Loading...
HomeMy WebLinkAbout1974 01-08 CC MIN1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 8, 1974 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, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Foster, Associate Planner Gunnarson, McLean, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Assistant City Manager Stenberg followed with invocation by the Reverend Reginald Berry, First Congregational Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of December 18, 1973 be approved. Carried by unanimous vote. MAYOR MORGAN requested Council consideration at this time of the drainage problem at Peach Blossom and Cherry Blossom; usually these things come at the end of the agenda, but these people are here. Mayor Morgan said there is mud in their swimming pools; some of these people cannot get out of their driveways; there is a lot of damage in this area; it is caused by the development behind Peach Blossom in the City of San Diego; these people want to be protected; the exist- ing drain will not carry the loose dirt; water has come into some of the homes; he weld like them to know what the City is doing about this problem and asked Mr. Stenberg to report. Assistant City Manager Stenberg said over the weekend, on Sunday and on Monday evening as well as during the regular workday on Monday, City crews were out in that area; on Peach Blossom and Cherry Blossom and Honey- suckle Lane adjacent to the City of San Diego where a subdivision is presently under construction, City crews have attempted not only to clean up the public right-of-way, but in some cases sandbag and clean up certain drainage areas to the rear of properties o•n Peach Blossom. Mr. Stenberg reported further that at the request of Mayor Morgan on December 18, staff was directed to contact the City of San Diego where the subdivision is located as well as the developer, the Chilcote Construction Company; the staff has contacted the counter- parts in the City of San Diego, those who have the responsibility of regulating this particular subdivision - the Public Works Director, a member of the Engineering Department and a City inspector and a representative of the Chilcote Company; the City inspector and a representative of the Chilcote Company accompanied National City staff on an inspection tour at which time certain things were pointed out that the City of National City would like to happen; the last contact was made as late as today when the City staff went out and surveyed the damage that was done by the mud and debris coming out of this subdivision across the boundaries; the staff has requested the developer to take certain action; staff has asked for cooperation from the City of San Diego staff who have the authority to control the measures to hold back the mud and water during the rainy season: this is still in process; the meetings have not been concluded; the contractor has begun to assist in cleaning up the debris. There was discussion in regard to corrective and clean up work performed other than by City crews, the liability of the contractor and the City of San Diego and whether or not the City should bring suit against the City of San Diego and the contractor. Mr. McLean said the con` ractr 1/8/74 2 reputation in the community is pretty good; there is no evidence, at this point, to assume he is not going to do what he has to do to protect the adjacent property; he said he would consider lining the ditch as a protective measure. Mayor Morgan said he was concerned about this and on the 18th Council authorized the City Manager, City Engineer and the City Attorney to protect the people and their property and asked does staff have the authority in that motion to bring a law suit to stop this if it comes to that. City Attorney McLean said he understands the Council's desires that the mud stop sliding and the rain stop falling and the debris stop running down into National City; the staff is doing what they feel is expedient to that end; it is not a simple problem; they are doing their best to help the people of National City...There was further discussion. Moved by Pinson, seconded by Camacho, Council instruct the Cil Manager to contact the developer and the proper people in the City of San Diego to take immediate action to alleviate the problem. Carried by unanimous vote. Moved by Pinson, seconded by Reid, the City Attorney take appropriate steps to recover any monies the, City of National City has expended on this because this is not of our making; it is the making of an outside entity. Carried by unanimous vote. Moved by Waters, seconded by Pinson, the City Attorney be allowed to give the residents of that area advice in relation to that problem out there. City Attorney McLean said he cannot represent these people but would be happy to answer any questions. Councilman Waters said this is what his motion is all about; to tell them they can come here and you will answer their questions. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS MRS. SALINAS, 3703 Peach Blossom, was present and said she talked to different people, one told her it was National City's responsibility to have this drain; someone else told her it is their problem to drain their property; the rain is not just in her area; it is all over; and the water on their property is not just from the rain falling out of the skies; it comes from somebody else's lot, not theirs; it comes from a San Diego lot. City Attorney McLean said if you feel the developer of the neighboring property is responsible for your injury, you should bring suit against him; you could either do that in Small Claims Court or oche rwise..Mrs. Salinas said she wants (a remedy) for the whole neighborhood; she is not too concerned about cleaning the swimming pool; her kids can do it; she wants the bank taken care of; she does not want to sue anybody; she is con- cerned about everyone, not herself alone. Assistant City Manager Stenberg said the City staff has requested the contractor to line the ditch or install concrete drainage from the back of Mrs. Salinas' property; the contractor has not yet agreed to do so; he has indicated he will consider this; he does not know what the dimensions are; if he consents to do this, Mrs. Salinas along with other owners may be called upon to give him an easement for the drainage channel; the staff will keep in touch with the developer and keep after him to make a decision there. There was discussion in regard to the drainage in the area. The Mayor said the motions made tonight will clear this matter up; if it does not, he will call a Special Meeting for additional action if required. Mrs. Salinas outlined damage done in the neighborhood. Mayor Morgan asked the Assistant City Manager to advise these people as soon as he finds out about this ditch. Mr. Stenberg said they would all be informed as an easement will be required. Moved by Reid, seconded by Waters, the City crews go out there and clean these streets up and the City of National C put in for the money for the salaries and so forth and if we get it all right and if we do not, well1it can go to court. Carried by unanimous vote. 1/8/74 3 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these resolutions be presented by title only. Carried by unanimous vote* RESOLUTION NO. 11,259, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Hoover Avenue)." Moved by Reid, seconded by Pinson, Resolution No. 11,259 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,260, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Redevelopment Agency)." Moved by Waters, seconded by Reid, Resolution No. 11,260 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,261, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (26th and 28th Streets)." Moved by Pinson, seconded by Reid, Resolution No. 11,261 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,262, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-8-73, 605 East Sixth Street, Leticia Camacho)." Moved by Waters, seconded by Pinson, Resolution No. 11,262 be adopted Carried by unanimous vote. RESOLUTION NO. 11,263, "Resolution Accepting Work and Authorizing Filing of Notice of Completion (Palm Avenue Unit I, Specification No. 780 and Palm Avenue Unit I I , Specification No. 781) ." Moved by Reid, seconded by Pinson, Resolution No. 11,263 be adopted. RONALD COULTER, 1410 Palm Avenue, was present and said there on Palm Avenue where a new wall was built and his new blacktop driveway installed, he has contacted the City Inspector, Mr. Baker, several times on the type of concrete used and oil drained into the blacktop prior to the blacktop curing thereby leaving several bad areas; also quite a bit of cleaning needs to be done around the property; the blacktop did not cover the wall that was standing at the time the project was started; they made a 45-degree angle incline up to the base of the wall and it did not cover the complete base of the wall; there are three items: (1) cleaning up of the general area, (2) repairing the blacktop that has been eroded by oil dripping and general clean- ing up and (3) the packing up of the concrete base. Moved by Waters, seconded by Pinson, to amend the motion to hold this up one week until the City crews can go out there and give Council a report. Carried by unanimous vote. RESOLUTION NO. 11,264, "RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY, PROVIDING FOR THE USE OF CHULA VI STA' S POUND FACI LI T) S AND SERVICES:' Moved by Pinson, seconded by Reid, Resolution No. 11,264 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,265, "RESOLUTION OF AWARD OF CONTRACT ("0" Avenue and 14th Street Sewer Construction, Specification No. 782)." Moved by Reid, seconded by Camacho, Resolution No. 11,265 be adopted. Mayor Morgan said some of his relatives own a house there; he has no financial interest, and asked the City Attorney if he has the right to vote on this resolution? City Attorney McLean said yes. Carried by unanimous vote. RESOLUTION NO. 11,266, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 11,113 APPROVING THE SALARY !LAN, ESTABLISHING PERSONNEL CLASSIFICATIONS AND ADOPTING SALARY SCHEDULES FOR THE 1973-74 FISCAL YEAR." Moved by Camacho, seconded by Reid, Resolution No. 11,266 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,267, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF PERMANENT PAVING FOR ONE-HALF THE STREET WIDTH AT 1523 ' E' AVENUE (Melchor Cristobal)." Moved by Camacho, seconded by Waters, 1/8/74 4 Resolution No. 11,267 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,268, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF GUTTER AT 37 NORTH 'Ut AVENUE (Sarah Villalpando) ." Moved by Waters, seconded by Camacho, Resolution No. 11,268 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,269, "RESOLUTION 6UTHORIZING EXECUTION OF CONTRACT FOR STREET LIGHTS IN E. J. CHRISTMAS BUSINESS AND INDUSTRIAL PARK I." Moved by Reid, seconded by Camacho, Resolution No. 11269 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,270, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY EMPLOYEE' S FEDERAL CREDI T UNION . " Moved by Camacho, seconded by Waters, Resolution No. 11,270 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 11,271, "RESOLUTION ADOPTING EMERGENCY OPERATIONS PLAN FOR THE CITY OF NATIONAL CITY, CALIFORNIA." Moved by Pinson, seconded by Reid, Resolution No. 11,271 be adopted. Carried by unanimous vote. HEARINGS The HEARING on proposed ordinance to adopt the UNIFORM FIRE CODE, 1973 Edition and the appendix thereto was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. City Attorney McLean said the proposed Uniform Code is a moderniza- tion of the existing Uniform Fire Code; public notice of our intent to adopt this code was given; so far as he is aware, there are no interested parties. No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the proposed ordinance to adopt a Uniform Fire Code, 1973 edition and the appendix thereto be approved. Carried by unanimous vote. The HEARING to consider AMENDMENT TO ZONING MAP TO REZONE FROM R-4-PD, H-35 (Residential planned development with 351 height limit overlay) TO R-1 (single family residence) the R.-4-PD, H-35 zoned properties south of 4th Street between THELMA WAY and SHELL AVENUE and revocation of Planned Development Permit No. 34 (ZC-16-73) was held at this time. City Clerk Campbell stated the Certificate of Publication and the Affidavit of Mailing Notice of Hearing are on file. The Planning Department transmittal stating the Planning Commission recommended the Zone Change be approved and Planned Development Permit No. 34 be revoked was presented. Assoc. Planner Gunnarson said the property was rezoned to R-4-PD from R-1 in 1967 to accommodate plans for a proposed convalescent hospital at this site; in 1967 and 1971 the City Council approved a planned develop- ment permit for the convalescent hospital with a stipulation that plans be submitted within a two-year period; the Planning Commission recommended in favor of revoking the permit and rezoning the property to R-1. WAYNE GRAYSON, 1523 Putterbaugh, San Diego, representing Mr. Sedlack, owner of the land, was present and said they had originally planned to develop this property as a convalescent hospital; due to illness the owner had to delay these plans; the Planning Department requires improvements which would cost $80,000, or $5,000 per lot, should this property be developed as R-1 property; he feels R-1 development would not be economically practical; the convalescent home he proposes would benefit the City of National City; his proposed development would provide legal access to homes on Thelma Way which they do not currently have. Councilman Waters said the homes surrounding this property are R-1; the City needs more R--1 homes; there are only two possible R-1 areas. in National City. Mr. Grayson said the cost of the homes would be too expensive; 1/8/74 5 they would have to leave the land vacant. Councilman Waters said he feels people would pay $30,000 to $40,000 for a home in that area. PAUL PETERSON, Attorney representing Mr. Sedlack, owner of the prop- erty, was present and said the property in its current zoning establishes a plan compatible with the neighborhood; he urged Council not to rezone the property at this time, but delay the action for 6 months to allow the property owner to develop the original plan; this plan would make the property productive to, the City; the water tank in the area would not be beneficial in an RN1 area. There was discussion in regard to going to R-1 at this time and when the plans are ready, a zone change considered at that time; the additional cost to the owner (if the property were zoned R-1 and a later zone change requested) of initiating the change and the Environmental Impact Report; possibility of apartments being built if the present zoning was not changed; and whether or not the first reading of an ordinance and the second reading could be six months apart. No one else was present in this regard. Moved by Waters, seconded by Pinson, the public hearing be closed and the amendment to the zoning, map to rezone from R.-4-PD, H-35 to R-1 single family residence be aprproved with all recommendationsand stipulations of staff be adhered to and Planned Development Permit No. 34 be revoked. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. The HEARING to AMEND ZONING REGULATIONS TO ADD THERETO SPECIFIC PROVISIONS ALLOWING "TRADE SCHOOLS" IN COMMMERCIAL ZONES, including development standards and use limitations related thereto was held at this time. City Clerk Campbell stated the Certificate of Public - cation is on file. The Planning Department transmittal stating the Planning Commission recommended Ordinance No. 962 be amended to provide specific provisions to allow trade schools in the C-3-A, General Commercial and less restrictive zones, and that Section 8-B of Ordinance No. 962 be amended by adding a new paragraph 5 as shown in staff's report and the Planning Director's statement that this amendment will allow "Trade Schools" in the C-3-A and all "M" zones which is consistent with other communities was presented. Assoc. Planner Gunnarson said trade schools are not now specifically pro- vided for in the zoning ordinance; this code amendment would allow trade schools as permitted use in the C-3-A and less restrictive zones subject to the issuance of a conditional use permit which would require public hearings before the Planning Commission and City Council and final approval by the City Council. Council discussed the proposed amendment. No one was present in this regard. Moved by Waters, seconded by Morgan, the hearing be continued to March 19, and the matter be referred back to the Planning Commission to seuaa criteria to follow. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. The HEARING to AMEND ZONING REGULATIONS to add thereto specific provisions to ALLOW PROFESSIONAL OFFICE BUILDINGS as a separate enterprise in the C-2-A, SPECIAL LIMITED COMMERCIAL ZONE, including development standards and use limitations related thereto (A-19-73) was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. The Planning Department transmittal stating the Planning Commission recommended approval of the amendment to zoning regulations to allow professional office buildings as a separate enterprise in the C-2-A, Special Limited Commercial zone was presented. Assoc. Planner Gunnarson said the amendment would allow office buildings in the C-2A, Limited Commercial Zone, subject to the approval of location and plans by the Planning Commission and the City Council. No one was present in this regard. Moved by Camacho, seconded by Reid, this hearing be closed and the amendment to the zoning regulations to add thereto specific provisions to allow professional office buildings as a separate enterprise in the C-2-A zone be approved with all stipulations. Carried by unanimous vote. 1/8/74 6 The HEARING to AMEND ZONING REGULATIONS to add thereto specific provisions allowing "RESIDENTIAL CARE HOMES"IN MULTIPLE FAMILY RESIDENCE ZONES, including development standards and use limitations related thereto (A-15-73) was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. The Planning Department transmittal stating the Planning Commission recommended Ordinance No. 962 be amended to provide specific provisions to allow "Residential Care Homes" in the C-2 zone as recommended by staff and the Planning Director's statement this amendment is necessary to satisfy State Law governing "Residential Care Homes" and was initiated in response to an inquiry by National City Fire Department was pre- sented. Assoc. Planner Gunnarson said the amendment would provide for Residential Care Homes, a use that is not now specifically provided for in the C-2 and less restricted zones; Convalescent Homes and Rest Homes are also allowed within that zone; a Residential Care Home would be a unit that would have 6 or more patients or boarders; if there were five or fewer people in a home, it would qualify as a family unit under the definition of the zoning code and in that case it is already allowable in the residential zone. There was discussion. No one was present in this regard. Moved by Waters, seconded by Pinson, the public hearing be closed and the zoning ordinance and regulations be amended to include development standards and use limitations related thereto and all stipulations of staff be adhered to. Carried by unanimous vote. The HEARING on the AMENDMENT TO THE GENERAL PLAN to agree with existing zoning [ Change land use designation of northeasterly corner of property at southerly side of 3700-3800 blocks of Sweetwater Road from "Low Density Residential" to "Commercial, Recreation and Tourist" (GP-8-737 was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. The Planning Department transmittal stating the Planning Commission recommended the Kantor property be rezoned from C-2-PD to R-4-PD excepting therefrom the northeasterly corner (approximately 2 acres) as described in legal description; also, a General Plan amendment to show said corner for "Commercial, Recreation and Tourist" use and the Planning Director's statement the General Plan change is necessary to make it consistent with the existing C-2-PD zoning as required by State law was pre- sented. Assoc. Planner Gunnarson said this would bring the General Plan into conformance with the zoning map; when this particular case was before Council before, Council approved the zone change; this would just clean up the GeneralNgl em*Rstf ra Mtl n fR'?rd. the zoning map in accordance with AB 1301,E There was discussion. Moved by Camacho, seconded by Reid, this hearing be closed and the General Plan be amended to agree with existing zoning changes on the ro ert at the southerl side of 3700 and 3800 blocks of Sweetwater Road from low density residential to commercial and that all Planning Commission's recommendations be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. The HEARING to consider an AMENDMENT TO THE GENERAL PLAN to provide for residential usage and assign a density limit to the "ASSEMBLIES OF GOD" property north of Plaza Boulevard south of 9th Street between "M" and "N" Avenues (GP-7-73) was held at this time.. City Clerk Campbell stated the Certificate of Publication is on file. The Planning Department transmittal stating the Planning Commission recommended that R-4-PD zoning and medium density residential (8-15 units per acre) designation be applied to this property was presented. Assoc. Planner Gunnarson said this was previously before the City Council; the City Council has recommended in favor of rezoning to R-4-PD on this property; the Planning Commission recommends that the General Plan be amended to designate the area for residential use and they further recommend that a density factor of 8 to 15 units per acre be applied to the property. DON WORLEY, 3003 Fourth Avenue, San Diego, Attorney for the Assemblies of God Church, was present and said on December 4, of last year, he appeared before Council on 1/8/74 7 behalf of his client to request a change of zoning to R-4 and a General Plan designation change from Commercial to Multi -Family Residential with a high density designation, that is 16 to 30 dwelling units per acre; it was their impression at that hearing that all of these were approved by Council; he invited Council's attention to that hearing on December 4; he presented at that time to Council for consideration an illustrative plot plan showing what they felt would be a reasonable development for this property; that plot plan showed the development of 23 dwelling units per acre on that property; this density of 23 dwelling units per acre was lower than any of the developments, apartment projects in the immediate vicinity of that area; Council was pleased with that particular plan and very pleased with their revelation at that time that Mr. Leonard Greaser, a well-known and reputable builder in National City, would possibly be the buyer and developer of that property; he recalled that Mayor Morgan went so far as to say that they had better build according to that plot plan or he would not approve the plot plan at a later date; Council even directed a question to Mr. Greaser, who is present tonight, asking if he could live with that kind of plot plan; he thought it was clear from the hearing and from the record that this Council's desire was to see that property developed sub- stantially in accordance with that plot plan showing 23 dwelling units per acre; based upon that hearing, and relying on that, his clients entered into an agreement to sell the property to Cal -Home Development, Inc., a corporation of which Mr. Greaser and Mr. Albee are the principals; now they are faced with a Planning Commission recommendation and if it were adopted by Council it would not only impose an unreasonably low density limitation in view of the develop- ment in the immediate area but it would throw that plot plan Council was interested in out the window; with the lowering of the density, he thinks an economical development of that property would not be possible; their estimate at this time is that the land development costs alone would be approximately $25,000; thrasimply cannot amortize that kind of cost over a lower density>tiat which they have proposed on their plan and still come out with an attractive develop- ment which would be of benefit to the City; his clients, the Assemblies of God Church, simply want to sell the property to benefit the Church; Mr. Greaser and his partner, Mr. Albee, of Cal - Home Developments want to build an attractive development for the City of National City and to do that they need Council to reaffirm basically Council's actions of December 4 and to confirm that what is needed for this particular property is high density multi -family residence designation, 16 to 30 dwelling units per acre. There was discussion. City Attorney McLean said he has mentioned before; he and Mr. Greaser have had a business relationship for a number of years which does not involve this property in any way, shape or form. LEONARD GREASER, 30 East 24th St., National City, was present and said he has put $5,000 down and put this property in escrow with the assumption from Council's actin en December 4; they had no idea it would come back up again; he does/know why it did; he thought it was all settled. Mr. Gunnarson said the action of City Council on December 4 modified the Planning Commission recommendation; State law requires that in such cases it has to be referred back to the Plan- ning Commission for report and recommendations. Mr. Greaser said he plans to go with the 32 units. No one else was present in this regard. Moved by Cainacho, seconded by Reid, the hearing be closed and the amendment to the General Plan to provide for residential usage and assign a density limit to the Assemblies of God property be approved with a density of 23 units per acre on this change of zoning per the decision of December 4. There was further discussion of density; that Council was considering high density on the property; there is no zone in this City that says 23 units per acre; there is low density, medium density and high density; high density goes up to 30 units per acre; there is no law to provide for Council to specify (23 units); and that by specifying high density, up to 30 units per acre might be built on the property. City Attorney McLean 1/8/74 8 said Mr. Worley is not the representative of the developer of the property; he represents the seller of the property; he is not repre- senting the people who are buying the property; he represents the people who are getting rid of the property; he is not suggesting that Council cannot trust any one; he just wants Council to understand that when someone comes in with a plan they do not like, there is nothing the City Attorney can do; he does not want Council to look at him and say, when someone comes in with a plan 6 months from now, "Why didn't you warn me that when I heard 23 units, it didn't mean anything,"...Council is saying it does not approve of its having to conform with the City law; the law you are applying to this piece of property allows up to 30 units per acre; that is the motion. Leonard Greaser addressed the Council saying he has been in this City all his life; he went to grade school, junior high and high school here; he has a business in the town; he is going to be here the rest of his life; he is going to try to do some more building in this City; he wants to build 32 units on that piece of property and that is his guarantee. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. Vice Mayor Pinson asked if the law of National City can be changed reflecting an intermediate zoning between medium and high? City Attorney McLean said this comes up again and again; this is the problem; you have an R-4 zone and R-4 has criteria for development, certain setbacks, certain open space and certain park- ing; someone who is advocating a zone change to R-4 comes in and says if Council will change this to R-4, this is what he thinks he would like to build: he shows you a nice picture; if we change the zoning to R-4 and he does not come with a plan that looks like that pretty picture he showed Council, are we going to allow a building permit? Council became concerned about density and said, "let's have density contrd " Council adopted another part of the zoning ordinance that has three densities; low, medium and high; within each density designation there is a range; as it stands now, if Council puts high density on a piece of property, you can go up to the upper range of what Council's own law says high density allows; there is no present law that says Council can pick a number in the range and say, "this is the density for this particular piece of property;" you don't have that. There was discussion in regard to additional density designations. Moved by Pinson, the Planner work something out and bring something back to Council and use 6 densities for the criteria. Motion died for lack of second. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Waters, ordinances be presented to Council for second reading by title only. Carried by unanimous vote. (Planning Director Gerschler arrived and took Mx. Gunnarson's place at the meeting at 9:00 p.m.) ORDINANCE NO. 1398 ( 1A/3/73 -- ]) , "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1973 EDITION AND THE APPENDIX THERETO, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTAB- LISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, AND REPEALING ORDINANCE NO. 1322 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH." Moved by Pinson, seconded by Camacho, Ordinance No. 1398 be adopted. Carried by unanimous vote. ORDINANCE NO. 1399 (12/18/73-1) , "AN ORDINANCE AMENDING ORDINANCE NO. 962 ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALI FO RNIA (ZC-17-73, to establish C-3 zoning on the properties at the south- westerly corner of 30th Street and Highland Avenue, designated 'Keegan, et al Annexation.')." Moved by Waters, seconded by Camacho, Ordinance No. 1399 be adopted. Carried by unanimous vote. 1/8/74 9 ORDINANCE NO. 1400 (13/18/74-2) , "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING NATIONAL CITY ZONING ORDINANCE NO. 962, TO ADD OPEN SPACE ZONING REGULATIONS AND APPLYING SAID OPEN SPACE ZONING REGULATIONS TO CERTAIN PROPERTY WITHIN SAID CITY." Moved by Waters, seconded by Pinson, Ordinance No. 1400 be adopted. Carried by unanimous vote. ORDINANCE NO. 1401 (12/18/74-3) , "AN ORDINANCE AMENDING NATIONAL CITY MUNICIPAL CODE TO ELIMINATE THE REQUIREMENT FOR PRIVATE PATROLMAN'S IDENTIFICATION CARDS." Moved by Reid, seconded by Camacho, Ordinance No. 1401 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. ORDINANCE NO. 1402 (12/18/73-4), "AN ORDINANCE REQUIRING CONSTRUCTION AND MAINTENANCE OF FENCES ADEQUATE TO CONTAIN ANIMALS." Moved by Pinson, seconded by Reid, Ordinance No. 1402 be adopted. There was discussion. LAWRENCE GARCIA, 3019 E. 18th St., addressed the Council asking if dogs might be restrained by chain if individuals were unable to afford the cost of expensive fencing. Mayor Morgan said that would be proper. There was further discussion. MR. SCOTT, 1417 Palm Avenue, was present and said Council took a broad view of animals and stated you cannot keep a cat in with any kind of fence. Mr. Scott was assured the ordinance pertained to dogs only. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. REPORT OF CITY ATTORNEY Two items were listed on the Agenda under Report of City Attorney: (1) Memo relative to current legislation regarding conflicts of interest and financial disclosures and (2) Memo regarding claim of Great Western Savings & Loan Association (City Attorney recom- mended the Mayor be authorized to execute settlement agreement pursuant to listed terms and conditions). City Attorney McLean said the second part of his report required Council action. Moved by Waters, seconded by Reid, in favor of the City Attorney's recommen- dation the Ma or be authorized to execute settlement a reement pursuant to terms and conditions. Carried by unanimous vote. Councilman Waters asked the City Attorney about current legislation regarding conflict of interest; there has been considerable dis- cussion to where it appears that it is really almost impossible for a businessman to serve on the City Council; it has been understood by some people that if you had any dealings like selling a $250 or $300 machine or calculator to someone, would that bring him in conflict of interest if that individual was before Council? Mr. Waters said many of the people who have appeared before Council have bought at least $250-300 worth of merchandise from him at one time or another; according to that that would be a conflict of interest; it's almost impossible for a businessman to run without its being a conflict of interest. City Attorney McLean said he did not think someone purchasing an item from the store and coming before the City Council would qualify; the person would have to want something; there would have to be some sort of economic relationship with the person himself because of some on -going business connection; you would then have improper conflict. The City Attorney said he had not tried to dictate, he did not know everything about this Council... the members of the group...he said he saw no problems, he thought this Council had been more perceptive of...cognizant of the problems than most councils; he wrote a memo in which he tried to summarize, and he thought his ability to summarize was as good as anybody's is, and his summary was five pages long; and now he was being asked to condense that...there are a couple of bills in the State Legislature that we hope will clarify some of the problems. 1/8/74 10 APPROVAL OF BILLS AND PAYROLL. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $53,695.90 Traffic Safety 2,559.96 Parks 1,741.17 Retirement 27,708.02 Gas Tax 2106 11,111.16 Special Street 614.00 Drainage 1,601.08 Sewer 438.54 Total $99.469.83 Moved by Camacho, seconded by Reid, the bills be paid and warrants drawn, Carried by the following vote, to-mit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $127,695.97 for the period ended December 31, 1973, was presented. Moved by Pinson, seconded by Camacho, the payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None, UNFINISHED BUSINESS The City Clerk's report on the opening of sealed BIDS for the construction of the RECREATION BUILDING, KIMBALL PARK, Specification No. 785 (laid over at the December 18 meeting), the City Engineer's recommendation the bid of C & L Construction in the amount of $163,733.00 be accepted and all other bids rejected and the Park and Recreation Director's recommendation the low bid of C & L Construc- tion be accepted and his suggestion that additional funds required for the total project be obtained through encumbering revenue sharing allotment for fiscal 1974-75 were presented. Planning Director Gerschler stated the Planning Commission had a hearing last night on the ENVIRONMENTAL IMPACT REPORT for both the Recreation Building and Park Road, Kimball Park, and before the bid is awarded the Council should by separate motion accept the Commission's Impact Report and order the filing of a Notice of Determination. Moved by Pinson, seconded by Reid, in favor of the Planning Director's recommendation to accept and to file a Notice of Determination on the Environmental Impact Report. Carried by unanimous vote. Moved by Waters, seconded by Pinson, we accept the bid of C & L Construc- tion in the amount of $163,733.00 for the Recreation Building in Kimball Park. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the Resolution be presented by title only. Carried by unanimous vote. RESOLUTION NO. 11,272, "RESOLUTION OF AWARD OF CONTRACT FOR THE RECREATION BUILDING, KIMBALL PARK, SPEC. NO. 785." Moved by Camacho, seconded by Reid, Resolution No. 11, 272 be adopted. Carried by unanimous vote. The City Clerk's report of opening of sealed BIDS for the constructial of PARK ROAD, KIMBALL PARK, SPEC, NO. 786 (laid over at the December 18 meeting) and the City Engineer's recommendation the low bid of R. E. Hazard Contracting Co. in the amount of $16,955.72 be accepted and all other bids be rejected and the Park and Recreation Director's recommendation the low bid of R. E. Hazard be accepted and his suggestion the additional funds required for the total project be obtained through encumbering revenue sharing allotment for fiscal 1974-75 were presented. Planning Director Gerschler stated Council approved the ENVIRONMENTAL IMPACT REPORT for both projects when the RECREATION BUILDING PROJECT was under consideration. Moved by Waters, seconded by Camacho, we accept the bid of R. E. Hazard Co. 1/8/74 11 in the amount of $16,955,72 for that road. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson, Reid. Moved by Camacho, seconded by Waters, the Resolution be presented by title only. Carried by unanimous vote. RESOLUTION NO. 11,273, "RESOLUTION OF AWARD OF CONTRACT, PARK ROAD, KIMBALL PARK, SPEC. NO. 786." Moved by Camacho, seconded by Waters, Resolution No. 11,273 be adopted. Carried by the following vote, to wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. NEW BUSINESS The CONSENT CALENDAR, items la through 1p were presented: (a) Letter from U.S. Senator Tunney regarding Environmental Pro- tection Agency's Transportation Control Plan for California and stating he received many protests; (b) News release from San Diego Gas & Electric Co. stating that engergy curtailments leading to a loss of revenue could result in rate increases for consumers; (c) News release from San Diego Gas & Electric Co. stating SDG&E and Southern California Edison companies filed a lawsuit Dec. 20 to gain approval of planned expansion at the San Onofre Nuclear Generating Station; (d) News release from San Diego Gas & Electric Co. stating on Dec. 19 they received approval from the Public Utilities Commission for two rate increases totaling $23.1 million a year; (e) News release from San Diego Gas & Electric Co. reporting on hearing Dec. 19 before Public Utilities Commission where they testified that a statewide mandatory curtailment of electric service would be unfair, so long as SDG&E was able to serve its customers' needs; (f) Assistant City Manager's recommendation 12/3/73 minutes of Casa de Salud Advisory Board meeting be filed without further action (minutes attached); (g) Assistant City Manager's recommendation 12/18/73 minutes of Casa de Salud Advisory Board meeting be filed without further action (minutes attached); (h) Assistant City Manager's recommendation 11/19/73 minutes of Senior Citizens Advisory Committee meeting be approved and filed without further action (minutes attached); (i) Assistant City Manager's recommendation 12/5/73 minutes of Library Trustees meeting be approved and filed without further action (minutes attached); (j) Assistant City Manager's recommendation 12/19/73 minutes of Civil Service Commission be approved and filed without further action (minutes attached); (k) Assistant City Manager's recommendation 12/13/73 minutes of Park & Recreation Advisory Board be approved and filed without further action (minutes attached); (1) Assistant City Manager's recommendation 12/17/73 minutes of Senior Citizens Advisory Committee be approved and filed without further action (minutes attached); (m) Items to be filed with the City Clerk: (1. Cert. of Ins. from Transport Underwriters Assn., L.A., covering Western Gillette, Inc., et al, Policy #40 08 14; 2. Cert. of Ins. from Argonaut Ins. Co., Menlo Park, covering Meri-Rick Corp., Santee, Policy #CC20-305089931, re Improvement of Div. St. from Highland Ave. to Gilbert Lane; 3. Cert. of Ins. from Nat'l. Automobile & Casualty Ins. Co., covering Am. Towing Inc., Policy #3OGLA 64200; 4. Cert. of Ins. from Thompson -Powell Co., Covina, covering Schaefer Ambulance Service, L.A., Policy #71C212942; 5. Cert. of Ins. from Bayly, Martin & Fay, San Diego, covering Colonial Leasing of Calif., Inc., Policy #PS5683724 re 1974 Ford 4 door #0229; 6. Cert. of Ins. from Bayly, Martin & Fay issued at the request of Colonial Leasing, insuring NC and the Redevelopment Agency of the City, 1974 Ford LTD 4 door 1/8/74 12 #4J63S110229; 7. Cert. of Ins. from Ekern, Hartley, Scott & Leitch, Estey Ins. Services, 3760 .. 30th St., S.D., insuring Intersea Research Corp., La Jolla, Policy #DK-UB 4835741; 8. Policy Change Notice and Binder, Policy #PS 568-37-24, Ins. Co. of the Pacific Coast, covering 1974 Ford LTD 4 door #4J635110229, leased to Redevelopment Agency of the City of NC by Colonial Leasing; 9. Cert. of Ins. from National Automobile and Casualty Ins. Co., insuring Am. Towing Inc., Policy #30GLA 64200; 10. Cert. of Ins. from Industrial Indemnity Co., insuring Glenn A. Rick Engineering and Develop. Co., and Westside Blueprint, S.D., Policy #MP6797461; 11. Cert. of Ins. from Corey -Slifer & Assoc. Ins., C.V., insuring the Parish of St, Matthew, Policy #264380; 12. Corrected Cert. of Ins. from H. Wm. Monroe Ins., Monterey, insuring John Mial, DBA Starlight Enterprises (Jump -for -Joy), La Mesa, Policy #GL 16348; 13. Cert. of Ins. from Nat'l. Auto- mobile & Casualty Ins. Co., insurinqSi Gaetan Maurais, DBA Am. Auto Storage, Policy #30GLA 68341;/Rport of Authority operations for the month of Nov. from SD Co. Water Authority, dated 11/30C/3; 15. Minutes of the regular meeting of the Board of Directors, SD Co. Water Authority, dated 11/8/73; (n) Memo from City Clerk attaching Secretary of State's Certificate of Annexation for National Center Annexation, legal description and map of the area; (o) Memo from Comprehensive Planning Organization, dated 12/17/73, listing Board of Director's actions; (p) City Clerk's memo attaching copy of Diamond Cab Co. rate of fare schedule. Moved by Pinson, all items except item 1p be approved and filed. All items with the exception of item 1p were ordered filed by unanimous vote. Moved by Pinson, the increase in the taxi rate schedule of Diamond Cab be denied. Died for lack of second. Ordered filed by unanimous vote. The TRAFFIC SAFETY COMMITTEE minutes of their meeting of December 12 and the Assistant City Manager's recommendation they be approved and filed and that Council take action on ten listed items were presented. Moved by Waters, seconded by Reid, all items requiring Council action be approved. Motion and second were withdrawn. Item 1 (New Business Item a recommendation for red curbs on both sides of driveway at 2635 E. Fourth St.) was considered. Moved by Waters, seconded by Camacho, Item a be approved. Carried by unanimous vote. Item 2 (New Business Item b - recommendation to install one or two steel posts at either the sidewalk area or parkway at the foot of "A" Ave. in the 1800 block area) was considered. Moved by Pinson, seconded by Waters, Item b be approved. Carried by unanimous vote. Item 3 (New Business Item c - recommendation a stop sign be installed on Third St. at Laurel) was considered. Moved by Waters, seconded by Camacho, the stop sign be approved. Carried by unanimous vote. Item 4 (New Business Item f recommendation for red curb in front of Kimball School at 322 W. 18th St., to be extended east one car length to the telephone pole) was considered. Moved by Camacho, seconded by Reid, the red curb be installed. Carried by unanimous vote. Item 5 (New Business Item g - recommendation that Stockman Street be made a through street by placing stop signs on all sides any place they aren't already located) was considered. Moved by Pinson, seconded by Camacho, it be approved. Carried by unanimous vote. Vice Mayor Pinson requested New Business Item d (recommendation to deny the request for a stop or yield sign at "F" on 2nd St.) be considered. Moved by Pinson, seconded by Waters, a stop or yield sign be installed as requested. Carried by unanimous vote. Item 6 (New Business Item i - recommendation to paint red curb for 30' between the two drive- ways of the Collins Development Co. at 310 W. 35th St.) was considered. Moved by Pinson, seconded by Reid, the red curb at Collins Develop- ment be approved. Carried by unanimous vote. Item 7 ((New Business Item 1(a) - recommendation to remove the islands north of the bridge between the north fork of the Sweetwater River and 30th St. and 1/8/74 13 replace with striping on National Ave. (between 30th and 33rd Sts.)) was considered. Moved by Pinson, seconded by Reid, the islands be removed and National Ave. be striped. Carried by unanimous vote. Item 8 CNew Business Item 1(b) - recommendation to restripe in front of Admiral Glass at 13th St. to allow for extended left turn area in the median strip)) was considered. Moved by Reid, seconded by Pinson, to approve the restriping in front of Admiral Glass. Carried by unanimous vote. Item 9 (Other Business Item a - recommen- dation to paint a yellow zone for two vehicles on 13th at National Ave. and to paint a red zone on National Ave. from the corner of lath St. south to the first driveway on National) was considered. Moved by Pinson, seconded by Waters, to approve the yellow zone but to except the red zone on National south from 13th St. Motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Moved by Camacho, seconded by Reid, to approve the yellow zone and the red curbing on National south from 13th St. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. Item 10 (Other Business Item b - recommendation to paint red curbing on both sides of 30th St. from Highland to Highway 805 and a two-way left turn on 30th St.) was considered. Moved by Pinson, seconded by Camacho, in favor. Councilman Waters said Council had taken action on this and asked Mr. Stenberg if the Traffic Safety Committee was trying to override the Council. Asst. City Manager Stenberg replied the Traffic Safety Committee recommendation was from their meeting of December 12 and Council took action at the December 18 meeting. Moved by Waters, seconded by Camacho, the motion be amended to file the recommendation. Amendment to the motion carried by unanimous vote. Minutes ordered filed by unanimous vote. Vice Mayor Pinson requested consideration of Other Business Item C (f4The possibility of parking meters was discussed. This will be brought up again in March. Removed from agenda!) Vice Mayor Pinson said he would like to instruct them not even to bother. Mayor Morgan said he believed the people of National City voted against parking meters...it would have to go back to the people. Moved by Reid, seconded by Pinson, no hearing on parking meters be held. Carried by unanimous vote. A communication from Councilman Owen R. Waltrip, Jr., CITY OF ROSEVILLE, enclosing RESOLUTION regarding the necessity for action to ALLEVIATE OIL SHORTAGES and asking for support of principles contained in the Resolution were presented. Moved by Pinson, seconded by Waters, we support the City of Roseville and adopt a similar resolution. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Abstaining: Reid. The APPLICATION FOR PERSON TO PERSON TRANSFER of OFF -SALE BEER AND WINE LICENSE by CHARLES H. AND JACQUELINE KNIGHTSTEP, DBA SWISS FARMS DAIRY STORE, 307 North Highland (to add a partner) and the Police Chief's letter stating there appeared to be no grounds for protest were presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. A CLAIM FOR DAMAGES by RODNEY SCOTT SIMS against the City of National City was presented. Moved by Camacho, seconded by Reid, this item be referred to the City Attorney and denied. Carried by unanimous vote. STEP INCREASES for eligible employees (RONALD A. CLINE, WILLIAM A. OSBURN, Police Department; BETTY ARTRIP, Building and Housing Depart- ment; MARY ANN BAKER, WILLIAM H. LOFSTROM, Library; DAVID A. ZIETLOW, Fire Department) were presented. moved by Pinson, seconded by Camacho, in favor of the step increases. Carried by unanimous vote. 1/8/74 14 The City Clerk's report regarding opening of sealed BIDS for LIGHTING AT LAS PALMAS PARK, Spec. No. 788, stating Arrow Electric, only bidder, bid $38,430.00 on Section A and $19,305.00 on Section 8 and the City Engineer's memo stating they were making no recommendation for award of contract were presented. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file. Mayor Morgan said the bidder is present; there was an error in the bid. STEVEN A. SARFF, Business Manager, Arrow Electric, was present and said it was a dual bid on material and labor; that is where the error occurred; the combined bid was approximately $56,000,.00; he has prepared documents indicating the mistake that took place. Mayor Morgan asked the papers be filed with the City Engineer. Mr. Sarff said the mistake amounted to $3,407.60; the error was in the material portion of the bid which they interpreted as including certain labor; the correct figure should be $34,772.40 for the material quotation; the final bid for material and labor was $57,735.00 less $3,407.60. Moved by Morgan, seconded by Waters, to award the contract. City Attorney McLean said there is no contract to award by just coming up and saying that; if he wants to submit a correct/'o his bid,...he doubted that Council could accept it; he would have to see the bid document to give that answer; he knew nothing about this before tonight; he has had no chance to look at it. Moved by Waters, seconded by Reid, to lay this over for one week and the City Attorney be instructed to straighten this out. Mayor Morgan suggested adjourning this Council meeting until tomorrow sometime so the Attorney can study this; we need to award this so the job can be done by August...Councilman Waters suggested 4:00 p.m. City Attorney McLean said you can award the contract at this price $57,735.00; you can do that right now and if they don't sign the contract they will forfeit their bid bond; if you award it tonight it must be at the price they submitted. There was discussion. It was agreed a motion would be made at the end of the meeting to allow the Attorney time to look this over and meet again tomorrow at 4:00 p.m. in these chambers. Mr. Sarff asked if his presence would be required? City Attorney McLean said no. The Petition for CONDITIONAL LICENSE before the Department of Alco- holic Beverage Control by TOMOYA ABE and YUSAKU KUROIWA, 1231 Highland Avenue and the Assistant City Manager's memo recommending withdrawal of protest for beer and wine license were presented. Moved by Camacho, seconded by Waters, in favor of the City Manager's recommendation. Carried by the following vote, to --wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. A communication from HELEN PARADOWSKI, CONTEST DIRECTOR, BATON BOOSTERS ASSOCIATION requesting use of Community Building on Febru- ary 24, 1974 at no fee and the Recreation Supervisor's memo stating he saw no reason to object to the request were presented. Moved by Pinson, seconded by Waters, in favor of the Baton Boosters. Carried by unanimous vote. The City Engineer's memo regarding TRAFFIC SIGNALS AT 35TH STREET AND NATIONAL AVENUE stating the specifications are complete, esti- mated construction and contingencies is $20,000, the project would be eligible for gas tax financing and requesting authorization to advertise for bids and the Assistant City Manager's notation that he recommended staff be directed to prepare design specifications, cost estimates and secure bids on this project were presented. Moved by Reid, seconded by Waters, this be approved. Carried by unanimous vote. The Assistant City Manager's recommendation that $16,450 be TRANS- FERRED from UNEXPENDED FUNDS IN GENERAL FUND CAPITAL OUTLAY ACCOUNT #3 to REDEVELOPMENT BONITA SHOPPING CENTER ACCOUNT #28 and stating a 16-inch water main will be required at the new Bonita Shopping Center in lieu of the 8-inch main scheduled to be installed and a 1/8/74 15 memo from the Redevelopment Agency Executive Director recommending the City advance $16,450 to the California -American Water Company before January 28, 1974 were presented. Moved by Pinson, seconded by Camacho, in favor of the Assistant City Manager's recommendation. Carried by unanimous vote. The City Clerk's memo stating the Covina City Council requests adoption of a resolution similar to their Resolution No. 3224 and the City of Covina's Resolution No. 3224 urging that a request be directed to the CALIFORNIA COASTAL ZONE COMMISSION to grant immediate approval for further development of the SAN ONOFRE NUCLEAR GENERATING STATION were presented. Moved by Pinson, seconded by Morgan, Council support this resolution. There was discussion. Carried by unanimous vote. REPORTS ASSISTANT CITY MANAGER STENBERG said he has a recommendation from the Staff that the format on the agenda be amended to hold PUBLIC HEARINGS at 7:30 rather than 8:00 in order to improve the procedures. Moved by Reid, seconded by Waters, in favor of the City Manager's recommendation. Carried by unanimous vote. ASSISTANT CITY MANAGER STENBERG said Staff was instructed to contact the Pastor of the GOOD SAMARITAN CHURCH in an attempt to work out arrangements with him for the use of some TRAILERS; they have con- tacted Pastor Gutierrez and were unable to work out a satisfactory arrangement under provisions of the Building Code; he has withdrawn his request. Ordered filed by unanimous vote. ASSISTANT CITY MANAGER STENBERG said he has received a request from WESCOTT MAZDA which reads, "...We must vacate our present premises at 100 West 30th St., in National City, California. Since our new facility, which is in the process of being built at 2800 National Ave., has not been completed, we find it necessary to conduct busi- ness temporarily in OFFICE TRAILERS for a period not to exceed 6 months." Moved by Camacho, seconded by Waters, this request be granted. Carried by unanimous vote. ASSISTANT CITY MANAGER STENBERG said copies of the CPO decision schedule were distributed to Council for information. ASSISTANT CITY MANAGER STENBERG said Council requested a report on the use of a CAR POOL; they have contacted the employees and roughly 85 percent have responded to this car pool questionnaire; of that 85%, a total of 88 employees have indicated they would be willing to consider car pools; tomorrow they will be contacting thos 88 employ® in an attempt to set up an arrangement similar to Council's suggestion. ASSISTANT CITY MANAGER STENBERG said a LABOR RELATIONS INSTITUTE, sponsored by the League of California Cities, will be held in San Diego; three members of the Staff (including himself) will be attend- ing on Thursday and Friday with the permission of Council. ASSISTANT CITY MANAGER STENBERG said a bid has been received for the City's umbrella coverage liability insurance in the amount of some three million dollars for excessive claims; informal bids were sent out to two companies and a reply has been received from one; the second company has indicated they would like to have this matter held over for one week; this is up to Council; Council can award the bid this evening or hold it over and see what the other company can come up with; coverage expires on the 12th; we would have a binder that would hold the City over for a 7- to 10-day period. Moved by Camacho, seconded by Reid, to just wait a week. Mr. Stenberg said he doubted there would be any cost for the binder which would be furnished by the current carrier; that is the same company asking this be held over. Mayor Morgan asked Mr. Stenberg to be sure the City is covered. Carried by unanimous vote. 1/8/74 16 ASSISTANT CITY MANAGER STENBERG asked whether or not Council wants the City Attorney to prepare an analysis of the measure on the March 5 ballot to go out to the voters. Moved by Pinson, such an analysis should go out. Motion died for lack of second. PLANNING DEPARTMENT report regarding proposed ZONE CHANGE ZC-14-73 to rezone from C-3 -A (General Commercial) to Rw4-PD (Residential Planned Development) the ASSEMBLIES OF GOD property between "M" and "N" Avenues south of 9th Street stating the Planning Commission recommended that R-4-PD zoning and medium density residential (8.-15 units per acre) designation be applied to this property and the Plan- ning Director's statement R-4-PD zoning had been placed on this property and the State law required a Planning Commission 'Report regarding this modification were presented. Moved by Waters, seconded by Camacho, in favor of the Assemblies of God Church. Carried by unanimous vote. Vice Mayor Pinson asked if this jeopar- dizes action taken earlier? City Attorney answered that that was taken care of. The PLANNING DEPARTMENT transmittal regarding MODIFICATION OF SPECIAL ZONE VARIANCE NO. 453, granted by City Council Resolution No. 5939, adopted May 5, 1953, to allow development of contiguous NATIONAL SCHOOL DISTRICT property with school administrative or related facilities located abutting the easterly line of "M" Ave., between 14th and 16th Streets and stating the Planning Commission recommended this variance be allowed was presented. Planning Director Gerschler said this is a modification showing the construction of certain administrative type buildings as a part of the school district property. Moved by Camacho, seconded by Waters, in favor of the Planning Commission's recommendation and this be approved. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal regarding the application for DEFERRAL OF INSTALLATION OF CURB, GUTTER, SIDEWALK AND PERMANENT PAVING for one-half the Street Width at the southeast corner of 19TH STREET AND HAFFLY AVENUE (D.A.N. Company) stating the Planning Com- mission recommended a deferral of 12 months on the installation of curb, gutter, sidewalk and permanent paving of one-half the street width, subject to a requirement that a letter signed by an officer of Ratner Clothes be submitted, saying they would do the work when required to do so was presented. WALTER WILHELM, Oceanside, Calif., was present and said he would like to clarify this; there was some confusion; D.A.N. Company is actually a company of three individuals who are employed by Ratner Clothes; there is no connection between D.A.N. Company and Ratner Clothes other than the fact that these three individuals work for Ratner; Ratner Clothes could not legally guarantee this; he is representing D.A.N. Company and he is working for Ratner Clothes; he is sure the principals of D.A.N. Company would be happy to furnish the guarantee you are referring to. There was discussion. Moved by Pinson, seconded by Waters, to deny this request for deferral and they be required to put it in. Mr. Wilhelm said he pointed out to the Planning Commission earlier they were requesting the deferral or waiver because...the D.A.N. Company is three individuals; the part of the property where they built the warehouse two years ago is a very small portion of the property; the warehouse has been vacant until recently; the three individuals who own this company have taken a severe financial loss; they requested a three-year deferral based o ouspale scientific logic; they made an analysis and asked when theyJiope to recover part of their invested losses; that is when the Planning Commission recommended a one-year deferral rather than the three-year deferral. Motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Moved by Morgan, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. Mr. Wilhelm asked if Council would like to have the letter from one of the officers of the D.A.N. Company? 1/8/74 17 The CITY TREASURER ' S-FINANCE DIRECTOR'S FINANCIAL STATEMENT for the month ending November 30, 1973 was presented. Ordered filed by unanimous vote. CITY ATTORNEY McLEAN said the City Clerk had brought to his attention the Council approved a special permit for the Municipal Employees Association annual dinner on January 19th; that resolution was con- fused with another one; there was no resolution prepared and time is running out; he has handwritten a resolution for the Municipal Em- ployees Association annual dinner which he would like to present. Moved by Pinson, seconded by Camacho, this resolution be read to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,274, "RESOLUTION GRANTING SPECIAL USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGRS AT NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION." Moved by Camacho, seconded by Reid, Resolu- tion No. 11,274 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. COUNCIL COMMUNICATIONS COUNCILMAN WATERS said a lot of people in wheel chairs come to South Bay Plaza from the convelescent homes...some of them requested the cross walks in the Plaza Shopping Center area be rampsat the curbs so they can wheel the wheel chair right up like a regular driveway; he would like to have that studied; these people have to travel in the street to the nearest driveways to the crosswalks and sometimes they nearly get hit. Moved by Waters, seconded by Camacho, to refer this item to the Traffic Safety Committee. Carried by unanimous vote. COUNCILMAN REID spoke in regard to barking dogs; when they go out there and there are nine reports and nine times they tell them and they can't do anything, it is just like taking a hammer and beating on the sidewalks and causing a disturbance; if there is nothing to be done, he must go back to these two ladies and say, "No, you are going to have to move to another City or some other place." City Attorney McLean said no one in his office has said nothing can be done; if those complaints are received by his office they tell them to send a written statement of complaint and they take action; he does not know who is telling them that nothing can be done; it is no one in his office. Councilman Reid said he would show the Attorney the complaints tomorrow and the names will be signed to them; some- thing can be done. CIOUNCILMAN REID asked the City Attorney if he is going to have some- thing on the Boys' Club before long? City Attorney McLean said he will have nothing on the Boys' Club until they provide to him the information he has outlined for them in great detail; they have told him they understand what the City needs and he has heard nothing since. MAYOR MORGAN said Mr. Pinson brought something to his attention; he did not realize the City had an alley between Kenton and Harbison just North of Division Street; he looked that over and he feels the only thing to do is to refer it to the Planning Commission to close it; there are no cars off of it; he does not know why the alley is there. Moved by Morgan, seconded by Pinson, to refer this alley to the Planning Commission for closing proceedings. Carried by unanimous vote. MAYOR MORGAN said he would like to appoint Richard 0. Knutson, 2210 "J" Ave., (477-3321), to the Planning Commission and Frank Higdon, 1645 E. lbth St., (477-1031), to the Civil Service Commission. Moved by Waters, seconded by Reid, in favor of the Mayor's recommen- dation. Carried by unanimous vote. Councilman Waters asked if this 1/8/74 18 is a replacement for Mr. Shidier? Mayor Morgan said he asked to be relieved. MAYOR MORGAN said Jimmy Toledo asked for a General Plan change on 12th Street back up to his apartments; this came to his attention in the Council conference; the Planning Commission turned it down and Council did not meet for so long and he is asking if he can have a hearing before the City Council on this. Moved by Morgan, seconded by Waters, in favor of Mr. Toledo. Planning Director Gerschler said if Council's action tonight is to initiate a General Plan amendment it will be on your own motion and not on the appeal; City has that authority; it will then go to the Planning Commission for a hearing. City Attorney McLean said the motion is that the City Council will initiate a General Plan Amendment char a ursuant to Mr. Toledo's request. Carried by unanimous vote. MAYOR MORGAN said he would like to report to Council that he appeared before the City Council of San Diego at 10:00 a.m. today; they are in the process of eliminating Route 252 just north of Division that will leave 1-805 and go over to Wabash Freeway and end up on I-5; there will be a freeway interchange at 1-5 at Wabash; it will be a freeway to freeway change at 1-805; he told the Council of the City of San Diego that it is very important for National City to have this link; they spent three and half million dollars buying land; he told them the reason it is so important to National City people who are going into San Diego or going down to the Navy Base travel down 8th, 24th or 30th St. to catch I-5; the same thing going east for East Chula Vista and Bonita and Brown Field and all of those they go down through the City streets down to 1-5 so they can go in; the reason Route 252 was proposed when they started the traffic, they figured that this would eliminate...in front of Rohr and coming in there for parking; 1-5 has just about all the traffic it can carry; instead of people having to go all the way down to 1-5; they can stop on 54 in East Chula Vista and San Ysidro and Brown Field and Bonita and all and get on 1-805; they can go just north of Division and then down into San Diego without going into the congested area; they listened to the Mayor and he is hoping the City Council of San Diego will not eliminate that because it will be a big blow to all of us; we must get some of the traffic off streets like 8th, 30th and 24th St.; it is too bad they are thinking about that; they are doing it because of one man on the Council who had a few people who asked to have this eliminated; he feels he received a very warm cheer from those present in the audience; he thought he might be in a hostile crowd but he found that there were a lot of people who wanted this freeway left in; they are building courts down there and people will have to go down to these courts; if anyone can come up with something they think might have been said that was not said at this meeting, he would like them to send a letter to the Mayor; they notified him, Mayor Morgan, when this meeting was taking place; he is very happy they did this. Vice Mayor Pinson asked if a Council resolution would help? It was stated there was a resolution in this regard and it was mailed to the City Council of the City of San Diego. Moved by Waters, seconded by Camacho, to adjourn the meeting until_ 4:00 p.m., January 9, 1974. Ca '-d •y-.animous vote. The meeting closed at 10:12 p.m. y er C tyof Nationa' City,California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of January 15, 1974. No corrections ion'as noted below Mayor, Ci y of N;'' Tonal City, California 1/8/74