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HomeMy WebLinkAbout1974 09-10 CC MIN1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 10, 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, Assistant City Attorney Marks, 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 Sister Dorothy Gassel, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the adjourned meeting of Au9ust 271 1974 be approved. Carried by unanimous vote. City Clerk Campbell reported the minutes of the regular meeting of September 3, 1974 are not complete at this time. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "NATIONAL FIRE PREVENTION WEEK, October 6.12, 1974." Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Battalion Chief William Wright of the National City Fire Department. MAYOR'S APPOINTMENTS Mayor Morgan recommended the reappointments of Jerry Harris, Stephen Torres and Albert A. Jerauld to the Traffic Safety Committee for two- year terms. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS Mayor Morgan said a representative of CALTRANS is present to speak regarding proposed OPEN SPACE ZONING on their property at 24th and Newell; the public hearing on this matter has been closed and no testi- mony can be accepted; however, she can speak under oral communications. PATRICIA COWETT, representing the State of California, 110 West "C" Street in San Diego, was present and requested Council, before voting on the issue of downzoning the State property by placing an overlay of open space on it, reopen the public hearing; there are some important issues she would like Council to consider prior to voting on this matter. Mayor Morgan said the Council has gone through the lawful procedures in setting up this overlay zone; Council has already voted on it; he would like her to be aware of that. Mrs. Cowett said perhaps she has been misinformed; it is her understanding that there were insufficient votes to pass the ordinance legally and it was for only a limited period of time and that time had expired; at this point, it was up to the Council to vote again to renew it. Planning Director Gerschler said the original (urgency interim) ordinance was adopted without a hearing; it did not require a hearing; it expired; after expiration, hearings were held by both the Planning Commission and the City Council and that is where we are now; the City Council approved the issue and ordered the City Attorney to prepare an ordinance. 9/10/74 2 Mrs. Cowett said it is the State's position that the passage of such an ordinance is legally beyond the limits of the police power of this municipality for the reason that to zone any property "open space" amounts to confiscatory zoning, that is, a taking of property without payment of a just compensation, a contradiction of both State and Federal Constitutions; this zoning is discriminatory in that it is only the State's parcel to which the ordinance would apply; it is felt this overlay zoning of open space would not be in conformance with the General Plan of National City; the General Plan indicates this area is planned for limited industrial or commercial recreational uses; there is no designation for park use; the State feels there is clear legal authority for the proposition that a municipal ordinance which seeks to zone State property is void and invalid; the ordinance could well be subject to challenge. Mayor Morgan said National City plans to extend Las Palmas Park; the City has plans to include this area in the park in the future; with the County's assistance, the City plans to make a beautiful park area here. Mrs. Cowett said the State is for open space; she feels such a park would be a benefit to the State as well as the County and National City; they are opposing the method by which the City seeks to obtain this open space. BOB COOPER, National City Police Department, was present representing the Police Officers' Association; he expressed the Association's views on the upcoming Sergeant's examination; they are against the 2 additional points allowed for people who speak Spanish; they do not feel this should be a part of the examination; they are for. this 100% to recruit Spanish speaking people into the Department; they object to allowing the 2 points in a promotional examination; there are 2 Spanish speaking officers currently in the Department; they both feel this is unfair in a promotional type situation; at the last promotional examination there were less than 2 points difference in the grades of the top five people; they feel the 2 point allowance was originated to attract Spanish speaking applicants; they think this is a good idea; the Association asks that Council waive the 2 point allowance for this particular examination; they do not have the time to go through the regular Civil Service channels prior to the examination; they will take it through the regular channels to get it off, however, for this examination they do not have the time. There was discussion relative to the added points in promotional exams; Council agreed the 2 points helped in recruiting new employees. Moved by Camacho, seconded by Reid, to follow the recommendations of the Police Officers' Associa- tion. (Assist. City Attorney Marks left Council Chambers at 7:46 p.m.) There was further discussion regarding additional time needed to consider the request and the date of the examination. (Assist. City Attorney Marks returned to Council Chambers at 7:48 p.m.) City Manager Osburn said he would look this up and report next Tuesday. Moved by Dalla, seconded by Morgan, to postpone this until next Tuesday. The amendment to the motion failed by the following vote, to -wit: Ayes: Dalla, Morgan. Nays: Camacho, Pinson, Reid. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Dalla, Morgan. MR. BUSH, 1414 Division, was present and said he has lived at this address for 34 years; the City Council awarded a contract about six months ago to tear up DIVISION STREET; they were satisfied with the street the way it was; since it has been torn up, they have eaten dust until he is ill; they have dug up the driveways; the contractor watered the street once or twice a week; the City has been watering it twice a day; he does not know who wanted the street work done; he is not alone, everyone out there feels as he does; had this been anywhere else in National City it would have been taken care of. Mayor Morgan said they let the contract to a contractor who went broke; it was necessary to go through the bonding company and get the job finished; the bonding company and the contractor will meet tomorrow and put the money in escrow so the constractor can get money to start the job; he will start three days after the money is deposited. Acting City Engr. Hoffland said he talked with the adjuster for the bonding company today around 9/10/74 3 5:30; they are planning to meet with the contractor and firm up the final contract; they have asked the bonding company to deposit the funds to finish the project; it is going to cost about $140,000 to finish the job; the bonding company is going to advance the funds; they hope to have the contract signed next Monday. Mayor Morgan said there is a strike going on in concrete; the contractor will move in there and get to work; they can work right up to the concrete work but when the concrete work comes up, unless the strike is settled, there will be another problem. HEARINGS The HEARING on intention to VACATE AND CLOSE 25TH STREET, between the westerly line of Cleveland Avenue to the easterly line of Harrison Avenue, and Cleveland Avenue from the southerly line of 24th Street to the southerly line of 25th Street, (C & M Meat Packing Corp., Wright Packing Co., Inc.) was held at this time. A Planning Department trans- mittal stating the Planning Commission recommended the closing of 25th Street, between the westerly line of Cleveland Avenue to the easterly line of Harrison Avenue, and Cleveland Avenue, from the southerly line of 24th Street to the southerly line of 25th Street, subject to three conditions of staff and the Planning Director, in his memo of July 10, 1974, suggested that two conditions be added to any vacation of these streets, was presented. City Clerk Campbell stated the Certificate of Publication and the City Engineer's Affidavit of Posting are on file. Planning Director Gerschler said this has been before the City Council in the past; the Planning Commission has recommended the street vaca- tion; in their most recent consideration, they added two conditions as outlined on the agenda. No one was present in this regard. Moved by Camacho, seconded by Reid, to close the public hearing on the intention to vacate and close 25th Street between the westerly line of Cleveland Avenue to the easterly line of Harrison Avenue and Cleveland Avenue from the southerly line of 24th Street to the southerly line of 25th Street and all the stipulations of staff be adhered to. Carried by unanimous vote. The HEARING on intention to VACATE AND CLOSE UNNECESSARY STREETS AND ALLEYS located within the E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK I, Redevelopment Project Area, was held at this time. A Planning Department transmittal stating the Planning Commission recommended the vacation be approved for the unnecessary' streets and alleys and portions thereof, located within the E. J. Christman Business and Industrial Park I, Redevelopment Project area was presented. City Clerk Campbell stated the Certificate of Publication and City Engineer's Affidavit of Posting are on file. Planning Director Gerschler said this item was initiated by the Redevelopment Agency; it was recommended for approval by the Planning Commission; this will allow the consolidation and realignment of a number of streets within the Redevelopment project area. No one was present in this regard. Moved by Pinson, seconded by Reid, the public hearing closed and the vacation of the unnecessary streets and alle s in the E. J. ChrismanPark be a troved. Carried by unanimous vote. The HEARING to rezone from C-2 and R-4 to C-3-A the easterly 165 feet of South Bay Plaza Shopping Center, north side of Plaza Boulevard, west of Palm Avenue (ZC-9-74 -- Garrett) was held at this time. A Planning Department transmittal stating the Planning Commission recommended approval of the proposed zone change (to rezone from C-2 and R-4 to C-3 -A the easterly 165 feet of South Bay Plaza Shopping Center, north side of Plaza Blvd., *est of Palm Avenue) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing notice are on file. Planning Director Gerschler said a portion of this property facing on Plaza Boulevard is now zoned C-2; the back of the same lot is zoned R-4, that portion of the lot that is zoned R-4 and has no access to a public street; it is separated from the public street by commercial zoning; on that basis, the R-4 zoning seems illogical; the adjoining 9/10/74 4 properties, including all of South Bay Plaza, are zoned C-3-A; this is a general commercial zone; the Planning Commission recommended both of these properties be zoned C-3-A to match the surrounding properties within the shopping center. No one was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be closed and C-3-A zonim be approved with all the stipulations of staff being adhered to. Carried by unanimous vote. The HEARING to consider extending ZONE VARIANCE 2-5-73 for the V.F.W. POST at 936 National Avenue to allow the V.F.W. Post to operate with- out the required off-street parking was held at this time. The Planning Department transmittal listing four possible Council actions: (1) approve extending 2-5-73 for one year; or (2) approve extending Z-5-73 for a period of time to be specified in Council motion; or (3) deny extension; or (4) continue public hearing and refer to staff for reconsideration of specific details was presented. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler said a little more than a year ago, the V.F.W. Post took over the property at 936 National Avenue for a lodge hall; they acquired the property where the Kimball house is located on Plaza Boulevard for a parking lot; to attempt to save the Kimball house for historic purposes, a zone variance was allowed to let the V.F.W. open their lodge without the required off street parking; the variance had a time limit of one year; the year ran out; the City Council set a hearing for tonight to consider extending that variance and give a little additional time to solving the problem of relocating the Kimball house; the V.F.W. Post indicated by telephone that they have no objec- tions to a one-year extension; the Planning Commission recommends a one-year extension. No one was present in this regard. Moved by ' Pinson, seconded by Camacho, the hearing be closed and Council approve the extension of 2-5-73 for one year. Carried by unanimous vote. SPECIAL PRESENTATION Communication from Frank Aleshire, Chief Administrative Officer, San Diego County and Assistant City Manager Stenberg's letter to Mr. Allan H. Coleman, County Administration Center regarding presentation by County Staff on PROPOSED COOPERATIVE PLANNING PROCESS were presented. City Manager Osburn said there is a CPO representative to make a presentation on the Cooperative Planning Process; he recommended the CPO presentation follow the County presentation. ALLAN COLMAN, Administrator, S.D. County Environmental Development Agency, 1600 Pacific Highway, was present and said he brought one of his fellow workers, Mr. Tom Parks, with him; neither Dr. Askew nor a member of Dr. Askew's staff were able to attend tonight; the Board of Supervisors agreed that it would be important for the County Staff to bring a proposal to all the cities on the subject matter before they acted on subject matter that affects the cities; included in the material distributed to Council are some charts; one entitled, "everything you want to know about air pollution controls but..." he hopes to provide the "but"; the Environmental Protection Agency is going to control some regulations, or insist that the County, or the cities, or CPO, as the case may be have a particular role in this air quality and main- tenance program rather than the County acting on its own and using the authority it has under the Air Pollution Control District; the County Supervisors asked this be presented --a program of shared respon- sibility be developed; when the cities have the appropriate input it should be made; where CPO has the appropriate input it should be made and the same for the County; this program is outlined in the attached chart entitled, "Proposed Cooperative Planning Process," and indicates that the County does not want to unilaterally act. Mr. Colman continual the County needs the input of the cities in a cooperative planning effort to set a strategy for the entire region --all the elements regarding air pollution; he would like the City to instruct their CPO representative to endorse the County proposed cooperative planning process; this is what the County feels is the most appropriate way to 9/10/74 proceed; the County is open to negotiations; they want as much input as they can get. Mr. Colman displayed a chart and said the Air Pollu- tion Control Board, which is the Board of Supervisors, and the CPO Directors will act as equals and simultaneously furnish input into a Joint Regional Air Resources Planning Staff, this would be a combined staff from cities who can contribute staff time, CPO staff time and County staff time; they recommend an Air Quality Advisory Committee be utilized by the technical staff to help' evaluate and comment on proposals; the Air Quality Advisory Committee is a combination of two existing task forces that are currently working for CPO, the Policy Panel and the Resource Panel; next the program goes to both the Air Pollution Control Board and CPO Directors (at the same time) for their review; each element of the overall planning strategy would go direct- ly to the City Councils and the Board of Supervisors to approve their sections of the plan; it would then go on to the CPO Board of Directors and finally to the Air Pollution Control Board who would have to certify that the plan would meet the air quality standards required; it would then go on to the Air Resources Board and on to the Environmental Protection Board; all of the involved agencies have a share in the responsibility; the air quality plans and strategies proposed would flow through this review cycle; any plans would be prepared by the joint staff he mentioned; the joint staff would be managed by a project director who reports to and is agreed upon by CPO and the Air Pollution Control Board; this individual should be an independent staff member coming from neither the County nor CPO; this could be one way to eliminate past frictions; the Air Quality Advisory Committee shall advise the Air Resources Planning Staff and shall have no other function; CPO disagrees with this; in addition to the plans specifically required by EPA, the Air Resource Planning Staff will provide an overall regional air quality strategy which would integrate all the components with long range technological expectations; this is extremely important; they want to save the entire region. Mr. Col- man said the CPO representative will urge Council to support the Parking Management Plan; the County also urges Council to support this plan; that is just one piece of the overall air quality program; the process outlined here can be negotiated to come up with a workable plan for the entire region. Mayor Morgan questioned the authority of the Board of Supervisors? Mr. Colman said each of the jurisdictions would approve its section of the plan; the only input an individual supervisor can add to an individual plan, as a member of the Air Pollution Control Board, would be only as it affects air quality; they can comment only on whether or not the plan you present meets the air standards; they cannot overrule a plan if it meets the air quality standards. Mr. Colman answered Councils questions. Mayor Morgan said 9.9% of the working force in S. D. County is unemployed; in the South Bay there are 15% to 16% unemployed; holding up building plans by going through this proposed review process --going through all these agencies, will create more unemployment. Mr. Colman said if nothing is done on a regional basis, the Environmental Prote tion Agency will come in and make the decisions for us. Mayor Morgan said he cannot see how this will stop a depression in San Diego unl ss buildings are built to employ people; everyone is thinking the aut mobile business will never create less pollution; he, Mayor Morgan, elieves the cars will be built better to create less pollution. Ther was further discussion. ART LETTER, member of the Comprehensive Planning Organization staff was present to discuss the Parking Management Plan. (Mr. Letter discussed charts displayed on the projector.) Mr. Letter said he would also discuss the County's proposal contained in the green book- let distributed to Council earlier; Mr. Colman covered most of his presentation; January of this year the CPO Board of Directors autho- rized the creation of the San Diego Air Quality Task Force; the Task Force is made up of three parts; the Policy Committee has membership of Supervisor Conde; San Diego Mayor Wilson, S.D. State University President, Dr. Golding; S.D. Chamber of Commerce President; the 9/10/74 tt. 6 Chairman of San Diegans, Inc., downtown businessmen's association, Larry Cox; the CPO Board Chairman, Mr. Hobel, City of Chula Vista Councilman; and the Mayor of the City of Oceanside, who represents the Cities in San Diego County through the League of Cities; the Policy Group is supported by the Technical Resource Panel which has wide representation from many sectors of the community at large and an inter -governmental panel which includes representation by the involved agencies, state and federal, and a representative of the City of Tijuana; this task force took position in July of this year re- lating to the parking management plan; rather than have project by project review, everything of 250 or more parking spaces, a Parking Management Plan be done in its place cooperatively by all the cities and the County and the CPO; once the parking Management Plan is done, each project as it is being developed would come under the control of and review of each of the Cities and the County of San Diego; that would be done under the existing California EIR process that you now go through; only cases of nonconformance with the Parking Management Plan the Air Pollution Control District would be the enforcing agency; they have the authority to do this; they have recently received notification that money would be available to do a parking management plan for the San Diego region; they have distributed a parking management plan design to each of the cities to get some reaction; the Environmental Protection Agency has said they wish to have some clear cut commitment from each of the Cities and from the County as to how to proceed on the process; the Cities should have received correspondence from CPO indicating what the Parking Manage- ment Plan study design looks like and asking for comment and listing some of the problems CPO feels might be encountered in the County's proposal and a letter from EPA explaining a Parking Management Plan is in the process or the availability of the funding for such a plan is in the process and requesting some kind of an answer from the cities; this plan is an inventory of off street parking --finding ways of reducing vehicle miles per length of an automobile trip --finding ways of reducing single passenger automobile trips; they plan to evaluate the strategies; develop the implementation process and develop the overall Parking Management Plan; even though air quality standards are very important, everything in the community cannot be sacraficed; there are economics to be considered, environmental, social concerns; they are considering alternatives in transportation such as the current bus system with some expansion and later on more sophisti- cated transit systems, company car pool programs; if the number of parking spaces is cut down, it should be tied into a car pool program; they are looking into the development of the parking in relation to transit systems; the attempt here is to reduce the total length of the trip; locating where people work to where they live is a considera- tion; they have found that use of landscaping can eliminate carbon monoxide problems; there is the possibility of additional gasoline tax or the possibility of additional fees for automobile registration for second, third or fourth automobile as a way of reducing total vehicle miles of travel; the implementation and enforcement process is where EPA is requesting each City to make comment to them by October 1 of this year; they are saying the City of National City has three choices at this point: 1) to let the Environmental Protection Agency assume this indirect resource review responsibility themselves, 2) have the City of National City request delegation of the Environ- mental Protection Agency to do indirect resource reviews themselves; that could be done by the City or perhaps in combination with some other cities; 3) this is the option the CPO Board of Directors and the Air Quality Task Force supports; rather than handle this project by project in a single purpose method, it be done as a Parking Management Plan that could be developed jointly by everybody in the region; if it is agreed'Ahat this joint process is the way to go, the joint decision role should be carried throughout; the reason for this is that if at the end of the line, there is no agreement about meeting air quality standards within a reasonable amount of time using this balanced approach, that there would be some alternative between the 9/10/74 7 two positions; if the alternatives could not be resolved within the San Diego region. Mr. Letter said if the Cities and County make a commitment toward going ahead with this joint approach; he thought the EPA would be more than willing to consider a delay if the deadline could not be met. There was discussion. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,579, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962, [(Z-2-74), to allow one double-faced temporary construction sign, containing (160) square feet, on property proposed for a shopping center, located on the south side of Sweetwater Road, between Edgemere and Interstate 805. (National Center, Ltd.)]" Moved by Camacho, seconded by Reid, Resolution No. 11,579 be adopted. Councilman Dalla asked will this be the only sign that can be put on the property? Planning Director Gerschler said that is one of the conditions. Carried by unanimous vote. RESOLUTION NO. 11,580, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO GAS TAX FUND 2107." Moved by Reid, seconded by Camacho, Resolution No. 11,58.0 be adopted. Carried by unanimous vote. Resolution No. 11,581, "Resolution Deferring Requirements for Street Improvements on "N" Avenue, between 14th and 16th Streets, (National School District)." Moved by Camacho, seconded by Pinson, Resolution No. 11,531 be adopted. There was discussion. Moved by Morgan, seconded by Camacho, re ardin the. School District Council prepare a resolution to show that the sidewalks are re uired on "N" and on 16th Street and defer all other re uests there for curbs or There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. sidewalks. Avenue RESOLUTION NO. 11,582, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. 63 at 1519 Orange Avenue, 2315 and 2321 East 16th Street, Palm Homes, Inc.)." Moved by Reid, seconded by Pinson, Resolution No. 11,582 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,583, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 (No. 64, to Con- struct a 32-Unit Apartment Complex Within the 900 Block of "N" Avenue, west side, Cal -Home Development)." Moved by Pinson, seconded by Reid, Resolution No. 11,533 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,584, "RESOLUTION ACCEPTING FINAL SUBDIVISION MAP FOR E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK I." Moved by Camacho, seconded by Reid, Resolution No. 11,584 be adopted. Planning Director Gerschler said he would like the record to show, the Planning Commission's recommendations taken last night at their meeting has been delivered to Council; they have reviewed the subdivision map and made a finding that it complies with the tentative map. Carried by unanimous vote. City Clerk Campbell asked Assistant City Attorney Marks if there was a resolution relating to the argument for the measure on the November 5 ballot? Assistant City Attorney Marks said if Council desires to write an argument for or against the measure that is on the November ballot, a resolution should be adopted authorizing that an argument be prepared either in favor or against. Mayor Morgan said there should be an argument prepared by the Council. Moved by Pinson, seconded by Camacho, the Council prepare an argument for the measure. Mayor Morgan asked if all the Councilmen could sign it? Mr. Marks said yes. Carried by unanimous vote. 9/10/74 8 ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1438 (9/4144-1), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REDEVELOPMENT PLAN AND THE FEASIBILITY OF RELOCATION FOR THE BONITA CENTER REDEVELOPMENT PROJECT." Moved by Camacho, seconded by Pinson, Ordinance No. 1438 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 29,264.80 Traffic Safety 1,203.84 Park 189.72 Gas Tax 2107 22,078.70 Gas Tax 2106 1,500.00 Revenue Sharing Fund 51,438.34 Sewer 939.81 Redevelopment -Bonita Center 6,536.80 Total $113,152.01 Moved by Camacho, seconded by Dalla, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. PAYROLL for the period ending August 31, 1974 in the amount of $142,921.78 audited by the Finance Committee was presented. Moved by Reid, seconded by Camacho, the payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. REFERRALS The Assistant City Manager's memo regarding ARCHITECTURAL DESIGN COMMITTEE for the City of National City was presented. Mayor Morgan said he is working on this. Moved by Pinson, seconded by Camacho, this be turned over to the Mayor for action. Carried by unanimous vote. UNFINISHED BUSINESS Communications from WESTTENSEN CONSTRUCTION COMPANY, requesting per- mission to USE ANOTHER SUBCONTRACTOR in place of Pollard Plaster and Drywall for the National City Public Works Center, and Bird, Fujimoto & Fish in this regard were presented. Moved by Reid, seconded by Pinson, this be approved if the City Attorney approves its legality. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. NEW BUSINESS CONSENT CALENDAR ITEMS were presented. a. City Manager's recommendation the minutes (attached) of the August 21, 1974 meeting of the Civil Service Commission be approval and filed. b. City Manager's recommendation the minutes (attached) of the August 14, 1974 meeting of the Library Board of Trustees be approved and filed. c. Memo from the City Manager filing one item with the City Clerk: 9/10/74 9 (1) Statement of Tax Rates, Fiscal Year July 1, 1974 to June 30, 1975, prepared by Controller of the Metropolitan Water District of Southern California. Consent Calendar ordered filed by unanimous vote. A letter from NATIONAL MEAT PACKERS, INC., dated August 26, 1974, confirming their offer to purchase Lots 13 and 14, Block 171 for $20,000, the Real Property Officer's memo regarding request by National Meat Packers, Inc. that the City order the vacation and closing of 22nd Street west of Wilson Avenue and stating National Meat Packers is making this request in connection with purchase of City owned property and a plat of proposed street closing, 22nd Street west of Wilson were presented. Moved by Camacho, seconded by Pinson, in favor of National Meat Packers. Carried by unanimous vote. The Park and Recreation Director's recommendation that application by COMMUNITY ACTION COUNCIL for free use of the Kimball Park Community Building on 10/6/74 be granted without charge and attaching facility use permit form was presented. Moved by Camacho, seconded by Pinson, in favor of this recommendation. Carried by unanimous vote. The Building and Housing Director's memo regarding request for PARTIAL REFUND OF SEWER CONNECTION FEES by Mrs. Leona J. Jamison and stating the National City Sewer Appeals Board recommended the minimum total sewer connection fee established by Ordinance 1159 in the amount of $450 be assessed for property at 1433 East 14th St. and that a partial refund on sewer permit No. 5987 in the amount of $270 be granted was presented. Moved by Camacho, seconded by Pinson, in favor of the Sewer Appeals Board. Carried by unanimous vote. A request by the UNION OF DEMOCRATIC FILIPINOS regarding their pro- posed PARADE on September 22 and the City Manager's recommendation the parade either be postponed or cancelled due to short notice and stating that if they want to march on the sidewalk and observe all traffic rules, the City would not require any special barricades or policemen were presented. Moved by Pinson, seconded by Reid, in favor of the Manager's recommendation. HERB TUYAY, 5615 Roanoke, San Diego, representing the Union of Democratic Filipinos was present and said he would like to apologize for the late notice given; they have agreed to the recommendation to have the parade on the sidewalk and will observe all traffic rules; they would also like to change the date of the parade to September 21. Mayor Morgan ruled the motion out of order as no permit is required to parade on the sidewalk. City Manager Osburn said the Union of Democratic Filipinos would have to notify the Chief of Police when they plan to march and where. Request by the STATE DEPARTMENT OF TRANSPORTATION the City make arrangements to convert PLAZA BOULEVARD TRAFFIC TO ONE-WAY (EASTBOUND) only as soon as practicable (this request is related to agreement coveringparticipation by the City and State in the relocation of the 9th Street off -ramp to Plaza Boulevard.) was presented. Moved by Camacho, seconded by Pinson, in favor of the State Department of Trans- portation's recommendation. Carried by unanimous vote. Councilman Reid asked if that is only up to the first intersection? City Manager Osburn said yes. REPORTS CITY MANAGER OSBURN reported receipt of a letter from the LEAGUE OF CALIFORNIA CITIES asking Council to thank WADIE DEDDEH for his efforts in defeating Bill SB 1652. Moved by Morgan, seconded by Pinson, this request be granted. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a LEAGUE BULLETIN on the 6th too late to put on the agenda; most of the items are now on the Governor's desk; he followed the recommendations of the League of 9/10/74 10 California Cities; he recommended approval of some of the items and vetoed others; if Council will authorize this action, he will send it off tonorrow. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendations. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Reid. Abstaining: Dalla. CITY MANAGER OSBURN reported receipt of a notice of an ENVIRONMENTAL PROTECTION AGENCY public hearing in the State Office Building, Room B109, San Diego; there are two sessions: one starts at 1:30 and the other starts at 7:30; anyone interested in attending will have to go at 1:30 as the Council meeting is at 7:30. Moved by Morgan, seconded by Pinson, to send Planning Director Gerschler. Carried by unanimous vote. (Date of Hearing: October 8, 1974) CITY MANAGER OSBURN reported receipt of two CLAIMS against the City; one from ROBERT E. WILKERSON and the other from TOMMY G. THOMPSON relating to injuries they received while on City owned property; they were salesmen demonstrating their product when they were hurt; he recommended it be denied and referred to the City Attorney. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommen- dation. Carried by unanimous vote. CITY MANAGER OSBURN inquired if Council wanted to discuss the PROPERTY at 31ST AND NATIONAL? Mayor Morgan said he felt no action should be taken in this regard at this time. A Planning Department transmittal stating the Planning Commission recommended the ZONE CHANGE be approved to ADD OPEN SPACE OVERLAY ZONING TO THE CALTRANS PROPERTY, southwest corner of 24th Street and Newell Avenue and stating the Public Hearing was closed at the August 6, 1974 meeting was presented. Planning Director Gerschler said Council previously received a full recap of the history of this case; it has been going on for some time; the latest action of the City Council, on August 6, was to approve the application of open space overlay zoning to this property; it was sent back to the Planning Commission for a review and report; the Planning Commission reports they concur with Council; they feel the open space zoning should be attached to this property; if Council approves this, it would be to accept the recommendation of the Planning Commission and refer it to the City Attorney to prepare an ordinance. Moved by Pinson, seconded by Camacho, to accept the Planning Commission's recommendation and the City Attorney_prepare an ordinance. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. A letter from RAY L. HUFFMAN CONSTRUCTION, INC. regarding plan approval for APARTMENT PROJECT at 1524 East 17th Street and Planning Department transmittals stating that unless Mr. Huffman can persuade City Council to change its policy to his benefit, the only remaining remedy would be a zone variance application were presented. Planning Director Gerschler said an analysis was prepared explaining the prob- lem; expressing their sympathy with the problem and stating their hands at this point are tied; there is no administrative remedy that they can offer; Mr. Huffman can apply for a zone variance, a change in the code or a change in the General Plan; three possible remedies are open to him on his own initiative; if he elects to use any one of the three, the Planning Department will be cooperative, and see to it they are processed as rapidly as is possible; there is nothing more he is aware of that Council can do; he would recommend this be filed. Moved by Camacho, seconded by Pinson, this be filed. Mayor Morgan asked if there would be a charge for making a request for variance? Mr. Gerschler said no. RAY HUFFMAN, Huffman Construction, 2700 Adams Avenue, San Diego, was present and said he was before Council about a year ago on this same subject; he cannot keep up with the City's changes; on this variance application, what is the process? what is the percentage of chance of approval? Planning Director Gerschler said a variance remedy is open to anyone aggrieved by the application 9/10/74 11 of a zoning regulation; an application can be made tomorrow; it can be on the agenda of the next meeting of the Planning Commission; he would have a hearing by the Planning Commission; he (Mr. Gerschler) would get it right in to the City Council and it should be up here within a month; whether or not the variance will be approved, will depend on the merits of the case. There was discussion. Ordered filed by unanimous vote. A letter from the Governor's Office, State of California attaching a preliminary draft of "Local/State Planning Coordination Study --San Diego County Region" and the Planning Director's transmittal stating his office has reviewed the "State/Local Government Planning Coordi- nation Pilot Project" and finds no conflict with City programs and very little requirement for staff effort were presented. Ordered filed by unanimous vote. COUNCIL COMMUNICATIONS MAYOR MORGAN said he has had Division Street on his agenda for three or four weeks. Moved by Morgan, seconded by Camacho, if this thing is still hullo, up, the City Attorney be authorized to check into it and take whatever legal action he thinks necessary to get the work on Division started. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. There was further discussion. Moved by Morgan, seconded by Pinson, the City Manager be authorized to add the watering and any other expense incurred'by the City to this job. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstaining: Reid. Moved by Reid, the City Manager go ahead and hire a water truck and water that once a day at least. Mr. Osburn said arrangements have already been made with Peni4k. It was suggested letters be sent to the people on Division St. from the City explaining exactly what is taking place and why the delay. Moved by Pinson, seconded by Dalla, the Mana9er write such a letter. Carried by unanimous vote. Mayor Morgan said he has written to the bonding company in Illinois; he has had no reply, Acting City Engineer Hoffland has been in touch with them. Moved by Reid, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:28 p.m. City Clerk City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 24, 1974. No corrections El Corrections as noted below Mayor, City of N nal City, California 9/10/74