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HomeMy WebLinkAboutcc min 1972/09/19 MINUTES OF A ~EG~LAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 19, 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, Nobel, Hamilton, Hyde, Egdahl Absent: None Also present: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren 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 Hobel, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meeting of September 12, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton announced that Mr. Mendoza called to state he could not make the meeting tonight. PRESENTATION BY CABRILLO Miss Deborah Ann Mitchell, Cabrillo Festival FESTIVAL QUEEN OF STATE Queen for 1972, presented a State Resolution RESOLUTION DECLARING to the City Council, declaring the week of CABRILLO FESTIVAL WEEK September 25 through October 1, 1972, as Cabrillo Festival Week throughout California. PRESENTATION BY BUILDING Mr. Myron J. Dalseth, 114 Guava Avenue, re- CONTRACTORS ASSOCIATION presenting the Building Contractors Associa- REGARDING POLICY STATEMENT tion, discussed the Association's planning ON L~aND USE PLANNING FOR policy for San Diego County. He stated SAN DIEGO COUNTY that citizens should have the opportunity to develop their skills to their full potential, and that community resources should be marshaled to provide an educa- tional system for all citizens to develop their skills, and a program be initiated by public and private interests to assure a continued expansion of job opportunities. PRESENTATION BY SUPERVISOR Mr. Jack Walsh discussed the written commu- JACK WALSH nication received by the Council from Harry F. Scheidle, Chairman, Board of Supervisors, concerning the Comprehensive Planning Organization. He spoke on the three areas of concern: (1) that the County should not have a subordinate role to any other member -- its weighted vote should not be less than any one city; (2) the Comprehen- sive Planning Organization should be recog- nized as an "interim" agency and an in-depth two-year study should be made; (3) the Comprehensive Planning Organization costs should not be identified with population but rather be allocated in proportion to new revenues coming to regional agencies under Senate Bill 325. (Councilman Egdahl arrived at this time - 7:30 p.m.) Council discussion Council discussion followed as to the pro- posals made by the Board of Supervisors. Councilman Scott commented that it was Supervisor Scheidle who, two to three years ago, suggested the weighted formula, lb said~.~r. Scheidle also belatedly stated that he felt the thirteen cities could not get together and, therefore, was not too con- cerned. Councilman Hobel commented that the Policy Committee of CPO was concerned about the fact that the Supervisors come out with a new plan nearly every week and, in the last several meetings of CPO, the Supervisors have not even made an appear- Third level of government Mayor Hamilton remarked that the Supervisors have always been against a third level of government, and here they are tying CPO to tax money, which in essence is making them a third level of government. Councilman Hobel expressed the concern that because of all this controversy, the State will look at this situation with the end product being that the legislative bill will never come to pass. Motion to approve in concept It was moved by Councilman Egdahl and seconded by Councilman Hyde that this Council encourage the County to become part of the joint powers agreement, and the Council register its willingness to endorse, in concept, this two-year study. Council discussion Councilman Scott expressed his concern that the motion reflects CPO as being an "interim agency" and the cities are trying to make it a permanent agency. He asked if they will have to wait now for two years to make this a permanent body. Motion amended Councilman Egdahl amended his motion to add that it is understood that it, in no way, impairs the legislative processes that would make CPO a permanent body. Councilman Hyde agreed to the amendment. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Motion to invite County It was moved by Councilman Scott, seconded to join CPO by Mayor Hamilton and unanimously carried that the City Council invite the County to join with the thirteen cities in CPO, feeling they are an important segment in the County and would appreciate their par- ticipation in CPO. Request for information Mayor Hamilton asked that the comments made by Mayor Wilson to the Legislative Committee be made available to the Council. He felt that the statements made by Mayor Wilson did not indicate that CPO could not become a State Legislative body. Mayor Hamilton added that he would like to receive the exact wording on this and that of Supervisor Boney. This information is to be made available to the Council for the next meeting. - 2 - ORAL COMMUNICATIONS Richard Kau Mr. Kau extended the Chamber's certificate President, Chamber of Commerce of award to Mr. Bruce Warren for the fine services he made to the City of Chula Vista and wished him well in his new endeavor. Randolph West Mr. West stated that it has come to his 271 Eucalyptus Court attention that there is a possibility of having Item #12 postponed (decision of Whispering Trees lighting), and he would like to speak on this. Mayor Hamilton indicated that Mr. West should speak on that item when it comes before the Council. Joyce Marasso Mrs. Marasso stated she is the mother of 1629 Dartmouth Street Mark Marasso whose request to keep his hawk was before the Council at the last meeting. The decision made by the Council was to enforce the ordinance which stated that keeping the hawk was illegal. Mrs. Marasso explained how the bird was kept and cared for. She said she has a valid falconry license from the State Fish and Game Department of the State of California. City Attorney Lindberg explained that the report of the staff and Council action in no way was indicative of a lack of respect for the desire of her son to pursue legal recourses. The question was whether the ordinance should be changed, and the decision of the Council was that it should not. Mark Marasso Mr. Marasso presented the Council with 1629 Dartmouth Street a petition containing 802 signatures obtained from neighbors and students supporting his request to keep his hawk. Motion to refer to It was moved by Councilman Hobel and seconded staff for information by Councilman Egdahl that the staff and the City Attorney review the County ordi- nance regarding this matter, since there is so much County are% especially around the property where this hawk is being kept. The County ordinance is then to be evaluated against this City's ordinance, and see if any reconsideration can be given in this matter. Mayor Hamilton's comments Mayor Hamilton commented that the State Department of Fish and Came should be in- formed that issuing falconry licenses in the City of Chula Vista is a violation of the City ordinance. Motion amended Councilman Hobel amended his motion to include the review of the rationale as to why this City prohibits the keeping of hawks, and whether this was still a valid determination. The amendment was seconded by Councilman Hyde and the motion and amendment carried unanimously. Clint Mathews Mr. Mathews stated he is representing 4305 Vista Coronado Drive the Visitors and Convention Bureau. He declared that on the 13th of this month, - 3 - the Bureau issued a check to the Visitors and Convention Center in San Diego for the amount of $1,221.90, and the Bureau is now requesting a matching fund of $1,221.90, under the terms of the old contract with the City. Motion to refer to staff It was moved by Councilman Scott and seconded by Councilman Hyde that this request be referred to the staff with a report back to the Council. City Attorney Lindberg explained that a resolution would have to be brought back at the next meeting approving the release of the funds which are presently frozen. Council discussion Council discussion ensued as to the report to be made by staff. Councilman EgdM~l noted that the action of the Council at the last meeting was that the amount loaned to the Bureau was to be the last expenditure until their situation was claared up. This is now a request for additional funds, and he would request the staff to analyze this in their report. Motion withdrawn Councilman Scott withdrew his motion and Councilman Hyde withdrew the second. Councilman Scott indicated this was a policy matter -- the question was whether the Council should release an additional $1,200 to the organization; at this time he would be reluctant to do so. No action taken The Council further discussed the re- quest for funds and took no action. City maps Mr. Mathews declared that the Bureau was out of City maps, and they would appreciate any help the City could give th~m on this. Kathryn Moore Mrs. Moore, speaking on behalf of the 1134 Tobias Drive South Bay Citizens Planning Committee, discussed Impact Zoning. A seminar will be held at the Sheraton Harbor Island Hotel on October 26 and 27, 1972 by McGraw-Hill. She urged the Council to send one representative from the Planning Department, one from the Planning Commis- sion and one from the City Council to attend this seminar. Esther Lassman Mrs. Lassman questioned the Council about Rogan Road its action taken in rescinding the reso- lution which declared a wall at the Whispering Trees Apartments a public nuisance. City Attorney Lindberg explained that the action of the Council was to rescind the resolution since the situation was eliminated -- in no way did the resolu- tion make any judgment as to the public nuisance which existed at the time they adopted the original resolution. - 4 - K. Niek Slijk Mr. Slijk invited the Council to a meeting Chamber of Commerce which will be held by the Chamber on Wednesday, September 27, 1972, to which all the businessmen on ~hird Avenue have been invited. The purpose of the meeting is to discuss the proposal to go to parallel parking on Third Avenue. Mr. Cole, Director of Public Works, stated he was called last week on this. He informed Mr. Slijk that he could not attend, nor the could the T~affic Engineer, but his assistant would attend along with the TOPICS consultant, Mr. Krier. Mayor Hamilton felt the Safety Commission should attend this meeting. He commented that the Council wanted to get all this information out to the businessmen first, so that proper response could be made to their questions, rather than having the businessmen obtain"hearsa~'information. Councilman Scott spoke of the lack of communication between the Chamber of Commerce and the City Council, especially where input is being requested and attendance at Chamber meetings. California Downtown Association Mr. Slijk announced that the Fall Confer- Fall Conference ence will be held in Santa Monica on Wednesday, September 27 through Saturday, September 30, 1972. One section of the Conference will be on the formation of improvement districts, and the Chamber is inviting the Council to attend. Mr. Slijk presented the City Clerk with an agenda of this conference. Christmas Parade Mr. Slijk declared that there will be a Christmas Parade this year. Mr. Jack Harper has been made chairman. The only thing the Downtown Association and Chamber will not get into this year is the Christmas lights. Sign Ordinance Mr. Slijk remarked that a draft of a proposed sign ordinance is ready and the Council is welcome to review this. ^ final report will be submitted to the Council within sixty days. William Wappes, Chairman Mr. Wappes discussed the safety problem Safety Commission existing on Third and "F" Street which they presented to the Council several weeks ago. They requested both the Chamber and the Broadway Association to appear at a workshop, but no one from either organization showed up. This small segment (diagonal parking) of the TOPICS Program is what will be discussed by the Chamber at their meeting. Recess A recess was called at 9:10 p.m. and the meeting reconvened at 9:30 p.m. RESOLUTION NO. 6606 - APPROVING Mr. Emerson Hall, Director of Parks and SPECIAL APPROPRIATION OF FUNDS Recreation, submitted a report to the FROM GOLF COURSE REVENUE FUND FOR Council explaining that the amount of PAYMENT OF GOLF COURSE PRO'S SERVICES $7,050 has been enct~bered in this year's - 5 - fiscal budget; however, Council authori- zation is necessary for the required quarterly payments for the professional's services which are based on 4.5% of the actual green fees gross revenues. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION APPROVING AMENDED This second amendment to the agreement AGREEMENT BETWEEN THE CITY AND relates to the termination without cause JOSEPH S. WARBURTON, GOLF PRO paragraph and is reworded to state that the lease may be terminated at any time by either party upon 180 days written notice. Failure to substantially perform in accordance with the terms and condi- tions of the lease shall be the just cause for terminating the Lessor, and the Lessee must give the Lessor 90 days to comply. Councilman Scott indicated he would like to see a lesser amount of time in the termination clause than the six months, for the "failure to substantially perform..." Mr. Emerson Hall, Director of Parks and Recreation, stated he would talk to the Golf Pro and renegotiate this clause. He asked that it be no less than 120 days. Motion to refer to It was moved by Councilman Egdahl, staff for renegotiation seconded by Councilman Scott and unani- mously carried that the staff be directed to bring back a new recon~endation, after negotiations with Mr. Warburton's representative. The staff~sto present Council's desire to set the termination clause at 120 days. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: Mayor Hamilton A~gent: None RESOLUTION NO. 6607 - ACCEPTANCE This project has been completed by the OF THE WORK - CONSTRUCTION OF A contractor, Hubbard Construction Company, PARKING LOT, GAZEBO FOUNDATION in accordance with the contract dated AND SIDEWALK AT PALOMAR PARK July 5, 1972. The Director of Public Works reported that it is necessary to authorize the expenditure of $227.80 from the unap- propriated surplus of the 1971-72 Capital Improvement Program for addi- tional expense due to increasing the quantity of 4" P.C.C. sidewalk with the park. 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 es: one ~sent: None RESOLUTION NO. 6608 - APPROVING City Clerk Fulasz reported that the APPROPRIATION OF FUNDS FOR amount of $19,000 was appropriated in BALANCE OF MUNICIPAL ELECTION the last fiscal year budget for Election COSTS costs; however, the invoice from the Registrar of Voters was $1,937.83 above that cost. This was due to the increased number of voting precincts in the City, plus increased printing costs. Resolution offered Offered by Councilman Egdahl, the reading of the 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 RECOb~ENDATIONS FROM THE The Parking Place Commission notified the PARKING PLACE COF~dlSSION Council, at the previous meeting, of REGARDING THE PARKING its strong opposition to allow free SITUATION AT NORMAN parking to the Senior Citizens at PARK CENTER metered parking spaces in the area of Norman Park Center for those evenings during which special events are scheduled. Motion not to accept recommendation It was moved by Councilman Hyde, seconded by Councilman Egdahi and unanimously carried that the Council notes the recom- mendation of the Parking Place Commission, but the report is not accepted in the sense of accepting their recommendation, until further discussions are held with them on this matter. Included in motion Councilman Egdahl requested that the motion include asking the Parking Place Commission for their rationale for their opposition, and also to ask them for reasonable alternatives. REQUEST FROM PARKING PLACE The Parking Place Commission recommended COMMISSION TO HOLD IMPLEMENTA- that any action on the TOPICS Program TION OF TOPICS PROGRAM ON THIRD pertaining to Third Avenue be held in AVENUE IN ABEYANCE abeyance until such time as this Program is fully explored. Also to be studied is the Safety Commission's recommendation of changing of diagonal to parallel parking on the west side of ~]~ird Avenue from the mid-block crosswalk, south to "F" Street. The Safety Commission had recommended immediate implementation of their recommendation. Request gr~nted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the request be granted. Mayor Hamilton suggested the Parking Place Commission work with the Safety Commission on this program. REQUEST OF SAFETY COMMISSION The Safety Commission requested permission TO FORWARD LETTERS TO ORGANI- to forward letters to various organizations ZATIONS WITHIN CITY REGARDING within the City regarding the very dangerous BICYCLES AS SAFETY H~ARDS safety problems caused by bicyclists on the streets. The City Manager commented in a report to the Council that the Parks and Recrea- tion Department is coordinating efforts with the various organizations and City departments regarding this project and it would be a fragmentation of efforts to have both the staff and Commission working on this same project. Motion to accept City It was moved by Councilman Scott, seconded Manager's recommendation by Councilman Hyde and unanimously car- ried that the City Manager's recommenda- tion be accepted. REQUEST FROM PLANNING COMMISSION Mr. Leslie B.. Rice, Chairman of the FOR CONSIDERATION OF PROBLEMS City Planning Commission, sent a letter RELATED TO NOISE CONTROL to the Council in which he discussed the decibel level of noise in the City, which he claimed is rising each year. He asked that the Council investigate this, determine the local responsi- bilities, and initiate proposals for more effective State legislation. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hyde and unani- mously carried that the report be accepted and referred to staff. DECISION ON ACTION TO BE TAKEN This matter was continued from the meeting ON LIGHTING AT WHISPERING of August 22, 1972, so that a full Council TREES BONITA would be present to take action. Postponement requested It was noted that the Council received a lettez frmn Mr. Peter Shenas, Attorney for Mr. Frank Ferreira, requesting a further postponement. Mr. Shenas stated that his client has undergone surgery and will be confined to bed for a period of approximately two months. City Attorney Lindberg discussed the issue stating the matter is closed and no fur- ther testimony on the matter should be taken. He could see no reason for the Council to grant the request for post- ponement. In answer to the Mayor's query, Mr. Lindberg remarked that Mr. Ferreira stated, through his attorney, that he would make no voluntary changes to the lighting on his premises, as requested by this Council. Motion to take action It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the City Council make a decision on this matter tonight. Councilman Hyde abstained because he was not present at the hearing, nor did he make the field trip to view the lighting situation. City Attorney's comments City Attorney Lindberg explained the determination of a public nuisance, stating it would have to adversely affect "more than one party." If the Council determines that there is a public nuisance at the Whispering Trees Apartments, it would be the obligation of his office to file with the Court a procedure to abate that nuisance. The Court would then have to evaluate whether or not a nuisance does exist. The determination of this Council would be to initiate that action. Motion to file It was moved by Councilman Egdahl and seconded by Councilman Scott that the Council file the action. Randolph West Mr. West discussed his original complaint 271 Eucalyptus Court to the City Attorney in April, 1971, and the amount of time it has taken for the City to determine action in this case. He read excerpts from the lighting ordinance, declaring that the situation at the Whispering Trees was a direct violation of the ordinance and requested that the Council take the necessary action to abate that nuisance. Esther Lassman Mrs. Lassman commented that she lives in Rogan Road the vicinity of this lighting situation. She referred to her call to the City Attorney's office wherein he told her that i: would t~ke more than one party to be affected to have the Council declare the situation a public nuisance. For this reason~ the petition presented to the Council containing 59 signatures was circulated. Bill McMurtry Mr. MeMurtry compared the lights with 255 Rogan Road those on the Coronado Bridge, stating that these gas vapor lights should not be used in residential areas. Motion fails The motion to file the complaint failed by the following vote, to-wit: Ayes: Councilmen Scott, Egdahl NOES: Councilmen Hobel, Hamilton Absent: None Abstain: Councilman Hyde Council discussion Council discussion followed concerning the type of lights used, the luminous effect, and the problem of having the apartments built so close to the homes. Councilman Scott noted that Councilman Hyde abstained because he did not view the lights, and suggested the matter be continued until Councilman ~de could visit this site; in this way, a full vote of the Council could be made. Mayor Hamilton requested the City Clerk to make the tape of the meeting available to Councilm~n Hyde. Motion to continue It was moved by Councilman Egdahl, seconded for one week by Councilman Scott and unanimously carried that this matter be continued for one week for the express purpose of viewing the lights to reestablish the facts. Motion for no further It was moved by Councilman Hobel, seconded testimony by Councilman Scott and unanimously carried that no additional testimony be taken from the floor when this matter again comes before the Council; however, any written communications are to be made a part of the Council's file. Also, anyone has a chance to speak under oral communi- cations. - 9 - ORDINANCE NO. 1417 - It was moved by Councilman Hobel that REZONING PARCEL ON NORTH this ordinance be placed on its second SIDE OF HALE STREET, WEST reading and adoption and that reading of OF HALECREST DRIVE, FROM the text be waived by unanimous consent. R-$ TO R-3-G - Second Reading and Adoption The motion carried by the following vote, to-wit: Ordinance placed on second reading AYES: Councilmen ttobel, Hamilton, Hyde, and adopted Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1418 - It was moved by Councilman Hobel that REZONING PARCEL ON SOUTH SIDE this ordinance be placed on its second OF HALE STREET, WEST OF HALECREST reading and adoption and that reading of DRIVE~ FROM R-3 TO C-O-P - Second the text be waived by unanimous consent. Reading and Adoption The motion carried by the following vote, Ordinance placed on second reading to-wit: and adopted AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1419 - It was moved by Councilman Hobel that REZONING AREA BETWEEN HALECREST this ordinance be plaoed on its second DRIVE AND CREST DRIVE ON NORTH reading and adoption and that reading of SIDE OF TELEGRAPH CANYON ROAD, the text be waived by unanimous consent. WITH THE EXCEPTION OF THE PARCEL AT THE CORNER OF HALECREST DRIVE AND TELEGRAPH CANYON ROAD, ALREADY DEVELOPED WITH A SERVICE STATION, FROM C-C-D AND R-3-D TO C-C-P - Second Reading ~d Adoption The motion carried by the following vote, Ordinance placed on second reading to-wit: and adopted AYES: Councilmen Hobel, Hamilton, t~de, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1420 - It was moved by Councilman Hobel that REZONING PROPERTY ON SOUTH SIDE OF this ordinance be placed on its second TELEGRAPH CANYON ROAD, FROM reading and adoption and that reading of INTERSTATE 805 TO AND INCLUDING the text be waived by unanimous consent. THE PROPERTY AT THE CORNER OF OLEANDER AVENUE AND TELEGPJ~PH CANYON ROAD FROM C-C-D AND R-3-D TO R-3-G-P - Second Reading and Adoption The motion carried by the following vote, to-wit: Ordinance placed on second reading AYES: Councilmen Hobel, Hamilton, Hyde, and adopted Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1421 - It was moved by Councilman Hobel that APPROVING HOLDERNESS "J" STREET this ordinance be placed on its second ANNEXATION - Second Reading and reading and adoption and that reading of Adoption the text be waived by unanimous consent. Ordinance placed on second reading The motion carried by the following vote, and adopted to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None - 10- ORDINANCE NO. 1423 - It was moved by Councilman Hobel that AMENDING SECTIONS 35.401 AND this ordinance be placed on its second 35.403 OF ARTICLE IV, CHAPTER reading and adoption and that reading of 35 OF THE CITY CODE REQUIRING the text be waived by unanimous consent. THE PAYMENT OF THE RESIDENTIAL CONSTRUCTION TAX AT THE RATE FOR MULTIPLE FAMILY DWELLING UNITS UPON THE CONVERSION OF APARTHENT BUILDINGS OR PROJECTS TO CONDOMINIUM OWNERSHIP - Second Reading and Adoption The motion carried by the following vote, to-wit: Ordinance placed on second reading AYES: Councilmen Hobel, Hamilton, Hyde, and adopted Egdahl, Scott Noes: None Absent: None REPORT ON PARKING CONDITIONS Acting City Manager Bourcier reported IN CIVIC CENTER AREA - Acting that he called the Army Corps of Engineers City Manager and received informal approval to use the Post Office parking lot. He directed the Department of Building and Housing to install temporary signs so that this lot can now be used for parking. Also, the Police Department has increased its enforcement of the parking on Memorial Way - the two-hour parking limitation. REPORT ON TRI~qlNG OF EUCALYPTUS Director of Public Works Cole discussed TREES - COUNTRY CLUB DRIVE - the tree trimming along Country Club Director of Public Works Drive. Approximately two years ago, because of protests from the residents, the Tree Maintenance Section was directed to refrain from future trimming in this area, at least temporarily. Mr. Cole presented slides showing the growth of the trees that were severely trimmed at that time. He added that requests are being received from the residents in this area, and since many of these trees require trimming for safety's sake, the Tree Maintenance Division should return and trim the trees as required. Motion to accept report It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted and authorization be given to the Tree Trimming crew to proceed with topping the trees, as deemed necessary to make them safe, recognizing the Council's policy to do everything possible to save the trees. LEAGUE DINNER Mayor Hamilton announced that the next League of California Cities dinner meeting will be held Thursday, September 21, 1972, with National City being the host city. FIESTA PARADE The Fiesta parade will be held at 11 a.m. Saturday, September 30, 1972. Mayor Hamilton commented that the Councilmen have been invited to participate. Ail of the Councilmen stated they plan to attend. 11 - FIFTH TUESDAY MEETING Mayor Hamilton remarked that the City Clerk would like a vote of the Council as to whether or not they plan to hold a meeting on the fifth Tuesday of October. Motion to hold meeting It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that a meeting be held. MEETING REGARDING CABLE An announcement was made by Mayor Hamilton TELEVISION concerning the meeting to be held by the Senate Public Utilities Committee on September 26, 1972, at 10 a.m. in the State Building regarding cable television. He suggested the City Attorney attend this meeting. LETTER REGARDING Councilman Hobel referred to the letter REDUCED GREEN FEES under "Written Communications" from W. B. Currier for Council consideration of reducing the rates on green fees for senior citizens. Referred to staff It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this be referred to the staff for comments. NEW CPO Councilman Hobel commented that the new CPO is now constituted, as of yesterday (September 18). COMMUNITY RECOGNITION AWARDS Councilman Hyde asked that the Councilmen have these recommendations ready tomorrow. WRITTEN COMMUNICATIONS Request from W. B. Currier See above for action on this request. for consideration of reducing rates on green fees for senior citizens Verified claim for damages - Mr. Zinzer has filed a verified claim for Robert B. Zinzer, 3396 Bonita damages in the amount of $30,000 for Woods Drive, Bonita "inverse condemnation" of his property located at 3396 Bonita Woods Drive, Bonita, California. Mr. Zinzer claimed that action by the Board of Supervisors directing the Public Works Administration to solicit options on his property for a proposed regional park, and action of the City of Chula Vista in denying him a building permit for the development of his property has caused said property to be "inversely condemned." Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied. - 12- Request from the County Board This was discussed by Supervisor Jack of Supervisors for considera- Walsh at the beginning of this meeting. tion to revise new CPO Joint Powers Agreement Request of Southwest Lions Dr. William Ashfield, President, is Club for permission to hold requesting Council approval to hold a circus circus at Fourth and F Street on October 27, 1972. The proceeds will assist many of the local youth-oriented organizations in the City. Approval granted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that permission be granted, sub- ject to recommendations of the City Manager. ORAL COMMUNICATIONS There were no oral communications at this time. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 10:55 p.m. to the meetings scheduled for Wednesday, September 20, 1972, at 3:30 p.m. and 8 p.m. City Cle~ - 13-