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HomeMy WebLinkAbout1974 03-12 CC MIN77 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 12, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.n. by Mayor Morgan. ROLL CALL Council members present: Camacho, Pinson, Reid, Morgan. Absent: Waters. Administrative officials present: Campbell, Gerschler, Asst. City Engr. Hoffland, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn. Pastor Milo Wood, First Baptist Church, who was scheduled to give the invocation deferred in favor of Dr. Leroy Westbrook who will retire and leave the community for reasons of health. Dr. Westbrook gave the invocation. Mayor Morgan said Dr. Westbrook has done much for the City, the church and the community; he has been very ill; he was courageous to participate in the many activities in which he took an active interest; he hoped Dr. Westbrook would be able to come to the next Council meeting at which time he will be recognized in the fashion he should be recognized, APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of February 26, 1974 be approved. Carried by unanimous vote. Absent: Waters. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 44, 503.93 Traffic Safety 1,611,58 Park 1,272.39 Retirement 27,915,83 Gas Tax 2106 18.00 Drainage 650.00 Sewer 1,095.73 TOPICS 195.60 Bonita Center 5,000.00 Revenue Sharing 21 ; 420.71 Total $103,683.77 Moved by Camacho, seconded by Pinson, these bills be paid and warrants drawn, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None, Absent: Waters. PAYROLL AUDITED BY THE FINANCE COMMITTEE for period ending February 28, 1974, in the amount of $140,856.94 was presented. Moved by Reid, seconded by Camacho, the payroll be paid. Carried by the following vote, to. -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: None. Absent: Waters. CITY CLERK'S CERTIFICATE OF THE CANVASS OF THE GENERAL MUNICIPAL ELECTION, MARCH 5, 1974: Mayoral Candidates: Morgan 3,473, Rubio 169, Waters 1,427; Council Candidates: Reid 2,540, Bareno 1,676, Dalla 2,954, Duke 1,907; Historical Site Funding Measure: Yes 1,680, No 2,981; Total Votes Cast: 5,177 was presented. Moved by Camacho, seconded by Reid, the resolution confirming the canvass be presented to Council by title only. Carried by unanimous vote. Absent: Waters. 3/12/74 78 RESOLUTION NO. 11,327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICI� PAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 5TH DAY OF MARCH, 1974, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." Moved by Pinson, seconded by Camacho, Resolution No. 11,327 be adopted. Carried by unanimous vote. Absent: Waters. RESOLUTION NO. 11,327 must appear in the minutes in full and is as follows: RESOLUTION NO. 11,327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICI- PAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 5TH DAY OF MARCH, 1974, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. "WHEREAS, a regular general municipal election was held and conducted in the City of National City, County of San Diego, State of California, on Tuesday, the 5th day of March, 1974, as required by law; and "WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and "WHEREAS, pursuant to Resolution No. 11,325 adopted the 26th day of February, 1974, the City Clerk of the City of National City canvassed the returns of said election and has certified the results to this City Council, said results are received, attached and made a part hereof as "Exhibit A." "NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: "SECTION 1. That there were 24 voting precincts established for the purpose of holding said election consisting (of consolidations) of the regular election precincts in the City of National City as established for the holding of state and county elections. "SECTION 2. That said regular general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California to -wit: A Mayor of said City for the full term of four years; Two Members of the City Council of said City for the full term of four years. "SECTION 3. That at said regular general municipal election, the following measure was submitted to the electors of said City, to -wit: Shall expenditures be made from the City's General Fund for the purpose of acquisition and restoration and maintenance of historical sites and historical structures in the City of National City? "SECTION 4. That the whole number of votes cast in said City (except absent voter ballots) was 5,053. That the whole number of absent voter ballots cast in said City was 124, making a total of 5,177 votes cast in said City. 3/12/74 79 "SECTION 5. That the names of persons voted for at said election for Mayor of said City are as follows: Kile Morgan Ruben Rubio George H. Waters "That the names of persons voted for at said election for Members of the City Council of said City are as follows: Michael R. Dalla Robert (Augie) Sareno Luther G. (Joe) Reid Raymond R. Duke "That the measure voted upon at said election is as follows: Shall expenditures be made from the Cityls General Fund for the prupose of acquisition and restoration and maintenance of historical sites and historical structures in the City of National City? "That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective offices for which said persons were candidates (and for and against the measure) were as listed in Exhibit "A" attached. "SECTION 6. The City Council does declare and determine that: Kile Morgan was elected as Mayor of said City for the full term of four years; Luther G. (Joe) Reid was elected as Member of the City Council of said City for the full term of four years; Michael R. Dalla was elected as Member of the City Council of said City for the full term of four years; That as a result of said election, a majority of the qualified voters voting on said measure relating to Historical Site Funding did not vote in favor thereof, and that said proposition was not carried, and shall not be deemed adopted and ratified. "SECTION 7. The City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) The measures voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; (6) The number of votes given in the City to each person, and for and against each measure. "SECTION 8. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Section 11550 3/12/74 80 and Section 11559 of the Elections Code of the State of California, shall deliver to each of such persons so elected a Certificate of Election signed by her and duly authenticated; that she shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respec- tive office to which they have been elected. "SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Exhibit "A" attached (Page 80-A). OATH OF ALLEGIANCE ADMINISTERED TO ELECTED OFFICIALS City Clerk Campbell administered the oath of allegiance to the newly re-elected and elected officials; Mayor Kile Morgan, and Councilmen Michael R. Dalla and Luther G. Reid. COUNCILMAN DALLA said he is grateful for the support given during his campaign; it is his intention to take the responsibility and trust placed upon him seriously; he hopes to conduct himself in the perfor- mance of his office in such a way as to merit respect for his efforts; he will strive for respect, trust and confidence at all times; the next four years offer a challenge for him to contribute to the community that has given him so much. COUNCILMAN REID said he appreciated and was deeply honored by the votes he received; he promised to spend time and work during his term of office; that is what he intends doing; he began this last Saturday night, Sunday, Monday when he attended a meeting which is still going on...County organization of Comprehensive Planning Organizations; most of the States were represented at this meeting; he feels Southern California is the leader; he learned a lot. MAYOR MORGAN thanked the people of National City for re-electing him their Mayor; he will always try to hold this trust so the people of National City will continue to trust him; he challenged Council to lay out a program for next year; he would like to see the shopping center go ahead; this could practically eliminate the property taxes; taxes have been reduced six years in a row and he hopes to continue to do this; he will continue to work for the senior high -.rise (residence) so elderly people who have lived their entire lives in National City will not have to move to another city; he will continue to work on the redevelopment project in the downtown area; the redevelopment project started by the vote of the people in 1967 south of 22nd St. to 29th St. from National Avenue to the freeway is well underway; National Center at Edgemere and 30th Street is going to be a credit to the City; the budget should include grass around as many schools as possible; the Public Works Yard plan is complete and ready to go to bid; the youth center behind the Community Building is being built; plans will be ready within 30 days for the Casa (de Salud) addition; every street in National City should be complted as well as drainage; the Council can work together and solve all these problems and begin new projects. Mayor Morgan introduced Mrs. Morgan and Councilman Dalla introduced his parents. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. 3/12/74 80-A EXHIBIT "A" GENE1:,11_ rtt►N r(:1 I' \l . t.t:c_T[ON CITY t_)F NATION/ " [TY M1\ICI t l 974 Precinct Mayor Council Candidates `' Candidates Itistoric�l Site Funding Measure Total Morgan Rubio Waters Reid Bareno Dalla Duke Yes 560 64 13 10 26 61 43 35 39 91 570 105 35 62 82 65? w 40 85 150 580 199 88 162 102 134 2 178 303 590 78 44 65 38 45 37 73 126 600 610 125 124 • 43 64 66 72 80 92 107 70 131 63 61 66 111 185 123 203 620 160 10 1 53 106 105 148 • 46 80 137 226 630 187 77 155 85 129 104 77 161 280 640 125 159 128 275 133 236 391 670. 5, 84 136 77 155".'; 103 79 159 260 680 14 5 56 80 47 106 74 41 1. 175 700 70 8 72 140 63 137 100 9 33 256 71Ct , 20; 720 740 179 123 9 6 69 147 60 129 43 86 87 90 47 160 113 132 114 86 66 750 780 790 800 182 119 68 151 9 6 5 50 125 58 109 20 41 23 114 59 50 153 118 34 54 48 1 39 68 �M1 1 7 100 283 257 176 245 183 94 184 82C. 155 4 60 121 47 140 86 78 128 223 830 126 12 89 98 71. 136 94 53 150 229 8 F0 110 4 43 60 76 87 59 88 159 86r 132 47 112 41 107 7 52 114 192 880 104 69 91 37 3 69 103 182 Absn tee 4-1 0 76 3473 169 43 80 1427 2540 29 1676 2954 49 124 5177 I hereby certify the above to be the results of the official canvass of the ba U ots of the General Municipal Election held on Tuesday, March 5, 1974. , ,. 4-7 4 _ rt , ... I0N:: fttl [NCG Il: CX,l1 MLL, t.' [ CY ,CLEUK,NATIONAL CI TY ' Dated: March 7, 1974 • 81 Vice Mayor Pinson said the VICE MAYOR should be seated at the same time as the new councilmen and mayor are seated. Moved by Pinson, seconded by Reid, Lou Camacho be appointed Vice Mayor for the next year. Carried by the following vote, to -wit: Ayes: Dalla, Pinson, Reid, Morgan. Nays: None. Abstaining: Camacho. Councilman Pinson said he has enjoyed the position of vice mayor; he is reluctant to give it up. Mayor Morgan said he is pleased that Councilman Pinson made this move; he feels it is proper that when Council reorganizes a new vice mayor is appointed; he always presents the outgoing vice mayor a plaque; he is not prepared to do so tonight; he will do so next week. HEARINGS The HEARING ON RESOLUTION OF INTENTION NO. 11,284 (10th Street, llth Street, 12th Street, "R" Avenue, Paradise Drive, and Palm Avenue, Assessment District No. 161) was held at this time. Protests received from: Dora M. Hergert, 1042 Paradise Drive; Geryl L. & Thelma Crews, 818 Paradise Drive; and Lenora Ortuno, 836 Paradise Drive were pre-. sented. City Clerk Campbell stated the Certificate of Publication, City Engineer's Affidavit of Posting and the City Clerk's Affidavit of Mailing notice are on file. Assistant City Engineer Hoffland said to date the protests amount to about 3% of the area. JOHN WILKINSON, 1628 East llth Street, was present and said he has no objections to the 1911 Act on East llth Street; he would like to know the curb height; he and a neighbor both inquired in this regard at the Engineering Department and were given different answers; he has a problem caused by mud and debris draining from the top of the hill onto his property; he would like the Engineering plans clarified; will the curb be a foot and a half higher across the street from him as indicated to his neigh- bor or as on the plans shown to him at the City Engineer's office? Asst. City Engr. Hoffland said the project would be built as per plan; they will be glad to discuss these plans with Mr. Wilkinson; they do change the grade from one side of the street to the other to help conform to the grade of the property; if there is a drainage problem, they will be glad to look into it. Mr. Wilkinson said his side of the street was in and paid for; if this drainage problem is corrected, will he have to pay for it? the correction could be made at the same time the street work is done. Mayor Morgan said the City has never made a policy of charging someone after they have already paid for the street, Mr. Hoffland said that is true; Council can set that policy to charge only one street one time; once it is in, the City would maintain it. Mr. Wilkinson said he would like to talk the City into making these corrections at City expense as long as they are doing the opposite side of the street. Mayor Morgan said if this is creating a new project he would be doubtful it could be done at City expense. Mr. Wilkinson said he would come in and talk with Mr. Hoff - land in this regard. City Clerk Campbell said in addition to those protests listed on the agenda three were received today: Thomas Smith, Jr., 1911 East 12th Street; Kenneth Suess, owner of apartments at 10th Street and Palm Avenue; and Willa S. Crossley, 2044 East 10th Street; the percent of protest, including these three names, is under 3%. KENNETH SUESS, 747 Monserate Avenue, Chula Vista, was present and said he recently purchased 8 units at Palm and 10th; he is concerned about water which presently drains onto Palm Avenue; he would like the water to continue to drain off his property; he is afraid he may lose two parking spaces. Mr. Hoffland, after conferring with Civil Engr. Assoc. Onley, said it will be one to two feet below Mr. Suess' present grade so it should drain properly; they cannot guarantee a full sized parking space. Mr. Hoffland asked Mr. Suess to come into his office for further discussion. No one else was present in this regard. Moved by Pinson, seconded by Reid, the public hearing_ be closed and the Resolu- tion of Intention No. 11,284 be approved with all stipulations of staff adhered to. Carried by unanimous vote. MR. R. B. JAMES, Coordinator, Law and Justice Agency, was present and 3/12/74 82 spoke regarding reorganization of Court systems within South Bay; he outlined the Board of Supervisors' proposed system for an area to include south San Diego and the South Bay cities as contained in Report on the "Conference on Courts San Diego County" (1/30/74) and supplemental material (filed as Document No. 53028, City Clerk's Office). Mr. James asked for Council support of the proposal and answered questions posed by the City Attorney and members of Council. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read proposed proclamation "International DeMolay Week" March 17 through March 24. Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Dennis Stovall of DeMolay. HEARINGS (continued) The HEARING to ascertain whether the MAINTAINING OF MOTOR VEHICLES at 1920 East 24th Street constitutes a public nuisance which should be abated was held at this time. Planning Director Gerschler said the vehicles cited in the resolution setting this matter for hearing have since been removed from the premises; there now appear to be different vehicles; he has been advised by the City Attorney new notice will have to be given, recommence procedures for hearing; he therefore recommends this matter be continued to April 16. No one was present in this regard. Moved by Camacho, seconded by Reid, in favor of the Planning Director's recommendation, the date be set for April 16. Carried by unanimous vote. Mayor Morgan noted there were people present in the audience from ARCADIA PLACE and the end of 10th and llth Streets and said the proposed closing of Arcadia is not on the agenda tonight; if they are waiting for this item, he would like to let them know it is not. City Clerk Campbell said the hearing is scheduled for March 19. Someone in the audience said a notice had been sent out advising them the hearing would be held on March 12. It was decided the notice went out in error; the hearing would be March 19; published and posted notices read the 19th. Mayor Morgan apologized for the error. The HEARING ON THE AMENDMENT TO THE GENERAL. PLAN (GP-9-73) to provide for residential usage and assign a density limit to property located at 1736 12th Street was held at this time. Planning Department trans- mittals stating: (1) the Planning Commission recommended the proposed amendment to the General Plan be denied on the basis of the high density proposal; (2) the consensus of the Planning Commission was that a lower density, perhaps "medium density," would be acceptable; (3) the property contains .32 acres and "medium density" would allow 5 units -- the applicant proposes 6 units; and (4) required modifications to gain compliance with site plan design requirements would probably limit the project to 5 units were presented. City Clerk Campbell stated the Certificate of Publication is on file. CHARLES MARENO, General Con- tractor, 4675 Edgewater Road, San Diego, representing James V. Toledo, owner of the property, 1735 Plaza Blvd., was present and displayed a drawing of a revised plan (5 units) that would conform with the medium density proposed by the Planning Commission. Planning Director Gerschler said the plan has no bearing on the case, Council is con- sidering tonight a General Plan change; the applicant previously requested high density residential; the Planning Commission denied the high density residential and noted in their comments they might favor a lower density; medium density is the next low density and is being recommended. Mr. Mareno said they propose to build 4 units, townhouses, and there is an existing house making it 5 units on this property; the plan was presented to the Planning Commission with 6 units; they now plan to eliminate the center unit. City Attorney McLean said the purpose of the hearing is to set the density level on the land not to approve a plan. Planning Director Gerschler said Council is considering 3/12/74 83 an amendment to the General Plan; if Council amends the General Plan, then Mr. Toledo could file a zone change. Moved by Morgan, to refer this back to the Planning Commission for study. Died for lack of second. Planning Director Gerschler said the zone is now Commercial; before this can be zoned residential the General Plan must be amended. No one else was present in this regard. Moved by Camacho, seconded by Reid, this be sent to the Planning Commission for reconsideration and further study and public hearing be continued for one month. Planning Director Gerschler said he would meet with Mr. Mareno to prepare his plan for presentation to the Planning Commission. Carried by unanimous vote. The HEARING ON AMENDMENT TO THE GENERAL PLAN (GP 1-74) to change the general land use designation on the easterly 165 feet of the northerly 199 feet of assessor's parcel No. 563-010-31 from "Medium Density Residential" to "Retail Personal Services and Repair" (2500 block Highland Avenue, east side) was held at this time. Planning Department transmittals stating: (1) the Planning Commission recommended the General Plan be amended to change the land use designation on subject property from "Medium Density Residential" to "Retail Personal Services and Repair;" and the Planning Director's statement the front one-half of the property is zoned for commercial use and the applicant wants commercial zoning for the entire site; before a zone change application can be processed, the General Plan must be amended, were presented. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler said in this case this parcel has frontage on Highland Avenue which is now zoned for commercial use and is shown on the General Plan as commercial; the rear 165 feet of the same parcel has a different zoning and General Plan designation; this a rare case where property is divided by zoning boundaries; the rear half is now zoned residential and is shown on the General Plan as residential; the developer would like to improve the entire property for commercial purposes; before it can be zoned commercial, there must be an amendment to the General Plan; it is proposed tonight to show commercial usage on the easterly 165 feet on the General Plan; the Planning ComMission recommended in favor. There was no one present in this regard. Moved by Pinson, seconded by Camacho, the hearin9 be closed and the General Plan amendment GP-1-74 from "medium density residential" to "retail personal services" be approved and all stipulations of staff adhered to. Carried by unanimous vote. The HEARING ON THE PROPOSED ZONE CHANGE (ZC-1-74) to consider amendment to the official zoning map to rezone from C-4 and M-3 to TRC-PD the properties between 22nd and 24th Streets and between National and Roosevelt Avenues was called at this time. The Planning Department transmittal stating the Planning Commission recommended the properties be rezoned from C-4 to TRC-.PD was presented. City Clerk Campbell stated the Certificate of Publication and the City Clerk's Affidavit of Mailing notice of use district hearing are on file. Moved by Pinson, seconded by Camacho, this be continued to April 16, Carried by unanimous vote. The HEARING ON THE PROPOSED AMENDMENT TO THE ZONING REGULATIONS (A-1-74) to provide specific criteria and regulatory provisions for automobile body and fender repairing in the wholesale commercial zone was held at this time. Planning Department transmittal stating the Planning Com- mission recommended in favor of amending Section 8, Paragraph F, Sub- paragraph 2, of Ordinance No. 962 by adding thereto automobile painting with accessory body and fender work, subject to three listed stipula- tions was presented. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler said the Planning Commission recommended in favor of this amendment; this would only add the use of auto painting with accessory body and fender repair; it would not be adding as permissible use auto body shops as such; the Planning Commission limited their proposal to simply auto paint shops with accessory body work. No one was present in this regard. 3/12/74 84 Vice Mayor Camacho asked if this would be what one considers as a complete body and fender shop. Mx. Gerschler said no; it would be a complete paint shop; a body paint shop is a place where they paint the entire car; if one of the fenders had to be repaired before the car could be painted it could be done under this definition. No one was present in this regard. Moved by Morgan, seconded by Pinson, the hearing be continued one week. Carried by unanimous vote. ORAL COMMUNICATIONS JOHN WILKINSON, 1628 East llth, was present and said in regard to the third hearing at 1736 E. 12th Street, he hopes the Planning Commission will really study this; he lives on East llth Street; there are many people who, like him, feel they are being fenced in by apartments. Mr. Gerschler said all of the owners of record within 300 feet will receive a notification. MIKE DURKOVICH, representing NATIONAL CITY AMERICAN LITTLE LEAGUE was present and asked when the baseball facilities in the Kimball Park are going to be upgraded; 250 families are represented in the National City American Little League which utilizes these facilities; money and City labor are being spent for the National City National Little League in the Las Palmas area; nothing is being done in Kimball Park for the American Little League; work is being performed by League volunteers on City property at their own expense for materials; paving was promised between the major and minor league fields by the City where currently a swamp exists; there are mud holes throughout the large dirt areas encompassed by the softball fields, the Cap field on the "D" St. side, the Minor League field and the new construction site behind the library; they have received contributions of fill from private contracting firms in order to build this up so they will get good drainage; the fields are unplayable at this time; he urged Council to act on this. Moved by Morgan, to authorize the City Manager to authorize Mr. Maley to take care of these problems down there in Kimball Park; that is not to say they will take care of all the prob- lems...Died for lack of second. Moved by Reid, to have the City Manager, if he has the money, to have Don Newberry take care of this; Mr. Maley does not have the men and equipment to put down the blacktop and take care of this. Died for lack of second. There was discussion. Moved by Camacho, seconded by Reid, City Manager Osburn to get in touch with the Director of Public Works, _get a measurement on that area and have it blacktopped as they were promised (a year or so ago) and this be done immediately. There was discussion. Carried by unanimous vote. JOHN HOON, 1241 Ranger Road, was present and said he circulated a petition concerning the (Justice) Court in National City; every resi- dent he went to signed the petition to keep the Court in National City; he took the time to go into the homes and listen to the people and learned they had different views on different subjects but all agreed the Court should be kept in National City; there were approximately 2,000 signatures; 95% of the people felt that if any portion of the Court were moved from National City, National City would be absorbed and lose our individuality; they felt San Diego would be taking over the area; they approve of the grass roots system whereby you can solve your own problems in your own neighborhood; there was concern for transportation and gasoline and their individual rights to govern themselves; they felt National City should keep the Court and not just the traffic court; if the City requires a larger court, then get a larger court and not allow the City to be absorbed by a larger city; he does not feel the people of National City would be happy to settle for Mr. James' plan. MR. HOON said he is a letter carrier and his route covers 4th Street, a very heavily traveled street; he is concerned for the children who cross his route; he would like a four-way stop installed at 4th and "D" for the safety of the children; he has been advised to go before 3/12/74 14.1 11,1. 85 the Traffic Safety Committee who will probably turn his request down as they have done in the past; he was also advised he was wasting his time; the speed has been reduced to 25 mph on this particular stretch of street but traffic is moving between 35 and 40 mph in that area; he realizes the cost of a traffic signal would be too much; he would like to have the Traffic Safety Committee inspect the skid marks on "D" and 4th; he learned there were 8 accidents this past year at this inter- section, 4 injury and 4 non -.injury and none were pedestrians. Mr. Hoon said he met with the School Board and the teachers in this regard; he walked petitions the last couple of days. Mr. Hoon read his petition, "..undersigned would like to petition the City Council and the Traffic Safety Committee to make the corner of 4th Street and "D" Avenue a four-way stop. We feel this is needed to allow a safe place to cross 4th Street by the children on their way to and from school;" he obtained 162 signatures. Mr. Hoon read a letter from the National School District Superintendent: "Gentlemen, the National School District supports Mr. John Hoon in his efforts to obtain a four-way stop at 4th and "D"..." Mayor Morgan said he would turn these docu- ments over to the City Manager who will give them to the Traffic Safety Committee. There was discussion. Mayor Morgan recognized James Bird of Bird, Fujimoto & Fish, Architects„ who was present and said New Business Items 10 and 11, (10. A letter from James W. Bird, Bird, Fujimoto & Fish Architects, regarding the proposed PUBLIC WORKS FACILITY listing the solutions offered by the Soils Engineer for the soils problems at the site and stating they are taking the necessary steps in the design to minimize settlement; a letter from Blaylock -Willis & Associates, Engineers in this regard; and a memo from the Assistant City Engineer stating they concur with Mr. Bird's proposed action to place the structural members on pile founda- tions and to design floor slabs to settle with the subgrade. 11. A memo from the Assistant City Manager recommending bids be solicited for the Public Works Center and attaching a copy of the notice to contractors calling for bids) would be considered at this time. City Manager Osburn said it was reported there were problems with the soil and one of the alternatives was recommended to proceed with piling as Mr. Bird suggested. Moved by Morgan, seconded by Camacho, to go ahead with the piling as Mr. Bird su9Qested and authorize the City Manager to put this Public Works Center out to bid (Items 10 and 11). Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the Resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,328, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF SIDEWALK AT 37 NORTH 'R' AVENUE (Villalpando)." Moved by Camacho, seconded by Reid, Resolution No. 11,328 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,329, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF CURB, GUTTER AND SIDEWALK AT 2441 'M' AVENUE (Milligan)." Moved by Reid, seconded by Camacho, Resolution No. 11,329 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,330, "RESOLUTION ACCEPTING COVENANTS RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Milligan and Villalpando)." Moved by Camacho, seconded by Dalia, Resolution No. 11,330 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,331, "RESOLUTION APPROVING EXECUTION OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND HERBERT AND DAVID WILLIAMS FOR CUL DE SAC OF 30TH STREET AT WILSON AVENUE." Moved by Reid, seconded by Pinson, Resolution No. 11,331 be adopted. Carried by unanimous vote. 3/12/74 86 RESOLUTION NO. 11,332, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 3 AND RESCINDING RESOLUTION NO. 11,313 (Euclid Avenue between 22nd Street and 24th Street)." Moved by Pinson, seconded by Camacho, Resolution No. 11,332 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, ordinances be presented to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 3/12/74-1, "An Ordinance of the City of National City Relating to the Guidelines for Implementation of the Governmental Conflict of Interest Act." Ordinance No. 3/12/74-2, "An Ordinance of the City of National City Relating to the Requirements for the Undergrounding of Utilities and Rescinding Ordinance No. 1211." REPORT OF THE CITY ATTORNEY CITY ATTORNEY McLEAN reported the City's appeal of the issuance of an Alcoholic Beverage License for off -sale of beer and wine at the U- TOTEM MARKET at 18th Street has been denied by the Alcoholic Beverage Control Commission of California; he does not feel there is any basis for pursuing that matter in the courts. CITY ATTORNEY McLEAN said an appeal has been filed on the application for an off -sale beer and wine license for the DOUGLAS GAS STATION; that matter will be heard by the State Commission in several months. CITY ATTORNEY McLEAN reported the suit filed against the City by SIEVERT-LEGGETT MEDICAL TRANSFER was resolved by the Superior Court granting a summary judgment in favor of the City's licensing ordinance. The CITY ATTORNEY reported the City condemned some RIGHTS -OF -WAY FOR DIVISION STREET which is a matter known as "NATIONAL CITY VS WEBBER;" the property owners have agreed to accept the values established by the City's appraiser; he recommends the matter be resolved on that basis that the City pay appraised values of $1.11 a sq. ft. for the commercially zoned property. Moved by Reid, seconded by Camacho, in favor of the City Attorney's recommendation. Carried by unanimous vote. UNFINISHED BUSINESS The City Manager's memo regarding estimated costs of 1911 ACT ON 17TH STREET FROM LANOITAN TO RACHAEL AVENUE and recommending project pro- ceed on the schedule as listed; the report of City Engineer and City Manager on the Majority Protest and Debt Limitation Hearing (1931 Act) recommending the project proceed and attaching a copy of the Covenant Running with the Land signed by Lewis W. and Mary M. Vaughn and map data; memo from the City Clerk regarding protests received and attaching copies of letters of protests from Nina Newland, 3035 E. 18th St.,; Alda Gundry, 2703 E. 18th St.; Matias L. and Cleofas Fuentes, 2645 E. 18th St.; Maria Hunton Hallford, 2729 E. 18th St.; and a petition listing: Roberto and Elsie Garcia, 3010 16th St.; Matsue Hamaguchi, 1635 Lanoitan.; Mable G. Addison, 2714 E. 16th St.; Arthur W. and Sayuri McKenzie, 2741 E. 18th St.; Emil and Eloisa Murphy, 639 3rd St.; and typed copies (prepared by the City Clerk's office) of letters in this regard from: John E. Bowlin, 2733 E. 18th St.; Nina Burch, 2830 E. 16th St.; Virginia G. Gladhill, Executrix for property at 2840 E. 16th St.; Mrs. Alda Gundry, 2703 E. 18th St.; Myrtle M. Hartley, 2822 E. 16th St.; John and Hazel Hubal, 2945 E. 18th St.; Mr. & Mrs. Marcus G. Ingle, owners of property at 2907-11-15 E. 18th St.; E. T. Leonard, Jr. and Clarice J. Leonard, 2919 E. 18th St.; Alice and Denton B. Leonard, 2843 E. 18th; Otis and Edith Tidwell, 1642 Rachael Avenue; and Lewis W. and Mary M. Vaughn, 3031 E. 18th St. were presented. (A previous two 3/12/74 87 page petition presented at the Jan. 23 hearing was not presented but included in the protest percentage.) Asst. City Engr. Hoffland said at the hearing on January 23 (debt limitation and majority act) there was an official 43% protest; there have been protests received since that time (which Council is not bound to consider) an additional 14% protest has been received which would make a total of 57%; and he would withdraw his recommendation that this 1911 Act proceed. Moved by Morgan, this be laid over for two weeks and make a decision two weeks from tonight, and authorize the City Engineer to bring those protests up to date. Died for lack of second. NINA NEWLAND, 3035 E. 18th St. was present and asked how the boundaries of a district are determined? There was discussion. Moved by Reid, seconded by Pinson, this project be abandoned. There was further discussion. FRANK PEKAREK, 2829 "I" Avenue was present and said he owns property in this district; ten years ago he went through a paving situation at 4th and "M"; it cost him $500 at that time to have the street and curb put in in front of his property; his portion of the assessment for this 1911 Act is about $2,100; this is an increase of about five times as much as it was ten years ago; if this is put off one more year, how much more will it cost? he feels these few people who are protesting this improvement are hindering the growth of this community; he requested installation of a storm drain to go down through the middle of the property between 18th and 17th St.; this was supposed to go along with the paving of the street; this is a City matter and should be put in by the City and, if necessary, the property owners might have to pay a portion of it. Carried by unanimous vote. NEW BUSINESS The CONSENT CALENDAR, Items la through le, were presented: (a) City Clerk's memo attaching copy of notice received from Army Corps of Engineers regarding application for permit by Dept. of Navy to dredge a depth of 42' below mean lower low water, to transport material and dump into Pacific Ocean. (b) City Clerk's memo attaching copies of notices received from Army Corps of Engineers: 1. Application by Russell S. Penninman, Newport Beach, for permit to construct deck, ramp and float to extend 50' bayward, City of Newport Beach; 2. Application by E. Wm. Sparr, Sherman Oaks, for permit to construct and install deck, ramp and float to extend 48' bayward, Linda Isle, City of Newport Beach; 3. Application by Oceanside Harbor District for approval of existing "J" dock extension Oceanside Harbor; 4. Application by Dept. of Navy, Naval Facilities Engineering Command, San Bruno, for permit to dredge a depth of 20' below meallower low water, transport material and dump into Pacific Ocean. (c) City Clerk's memo attaching copies of notices received from Army Corps of Engineers: 1. Application by Continental Telephone Co. of California, Victorville, for permit to install a submarine telephone cable under the Colorado River between Ariz. and Calif. in San Bernardino County to provde a new cable crossing; 2. Application by County of Orange, Harbors, Beaches and Parks District, Newport Beach, for permit to perform maintenance dredg- ing at Sunset Aquatic Regional Park to restore water depth in small craft marina. (d) City Clerk's memo attaching notice of public hearing before the San Diego County Air Pollution Control District on 3/27/74, 2:00 p.m., County Administration Center, Room 310, to consider proposed changes in the rules and regulations of the District. (e) City Clerk's memo reporting receipt of the amended Comprehensive Planning Organization FY 74 Budget which is on file in her office. Ordered filed by unanimous vote. (The City Attorney left Council Chambers at 9:42 p.m.) Mayor Morgan's recommendation the City contribute $500 to NATIONAL CITY JUNIOR HIGH SCHOOL STAGE BAND and stating the contribution will be used to enable them to participate in the 2nd Annual Hawaiian Festival of 3/12/74 88 Music to be held in Honolulu April 16-22, 1974 was presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendation. Councilman Reid said he has a question for the City Attorney on this. Moved by Camacho, seconded by Reid, this item be tabled. Carried by unanimous vote. Application for new off -sale beer and wine license by the Southland Corporation, dba 7-ELEVEN, 1603 E. 18th St. and the Assistant Police Chief's letter stating investigation revealed no legal grounds for protest were presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. A memo from the Director of Parks and Recreation recommending the LOW BID of Valley Crest Landscape Company be accepted for the SWEETWATER HEIGHTS PARK DEVELOPMENT; the City Clerk's letter reporting the opening of sealed bids (Eugene R. Johnson - $79,160.00; Murphy Hydro Corpora- tion - $99,997.00; T. B. Penick & Sons - $73,233.00; Sharecroppers - $82,681.00; Valley Crest Landscape - $72,271.00) and the Assistant City Engineer's memo regarding the Sweetwater Heights Park, Specifica- tion 789, were presented. Moved by Camacho, seconded by Reid, this be laid over for further study. Carried by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN NO. 7 with the City Manager's recommendations noted thereon was presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommenda- tions. There was discussion. Carried by unanimous vote. (City attorney returned to Council Chambers at 9:44 p.m.) Moved by Pinson, seconded by Camacho, Item 2 (regardin9 contribution of $500 to National City Junior High School Stage Band) be brought back at this time. Carried by unanimous vote. City Attorney McLean said in answer to Councilman Reid's question in regard to the Junior High School Band Activity that Council support of the education of the youth of the community is a public purpose; it is proper to spend the money for that; he sees no legal problems. Carried by unanimous vote. (See paragraph 1 above.) Mayor Morgan ordered Items 6, 7, and 8 16. Memo from the City Clerk attaching a copy of a summons (Case No. 351046) regarding complaint for damages (false imprisonment) by Rodney Scott Sims. 7. The Police Chief's letter recommending claim by Mr. Orned Gabriel be denied 8. The City Clerk's memo regarding claim for damages by Lee Logan and the City Manager's recommendation the claim be denied and referred to the City AttorneObe considered. Moved by Camacho, seconded by Reid, these three claims be referred to the City Attor1y. and denied. Carried by unanimous vote. A letter from the County Administrator, F. D. Aleshire, to the City Manager in regard to Federal Aid Urban (FAU) stating on February 13 the Board of Supervisors took the recommended actions in the attached letter (NO LETTER ATTACHED) and that the same recommendations were approved by the Thoroughfare Advisory Committee on February 4 and requesting confirmation that the City agrees to utilize the City -County Thoroughfare Advisory Committee for the purpose of preparing recom- mendations for the distribution of Federal Aid Urban funds was presented. The City Manager's recommendation that he be authorized to inform the County Administrative Officer that National City concurs with the recommendation was also presented. There was discussion. Moved by Morgan, seconded by Pinson, to oppose this recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. (Items 10 and 11 PUBLIC WORKS were considered earlier in the meeting, Page 85.) 3/12/74 89 A memo from the Director of Parks and Recreation regarding STREET TREES in the north section of the City and recommending that wherever a tree must be removed in this area, the City obtain a replacement tree to be planted at City expense; permission will be obtained from the property owner to plant it in his front yard, where feasible, and also a commitment that the property owner will water the tree when needed was presented. City Manager Osburn said only the trees damaging the sidewalks are being replaced; this damage is set in the State law and it tells how much deviation has to be in the level of the sidewalk before it is considered a hazard; there is $12,000 in the Capital Out- lay Account No. 23 which was to purchase trees for the park; he would like to purchase trees to replace those being taken out. Moved by Morgan, seconded by Pinson, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. Memo from Redevelopment Agency Executive Director regarding BONITA SHOPPING CENTER project and requesting that $20,000 be transferred to Account No. 28 to be used to cover expenses for planning activities was presented. Moved by Camacho, seconded by Reid, in favor of the Redevelopment Agency's request. Carried by unanimous vote. Chief of Police J. F. Liesman's memo requesting "POLICE LIAISON SERGEANT" classification be renamed "POLICE LIAISON OFFICER" and compensation be reduced from 15% to 10% per month was presented. Moved by Pinson, seconded by Camacho, in favor of the Police Chief's recommendation. Carried by unanimous vote. A memo from the Chief of Police recommending the purchase of POLICE EMERGENCY RADIO CONSOLE ($13,563.05, with trade in) and the remaining funds in Account No. 518-511 be used was presented. Moved by Reid, seconded by Pinson, in favor of the Police Chief's recommendation. Carried by unanimous vote. A request by Police Chief to REPLACE unit D-19 with NEW VEHICLE for the Detective Division and stating Lamb Chevrolet was low bidder on a Nova 2-door sedan previously pruchased and vehicles are still available at the same price; rather than trade in D-19, it could be transferred to the Public Works car pool and an older vehicle used as trade-in was presented. Moved by Pinson, seconded by Reid, in favor of the Police Chief's recommendation. Carried by unanimous vote. A letter from Bob Jenner, Chairman, National City Community Rodeo Association, Inc, requesting Council to authorize a PRE -RODEO PARADE to be held September 7, 1:00 p.m. and stating the parade should be about one hour in length and will follow the same route as last year's parade and attaching a map showing the parade route was presented. City Manager Osburn said he has received a later letter from Mr. Jenner requesting the date of the parade be changed from September 7th to September 14 and 15th; the parade would be held on September 14 at 1:00 p.m. Moved by Camacho, seconded by Pinson, in favor of this request. Carried by unanimous vote. A letter from LORELLE E. RALSMA, Park Caretaker I, stating that effec- tive at the close of the working day on February 25, 1974, he is resigning his position was presented. Moved by Pinson, seconded by Reid, his resignation be accepted and the proper certificates be given to him. Carried by unanimous vote. STEP INCREASES for eligible employees approved by City Manager and Department Heads (JOAN DeLAMERE, City Manager's Office; MERRELL DAVIS and JAMES KNEEBONE, Police Department; MAXINE GUDMUNDSON, City Clerk's Office; LEONARD R. MILLAR, Park and Recreation Department; BOBBY EAST, Public Works Department) were presented. Moved by Reid, seconded by Camacho, these be approved. Carried by unanimous vote. 3/12/74 90 A letter from Tom Moynahan suggesting that POLICE TOWING CONTRACT be awarded for a 10-year period rather than a 2-year period was presented. Moved by Pinson, seconded by Camacho, in favor of Tom Moynahan's contract for a 10-year period. There was discussion. Moved by Reid, seconded by Dana, the motion be amended to have a report back from City Mana9er. Amendment to the motion carried by the following vote, to -wit: Ayes: Dalla, Reid, Morgan. Nays: Camacho, Pinson. A letter from R. A. Crozier, Circus Chairman, SOUTH BAY OPTIMIST CLUB requesting permission to sponsor CIRCUS April 6, 1974, South Bay Plaza Shopping Center, with waiver of license and permit fees and the surety bond was presented. Moved by Pinson, seconded by Camacho, in favor of the South Bay Optimist Club. City Attorney McLean said, in answer to a question posed by Councilman Reid, the purpose of the surety bond is to assure the cleanup of the property and to provide a fund to pay any citizen who might be cheated by an operator of one of the games at the circus; there will still have to be insurance. City Manager Osburn said they make a deal with South Bay Plaza whereby they clean up them- selves. BOB CROZIER, 42 Sierra Way, Chula Vista, was present and said the Optimist Club has always given to the South Bay Plaza Shopping Center a copy of the Certificate of Insurance for public liability and property damage; a statement in writing from the DeWayne Brothers Circus that they will repair any damage to the grounds and make a complete cleanup upon completion of the show; in addition, the club members pledge to insure that this is always done and there is nothing left to chance as fax as the operation is concerned; the DeWaye Brothers Circus does not operate any games; it is strictly a children's circus; the only thing they have in addition to the circus performance itself is a concession stand and the animals outside for the children to see; there are no games of chance at this show. City Attorney McLean said the surety bond was created to assure that the place is cleaned up and that no one is cheated in games of chance; he is telling Council those things do not exist in this case. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstaining: Reid. A memo from the Assistant City Engineer requesting authorization to proceed with condemnation actions to obtain required rights -of -way for Euclid Avenue and a memo from the City Real Property Officer in this regard attaching a plat indentifying the proposed acquisition (DARR PROPERTY) were presented. Moved by Reid, seconded by Pinson, in favor of the City Engineer's recommendation. Carried by unanimous vote. REPORTS Planning Department transmittal regarding the VACATION of Public Way-- "M" Avenue Extension, south of 9th Street, north of Plaza Boulevard, Cal -Home Development, Inc. stating the Planning Commission recommended the adoption of a resolution of intention to vacate "M" Avenue Exten- sion, south of 9th St., north of Plaza Blvd. (westerly 30' of San Diego County Assessor's Parcel No. 557-240-10, as shown on Planning Department Drawing No. SC 74-74) subject to the condition that prior to adoption of the resolution ordering vacation of subject public way, reservation of public utility easements shall be confirmed was presented. Planning Director Gerschler said if it is Council's wish to proceed with this recommendation by the Planning Commission, the action tonight would be to refer it to the City Attorney to prepare a resolution setting a date for public hearing at which time Council would hear all the facts. Moved by Reid, seconded by Camacho, this be referred to the City Attorney for proper procedure and action for the public hearing. Carried by unanimous vote. Planning Department transmittal regarding the ANNUAL TRANSPORTATION CLAIM for 2% BICYCLE MONEY recommending a claim for the transportation monies be filed with CPO for construction of a portion of the "Bay 3/12/74 91 Route" system and stating that if the monies were not claimed this year, they would continue to accumulate in a separate fund account (reserved for National City's exclusive use) set up by CPO for this purpose and could be claimed in the following years and a memo from the Assistant City Engineer regarding bike way estimate - McKinley between 13th Street and 18th Street were presented. Planning Director Gerschler said their recommendation is the City authorize filing application for the available bicycle trail money that is available through the State gas tax. Moved by Pinson, seconded by Dalla, in favor of the Planning Director's recommendation. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said on the 600 block of Euclid the CROSSWALK is a safety hazard; he would like this referred to the Traffic Safety Committee for study; it is a dangerous place. Moved by Pinson, second- ed by Reid, this be referred to the Traffic Safety Committee for study. Carried by unanimous vote. Councilman Pinson said right between the medical building and the hospital. MAYOR MORGAN asked Assistant City Manager Stenberg if he is preparing something to be submitted for better bus service in National City; next year the City will have more money; on 8th Street the bus passes every 90 minutes; there is a need for transportation on "L" Avenue. Mr. Stenberg said they have several requests in and they are being con- sidered by the Transit Board now; their actions will be taken after their annual shake up on their union contract in June; "L" Avenue is being considered; he will be unable to find out the exact amount of funds that will be available for another month or six weeks; when he does learn this he will report it to Council. MAYOR MORGAN said Council has discussed the drainage on Peach Blossom. Mayor Morgan asked the City Attorney if the City has a law suit pending in this regard? Moved by Morgan, seconded by Camacho, to authorize the Public Works Director to help these people in cleaning up where needed and clean up the streets in the Peach Blossom area. Carried by unanimous vote. MAYOR MORGAN asked Assistant City Engineer Hoffland why the contractors started the McKinley sewer job before the "0" Avenue sewer job where the people have a problem and have been waiting so long to get this taken care of. Assistant City Engineer Hoffland said he thinks the contractor might have had more profit in the McKinley area than he did in the "0" Avenue area; usually, they try and get the most money first to operate on; he will talk with the contractor, emphasize the importance and see how soon he can get in there. Moved by Camacho, seconded by Pinson, the meeting,be closed. Carried by unanimous vote. The meeting closed at 10:07 p.m. TClerk City of Nati al City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of March 19, 1974. 1-77( No corrections Corrections as noted below Mayor, 'ty o a ional City, California 3/12/74