HomeMy WebLinkAbout1975 10-14 CC MIN166
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
October 14, 1975
The regular meeting of the City Council of the City of National City
was called to order at 7:30 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Camacho, Dalla, Pinson, Reid, Morgan.
Absent: None. Administrative officials present: Bourcier,
Campbell, Gerschler, Hoffland, McCabe, McLean,
PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION
The meeting was opened with the pledge of allegiance to the flag
led by City Manager Bourcier followed with invocation by the Rev.
William Ward, Paradise Valley Hopital.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Reid, the minutes of the regular
meeting of October 7, 1975 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
The Mayor's proposed proclamation, "CALIFORNIA ARMY NATIONAL GUARD/
CITIZEN SOLDIER WEEK," October 22-28, 1975 was presented. Moved by
Reid, seconded by Camacho, the proclamation be approved. Carried by
unanimous vote. Mayor Morgan presented the proclamation to Major
Gary B. Hill and Sergeant W.H. Center.
The Mayor's proposed proclamation, "UNITED NATIONS DAY," October 24,
1975 was presented. Moved by Camacho, seconded by Reid, the
proclamation be approved. Carried by unanimous vote. Mayor Morgan
presented the proclamation to Charles R. Jones.
Mayor Morgan presented a Bicentennial Flag on behalf of the City
Council to Reynaldo Espeneli, President of the Sweetwater High
School ASB. Mr. Espeneli invited everyone to the November 14
homecoming celebration.
MAYOR'S APPOINTMENTS
The Mayor's proposed reappointment of MRS. ALFRED HLAWATSCH to the
Library Board of Trustees was presented. Moved by Camacho, seconded
by Reid, to accept the reappointment. Carried by unanimous vote.
ORAL COMMUNICATIONS
MR. RAN JONES, 1825 Chico, San Diego, property owner in National City
was present and directed questions to the City Manager: (1) define
the term public drainage as it pertains to his property on Fig Court
(For two years he has had nothing but problems concerning drainage.
Last year, in November he learned by letter from the City Manager's
office that he had checked on the property and found that there was
no public drainage, at least not in that particular area, but
Division drains into it, the new freeway drains into it and the
street adjacent, Scott Terrace, drains into it because it has a huge
drain pipe that goes across and drains into it.) Mayor Morgan
explained that the drain has been put in piece -meal fashion up to
now because of the lack of funds to complete it. The City has the
money to complete the drain to Fig now, and when they get the money
they would like to complete the job. Mayor Morgan asked Mr.
Gerschler to find out who is the owner of the surrounding property
and give the Council a report. Another request of Mr. Jones was that
the area receive additional street lights due to vandalism in the
area. Mr. Bourcier asked if he had a particular area, kn intersec-
tion or something where he would like an additional light, and Mr.
Jones replied no. Mayor Morgan said that the Council will check it
out.
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167
HEARING
The CONTINUED WEED ABATEMENT HEARING was held at this time. The
City Clerk's report regarding an incorrect billing was presented
P.P. Ford had been billed for Weed Abatement work done on property
owned by 0.D. Arnold and Sons. 0.D. Arnold and Sons had recieved
no notice from any City Department.) William Wright, Fire Marshall,
was present to report, City Attorney McLean recommended that the
Council affirm the assessment and that the charge against parcel
69-101-05 be absorbed by City administrative costs. Moved by Reid,
seconded by Camacho, in favor of the City Attorney's recommendation
as he read it and the hearing be closed. Carried by unanimous vote.
There was discussion.
ADOPTION OF RESOLUTIONS
Moved by Reid, seconded by Camacho, these resolutions be presented
b title only. Carried by unanimous vote.
Resolution No. 11,872, "RESOLUTION GRANTING A COMMERCIAL PLANNED
DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (Permit No. 70, Gulf
Oil Corporation at 2401 Highland Avenue)." Moved by Pinson, seconded
by Reid, Resolution No. 111872 be adopted. Carried by unanimous
vote.
Resolution No. 11,873, "RESOLUTION GRANTING CONDITIONAL USE PERMIT
NO. 1975-10 TO ALLOW ROOM ADDITION TO WITHIN 10' OF THE REAR
PROPERTY LINE AT 22 LANOITAN AVENUE (Marcelo R. Profeta)." Moved
by Reid, seconded by Camacho, Resolution No. 11) 87 3 be adopted.
Carried by unanimous vote.
Resolution No. 11,374, "RESOLUTION GRANTING CONDITIONAL USE PERMIT
NO. 1975-.6 (Boll Weevil)." Moved by Pinson, seconded by Camacho,
Resolution No. 119874 be adopted. Carried, by the following vote,
to -wit: Ayes: Dalla, Pinson, Reid. Nays: Camacho. Abstaining:
Morgan.
Resolution No. 11,875, "RESOLUTION OF AWARD OF CONTRACT (Improvement
of Grove Street Between 14th Street and Plaza Boulevard)." Moved
by Reid, seconded by Camacho, Resolution No. 11875 be adamted.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Pinson, Reid. Nays: None. Abstaining: Morgan.
Resolution No. 11,876, "RESOLUTION OF AWARD OF CONTRACT (Asphalt
Roadway Materials Contract, Specification No. 873)." Moved by Reid,
seconded by Pinson, Resolution No. 11,876 be adopted. Carried by
unanimous vote.
Resolution No. 11,877, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION (National City Public Works Center)."
Moved by Reid, seconded by Pinson, Resolution No. 11,877 be adopted.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid,
Pinson. Nays: None. Abstaining: Morgan.
Resolution No. 11,878, "RESOLUTION DEFERRING REQUIREMENTS FOR
INSTALLATION OF CURB, GUTTER, SIDEWALK AND ONE r HALF STREET PAVING
ON 29th STREET ADJACENT TO 111 EAST 30th STREET (McMillin)." Moved
by Pinson, seconded by Reid, Resolution No. 11) 878 be adopted.
Carried by unanimous vote.
Resolution No. 11,879, "RESOLUTION ESTABLISHING VOTING PRECINCTS
AND APPOINTING OFFICERS OF ELECTION." Moved by Reid, seconded by
Pinson, Resolution No. 11,879 be adopted. Carried by unanimous vote.
Resolution No. 11,880, "A RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY AN AGREEMENT WITH
CALTRANS TO PERFORM THE 'BAY ROUTE BIKEWAY' PLANNING STUDY.' Moved
by Dalla, seconded by Pinson, Resolution No. 11,880 be adopted.
Carried by unanimous vote.
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168
Resolution No. 11,881, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS
TO FILE A WRITTEN ARGUMENT AGAINST A CITY MEASURE." Moved by Reid,
seconded by Dalla, Resolution No. 11,881 be adopted. Carried by
unanimous vote.
INTRODUCTION OF ORDINANCES
Moved by C.4.macho, seconded by Reid, the introduction of ordinances
for first reading be by title only. Carried by unanimous vote.
Ordinance No. 14a4 (1O/W7g), "An Ordinance of the City of National
City, California, Declaring a Need for a Housing Authority to
Function in the Community and for a Community Development Commission
to Function in the Community and Establishing the Housing Authority
of the City of National City, California, and the Community
Development Commission of the City of National City, California."
Moved by Camacho, seconded by Reid, Ordinance No. 1484 (10/Wq5-4)
be adopted. Carried by unanimous vote.
Ordinance No. 1485 (1WW4g-2), "An Ordinance Amending Ordinance No.
962, Zoning Ordinance of the City of National City, California,
(ZC-4-75, to rezone from TC-PD to R-1 the properties within the
block located between llth and 12th Streets and between 'R' Avenue
and 1-805 Freeway and from R-4 to R-1 the properties within the
blocks located between 10th and l2th Streets and between Palm Avenue
and 'R' Avenue, also the properties east of 'R' Avenue between 9th
and llth Streets)." Moved by Pinson, seconded by Reid, Ordinance
No. 1485 (19/4/W5-Q) be adopted. Carried by the following vote,
to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid.
ORAL COMMUNICATIONS - CONTINUED
JESSE RAMIREZ, 421 East 16th St., was present and said there waS a
community group here who missed Oral Communication but who would
like to address the City Council in a special order of business
outside of the regular agenda. Councilman Camacho, moved that
he be heard. Mayor Morgan asked Mr. Ramirez to continue. Mr.
Ramirez said he had just come from a meeting of the community (in
which about four hundred people were present) at Saint Anthony's
Hall, they met to discuss a very serious situation that has come to
pass in our community, tonight, about six blocks from here a young
man is being mourned by his family and by many community people
who could not come here as they felt they should go pay their
respects at a Rosary that is being said in his honor. Mr. Ramirez
said he was talking about Luis Rivera who was shot in the back by a
police officer Saturday night following an incident wherein a purse
was snatched, and apparently Mr. Rivera was being pursued as a
possible suspect. Mr. Ramirez continued the community met and
instructed him to come here and to address you because of some very
serious concerns that they have; he has lived in National City for
20 years and has seen, and witnessed acts of indiscretion (some
would call them brutality) by the police officers of the City, these
apparently continue without any apparent waning, they seem to be
the policy of shoot first and ask questions later; this is not the
first time a young man, or person, has been shot while fleeing, and
I believe that this is a violation of the Criminal Code of the State
of California and your own policies here that a police officer is
to shoot only when his life is in danger or when other people's lives
are in danger; this is an issue that touches the lives of every
person within the community of National City; young people have
been shot in other areas and we believe that it is time that these
policies come to an end, and that we can no longer tolerate, we will
no longer tolerate this kind of action. Mr. Ramirez said he was
here as spokesman, representing those four hundred people who asked
him to come; and they are asking that several courses of action be
taken: That there be a Grand Jury investigation into the matter;
that all of the facts surrounding the situation be thoroughly
investigated and a public report be made; that the police officer,
his supervisor, and the Chief of Police be immediately suspended,
pending the investigation, further, that the Chief of Police, Chief
Liesman, be fired from his position because he had failed to support
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169
laws and justice in this community. Mr. Ramirez stated, you are
witnessing a feeling of emotionality that is very high and very
near the busting point; we asked people to cool it, we have asked
one more chance that we be given the opportunity to try to bring
justice, but more than that, to try to bring the action and the
policies that will put an end to this kind of action... City
Attorney McLean advised Mr. Ramirez the matter of this person's
death is being submitted to the District Attorney, if the District
Attorney feels there is a basis fsiegoing to the Grand Jury, the
decision will be made by him; we/ not making the decision on our
own as to who was right and who was wrong; there will be an
impartial decision made by people other than the members of the
city government of National City as to whether or not the officer
is guilty of misconduct. Mr. Ramirez asked if the police officer
was still on duty? Mr. McLean said he didn't know. Mayor Morgan
said the request would be taken seriously and we will make a report;
we will take everything you have said under advisement and there
will be a report. Mr. Ramirez asked when they could expect this
report. The City Attorney said the bulk of the investigative
material had already been transmitted to the District Attorney's
office; he understands the balance of the report would go tomorrow.
Mayor Morgan read from an article in the Union Tribune. HERMAN BACA,
405 South Harbison, was present and said Mr. Morgan, it's too bad
you couldn't be at the meeting as per our invitation; it's too bad
you couldn't call and confirm one way or the other, but don't feel
bad, nobody else came either; people have come here to express a
grievance, prople are angry, rightfully so; we want to know what
the City Council is going to do, not Mr. Miller, not anybody else.
We pay our taxes here; we vote here. Mr. Baca said several positions
were unanimously passed by the (ad hoc committee) community: We
have called for a Grand Jury investigation; a man's civil rights,
at the minimum, have been violated; he proposed, on behalf of the
citizens, the taxpayers, that were at St. Anthonys tonight, over
400 inside the hall and more coming out, an independent committee
of citizens from a broad sector of the community be set up by the
City Council to investigate this whole matter; that the Chief of
Police should be fired, and if he's not fired then maybe you guys
should be fired. Mr. Baca continued he believed the people have
come here legally to address a grievance that has been out of
control much too long...if you have no answer, please state it; if
you do have an answer everyone is here, you can either endorse,
you can either go ahead and set up the cross section of citizens'
committee or whatever, but some answers should be given to the
citizens, the taxpayers of National City.. MAYOR MORGAN said he
endorsed a Grand Jury investigation; this Council is in full
sympathy with you and we'll get to the bottom if it and find out
what's taking place; he was just as interested in it as Mr. Baca
was. In answer to Mr. Baca's question would you be in favor if an
independent citizens committee, a cross section of community to
investigate all facts surrounding this matter, the Mayor replied
the District Attorney's investigating, the Grand Jury is
investigating. Mr. Baca said, he thought the people were trying
to tell you, they do not trust the Grand Jury, they do not trust
the Police Department, it was encumbent upon you to represent the
people of National City, so all facts surrounding this matter can
come out and asked the Mayor if he would be in favor of that or
not. The Mayor said he had full faith in the District Attorney's
office, and in the Grand Jury; they'll dig down to the bottom of it.
Mr. Baca asked further questions regarding the Chief of Police and
the Police Department's policies and solicited the opinion of
Councilman Camacho. COUNCILMAN CAMACHO said as a member of the
Mexican community here, he was saddened by what happened; it's a
tragic thing; he wanted this investigation, to get to the bottom
of it; he did not want to see this thing occur again; he had never
been involved in anything like this before and it's just as strange
to him as it was to Mr. Baca and he was learning a lot of things
that I didn't know before. Mr. Baca asked the City Attorney why
this police officer, at least while the investigation is going on,
has not been suspended; was it the policy of the City to become one
of condolence, when the policy of any other city in the State of
California was the suspension of any individual who uses a firearm.
10/14/75
170
CITY ATTORNEY McLEAN said the City does not suspend employees
without a basis; the basis for suspending employees is the reports
of the investigators, when the investigation is completed an
evaluation will be made; in this case, the employee in question is
a -police officer and because the investigating agency is obviously
the City Police Department, the decision as to whether the officer
is guilty of misconduct or not is being submitted to the District
Attorney as an independent evaluator agency; the District Attorney
has told us that he is going to present this material to the Grand
Jury; the Grand Jury is supposed to be a body of citizens not
connected with National City, not connected with any National City
Police Department, representing a cross section of people within the
community, they have nothing in common, no axe to grind, they will
be provided with the facts, if the facts that we present are deemed
to be incomplete, the Grand Jury have the power to order further
investigation through the District Attorney's office, and I am
certain that they will be working with this matter very critically
and very carefully, and you will have an objective, factual,
examination of all of the circumstances concerning this young man's
death; that's where we stand tonight; we're certainly not going
to settle the merits of what happened here tonight; we are making
a very serious effort to collect all of the facts; the police
department's investigative people have been working ever since this
occurred to collect all of the facts, interview all of the witnesses,
every piece of information that we have collected has been trans-
mitted to the District Attorney's office without alteration, or
censorship, or manipulation; anybody here who thinks that they have
factual information relating to this event, that hasn't been
collected by the Police Department, they have a duty to come forward
to the police officers, in the investigating division. In answer
to Mr. Baca's questions, VICE MAYOR DALLA stated this activity took
place late Saturday night, Sunday morning; he wasn't there, he
didn't know all the facts of the case; very few of you know the
facts of the case; the people that wrote the article in the San
Diego Union, Evening Tribune were not there and do not knOw the facts
of the case; there has been a lack of information from a variety of
sources; he could not sit here tonight and pass judgment On anyone
or anything; you people are concerned, and justifiably so and you
are willing to stand in judgment, he was not, and he woulOn't
do it. COUNCILMAN PINSON said in answer to Mr. Bacca he was not
against a Grand Jury investigation; he thought that anything is
good that can come out of that Grand Jury investigation; he was
sure that will even act as a citizen's committee;...they x.re
citizens, let them handle it; that's a cross section of the commu-
nity, the Grand Jury, so what's wrong with that...we have a District
Attorney to handle these things and he is trained in these matters..
Mr. Baca said that's not what they were asking for, they were asking
for the principle of establishing a citizens committee, and
investigating committee, to look into this matter and to look into
some of the others that may come out of this whole ball of wax.
Councilman Pinson said we have a Grand Jury for that; his answer
to a citizen's committee would be no.
A poling girl from the audience spoke, saying this was the first
time that she had come to a City Council meeting, and she didn't
know too. much about how you operate and it's too bad because that
way I can see what's going on; she knew these people, even though
I don't know them in person, they were her people, and she wanted
to express herself to you: there is no way that we could clean
ourselves, emotionally because somebody had died, actually ceased
to live, and we tried to say something to you and it's kind of hard
to understand that a police officer can carry a gun and shoot
somebody and then the next day continue to work and not be suspended,
not be charged with suspicion; she was told in school that a person
is innocent until proven guilty, but you know, somebody sees -you
and there is emotion at least and for some reason it's kind of hard
to believe that, it's hard to believe the people, it really is.
MAYOR MORGAN called a five minute recess at 8:25 p.m. The meeting
reconvened at 8:35 p.m.
10/14/75
171
ROLL CALL
Council members present: Camacho, Dalla, Pinson, Reid, Morgan.
Absent: None. (The City Attorney was not present at this time)
REPORT OF CITY ATTORNEY - None.
REFERRALS
The report of Acting City Manager McCabe on the LIABILITY INSURANCE
coverage for GRANGER MUSIC HALL stating the South Bay Historical
Society Board of Directors has obtained a liability insurance
policy for coverage of said Board in the amount of $300,000;*the
City has advised the Chairman of the Board that their insurance
policy should be changed to include the City of National City in the
coverage; it was indicated that the change would be implemented
effective October 10, 1975. Ordered filed by unanimous vote.
A request for RATIFICATION of STREET TREE AND PARKWAY COMMITTEE'S
approval of removal of 3 Cocos Palms, 8 St. and D Ave., was
presented. Moved by Reid, seconded by Morgan, this be approved and
the City Manager be instructed to move those trees to the_apxk if
possible. Carried by unanimous vote.
A communication from SWEETWATER UNION HIGH SCHOOL District Business
Manager requesting response of City in entering into a JOINT POWERS
AGREEMENT for 1976-77 for the installation of lights and
resurfacing improvements on the multi -use and tennis court
facilities at Sweetwater Union High School; and Director of Parks
and Recreation's recommendation of approval (approximate Capitol
Expenditure for construction $36,000; approximate anticipated
annual cost $4,130) were presented. The City Manager explained
this is only an intent to enter into an agreement. Moved by Camacho,
seconded by Pinson, this be accepted. Carried by unanimous vote.
The City Treasurer/Finance Director's request for RATIFICATION OF
BILLS in the amount of $24,518.80 (Warrants Nos. 52592 thru 52731)
and PAYROLL in the amount of $172,030.25 was presented. Moved by
Camacho, seconded by Reid that this payroll be approved. Carried,by
the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid,
Morgan. Nays: None.
The Director of Engineering and Public Works recommendation to
approve an ENCROACHMENT PERMIT for a 3' high ranch type fence 8'
behind the curb line at 40 South Kenton (Samuel P. Michetti) was
presented. Moved by Reid, seconded by Pinson, that the Engineer's
report be approved. Carried by unanimous vote.
(City Attorney McLean returned to Counsell Chambers and took his.
place at the meeting.)
The City Clerk's Report on opening sealed bids for DIVISION STREET
DRAINAGE, (Cass Construction, Inc. $31,908.76; Canadas & Coulson
$35,050.25; Hydro -Mechanical Co. $44,306.20) SPECIFICATION NO. 845;
and City Engineer/Director of Public works recommendation that low
bid of Cass Construction be accepted, all other bids be rejected,
and $38,100 be appropriated from Revenue Sharing Fund 22 were
presented. The City Clerk stated the affidavit of posting and the
certificate of publication were on file. Moved by Pinson, seconded
by Reid, to approve the Director's recommendation. Carried, by the
following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan,
Nays: Dalla.
The CLAIM of MANUEL S. GUEVARA against the City was presented.
Moved by Reid, seconded by Pinson, that the claim be denied and
referred to the City Manager and City Attorney. Carried by unanimous
vote.
The City Clerk's CERTIFICATE TO THE INITIATIVE PETITION (supplement
filed October 1, 1975 and original petition filed August 27, 1975)
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172
stating the original and supplement petitions were signed by 721
qualified voters; the total number of registered voters residing
within the incorporated area of the City, as certified to the
Secretary of State, on January 3, 1975 was 7,021. Ordered filed
by unanimous vote.
A communication from MELVIN and WANDA BEM, 2705 "F" Avenue,
requesting a Zone Variance to install a 6' chain -link fence on their
property (Council previously approved a fence encroaching on City
property) was presented. Moved by Camacho, seconded by Reid, that
this request be granted. There was discussion. Planning Director
Gerschler said we may have a legal question as to how this can be
accomplished; it is my understanding that any fence higher than
4' within a front yard, set -back area can only be approved by way
of a variance. There was further discussion. Mrs. Wanda Bern was
present and said she had talked to everyone and they said to go to
Council and have Mr. Morgan bring it up; on one side of us there is
a 8' school fence to the Elementary School; across the street for
two blocks there's a 61-61/2' fence for the High School; she talked
to the Superintendent of the Elementary School District about a
year -and -a -half ago hoping the situation would get better (which it
hasn't), and he said put it right up next to their fence, because
of the problems they've had with the older kids from the High
School associating with the younger ones from the Elementary, and
peddling pills, or whatever; that's the situation. Mrs. Bern said
she could give about a dozen reasons why we need this, her nerves
for one; their home sits back on a bank, this area sits down
somewhat but it is our front yard, we would be putting the fence
up to 2' from the sidewalk, no further, and it is just across the
front. The Planning Director, drew a sketch of the property on the
board, showing the existing fences and the proposed fence. There
was Discussion. City Attorney McLean suggested Council grant the
permission subject to conforming to the building code. Included
in motion and second. Carried by unanimous vote.
PETER XANDER, 1845 East 16th Street, National City was present and
said he didn't understand what you did, (Certificate on Initiative
Petition). Mayor Morgan said we confirmed the petition. Mr. Xander
said he had gotten advice from an attorney, and also the State
Attorney General; he turned in an initiative petition, he expected
it to go to a vote, he was before the City Council to have it go
on the general ballot March 2nd, and Council voted to file it;
Council was ignoring a citizen's petition to put the plan to a vote.
Mayor Morgan asked if your petition didn't say a special election.
Mr. Xander replied if you'll check the Election Code the form to do
an initiative petition requires that you say that; he got 10 percent
of the signatures rather than 15 percent and that specifically
prevented a special election from occurring; he did not turn in
enough signatures to call for a special election. However,
according to the elections code, he did turn in signatures to call
for an election with the next City general election, March 2nd.
Councilman Pinson asked if he didn't think the Council has the
prerogative to call for a special election. Mr. Xander answered he
thought the City Council had the authority to do what the citizens
ask them to do. Councilman Pinson said we're calling a special
election. The Mayor stated we're holding an election December the
9th and we recognize your petition. City Attorney McLean said
it's the Council position that the election called for in your
petition has been called. Mr. Xander asked if this election was
legally binding upon the Council, and by that he meant if the
people vote against the shopping center will the shopping center be
stopped? City Attorney McLean stated if the citizens vote in favor
of your initiative, the ordinance which you propose will thereby be
adopted; the petition circulated by you and others calls for
a vote as to whether or not a specific ordinance should be adopted.
Mr, Xander said the people of the City were told by him that he
did not want to spend $7,000 for a special election. The City
Attorney said you asked me a question, and I'm answering it; your
petition, as circulated by you calls for one question and one
queStion only and that is whether or not the ordinande proposed
should or should not be adopted; if the people voting adopt that
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173
ordinance by casting a majority of votes in favor of the initiative
then that ordinance is adopted. Mr. Xander asked if the voters
reject his initiative, (voted to sustain the shopping center), does
the initiative go on the ballot in March. Mr. McLean said in
his opinion, it does not; your petition asked that it be considered
in a special election; it's the prerogative of the City Council
in my judgment -- Mx. Xander asked if this was subject to review
by the Court. The City Attorney said undoubtedly. Mayor Morgan
said you see, the Council has taken the broad view of this action;
you've turned in petitions and we put it on the ballot whether you
got enough or not; you got enough; if you didn't have enough we
still would vote on it; we took a broad view through this voting
and decided we'd put it on the ballot and let the people vote for
it, or against it. DONNA CHASE, 1233 East 7 Street, was present
and said because we did turn in the petition with 10 percent which
according to the Election Code calls for a general election, why
is it necessary to have a special election which will cost the
taxpayers that much more money -- why is it not possible to wait
two or three months and have it on the general election where it
would be brought up to more people in the public; more people would
show up to vote and we would have a larger representation of the
people. Mayor Morgan said that's a good question, now Council
decided whether you got enough signatures or not, we took a broad
view of this election and we decided that there should be an
election; even if you didn't have a petition, we decided to vote on
this December 9th; I think that would satisfy you even if you
didn't have a petition, we said let's have the people vote on it.
There were further questions by Miss Chase which were answered
by the Mayor.
REPORTS
City Manager - None.
A transmital from the Planning Department stating the Planning
Commission recommended the City Council ask the City of San Diego
to consider improving their half of Delta Street from Highland Ave.
to east of Palm was presented. Moved by Reid, seconded by Pinson
that this matter be referred to the City Manager and the proper
departments to investigate and report back. Carried by unanimous
vote.
COUNCIL COMMUNICATIONS - None.
Moved by Morgan, seconded by Camacho, the meeting be closed. Carried
by unanimous vote. The meeting closed at 9:00.
City C41erk
City of National ity, California
The foregoing minutes were approved by the City Council of the City
of National City at the regular meeting of October 28, 1975.
No corrections Ei Corrections as noted below
Mayor
City of National City, California
10/14/75