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HomeMy WebLinkAbout1974 03-19 CC MIN92 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 19, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:31 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dana, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Asst. City Engineer Hoffland, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed by invocation by Hubert Campbell, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of March 12, 1974 be approved. Carried by unanimous vote. HEARINGS The CONTINUED HEARING to amend zoning regulations to add thereto specific provisions allowing "TRADE SCHOOLS" IN COMMERCIAL ZONES, including development standards and use limitations related thereto was held at this time. A Planning Department transmital stating (1) the Planning Commission recommended amending Section 8-B of Ordinance No. 962 by adding a new paragraph 5 as recommended by staff; (2) Council directed the Planning Commission to re -study types of uses that would be allowed; and (3) the Planning Commission reviewed the case and revised their recommendation to only include very light uses such as Professional, Business and Technical Schools, etc. and further that "Industrial" type trade schools have been deleted was presented. Planning Director Gerschler said this matter was heard by the Planning Commission sometime ago and presented to the City Council; the City Council conducted a public hearing and sent it back to the Planning Commission for further study and report; Council asked the Planning Commission to look at limiting trade schools to perhaps lighter uses; it was proposed that they include up to indus- trial type trade schools; the Planning Commission further considered this and modified their recommendation to limit this to very light uses such as professional, business and technical schools and to not include industrial type trade schools. No one was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be closed and the zoning regulations be amended to allow trade schools in Commercial Zones and all the recommendations of the Planning Com- mission and staff be adhered to. Carried by unanimous vote. The CONTINUED HEARING on proposed amendment to the zoning regulations (A-1-74) to provide specific criteria and regulatory provisions for AUTOMOBILE BODY AND FENDER REPAIRING IN C-4, wholesale commercial zone was held at this time. The Planning Department transmittal stating the Planning Commission 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 stipulations was presented. Planning Director Gerschler said this came to the attention of the Planning Commission by way of a business license application for an automobile paint shop where they wanted to be able to repair bodies of cars they were going to paint; the C-4 zones does not allow auto body shops and it allows auto paint shops only by way of a prior zoning 3/19/74 93 code interpretation; the Planning Commission initiated a procedure to consider a code amendment, gave notice, held public hearings, and after considerable discussion, recommended to the City Council the code amendment to allow automobile paint shops with accessory body work as permitted uses in the C-4 zone; this does not allow auto body shops. There was discussion, No one was present in this regard Moved by Camacho, seconded by Reid, the hearing be closed and the proposed amendment to the zoning regulations (A-1-74) to erovide specific criteria and regulatory provisions for automobile body and fender repairing in the C.4 zone and all stipulations of the Planning_ Commission be adhered to. Carried by unanimous vote. The Hearing on INTENTION TO VACATE AND CLOSE all or part of ARCADIA PLACE from the northerly line of 10th St., south a distance of three hundred ninety feet more or less was held at this time. The Planning Department transmittal stating the Planning Commission recommended that said Arcadia Place vacation not be approved but that an 8' high chain link fence be installed along the median for the entire length of said street; the City Engineer's memo giving a design section and the estimated cost of construction of Arcadia Place south to Plaza Boulevard, attaching Engineer's Drawing No. 626-B; and a memo to the City Engineer from Asst. City Manager Stenberg attaching an excerpt from February 20, 1974, minutes of the Traffic Safety Committee in this regard were presented. City Clerk Campbell stated the Certifi- cate of Publication and City Engineer's Affidavit of Posting were on file. City Attorney McLean read his letter of March 19, 1974, regarding the proposed vacation of Arcadia Place and citing relevant parts of Sec. 8323 of Streets and Highways Code, and his "Conclusion. Arcadia Place may be vacated if the City Council determines from substantial evidence that the street is no longer necessary for public purposes; and, that the public interest, convenience and safety would be served by vacating of the street. No sufficient evidence has been presented to support such a conclusion as a matter of law. If Arcadia Place is vacated, the possibility of a damage claim for interference of access exists; and such a claim would be greatly enhanced if the City were to construct a fence barring physical access from the apartments to adjacent public street." Asst. City Engr. Hoffland said a cost estimate of extending Arcadia to Plaza Boulevard was made; they could construct a drain and over that a roadway which would be equivalent to a half a street to Plaza Boulevard; they do not necessarily recommend this. DON WORLEY, Seltzer, Caplan, Wilkins & McMahon, Attorneys, 3003 4th Avenue, San Diego, was present to represent Plaza Manor Association and the owner of the apartment building; the law governing street vacations has been ably briefed by the City Attorney; State law requires that Council find that Arcadia Place is unnecessary for present or pros- pective street purposes; this cannot be done based on evidence that will be presented tonight; Arcadia Place is necessary; there is and always has been a need for Arcadia Place and for the access which it provides to and from the Plaza Manor Apartments via 10th and llth Streets; the City granted a Residential Planned Development Permit for Plaza Manor Apartments; a requirement of that permit was "...the westerly 30 feet of Arcadia Place between the northerly line of l0th Street and the southerly line of llth Street shall be dedicated and improved with curb, gutter, sidewalk, driveways and pavement as approved by the City Engineer;" Plaza Manor made that dedication and those improvements; there was a need for access to Plaza Manor Apart- ments via Arcadia at that time; that need has not changed; Plaza Manor has 372 units and access to 140 of those units is via Arcadia Place; if this access were denied to these 140 units, all 372 units would have to enter and exit via a much busier street, Plaza Boule- vard, which in turn would create a more severe traffic problem; the problem should be taken care of via a traffic control solution as recommended by the Chief of Police. Mr. Worley said what brought this matter before Council under the guise of a "street vacation hearing" was that the neighboring residents were concerned about foot 3/19/74 94 traffic on 10th and llth Streets, the alleged burglarization of their homes by residents of Plaza Manor, and the throwing of such things as beer cans and bottles on front yards allegedly by residents of Plaza Manor Apartments;...it is a people problem not a traffic problem; this street vacation is an attempt by the neighboring homeowners to fence in Plaza Manor Apartments; it is an attempt to create a ghetto -- a government -imposed segregated, isolated, walled -off neighborhood because the residents of Plaza Manor Apartments are somewhat poorer and many are members of minority groups, their neighbors want a.fence built to separate them; they are asking Council to participate in this action; many of the residents of Plaza Manor Apartments are senior citizens and many are young married people trying to get a start in life; if there are problems caused by acts allegedly com- mitted by some residents of Plaza Apartments, then let's solve these problems and not build a fence around them. CARL WARNER, 2721 Plaza Boulevard, Manager of Plaza Manor Apartments, was present and said he lives at Plaza Manor Apartments and has been quite happy there; Plaza Manor Apartments is a city within a city; they have all the problems that a city has; they have a very professionally oriented staff managing Plaza Manor. Mr. Warner said Council should consider the fact that there are only five entries into Plaza Manor and closing three of them will close 60% of the entry ways; the tenants must have a way in and a way out; it is unreasonable to consider crowding them out onto a thoroughfare that is already over -crowded; there are over 100 senior citizens who are tenants; they would be forced to use a busy street for their shopping; these people...react more slowly; they are concerned about traffic; this would be a burden for the senior citizens. Mr. Warner continued a good portion of the rent dollar paid by the tenants of Plaza Manor goes toward the tax bill; they pay a heavy tax bill; they pay for the maintenance of the streets...10th Street, llth Street and Arcadia Place; they improved Arcadia Place; they are entitled to use these streets as they paid for them and continue to do so; traffic would not have been any less heavy had there been residential homes instead of apartments in that area; one of the arguments concern children playing in the streets; children simply cannot play in through streets; this cannot be done in any area in National City. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan asked if there was anyone else present to speak in opposition to the street vacation and if not, before those in favor of the street vacation spoke, he would like to make a presentation to Mr. Hernandez and his son; Mr. Hernandez must return to his business. Mayor Morgan presented certificate of appreciation to Messrs. Tony M. and Dominic Hernandez who a few months ago saw a young school girl being attacked; they stopped their car, caught the attacker and held him for the police; today so many people turn their head when there is danger, but these gentlemen risked their lives and held this man until the law came; it is a good thing when people take a stand for law and order and become involved (Mr. Hernandez and his son are the owners of Winchell Doughnuts in National City). Hearing continued on Proposed Vacation and Closing of a portion of Arcadia Place. LARRY BURKE, 3014 E. llth, was present and said it would appear they are trying to segregate the apartments from 10th and llth Street; the problem has been the traffic on those streets; he suggested Council come to his house and watch the dragging up and down that street; he is not saying the traffic is coming from the housing development; he recognizes most of it does not come from Plaza Manor; he would like to see 10th and llth Streets dead ended; if they go into 3/19/74 95 the apartments, that is okay; people have every right to use those makesI streets; with Arcadia Place open it a horse shoe that s used as a race track; if these streets were dead ended they could just go into the apartments and out again and it would eliminate the racing around Arcadia Place. ROY EDWARDS, 3010 E. 10th, was present and said he thought the City Council, the Mayor, and National City's own City Attorney could settle this; he was not aware they would have to fight someone's attorney; he resents some attorney coming in to tell the citizens of the City what they can and cannot do; theidea was that traffic was too heavy and too fast; he felt the decision has been made before the hearing started. CHARLES HECK, 2911 E. 10th, was present and said at one time they thought this area would pro- vide a place for the Chargers, and then a shopping center; it turned out to be high density apartments. Mr. Heck suggested the whole apartment complex be utilized by senior citizens. NORMA DIBLEY, 3003 E. llth St., was present and said Mr. Burke had expressed hers and her husband's feelings in this regard. Councilman Pinson displayed a map of the area and outlined a proposal whereby Arcadia Place could be bisected by a fence between 10 and 11 Streets to stop the flow of unnecessary traffic but provide access to the apartments by the tenants. Mr. Worley said Plaza Manor Apartments would not object to such a proposal; as long as the tenants can get to and from the apartments they would not object. City Attorney McLean said Council would want to have a report from the Fire Department in particular. There was discussion. It was noted the residents of 10th and llth Streets seemed to be agreeable to the proposal. Moved by Camacho, seconded by Reid, the hearing be continued for one week and a staff Lport on the feasibility of this proposal be brought to Council Including a report on fire protection (amended motion). Carried by unanimous vote. ORAL COMMUNICATIONS ROY EDWARDS, 3010 E. 10th Street, inquired when Plaza Boulevard would be repaired? City Manager Osburn said the center section is still temporary street; the permanent street will be put in after the State gets through (I.-805); gas and water mains should be installed before the street is fixed. ROY EDWARDS inquired what could be done about the fellow who comes over to the Alpha Beta Market (Harbison Ave.) about 10 or 11 o'clock at night to do the vacuuming; the noise caused by the vacuum cleaner bothers him. City Manager Osburn said he would check into this. DAVID DERAS, PRIDE, INCORPORATED, was present and asked Council to consider Pride's application for no fee solicitors permit (Item 8, under New Business) at this time; some of the children with him are sleepy and tired. The letter from Theodore B. Novack, PRIDE, requesting a no -fee solicitor's permit and the License Collector's memo recommending the request be denied but that they be allowed to pay for a permit was presented. Mr. Deras said this is a request for a renewal; a no -fee license was granted to them last year on March 20, by Council. Mr. Deras showed a copy of the license to Council saying their status has not changed; they are not a profit making organization; they help disadvantaged children; it is a self- help organization; the children are taught to help themselves rather than to accept welfare; they earn their own money, pool it and go to summer camp, contribute to charities, etc. Mr. Deras said they have paid staff consisting of Counselors who are paid $100 a week; he is paid $125 a week; he has licenses from San Diego, Chula Vista, La Mesa, Oceanside on up to the Los Angeles area. Moved by Reid, seconded by Camacho, this license fee be waived and they be permitted to get that license. Carried by unanimous vote. LOUIS STRAHAN, 1135 East 30th, was present and said he gave a copy of the Los Angeles County licensing for theatres to the Mayor's 3/19P4 96 secretary to be duplicated and handed to the members of Council. City Attorney McLean said this came in about three weeks ago and was distributed at that time. Mir. Strahan said he understands there is a bill before the State Legislature...to license all employees of theatres so there will be some control of them; there has been trouble here and in San Diego and everywhere; next week their busi- ness representative will be down and try to work something out; he is only interested in projection as a member of the projectionist union; they will, however, try to handle anything that falls in their laps; he understands the City has no control over this now. Moved by Morgan, seconded by Reid, this communication be found and llac, aa on Council agenda_next,weeekk. Carried by unanimous vote. JOE CRAIN, 2430 Seawind Drive, Delgado Terrace, was present and said he has been before Council before asking for help; the Delgado Terrace park and playground have been completed; they are now planning a celebration March 30 at 1:30 p.m. and Council is invited. PRESENTATIONS AND PROCLAMATIONS (continued) MAYOR MORGAN presented a plaque of appreciation to Councilman Pinson for serving as VICE MAYOR for the past year. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be resented to Co uncil +ay title only. Carried by unanimous vote. RESOLUTION NO. 11,333, "RESOLUTION APPROVING LOT SPLIT LS-.1-74 (TENTATIVE PARCEL MAP) ON PROPERTY LOCATED AT SOUTHEAST CORNER OF 16TH STREET AND 4L9 AVENUE (Cornelia Thoe)." Moved by Reid, seconded by Pinson, Resolution No. 11,333 be adopted. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. RESOLUTION NO. 11,334, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE SWEETiIATER KIWANIS CLUB." Moved by Pinson, seconded by Reid, Resolution No. 11,334 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: None. Abstaining: Dalla, Morgan. RESOLUTION NO. 11,335, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURE." Moved by Camacho, seconded by Pinson, Resolution No. 11 335 iae adopted. Carried by unanimous vote. RESOLUTION NO. 11,336, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC STREET, TEMPORARY SLOPE EASEMENT AND DRAINAGE EASEMENT ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE; AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COMMENCE IN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PUR- POSE OF ACQUIRING SAID PROPERTY (Euclid Avenue Extension - James Darr, Jr.)." Moved by Camacho, seconded by Reid, Resolution No. 11,326 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,337, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR IMPROVEMENT OF EUCLID AVENUE AND EUCLID AVENUE EXTENSION." Moved by Reid, seconded by Pinson, Resolution No. 11,33? be adopted.. Carried by unanimous vote. 3/19/74 97 RESOLUTION NO. 11,338, "A RESOLUTION OF THE CITY OF NATIONALITYEL+OP•- AMENDING THE LEGAL DESCRIPTION DESCRIBING A SURVEY AAREA FOR ORED VE EDE MENT PURPOSES AS PREVIOUSLY DESCRIBEDpinsoIN �n,IlBIT Resolution No. 11 338 ' OF 11,215." Moved by Reid, Seconded y be adopted. Carried by unanimous vote. NO. 11 339, "RESOLUTION OF THE CITY COUNCIL OF NATIONAL RESOLUTION9 CITY, CALIFORNIA, AUTHORIZING FILING A CLAIM FOR 2%y tBICoCLEil E FOR THE 'LOCAL TRANSPORTATION FUND' (approved ded by Dalla,yResolution No. t 3/12/74 meeting). Moved by Reid, s 11,339 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,440, "RESOLUTION ORDERING WORK loth Street, llth Street, 12th Street, 'R' Avenue, Paradise Drive andnPalm Avyenue, Assessment District No. 161)." Moved by Reid, Resolution No. 11,440 be adopted. Carried by unanimous vote. loth Street, RESOLUTION NO. 11,441, "RESOLUTION ADOPTING WAG E SCALE (llth Street, 12th Street, 'R' Avenue, Paradise Drive and Palm Avenue, Assessment District No. 161)." Moved by Reid, seconded by Dalia, Resolution No. 11,441 be adopted. Carried by unanimous vote. RESOLUTION NO„ 11,442, "RESOLUTION APPROVING EXECUTION OINCORPORATED Moved BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW, Moved by Reid, seconded by Dalia, Resolution No. 11,442 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented tounanimous vote. Council for first reading by title only. Carried by Ordinance No. 3/19/74, "An Ordinance of the City of National City, California, Adopting the 'National City Municipal Code,' a Codifica- tion of the Permanent and General Ordinances of the City of National City, California, together with Those SecondaryCodes State Adopted fdalyforr�ia, Reference as Authorized by the General Laws of the Save and Except Those Portions of the Secondary Codes as are Deleted or Modified by the Provisions of this Code." Councilman Pinson asked that Council be furnished a copy of the Code before the Ordinance is presented for second reading. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1413 (4//4/Z4-1), "AN ORDINANCE OF THE CITY OFATIONAL CITY RELATING TO GUIDELINES FOR THE IMPLEMENTATION GOVERN- MENTAL OF THE CONFLICT OF INTERESTS ACT." Moved by Pinson, seconded by Reid, Ordinance No. 1413 (4/ /74--1) be adopted. Carried by unanimous vote. ORDINANCE NO. 1414 (4/12/44--2), "AN ORDINANCE ESTABLISHINGINTR GHE ILATIOS AND PROCEDURES FOR THE REMOVAL OFINOVERHEAD UNDERGROUND UTILITY DISTRICTS."AL- OF UNDERGROUND FACILITIES Moved by Camacho, seconded by Reid, Ordinance No. 1414 0,112,E 4^a) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: 3/19/74 98 General Fund $17,909.33 Sewer 25,076.35 Revenue Sharing 12,654.39 Traffic Safety 2,794.99 Park 484.29 Gas Tax No. 2106 4,294.80 Bonita Center 50.00 Total $3,264.15 Moved by Camacho, seconded by Reid, these bills bepaaid and warrants drawn. Carried by the following vote, to. -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE for period ending March 15, 1974, in the amount of $123,694.30 was presented. Moved by Camacho, seconded by Reid, this payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Mayor Morgan asked the City Attorney if new appointees to the Planning Commission would be furnished copies of the Conflict of Interest Ordinance (Ord. No. 1413). City Attorney McLean said they would be given a copy; the ones now serving will also be notified. UNFINISHED BUSINESS 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 Assistant City Engineer's memo stating Valley Crest Landscape bid of $72,271 amounts to devel- opment costs of $31,400 per acre and the City Clerk's letter reporting the opening of sealed bids (Eugene R. Johnson - $79,160.00; Murphy Hydro Corporation -- $99,997.00; T. B. Penick & Sons - $73,233.00; Sharecroppers - $82,681.00; Valley Crest Landscape - $72,271.00) were presented. Moved by Pinson, seconded by Camacho, to coo ahead with this project and accept the low bid of Valley Crest Landsca2e. Carried by unanimous vote. Mayor Morgan said this was supposed to be completed June 26 and asked if it is still on schedule. Mr. Stem - berg said it was held up a week and that might affect the completion date. A letter from TOM MOYNAHAN suggesting that POLICE TOWING CONTRACT be awarded for a 10-year period rather than a 2-year period and the City Manager's memo regarding towing contracts in neighboring cities stating that the cities of Carlsbad, Coronado, El Cajon, Imperial Beach and Oceanside have no contracts but rotate towing calls among the licensed tow vehicles; Chula Vista, Escondido and San Diego all have contracts; National City has about the most stringent towing contract of any of the cities investigated were presented. Moved by Pinson, seconded by Camacho, in favor of Tom Moynahan' s sucoestion that the towin contract be awarded for a 10- ear eriod. There was discussion. Moved by Dalla, the motion be amended to 5 years. Died for lack of second.. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. NEW BUSINESS The CONSENT CALENDAR, Items la through li were presented: (a) City Clerk's memo regarding notices received from Army Corps of Engineers: 1. Application by Wm. Ferdi, Corona Del Mar, for permit to construct and install a deck, ramp and float to extend 60' bayward, Linda Isle, Newport Beach; 2. Application by Chester Firestein, Newport Beach, for permit to remove existing pier landing and install a new pier landing Lido Isle, Newport Beach. (b) City Clerk's memo regarding notice received from Army Corps of Engineers regarding application by City of San Diego, City 3/19/74 99 Operations Building, for permit to install artificial reef composed of two independently anchored rubber tire clusters submerged below the pier and half -way between the concession building and the "T" intersection of the San Diego Municipal Fishing Pier, Ocean Beach. (c) City Clerk's memo regarding notices received from Allan J. Thompson, Atty. for San Diego Gas & Electric Co., that appli- cation has been filed with PUC requesting authorization to further increase its rates and charges for gas service by 6.56% and for electric service by 8.61%. (d) City Clerk's memo regarding two notices of hearings before PUC relative to application of Greyhound Lines, Inc. for an order authorizing a state-wide increase in intrastate passenger fares. (e) City Manager's recommendation 2/13/74 minutes of the Library Board be approved and filed (minutes attached). (f) City Manager's memo filing 2 items with the City Clerk. (1. Certificate of Insurance from Ohio Farmers Insurance Co., Westfield Center, Ohio, insuring Bataan Assn. of Southern Calif., Inc., c/o Renato Adrid, 316 Maple St., Chula Vista, Policy No. GLA335996; 2. Letter from San Diego County Water Authority, 2750 4th Ave., San Diego, enclosing tabulations showing changes in quantity of Authority -stored water as of 2/28/74, and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1973-74.) (g) Notice by Department of Transportation that clearances will be impaired until about July 1974 on 8th St. at Route 805 due to construction of 8th St. U.C., Bridge #57-644. (h) Letter from National School District stating they support Mr. John Hoon's efforts to obtain four-way stop at 4th St. and "D" Ave. (i) San Diego Gas & Electric Co. Statement of Electric and Gas Revenue from Customers in the City of National City for the Calendar Year 1973 subject to the Franchise Fee under Ordinance 607. Councilman Pinson requested Item (e) be pulled out and the remainder of the Consent Calendar be approved. Consent Calendar Items la through ld and Items lf through li ordered filed. Councilman Pinson said Item le was the City Manager's recommendation the Library Board minutes be approved and filed; there may be a possibility the City is losing some revenue; he would like this to be held for one week and have the City Manager, the City Attorney, the City Treasurer and the Librarian meet and look into this to determine if a better percentage of interest for the Library Trust Fund could result from suggestions and guidance from the City Treasurer. Moved by Pinson, seconded by Reid, these Department heads, the City Manager and the City Attorney meet and discuss this. There was discussion. Carried by unanimous vote. A memo from Jerry Harris, Chairman, TRAFFIC SAFETY COMMITTEE, recommending the Engineering Department do an engineering study to determinethe feasibility of a traffic signal at BURDEN DRIVE ON 8TH STREET and attaching a petition requesting a stop light be installed at that intersection was presented. Moved by Pinson, seconded by Camacho, in favor of the Traffic Safety Commission's recommendation. Carried by unanimous vote. Mayor Morgan asked the City Manager if Fig Street comes to Division Street? is that the first street west of Palm Avenue? City Manager Osburn said it is "0" Avenue. Mayor Morgan said whatever street it is, there is more traffic since they blocked off the freeway there; there is no stop sign at Division Street and the first street west of the freeway; there are a lot of complaints and children in that area; he is in favor of putting a stop sign there. Moved by Morgan, seconded by Reid, 2,(2.2A212111s put in there...that first street west of Palm Avenue (at Division). Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. City Manager Osburn asked if the stop sign is to be on Division St.? Mayor Morgan said on the street that comes out to Division Street. 3/19/74 100 A letter from Jerry Harris, Chairman, TRAFFIC SAFETY COMMITTEE, recommending PARKING be changed from horizontal to DIAGONAL on McKINLEY, both east and west sides between 19th and 23rd Streets and west on 20th Street between McKinley Avenue and Cleveland Avenue south side only with one condition; the condition involved is that the work will not be done until street repairs now in progress are completed was presented. City Manager Osburn asked that this be deferred for one week; it may interfere with the bicycle path. Moved by Camacho, seconded by Reid, in favor of the City Mana9er's request. Carried by unanimous vote. A letter from Jerry Harris, Chairman, TRAFFIC SAFETY COMMITTEE, regarding BOYS' CLUB traffic control, 14th and 15th Streets and "D" Avenue, stating time should be allowed to see if the recent addition of a crosswalk in this area would correct the situation, and request- ing that the Administration meet with the Manager of the Boys' Club for a safety program was presented. Moved by Pinson, seconded by Camacho, this be held over. Carried by unanimous vote. The City Manager's memo stating Council action was requested for New Business Items c, d, e, f, g, and h (Items f and g considered in two paragraphs immediately above) of the February 20, 1974 TRAFFIC SAFETY COMMITTEE MINUTES (attached) and stating that Item d refers to "L" Avenue from 26th to 30th Streets and should be studied care- fully prior to any commitments to widen this street was presented. (Item c concerns the installation of 'No Parking' signs on the dirt road going from Van Ness to 20th Street and Public Works is to locate and place signs.) Mayor Morgan asked where the dirt road is located; he could not locate it. City Manager Osburn said he would find out exactly where it is. Mayor Morgan said he would hate to see "L" Avenue widened as it would involve removing trees. Assistant City Engineer Hoffland said he got a traffic count on "L" Avenue today; there was a count of 2,500 cars a day which is quite low. Item d (widening of 'L' from 26th to 30 using tax monies) was ordered filed by unanimous vote. Moved by Pinson, seconded by Reid, to hold Item c over for one week until the dirt road can be located. Carried by unanimous vote. (Item e - Public Works check out replacement of stop sign going north on 'D' at 4th and replace if needed.) Moved by Morgan, seconded by Pinson, Item e be filed. There was discussion. Mayor Morgan asked the City Manager to look into this and if he feels a larger sign would solve the problem, could he report on that? Ordered filed by unanimous vote. Councilman Dalla said Item f has been taken care of under Item 2, of New Business; Item g was taken care of under Item 3, of New Business. Moved by Pinson, Items f and g be filed. Items f and g ordered filed by unanimous vote. (I.tem h, concerns painting of yellow curbs in front of doors of Suites B and C located at the John Keeley Company, 241 W. 35th Street.) There was discussion. Moved by Reid, seconded by Pinson, this (Item h) be held over for one week. Carried by unanimous vote. A letter from the COUNTY ADMINISTRATOR regarding intended CHANGE in program for FINANCIAL AID TO CITIES for construction of City -County thoroughfares in county budget for FY 1974-75 stating the Board of Supervisors directed him to report to them any comments regarding their intent to reduce next fiscal year's budget Thoroughfare Funding and their intent to reduce the term of future project agreements was presented. Ordered filed by unanimous vote. City Manager Osburn said money for, Euclid Ave. has been allocated. There was discussion. Letter from ISKCON of San Diego requesting a PERMIT TO SOLICIT and stating they are a non-profit religious organization; the permit is needed to present legal proof to police officers of their right to solicit was presented. Moved by Pinson, seconded by Camacho, this be denied. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. City Attorney McLean said his position is the application for permit is a convenience for the Police; 3/19P4 101 he does notthink they need a permit; if they get a permit they will come in a register; if Council wants them to register with the Police, he would recommend Council give them a no -fee permit. Moved by Pinson, seconded by Camacho, for reconsideration. Carried by unanimous vote. Moved by Pinson, seconded by Reid, in favor of ISKCON's request for a permit to solicit. Carried by unanimous vote. The request by PRIDE for a no -fee solicitor's permit and the License Collector's recommendation the request be denied was acted upon earlier in the meeting (Page 95, Paragraph 4). The request from NATIONAL CITY LINCOLN ACRES COMMUNITY ACTION COUNCIL for no -fee use of Kimball Building Annex on April 5, 5:00 to 10:00 p.m. was presented. Moved by Camacho, seconded by Reid, this request be 9ranted. Carried by unanimous vote. STEP INCREASE for eligible employee approved by the Department Head and City Manager was presented (FRANCIS TURNBOW, Engineering Depart- ment). Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. A memo from the CITY TREASURER requesting that a new AUDITING FIRM be considered for the City was presented. Moved by Pinson, seconded by Camacho, in favor of the City Treasurer's request. Carried by unanimous vote. Application of RAY BROCK for refund of $25 stating this amount was submitted with a request for waiver on driveway requirements for property at 25 West llth Street; the building plan has been cancelled was presented. Moved by Reid, seconded by Camacho, this request be approved. Carried by unanimous vote. A letter from Carolyn M. Ross. ST.MAXTHEWIS EPISCOPAL CHURCH request- ing the City of National consider becoming the sponsoring agent on their application for a federal grant and attaching a sample resolu- tion was presented. City Manager Osburn said the reason this is on the agenda is because the election went the way it did; the voters asked that Council not spend City money for historical monuments; there is some responsibility to becoming a co-sponsor; it would require the City to pay half although the church says they have the money in the bank for their half of the contribution; the facilities must be kept open; he does not know how expensive that will be or what the City will be getting into there; they cannot get the grant without the City becoming the sponsoring agent; the church said they have money in the bank for their half of the work, however, there is nothing there for keeping it open. There was discussion. CAROLYN ROSS, Secretary, St. Matthews Church was present and stated they have $5,000 in the bank for this project; they anticipate no problem; since the Church is a registered historical monument in National City, they felt they should ask the City to sponsor; the estimate of the total they are asking for is $8,000 which is above the estimate for the project; they were advised to ask for more than appears to be required because if they run short they cannot ask for more money; the church is open when the office is open from 8:30 to 12:30 five days a week. City Manager Osburn said he sees no problem as long as they keep it open; the City has to insure that it is keptopen. Mrs. Ross said it is up to the Church when it is kept open; they are asking for no financial help from the City. Moved by Pinson, seconded by Camacho, in favor of this request by St. Matthew's. Carried by unanimous vote. A letter from Ms. Chloie Sergeant, Regional Supervisor, SURVEY RESEARCH CENTER, UNIVERSITY OF MICHIGAN regarding health survey being conducted in San Diego County in conjunction with the School of Medicine of the University of California at San Diego, a letter from Dr. J. W. Bush, University of California, San Diego; a list 3/19/74 102 of the survey interviewers and the City Manager's memo stating he authorized representatives of the Survey Research Center of the University of Michigan to work within National City and requested ratification by the City Council were presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. A letter from John R. Barnum, WESTMINISTER FINANCIAL SERVICES, INC., requesting renewal of permit numbers 342-44-45-46-47-54 issued by the Building Department and stating it has been 15 months since the permits were issued and the Building Department informed them this prevented their renewing the permits without concurrence by Council; a memo from the Building & Housing Director stating it does not appear that a renewal of the subject building permits is justified; a memo from the Planning Director stating subject property would not comply with present zoning regulations were presented. City Manager Osburn said the City cannot issue these permits as they do not comply with the zoning on the property. JOHN BARNUM, Westminister Financial Services, 501 H St., Chula Vista, was present and said he is repre- senting Consolidated Properties Limited the owner of the property at 1709 E. 16th St. in National City; the permits were originally issued in December 1971 for an 80-unit apartment building; they were unable to finalize financing and the project flopped; in 1972 a new group was formed and the project was restructured; they came up with a plan for 44 units; in December of 1972 permits were issued for the 44-unit plan; financing was arranged; however, about this time the Coastline Initiative and Environmental Impact Reports and this type of thing were required; a waiver of the environmental impact report was given; but due to the uncertainty over this, the lenders withdrew their commitment; as a result of this problem and others, the part- nership disolved; a year passed; the permits expired; the property was sold to Consolidated Properties who are users not speculators; one of the partners if Freeman H. Parsons, a builder and developer out of Highland, California; this is a very solid group; they have financial commitments from San Diego Federal. Mr. Barnum said it was indicated that the plans could be approved if there had been no substantial changes made in the project; there have been no changes; however more than a year has expired; Staff states that the plans do not conform with current zoning requirements and must be changed to comply and further states they are short open space by about 1300 sq. ft. Mr. Barnum gave a paper to each member of the Council and cited Ordinance 1382: "...minimum of 200 sq. ft. of useable open space exclusive of required yard and courts shall be provided for each one bedroom unit, 300 sq. ft. for each 2 bedroom unit..." Mr. Barnum continued this project has 36 one bedroom units; their plans, as reviewed by their architect today,show a total of 10,872 sq. ft.; according to his computations, this is overage of 1272 sq. ft. Planning Director Gerschler said it is unfortunate Mr. Barnum did not come to him rather than before Council; he will be happy to look into the matter tomorrow morning. Moved by Camacho, seconded by Reid, nothing be done until Mr. Barnum and Planning Director Gerschler get together and Mr. Gerschler can report to Council on his findings. Carried by unanimous vote. The Assistant City Engineer's memo regarding AIR CONDITIONING SYSTEM for the COMMUNITY BUILDING was presented. Moved by Morgan, seconded by Camacho, to authorize the City Manager to 2repare the plans and specifications for the Community Building. Carried by unanimous vote. An AVO from the License Collector recommending the request by WILLIAM H. KLINKHAMMER be approved for REFUND OF $15 BUSINESS LICENSE FEE was presented. Moved by Camacho, seconded by Reid, in favor of the License Collector's recommendation. Carried by unanimous vote. 3/19P4 103 REPORTS CITY MANAGER OSBURN reported the San Diego Transit Company has requested a meeting with the City Council to discuss the Transit Company's action plan for 1974-75: additions to the bus lines, etc. Mr. Osburn said he has tentatively set the meeting for 4:00 p.m. on Monday, if the Bus Company and Council approves. Moved by Pinson, seconded by Camacho, in favor of the Mana:ger's recommendation. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal regarding Planning Commission Report on application for ZONE VARIANCE No. Z-1-74 (ROBERT J. ALLEN) stating the Planning Commission recommended the variance be granted and the Planning Director's statement if written protest is received within 15 days from 3/19P4, the City Clerk will give written notice and set this case for public hearing; the transmittal of this case will be on the April 9, 1974 Council agenda was presented. City Clerk Campbell stated there is no action required on this item. Ordered filed by unanimous vote. The PLANNING DEPARTMENT transmittal regarding application for EXEMPTION OF INSTALLATION OF FULL WIDTH ALLEY PAVING at 1433 Roose- velt Avenue (northeast corner of 15th and Roosevelt) M-2, Light Manufacturing Zone (National Ordnance and Hydraulic Company) stating the Planning Commission recommended the exemption be granted and the Planning Director's statement the Planning Commission recommendation was based upon the City Engineer's finding that construction of alley would be impractical was presented. Moved by Pinson, seconded by Camacho, this be deferred subject to the property owner executing a Covenant Running With the Land to install improvements within 30 days upon notification by the City Council. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal regarding League of California Cities' suggested ORDINANCE FOR REMOVAL OF ABANDONED, WRECKED, DIS- MANTLED OR INOPERATIVE VEHICLES --amended to conform to Chapter 427, statutes of 1970, stating the Planning Commission recommended Ordinance No. 1387 be amended to incorporate the simplified proce- dures suggested by the League was presented. City Attorney McLean said it is felt this is a better ordinance than the existing one; he recommends this be adopted. Moved by Reid, seconded by Pinson, in favor of this recommendation. Carried by unanimous vote. The Planning Director's memo making recommendations regarding "GEOLOGY ELEMENT" of the California Coastal Plan (Proposition 20); the Planning Director recommended the Council firmly oppose creation of any "Geologic Hazards Review Boards" that would have authority to overrule the local Building Code and Grading Ordinance, urge the Coastal Commission to recognize the "Seismic Safety" provisions of the State Planning Law as being adequate for our needs, and that they be directed to file the "specific comments" recited in this memo, with the Coastal Commission as policy statements; the Planning Director stated, if Council wishes to file a response with the Coastal Commission, action will have to be taken no later than the March 26, 1974 Council meeting; memos from the Director of Building & Housing, Assistant City Engineer and Environmental Planner in this regard were presented. Moved by Pinson, seconded by Camacho, the Planner be directed to use the strongest language he can use in a public place to go on record as not being in favor of this and his recom- mendations be sent to all other cities in the County. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S Financial Statement for month ending February 28, 1974 was presented. Ordered filed by unanimous vote. 3/19/74 104 COUNCIL COMMUNICATIONS COUNCILMAN PINSON said someone is PAINTING HOUSE NUMBERS ON CURBS in the City and he does not recall Council giving approval; they are charging a $2 fee to paint the numbers on the curb; they will be painting them in the 4th and Harbison area tomorrow; they are Community Services, 1905 18th Street; they are posting a tag on each door saying, "if you want this, we will be by tomorrow and suggest you pay $2...;" in the past this has been given to one of the youth activities; it was always stipulated that all numbers had to be painted on whether they pay or not; they are not doing it that way in this case. City Manager Osburn said it is East 8th Street; he will check into this. COUNCILMAN DALLA said he would like to go back to Item 9, under New Business on Council agenda, it is a fairly common practice for certain organizations to request a NO -FEE PERMIT FOR USE OF COMMUNITY FACILITIES and it is common practice that Council approve them; could the City Manager prepare a list of these groups who frequently request these facilities and the City Manager could approve them as a routine matter if they are on the list. Mayor Morgan said it is very hard for Council to give up an authority. City Manager Osburn said they know pretty well who will be approved and who will not, however, as sure as someone is turned down they will be up before Council anyway. COUNCILMAN DALLA invited, on behalf of the NATIONAL CITY JAYCEES, everyone present to attend the MISS NATIONAL CITY CONTEST this Saturday at the Community Building at 7:30 p.m. MAYOR MORGAN asked City Attorney McLean how the ZOO is coming along? City Attorney McLean said he has made several dates to meet with the people of the San Diego Zoo; for some reason or other they have all been cancelled. MAYOR MORGAN said it is proper to use REVENUE SHARING FUNDS for putting in recreation and fixing up the school areas for the parks and recreation...put grass around the schools; he is going to push pretty hard to get some of the Revenue Sharing money in the budget to be used on the schools; the schools are ready to put up half the money for these things; when the grass is put in, it has always been their policy to mow it and maintain it; the City can use it except when school is in session; he hopes Council will go along with him on this. MAYOR MORGAN called an EXECUTIVE SESSION at 9:26 p.m. - personnel. COUNCILMAN REID asked the City Manager if he received a copy of the EARTHQUAKE REPORT? City Manager Osburn said yes; Planning and Engineering have copies. Council left for Executive Session at 9:27 p.m. Council reconvened at 9:35 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan Absent: None. Moved by Pinson, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:36 p.m. City •lerk City of Nation City, California .3/19/74 105 The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of March 26, 1974. I No corrections 7 1 Corrections as noted below Mayor, City ational City, California 3/19/74