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HomeMy WebLinkAbout1973 03-27 CC MIN222 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 27, 1973 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan, ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Rev. Reginald Berry, First Congregational Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meeting of March 20, 1973, be approved. Carried by unanimous vote, PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read the Mayor's Schools Week" (April 1 through April Reid, this proclamation be adopted. Morgan presented the proclamation to proposed proclamation of "Public 7). MoVed by Camacho, seconded by Carried by unanimous vote. Mayor MR. J. WHITE, Master of Masonic Lodge. MAYOR MORGAN recommended the appointment of MRS. LUCY UNGAB, 3330 Lou Street and NICHOLAS J. NASTAVE, 2840 "M" Avenue to the Community Develop- ment Committee and MRS. GLEN HAGdAN, 613 East First Street, to the Street Tree Committee. Moved by Reid, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote, ORAL Cc14MUNICATIONS - None ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 10,999, "RESOLUTION DEFERRING REQUIREMENTS OF INSTALLATION OF PERMANENT PAVING FOR ONE.HALF THE STREET WIDTH AT: (1) FOURTH STREET 1604, 1638 EAST FOURTH STREET; AND, (2) "Q" AVENUE .. 410, 430 "Q" AVENUE, A CORNER PROPERTY." Moved by Reid, seconded by Pinson, Resolution No. 10,999 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,000, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF." Moved by Pinson, seconded by Reid, Resolution No. 11,000 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,001, "RESOLUTION APPROVING LOT SPLIT (TENTATIVE PARCEL MAP) AT 2132 GRANGER AVENUE." Moved by Waters, seconded by Reid, Resolu- tion No. llf 001 be adopted, Carried by unanimous vote, RESOLUTION NO. 11,002, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "LEWIS ANNEXATION" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Reid, seconded by Pinson, Resolu- tion No. 11,002 be ad2pted. Carried by unanimous vote. 3/27/73 223 ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, the Ordinance be presented to Council for second reading and adoption by title one. Carried by unanimous vote. ORDINANCE NO. 1354 S,429143, "AN ORDINANCE AMENDING ORDINANCE NO. 1227 RELATING TO THE OPERATION AND LICENSING OF CARNIVALS, CIRCUSES AND MIDWAYS." Moved by Camacho, seconded by Pinson, Ordinance No. 1354 3/4Q0448 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 5,811.54 Traffic Safety 3,428.28 Park 1,207.78 Gas Tax No. 2107 91.64 Sewer 463.33 Total $11,002.57 Moved by Camacho, seconded by Pinson, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS The CITY MANAGER'S communication stating CITY PLANNER, CHIEF BUILDING INSPECTOR, and CITY ATTORNEY have investigated possibilities of what could be done with the City -owned, partially built triplex on 16th Street, "...there is no way that the structure could be made to comply with exist- ing zoning laws without removing substantial portions of the existing wood framing and concrete foundations" and suggesting the City either clear the site or sell the property, with clearance required as a condition of sale, and attaching excerpts from Council minutes in regard to this property, were presented. Moved by Waters, seconded by Morgan, that the recommenda- tion of the City Manager, City Planner, Chief Building Inspector and City Attorney to clear the site be authorized. There was discussion, The Planning Director was asked if the structure could be modified to comply with existing code. Planning Director Gerschler said the existing zoning law covering this type of building says that where the front doors of the unit face onto the side yard, the side yard should be a minimum width)10 feet; the existing building is designed in such a way that the front doors would have to face onto the side yards unless the walls were taken down and rearranged; ,,,it would be impossible to make the building have front doors off the side yard and still comply with the zoning ordinance, without tear- ing down walls and rearranging doors; if this were done, it would comply. Mr. Gerschler said he had pointed out in a memorandum to Council that a zone variance could be considered; the City would have to be the applicant in this case and go before the Planning Commission, There was further discussion. Mayor Morgan withdrew his second. Councilman Pinson seconded the motion, There was discussion of the City's becoming involved in private enterprise and the possibility of the City's completing construc- tion of the building as a duplex under a zone variance and then selling it. Motion to clear lot failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Mayor Morgan asked if a motion could be made to have the City Manager have a bid go out and make a recommen• dation as to how this can be made into a duplex and send it to the Planning Commission. Moved by Reid, seconded by Camacho, that the City Manager, use any department (it's left up to him) to take this over and get this moving and make a recommendation on it. Carried by the following vote, to -wit: 3/27/73 224 Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. NEW BUSINESS Consent Calendar Items: a. City Manager's notice the San Diego Gas & Electric Company requested to cut off power to Civil Defense Siren at 4th and Palm for approximately three weeks and there are no objections from County Civil Defense Di.. rector. (Ordered filed, See motion under Item "g". ) b. City Manager's recommendation the minutes of 2/28/73 meeting of Civil Service Commission be approved and filed. (Ordered filed. See motion under Item "g".) c. City Manager's recommendation the minutes of 3/8/73 meeting of Park & Recreation Advisory Board be approved and filed.(Ordered filed. See motion under Item "g".) d. Communication from County of San Diego stating a report entitled "Noise Impact Assessment for San Diego County Airports," prepared by Daniel, Mann, Johnson and Mendenhall, indicated that the various community noise exposure levels traced indicate that, with the exception of Lindbergh Field,the noise impact area is zero for all civil airports in San Diego County. (Ordered filed. See motion under Item "g".) e. City of San Marcos resolution in regard to petitioning the State Legislature to undertake a study to determine another form of taxation for funding cities, counties and school districts. (Ordered filed. See motion under Item "g".) f. City of San Marcos resolution requesting Federal Government relinquish collection of two cents of the Federal governments six cent gasoline tax to the State, and that said two cents be distributed to cities and counties for street maintenance and construction purposes. (Ordered filed. See motion under Item "g".) g. Items to be filed with City Clerk: 1) Letter from San Diego County Water Authority, 2750 4th Avenue, San Diego, dated 2/1/73, enclosing tabulations showing changes in quantity of water stored in San Vincente Reservoir as of 1/31/73; and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1972-73; 2) Minutes of the regular meeting of the Board of Directors, San Diego Water Authori- ty, dated 2/8/73; 3) Letter from San Diego County Water Authority, 2750 Fourth Avenue, San Diego, dated 2/28/73, reporting Authority oper- ations for the month of February, 1973; 4) Letter from California Council Criminal Justice, 1927 13th St., Sacramento, dated 3/19/73, re National City Law Enforcement Communications Program Grant No. 1239; 5) Cert. of Ins. fr. Industrial Indemnity Co., P. O. Box 80965, San Diego, insuring Arrow Electric Co., 3559 Sweetwater Way, Lemon Grove, Policy No. LG 6075914, covering all operations of the insured as respects Hart Field, Kimball Park lighting; 6) Cert. of Ins. from Peacock Ins., P. O. Box 1128, Laguna Beach, covering Younger Bros. House Moving, Herbert C. Younger & Herbert A. Younger dba: 3770 Placentia, Riverside, Policy No. 650.8188124-COF; 7) Letter from Chubb/ Pacific Indemnity Group, Suite 2216, Union Bank Bldg., San Diego, dated 2/7/73, stating Summons and Complaint No. 331764 entitled Wayne David Corum vs. City of National City, has been referred to the law firm of McInnis, Fitzgerald, Rees & Sharkey, 1010 Second Avenue, Suite 1301, San Diego; 8) Cert. of Ins. from A. J. Cecchin Company, 2231 Camino Del Rio So., San Diego, insuring Duane M. Campbell, individually and dba: Campbell Truck, 1540 Tidelands Avenue, Policy No. CP390953. (Approved .by City Council, see motion in next paragraph. 3/27/73 225 Moved by Camacho, seconded by Pinson„ Consent items a through g be filed. Carried by unanimous vote. The BUILDING AND HOUSING DIRECTOR'S recommendation the request of National Building Ind. to move building from 2300 Cleveland Avenue to another loca- tion on same lot be approved subject to corrections being made was present- ed. Moved by Waters, seconded by Camacho, this item be referred to Plan- ning Commission. Carried by unanimous vote. The LICENSE COLLECT0R'S recommendation the request of the Arthritis Founda-. tion to conduct annual fund drive the month of May be granted was presented. Moved by Waters, seconded by Camacho, in favor of License Collector's recommendation. Carried by unanimous vote. The CHAMFER OF COMMERCE request that the City contribute expense money for National City resident to represent U.S. in Yugoslavia Tennis Match 4/5-15 was presented. Moved by Pinson, seconded by Camacho, in favor of Chamber of Commerce's request. It was stated bhe tennis player lives in La Mesa. The motion and second were withdrawn. Moved by Waters, seconded by Reid, the request be denied. Carried by unanimous vote. The POLICE DEPARTMENT'S report of taxicab license refusal for LeRoy C. Schiedelman was presented. JAMES R. ALBRIGiT, Attorney at Law, 1003 Plaza Boulevard, was present to represent LeRoy Schiedelman, Councilman Waters asked what constitutes reckless driving. City Attorney McLean said this gentleman was arrested for driving under the influence and he pled guilty to the lesser charge of reckless driving; he pled guilty to reckless driving in exchange for having charges of drunken driving dismissed. Councilman Waters asked if this was a first offense. Attorney Albright said this was a first offense. Moved by Waters, seconded by Reid, that LeRoy C. Schiedelman be reinstated and allowed to drive a taxicab. There was discussion. Carried by unanimous vote. The REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR'S report in regard to the transfer of City property to the Redevelopment project was presented. City ,Manage* Osburn said he recommended the transfer; the City will be paid for it when the project is completed. Moved by Waters, seconded by Reid, in favor of the Redevelopment Agency's recommendation. Carried by unanimous vote. The CITY ENGINEER'S request the consultant agreement with Associated Engineers for services in connection with the Hodge Street Assessment District be approved subject to the City Attorney's approval was presented. City Engineer Foster explained the Council has taken action already to set up an assessment district for Hodge Street down in the area of Golden Arrow Dairy; to accomplish this: he wants to hire his own engineer, Associated Engineers; this is a contract for his services; the agreement has been reviewed by the City Engineer's office and the City Attorney's office, and as far as we can tell they are ready for your approval if you want to go ahead with this. Moved by Waters, seconded by Reid, in favor of the City Engineer's request and recommendation subject to the City Attorny 's approval. Carried by unanimous vote. The MAYTIME BAND REVIEW CCIMITTEE'S recommendation the City draft an ordinance regulating concessionaires selling in the streets during a parade and requiring them to obtain a business license was presented. Councilman Waters asked the City Manager why we can't just instruct the police when these events occur to go around and ask each and everyone if they have a license and, if they have none, tell them to cease and desist. City Manager Osburn said this could be done, however: to be assured we get the fee) _ they would have to be cited. Mayor Morgan said he would like this set up so that a high school student could get a waiver. Moved by Waters: seconded by Camacho, the Maytime Band Review Committee's request Jag denied and the discussion and recommendation we have just had be handled in that manner. There was discussion. Moved by Waters, seconded by 3/27/73 226 Camacho, the motion include that monies collected be turned over to the Maytime Band Review, City Attorney McLean recommended this be handled on a year»to..year basis by the Council at that time; he further recommended that this not be put in a motion; he did not recommend committing public funds that way in advance. There was discussion of the fees formerly charged by the Maytime Band Review. City Attorney McLean said the problem is they have been charging people $50 and when someone said "I will not pay you $50 because I don't have to" and it turns out he is right and they have no legal right to charge anyone anything so the question is whether you want to substitute what they have been getting out of that on a voluntary basis; if Council wants to, Council can impose a special tax for one-time street vendors, the second question is, if you do impose a special tax, do you want to commit that money to Maytime Band Review; there are two separate problems; how much you want to charge the man who comes in on the day of the parade to sell balloons or runs a candy truck or whatever, and secondly„ when the Finance Committee meets, are you going to consider that money as belonging to, or being committed to,the Maytime Band Committee. There was further discussion. City Attorney McLean said there were no legal problems with having a special one -day fee for a street vendor on parade day; it is a matter of policy. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. Councilman Waters requested the City Attorney write his recommendation for handling this matter for consideration at the next regular meeting. The CITY MANAGER'S recommendation the City follow the six Planning Depart- ment recommendations in relation to the proposed Chula Vista "Sphere of Influence" forwarded to the Local Agency Formation Commission for incorpora.. tion into it's regional plan for spheres of influence was presented. Moved by Waters, seconded by Pinson,, that Council vote in favor of the City Manager's recommendation and that the "Sphere of Influence" recommendation of Chula Vista be denied. There was discussion. City Manager Osburn spoke of a study made by Chula Vista in relation to Chula Vista's use of the Metropolitan Sewer Agreement with San Diego as a base for the Sphere of Influence determination. Carried by unanimous vote, REPORTS CITY MANAGER OSBURN said at the Mayor's request he wrote to Assemblyman Deddeh requesting that he introduce legislation to declare Route 54, from I-5 westward to Tidelands Avenue in National City and Chula Vista, a part of the State system; Mr. Deddeh is in process of introducing this bill at this time and we have received the Port District's support and the City of Chula Vista's support, The City Manager recommended that Council adopt a resolution next week to be sent to both Mr. Deddeh and Senator Mills requesting they support this. Moved by Reid, seconded by Camacho, in favor of the City Manager's recommendation. Mayor Morgan said he called the Mayor of Chula Vista and he, too, has been in touch with Assemblyman Deddeh; we are trying to save $700,000 for Chula Vista, National City and the Port District. Carried by unanimous vote. CITY CLERK CAMPBELL reported receipt of a communication from the County Auditor and Controller giving date and time of information and/or instruc- tional conference regarding preparation of budgets and calculation of tax rates and attaching a reservation form for same. City Manager Osburn said he is planning to attend. CITY CLERK CAMPBELL reported receipt of Local Agency Formation Commission resolution approving proposed annexation to National City (M. A. Lewis Annexation) which is on file, (See Resolution No. 11,002 page 222.) CITY CLERK CAMPBELL reported receipt of City of Chula Vista resolution endorsing AB 123 which would require the San Diego County Assessor in 1975 to furnish estimate of assessed valuation no later than May 15 for the succeeding year which is on file. CITY CLERK CAMPBELL reported receipt of Notice of Hearing before Public 3/27/73 227 Utilities Commission "In the matter of the application of San Diego Gas & Electric Co. for...steam electric generating Unit No. 5 at Encina Power Plant.,." which is on file, CITY CLERK CAMPBELL reported receipt of a Master Plan, San Diego Unified Port District which is on file. CITY CLERK CAMPBELL reported receipt of State Board of Equalization Annual Report for 1971-72 which is on file. The PLANNING COMMISSION recommendation Zone Variance (No. Z-2-73) from required 4' side yard setback to 1' to permit construction of a patio addition (connecting an existing duplex to an existing detached garage) at 2220 E l0th St. be granted was presented. Planning Director Gerschler said the patio would have the effect of connecting the house to the detached garage. Moved by Waters, seconded by Camacho, in favor of the Planning Commission's recommendation on Z-2-73. There was discussion. Carried by unanimous vote. HEARINGS The HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SITE DEVELOPMENT OF PROPERTY NEAR THE SOUTHEASTERLY CORNER OF 30TH STREET AND HIGHLAND AVENUE (SANTA ANITA DEVELOPMENT CORPORATION) was held at this time. (Certificate of publication of notice of the hearing is on file.) Planning Director Gerschler said this is the case heard by the City Council March 13; no changes were made; the reason it is back before Council is because it is a question of the statutory requirement for hearing notice period; we are asking that Council reaffirm the previous action, No one was present to speak on this subject. Moved by Waters, seconded by Camacho, the public hearing be closed and the Environmental Impact report on 30th Street and Highland Avenue be approved and all stipulations of Staff be adhered to. Carried by unanimous vote. The HEARING ON PROPOSED ZONE CHANGE ZC-4-73 and AMENDMENT TO GENERAL PLAN ON THE AREA BETWEEN 6TH AND 7TH STREETS AND "A" AND "D" AVENUES AND AMEND- MENT TO THE GENERAL PLAN ON THE AREA BETWEEN NATIONAL AND "A" AVENUES AND BETWEEN 7TH AND DIVISION STREETS was held at this time, (The City Clerk's affidavit of mailing and Certificate of publication of the notice of the hearing are on file.) Planning Director Gerschler said this area is shown on the existing Zoning Map as "commercial"; it is shown on the existing General Plan as "very high denisty residential"; after considerable study and following Council policy, the Commission is recommending that the commercial zoning remain on all but three properties, (these being very recently constructed apartment units) and that the General Plan density be reduced from the present designation of "very high density" to "high density" with a maximum of 30 units per acre; the three properties that would not be changed would be 622 B, 610 & 620 C and 203 through 223 7th for a total of 11, 8 and 8 units on those properties. There was discussion. RICHARD RAMAGE, 2515 "L" Avenue, was present and stated he owned property at 626 C Avenue; 610 to 620 C Avenue is being changed to an R-4 and inquired about the rest of the block, Mr. Ramage said 626 C is a single family home; would like to see it go back to R-4 as it was before; others were supposed to be present to speak on this tonight; he was not notified of this action. Planning Director Gerschler urged these property owners, if they share the common desire, to come in and file an application with us and we will bring it up; it is not necessary that the property owners come to Council meeting but contact Planning Department and file applica- tions. MR. STONE, owner of property at 607 and 629 Co was present and said he bought this property because it was zoned commercial and would like it to remain that way. Planning Director Gerschler said that is what is being done tonight. MARIA HALFORD, 611 C, was present and said her property, purchased by her mother, was rezoned to commercial and she was never notified about it and she would like to have it changed back to residential. Planning Director Gerschler said he would suggest she get together with Mr. Ramage and coarse into the Planning Department and file an 3/27/73 228 application for this change. Moved by Pinson, seconded by Camacho, that the Public Hearing be closed and zone change ZC..4-73 and the amendment to the General Plan be approved with all stipulations of the staff adhered to. Carried by unanimous vote. The HEARING ON PROPOSED AMENDMENT (A-2-73) TO EXISTING NATIONAL CITY ZONING REGULATIONS TO PROVIDE LPEATIONAL CRITERIA, DEVELOPMENT STANDARDS, AND OPERATIONAL STANDARDS FOR METAL PLATING AND POLISHING was held at this time. (The Certificate of Publication of Notice of the Hearing is on file.) Planning Director Gerschler said the Planning Commission was requested to interpret the City Zoning Code by a person who wanted to put an electro- plating business in the M-2 zone; a search of zoning codes revealed no mention of electroplating business at all and the Commission felt it was not a question of interpretation but of a code amendment. Mr. Gerschler said the Planning Commission considered reports from the Fire Department and recommend to you that the zoning code be amended to allow electro- plating businesses in the M-4 zones; the original request was for M.2 how.. ever what is recommended is M..4 zones. No one was present to speak. Moved by Camacho,, seconded by Reid, the heariRg be closed and Proposed amendment A.2-73 to existing National City Zoning Regulations be approved_ and all Commission's recommendations adhered to. Carried by unanimous vote. COUNCIL CUNICATIONS COUNCILMAN REID congratulated and commended City Attorney McLean on his handling of the water condemnation suit. COUNCILMAN WATERS spoke in regard to the third level of government, C.P.O., saying they are making the same decisions we could make here; this is a tremendous waste of taxpayers money. Councilman Waters said their budget represents an increase of $105,000 over the current year with the added funds coming from the State and Local Transportation fund, and asked how they got their fingers in that pie? Councilman Reid replied that C,I;O,gets their fingers in all health plans, criminal justice and lots of things. Councilman Waters asked who authorized them to use this money...if the cities don't authorize it, how can they use it? Councilman Reid explained CPO is a clearing house for grants. There was discussion. Councilman Reid invited Councilman Waters to attend the next meeting; C:t is here to stay whether Councilman Waters likes it or whether he, Councilman Reid, likes it; it is here to stay and they have quite a little authority and they will continue having this authority. MAYOR MORGAN asked City Manager about 1911 Act improvements,, where they stand and when we can go to bid? MAYOR MORGAN asked City Manager Osburn to check out the stamp machine downstairs and see the latest that letters can be mailed and this sort of thing. MAYOR MORGAN asked Planning Director Gerschler how many places in National City can a van and storage build, just a plain van and storage; there is a man who has 7 van and storages and he wants to move into National City; do we want a van and storage built all over this section: Planning Director Gerschler said he would research this. MAYCIR MORGAN asked City Attorney McLean how can we work it out, the 600.. 1000 people up by the Police for drunk driving so we can take these peopeople le home, woit out where they don't have to be locked up and where y notget called at 3:30 in the mornin the Police Department's time, these people t9S thes es a waste of their cars are towed in; they come in and have twoucalls; andular thererise$368 bail to get out. City Attorney McLean said he had been instructed to write to the Legislature about the possibility of some sort of a State mandated detoxification center for alcoholics; he heard back from Assemblyman Deddeh, and has recently heard from Assemblyman Sieroty who 3/27/73 229 has sponsored this kind of legislation in the past and who has a bill before Assembly now and the City Attorney is to communicate with him to present the City's views that this would be a good thing if handled properly. The City Attorney said the prospect of that bill passing is fairly remote; insofar as the handling of criminal law violators, first, if they are driving under the influence they are violating the law and they are to be arrested for a lot of reasons other than the fact that they are violating the law, they are a hazard to anybody who is on the roadway; now, as long as they are in our custody we have to do two things; we have to protect their property and we have to protect their person; we can't leave their car sitting out in the street for anyone to come along who knows they have just been jailed to steal their car or strip it; we are certainly going to be responsible; that's why the car is towed away and is impounded; it is not to punish them, it is to protect their property; secondly, as long as they are in the City's custody, we have to take steps to protect them while they are intoxicated; there is only one place in this City to do it and that is the City jail; so they are in the jail, and as long as they are in the jail and they are intoxicated, they must be kept segregated from the other prisoners; they may be violent and they have to be kept in a place where they won't injure themselves. The City Attorney continued as fax as he knew, there has never been a claim against the City for anybody being injured in the City jail; this indicates the Police are handling the prisoners properly; the third thing is, what do you do with them when they sober up; you have a choice, you can release the person, without bond, and they do in appropriate cases or you can bring them before the magistrate, Mayor Morgan said that could be the next day or two a week maybe. City Attorney McLean said or they could make bail. Mayor Morgan asked if the bail could be eliminated. City Attorney McLean said this would be up to the Chief of Police; the Chief of Police and his agents have the legal power to release people without bail; there is no question about that....in 849B of the penal code they can do that, but if they are arrested and they are technically taken against their will into City custody in the jail and they don't want to be there - it's not a voluntary program.. the question is do you let them go then without making them come to court and the Police have the discretion to do that (but that is up to the Chief of Police, he runs the Police Department) now if the Council has a view that it would be a good thing if more people were released without bail, then the City Attorney said he thinks the Council motion can tell the Chief that that is how Council feels about it; City Attorney does not think Council can mandate to the Chief of Police how to run the Police Department. The Mayor requested he be kept informed. Moved by Camacho, seconded by Water4 the meeting be closed. Carried by unanimous vote. The meeting closed at 8:43 p.m. City lerk City of Nation City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of April 3, 1973. No col-- -tions Correct 3 e as noted below Mayor, it y National City, California 3/27/73