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HomeMy WebLinkAboutcc min 1980/07/15 MINUTES OF A REGULAR CITY COUNCIL M~ETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. July 15, 1980 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, Assistant City Attorney Harron, Director of Planning Peterson, City Engineer Lippitt, Director of Building and Housing Grady, Director of Parks & Recreation Hall, Director of Personnel Thorsen, Community Development Director Desrochers The pledge of allegiance to the Flag was led by Mayor Hyde followed by moment of silent of prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Gillow and unanimously carried that the minutes of the meetings of July 8 and 9, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY The following resolutions have been prepared commending various members of the City Boards and Commissions who are retiring from active service: a. RESOLUTION NO. 10188 - Offered by Councilman Scott, the text was read by Mayor Hyde, CO~4ENDING CHARLES passed and adopted by the following vote, to-wit: OFFERMAN - BOARD OF APPEALS (9/28/66 - AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss 6/30/80) Noes: None Absent: None b. RESOLUTION NO. 10189 - Offered by Councilman Scott, the text was read by Mayor Hyde, COb94ENDING RICHARD WELSH - passed and adopted by the following vote, to-wit: BOARD OF APPEALS (4/S/67 - 6/30/80) AYES: Councilmen Scott, Gillow, Hydp, Cox, McCandliss Noes: None Absent: None c. RESOLUTION NO. 10190 - Offered by Councilman Scott, the text was read by Mayor Hyde, COMMENDING GEORGE PLATT - passed and adopted by the following vote, to-wit: CIVIL SERVICE COMMISSION (9/1/64 - 6/30/80) AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None d. RESOLUTION NO. 10191 - Offered by Councilman Scott, the text was read by Mayor Hyde, COMMENDING DORIS COX - passed and adopted by the following vote, to-wit: INTERNATIONAL FRIENDSHIP COMMISSION (9/26/72 - AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss 6/30/80) Noes: None Absent: None e. RESOLUTION NO. 10192 - Offered by Co~milman Scott, the text was read by Mayor Hyde, COMMENDING CLARENCE KNIGHT - passed and adopted by the following vote, to-wit: SAFETY COMMISSION (5/15/75 - 6/30/80) AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None RECESS The Council recessed at 8:26 p.m. to a reception for the retiring Commission and Board members and the meeting reconvened at 8:35 p.m. Held Tuesday - 7:00 p.m. -2- July 1S, 1980 SPECIAL ORDERS OF THE DAY (Cont.) f. OATHS OF OFFICE The City Clerk administered the Oath of Office to Mr. Sherman S. Goodrich, appointed to the Environmental Control Commission/Historical Site Board; and to Mr. Angeleo P. Manese, recently appointed to the Board of Appeals. 3. ORAL CO~NUNICATIONS Mrs. C. J. Cypher Mrs. Cypher discussed accidents occurring at Hilltop Drive 1404 Hilltop Drive and Quintard stating they average one a week during the Chula Vista school year, and one about every 10 days during the summer. She said there are no lights or stop signs on streets going north and south until you reach Orange Avenue and Hilltop Drive, and that people do not look or stop for pedestrians or cross traffic. She requested that the City investigate this problem. Motion to refer to It was moved by Councilman Scott, seconded by Councilman staff and Safety Gillow and unanimously carried that this matter be refer- Commission red to staff and the Safety Commission. Erna Jones Ms. Jones also described the accidents occurring at Hilltop 1402 Hilltop Drive Drive and Quintard involving injuries and expressed her Chula Vista concern for the school children who have to run for safety due to speeding ears. She asked that a three-way stop sign be installed at Hilltop Drive - or a light. Mayor Hyde noted the motion adopted by the Council to refer to staff and the Safety Commission. 4. WRITTEN COMMUNICATIONS a. REQUEST FROM CHULA VISTA The Chula Vista Jaycees requested that the fees be waived JAYCEES FOR WAIVER OF for their second annual Service Clubs Softball Tournament FEES FOR ANNUAL SERVICE to be held in September at General goca Park. CLUBS SOFTBALL TOURNA)~ENT SEPTEMBER 23, 24, 25, 1980 Staff recommended that the $90.00 rental fee be waived and AT GENERAL ROCA PARK that the Jaycees be required to pay the $42.00 personnel fee, which is in keeping with action taken by the Council on similar requests in the past. Motion to approve It was moved by Mayor Hyde, seconded by Councilwoman request as recommended McCandliss and unanimously carried that the request be by staff approved as recommended by the staff, PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES Sa. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde TO CONSIDER THE opened the public hearing for Items 5a and 5b. ESTABLISF~NT OF TYPE "B" UNDERGROUNDING On June 18, 1980, the Underground Utility Advisory Committee UTILITY DISTRICT #113, adopted the proposed boundaries of the Lion Circle Type LION CIRCLE "B" District. 5b. PUBLIC HEARING - On June 2, 1980, the developers of Villa San Miguel Sub- CONSIDERING A REQUEST division requested a waiver of the undergrounding require- FOR VARIANCE FROM REQUIRE- ments for utilities along the entrance road to the subdivi- MENTS FOR UNDERGROUNDING sion, stating that it would require excavation and improve- EXISTING OVERHEAD ment work on private property with the possibility of UTILITIES ALONG LION adverse claims being made and litigation occurring. CIRCLE Held Tuesday - 7:00 p.m. -3- July 15, 1980 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) City Engineer Lippitt noted that his remarks would be addressed to both public hearings as they are inter-related. He discussed the boundaries of the subdivision and proposed undergrounding district and the requirements for under- grounding in accordance with the City Code. H~ noted two letters received, one from Mr. Robert E. Casey, 17 East Cresa Way, stating he has no objections to the formation of the district, and one from Mr. Phil Creaser opposing the granting of any variance or deferral of the undergrounding require- ments. Mr. Lippitt said staff is recommending that the request for the waiver be denied and that the Underground Utility District #113 be approved. Public hearings closed There being no further comments, either for or against, the public hearings were closed. Motion to deny waiver It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the Council deny the waiver request and approve the underground utility district as recommended by staff. 5c. RESOLUTION NO. 10193 - Offered by Councilman Scott, the reading of the text was ESTABLISHING TYPE "B" waived by unanimous consent, passed and adopted by the UNDERGROUND UTILITY following vote, to-wit: DISTRICT ON LION CIRCLE AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. TENTATIVE SUBDIVISION MAP FOR CHULA VISTA Director of Planning Peterson explained that the applicant TRACT 80-14, BONITA submitted a tentative subdivision map known as Bonita Hills HILLS, 1400 RIDGEBACK for the conversion of an existing 94 unit apartment complex ROAD located at 1400 Ridgeback Road in the C-C-P zone into a one lot condominium project. The project was developed in 1978 and includes a swimming pool, recreation area, laundry, storage and parking. Revisions are currently being made to certain units to provide storage and privacy. Mr. Peterson said the development meets the requirements for condominiums and was approved by the Design Review Committee on May 1. The Planning Commission voted 3-3 to recommend approval of the tentative map subject to the conditions outlined by the staff, with differing opinions regarding the requirement to participate in the construc- tion of "H" Street. Mr. Peterson reported that last week the Planning Commis- sion denied a condominium conversion on Orange Avenue and recommended the establishment of a moratorium on condomi- nium conversions, in view of the rental market at this time, in order for staff to study this problem. The recommendation of the staff, Mr. Peterson stated, is to approve the subject tentative map. In response to a query from Councilman Scott, Mr. Peterson informed the Council that staff is checking into the legality and feasibility of having separate zoning for apartments and condominiums. A report will be coming to the Council regarding this study. Held Tuesday - 7:00 p.m. -4- July 15, 1980 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Syd Xinos Mr. Xinos, representing the applicant, stated that the Schwerin, Xinos & Assoc. "goal in the American life style is for as many families 1400 6th Avenue as possible to own their own home," and condominiums are San Diego one means which provide affordable housing to many people. Mr. Xinos spoke against the recommendation to include the project in the reimbursement district for East "H" Street stating that no more traffic will be generated from the area as condominiums than as an apartment unit and the added expense will increase the cost of the housing. He added that should the Council approve the condition, he would ask that it be modified to be more Flexible so a cash deposit will not be required. Public hearing closed There being no further comments, either for or against, the public hearing was closed. In answer to a question from Mayor Hyde, Assistant City Attorney Harron said he feels there are probably alternative methods of securing the improvements on "H" Street. He suggested that this condition be changed to ..."a cash deposit or some other alternative acceptable to the City" so that between now and the time the final map is approved, an alternative method may be developed. Council discussion ensued with staff as to the justification for including the project in the "H" Street reimbursement district. Mr. Lippitt said they will benefit from "H" Street and if they do not share in the district, the costs to other units will be higher to make up the difference. Motion to approve It was moved by Mayor Hyde and seconded by Councilwoman tentative map subject McCandliss that the tentative subdivision map be approved to staff conditions subject to the conditions recommended by the staff. Councilman Cox expressed his concern over the requirement to have the project participate in the reimbursement district for "H" Street and questioned this additional obligation. Substitute motion It was moved by Councilman Cox that Condition No. S be deleted from the conditions of approval recommended by the staff. No second to substitute The substitute motion died for lack of a second. motion Amendment to motion It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried that Condition 5 be amended to provide language recommended by the Assistant City Attorney which would indicate that the developer shall post cash deposit or some other instrument which would be satisfactory to the City to assure performance. Main motion carried The main motion, as amended, carried unanimously. as amended CONSENT CALENDAR Councilwoman McCandliss asked that Item 7 be pulled from the (Items 8 through 11) Consent Calendar. The Council concurred. It was moved by Councilman Gillow, seconded by Councilman Cox and unanimously carried that the Consent Calendar, except for Item 7, be approved and adopted. Held Tuesday - 7:00 p.m. -5- July 15, 1980 CONSENT CALENDAR (Cent.) 8. RESOLUTION NO. 10194 - On July 2, 1980 Creaser & Warwick Development, Inc., and ACCEPTING A GRANT OF John E. and Nancy J. Grubb granted an easement to the City EASEMENT FOR STREET for street tree purposes. The easement provides for a TREE PURPOSES 10 foot wide strip of land along the north side of "F" Street and a 5 foot wide strip of land along the east side ef Garrett Avenue. 9. RESOLUTION NO. 10195 - By Reselution No. 10152 the Council autherized the epening ADOPTING NEGATIVE of an escrow and the conduct of an appraisal for the DECLARATION FOR pessible purchase of a senior citizen housing site on "F" IS-80-31 AND FINDING Street acress from Fire Statien No. 1. In order to satisfy NO SIGNIFICANT ENVIRON- the funding requirements of HUD, certain envirenmental MENTAL IMPACT (ERR-80-3) procedures must be fellowed and it was recommended that FOR SENIOR CITIZEN Negative Declaration IS-80-31 and a Finding of No Signifi- HOUSING SITE ACQUISITION cant Impact ERR-80-3 be adopted. 10. RESOLUTION NO. 10196 - At the adjourned Council meeting on June 26, 1980 the AMENDING RESOLUTION Council considered and appreved medifications to conditiens NO. 10081-A REVISING in Planning Cemmission Resolution PCS-80-15, adopted by CONDITIONS OF APPROVAL Council Resolution No. 10081-A, appreving a 412 acre OF TENTATIVE SUBDIVISION development at 1-805 and "H" Street. The modifications MAP OF HIDDEN VISTA relieve Watt Industries from certain offsite responsibili- VILLAGE (Chula Vista ties for East "H" Street (Hidden Vista Village). Tract 80-15) 11. RESOLUTION NO. 10197 - The Personnel Department reviewed their records stored in AUTHORIZING THE DESTRUC- the former office of the City Attorney in the south wing TION OF CERTAIN PERSONNEL of the Civic Center. It was determined the old applications DEPART~NT RECORDS (more than five years old) serve no further purpose and they requested permission to destroy them. (END OF CONSENT CALENDAR) 7. RESOLUTION NO. 10198 - Bids were accepted on July 8, 1980 for the construction ACCEPTING BIDS AND of street lights on Fourth Avenue under Gas Tax Project AWARDING CONTRACT FOR #118 and on Third Avenue under Gas Tax Project ~84. It THE INSTALLATION OF was recommended that the contract be awarded to Perry STREET LIGHTS ON FOURTH Electric Company, low bidder, in the amount of $32,647. AVENUE ("F" TO "G" STREETS) AND ON THIRD AVENUE ("H" In answer to a question from Councilwoman McCandliss TO "I" STREETS) concerning assurance to the City that the low bidder can perform service for the price quoted, City Engineer Lippitt explained the requirement for labor, material and perfor- mance bonds as the legal method of insuring performance. He also said investigations are made when necessary. Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilweman M¢Candliss, Councilmen Scott, Gillow, Hyde, Cox Noes: None Absent: None RESOLUTIONS ~ND ORDINANCES, FIRST READING 12. ORDINANCE NO. 1914 - The City Attorney reported that as a result of recent State AMENDING SECTIONS legislatien, Municipal Code Seetien 2.48.040 contains out- 2.48.030 AND 2.48.040 dated language concerning signature requirement for peri- OF THE MUNICIPAL CODE tions for annexation. It was recommended that the Counoil RELATING TO THE FORMATION adopt amendments which would make Section 2.48.040 consis- OF COld, UNITY PLANNING tent with the current provisions of the State Government CO~ITTEES - FIRST READING Code and correspondingly reduce the requirement for the initiation of a petition for the establishment of a commu- nity planning committee (making it five percent of the registered voters). Held Tuesday - 7:00 p.m. -6- July 15, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Speaking against 25% Mayor Hyde expressed his belief that planning committees requirement for planning are designed to provide an opportunity for residents of committees areas with a unique identity to preserve that identity. He said he could support a 10% signature requirement, but not 5%. Councilman Scott agreed adding that the Council can form a committee at any time; however, annexations must go through formal state mandated procedures before approval. Motion to change It was moved by Councilman Scott, seconded by Councilwoman signature percentage McCandliss and unanimously carried that those sections of the required for annexations, Municipal Code that pertain to (signature for) state mandated but retain 25 percent areas (annexations) be changed, and those areas pertaining requirement for planning to the community planning committees remain the same (25%). committees Ordinance placed on first It was moved by Councilman Scott, that the ordinance be reading as amended placed on first reading, as amended, and that the reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None CONTINUED 5~TTERS AND SECOND READING OF ORDINANCES 13. RESOLUTION NO. 10199 - At the meeting of July 10, 1980 the Council approved the ~4ENDING RESOLUTION Middle Management compensation Plan with the exception of NO. 10184 RELATING TO Police Captains and requested staff to review and make a THE COMPENSATION PLAN recommendation on Police Captains' compensation. FOR THE MIDDLE MANAGEMENT EMPLOYEES FOR FISCAL City Manager Cole discussed the educational incentive YEAR 1980-81 (Continued provided in the MOU for Police Officers and explained the from the meeting of reasons he did not feel it appropriate to include it in 7/10/80) the benefits of Police Captains as members of Middle Manage- ment. He presented two resolutions to the Council for consideration;one providing a 13~% increase for Police Captains; and oac for 10% increase as the minimum he would recommend in case the educational benefit is approved. He explained the importance of maintaining the 15% differential between Police Captain and Police Lieutenant. Council discussion Council discussion ensued concerning the various aspects of the educational benefits and how they could be applied, the need to maintain equitable salaries for middle manage- ment, the need to maintain internal consistency within departments; and the i~poTtance of considering "positions" and not "incumbents". Education incentive Councilwoman McCandliss questioned increasing the benefit questioned package for Police Captains and not for the rest of the middle management positions. Motion to provide It was moved by Councilman Scott and seconded by Mayor Hyde educational benefits that the Council extend to the Folice Captains the same to Police Captains educational benefits that are enjoyed by the Lieutenants and Sergeants. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Gillow, Cox Noes: Councilwoman McCandliss Absent: None Held Tuesday - 7:00 p.m. -7- July 15, 1980 CONTINUED ~TTERS AND SECOND READING OF ORDINANCES (Cont.) City Manager Cole said that this action awards a fringe benefit to Police Captains and it is still necessary to adopt the resolution establishing their salaries For FY 1980-81. He recommended that this be a 10% increase, making a range of $2,343-$2,849. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, McCandliss, Scott, Gillow, Hyde Noes: None Absent: None 14. RESOLUTION - The President of the Hourly Employees Rights Organization ESTABLISHING THE (HERO) has stated that CV HERO would prefer to take a full COMPENSATION AND FRINGE 10% salary increase if the tim~ and one-half for hard BENEFIT PLAN FOR THE holidays worked is not awarded. UNCLASSIFIED/HOURLY EMPLOYEES FOR FISCAL YEAR 1980-81 (Continued from 7/10/80) Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent. Speaking against Councilman Scott spoke against the resolution, stating he resolution felt certain "full-time/part-time" employees (regular part time employees) deserve benefits, and he would prefer to give them time and one-hal~ for hard holidays worked. Substitute motion - It was moved by Mayor Hyde, seconded by Councilwoman appropriate resolution McCandliss and unanimously carried that the hourly employees to come back be granted ag½%nourly rate increase with time and one-half paid when wor~ing hard holidays {as provided for in the resolution presented on July 10) with an appropriate resolution to come back to the Council for consideration at the next meeting. Motion to develop It was moved by Councilman Scott, seconded by Councilman incentive program for Cox and unanimously carried that during the year, the "full-time/part-time" Personnel Department come up with a plan to present to the employees Council for study - a plan whereby the employees who are not under the personnel standards full time - people working under 20 hours who are in fact employees working for a number of years - over 5 or 7 years or whatever is appro- priate - report to come back for a pro rata type incentive program. 15. RESOLUTION NO. 10200 - The salary increases for the City Attorney, City Clerk and ESTABLISHING THE COMPEN- City Manager will be considered for inclusion in the budget SATION PLAN FOR CERTAIN for Fiscal Year 1980-81 as follows: UNCLASSIFIED, EXECUTIVE EMPLOYEES FOR FISCAL YEAR Current Proposed 1980-81 {Continued from 7/10/80) City Attorney $39,650 $43,050 City Clerk 23,120 25,100 City Manager 44,430 48,240 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, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None Held Tuesday - 7:00 p.m. -8- July 15, 1980 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) 16. REPORT ON REQUEST FOR At the meeting of .July 8, 1980 the Council continued this ENCROACH~ENT PERMIT item and requested that staff (1) look into the discrepan- FOR 462 CAMINO ELEVADO eies in the report as testified by Mrs. Staples, and (2) (Continued form 7/8/80 look into the legal procedure for abandoning the property to make it a part of her lot. Staff report City Engineer Lippitt stated that staff investigation of the discrepancies in regard to the location of the house and the side yard dimensions show they do not impact the encroachment. Mr. Lippitt discussed the necessary procedure if the pro- perty is abandonded by the City. He indicated ownership would revert to the developer, Mr. Charles Lewsader, who has agreed to give up his interest in the property. If the property is acquired by Mrs. Staples, it would be necessary to file an adjustment map showing the new property lines. Suggestion for policy Councilman Scott suggested that rather than grant encroach- ments, a policy be adopted to permit people to buy property and the City use the proceeds to maintain the open space districts. ~otion to approve project, It was moved by Councilman Scott and seconded by Mayor Hyde subject to staff condi- that the project be approved with the stipulation that the tions, with fair market fair market value be paid by the applicant and the proceeds value paid for property be used for the open space district in that area, subject to the conditions of the staff. Mrs. Jerral Staples Mrs. Staples inquired how she could buy the property from 462 Camino Elevado the developer. Bonita Mr. Harron recommended that Mr. Lewsader quit claim the property to the City or to Mr. and Mrs. Staple5 and that a title search be made to assure that he is the current owner. When the quit claim is in hand, the City would in turn abandon the open space. Addition to motion - It was moved by Mayor Hyde that the motion include a motion carried stipulation that all legal expenses involved be borne by the applicant and clearly indicate the responsibility for moving this forward is the applicant's and not the City's. Councilman Soctt agreed to the addition and the motion carried unanimously. Motion for City Attorney It was moved by Councilman Scott, seconded by Mayor Hyde to review ordinance with and unanimously carried that the City Attorney look into regard to reversionary changing the ordinance with the possibility of excluding clause reversionary clauses. REPORT OF THE CITY ~NAGER (None) MAYOR'S REPORT Mayor Hyde said he had received two complaints from golfers that the manner in which the City forces are making repairs to the golf course is incompetent. Golf course included It was moved by Mayor Hyde, seconded by Councilman Cox and in tour for August 9 unanimously carried that when the Council goes on the tour on August 9, that they take a tour of portions of the golf course to see what is happening. No meeting on 7/29/80 Mayor Hyde announced that, in accordnace with the City Charter, no meeting will be held on July 29, 1980 (the fifth Tuesday of the month). Held Tuesday - 7:00 p.m. -9- July 15, 1980 MAYOR'S REPORT (Cont.) Letter from City of Assistant City Attorney Harron referred to a letter received Alhambra requesting from the City of Alhambra requesting Council support in a support in court matter matter before the Supreme Court regarding traffic tickets. Motion for letter to Supreme It was moved by Mayor Hyde, seconded by Councilwoman Court in support of the City McCandliss and unanimously carried that a letter of support of Alhambra re traffic over the Mayor's signature be sent on behalf of Alhambra tickets to the California Supreme Court. COUNCIL CO~qENTS SB 462 (Billboards' Councilman Cox discussed SB 462 (Senator Dills) dealing with compensating owners of ads on outdoor billboards. He said the bill is on the Governor's desk for signature and a telegram has been prepared urging the Governor not to sign the bill - which is consistent with the previous action taken by the Council in opposition to this measure. Motion for Executive It was moved by Councilman Cox, seconded by Councilman Gillow Session and unanimously carried that the Council hold an Executive Session at the conclusion of the agenda for personnel matters. Concern regarding Councilman Scott discussed previous action taken by the proposed developments Council regarding the old Mayfair property at Broadway and that are not built "H" Street. He expressed his concern that zone changes are approved based on proposed plans and development never occurs. He suggested that such approvals be limited in time (2 years). In response to questions from Councilman Scott, Assistant City Attorney Harron stated the Court upheld a case recently on conditional zoning, but only because the proponent con- sented, He said care must be taken to get such consent to make the zoning valid. Motion for staff to It was moved by Councilman Scott , seconded by Councilwoman research conditional McCandliss and unanimously carried that the City Attorney zoning and Planning Bepartment come back with a report on feasi- bility of conditional zoning. Concern regarding Councilman Scott referred to a Court case regarding the principle in regulating skating in Balboa Park where a principle is involved affect- use of sidewalks ins ali cities as the Court held State law preempts local law. He said this is a case that should be watched and perhaps the Council should support San Diego City in any appeal. EXECUTIVE SESSION T1~e Council recessed to Executive Session at 9:20 p.m. for personnel matters. The meeting reconvened at 9:55 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:55 p.m. tO the meeting scheduled for Tuesday, July 22, 1980 at 7:00 p.m. JENNIE M. FULASZ CITY CLERK ~ · Deputy City Clerk