archi- tecture of the proposed buildings. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to deny appeal It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the appeal be denied (conditional use permit and rejection of precise plan as shown on Exhibit "B"). Amended Exhibit "B" The Council, in discussion, concurred on the amended plan showing access off Bay Boulevard rather than E Street (amended Exhibit "~'). Motion to accept amended It was moved by Mayor Hamilton, seconded plan by Councilman Egdahl and unanimously carried that if the applicant can get tenants accept- able to having no entrance off "E" Street, this plan would be considered by the Council. Clarification of motion Mayor Hamilton explained that he would not support access to the property off of "E" Street, and that the precise plan and compatability Q,f signs and uses and architectural control be made similar to that as presented in amended Exhibit "B". Councilman Egdahl, in making the second to the motion added "or any other interior arrangement that would be acceptable." City Attorney's opinion In answer to Council's inquiry, City Attorney Lindberg explained that if the attorney, Mr. Peterson, can sell the new proposal (amended Exhibit "B") to the pros- pective tenants, the Council would then have the opportunity to reconsider their rejec- tion of the appeal on both the conditional use permit and precise plan or have the matter resubmitted to the Planning Commis- sion. PUBLIC HEARING - On September 11, 1973, the City Council CONSIDERATION OF THE FORMATION declared its intention to form Open Space OF OPEN SPACE DISTRICT NO. 2 District No. 2 and set the date of October OF THE CITY OF CHULA VISTA 2 for a public hearing to hear protests AND APPROVING THE SPREAD OF to the formation of this district. ASSESSMENTS City Council Meeting 9 October 2, 1973 Director of Public Works Cole submitted a plat noting the location of the district as lying within Larkhaven Subdivision, Units 1, 2, 3 and 4. He stated that the estimated first year's cest for maintaining the ~istrict will he $7,029.84 which will be spread equally among the 235 parcels. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton opened the public hearing. City Clerk Fulasz reported that she received ~fou~ written protests to the proposed District: Fred Reiche, 1589 Larkhaven; Mr. and Mrs. Richard A. Vorce, 1584 Skylark Way; J. G. and her y D m'nik 7 S la a · an Speaking in protest Speaking against the formation of the Open Space District were: Mrs. D. E. Scott, 1580 Skylark Way; J. G. Dominik, 1572 Skylark Way; Fred Reiche, 1589 Larkhaven Drive; Carol Palm, 1660 Oleander; Irma Warner, 126 Meadowlark Avenue. They stated the following objec- tions: (1) maintenance should come from the City's general funds for planting on Orange Avenue since this is a major freeway and will benefit a great number of people; (2) residents of Holiday Estates, imme- diately west of Larkhaven, off Orange Avenue, are not being assessed for maintaining their slopes along Orange Avenue; (3) they pay property taxes to the City and therefore, the City should bear this expense; (4) only a small number of people have moved into this subdivision and it is not fair to call a public hearing to hear protests on the formation of the District when it takes a majority vote of the en- tire area to stop the District formation; (5) the people were not told of this assessment at the time they purchased their properties; (6) the benefitting parties should pay the assessment; (7) instead of assessing the property owners, perhaps some type of fine can be imposed on those who do not maintain their properties. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion During the protest testimonies, the members of the Council discussed the rationale of assessing the property owners for the maintenance of this area. RESOLUTION NO. 7036 - Offered by Councilman Hyde, the reading ORDERING THE FORMATION OF of the text was waived by unanimous con- CHULA VISTA OPEN SPACE sent, passed and adopted by the following DISTRICT NO. 2 (LARKHAVEN vote, to-wit: SUBDIVISION) AND CONFIRMING AYES: Councilmen Hyde, Egdahl, Scott, THE ASSESSMENT THEREOF Mobel, Hamilton Noes: None Absent: None City Council Meeting 10 October 2, 1973 ORDINANCE AMENDING CHAPTER 1 In accordance ~ith Council direction, the OF THE CITY CODE BY ADDING di%closure ordinance has been revised to THERETO A NEW ARTICLE 4, li~$t those Who are required to make a SECTIONS 1.401 THROUGH f~nancial disclosure to the elected 1.406, RELATING TO FINANCIAL Council members. DISCLOSURE BY CITY OF CHULA VISTA OFFICIALS City Attorney Lindberg recommended that the ordinsmce be filed until there has been a sufficient opportunity to review SB 716, which has passed both Houses of Legislature and now awaits the Governor's signature. Mr. Lindberg asked for time to review this Bill to make sure the City's dis- closure law is compatible with this State law and, if adopted, have the City's ordinance be made a supplement to the State Law. Motion to continue for It was moved by Councilman Scott, seconded one week by Councilman Hyde and unanimously carried that the ordinance be continued for one week and the City Attorney be directed to provide the Council with more information on the Mascone Bill. ORDINANCE NO. 1S00 - A~NDING The ordinance establishes regulatory pro- SECTIONS 33.502, 33.503, 33.601 visions for development procedure under AND 33.1312, AND DELETING SECTION the PUD concept. The ordinance was placed 33.602 OF THE ZONING ORDINANCE, on first reading at the meeting of CHAPTER 33 OF THE CITY CODE, ALL September 25, 1973. RELATING TO PLANNED UNIT DEVELOPMENT PROCEDURE - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent; The motion carried by the following vote, to-wit: AYES: Co~nFilmen Hy~e, Egdahl, Scott, nooel, Hamilton Noes: None Absent: None ORDINANCE NO. 1S01 - The ordinance enacts certain amendments AMENDING SECTIONS 30.8 which are mandatory if the City is to AND 30.9, ADDING NEW remain a conforming City within the terms SECTION 30.11, AND RE- of the Bradley-Burns Act. The ordinance NUMBERING EXISTING was placed on first reading at the meeting SECTIONS 30.11 AND 30.12 of September 25, 1973. TO 30.12 AND 30.13 OF CHAPTER 30, ARTICLE II, OF THE CITY CODE, RELATING TO THE UNIFORM LOCAL SALES AND USE TAX LAW - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that reading and adopted this ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous con- sent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Abaent; None City Council Meeting 11 October 2, 1973 ORDINANCE NO. 1502 - AMENDING This ordinance provides for an increase in SECTIONS 13.1, 13.2, 13.5 AND fee~. for masonry, garden walls and fences. 13.8 OF CHAPTER 13 AND REPEALING The ordinance was placed on first reading SECTIONS 13.g AND 13.12 THROUGH at the meeting of September 25, 1973. 13.16 OF CHAPTER 13 OF THE CITY CODE, ALL RELATING TO MASONRY GARDEN WALLS AND FENCES - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RECESS A recess was called at 11:15 p.m. and the meeting reconvened at 11:30 p.m. MAYOR'S REPORT Surplus County Land Mayor Hamilton asked the City Manager to check into the availability of the County surplus land east of Acacia Street along Bonita Road where County road equipment was stored. City Manager Thomson explained that the property encompasses 1.7 acres of land housing a garage, fueling dock and a residence. The cost is approximately $50,000 and the staff is checking into it as a possible site for a future fire station. Mayor Hamilton asked the City Manager to keep in touch with this matter and advise the Council as to the availability and price of this property. Sewer west of Interstate 5 It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the City Manager look into the sewer income fund to build a sewer to serve properties west of I-5, so that when development occurs, the sewer will be available to them. When this is set up, a provision is to be made that the City be reimbursed for its investment, plus interest. A recommendation is to be brought back to the Council at the next meeting. Council Conference It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously car- ried that a Council Conference be set for November 1, 1973, at 7:00 p.m. to discuss the Library plans and the Administrative Manual on the SDG~E franchise. City Council Meeting 12 October 2, 1973 Executive Session It was moved hy Mayor Hamilton, seconded hy Councilman Hobel and unanimously carried that the Council recess to Executive Session, at the close of the meeting, for pending litigation and per- sonnel reasons. COUNCILMEN'S COMMENTS OPEN INLET ALONG SECOND Councilman Scott stated he received a AND MADRONA complaint about the open inlet along Second Avenue and Madrona. The citizen felt it was a safety hazard, especially to bicyclists riding in this area. Director of Public Works Cole commented that he would investigate this condition. AGENDA CHANGE Councilman Scott discussed the agenda change, noting the time involved in hearing the deoartment head reports. He felt first consideration should be given to the people in the audience and, therefore, the public hearings should be scheduled first. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Department Head Reports be moved down the agenda below the Public Hearings. STATUS OF BAYFRONT STUDY In response to Councilman Hyde's query, Director of Planning Peterson explained that the second public hearing before the Planning Commission is scheduled for October 17, 1973. DISCLOSURE ORDINANCE It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the City Attorney be directed to advise the Council about what would be mandated by the State, and that candidates who file for City Council would also be required to make a financial disclosure upon their filing for this public office. SDG&E POWER PLANT Councilman Egdahl commented on the two potential sites being considered, one of which is in the Procter Valley area. Motion to favor location It was moved by Councilman Egdahl and seconded by Councilman Hobel that the Council go on record as looking favorably upon their locating in that area. Discussion of motion Councilman Scott indicated he would like more information - what are the alternatives - would it be feasible, etc. Information on public hearings Mr. Pemberton stated he would make the information available to the Council on the public hearings held on this matter. City Council Meeting 13 October 2, 1973 Amended motion Councilman Egdahl amended his motion to state that t~ Council receive more infor- mation on this matter. Councilman Hobel agreed to the second and the motion carried unanimously. OPEN SPACE DISTRICTS It was moved by Cotmcilman Egdahl, seconded by Ceuncilman Scott and unanimously carried that, as a Council policy, when the City has an Open Space District, and as a condition for development, that the assessment and hearing in re~ard to the formation of that District be accomplished prior to the sale of the dwellings (prior to the issuance of a building permit). WALL ALONG ORANGE AVENUE In answer to Councilman Scott's question, Director of Planning Peterson explained that American Housing Guild is resisting the staff's efforts to persuade them to construct that wall. City Attorney Lindberg stated he will meet with Mr. Peterson on this and decide what can be done. Grading Plan Mr. Cole, Director of Public Works, com- mented that the grading of these lots is accomplished in a mass way. A grading plan shows what the intent is - what the developer is trying to accomplish. Based on that, the staff makes requirements for drainage, compaction, slopes, etc., and there are always changes in the plan. WRITTEN CO~94UNICATIONS REQUEST FROM SALVATION The Salvation Army has requested permission ARMY FOR PERMISSION TO to place nine (9) kettles throughout the PLACE COLLECTION KETTLES City from November 23 through December 24, AT VARIOUS LOCATIONS 1973, THROUGHOUT THE CITY It was noted that none of the requested locations were on public street rights- of.-way, and that some were not in the City. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously car- ried that the City Manager address a letter to them advising them whom to contact for proper permission to place their kettles. REQUEST FROM CAROLYN J. Mr. and Mrs. Morgan, owners of the apartment AND MARCEL G. MORGAN FOR units at 252 G Street, sent in a letter SOLUTION TO PROBLEM CREATED and picture showing flood damage to their BY DRAINAGE FACILITY BEHIND property after the rains in 1972. They THEIR PROPERTY stated that the damage is caused by the City directing water from the six-foot water drain on H Street to the 24" pipe in the rear of their property. They further asked for a meeting with City officials to try and remedy this problem before the next rainy season. City Council Meeting 14 October 2, 1973 Referred to staff It was moved by Councilman Hyde, seconded h¥ Counci. lman Hobel and unanimously carried that this matter be referred to staff for investigation and recommended action. REQUEST FROM CHAMBER OF The Chamber of Commerce requested a six- COMMERCE FOR SIX-MONTH month extension on the lease of their EXTENSION OF LEASE building at 298 Fourth Avenue in order to complete their new building and facilitate an orderly move to the new quarters. Motion for approval It was moved by Councilman Scott and seconded by Mayor Hamilton that the extension be approved at $75.00 a month. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Egdahl Noes: Councilmen Hobel, Hyde Absent: None EXECUTIVE SESSION The Council adjourned to Executive Session at 11:50 p.m. and the meeting reconvened at 12:47 p.m. APPOINTMENT TO HUMAN It was moved by Councilman Hyde, seconded RELATIONS CO~ISSION by Councilman Scott and unanimously car- ried that Sandra Pasqua be appointed to the Human Relations Commission. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:49 p.m. to the meeting scheduled for Tuesday, October 9, 1973 at 7:00 p.m.