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HomeMy WebLinkAboutcc min 1972/09/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 26, 1972 A regular meeting of the City Council 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, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Planning Warren, Assistant Director of Public Works Roberts, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of September 19, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mr. Anthony Tieber, newly-appointed member of the Parks and Recreation Commission, was introduced by Mayor Hamilton as the guest commissioner for this meeting. OATH OF OFFICE TO NEWLY-APPOINTED City Clerk Fulasz administered the oath of COMMISSION MEMBERS office to the following newly-appointed commission members: William Carl Berry - Civil Service Muriel Bartlett - International Friendship Doris Cox - International Friendship Adrienne Robas - International Friendship Noel Smith - International Friendship Anthony Tieber - Parks and Recreation Wayne Richards - Safety Joseph Dordahl - Safety RESOLUTION NO. 6609 COMMENDING The City Clerk read the resolution commend- ROBERT F. JOHNSON UPON HIS ing Mr. Johnson for his services to the RETIREMENT AS MEMBER OF THE City during his tenure on the Parks and PARKS AND RECREATION COMMISSION Recreation Commission. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORAL COMMUNICATIONS Mr. Gary Ballard Mr. Ballard stated he is the band director 1167 Del Mar Avenue at Bonita Vista High School and requested Council permission for the band to use the streets in the Southwestern College Estates area for band practice. The formation for competition parade extends to a length of 200 feet and the parking lot at the school is not adequate. Permission granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that permission be granted if it meets with the requirements of the staff. Jerry Linton Mr. Linton asked that Item No. 12 on the American Housing Guild Agenda (ResOlution - Approving Tentative Map, Larkhaven Subdivision Units 3 and 4) be continued for two weeks and then set for a Council Conference. There are several items that have not been resolved at this point, and he must meet with the staff to resolve them. City Attorney Lindberg asked that it be held at a later date in October. Mayor Hamilton indicated he would require more information and a recommendation from the staff before calling a Council Conference. Motion to continue It was moved by Councilman Egdahl, seconded by Coun¢ilm~n Hyde and unanimously carried that this matter be continued to the meeting of October 31, 1972. Steve Kincaid Mr. Kincaid stated he is representing the 946 Broadway Jaycees, and requested a waiver of the li- cense fees for the concession stands that will be operating at the Fiesta parade. Motion to waive fees It was moved by Councilman Hyde that the fees be waived. No second to the motion The motion died for lack of second. Motion for deposit It was moved by Mayor Hamilton that the Jaycees be required to make a deposit to assure having the area cleaned up after the parade. No second to the motion The motion died for lack of second. Motion for waiver and deposit It was moved by Councilman Hyde and seconded by Councilman Egdahl that the fees be waived, but that a deposit of the fees be required to be refunded upon satisfaction of the staff that the facilities have been cleaned up properly. Councilman Scott indicated that the City would withhold some of the money the City gives to the Jaycees. Motion amended It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the motion be amended to state that any costs for clean-up by the City be deducted from the City funds allocated to the Jaycees. Motion to waive fees The motion to waive the fees carried unani- mously. Mr. K. Niek Slijk Mr. Slijk questioned some of the provisions Chamber of Commerce of the bottle ordinance, questioning how much this would cost the City and how it would be implemented. There is a possibility that the City may want to hire an inspector to control the ordinance. - 2 - The Mayor informed Mr. Slijk that the public hearing on this issue is to be held on October 3, 1972, and these comments could be discussed at that time. PUBLIC HEARING (CONTINUED) In a report to the Council, City Attorney AMENDING FRANCHISE FOR Lindberg stated that a number of changes MISSION CABLE T.V. have been made in the existing ordinance: (1) The City Manager's office is given broad authority to regulate and administer the operation of the grantee of the franchise; (2) New franchise would provide for service to public buildings, additional channels to be available to schools and City; (3) ~nual payment to City has been raised from 2% to 3% of the total gross receipts received by the grantee. Mr. Lindberg stated it would be his recommendation to continue the hearing until a certificate of compliance has been issued by the Federal Communications Commission. Motion to continue It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the public hearing be continued as requested by the City Manager until the meeting of November 7, 1972 (until a certi- ficate of compliance by FCC has been received by Mission Cable TV). City Attorney's opinion Mr. Lindberg agreed to the continuance in- dicating that Mission Cable TV would desire to have a Council Conference, as there are many points in the contract that need to be studied and discussed. Gary Hokinson Mr. Hokinson stated there are problem areas Vice-President in the ordinance that they feel would be Mission Cable TV inconsistent with the FCC rules, causing the 1175 No. Cuyamaca Street FCC to take a further look at the certifi- E1 Cajon cate. This could delay certification of the remaining area of Chula Vista, and there is a possibility of their losing the "grandfathering" which permits them to operate in Chula Vista at this time. Councilman Hyde felt there was no need for a Council Conference - that Mission Cable TV should get together with the City Manager and City Attorney, discuss the problem areas, and make recommended changes before the public hearing is held. ORDINANCE AMENDING ORDINANCE (Continued to meeting of November 7, 1972) NO. 882 GRANTING THE NON- EXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, DISTRIBUTING AND SUPPLYING CABLE TELEVISION SERVICE ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CHULA VISTA TO MISSION CABLE T.V., INC. - 3 - PUBLIC HEARING - GRANTING City Attorney Lindberg reported to the GAS AND ELECTRIC FRANCHISE Council that the Public Utilities Commis- TO SAN DIEGO GAS AND ELECTRIC sion of the State of California~ has COMPANY stayed the imposition of a .9% surcharge on the Gas and Electric people, as set forth in their Decision No. 80432 until November 15, 1972, in order to allow the City to adopt a new franchise complying with said decision. Mr. Lindberg reviewed the proposed fran- chise, commenting on the number of items which have been incorporated into the franchise, such as an increased amount for the undergrounding of utilities; require- ment that an administrative manual be prepared cooperatively by the City and Gas and Electric Company; level of fran- chise fee - 2% of gross revenues on gas sales and 1.1% of gross revenues on elec- tric sales. If any administrative or judicial modifi- cation of the ruling of the FCC should come about, this would be cause for renegotia- tion and review of the franchise, within the term of franchise. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. Calendar year questioned Councilman Hobel questioned the use of the calendar year in the franchise rather than the fiscal year. Mr. Hirr explained that they follow a federal practice of the Otto Hirr Federal power commission, ~hich'xu~ing is San Diego Gas and adopted by the Pubiic Utilities Commission, Electric Company using the calendar year. They use the cal- endar yegg for.ali geports: stockholders, profit ~and loss, revenu~ and:miscellaneous governmental reports. They ate willing to work ~th the City~ however, to split ~sy~ents to the City. ~ley ¢outd make a 50% p&yment in August and another ego tn-February. City Manager Thomson indicated the City has a low cash flow in July through December and a prepayment or credit from the San Diego Gas and Electric Company could be helpful. City Attorney Lindberg asked if Mr. Hirr would be willing to include provisions for modifications for payment schedules within the administrative practices. Mr. Hirr stated he is in agreement to having this provision made. Term of franchise Councilm~ Scott questioned the 25-year term. City Attorney Lindberg remarked he had no indication from the Council as to their desires on the length of the term and thereby drew this from the Charter pro- visions. - 4 - Council discussion Council discussion ensued as to the rationale of the reduction in the term of the fran- chise. Motion to change term It was moved by Councilman Scott and seconded by Mayor Hamilton that the term of both the gas and electric franchises be changed from 25 years to 10 years. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: Councilmen Hobel, Hamilton Absent: None Recess A recess was called at 8:22 p.m. and the meeting reconvened at 8:36 p.m. ORDINANCE GRANTING GAS It was moved by Councilman Scott that~ as FRANCHISE TO SAN DIEGO amended, this ordinance be placed on its GAS AND ELECTRIC COMPANY - first reading and that reading of the text FIRST READING be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None ORDINANCE GRANTING It was moved by Councilman Scott that this ELECTRIC FRANCHISE TO ordinance, as amended, be placed on its SAN DIEGO GAS AND first reading and that reading of the text ELECTRIC COMPANY - be waived by unanimous consent. FIRST READING The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman ltobel Absent: None UNANIMOUS CONSENT ITEM: RESOLUTION NO. 6610 - COMMENDING BRUCE H. WARREN The resolution commending Mr. Warren on his UPON THE OCCASION OF HIS services to the City as Planning Director RESIGNATION FROM THE POST was read by the City Clerk. OF PLANNING DIRECTOR Resolution offered Offered by Mayor Hamilton, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Egdahl, Scott, Hobel Noes: None Absent: None RESOLUTION NO. 6611 - ACCEPTING Director of Public Works Cole explained BIDS AND AWARDING CONTRACT that the formal bids were received as follows: FOR CONSTRUCTION OF TRAFFIC SIGNALS, STREET IMPROVEMENTS Perry Electric $165,984.45 AND DRAINAGE FACILITIES AT THE Arrow Electric 172,918.10 INTERSECTIONS OF BROADWAY AND R.E. Hazard 174,869.15 H STREET, BROADWAY AND E STREET Griffith Company 177,168.10 AND FOURTH AVENUE AND C STREET Daley Corporation 178,696.25 The contract includes the installation of traffic signals, street improvements and drainage facilities at the three inter- sections. Mr. Cole reported on the funds budgeted under Gas Tax Projects Nos. 132, 136 and 137, and that expended. He noted that the amount of $33,209.82 was needed as addi- tional financing for this project, which amount can be appropriated from the Gas Ta× funds. It is recommended that the contract be awarded to the low bidder, Perry Electric Company. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6612 - On August 28, 1972, the Planning Commission APPROVING AGREEMENT FOR granted a deferral of public improvements DEFERRAL OF PUBLIC ALLEY relative to the alley adjacent to 335 IMPROVEMENTS ON PROPERTY Church Avenue. This was conditioned upon O~/NED BY THE FIRST posting of a performance guarantee in the SOUTHERN BAPTIST CHURCH amount of $7,000. Dan Cheak, Pastor, re- ADJACENT TO 335 CHURCH quested a lien agreement in preference AVENUE of the posting of the bond. 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. 6613 - On May 6, 1969, Resolution No. 5157, AUTHORIZING EXPENDITURE the City Council approved an agreement OF FUNDS FOR PUBLIC providing for the construction of street IMPROVEMENTS ADJACENT improvements along the north side of East TO SAN SIMEON SUBDIVISION, "J" Streot This paving was to be done UNIT NO. 1 in conjunction with the subdivision improvements, and the City agreed to con- tribute the estimated amount of $4,500. Work has now been satisfactorily completed and the City's obligation of the project is $3,237.28. It is recommended that the Council authorize this expenditure from Section 2106 of Gas Tax funds. 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: N~ne - 6 - RESOLUTION NO. 6614 - On February 13, 1964, the City entered into APPROVING SEVENTH AMENDMENT an agreement with the Montgomery Sanitation TO AGREEMENT FOR USE OF District for the joint use of certain SEWERS BETWEEN CITY OF sewage facilities in an area generally CHULA VISTA, CITY OF SAN between "L" Street and Main Street. From DIEGO, MONTGOMERY SANITATION time to time, the agreement has been DISTRICT AND COUNTY OF SAN amended to allow sewer service to areas DIEGO not included in the originally specified service area. The seventh amendment provides for sewer service to an area north of 0tay Valley Road from just east of Oleander Avenue to the westerly boundary of the Otay'Ranch. 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, Bgdahl, Scott, Hobel, tlamilton Noes: None Absent: None RESOLUTION APPROVING GAS In a report to the Council, Director of TAX PROJECT FOR REALIGNMENT Public Works Cole noted the traffic count OF EDGEMERE AVENUE BETWEEN of the vehicles per day along Edgemere ROUTE 54 AND BAYVIEW STREET Avenue, south of State Route 54, and the AND AUTHORIZING USE OF GAS projected count. To meet the volume of TAX FUNDS traffic, the State has modified its plans for the bridge along Edgemere Avenue from two lanes to four lanes. In this regard, alternative alignments and typical street sections from Route 54 to C Street have been proposed. It is recommended that a gas tax project be authorized under which the City Engineer would acquire necessary right-of-way and construct, with the County of San Diego, the realigned Edgemere Avenue between Route 54 right-of-way and approximately Bayview Street. This project is to be scheduled for completion concurrent with the completion of the State's Edgemere Avenue bridge. A further recommendation of the staff was that a Council Conference be held in late November to discuss street construction priorities and allocation of Gas Tax funds. Council discussion Councilman Hyde noted that the four lanes off Highway 54 would go into a two-lane road on Edgemere and into Second Avenue. He questioned whether Second Avenue will be widened to four lanes. Assistant Director of Public Works Robens indicated this would be done, when and if the traffic demanded it. Councilman Scott stated he would rather have a Council Conference to discuss this whole concept, its impact on Second Avenue and discuss alternatives. Councilman Egdahl commented that he would like information as to how the County arrived at the 27,000 projection figure. - 7 - Conference set It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this item be set for Council Conference on October 4, 1972, at 3:30 p.m. RESOLUTION APPROVING This matter was continued to the meeting TENTATIVE ~u~P, LARKHAVEN of October 31, 1972. SUBDIVISION, UNITS 3 AND 4 RESOLUTION NO. 6615 - In a report to the Council, the Director FINDING THAT CERTAIN of Public Works discussed the proposed PARK DEVELOPMENT WORK park developments. He recommended that MAY BE PERFORMED MORE City personnel be used to direct an or- ECONOMICALLY BY CITY derly and expeditious development of the FORCES parks (Hilltop-Telegraph Canyon Park, Norman Park and Halecrest). Unique timing and coordination of these projects require direct supervision by. the Land- scape Planner, Director of Parks and Recreation~ and supervisory Parks and Recreation field personnel, along with present PEP personnel. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None PLANNING CO~ISSION RECON~ENDATION This recommendation was referred back to CONCERNING AMENDMENT To FLOOI~ the Planning Commission for report, after PLAIN ZONING REGULA,TIONS it failed to pass by a Council vote of two to two, with one Councilman absent. The Commission reported that they were referring specifically to those areas already zoned for non-residential use in the Flood Plain, for delegation to the Zoning Administrator. Contin~d permits subject to standard conditions are granted by the Planning Commission where alignment for the Flood Control Channel has been established. Motion to approve It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that the recommendation of the Planning Commission be adopted -- the matter relating to the approval of conditional use permits in the flood plain be handled by the Zoning Administrator and further, that the amendment be referred back to the staff for the development of standards and the designation of the geographic area in which this procedure could be utilized. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Cmancilman Scott Absent: None DECISION ON LIGHTING AT This matter was continued from the meeting WHISPERING TREES BONITA of September 19, 1972, in order that the Councilmen may again view the lights at the apartment complex in order to reestablish the facts. - 8 - Councilman Hyde stated he did visit the site and reviewed the tapes of the meeting held on this subject. Motion to declare public nuisance It was moved by Councilman Hyde and seconded by Councilman Hobel that the condition be declared a public nuisance and that appro- priate legal action, on the part of the City, be instigated. Councilman Scott remarked that he made this field trip with Councilman Hyde. They viewed the lights from a location up the road, and it was obvious from this location that th~ lights in the large parking lots were by far the most brilliant. He feels that this area affects more than just one person and is, therefore, concurring with the motion. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Scott, Hamilton Noes: Councilman Egdahl Absent: None RESOLUTION NO. 6616 - This resolution was continued from the APPROVING AMENDED AGREEMENT meeting of September 19, 1972, in order BETWEEN THE CITY AND JOSEPH for staff to meet with Mr. Warburton, S. WARBURTON, GOLF PRO explaining Council's proposal to change the termination clause in the contract from 180 days to 120 days. Mr. Warburton has agreed to the 120-day clause. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None REPORT ON PARKING ENFORCEMENT The Council referred to the detailed report IN THE PARKING DISTRICT submitted by the City Manager in which he recommended the hiring of a Parking Control Officer. The salaries for this proposed class are to b~ consistent with other munici- palities; a three-wheel motor scooter is to be used; and the individual is to be bilingual and a shift differential is to be applied to the position. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON CHAMBER OF City Manager Thomson referred to the ~eport COMMERCE BUILDING submitted to the Council. It is the option of the Chamber to leave the building or not, but it would be the recommendation of the City Manager to offer the Chamber the sum of $2,000 for the building, and it could be utilized by the Field and Traffic Engineer sections, and possibly for PEP operations. - 9 - Motion to accept report It was moved by Mayor Hamilton and seconded by Councilman Hobel that the report be accepted. Discussion Councilman Scott indicated it would be more appropriate to negotiate with the Chamber first, before putting any dollar amount on the building. Councilman Hyde noted that this building would be for temporary facilities. K. Niek Slijk Mr. Slijk declared the Chamber has not put Chamber of Commerce a dollar amount on the building -- the letter addressed to the City stated they would like to see an appraised value. Amended motion Mayor Hamilton stated he would amend his motion to leave the dollar amount off. Councilman Hobel stated he would not agree to the second. Mayor Hamilton stated he would then not make the amendment to the motion. Motion amended It was moved by Councilman Hyde and seconded by Councilman Scott ~hat the $2,000 figure be deleted from the motion. Amendment carries The amendment carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hamilton Noes: Councilmen Hobel, Egdahl Absent: None Main motion carries The main motion to accept the City Manager's report without the dollar figure carried unanimously. STATUS REPORT ON AUDIT City Manager Thomson detailed the amount OF VISITORS AND CONVENTION of work this audit is taking. The employee ~UREAU currently assigned to this task has to re- construct the records of the Bureau for the past three years. A check with the Police Department indi- cates the investigation is still in process; however, to date, there has been no criminal violation. Interim report accepted It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that the interim report be accepted. Approval of appointment City Manager Thomson asked the Council to of Acting Planning Director approve his appointment of Normal Williams as Acting Planning Director, until such time as a permanent appointment is made. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that Norma~ Williams be appointed as Acting Planning Director. REPORT CONCERNING COUNTY'S City Attorney Lindberg explained that ORDINANCE RELATING TO THE both the City of San Diego and the County KEEPING OF HAWKS - CITY of San Diego do not prohibit the keeping ATTORNEY of hawks if the person has a falconry license. - 10 - The City Manager reported to the Council that the City ordinance does prohibit the keeping of hawks, and if the Council desires to allow the hawk to remain, it will be necessary to revise the City ordinance. Motion to amend ordinance It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City ordinance be amended so that the keeping of hawks will not be prohibited, and the enforcement of the present ordinance be deferred (or not implemented) until such time as the modified ordinance is adopted. City Attorney L~mdberg commented that if complaints are received pertaining to any noise relating to the hawk, the City would have to take steps to prohibit this. COUNCIL CONFERENCE Mayor Hamilton announced that a request has been received from the Director of Planning to cancel the Council Conference scheduled for Wednesday, September 27, 1972, at 3:30 p.m. Mr. Warren indicated he has been unable to get in touch with the gentleman from the Wild Life Fish and Game Department. As soon as he is contacted, a date will be set. Mayor Hamilton indicated that a Council Conference is scheduled for October 4, 1972, and asked Mr. Warren to try to arrange the scheduling for this date. INTERVIEWS FOR YOUTH CO~ISSIONERS Mayor Hamilton reminded the Council that they will have an adjourned regular meeting on Thursday evening, September 28, 1972, beginning at 7:00 p.m. to interview appli- cants for the Youth Commission. COMPREHENSIVE PLANNING ORGANIZATION Mayor Hamilton referred to the speeches presented by Mayor Wilson and County Board of Supervisors Chairman Scheidle regarding the Comprehensive Planning Organization. It would be the recommendation of Mayor Hamilton that this Council follow the guidelines as proposed by Mayor Wilson, rather than those of Supervisor Scheidle. Councilman Scott commented that this was the action taken by the Council at the last meeting. REVENUE SHARING Councilman Scott discussed a newspaper article in which several cities indicated they would use the revenue sharing money to lower their tax rate. It would be his suggestion that a list of priorities be set up for the utilization of these funds to be treated the same as capital outlay funds. If money is set aside for a period of three years, the City could build a library without the need for any tax increase or bonded indebtedness. - 11 - Mayor Hamilton indicated he agreed with the concept and would like to see priorities established for the use of this money. Councilman Hyde agreed, noting the money could be put into a holding account until the Council is aware of the total financial picture. INVESTIGATION OF DRAINAGE Councilman Hyde referred to the correspondence AREAS received from the Army Corps of Engineers in which they stated their plans call for a concrete channel from Interstate 805 to the Bay, with a portion being an earth- bottom channel downstream from Interstate 5. Councilman Hyde added that he would not want to see a cement channel go through Hilltop-Telegraph Canyon Park or other areas along this route. Motion for staff to respond It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff prepare a response to this letter indicating that this Council may have other views, rather than the concrete channel along Telegraph Canyon Road. Mr. Robens, Assistant Directer ef Public Works, remarked that a citizens group has been formed by the Army Corps~of Engineers. They met last Wednesday (September 20). Mr Robens further added that the staff has been communicating with the Co~s on this matter, and will write the response to the letter. RESIDENTIAL-CON~ERCIAL USE Councilman Hyde discussed his recent tour of the City and felt that consideration should be given to modifying the zoning ordinance to consider encouraging joint residential and commercial development in certain areas of the City. There should be a provision in the C-C and C-B zones whereby commercial development would allow residential use on the upper floors of the buildings, such as office buildings. Mr. Warren, Director of Planning, explained this is permitted in the C-B and C-O zones. He felt there should be a planned unit development process that would be available in the commercial, as well as residential, zones. SIGNS AT POLLING PRECINCTS Councilman Egdahl discussed having the City staff post and remove signs at polling places. He felt this was a costly program and would demand a great deal of staff time. Mayor Hamilton suggested the staff contact the Registrar of Voters to post these signs. Helfelt that the $100 the City would spend on the signs was a small price to pay in order to get greater citizen participation in voting. - 12 - EXECUTIVE SESSION It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Council recess to Executive Session, after Written Communications, for personnel and litigation purposes. REQUEST TO CLOSE STREET Councilman Hobel requested permission to close off the 600 block of b~ission Court on October 1, 1972, from 4:00 p.m. to 8:00 p.m. for an annual block party. Motion to grant request It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that permission be granted. Councilman Hobel abstained from voting. ORAL COMMUNICATIONS Mark Marasso Mr. Marasso thanked the Council, the City 1629 Dartmouth Street Attorney and the City Manager for recon- sidering and voting to change the ordinance allowing the keeping of hawks. ORAL COMMUNICATIONS Discussion was held by Council on having "Oral Communications" at the beginning and end of the Council meetings. Motion to hold at end of meetings It was moved by Councilman Scott and seconded by Councilman Egdahl that "Oral Communica- tions'' be held only at the end of the Council meetings. The motion carried by the following vote, to-wit: AYES: Councilman Scott, Egdahl, Hobel, Hamilton Noes: Councilman Hyde Absent: None WRITTEN COMMUNICATIONS Verified claim for damages - ~{r. Chapman has filed a verified claim Robert Dale Chapman for damages in the amount of $35.00. He 241 Talus Court claimed that on August 1, 1972, at 11:15 a.m. he was driving along Marl Street and Talus Court when he swerved his car to avoid hitting a boy on a bike and his car landed in a drainage hole. Motion to deny It was moved by Councilman Hobel, seconded by Councilman Scott and una~,imously car- tied that the claim be denied so that Jt can be turned over to the City's insurance carrier for investigation~ Request of Broadway Association Mr. Glen James, President, stated that regarding proposed two-way the Association has met with the staff left turn lane on Broadway to discuss the proposed two-way left turn land for Broadway from C to L Streets, as recommended in the TOPICS report. They recommend that no change be made, and another study be presented to them after the co~uterized traffic signals are fully in operation, and both Interstate 5 and Interstate 805 are completed. Request noted This request was noted by the Council. - 13- Request from Downtown Association Mr. Ken Wessel, President, Downtown for planting of tree at Association, requested a replacement for 234 Third Avenue the tree in front of Bennett's Refrigera- tion and Appliance Store at 234 Third Avenue which was destroyed due to an automobile accident approximately one year ago. Motion to refer to staff It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously car- ried that this be referred to the staff for action, with a notation that it be at least a 15-gallon tree. Request from Attorney James Mr. Miller is recommending deletion of E. Miller for deletion of condition No. 9 of Resolution No.6140 condition of Resolution of determining that the effect thereof No. 6140 as proposed by the local school districts is not applicable to his proposed Planned Unit Development on Horton Hill. 14r. Miller cited the various communications sent and received from the school districts and the letter from the Director of Planning in which Mr. Warren indicated that the presence of condition No. 9 would have no financial impact since no increase in residential density was sought or granted. Motion to refer to staff It was moved by Councilman Hobel and seconded by Councilman Hyde that this be referred to staff. Councilman Scott felt this was a Council policy and should not be referred to staff. He remarked that the Council will be con- fronted with numerous requests for excep- tions to this policy. The Council adopted a policy and it should be up to the school districts to interpret what that means. T~e developers should talk to the schools and not the City Council. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Hamilton Noes: Councilmen Scott, Egdahl Absent: None EXECUTIVE SESSION The Council recessed to Executive Session at 9:45 p.m. and the meeting reconvened at 10:25 p.m. McALPINE CONSTRIlCTION COMPANY It was moved by Councilmm] Scott, seconded by Councilman Hyde and unanimously carried that the liquidated damages against McAlpine Construction Company be dropped. DEPUTY CITY ATTORNEY It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that the City Attorney's recommenda- tion be accepted affirming the position of Deputy City Attorney in the City staffing and the budget for this position be approved. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:27 p.m. to the meeting scheduled for Thursday, September 28, 1972, at 7:00 p.m. C~ty Clerk