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HomeMy WebLinkAboutcc min 1973/01/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 9, 1975 At the meeting of January 2, 1973, the Mayor adjourned the meeting to an Executive Session to commence at 6:00 p.m. on January 9, 1973, for litigation purposes. The Council met in Executive Session at 6:15 p.m~ in the Council Conference Room, with the following members present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Acting Director of Planning Williams The meeting reconvened at 7:25 p.m. in the Council Chamber. ACTION TAKEN AT EXECUTIVE SESSION Mayor Hamilton announced that the Council had discussed the proposed settlement rela- ting to Apollo Unit No. 3 Subdivision. The action taken by the Council was to reject the compromise that was offered by Time Development Company. Motion to hold public hearing It was moved by Mayor Hamilton, seconded by Councilman Scott, and unanimously carried by those present to hold a public hearing to consider the tentative map of Apollo Unit No. 5 Subdivision on Wednesday, January 17, 1975, at 3:00 p.m. The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Scott, Hobel Noes: None Absent from vote: Councilmen Hyde, Egdahl RECESS A recess was called at 7:27 p.m. and the meeting reconvened at 7:32 p.m. The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a mmment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the minutes of the meetings of December 20, 1972, and January 2, 1973, be approved, copies having been sent to each Councilman. REPORT OF PORT CO~ISSIONER Mr. Robert Campbell reported on the activi- ties of the Port District, noting the ef- fect the initiative passed at the last election would have on some of the Port District's plans. Mr. Campbell remarked that the Port District's Planning Director and Mr. Williams, Acting Planning Director of Chula Vista, have received the first portion of the Sedway-Cooke planning study. Within the next sixty days a final report will be received. Mr. Campbell then dis- cussed the Port's Master Plan, the South Bay dredging project, status of security operations at Lindberg Field, and a proposal to provide places for transient boaters. He added that the Chief of the Harbor Police has reported illegal and polluted- type dumping in the South Bay area, parti- cularly the Chula Vista area. He asked that if anyone sees this type of dumping in the Bay, they should contact the Harbor Police. QUARTERLY FINANCIAL REPORT Mr. Clinton Matthews, President, Visitors BY VISITORS AND CONVENTION and Convention Burea~ requested a one week's BUREAU continuance of this report. Motion to continue for It was moved by Councilman Hyde, seconded one week by Councilman Scott and unanimously carried that this report be continued for one week - to the meeting of January 16, 1973. PUBLIC HEARING (CONTINUED) Director of Public Works Cole reported that INTENTION TO VACATE A Verl D. Mason, 1310 L Avenue, National PORTION OF NITA COURT City, requested the vacation of the portion ~DJACENT TO INTERSTATE of Nita Court between Nacion Avenue and 805 FREEWAY Interstate 805 Freeway. The need for Nita Court was negated by the Interstate 805 Freeway and Mr. Mason is consolidating property on either side of this street for the purposes of development. On December 4, 1972, the Planning Commission recommended approval of the vacation of this portion oF the street. Public hearing opened This being the time and place as advertised, the public hearing was declared opened. Public hearing closed There being no comments, either For or against, the hearing was declared closed. RESOLUTION NO. 6707 Offered by Councilman Scott, the reading of ORDERING THE VACATION OF the text was waived by unanimous consent, A PORTION OF NITA COURT passed and adopted by the following vote, ADJACENT TO INTERSTATE to-wit: 805 FREEWAY AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6708 In a report to the Council, Director of DECLARING CITY'S INTENTION Public Works Cole explained that the plans TO VACATE A DRAINAGE EASE- for the development of Vista Square Shopping M~NT AT 534 BROADWAY Center call for the construction of a re- taining wall along the westerly property line. The developer, Mr, Mitchell Angus, has prepared plans for construction of a new drainage structure along another alignment and has executed an easement for this structure, along with a surety bond to guarantee its completion. The Planning Commission has reco~ended that the e×Sst- ins easement be vacated. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-w±t AYES: Councilmen Egdabl, Scott, Hobel, H~mi~ton, Hyde Noes: None Absent None - 2 - RESOLUTION NO. 6709 The sewer facilities, including gravity sewer DETERMINING THE /B{OUNT main and pumping facilities for this area OF MONEY WHICH SHOULD BE have been completed. Resolution No. 6363 ASSESSED AGAINST CERTAIN stipulated the manner in which the cost PARCELS OF PROPERTY PRIOR of the project was to be divided among the TO MAKING SEWER CONNECTIONS benefiting property owners. BECAUSE OF BENEFIT RECEIVED BY SAID PARCELS BY THE Formal recommendations were submitted to CONSTRUCTION OF A SEWER IN- the Council by the City Engineer regarding STALLATION ON HILLTOP DRIVE the method of repayment to the City of FROM "L" STREET TO DONAHOE funds advanced in behalf of non-participating STREET property owners. This recommendation in- cluded the imposition of a simple four per cent interest to a maximum of ten years, commencing January 1, 1973. Resolution offered Offered by Councilman Egdahl, the reading of text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6710 Resolution No. 5545 authorized the City to PROVIDING FOR THE SPECIAL participate~'in the acquisition of rights-of- APPROPRIATION OF FUNDS FOR way for the Sweetwater Flood Control Project. PARTICIPATION IN SWEETWATER The City agreed to pay thirty per cent of RIVER FLOOD CONTROL PROJECT the interest involved in amounts advanced by the State for the purchase of right-of-way. Mr. Cole, Director of Public Works, reported that the County Department of Sanitation and Flood Control has revised their interest cost projections and it is now necessary that additional monies in the amount of $4,000 be appropriated in order to meet the City's obligation in accordance with the agreement. Council discussion Council discussion ensued on the amount of the increase. Mr. Cole explained the four per cent interest rate and the special legislation that enabled borrowing of the money from the Highway Fund. The money was not advanced, however, without charging the interest. He agreed that the percentage of increase was high, but that there was no alternative but to meet this obligation. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6711 The City Clerk reported on the use of the PROVIDING FOR THE SPECIAL present tape recorder which was constantly APPROPRIATION OF FUNDS in need of repair. The Communications FOR PURCHASE OF TAPE Technician recommended the purchase of a RECORDER 9000X Tandberg which would be installed as a permanent unit in the Council Chamber. The present recorders (City Clerk and Plmlning) would be installed with a locking device to prevent anyone from accidentally or deliberately erasing a tape. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6712 In a report to the Council, Director of ESTABLISHING ACCOUNTING Finance Grant noted that the Federal PROCEDURES IN ACCORDANCE Government has approved the annual Public WITH THE EMERGENCY Employment Program budget for the year EMPLOYMENT ACT OF 1971 1972-73. This resolution establishes the budgetary entries necessary for this Program. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott~ Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1440 In accordance with a request of a member INCREASING THE MEMBERSHIP of the Parking Place Commission, the City OF THE PARKING PLACE Council directed that the members for the COb~IISSION FROM THREE Commission be increased from three to five. TO FIVE MEMBERS - First reading Ordinance placed on first It was moved by Councilman Scott that this reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RECO~qENDATION OF SAFETY Councilman Scott stated he is abstaining COMMISSION REGARDING from discussion of this matter. "J" STREET MEDIAN At the meeting of January 2, 1973, the Council reconsidered the motion made at the previous meeting which was to remove a portion of the center divider on J Street, and the cost of the project to be on a shared-cost basis with the Texaco station. The Council subsequently referred this matter to the Safety Commission for report. At a special meeting held January 5, 1973, the Safety Commission unanimously opposed removal of this median, stating it would create a safety hazard. Reason for median strip Councilman Egdahl noted that the reason for the median strip was to prohibit businesses from encroaching down J Street, but he felt the Council should be cognizant of the busi- nesses that do exist in this area that have entryways from that street. Motion to reinstate It was moved by Councilman Egdahl that the previous action Council reinstate the action taken once before - that the median divider be removed on a shared-cost basis, as the Texaco Company has agreed (approximately $500.00). No second to motion The motion died for lack of second. Clarence Knight Mr. Knight declared that he failed to see 117 Jefferson Avenue how safety is being enhanced by keeping the median and making the motorists cross six lanes to get into the service station on J Street (lanes on Broadway and J) whereby if the median was taken out, the motorist would only have to cross two lanes on J Street. Mr. Cole, Director of Public Works, discussed the traffic pattern and the signalizations in the area. Motion to accept Safety It was moved by Councilman Hobel and seconded Commission's recommendation by Mayor Hamilton that the Council accept the recommendation of the Safety Commission and deny the request considered at the December 19, 1972, meeting regarding removal of the median strip. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde Noes: Councilman Egdahl Absent: None Abstain: Councilman Scott REQUEST FOR DETERMINATION In a report to the City Council, City OF APPLICABILITY OF THE Attorney Lindberg discussed the adoption CHNNGE IN GENERAL PLAN TO of Resolution No. 6140 which established LARKHAVEN SUBDIVISION, UNIT 2 the policy of requiring a letter of approval from the school districts prior to the adoption of subdivision maps, indicating the adequacy of school facilities to serve a particular development. Resolution No. 6140 is an amendment to the General Plan necessitating the same policy requirements by reliance upon State law, which demands compliance in conformity with the General Plan of the City. Mr. Lindberg referred to the Friends of Mammoth case upon which building permits were being refused. As a result of the City's new procedures on environmental impact reports, however, the subdividers are now applying for those building permits. Larkhaven Subdivision Unit No. 2 has satis- fied all the required elements with the exception of the school fee problems. On December 5, 1972, the Council adopted an amendment to the General Plan which gives a more substantial basis for re- quiring adequate facilities or some other solution to the educational needs in new subdivisions. School fees discussed Questions ensued as to the school fees being charged. City Attorney Lindherg commented that there is a basis for the fees, but that the Council should not get involved in that aspect. Larkhaven Unit No. 1 Councilman Scott questioned whether a build- ing permit was issued for Larkhaven Unit No. 1. City Attorney Lindberg stated a building permit was issued. Mr. Williams, Acting Director of Planning, stated there was no agreement between the school districts and the subdivider for this unit. Mr. Lindberg noted that the permits were issued prior to adoption of the Council resolution. Councilman Scott stated that the Council did place the school condition on the tentative map of Larkhaven, Unit No. 1 and questioned why the building permit was issued. RECESS A recess was called at 8:30 p.m. and the meeting reconvened at 8:50 p.m. Approval of tentative map Mr. Williams explained that the tentative map of Larkhaven Unit No. 1 was approved on March 28, 1972, with no provision for the school sites. This was an oversight on the part of the staff. Mr. Williams noted the letters received from both school districts regarding the school issue. Councilman Scott remarked that the Council placed the school condition on the Rancho Rios Subdivision tentative map (meeting of September $, 1972) and subsequently made a motion that the condition apply also to Larkhaven. Motion to review minutes It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be held over until the next meeting so that the staff can review the minutes of the Council meeting and come back with the condition that the Council did, in fact, put on the Larkhaven Subdivision. Donald Worley, Attorney Mr. Worley stated he is representing Ameri- Seltzer, Caplan, Wilkins & McMahon can Housing Guild and would question the 3003 Fourth Avenue ~alidity of having a condition placed on the San Diego map after a public hearing on the tentative map. Another issue they would raise is whether or not the subdivider has satisfied the condition and whether it is an appropri- ate condition. Also, in the absence of such a condition, whether the particular General Plan change, in accordance with the new ordinance, would be applicable to the building permits. RESOLUTION NO. 6713 Acting Director of Planning Williams submitted APPROVING THE TENTATIVE the tentative map, noting that the subdivision MAP OF LARKHAVEN contains 147 single family lots located on SUBDIVISION, UNITS 3 AND 4 approximately forty acres of ground lying both north and south of Orange Avenue. The Planning Commission recommended approval based on certain conditions. One condition was the requirement of the formation of a maintenance district for the treatment of the landscaping along the rear of the double frontage lots on Orange Avenue. Mr. Williams then reviewed the other conditions as set forth by the Planning Commission. - 6 - Mr. Williams commented on the area of the subdivision lying east of Max and north of Orange Avenue, which is proposed for R-3 development. He noted that if the zoning is not granted and single-family development occurs, it would necessitate access to Orange Avenuo only, and this should be planned as part of the single-family sub- division proposed to the west. The letters from the school districts were noted which indicated they had no agreement with the subdivider regarding the adequacy of the schools. The Planning Commission's recommendations do not contain the condition regarding the schools. Donald Worley, Attorney Mr. Worley stated he is the attorney for the Seltzer, Caplan, Wilkins, McMahon applicant, American Housing Guild. As of 3003 Fourth Avenue December 7, 1972, the City has an ordinance San Diego amending the General Plan requiring provision for public facilities in new developments at such time as they are needed, upon the is- suance of building permits. In view of this, Mr. Worley stated that the City has ample protection regarding the school districts. At the time of applying for the building permits, it would then be appropriate to determine whether or not schools were avail- able. Mr. Norley then discussed the following Planning Commission recommendations (September 19, 1972): 1. Because of the varying slopes along Orange Avenue, there will be a meandering wall and will not match the wall on the opposite side of the street. There will also be a substantial amount of property between the wall and the pro- perty line. They are requesting that the wall be placed at the property line. 3. Landscaping maintenance requirement - The area requested by the staff to be maintained includes a portion of public property (a 10-foot strip). The subdivider feels it would not be fair to create a homeowners district to maintain this section of public property. 5. Pedestrian walkway bordered by six-foot high masonry wall -- they would suggest a five-foot fence, perhaps a chain link. 7. Fence or wall requirement for those properties adjoining the park land -- they would recommend a five-foot height instead of six feet for a fence, perhaps a grape stake. 6. Area lying east of Max and north of Orange Avenue -- Mr. Worley noted the terrain difference of the area and stated the access route proposed by the staff would create a street of substan- tial grade. The subdivider feels that the aligmment proposed is appropriate and the area need not be deleted from consideration tonight. - 7 - Planning Director's comments Mr. Williams substantiated the recommendations as made by the Planning Commission, as dis- cussed by Mr. Worley. Motion regarding modifications It was moved by Councilman Scott, seconded to Planning Commission's by Councilman Hyde and unanimously carried recommendations that the following changes be made in the Planning Commission's recommendations, dated September 19, 1972: Remove Condition No. 6: "All of the area lying east of Max Avenue and north of Orange Avenue shall not be considered at this time because of its relationship with the adjoining property not scheduled for subdividing by this map." No. 7: Height of fence reduced from six to five feet. (Condition will read: "The sub- divider shall submit a fence design for staff consideration for those areas which abut the park site, Walnut Avenue and C Street. The fence shall be a minimum of five feet high, solid fencing with pilasters, and either block or wood to insure a sturdy design.") Added condition: That the subdivider reach an agreement with the school districts in conformance with Resolution No. 6671. Park fees Acting Director of Planning Williams ques- tioned the collection of thepark fees. Councilman Scott stated he would include in his motion that prior to recordation of the final map, the $3S,000 park fee be granted to the City. Councilman Hyde agreed to the second. The amendment carried unanimously. Mr. Worley stated they would agree to this condition and added that they would also transfer the other seven acres to the City upon approval of this tentative map. ORDINANCE NO. 1438 This annexation consists of two Yaeant lots APPROVING ANNEXATION TO located on the east side of Hilltop Drive SAID CITY OF CERTAIN at Center Street, prezoned R-I-10. It was UNINHABITED TERRITORY placed on its first reading at the meeting KNOWN AND DESIGNATED AS of January 2, 1973. CREASER-WARWICK'S HILLTOP DRIVE ANNEXATION - Second reading and adoption Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption ordinance be placed on its 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 Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1439 This annexation consists of two parcels APPROVING HOUSER'S HILLTOP located in the 400 block of Hilltop Drive, DRIVE ANNEXATION - Second each improved with a single-family house reading and adoption and zoned R-i-10. The ordinance was placed on its first reading at the meeting of January 2, 1973. Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption ordinance be placed on its 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 Hobel, Hamilton~ Hyde Egdahl, Scott Noes: None Absent: None REPORT ON TWO-WAY LEFT In a report to the Council, Director of TURN LANE ON BROADWAY, Public Works Cole discussed the TOPICS study "G" TO "H" STREET - which indicated that a two-way left Urn lane DIRECTOR OF PUBLIC was desirable on Broadway to help alleviate WORKS accidents caused by mid-block left turns. The Broadway Association has opposed the two-way left turns because of the need for on-street parking which would be eliminated in front of some smaller businesses along Broadway. However, the Assistant Vice President of the United States National Bank has stated that he has talked to thirteen out of the eighteen businesses on the east side of Broadway and has received positive responses. It is reeonunended that the Council set this matter for a Council Conference. Councilman Egdahl suggested it be placed as an item on a regular meeting. Motion to schedule It was moved by Councilman Hobel, seconded matter for consideration by Councilman Scott and unanimously carried that this matter be scheduled for the Council meeting of January 23, 1975, and that the merchants on the east side of Broadway, from G to H Streets, be notified. REPORT ON LANDSCAPING OF Director of Public Works Cole reported that FREEWAY ACCESS STREETS he contacted the railroad in regard to landscaping the islands, since the islands contain railroad equipment and signals, and they gave approval. Mr. Cole submitted plats showing the islands on E, H and L Streets. He remarked that he talked to the Landscape Architect of the State Division of Highways, and he is checking the right- of-way on L Street as to who has jurisdiction in this area. If the State retains juris- diction, they normally relinquish maintenance of the service of the crossings, but they would maintain the signals and other equip- ment. Mr. Cole would recommend that this island be landscaped along with the Inter- state 5 landscaping which could be done with Gas Tax funds. As soon as he receives the report from the State, he will report back to the Council on this matter. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report of the Director of Public Works be accepted. - 9 - LEAGUE OF CALIFORNIA Mayor Hamilton announced that the monthly CITIES DINNER dinner meeting of the League of California Cities will be held on Thursday, January 18, 1973, at Vacation Village in San Diego, with the City of San Diego being the host city. He asked that the Councilmen make their reservations with the City Clerk. LEFT-H~D TURN SIGNALS Mayor Hamilton questioned the Director of Public Works as to what was being done with the old left-hand turn signals being removed from the intersections of H and E Streets on Broadway. Mr. Cole indicated they would be used for replacements for other intersections. In answer to the Mayor's query, Mr. Cole dis- cussed the cost of signalizing a left-hand turn intersection, indicating the biggest cost would be the controller. He added that he does not have any exact figures, and could submit a report on this. TRUCK MOVEMENTS INTO CARPETTOWN In answer to the Mayor's question, Director of Public Works Cole stated it has come to his attention that the trucks unloading at this business establishment have been ex- periencing difficulties in maneuvering their trucks to the loading docks. He suggested the manager of the business be requested to have the trucks deliver the merchandise at off-peak traffic periods. Motion for study It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the staff make a recommendation as to the use of the old left-hand turn signals for use at the intersection of J and Broadway, (activated by traffic rather than the select computerized system), and submit an estimated price as to the cost. MOTION FOR ADDED ITEMS FOR Mayor Hamilton moved that the following items COUNCIL CONFERENCE be added to the Council Conference scheduled for Wednesday, January 10: (1) Discussion of transit as it relates to the Comprehensive Planning Organization; (2) City Manager's report on a mini-bus system; and (3) City Manager's report regarding transit matters. Motion carries The motion was seconded by Councilman Hobel and carried unanimously. SUGGESTION FOR MODEL OF Councilman Scott commented that he discussed SPORTS WORLD COMPLEX with Dr. Bloom a suggestion to have a model made of his proposed development - for "before" and "after" in order to get a clear-cut picture of the development. Dr. Bloom indicated it would take six months to complete such a model; they presently have one showing the existing area. City Attorney Lindberg stated there is no requirement of the P-C zone that would allow the Council to impose such a condition. - 10- City Manager Thomson commented that the staff could check into this. ORDINANCE REGARDING GAS City Attorney Lindberg, in answer to Councilman VAPOR LIGHTS Scott's inquiry, stated he is meeting with representatives of the San Diego Gas & Electric Company tomorrow, to get a reasonable defini- tion of the type of lighting that the Council would seek to prohibit, and not interfere with public aspects of this lighting. He would have the ordinance ready for the next Council meeting. Otis Pemberton Mr. Otis Pemberton commented that he would San Diego Gas & Electric submit a report to the Council on the different Company types of outdoor lighting and its recommended use in various areas. City Attorney Lindberg asked for a two-week's continuance on this matter. SB 325 Councilman Hobel asked the Council to give serious consideration to the discussion on SB 325 at the Council Conference tomorrow, as this will direct him in his voting on the issue at the CPO meeting to be held on Monday, January 15, 1973. CITY BUS OPERATIONS Councilman Hyde asked if the Council would be receiving a report in the near future on the status of the City bus operations. City Manager Thomson indicated he would have a report on ridership either at the next meeting or the one thereafter. CAMPAIGN EXPENSES Councilman Hyde asked when the ordinance con- trolling election costs would come before the Council. City Attorney Lindberg indicated he just received the final ordinance which the com- mittee in San Diego has worked on. He will incorporate this with the Council's comments made some time ago and have an ordinance ready for Council consideration within the next two weeks, CHANGES TO SIGN ORDINANCE Councilman Hyde inquired as to the status of the changes to the sign ordinance. City Manager Thomson remarked that the staff hasn't been doing too much on it, based on the workload in the department. Acting Director of Planning Williams explained that he has a man working overtime on this project. FILM: "Public Will" Councilman Egdahl asked if the film has been purchased by the City. Councilman Hyde explained that the film has been purchased--he has personally shown it to two of his classes. - 11 - LETTER FROM CARL STRICKL~dqD Councilman Hobel referred to the letter received from Mr. Carl Strickland regarding the length of hair worn by the patrol boys. City Manager Thomson stated he referred this letter to the Chief of Police. He will report back to the Council on this at the next meeting. RESCHEDULING CONFERENCE ITEM City Clerk Fulasz asked permission to re- schedule discussion of the Open Space District-- El Rancho del Rey--toJanuary 24, 1973. It was originally scheduled for a Conference to be set for January 17; however, Apollo 3 has just been set for that date. The Mayor directed that the item be rescheduled for a Council Conference to be held on January 24, 1973. MEETING ON FIFTH TUESDAY City Clerk Fulasz asked the Council if there will be a meeting on the fifth Tuesday of this month. Councilman Hobel felt the Community Forums should be activated for the fifth Tuesdays. Council Discussion ensued as to the merits of having the Community Forums. The Council should plan on having one each quarter, not necessarily on a fifth Tuesday - it could be a Wednesday or Thursday. Mayor Hamilton remarked that he would meet with the City Clerk and schedule another Community Forum. He would report back to the Council as to dates and the location. It was the concensus of the Council that no special meeting would be called for the fifth Tuesday of this month. WRITTEN CO~qUNICATIONS Verified claim for damages - Mr. Clancy has filed a verified claim for August L. Clancy, 464 Inkopah damages in the amount of $354.50. He alleges Street that on December 18, 1972, at ll:00 a.m. the roots in the main sewer line from a City owned boulevard tree caused the sewer to back up into his bathroom and bedroom. Claim denied It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. ORAL COMMUNICATIONS Donald Worley, Attorney Mr. Worley stated he is representing Dale Seltzer, Caplan, Wilkens, McMahon Horton Enterprises. On July 18, 1972, the 3003 Fourth Avenue Council considered the subdivision map of San Diego Windsor View. They withdrew that map at that time, as the Planning staff and Commission felt that this 18 acre parcel along Telegraph Canyon Road was premature at this time. - 12 - The Council, at that time, stated it would consider a reasonable, economical development of this property if the staff did not com- plete the E1 Rancho del Rey plan within a period of 90 days. Mr. Worley asked that preliminary meetings now be set up, in view of the fact that the 90 days has expired. In answer to a letter, Acting Director of Planning Williams remarked that it would still be the staff's recommenda- tion that the property not be developed until further planning in this area has been completed. Request for Council Mr. Worley requested that the Council reaffirm reaffirmation of position its position ~aken on July 18 and direct that the City Manager direct his staff to commence discussions with Mr. Horton and his engineers. He also requested that the staff provide some meaningful suggestions as to the type of development that would be appropriate for this property. Councilman Scott felt that this should go through regular channels - submission of sub- division map. If the Council feels the staff's recommendations are unreasonable, it has the power to overturn it. Mayor Hamilton conunented that this matter would be taken under advisement. Cary Wright Mr. Wright stated he was informed that three 242 East J Street of the Councilmen have gone on record stating that East J Street would never be approved as the main access to the Sports Arena. Mayor Hamilton stated there has been no documented vote by the Council on this issue. Mr. Wright asked the Council to reaffirm its position and eliminate, in the early planning stages, the use of East J Street as a main arterial access to the Arena area. Mayor Hamilton commented that he personally has not ~een enought of the proposal to make a decision on the use of any street. He wants to see the staff's evaluation on this, and reminded Mr. Wright that there will be many other meetings on this subject, at which time he (Mr. Wright) would have the opportunity to ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:25 p.m. to the meeting scheduled for Wednesday, January 10, 1973, at 3:30 p.m. in the Council Conference Room. City Clerk - 13-