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HomeMy WebLinkAbout1974 02-05 CC MIN37 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 5, 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, Gerschler, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev. Philip Larson, First Congregational Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the regular meeting of January 22, 1974 be approved. Carried by unanimous vote. MAYOR MORGAN said the visitor, Baja California Governor Milton Cas- tellanos, who was expected tonight will not be here but will be present on February 19. HEARINGS The HEARING to determine whether public health, safety, or welfare require the FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON EUCLID AVENUE between 22nd Street and 24th Street (District No. 3) was held at this time. City Clerk Campbell stated the Affidavit of Mailing is on file. City Engineer Foster said there are no people within the district boundaries requiring a change in service; this is an exercise so that the City can declare a district when Euclid Avenue is rebuilt in this area and keep the people from putting in overhead; there are no active services in the area. VIRGINIA MARTIN, Prospect Street, was present and said she is considering the purchase of property from the Fernandez's facing onto Euclid and asked who pays for the initial installation? would this affect the zoning? if the property is zoned R-•4 will she still be able to build an apartment building on that property? Mrs. Martin was advised she would have to pay for hookup to the utilities whether under or above ground and the undergrounding of the utilities would not affect the zoning. Mrs. Martin asked if Euclid is to be extended to Sweetwater? Mrs. Martin was told Euclid goes to Sweetwater now; it will be extended north from Ridgeway to 22nd Street and then from 22nd to Plaza Boulevard sometime in the future; the Highway Department is extending Euclid now from Ridgeway south at no direct cost to the property owners. MAC CURL, Manager, National City S.D.G. & E. office, was present and explained what undergrounding would mean to residents within an undergrounding district. Mr. Curl said any property owner who needed to know the cots could call S.D.G. & E. main office and ask for the Planning Department. No one else was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the formation of Underground Utilities District No. 3 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read a Certificate of Appreciation to be pre- sented to Sgt. Gary L. Shepherd, U. S. Marine Corps, for saving the 2/5/74 38 life of a 9-month old child who was drowning. Mayor Morgan presented the Certificate of Appreciation and a Key to the City to Sgt. Shep- herd. Sgt. Shepherd thanked the Mayor and Council. City Clerk Campbell read the proposed proclamation "Vocational Education Week," February 10 through February 16, 1974. Moved by Camacho, seconded by Reid, this proclamation be adopted. Carried loy unanimous vote. City Clerk Campbell read the proposed proclamation "Crime Prevention Week," February 10 through February 16, 1974. Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Earl Beggin. ORAL COMMUNICATIONS ELMER NIEDERFRANK, 714 "F" Avenue, was present and reported on the AFS students' bus trip to Tecate (Council gave $90 for expense of the bus); he went on that trip as did Councilman Reid; the trip was sponsored by the South Bay section of the San Diego County AFS; students were from practically every high school in the County; there were 24 AFS students on the trip and 19 were from the Sweet- water district; it was unfortunate that 3 of the students could not cross the border as their papers were not in order; they walked from the border to the high school and received a very heart warming reception from the students of the high school. Mr. Niederfrank thanked Council for their generous support. VICE MAYOR PINSON, 918 East Second, left his seat and spoke from the podium in regard to a traffic signal at the intersection of 2nd St. and Highland Avenue saying he was advised by the City Attorney that he couldspeak in his Council seat in this regard but he felt it would be best if he spoke from the floor. Mr. Pinson said residents in that area have tried to get a traffic signal for several years; there is a speed problem on Highland; there is a problem with the 2nd St. traffic. Mr. Pinson read from an Engineering report showing heavier traffic on 2nd and on Highland than at the intersection of 35th and National where Council has recently approved a traffic sig- nal. Mr. Pinson said apartments in the area have caused an increase in traffic in the area; children have to cross Highland Avenue at 2nd St. because there are shops in that area; a crosswalk does not slow traffic down; there is no control north of 4th Ave.; there is a hill at 2nd and Highland that obscures vision when you are on 2nd trying to get out on Highland or across Highland; you cannot see around those cars until you pull out; the local business and resi- dents in that area deserve protection just as much as any area in town; it seems the north end of town has been neglected; this matter has been before the Traffic Safety Com. several times and has fallen on deaf ears; it has come back to Council; the TSC feels there are not enough accidents in the area to warrant a signal; what he is getting at is that the situation is similar to that at 35th and National and if a signal is warranted at 35th and National one is warranted at 2nd and Highland; a temporary signal for $4,000 would be better than the present situation. There was discussion. Moved by Morgan, seconded by Waters, to authorize the Manager and the City Engineer to study this and bring back the cost and all factors pertaining to this. Carried by unanimous vote. FIRST DISTRICT COUNTY SUPERVISOR JACK WALSH was present and addresmd the Council in regard to Agenda Item #IX, 8, Resolution No. 11,299, "OPPOSING THE PROPOSED INTERGOVERNMENTAL REVIEW OF THE SAN DIEGO REGION," Mr. Walsh gave background information on the proposed study and requested the Council modify or reject the resolution. Mr. Walsh answered questionsfrom the Mayor and the Council regarding the National Justice Court, the purchase by the County of land 2/5/74 39 adjacent to Las Palmas Park for inclusion in the Park, etc. (City Manager Osburn left Council Chambers at 8:13 and returned at 8:15 p.m.) EMIL MURPHY, 13368 Calle Colina, Poway, was present and said he has property on 18th St. near Rachael zoned R-4; it is comprised of four separate lots with four deeds; he planned, when he purchased the lots, to build an apartment building; February of last year he sub- mitted plans to the Planning Department for building 24 units; at that time he was told that before he could complete his application, it would be necessary for him to complete a drainage ditch on 18th St. going through his lot; he was also told this would have to be done at his expense; he and Mr. Vaughn footed the bill for the drain- age ditch which did not benefit his lot. Mr. Murphy said after putting in the 4-ft. pipe he came back with his revised plans and asked again for the permit; he was then told that first he would have to give a 30-ft. easement across two lots on 18th St. for this pipe to be serviced; he gave the City the requested 30-ft. easement, 130-ft. frontage. Mr. Murphy continued he revised his plans again because this placed the front of the buildings too close to the ease- ment and re -applied for his permit; he was then advised that this was R-4-PD and low density; which in effect means that on this less than an acre of ground he could only put 6 units; this was not too difficult, he could have done this but with the drainage pipe and easement going in front of the lots, it prevents his doing anything with the front two lots and there is no way the building can be placed on the front two lots on 18th St.; this leaves it for parking or open space. Mr. Murphy said on the Agenda tonight is another proposal (1911 Act construction of 17th St.) and they asked that he give up 20 feet on the back two lots; which makes the back two lots too small to build on; the front two lots cannot be used for building per se; there is no way a building can be placed on this; he asked the Planning Department to have a hearing on this; he cannot sell the lots; he cannot build on them; the Planning Commission filed the matter and suggested he bring it before the City Council; he is asking Council specifically make a decision on the matter. Planning Director Gerschler said the property is on the General Plan as low density which limits the number of units that can be built; Mr. Mur- phy has requested a hearing to consider an amendment to increase the density; that request was filed by the Planning Commission; he can build 4 - 7 units on this property. There was discussion. Planning Director Gerschler suggested if the City Council feels there is a hardship that deserves consideration, that the City Council initiate the General Plan amendment; it will require two hearings and then it will come back with a recommendation; the Planning Commission did not initiate such an amendment. There was further discussion. Moved by Waters, seconded by Reid, to refer this back to the staff and the Planning Commission and have them bring a report at the next re9ular scheduled Council meeting. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. Mr. Murphy asked if this would be on the agenda next week? ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by_title only, Carried by unanimous vote. RESOLUTION NO. 11,292, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Carlyle O. Coomer and Juliet T. Coomer)." Moved by Pinson, seconded by Waters, Resolution No. 11,292 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,293, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Paradise Drive)." Moved by Reid, seconded by Waters, Resolution No. 11,293 be adopted. Carried by unanimous vote. 2/5/74 • 40 RESOLUTION NO. 11,294, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Robert and Anita Ortiz, Gaudalupe G. Rodriguez, and Font, Incorporated)." Moved by Waters, seconded by Reid, Resolution No. 11,294 be adopted, Carried by unanimous vote. RESOLUTION NO. 11,295, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (La Siesta Way) ." Moved by Reid, seconded by Waters, Resolution No. 11.295 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,296, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO GAS TAX FUND 2107." Moved by Pinson, seconded by Reid, Resolution No. 11,296 be adopted. Carried by unanimous v013. RESOLUTION NO. 11,297, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Transportation Avenue)." Moved by Waters, seconded by Pinson, Resolution No. 11,297 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,298, "RESOLUTION RE OKI NG PLANNED DEVELOPMENT PERMIT NO. 34 (National City Convelescent Hospital)." Moved by Waters, seconded by Pinson, Resolution No. 11, 298 be adopted. There was discussion. Carried by unanimous vote. RESOLUTION NO. 11,299, "RESOLUTION OPPOSING THE PROPOSED INTER- GOVERNMENTAL REVIEW OF THE SAN DIEGO REGION." Moved by Camacho, seconded by Reid, Resolution No. 11,299 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,300, "RESOLUTION APPROVING LOT SPLIT LS-17-74 (TENTATIVE PARCEL MAP) ON PROPERTY LOCATED AT SOUTHWEST CORNER OF EIGHTH STREET AND EUCLID AVENUE (Metropolitan Shopping Square)." Moved by Pinson, seconded by Reid, Resolution No. 11,300 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,301, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE BATAAN ASSOCIATION OF SOUTHERN CALIFORNIA, INC." Moved by Waters, seconded by Pinson, Resolution No. 11,301 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 11,302, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY AMERICAN LITTLE LEAGUE." Moved by Pinson, seconded by Camacho, Resolution No. 11,302 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 11,303, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT BETWEEN THE CITY OF NATIONAL CITY AND THE GAS AND ELECTRIC COMPANY FOR THE INSTALLA►TION OF CITY OWNED CLOSED CIRCUIT VIDEO SYSTEM." Moved by Waters, seconded by Pinson, Resolution No. 11,303 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,304, "RESOLUTION AMENDING RESOLUTION NO. 5939, GRANTING SPECIAL ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-9-74, National Elementary School District) ." Moved by Camacho, seconded by Reid, Resolution No. 11,304 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,305, "RESOLUTION PROPERTY AND AUTHORIZING EXECUTION & Maloney .. "C" Avenue and Scott - seconded by Waters, Resolution No. the following vote, to -wit: Ayes: Nays: Morgan. ACCEPTING CONVEYANCE OF REAL OF CORPORATION GRANT DEED (Scott Sheryl Lane)." Moved by Reid, 11,305 be adopted. Carried by Camacho, Pinson, Reid, Waters. 2/5/74 41 INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 2/5/74-1, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California ZC-16-73, to Rezone from R-4-PD H-35 (Residential Planned Development with 35 feet 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'!) (Hearing before City Council 1/8/74) . Ordinance No. 2/5/74-2, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (ZC_14-73, to Rezone from C--3-A (General Commercial) to R.-4-PD (Residential Planned Development) the Assemblies of God Property between "M" and "N" Avenues South of 9th Stree4." (Hearing before City Council 1/8/74) Ordinance No. 2/5/74-3, "An Ordinance of the City of National City, California, Amending National City Zoning Ordinance No. 962, to Allow a Veterinary Hospital in the M-4 Industrial Zone and To Allow Small Domestic Animal Clinics in the C-2 Zone." (Hearing before City Council 1/15/74) ORDINANCE NO. 1405 PORTION OF SECTION Attorney said this code and it can be Ordinance No. 1405 (a/5/74.-4) , "AN URGENCY ORDINANCE REPEALING A 210-7 OF NATIONAL CITY ORDINANCE NO. 1327." City urgency ordinance changes the City's electrical adopted now. Moved by Camacho, seconded by Reid, (2/5/74-4) be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be .resented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1406 (]/22/74-4), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING NATIONAL CITY ZONING ORDINANCE NO. 962, TO ADD SPECIFIC PROVI S I ONS TO ALLOW 'RESIDENTIAL CARE HOMES . ' " Moved by Camacho, seconded by Pinson, Ordinance No. 1406 be adopted. Carried by unanimous vote. ORDINANCE NO. 1407 (1/32/74-2) , "AN ORDINANCE ESTABLISHING BUSINESS LICENSE FEE FOR APARTMENTS." Moved by Pinson, seconded by Reid, Ordinance No. 1407 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said the City protested the issuance of an off - sale beer and wine license to the Douglas Oil Company for the Gas Station at 8th and Palm; he received the report and recommendation of the hearing officer today; he recommends the City's protest be over -ruled and the permit be issued; if Council desires to pursue the protest further, the City can appeal the proposed decision of the hearing officer. Moved by Morgan, seconded by Pinson, this decision be appea1e1. Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 62,213.09 Traffic Safety 1,536.34 Park 1,418.18 Gas Tax 2106 28,768.36 2/5/74 42 Trust and Agency $ 242.00 Drainage 327.27 Sewer 1,433.46 Redevelopment -Bonita Center 7)372.25 Total fi103.310.95 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE for the period ending 1/31/74 in the amount of $132,071.77 was presented. Moved by Reid, seconded by Camacho, the payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS Memos from the City Clerk and Director of Building & Housing con- cerning Council's inquiry into location of Boy Scout Campground and an excerpt from July 26, 1960 Council minutes attached to the City Clerk's memo were presented. Councilman Waters said he made this request and he presented the letter to one of the leaders of the Boy Scouts up there; they will bring it up in their meeting and show that Council did not go on record to grant them a park. Ordered filed by unanimous vote. The City Engineer's memo regarding status of 1911 Act project for Rachael Avenue, 16th Street to 20th Street, and attaching a chrono- logical list of events and the Assistant City Manager's memo requesting the status report were presented. In answer to the question of whether or not the City could proceed with a half street for a 1911 Act improvement from 16th to 20th, City Engineer Foster said he would have to get advice on that. City Attorney McLean said he does not think the City could sell a bond on that. In answer to a question if San Diego could be asked to pay for half the blacktop and overlay that street (there are curbs in most of it) and the work be done by City crews, City Attorney McLean said you cannot use City crews if the job is valued at more than $3,500. Moved by Camacho, seconded by Reid, this be referred to the City Manager for legal report. Carried by unanimous vote. The Planning Director's memo regarding grapestake fence along Euclid Avenue between 4th and Division Streets was presented. Mayor Morgan said there are two places where the cars have run into the existing fence and asked if Council could allow these people to go ahead and put up a 6-ft. block wall and the others would know what to put up when they did replace the grapestake fence. The Planning Director said he did not think there is anything in the zoning regulations at the present time that would require a particular kind of wall; if the City Council wished to grant access rights or something like that, perhaps there could be an agreement among the residents and the City. Moved by Morgan, seconded by Waters, to refer this to the Planner for a public hearing on what type fence the people want. There was discussion. Planning Director Gerschler said the hearing would be to consider a uniform wall and pedestrian access. City Attorney McLean said he is not prepared to answer a question on deed specifications. Councilman Waters asked the City Attorney to answer this at the next meeting; if the deeds say they cannot do it; why get their hopes up; what authority has Council over these deeds? the deeds state there will be no openings onto the public street. City Attorney McLean said there are two problems; one is the sub- division map and that talks about relinquishing access on Euclid Avenue and in the deeds there is a restriction that requires an architectual committee to approve any alterations in the fence; the 2/5/74 43 could architectural committee would be made up of homeowners; theyncod solve that problem; an axchitectualonsminttee could be the fence as soon as the and say, "okay we agree to alterations .,► if this is the City can solve the problems of access rights, direction Council wants to go in. Carried by unanimous vote. UNFINISHED BUSINESS The City Engineer's memo regarding the request for overwidth drive- way on Transportation Avenue by HOWARD'S CAMPER COUNTRY, 135 West 30th St., stating that Mr. Kruegel now proposes a 32-ft. drive, a 30-ft. drive and two 25-ft. drives with parking prohibited between the northerly three drives; they have no objection to the driveways as proposed provided that parking is prohibited by "red curbs" between the northerly three drives and attaching a copy of Ordinance No. 851 was presented. Moved by Waters, seconded by Pinson, in favor of Howard Camper Company's request. City Attorney McLean left Council Chambers at 8:54 p.m. Carried by unanimous vote. NEW BUSINESS The CONSENT CALENDAR, Items la through lh, were presented: (a) City Manager's recommendation 1/9/74 minutes of Library Board be approved and filed. Minutes attached. (b) Assistant City Manager's recommendation 1/17/74 minutes of Street Tree and Parkway Committee be approved and filed. Minutes attached. (c) Assistant City Manager's recommendation 1/21/74 minutes of Senior Citizens Advisory Committee be approved and filed. Minutes attached. (d) City Manager's memo recommending the five attached applications for permits received by the Department of the Army, Corps of Engineers, be filed. (Attached: City Clerk's memo reporting receipt of applications by (1) City of Long Beach; (2) Elmer Hehr, 928 Via Lido Nord, Newport Beach; (3) National Steel Shipbuilding Company, Harbor Drive and 28th Street, San Diego; (4) City of San Diego, 202 "C" Street, San Diego; (5) Robert M. Hixon, Jr., 2119 Bayside Drive, Newport Beach.) (e) City Clerk's memo attaching copies of letters from Assemblymen Peter R. Chacon and William A. Craven acknowledging receipt of Resolution No. 11,278 requesting action to regulate oil industry etc. (f) City Clerk's memo attaching notices received from Army Corps of Engineers regarding the following applications: (1) Phillips Petroleum Company, Santa Barbara, for permit to remove & salvage stationary well drilling and oil production platform in Pacific Ocean; (2) National Steel & Shipbuilding Company, San Diego, for permit to modify existing shipways to place fill, to excavate material and to transport to a dumping site and to dredge bay mud and dump in Pacific Ocean; (3) Alan Brackett, Hawthorne, for permit to construct ramp and float to extend 18 feet into Colorado River. (g) City Clerk's memo attaching copy of notice received from Army Corps of Engineers regarding application for permit by Los Angeles County Flood Control District to construct outlet for storm drain bond issue project No. 9830 into the Consolidated Slip of the East Basin, Los Angeles Harbor, to alleviate present flooding conditions. City Manager recommended this item be filed. (h) City Clerk's memo reporting receipt of the following publica- tions: (1) Taxable Sales in California (Sales & Use Tax) 1973 3rd Quarter; (2) San Diego County Water Authority 27th Annual Report for Fiscal Year Ending June 30, 1973. Ordered filed by unanimous vote. 2/5/74 44 The Park and Recreation Director's memo regarding proposed PROFESSIONAL FIGHT PROGRAMS in Kimball Park stating Mr. Ozzie Nollett indicated interest in promoting professional boxing matchthis in Ki bad]. Park on May 27, July 3 and September 2 and he will pursuepro- gram at the direction of the City Council was presented. MR. OZZIE NOLLETT was present and said he had a show in National City two years ago; he needs Council's written approval that he can submit to the California State Athletic Commission to show approval to hold these fights; he wants to bring in National rankers (City Attorney returned to Council Chambers at 9:56 p.m.), he wants the City and ity seconded by organizations to benefit by his show. Moved by Camacho, Pinson, Council approve the dates stated in the agenda so Mr. Nollett can send these dates in to the California Athletic Association. There was discussion. MARION COOPER, 91 Shasta, Chula Vista, President, National City Lions Club, was present and said as far as this affecting the Lions Club July 4th celebration (July 3 and 4 in Kimball Park) this is the time of year when the service clubs have an opportunity to raise funds; he was not concerned with the atten- dance; he is concerned about Mr. Nollett bringing in concessions, if the Lions Club can work with him on this they will be in good shape; he believes Mr. Nollett's event on the 3rd will help the Lions Club because some who go to see the fights will come back; he believed they could work together. Mr. Nollett said he would be delighted to have the Lions Club take the concessions or any other service club; he had rather not deal with this; he will offer the programs to a service club should they want to handle them. Moved by Camacho, seconded by Waters, the motion be amended to include the Lions Club will handle this with Mr. Nollett in reference to all the concessions. Amended motion carried by unanimous vote. A letter from SWEETWATER UNION HIGH SCHOOL DISTRICT regarding expansion of NATIONAL CITY JUNIOR HIGH SCHOOL PLAYGROUND FACILITIES and Park and Recreation Director's recommendation City staff work with school staff for development of a precise plan were presented. Moved by Morgan, seconded by Waters, this be approved. City Manager Osburn said the project is scheduled for the extension of the street, "E" he believes +- or "F" Avenue right next to the school; that is why the City wants to be in on the planning of it so as not to duplicate any of the facilities; he has no idea what it will cost at this time. Carried by unanimous vote. The City Manager's memo regarding the estimated costs of 1911 Act Improvement on 17th Street on Lanoitan to Rachael Avenue and recom- mending project proceed on the schedule as listed; the report of the CITY ENGINEER AND CITY MANAGER ON MAJORITY PROTEST AND DBET LIMIT HEARING - 1931 ACT, recommending this project proceed with the 1911 Act hearings; memo from City Clerk listing protests of: Mary M. Vaughan & Lewis W. Vaughan, 3031 E. 18th St.; Nina L. Newland & Melvin G. Newland, 3035 E. 18th St.,; John A. Hubal & Hazel M. Hubal, 2945 E. 18th St.; Denton B. Leonard & Alice Leonard, 2843 E. 18th St.; Francisco Vargas & Alicia Vargas, 1714 Rachael Ave.; J. L. Sellers, 1704 Rachael Ave.; Maria Hunton Hallford, 2729 E. 18th St.; Otis Tidwell & Edith G. Tidwell, 1642 Rachael Ave.; Roy L. Scales & Mrs. Helen Scales, 2825 E. 18th St.; Mrs. Alda Gundry, 2703 E. 18th St.; John E. Bowlin, 2733 E. 18th St.; Mrs. Ana Q. Gogue & Mr. James Q. Gogue, 2702 E. 18th St.; Mrs. Edithe Mitchell, 2808 E. 16th St.; Mr. Matias L. Fuentes & Mrs. C. Fuentes, 2645 E. 18th St.; Mr. & Mrs. John G. Mendez, 2736 E. 16th St.; Mr. R. L. Mitchell, 2808 E. 16th St.; Myrtle Mae Hartley, 2822 E. 16th St.; Nina W. Burch, 2830 E. 16th St.; Euel T. Leonard & Clarice J. Leonard owners of 2919 E. 18th St.; Carl F. & Grace G. Gemundt owner 2921 E. 18th St., 3346 Lockwood Dr., San Diego; Lowell K. White owner 3106-08 E. 16th St.; Patrick D. Jennings & Sandra L. Jennings, 1645 Lanoitan Ave.; Virginia Gladhill, 7734 Tanglerod Lane, La Mesa; John E. Bowlin, Assessment No. 32, (letter received 1/29/74); and copy of Covenant Running With the Land signed by Lewis W. and Mary M. Vaughan and map 2/5/74 45 data were presented. City Clerk Campbell stated the Affidavit of Mailing notice of the hearing is on file. There was discussion. City Engineer Foster said the Engineer's and Manager's report ofMothe hearing states there was 43% protest. There was discussion. ed by Reid, this be laid over one week. Died for lack of second. Moved by Waters, seconded by Pinson, the 1911 Act be abandoned. FRANK PEKAREK, 2829 "I" Avenue, National City, was present and said he owns property in that area; there is no one or two people that own the majority of that land; there are a couple dissenters there who are trying to speak for the entire community but they don't do it; the first meeting he attended in this regard, the majority of those present were for the 1911 Act; he wants this street in. LEWIS VAUGHN, 3031 East 18th Street, was present and said he passed the petition to all those people and he was not turned down by anyone to sign the petition; he does not know where this man got his infor- mation; ...there were many of them (owners) that were out of the country and could not be contacted and could not be counted on to sign the petition; there were at least 15 or 20 that could not be found; after having gone from door to door and talked with these people and they signed this petition, there was more than 50% - at least 60%; there are people out there who are not able to commit themselves to even $5; some are on welfare; some are on aid of some sort or drawing a little pension just as he is. There was dis- cussion. Mr. Vaughn said there was not 55% there because there is not that many in the state that owns property that could be present. Councilman Reid asked the City Clerk to explain the mailing proce- dures. City Clerk Campbell said the City Clerk's office mailed the notices of hearing to every property owner; along with the protest we received a letter from Mr. & Mrs. Marcus Ingle, of Hawaii, expressing their desire to have the street; the letters did go out and in the case of those few that were returned undelivered, we sought out the owners; everyone did receive notice. There was further discussion. Moved by Morgan, seconded by Reid, the motion be amended to include this be put back on the a enda of March 12 to ive..Mr. Vau hn time to o out and see if he can et more of those property owners to make a written objection to going forward with the street. There was further discussion. City Clerk Campbell said a letter of protest from John Bowlin was received six days after the hearing; if more time is being allowed and this protest is counted it will change the percentage somewhat. Carried by unanimous vote. The City Engineer's memo recommending CHANGES be approved to KIMBALL PARK RECREATION BUILDING and final contract amount be increased accordingly and stating that all recommended changes have been made to the engineering drawings and the contractor has agreed to make all changes for an additional $737.88 was presented. Moved by Pinson, seconded by Waters, in favor of the City Engineer's recom- mendation. Carried by unanimous vote. A letter from Robert Cooper, President of National City Police Officers Association requesting that Sgt. Wayne Fowler be placed on Council Agenda to make a presentation on the 2% at age of 50 retire- ment was presented. SGT. WAYNE FOWLER (V.P., P.O.A.) , was present and spoke of the benefits to the Police Officers and the people of National City of the 2% age 50 retirement for the Police and urged Council to give this matter the priority it deserves. There was discussion. Moved by Morgan, seconded by Reid, to refer 2% at age 50 retirement to Finance Committee and Negotiating Team for the 1974- 75 budget. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. A communication from Elizabeth B. Walter, Assistant Director, SAN DIEGO HEART ASSOCIATION, requesting a permit to conduct a campaign to raise funds and the License Collector's recommendation this request be granted were presented. Moved by Waters, seconded by 2/5/74 46 Reid, in favor of the Heart Association's request. Carried by unanimous vote. An application for person -to -person transfer of OFF -SALE OF BEER AND WINE LICENSE by Vincent B. and Julie U. Calo and Francesca and Joaquin Obusan, dba J & V SUPERETTE, 2035 Highland Avenue, ra ndtthe Police Chief's memo stating there appear to be no leg 9 for protest were presented. Moved by Pinson, seconded by Waters, in favor of the application. Carried by the following vote, Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining'. Morgan. A communication from Robert W. Daily, BALBOA DATSUN, requesting22-h HOUR PARKING LIMITS be placed on National Avenue, from Streets; on 26th and 28th Streets from National Avenue to Transpor- tation; and on Transportation Avenue when completed was presented. Moved by Waters, seconded by Pinson, in favor of Balboa Datsun's request. Carried by unanimous vote. A letter from George Whiting, Chairman, Feiss National City Contest, NATIONAL CITY JAYCEES, requesting free use of Kimball Community Building on March 23, 1974 for the purpose of presenting the Miss National City Beauty Pageant (Facility Use Permit Form attached) was presented. Moved by Camacho, seconded by Waters, in favor of this request. Carried by unanimous vote. Curl, President, NATIONAL CITY KIWANIS CLUB, of Kimball Community Building on March 30, 1974 32 Anniversary celebration was presented. Moved by Pinson, in favor of this request. Carried by A letter from M. H. requesting free use for Boy Scout Troop by Waters, seconded unanimous vote. A memo from A. F. Maley, DIRECTOR PARK AND RECREATION DEPARTMENT requesting authority to HIRE TEMPORARY EMPLOYEE to replace permanent employee who is now off work on State Compensation was presented. Moved by Waters, seconded by Camacho, in favor of the Park and Recreation Director's request. Carried by unanimous vote. A letter from MAURICE V. REYNOLDS, Assistant to the City Manager, requesting RETIREMENT, effective March 1, 1974 was presented. Moved by Waters, seconded by Pinson, Council accept retirement with the proper certificate issued (amended motion). Carried by unanimous vote. The League of California Cities LEGISLATIVE BULLETIN #1, dated January 2, 1974, and the City Manager's memo making recommendations in this regard were presented. Moved by Morgan, seconded by Camacho, the Manager's recommendations be approved. Carried by unanimous vote. The League of California Cities LEGISLATIVE BULLETIN #2, dated January 11, 1974, and the City Manager's memo making recommendations in this regard were presented. Moved by Morgan, seconded by Camacho, this be approved. Carried by unanimous vote. The League of California Cities LEGISLATIVE BULLETIN #3, dated January 18, 1974, with the City Manager's recommendations noted thereon and a letter from POLICE SGT. FRANK CHENELLE, Police Officers Research Association of California Representative request- ing to speak on Items 2, 3, 4, 5 andVossibly 10 on this bulletin were presented. SGT. FRANK CHENELLE, spoke in support of Item 2 regarding SE 522 sponsored by the League, however, he opposes the exclusion of management, confidential and supervisory employees from coverage; this, he feels, is not fair. Sgt. Chenelle stated he agreed with Item 3 (the same bill, SB 2119), they ask that you encourage the Police and Firemen to retire during their employment 47 with heart ailments, back ailments, etc.; this bills asks sget tthathese ytou knock off hernia, ulcers and hypertension, teheihelpedcto write; he opposes ings during employment; Item 4, 1800, the Leagues' recommendation; he objects to combiningACA► 67en the 1800; all the police officers want, are the same rights given that AB 1800 that criminal. Moved by Waters, seconded by Pinson, Council support that bill. City Manager Osburn said atli hhehLs is the League'$ recommendation and he opposed it along w Moved by Morgan, to amend the motion to table Items 2, 3, 4, 5 and 14 until next week. There was discussion regarding the length of time before the bills go to the legislators. City Manager Osborn said he could order the bill and read it. Mayor Moena rgan said e heed that would like the City Manager to study this. Sgt. a letter be sent directly to the Chairman (on AB 1800).said ice Mayor Pinson said that is part of the motion. Mayor Morgwhenyou read these things you get a different view; he is going to en for this this time; however, if the Manager finds this is not right he will talk with Sgt. Chenelle. Carried by unanimous vote. Mayor . he put t Morgan said...and we table the others. Sgt. Chenelle Employeesssd Item 10 in his letter in case a member of the Cityaid wanted to appear in this regard. The League of California Cities LEGISLATIVE BULLETIN #4, dated January 25, 1974, with the City Manager's recommendations noted thereon was presented. Moved by Morgan, seconded by Camacho, these recommendations be approved. Carried by unanimous vote. A letter from OTEY A. TAYLOR, 1318 East First Street, requesting refund of $100 performance bond with Engineering Department notation that the final inspection was approved was presented. Moved by ied by Camacho, seconded by Reid, this request be granted., unanimous vote. The City Engineer's AVO stating they have no objection to the proposed WALL ENCROACHMENT at 8th and "C" (UNITED METHODIST CHURCH) providing the church accepts liability and attachingaanfexet. cutedighwall encroachment removal agreement for encroachmentof a into "C" Avenue was presented. Moved by Reid, ssecondedabyCamacho, this be approved. City Engineer Foster said the City would k them to remove the wall. Carried by unanimous vote. The Park and Recreation Director's memo reporting receipt of a BLEACHRRS request from the UNIVERSITY OF SAN DI EGO to February 10 through May 15, 1974, the University to furnish trans- portation of bleachers, and recommending the request be approved was presented. Moved by Waters, seconded by Camacho, in favor of this request. Carried by unanimous vote. The Park and Recreation Director's memo requesting authorization ation to SPONSOR COLLEGIATE BASEBALL TEAM was presented. Moved by , seconded by Camacho, in favor of the baseball team. Carried by unanimous vote. A letter from the Department of the County E�R��IC,ENGINEER andthe San Diego, regarding possible STATE GRANT FOR A City Engineer's memo recommending no such grant be applied for were presented. Moved by Reid, seconded by Camacho, in favor of the City Engineer's recommendation. There was discussion. City Engineer Foster said it is for a one-year period; there is some merit in having a traffic engineer; at the present time it is the Chief of Police; the responsibilities of this are fairly well divided; he did not feel at this time to bring someone in for one year and then just let him go again would benefit the City; by the time we select an engineer, show him what he is supposed to do, then it is time to fire him. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: Pinson, Morgan. 2/5/74 48 The City Clerk's memo regarding receipt of petition requesting "E"INSTALLATION OF TRAFFIC SIGNALS at intersections of 8TH ST. AND AVENUE and PLAZA BOULEVARD AND "E" AVENUE and attaching a typedcopy of the petition prepared by the City Clerk's office was presented. Moved by Pinson, seconded by Waters, in favor of installing the traffic signals. There was discussion. BILL WILLIAMS, 604 "E" Ave . , was present and said the lights at "D" and 8th are triggered so that the one at Highland and the one at "D" are the types where the cars speed up in order to get through "D" Avenue; it is dangerous foee}he patrol boys; Sgt. Brown, a Police Officer on the Safety stated at a meeting concerning this matter he is literally scared to death to watch this situation at 8th and "Et'; There was further discussion. Moved by Morgan, seconded by Reid, t for one week. Carried by unanimous vote. Mayor Morgan's memo regarding URBAN DEVELOPMENT OF DOWNTOWN f NATNATIONAL CITY recommending that Merrell Watts, Executive Direc Redevelopment Agency, be authorized to conduct study f thf sdowntown National City for the purpose of revamping as much ea as possible under urban redevelopment was presented. Moved by Morgan, seconded by Waters, the Council go along with this andtt authorize Merrell Watts to make a stud of downtown redeve riL....... including 100 or 200 room senior citizens high rise in this area. Carried by unanimous vote. Mayor Morgan's memo regarding DEVELOPMENT OF CITY LAND IN LAS PALMAS PARK for exclusive use of organized youth activity groups recommend- ing (1) the City Manager be authorized to locate a suitable site for exclusive use of groups such as Boy Scouts, Girl Scouts andCampfire Girls; (2) a committee be formed to develop this property with Biggs as Chairman; and (3) if there is not enough suitable land there, the City Manager and Mr. Biggs be authorized to seek other available sites within the City was presented. Moved by Morgan, seconded by Camacho, this recommendation be approved. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of notice from the Dept. of Transportation that they have a parcel of land in National City at the southwest corner of Newell and 24th Street, .76 of an acre, irregular in shape, to o ra by in steep slope, zoned LC, utilities are all in, 420 feet /� gve nnenue and 50 feet on 24th St. Moved by Morgan, seconded by Camacho, zone this open space and notify the State we ire going to declare this as open space. There was discussion. Carried by unanimous vote. Moved by Pinson, seconded by Camacho, refer to the Planning Commission to rezone to open space. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a CLAIM from an attorney representing ABEL PORTILLO, who is suing the City of National City; he recommended this be denied and referred to the City Attorney. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from the SOUTH BAY HISTORICAL SOCIETY requesting the use of a dump truck in the imme- diate future to haul debris from Granger Music Hall to the dump. Moved by Waters, seconded by Camacho, in favor of this request. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a SUMMONS AND COMPLAINT fo r battery and damages from an attorney representing RONALD JOHN GONZALES; he recommended this be referred to the City Attorney; it has already been denied. Moved by Waters, seconded by Pinson, this be referred to the City Attorney. Carried by unanimous vote. 49 CITY MANAGER OSBURN said he has presented plans for the PUBLIC WORKll S YARD; there are some soil problems; for the present design a 30 to 35 feet of dirt or pilings driven in the soil is required; due to the time required for fill, he recommended the use of pilings, estimated cost of $40,000 or $50,000 to put pilings under these buildings. Moved by Waters, seconded by Morgan, in f avor of this recommendation. Carried by unanimous vote. Planning Department transmittal regarding the application for EXEMPTION from installation of FULL WIDTH ALLEY PAVINGGiat ti240rEast 18th Street (U-TOTUM MARKET) sting the Planning ailey section be put om- mended that the National City standardpermanent in was presented. (City Attorney left Council Chambers at 10:32 p.m.) Moved by Pinson, seconded by Reid, in favor of the Planning Commission's recommendation. Vice Mayor Pinson asked what "mis- informed by staff" means? Carried by unanimous vote. Vice Mayor Pinson asked how this applicant was misinformed? Planning Director Gerschler said he would look into this. Mayor Morgan ordered Items b and c under Planning treport ms b abend taken together. Moved by Morgan, seconded by Pinson, c be approved as recommended. Carried by unanimous vote. (Item b. Planning Department transmittal regarding application for EXEMPTION from installation of FULL WIDTH ALLEY PAVING at 1933 "B" Ave. (SCOTT & MALONEY) stating the Planning Commission recommended requiring installation of National City standard permanent alley section. Item c. Planning Department transmittal regarding application for DEFERRAL of installation of FULL WIDTH ALLEY PAVING a9recommend- ed Avenue (ROY E. LEEPER) and stating the Planning Commission the National City standard permanent alley section be sure what installed.) l Vice Mayor Pinson said under Planning Report (a) he is notthe misinformation was but someone was led to believe that he could put that in and was told later that he could not. Mayor Morgan asked Mr. Gerschler to check this and advise Council. COUNCIL COMMUNICATIONS Moved by Reid, seconded by Waters another meeting on the Maytime Band Review is coming up; down where the stage is put up there is a. drinking fountain down there; over the years it has taken abeating, there are a lot of bad remarks and a lot of people see it; it should be moved and another type...something rugged; it could be moved about 18 or 20 feet and they could put the stage and have a half decent drinking fountain there to take care of the Maytime Band Review. Carried by unanimous vote. (City Attorney McLean returned to Chambers at 10:35 p.m.) VICE MAYOR PINSON said in regard to the DRAINAGE DITCH on 8th and Plaza, the City Engineer has made a study on this; the channel was built 35 years ago; it was an open wall concrete cha.n.el; it is not designed to withstapd modern traffic loads; the channel can be covered in either/wo methods: a temporary wood covering for pedestrian traffic only at a cost of about $8,000 (which would not be eligible for gas tax money) or a permanent replacement cover which would cost about $220,000; this could take traffic loads. Mr. Pinson said if Council went the $8,000 version and put planks across there for pedestrian traffic, this would allow the City to get out of that easement (to permit children safe access to school) in those peoples' back yards in that area; a fence could be put in there to keep the k .ds off the street. Moved by Morgan, seconded by Reid, refer this to the Finance Committee for next year. Carried by unanimous vote. COUNCILMAN WATERS spoke of George Mena and the function that is being held this Sunday on his behalf at the Community Hall; his family are in need of funds; he recommended the members oftthe7City 50 Council donate $20 each and give the money to the Mayor t�nppresent to this family and perhaps the paper could write thisup - ss is the poi d encourage the public to attend this on Sunday; there Moved by pots bility that they will be moved out of their home. each member of the City Council donate $20 for this purpose. Motion died for lack of second. Mayor Morgan said he did not like a motion of this type to be made...he has done quite a lot for this purpose; if they want $20 he will give them $20. Councilman Camacho Mayor Morgan urged those present to attend thedinner on Sunday. MAYOR MORGAN recommended the appointment of Leonard Greaser to the Bldg. Advisory and Appeals Board. Moved by Waters, seconded by Camacho, in favor of this recommendation. Carried by unanimous vote. MAYOR MORGAN said Council voted on this Public Works Yard tonight; this has been in the planning for 6 or 8 months; the City hasnne no million dollars lying waiting for this building to be built, l way can this be built and spend the money between now and the first of July; one policeman was hired sometime ago; it takes five to have a unit all the way round the clock; he proposes to Council that revenue sharing money be used from now until July 1 and hire four more policemen for National City and at budget time this be work into the budget. Moved by Morgan, seconded by Waters, to authorize the City Manager to hire four policemen and pay their salaries out, of revenue sharing funds until July 1, 1974 and then wriit into the regular budget for 1974-75. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. Meeting closed at 10:40 p.m. C' y Clerk City of Natial City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of February 12, 1974. 71// No Corrections Corrections as noted below Mayor, Cit o-� National City, California 2/5/74