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HomeMy WebLinkAbout1974 06-11 CC MIN183 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 11, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, 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 with invocation by Father Juan Hurtado, St. Anthony's Catholic Church. APPROVAL OF MINUTES Moved by Reid, the minutes of the regular meeting of May 28, 1974 be approved. Died for lack of second. Councilman Dalla asked that the minutes be modified to reflect the discussion on Page 178, Lines 11, 12 and 26; the minutes indicate "There was discussion." Moved by Pinson, seconded by Camacho, in favor of Councilman Dana's request. Carried by unanimous vote. City Clerk Campbell said she has been asked to eliminate discussion in the minutes and asked if this was a change in policy or pertained to this one instance only? Mayor Morgan said it is for just this one instance. HERMAN BACA, 105 South Harbison, was present and stated there were people present who would like to speak at the Public Hearing sched- uled for 7:45 p.m. Mayor Morgan said it has been recommended that the Public Hearing be deferred to a later date, July 18, when the reports would be ready. Mr. Baca said they (approx. 100 residents of West Side and friends) did not come for the Oral Discussion but for the public hearing. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the appointments of MILLIE HALFORD, 841 Arcadia Place, Phone 475-3931, to the SENIOR CITIZENS ADVISORY COM- MITTEE; IDA MAE KERR, City Finance Officer, to CHAIRMAN, BICENTENNIAL COMMITTEE, replacing George Webster; and Councilman Ralph Pinson as Member of Bicentennial Committee to act as liaison between the Commit- tee and City Council. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendations. Carried by unanimous vote. ORAL COMMUNICATIONS LUIS NATIVIDAD, 1418 Meadow Drive, was present and said he would like to explain to those present the proceedings so far. City Attorney McLean explained that the hearing (Revised General Plan) will be opened at 7:45 p.m.; the Planning Director is not going to be ready to make a report from the Planning Commission as the Planning Commis- sion has not finalized their report; after the hearing is opened, anyone present who would like to make a statement in this regard can be heard even though the Planning Commission report will not be heard tonight. Mr. Natividad translated the City Attorney's comments to those present. 6/11/74 184 RUBEN RUBIO, 1729 Cleveland Avenue, was present and urged Council to give these people a chance to express themselves tonight. BARBARA STRAHAN, 1521 East 22nd, was present and spoke in opposition to the massage parlor near the high school; the County Board of Supervisors acted today on the preparation of an ordinance prohibiting massage parlors within 600 feet of a high school; she would like to proceed with her program so they will be prepared in the event the Board does not fulfill their promise; she has petitions which she would like to ask everyone to sign; she would like to take these petitions to the Board on the 18th. Mayor Morgan said he is in favor of.a proposal by Sheriff Duffy, which goes beyond just keeping massage parlors 600 feet from schools and churches; under this proposed ordi- nance, the operators will have to have inspections, licenses and keep tab of those working for these businesses. Mrs. Strahan said she agrees with this, however, at this time she is working for the ordi- nance prohibiting the operation within 600 feet of the schools and churches; Mr. Duffy's proposed ordinance has been dragging its feet for a long time, probably over a year; she feels she has a very good chance to get this 600 feet through; after they get this through, possibly, they can work on Mr. Duffy's ordinance; she does not want to get hung up on something else at this time; she wants to get this particular massage parlor away from the school right now. Councilman Reid suggested Council adopt a resolution for Mrs.Strahan to take to the meeting. Moved by Morgan, seconded by Pinson, Council authorize the Mayor to sign a letter on their behalf expressing support for the distance limitation now before the Board of Supervisors and secondly support the ordinance ..irDonsored by Sheriff Duffy (amended motion.) Mrs. Strahan said it was decided at the Community Action Council meeting that if this is not passed; they are finished with the Board of Supervisors and will go to Assemblyman Deddeh and the State legis- lators. Carried by unanimous vote. HEARINGS The CONTINUED HEARING on the PROPOSED REVISION of the NATIONAL CITY GENERAL PLAN was held at this time. Planning Department transmittal stating (1) an alternate choice would be to have public testimony and "citizen input" at the June 11 meeting, with review of the Plan ning Commission recommendation and the consultant's presentation on June 18; however, such an alternative might prove to be confusing, and (2) if Council wishes new notices mailed (approximately $1,000 cost) the hearing would have to be postponed until at least July 2, 1974 and attaching (a) memo from Planning Director recommending public hearings to consider "General Plan Update" be postponed until 6/11 and 6/18, 1974, (b) protest by 8th St. Merchants Association to any change in 8th St. traffic flow pattern, (c) National School District opposing elimination of school, (d) Request by five property owners that land in area of Plaza Boulevard and Freeway 805 be zoned C-3 rather than the present TC-PD zoning and (e) suggestions by Mrs. Flora F. Knight, 1431 "L" Ave., was presented. HERMAN BACA, 105 Harbison, was present and said he would like to know who handed out the letter to Father 0mana. Mayor Morgan said the Father passed it out; he gave him a copy and he passed it out. Mr. Baca said the Council's resolution states that no homes, churches or schools on the west side will be torn down and asked how Council would like to live between two slaughter houses, junk yards, etc. Mr. Baca said he has a thousand signatures asking that the area be rezoned to residential; Councilmen Dalla and Pinson stated there was a difference of opinion on the west side concerning the General Plan; to this date no one has addressed himself to the question; the residents have taken time from their jobs and have come before the appointed officials who have ignored every request that the voters of this City have made; they have asked that the Plan be translated into Spanish; this was ignored by the Citizens Advisory Committee and the Planning Commission; they asked that the Plan be made so that it could be written in language that everyone 6/11/74 185 understood; that was ignored; they asked that the Plan be delayed until more information was given; that was ignored. Mr. Baca asked who the appointed officials speak for? for the people or vested interest groups who would like to keep this area zoned so that in due time it will be fully industrialized; this area has been too long neglected and ignored; the people have spoken saying they do not want to move out of this area. JESSE RAMIREZ, 421 West loth Street, was present and said this is a continuation of an 18-yr. struggle for self determination, recognition and social justice by the people of the west side; (he noticed when they marched to Civic Center) across the street and around the area are stationed plain clothes police cars; this is a form of intimidation and provocation; there are present senior citizens, women, and children; his family is present; he would not have them present if he thought there would be violence; this is a racist assumption regarding Mexican -American people; we are trying to initiate a feeling of due process; we are trying to inform people that there is a way to make themselves heard; this is why they have taken this action tonight; they are not trying to create undue emotionalism; these people are often ignored and harassed because they are trying to express themselves; they do not stand in the way of progress but they do question the definition of progress; progress is not the development of an industrial slum; there is an industrial slum in National City that no one in the County wants; this is the type of industrialization taking place on the west side; there are industries and businesses that violate every known safety and health hazard and ordinance; they throw waste on the sidewalk; even if he did not live on the west side he would abhor this type of development in his City; he lives on the west side by choice; the people allowed this to be zoned industrial because they fell victim to the big lie that their property would be worth more as industrial; it may be to other people, but not to the people who live there; his property would be worth much more if it were zoned residential; this area should not be zoned beyond R-2; he has heard no one speak against what they are asking; no one has come up to say they want to remain industrial even though there are some officials trying to create this illusion; this is ideal residential property; they have sidewalks, curbs and gutters and most of the residents own their own property. ALEX TORRES, 1931 Wilson, was present and said Council does not have the final plans from the Planning Commission to act on; before Council acts, he would like to dwell on the value system --the paternal --the economics of trying to impose your will on the people by saying, "you will get more if you do this or that;" it is not good that Council tells the people what is good for them; these people know what they want; they are for self- determination; they want residential zoning for the west side; they want their homes and they want to live there in peace; those on Council would like to come and tell them their values are wrong, they could make more if they do this or that; these people have been oppressed long enough; the City should help these people with their homes by passing laws that would benefit them, their children and schools, etc.; in making a decision on this Council should think... these people are here because they want to live here, this is their home; he does not feel that the majority of the population of the City should make the decision for these people. RUBEN RUBIO, 1729 Cleve- land, was present and outlined the history of the west side zoning problem; about 30 years ago he appeared before another City Council and staff in this regard; at that time there was a lady city manager who had the same idea to borrow money and build up the west side; that is when it all began; the people gathered then as they did tonight and the upshot was the lady went to jail; they won that case; later he was before another City Council and another Planner who had the idea to eliminate the people on the west side; he had an ordinance that gave the people 10 years to get out of there; they fought; they had a recall and got a new planner; this went on and on; then Hazel Stockman took over as planner; by this time the people on the west side were tired of fighting; they met with Hazel Stockman and she said, "please try industrial and see if it works;" it was given a try; that is the 64/11P4 186 way this was zoned industrial; they were tired of fighting; now there is a new planner and it is industrial there now; the people would like to have it back residential; when this began he was a young fellow like Mr. Baca and the others down in front; let's make things better for those young ones; the people on the west side are going to fight this and he will fight with them for they have the right to live there; they gave it a try for industrial; it did not work; it is time for Council to listen to the people; the people want residential. FATHER JUAN HURTADO, St. Anthony's Catholic Church, 1816 Harding, was present and said he is in contact with thousands of people who come to St. Anthony's; tonight, only 1/100 of the people that could be brought here tonight are present; he is not speaking for the people, they speak for themselves; the people on the west side are concerned... people come from all over to St. Anthony's and they have stated that they would join in the fight to preserve the church; they are concerned about the school; they are concerned about the people who have their homes; people who have saved their money and resources to keep their home intact; people who do not have the power of resource but do have the power of dignity; they do not have the knowledge to come before Council, they would no doubt be frightened but they would march to save their homes and community; these are the people who helped elect Council; Council should listen to them so they will have confidence in their elected officials; Council has heard the Planning Commission but he wonders how many Planning Commissioners have lived on the west side and know the dynamics, the process of living from day to day, of just barely surviving; does the Planning Commission who does not live in that community have the final say over the people who do live in that community? or do the people who live in that community have the ultimate say? the elected officials should listen to the real needs of the people. CELIA RAMIREZ, student, San Diego State Univ., was present and said the letter which was sent out states no damage would be done to the houses in the area; however, it said nothing about noise pollution; she finds this a deterrent to her education; across the street from her home is a motorcycle shop; she is unable to study; it is extremely dangerous to the children in the area; the letter states there would be no physical damage to the homes, but this is indeed damage to the homes; people cannot park in front of their homes as the workers employed by industry have to park on the streets. OFELIA SANDOVAL, 1828 Wilson Ave., was present and said (in Spanish which was translated by Vice Mayor Camacho) when they vote in elec- tions they vote for those who make promises to them; all of the ladies present would like their children to live in a clean neighborhood with clean streets; they do not vote for candidates who are going to allow junk and dirt in the streets; they support those who promise to clean up the community; they would like the General Plan printed in Spanish; who pays for the General Plan...only those taxpayers who speak English? Vice Mayor Camacho explained the General Plan has not been prepared yet; there has been discussion regarding its being printed in Spanish; no decision has been made. MARIA RAMIREZ, 421 West 16th, was present and said the letter sent out states there will be no damage to the church but if the area is made industrial, who will attend the church? the church is for people; St. Anthony's Church has been there a long time; there are about 130 members most of whom are old people who do not drive; if Council is really interested in doing what the people want, they will make that area residential; the only time Council remembers those on the west side is around election time. DAVID GON- ZALES LLAMAS, 1989 Oceanview Boulevard, was present and said Old Town has its own history; a lot of the older people who were born and raised there are dead; south town, a town that communicated a lot with old town...had a lot of good times until the freeway came along and separated them; they let that go by; now the industry coming in makes it dangerous for the children; one does not see this in the high society or the middle class neighborhoods; it is always in the minority areas that people are being pushed out; this is not fair to the people; if you do not live there you do not experience this type of thing; it will bring more unrest and crime; everyone appreciates the church not ql1P4 187 only because one goes there to pray but it has a lot of meaning to the people in the area; these people really stick to their town; if this is made industrial it is not going to be good for the City of the community. BERTHA VIANA, 1527 Hoover, was present and said some houses have been torn down; the building next to her house is too close; her bedroom window is blocked in such a way as to prevent ventilation; this is especially bad during the summer time; there was at one time a paint factory where fumes escaped; her children attend Kimball school; she attends the church; she does not want to see industry take over when the people really enjoy living there; she wants to stay in this community. ESTELITA TANJUAQUIO, 321 West 14th St., was present and said she wants to repeat what others have said; she is only asking that the Mayor and Council respond to the needs of the people on the West Side; she brought another small problem to the Mayor and he sent men out to take care of it; she believes a Mayor who can take care of such a small problem can take care of this major problem; she asked that the West Side be zoned residential and made a safer, better place for the people to live. ALEX MUNOZ, 426 West 15th, was present and said there would be trouble with the children if they were left idle while a new school is being built; this will cause dropouts and crime; he feels Council should listen to these people who are in attendance tonight. Vice Mayor Camacho (speaking in Spanish) thanked the people for coming to Council meeting. JOEY HERNANDEZ, 1721 Cleveland, was present and asked what the Mayor would say if the City wanted to tear down his home. Mayor Morgan replied if tearing down his home would benefit National City, he would agree. There was discussion relative to control of air and waste pollution and the possibility of Traffic Control eliminating noise pollution. Planning Director Gerschler said air and waste pollution are under regulation of the S. D. County Health Department with whom the City has a contract. Moved by Morgan, seconded by Pinson, to authorize the City Manager to check any air pollution or waste pollution, and report to Council (amended motion). Carried by unanimous vote. The Mayor advised the people he would not support bulldozing homes... Council has no intentions of tearing down homes, the church or school; the people on the west side should live in peace and stop worrying; Council does not have the General Plan before them tonight and they cannot act to zone the area residential; that will be discussed at a later date; this public hearing is to be continued. Moved by Pinson, seconded by Camacho, to continue the hearing to June 18, 7:45 p.m. 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. 11,507, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF ONE-HALF STREET PAVING OF 15TH STREET AT 1443 ROOSEVELT (National Ordnance and Hydraulic Company)." Moved by Reid, seconded by Camacho, Resolution No. 11,507 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,508, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (National Ordnance and Hydraulic Company)." Moved by Pinson, seconded by Reid, Resolution No. 11,508 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,509, "RESOLUTION AUTHORIZING APPLICATION TO AMERICAN REVOLUTION BICENTENNIAL COMMISSION FOR CREATION OF THE NATIONAL CITY AMERICAN REVOLUTION BICENTENNIAL COMMITTEE." Moved by Reid, seconded by Camacho, Resolution No. 11,509 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,510, "RESOLUTION APPROVING TENTATIVE MAP - MCMILLIN'S BONITA PARK UNIT NO. 2 (CONDOMINIUMS)." Moved by Reid, seconded by 6/11/74 188 Pinson, Resolution No. 11,510 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. RESOLUTION NO. 11,511, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (jNo. 62, Proposed Mc- Millin's Bonita Park, Unit No. 2) TCR-PD, Tourist, Commercial, Recreation, Planned Development Zone, Corky McMillin)) ." Moved by Camacho, seconded by Reid, Resolution No. 11,511 be adopted. Carried by the following vote, to --wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. RESOLUTION NO. 11,512, "RESOLUTION ACCEPTING FINAL SUBDIVISION MAP FOR MCMILLIN'S BONITA PARK UNIT NO. 2." Moved by Reid, seconded by Pinson, Resolution No. 11,512 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, the ordinances be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1429 (V28/ 4-1), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA ZC- 1-74 to rezone from C-4 to M-3 (portions of the E. J. Christman Business and Industrial Park) to TRC--PD (Transportation Center -- Planned Development)." Moved by Pinson, seconded by Reid, Ordinance No. 1429 (fiti28,44--1) be adopted. Carried by the unanimous vote. ORDINANCE NO. 1430 (5/28/?4--2), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIAZC- 3-74 to rezone from R-4 (Multiple Family Residence) to C-3-A (General Commercial) the Easterly 165 feet of the Northerly 199 feet of Assessor's Parcel No. 563-010-31 (2500 block Highland Avenue, East Side) ." Moved by Pinson, seconded by Camacho, Ordinance No. 1430 (5/2 /44-3) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN recommended the Claim of Kenneth Lee Ludwick be denied. Moved by Camacho, seconded by Reid, in favor of the City Attorney's recommendation. Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Retirement Gas Tax 2107 Gas Tax 2106 Trust and Agency Drainage Revenue Sharing Fund Sewer Total were presented: $20,996.28 3,515.51 2,442.33 18,570.24 19,710.00 10.00 400.00 833.66 15„,659.45 192.94 $84,474.41 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $132,269.13 for the period ending May 31, 1974 was presented. Moved by Camacho, seconded by Reid, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. 6/11 f 74 189 REFERRALS City Manager Osburn's memo stating he felt that the RATE INCREASE requested by NATIONAL CITY RUBBISH SERVICE is justified was presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation this be approved. Councilman Dalla questioned the increase in rates for residential property; as stated by Mr. Proctor, the increase for the bulk pickup has not increased since 1962; the rates to the residential were increased a year or two ago; $.50 is not a great deal, however, combined with $1.50 more for gas and electricity and one thing and another, how much longer can these increases be passed along to people on fixed incomest (Mr. Stenberg and Mr. Gerschler left the Council Chambers at 8:50 p.m.) Councilman Pinson said the businessman should not have to foot the bill on this; National City Rubbish has been doing a good job; he would not like to jeopardize the service by denying the rate increase. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. The Asst. City Engineer's memo stating if the City were to offer to assist property owners between 2105 and 2335 East 4TH STREET in repairing their FENCES (allegedly water damaged by El Toyon Park water sprinkler system) at one-third of the costs, this would more than compensate for damage caused was presented. RITA HEUSS, 2121 East 4th, National City, was present and referred to the memo saying the cost estimate for repairing the fence was $3 a foot; she has received much higher estimates; she called Mr. Poston (Alco Fence) who made the estimate and he informed her the quoted estimate was incorrect; he was estimating only a portion; in reference to the termite section of the letter, Mr. Poston (who is only a fence man) admitted that constant watering leaches the acid which might deter termites from the wood; (Mr. Gerschler returned to Council Chambers at 8:52 p.m.) there are two types of termites; she received this information from a licensed (Mr. Stenberg returned to Council Chambers at 8:53 p.m.) termite inspector who would not come out to check into her termites without charging $10; he suspected she had both types of termites; constant saturation is one of the worst things that can happen to wood; this has been rehashed over and over again; she feels the City should pay half the cost; at this point, however, she would settle for the one-third based on the contractor of their choice doing the work (especially since the figure reported by the Asst. City Engineer is not accurate); Mr. Poston indicated to her he would rather not do the job. Asst. City Engineer Hoffland said the fence varies in con- dition at each location; there would be some difference in cost; that is why he gave no total cost; a good portion is probably in good shape; if the City made the offer to participate with the property owners one-third, it would not be a significant cost to the City. There was discussion. Moved by Pinson, seconded by Reid, Council go $1.50 a ft. to anyone who replaces their fence after the City inspector approves installation and it has met the requirements to the City Engineer's satisfaction for a one-year period. Mrs. Heuss referred to a neighbor who did not require a new fence but resetting of the existing fence; at a previous meeting, Council said they would do this. Mr. Hoffland said Council approved that the posts be reset or shored up and replace dirt on the bank and replace ice plant at the top of the bank. Carried by unanimous vote. UNFINISHED BUSINESS A Planning Department transmittal stating the Planning Commission recommended the TENTATIVE PARCEL MAP (LOT SPLIT) north of Plaza Boule- vard and east of "L" Avenue be approved subject to four conditions (EUGENE GARRETT); the Planning Director's statement that as recommended by the Planning Commission, this lot split will require dedication of a street easement for opening of "N" Avenue southerly to Plaza Boule- vard and a copy of a letter dated 5/31/74 from the Planning Director 190 to Mr. Eugene Garrett in this regard was presented. Moved by Pinson, seconded by Dalla, this be denied. Carried by unanimous vote. NEW BUSINESS CONSENT CALENDAR (Items la through le) was presented: a. Memo from City Manager regarding Metropolitan Sewerage Advisory Board minutes (attached) of April 29, 1974. b. Recommendation by City Manager that special Civil Service Com- mission minutes of April 25, 1974 be approved and filed. (Minutes attached.) c. City Manager's recommendation Library Board of Trustees minutes (attached) of May 8, 1974 be approved and filed. d. Memo from Assistant City Engineer attaching letters from: (1) State Department of Transportation stating that interim project to provide a full 8-lane facility for I-5 in Sweetwater Valley has been dropped and (2) U.S. Coast Guard. e. Memo from City Manager filing 3 items with the City Clerk: 1. Report by Edward J. Neuner, Economic Consultant, dated May, 1974, entitled "Economic Analysis of Filtered Water Alternatives;" 2. Letter from San Diego County Water Authority, 2750 4th Ave., San Diego, dated 6/3/74, showing changes in quantity of Authority stored water as of 5/31/74, and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1973-74; 3. Fire Insurance Policy No. UAP 2 64 67 71 insuring the City of National City and the Redevelopment Agency of National City from Cheverton-Bah/Bayly, Martin & Fay from 6/1/74 to 6/1/77. Councilma Pinson suggested relative to Item ld Congressman Lionel Van Deerlindlthe senators on the Federal level be notifed to see if they can give assistance with the Coast Guard who seems to be the hold up here and also notify Assemblyman Deddeh he might be able to work with the State Department of Transportation in this regard. Moved by Camacho, seconded by Dalla, in favor of Councilman Pinson's recommen- dation. Carried by unanimous vote. Consent Calendar ORDERED FILED by unanimous vote. The City Manager's recommendations regarding the League of California Cities Legislative Bulletin No. 15, dated May 28, 1974, were presented. Moved by Pinson, seconded by Camacho, in favor of the City Manager's recommendations. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. The City Manager's recommendations regarding League of California Cities Legislative Bulletin No. 16, dated May 31, 1974, were pre- sented. Moved by Pinson, seconded by Camacho, in favor of the City Mana9er's recommendations. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. The City Manager's recommendation PUBLIC WORKS CENTER CHANGE ORDER NO. 1 (attached) be approved was presented. There was discussion relative to the architect's fee for moving a fence across the ditch. City Attorney McLean said the contract calls for the architect to administer the plan of construction, supervision, the construction and contractor and advise the City on the course of construction; under his contract he is the person the City looks to to tell us this work is or is not necessary and should or should not be done by the general contractor or someone else, whether or not the price proposed is fair;...Mr. Bird says it was worth $16,000; if the contractor did not do that work, then Mr. Bird is wrong. City Manager Osburn said he ordered the guard to protect City property (while City vehicles were not fenced), Moved by Pinson, seconded by Camacho, to pay the bill. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Reid. Abstaining: Morgan. 6/11/74 191 The City Manager's request Council ratify his action of authorizing a sewer extension agreement to renew two blocks of SEWER MAIN from "I" to "J" AVENUE at $7 per ft. and from "J" to HIGHLAND AVENUE at $15 per ft. was presented. Moved by Reid, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. The Park and Recreation Director's recommendation the current RECREATION PROGRAM at Otis School be RELOCATED TO LAS PALMAS SCHOOL with the advent of the summer program was presented. Moved by Camacho, seconded by Dalla, in favor of the Park and Recreation Director's request. There was discussion. (City Attorney McLean left Council Chambers at 9:11 p.m.) Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: Pinson, Morgan. The Park and Recreation Director's recommendations regarding PARKING ON "C" AVENUE EXTENSION through Kimball Park: (1) Paint entire curb on east and/or south sides red (except at indentations) and install "No Parking" signs; and (2) Designate it as a one-way street with ingress from 12th Street and egress on "A" Avenue were presented. Moved by Morgan, seconded by Camacho, the Park and Recreation Direc- tor's recommendations be approved. Carried by unanimous vote. City Manager Osburn's memos regarding amendment of PERS CONTRACT to exclude seasonal and part-time employees, stating it would be advan- tageous to both the City and the employees to have these positions exempt from the retirement system and recommending the City's contract with Public Employees Retirement System be amended to specifically exclude all part-time and seasonal City employees were presented. Moved by Pinson, seconded by Reid, in favor of the Manager's recom- mendation. Carried by unanimous vote. A letter from the STATE DEPARTMENT OF WATER RESOURCES urging consid- eration of consequences of failing to continue to participate in NATIONAL FLOOD INSURANCE PROGRAM was presented. Moved by Pinson, seconded by Camacho, to continue to participate. Carried by unanimous vote. A memo from the Asst. City Engineer stating they have no objection to placement of DRIVEWAYS adjacent to property line in 1700 block of 16th Street, provided the provisions of Ordinance No. 851 are complied with was presented. Moved by Reid, seconded by Pinson, in favor of the Assistant City Enqineer's recommendation. Carried by unanimous vote. (City Attorney McLean returned to Council Chambers at 9:14 p.m.) A letter from the Chula Vista City Clerk stating their Council was encouraging other San Diego County Cities to fund COMBO (and attaching a resolution in this regard) was presented. Ordered filed, by unani- mous vote. The application of ARTHUR L. DAVIE, 225 East 30th Street, for refund of $100 PERFORMANCE BOND and the Engineering Department's notation that the final inspection was okay were presented. Moved by Camacho, seconded by Reid, this refund be approved. Carried by unanimous vote. The application of JOSEPH RAPOZA, 1710 East 16th Street, for refund of $100 PERFORMANCE BOND and the Engineering Department notation that final inspection was okay and attaching deposit receipt and applica- tion for permit to construct sidewalk, driveway, curb and/or gutter were presented. Moved by Camacho, seconded by Reid, this request be saranted. Carried by unanimous vote. An application for ON -SALE BEER AND WINE EATING PLACE LICENSE by Julie Rodriguez and Norma Williamson, dba LA CABANA, 1406 Highland Avenue, and the Police Chief's memo stating there appear to be no grounds for protest of this application were presented. Moved by Camacho, seconded by Pinson, this request be granted. Carried by the 6/11/74 192 following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. The Public Works Director's request to obtain BIDS FOR ASPHALTIC CONCRETE for 1974-75 fiscal year was presented. Moved by Finson, seconded by Camacho, in favor of the Public Works Director's request. There was discussion. Carried by unanimous vote. The City Manager's memo regarding request by UCSD to use the Court Room Monday and Tuesday evenings to conduct classes for persons involved in DRUNK DRIVING and attaching a copy of a letter from the University of California to Judge John Menard was presented. City Manager Osburn said there is an additional request for use of the room every 6th Thursday night. Moved by Pinson, seconded by Reid, in favor of these requests. Carried by unanimous vote. A letter from COUNTY PUBLIC WORKS AGENCY stating they would be willing to recommend a cash price of $225,000 for COUNTY GRAVEL PIT 619 to the Boa d of Supervisors and County Engineer was presented. Moved by Pinson, seconded by Reid, to authorize the City Manager to continue to negotiate this. Carried by unanimous vote. The request of the DEPARTMENT OF TRANSPORTATION they be furnished copies of FRANCHISE APPLICATIONS which would affect existing State Highways or Freeways, with sufficient time to be reviewed was pre- sented. Moved by Pinson, seconded by Camacho, this be referred to the City Manager. Carried by unanimous vote. REPORTS The City Manager reported receipt of a request by the CHULA VISTA JAYCEES for use of the 24th Street Marina on August 10, 1974 for the 1974 CHULA VISTA BATH TUB REGATTA. Moved by Morgan, seconded by Pinson, this request be approved. There was discussion. J. W. KEE- LINE, General Project Chairman for the 1974 Bathtub Regatta Committee, 641 "K" Street, Chula Vista, was present and said the regatta will be from approximately 9:00 a.m. to 2:30-3:00 p.m.; they do not intend to block the normal use of the marina; they will leave access to the launching facility and allow boats in and out of the marina; they will get the approval of the Port District, however, one of their condi- tions is the approval of National City. Carried by unanimous vote. City Manager Osburn said he has received from Councilman Reid a copy of the REGIONAL. HOUSING PLAN and program (subsidized housing) by CPO which requires an answer; he put copies of this on the desk of each Councilman this afternoon but is sure they have not had the time to read it; the recommendations have been reviewed by the City Planner and the Environmental Planner; he recommended Council support the staff's recommendations. Planning Director Gerschler said the paper contains staff's comments one of which is that the plan as prepared should be opposed. Moved by Morgan, seconded by Camacho, to approve the Planning Department recommendations. Carried by unanimous vote. Councilman Reid asked the City Manager if he could get the other one, A95, grant back. City Manager Osburn said he would get it back as soon as he can. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he had received comments on the closing of Arcadia Place between 10th and llth; this has really slowed down the traffic; it is doing the job Council hoped it would do. COUNCILMAN PINSON inquired about the RAMP IN EL TOYON PARK. Asst. City Manager Stenberg said they received a price of some $3,300 for the ramp; it will require a small amount of grading; the contractor is scheduling that work now. Councilman Finson asked if the ramp 6/11/74 193 could be constructed with steps rather than a ramp to prevent motor- cycles running up and down. Mr. Stenberg said it was designed for the use of those in wheelchairs, baby buggies, etc. Councilman Pinson suggested a gate. COUNCILMAN PINSON said Council has a letter from the Business License Clerk regarding these business licenses (INCREASED FEES FOR APARTMENT OWNERS). Moved by Pinson, seconded by Camacho, some 40 odd people that were not under the license system because of the small number of apartments they had last year, that their penalty for being late in obtaining their licenses be waived for a period of 3 months (from this date). (Amended motion) Carried by unanimous vote. COUNCILMAN PINSON asked if there was anything on the DIAL -A -RIDE SYSTEM? City Manager Osburn said he did not have a report tonight. MAYOR MORGAN asked why the AIR CONDITIONING of the KIMBALL BUILDING is hung up in the Engineering Department? Asst. City Engineer Hoff - land said in order to get bids on the design of the air conditioning, it is necessary to have plans of the building layout, sizes of the windows and doors, etc.; they were unable to locate existing plans; it was necessary for the Engineering Department to measure the building, draw it up; the plans are ready and they are about ready to go now. MAYOR MORGAN said the fence around the ball field for the Colt League has been held up because of the money situation. City Manager Osburn said he would report. Moved by Morgan, seconded by Pinson, the City Manager be authorized to get the figures on fencin9 the Colt League ball field and consider using Revenue Sharing Funds (amended motion). Carried by unanimous vote. MAYOR MORGAN said he had intended to talk about massage parlors, however, that was taken care of earlier in the meeting. MAYOR MORGAN said there is a problem at 18th and "D"; when they built that they tore off one step of a lady's house on the corner of 18th and "D" (south east corner);...now they want her to tear all her steps out and move them back. Moved by Morgan, seconded by Camacho, to authorize the City Attorney to draw up an ENCROACHMENT AGREEMENT for the southeast corner of 18th and "D" for the steps (Mrs. Boyer, 1807 "D" Ave.). City Attorney McLean said this is a regular encroachment form; if the lady will come into the Engineering Department she can sign it. Carried by unanimous vote. Mayor Morgan called an Executive Session (personnel matter) at 9:30 p.m. The meeting reconvened at 9:41 p.m. ROLL CALL Council members present: Camacho, Daila, Pinson, Reid, Morgan. Absent: None. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 42 p.m. City -rk C ty of Nation City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of June , 1974. El/ No Corrections ns as noted below Mayor, City f ational City, California 6/11/74