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HomeMy WebLinkAbout1973 06-05 CC MINDq, MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 5, 1973 43 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, Attorney Paul Marks, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed by invocation by Dr. M. O. Garner, Calvary Baptist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meeting of May 22, 1973 be approved, Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS - No one was present to speak. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,064, "RESOLUTION GRANTING COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 FOR PARADISE TWIN CINEMA-1001 HARBISON AVENUE." Moved by Reid, seconded by Camacho, Resolution No. 11,064 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,065, "RESOLUTION APPROVING AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION." Moved by Waters, seconded by Reid, Resolution No. 11,065 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,066, "RESOLUTION AUTHORIZING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT CREATING A STRIKE FORCE -ROBBERY." Moved by Pinson, seconded by Camacho, Resolution No, 11,066 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,067, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Lewis W. and Mary M. Vaughn)." Moved by Reid, seconded by Pinson, Resolution No. 11,067 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,068, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF SIDEWALK AND PERMANENT PAVING FOR ONE-HALF THE STREET WIDTH AT 1104 PALM (Bashor and Bach)." Moved by Pinson, seconded by Reid, Resolution No. 11,068 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,069, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Clarence T. and Wilma J. Bach & James T. and Diane Bashor)." Moved by Reid, seconded by Pinson, Resolution No. 11,069 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,070, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (La Siesta Way from 18th and 20th)." Moved by Pinson, seconded by Reid, Resolution No. 11,070 be adopted Carried by unanimous vote. 6/5/73 44 RESOLUTION NO. 11,071, "RESOLUTION DEDICATING SWEETWATER HEIGHTS PARK - PLAYGROUND." Moved by Waters, seconded by Reid, Resolution No. 11,071 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,072, "RESOLUTION AUTHORIZING FILING OF A PETITION WITH THE COUNTY BOARD OF SUPERVISORS OF TERRITORY KNOWN AS SWEETWATER HEIGHTS PLAYGROUND ANNEXATION." Moved by Camacho, seconded by Reid, Resolution No. 11,072 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 6/5/73-1, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (ZC-3-73 to rezone from C-3-C to R-4 the commercially zoned area between National and Highland Avenues, south of llth and north of 19th Streets)." Ordinance No. 6/5/73-2, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California/ ZC-7-73 to rezone portions of the E. J. Christman Business and Industrial Park to TRC-PD (Transportation Center-P1 nned Development) and M-1 (Special Limited Indus- trial Planned Development ." REPORT OF CITY ATTORNEY - None, APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $37,126.17 Traffic Safety 4,199.43 Park 2,413.76 Gas Tax No. 2106 21.30 Gas Tax No. 2107 978.03 Park & Rec. Capital Outlay 32.00 Sewer 903.06 Total $45,673.75 Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $123,923.15 was presented. Moved by Camacho, seconded by Pinson, this payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS The application of THOMAS H. COSBY, JR. POST, VETERANS OF FOREIGN WARS, for an (on -sale) ALCOHOLIC BEVERAGE LICENSE AT 936 NATIONAL AVENUE, /they are negotiating for the purchase of a building at 936 National and house (Kimball House) at 21 West Plaza Blvd., house to be razed to meet off-street parking regulations;; communications from Police Chief stating if City approves application it is strongly recommended that a "conditional license" (club license) as described be required; Chairman, Chamber of Commerce Community Affairs Committee requesting action be delayed for 30 days on demolition of Frank Kimball home on W. Plaza Blvd.; Chairman of Historical Sites Preservation Committee and Member of the Board of Directors of South Bay Historical Society of San Diego County, stating the house facing demo- lition is on the list of houses to be saved for our heritage and requesting deferment of action until next regular meeting; Chairman of Mayor's Histori- cal Committee, protesting the demolition of the Frank Kimball house at 21 W. 10th St.; and Director of Building and Housing regarding proposted temporary relocation of Historical Building No. 28 were presented. 6/5/73 45 HAROLD J. KINNETT, 235 South Belmont, was present and said he has lived in National City for 22 years and he hoped the Star -News reporter gets this straight; two weeks ago he requested two weeks...Council to table this motion on this building; this newspaper has told half truths, diabolical lies and said things against an honorable organization of the United States, the Veterans of Foreign Wars, that the National Commander in Chief is being informed of at the present time; the men who fought and died for this country are being slandered. THOMAS M. GIBSON, 3902 Bonita View Drive, Bonita, (Bldg. Chairman, VFW) was present and said in reading the local newspaper he has found out they (the VFW) are a bunch of boozers; in any case, the VFW has submitted an offer to purchase the property at 936 National Avenue for a VFW Post Home; the newspaper speaks about heritage, the preservation of our heritage; there is no one more interested in, more responsible for our heritage than the VFW; the VFW does not want to destroy this piece of property (Kimball house at 21 W. Plaza Blvd.); they do want a VFW Post Home in National City and they are prepared to see that this piece of property is preserved; they are trying to get their VFW home started here at this location; if the Historical Society wants to preserve this piece of property, we can make several proposals to them so they can avail themselves of this property when they have the funds to do so; he does not think they have the funds right now; looking at Granger Hall up there, they have not done a great deal with that; if they (Historical Society) can see their way clear, the VFW can hold this house on this piece of property and if the City sees their way clear to do so, give us a tem- porary use permit to go ahead and purchase this piece of property so they can get their VFW Home established and leave the house sit on the premises until such time as the Historical Society has the necessary funds in order to move the house; the VFW will give them the house providing that the VFW has use of the property during this period of time and that the VFW receive the revenue from the house during this period of time; they do not want to destroy it; but it is causing them a tremendous amount of inconvenience; they just simply can't get started on anything; they want the property and have submitted an offer to buy it, so if they feel that they want to pre- serve this house, VFW will go along with that 100%; if they want to take the house immediately, the VFW must put in a parking lot there and they want to compensate us financially for the property, VFW will go along with that; there is no reason why this cannot be worked out. Mayor Morgan spoke in favor of the City preserving the historical building. Mr. Gibson said he owns the historic old Floyd house and he is making every effort to preserve it en his own. Mr. Gibson continued they cannot get by without a caterer's license because their revenue will not be sufficient to support their encumbrance; in buying this piece of property, they will go in debt ..have taxes, have payments, all the utilities; this is the only way we can get a mecne of revenue, to cater to private parties on the premises, ...same as the American Legion or any veterans organization of this type; you have got to do this in order to receive sufficient revenue to cover your monthly outlay; there is no other way; you simply cannot do it with dues or this type of thing; the VFW of National City has been here a number of years and he feels they have policed themselves very well in the past. There was discussion in regard to saving the Kimball house, the license and the question of the off-street parking. Planning Director Gerschler said the City Attorney may want to comment but he does not believe Council can waive the zoning requirements for off-street parking tonight; that would require either a zone variance or an amendment to the (Code). There was further discussion. Mr. Gibson asked City Council to give them assurance that in the event the ABC license is approved for the VFW they can go ahead even though they do not have their off-street parking facili- ties completed or that they can open their VFW hall; their offer to purchase has already been signed and is ready for escrow; they cannot submit it to escrow until such time as they have the approval of the City Council as to whether they have the off-street parking or whether they are going to preserve Kimball house or if they will have to demolish it. Planning Director Gerschler said they could find temporary substitute parking; this could be handled at staff level, it does not have to go to the Planning Commission. Moved by Reid, seconded by Morgan, if it is legal, this City Council move that building down there and put a fence around it and that is our obligation. Mayor Morgan restated the motion: "that we 6/5/73 46 authorize staff to go ahead, if it is legal, and prepare bids and prepare what it is going to cost to move this building from 21 W. Plaza Blvd. to the property next to the freeway that the City owns." There was discussion regarding the cost of moving the building, waiver of off-street parking for VFW, the ABC license, etc. Attorney Marks said he thinks what Council is doing is spending money and the appropriate way to do it is to continue this until the next meeting until you do have the cost of moving the build- ing and then you will know what you are voting on when you vote to move the building. Moved by Pinson, seconded by Morgan, this be tabled one week. Motion to table carried by the following vote, to -wit: Ayes: Pinson, Reid, Waters, Morgan. Nays: Camacho. Moved by Waters, seconded by Camacho, to approve a club license with catering privileges for Thomas H. Cosby, Jr. Post, VFW (amended motion). Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan. Planning Director Gerschler urged Mr. Gibson to come in to see him tomorrow morning. HEARINGS The CONTINUED HEARING ON THE PROPOSED ANNEXATION to the City of National City of uninhabited territory designated "LEWIS ANNEXATION" was held at this time. The Planning Department memo regarding the Wellington protest of Lewis Annexation and stating pursuant to Sec. 35313 of the Government Code, no further proceedings may be taken to annex this area at this time was presented. Planning Director Gerschler said at pre -meeting someone asked about legal questions raised and Mr. McLean was to respond to this; he and Mr. Marks discussed this and neither were informed and recommended the public hearing be continued until Mr. McLean is present. Moved by Waters, seconded by Camacho, in favor of the City Planner's recommendation that Council continue the hearing until 8:00 p.m. at the next regular scheduled meeting. Carried by unanimous vote. NEW BUSINESS Consent Calendar Items: (a) Audit report of Sweetwater Authority for fiscal year ending 12/31/72 and transmittal letter from Sweetwater Authority (b) City Manager's recommendation minutes of 5/15/73 meeting of Street Tree and Parkway Committee be approved and filed; (c) City Manager's recommen- dation minutes of 4/25/73 meeting of Civil Service Commission be approved and filed; (d) City Manager's recommendation minutes of 5/16/73 meeting of Traffic Safety Committee be approved and filed; (e) City Clerk's memo reporting receipt of: Petition for 1911 Act Improvement of La Siesta Way from 18th St. to 20th St. (See New Business No. 2); letter from R. W. King, Water Utilities Director, City of San Diego, enclosing minutes of San Diego Metropolitan Sewerage System Advisory Board meeting of 4/25/73 and an article, "Sewerage: Who Should Pay?"; Public Utilities Commission Opinion and Order, Case 9454, on Investigation...rules governing construction and maintenance of crossings at grade of railroads with public streets, roads and highways; communications from Senator James R. Mills and Senator John Stull in regard to Council's resolution regarding fees for installing fire hydrants; and (f) items to be filed with the City Clerk (1., Minutes of the regular meeting of the governing board of the Sweetwater Authority dated 4/11/73; 2. Minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District dated 4/3/73; 3. Letter from Sweetwater Union High School District, 1130 - 5th Ave., Chula Vista, dated 5/23/73, attaching executed copy of Joint Powers and Use Agreement for lighting certain recreational facilities at Granger Junior High School.) were pre- sented. Ordered filed by unanimous vote. A petition for improvement of LA SIESTA WAY from 18th Street to 20th St. (Improvements to consist of construction of curb, gutter, sidewalk, full street paving and required acquisition of right-of-way) and City Engineer's report were presented. (See Resolution No. 11,070, page 43.) Ordered filed by unanimous vote. The LICENSE COLLECTOR' S recommendation the request of National Cystic Fibrosis Research Foundation to conduct fund-raising campaign in National City July 9 through September be granted was presented. Moved by Camacho, 6/5/73 47 seconded by Reid, this request be granted to the National Cystic Fibrosis Research Foundation. Carried by unanimous vote. The application of MERRILL STAMPER, 2517 E. Second St., for refund of $100 PERFORMANCE BOND; the City Engineer's recommendation the deposit be for- feited to the General Fund and copy of City Treasurer's Re:eiptfor Deposit were presented. Moved by Pinson, seconded by Morgan, this request be denied. There was discussion regarding delays to the work caused by San Diego Gas and Electric Co. Carried by the following vote, to -wit: Ayes: Pinson, Waters, Morgan. Nays: Camacho, Reid. The POLICE CHIEF'S request that POLICE PHOTO LAB TECHNICIAN be appointed for 90 days starting 6/1/73 (salary to be set at Step A, Rate 32, and remain there for the duration of the emergency appointment) was presented. Moved by Reid, seconded by Camacho, this request be granted. Carried by unanimous vote. The POLICE CHIEF'S request to PURCHASE VEHICLE TO REPLACE WRECKED UNIT (total price for new vehicle $3,385.20) was presented. Moved by Waters, seconded by Reid, in favor of the Police Chief's request. City Manager Osburn said insurance will pay for the wrecked car but we do not have the money yet. Carried by unanimous vote. A request by PLANNING DEPARTMENT that former PEP employee be hired to prepare revised Proposition 20 exclusion request (to be hired at $5.96 per hour for maximum of 120 hours) was presented. Moved by Waters, seconded by Camacho, in favor of the Planning Department's request. There was discussion. Carried by unanimous vote. A communication from LOCH CRANE & ASSOC., AIA, San Diego, asking if they might proceed with design and development of Casa de Salud and requesting further interview if they are given the opportunity to proceed with archi- tectural services was presented. Moved by Reid, seconded by Waters, this be referred to the Finance Committee. LOCH CRANE, 1355 Sixth Ave., San Diego, was present and said he is suggesting that the City, not himself, might proceed to do what they can to develop Casa de Salud; he is particu- larly familiar with this case; he has worked on this project for three years himself during which time he also worked on both San Ysidro community facilities, the Chicano Federation project (which will go out for bid in about the next three weeks), the Mt. View project (out for bid now); he is familiar with community facility projects, the benefits and the needs involved; this project (Mr. Crane distributed renderings of the proposed improvements) is a project that he and the Chicano community of National City have been working on for three years and he knows that it is needed more now than it was three years ago. Mr. Crane stated the current build- ing was built in about 1963 and the project is totally inadequate; at present it is serving some purpose but it can certainly serve a much greater purpose; apparently Council has not pushed it because you claim it is in a neighborhood that is declining in population; it is declining because of governmental action; people do want to live in that environment and they do want and need a community facility and the fact that Interstate 5 went in and Navy housing was taken out is no fault of theirs; that building, if it could be developed now, would serve the whole community, particularly the young people who are most in need of help right now and if that entire area should go to industrial and manufacturing zoning that building would still have a very functional need for the next 30 years under that purpose; it can serve child care, employment counseling, training. Mr. Crane continued, about a year ago application was made to HUD for the development of that building and he talked with Mr. Herb Roberts (program manager for the Los Angles District of HUD) today; Mr. Roberts said, "the application that was put in about a year was short a little bit of general information, but had that information been sent back by the City of Nati.onal City when asked for by HUD's Los Angeles office, the project had good chance of being funded"; he quoted again, "rated well"; another quote, "probably would have been funded"; so gentlemen as long as a year ago the money was avail- able and this project could have proceeded had there been pressure from 6/5/73 48 the City Council; at the present time, funding is tight; there are funds that will probably come through HUD: Better Community Act of Revenue Sharing; now is the time to start planning if you want to do something with Casa de Salud...there are programs available; now is the time to start planning. There was discussion. LUIS NATIVIDAD, 1418 Meadow Drive, Chicano Federation, was present and urged Council to take favorable action. AL VERSINO, MAAC, was present and spoke of the need for the addition to the Casa. There was further discussion. City Manager Osburn said the only thing he has to say is he had a call from Mrs. Stockman who is the City's expert on this as late as 4:00 p.m. this afternoon, she informed him there was no money available at this time and he doubledif Mr. Roberts is correct in saying we did not furnish information; he was in on the various meetings with him or his representatives where we tried to furnish everything they wanted; he feels that should you check into this you will find that HUD was changing the ground rules so fast they did not know what they wanted. Councilman Waters asked the City Manager if he would report to Council what it would cost to close that room we talked about a year and a half ago and almost got done, that room on the end, just in case there is enough money. There was discussion on the cost of the proposed addition both one and two story. Carried by unanimous vote. Moved by Camacho, seconded by Reid, to authorize the City Manager to get Mrs. Stockman to get all the informa- tion referring to this money that is available for this prject. Carried by unanimous vote. The CITY MANAGER'S recommendations regarding League of California Cities Legislative Bulletin, dated May 18, 1973, was presented. Moved by Morgan, seconded by Camacho, these recommendations be approved. Carried by unanimous vote. An invitation to testify 6/28/73, 9:00 a.m. to 4:30 p.m., 1600 Pacific Highway, San Diego, before a subcommittee of the Governor's Council on Intergovernmental Relations on subject of local government reform was presented. Ordered filed by unanimous vote. A communication from STATE DEPARTMENT OF PARKS AND RECREATION regarding grants to local jurisdictions for off -highway vehicle facilities and stat- ing applications are to be made only by jurisdictions that feel their project proposal shows exceptional merit and that proposals for funding for acquisition and/or development will be accepted in narrative form from 7/1/73 to 9/1/73 (required information for the application for 1973 grants attached) was presented. Ordered filed by unanimous vote. The CITY MANAGER'S recommendation Ordinance 1244 be repealed and an ordinance imposing increased ($2.00 per month) sewer service charges to become effec- tive 9/1/73 be adopted and a communication from City of San Diego regarding Metropolitan Sewerage System estimated maintenance and operation expense for 1973-74 were presented. Moved by Pinson, seconded by Reid, in favor of City Manager's recommendation. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. The request of C & M MEAT PACKING CORFORATION for permission to construct a chain link fence 15' inside dedicated right-of-way of Cleveland Ave. between 24th and 25th Streets and to apply asphalt paving on this area and City Engineer's memo stating his department has no objection to this pro- posal were presented. Moved by Camacho, seconded by Waters, this be referred to the Attorney for further explanation of this in reference to an encroachment agreement. Carried by unanimous vote. A communication from the TRAFFIC SAFETY COMMITTEE regarding steps taken to correct problem of scrap being dropped in the Tidelands area was presented, Ordered filed by unanimous vote. A communication from the TRAFFIC SAFETY COMMITTEE regarding their denial of request for crosswalk in front of Lamb Chevrolet was presented. Ordered filed by unanimous vote. 6/5/73 49 A memo from the DIRECTOR OF COMMUNITY DEVELOPMENT regarding the extension of Las Palmas Park was presented. There was discussion. Ordered filed by unanimous vote. A request of DIRECTOR OF PUBLIC WORKS that City advertise for bids for tires, Fiscal Year 1973-74, was presented. Moved by Camacho, seconded by Reid, in favor of Director's request. Carried by unanimous vote. A request of the STATE DIVISION OF HIGHWAYS to lease portion of City owned land on 4th Street ($50 per month suggested as lease fee) was presented. Moved by Pinson, seconded by Waters, in favor of State Division of Highways to lease property on 4th Street for $50 per month. There was discussion. DICK MADDOX, State Division of Highways, resident engineer on this project, was present and said there would be three trailers and they would not be unsightly; they tentatively plan to place a chain link fence around the trailers for security purposes; if you feel this would decide the matter, they can state right here and now that they will put up this chain link fence. There was discussion. Mr. Maddox said they would be there for about 2 and half years. Moved by Waters, seconded by Pinson, the motion be amended to require a temporary chain link fence since it is for two and one half years. Amendment carried by the following vote, to -wit: Ayes: Pinson, Reid, Waters. Nays: Camacho, Morgan. Original motion carried by unanimous vote. The CITY MANAGER'S memo stating MAAC Center requested permission to have portable boxing ring at Kimball Bowl on July 4 and stating he saw no objection on the City's part (Lions Club is in favor of a boxing show which will take place from about 1:00 p.m. to 2:30 p.m.) was presented. Moved by Camacho, seconded by Pinson, in favor of MAAC Center boxing ring. Carried by unanimous vote. A request of SOUTH BAY HISTORICAL SOCIETY, INC., for $4,500 to be included in the City's 1973-74 budget to re -roof Granger Music Hall was presented. Moved by Waters, seconded by Camacho, in favor of the South Bay Historical Society's request. There was discussion. JOE MONTIJO, 126 W. Plaza Blvd., was present and said he has lived in National City since 1905; Granger Hall has been his dream; this is something that goes way back many years; people today don't realize when they have something good in their hands; if we allow Granger Hall to go, National City will lose one of the best sites of interest it ever had in this town; he is Vice President of South Bay Historical Society; we are trying to keep National City on the map; if we go ahead and say, "well it is just an old building, it is going to cost the City so much money, cost the taxpayers so much money;" yes, it's going to cost us all money; he has put in many hours on that old building down there, gratis; there are lots of people who have done the same thing and the more people we can get here in National City to do the same thing; we will have one of the most beautiful buildings that you have ever laid eyes on; so it is a dream, a vision; well, sure once we get that roof on, then we can proceed with other things; then the building can start to support itself and maybe pay back the City what the taxpayers donated to that building; if something is not done pretty quick, that building is just going to go; we put a foundation on there; we installed a chain link fence but vandalism still continues; they break the barbed wire and come in there and are still tearing it up; we have to do something. There was further discussion. TOM RUIZ, 2204 E. 4th St., (So. Bay Historical Society Bd. Dir.), was present and said all he has heard is money; you said you did not want to give away the taxpayers money; he would like to remind the Mayor that a few years, a year and one half, or two years ago, you people passed a weed abatement program where the property owners were going to pay to clean up their lots; and when it was all said and done, he wants to ask who paid for it and how much was it? it was a lot more than $4,500. There was further discussion. HELEN LAMB, 441 E. 7th St., Bd. Dir. and Past Pres. So. Bay Hist. Soc., Chairman of the Historical Sites Preservation Committee, was present and stated that the request for the $4,500 was at her instiga- tion through the Historical Society Board of Directors; they submitted it because during the PEP program Cheri Hoffman worked on the application for 6/5/73 50 the Brick Row which was approved by the State and now the Federal government; she then turned her efforts to the Granger Music Hall and prepared a docu- mentation of the history and the things required for this application; the PEP program was discontinued and Cheri was taken off the job; the application is now in Mr. Gerschler's office under the direction of one of his assistants for further working; when Mrs. Hoffman returns from a vacatin.in the east; there will be consultations with her as to what must be done to further this in order to submit to the County Historical Society Commission before it goes to the State...Mrs. Lamb outlined fund raising and the Society's need for funds and public agency contributions for historic restorations. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. Moved by Pinson, seconded by Waters, this goes on the ballot whether or not this City supports the Historical Society (Vice Mayor Pinson restricted the motion to cover old buildings in National City). Carried by unanimous vote. The CITY TREASURER'S memo stating $6,500 was received from Mr. Leon W. Sims for payment of City owned site at 1326-28-30 E. 16th St. and requesting arrangements be made for transfer of property was presented. City Manager Osburn said this is in escrow now; Mr. Sims is interested in getting over there and cleaning up the premises; and recommended Council allow Mr. Sims to do this. Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation. Carried by unanimous vote. The CITY MANAGER'S recommendation $10 business license refund be paid Mr. John E. Staggs and Business License Clerk's report and City License Collector's recommendation of approval were presented. Moved by Waters, seconded by Camacho, in favor of City Manager's recommendation. Carried by unanimous vote. The CITY MANAGER'S recommendation City budget $12,768 in 1973-74 budget for the City's contribution toward lighting facilities on Granger Junior High School Campus (previously budgeted $7,500 to pay half of the installation fees for lighting facilities; school district recently opened bids on this project and City staff recommends installation of base bid plus alternate No. 2 at total cost to City of $12,768) was presented. Moved by Camacho, seconded by Waters, in favor of City Manager's recommendation. Carried by unanimous vote. A request by CHRISTENSEN CONSTRUCTION CORPORATION for waiver of requirements for driveway at 310 W. 17th St. and memo from City Engineer stating request for driveway at 6' from property line rather than 11' conforms with existing driveways in the area were presented. Moved by Camacho, seconded by Pinson, in favor of Christensen Construction Corporation. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstain- ing: Morgan. An appeal by MARIE E. MOUNTS, LIBRARY TECHNICIAN, of the CIVIL SERVICE COMMISSION decision not to reinstate the eligibility list for position of Library Technician was presented. Moved by Waters, seconded by Pinson, this item be held over until next week at the request of the City Manager. Carried by unanimous vote. A communication from LEAGUE OF CALIFORNIA CITIES regarding annual conference 10/21-24, San Francisco was presented. Ordered filed by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of a notice from the Public Utilities Commission on the Order instituting investigation on the Commission's own motion into methods of compliance with the Environmental Quality Act of 1970; there is a 20-day statutory period for reviewing petitions and they can't seem to get their report so this is a notice they are going to review this and see what they will have to establish. Ordered filed by unanimous vote. 6/5/73 51 The CITY MANAGER reported that the City has an opportunity to hire a young man with a masters degree, as intern, for $150 a month for a 3-month period (his total salary would be $560 a month with the League of California Cities paying $410) and recommended he be authorized to hire him. Moved by Pinson, seconded by Camacho, in favor of the City Manager's recommendation. There was discussion. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a claim in the amount of $541.23 for damages, by a Mr. Baynard against the City of National City due to an automobile accident and recommended this be denied and referred to the City Attorney. Moved by Waters, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY MANAGER OSBURN requested an Executive Session. Mayor Morgan said he would call an Executive Session. CITY MANAGER OSBURN asked if Council wanted him to go and testify on AB 1857; that occurs next Tuesday so he would be in Sacramento next Council meeting. Moved by Reid, seconded by Waters, in favor of the City Manager's recommendation that he go testify...request that he go testify. Carried by unanimous vote. The PLANNING COMMISSION recommendation regarding approval of location and plans for proposed second story addition to existing single family dwelling at 1238 Manchester St. (Glenn C. Keeran) and Planning Commission's recom- mendation of approval (Planning Director stated only one protest filed and that one admitted that subject building would not have any direct effect upon the protesting property owner) were presented. Moved by Waters, seconded by Camacho, since there has been only one protest on this project, that the proposed second -story addition at 1238 Manchester be approved. Carried by unanimous vote. The PLANNING COMMISSION recommendation the application for deferral of installation of permanent paving for one-half the street width at 1740 - 4th St. (Fred Scott) be denied was presented. Moved by Waters, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. The PLANNING DIRECTOR'S memo regarding Swap Meets and stating the Planning Commission suggested to City Council they study question of Swap Meets inso- far as classification of items for sale is concerned was presented. Plan- ning Director Gerschler said the Planning staff requested that, if Council wishes to proceed with the matter at all, the matter be first referred to the City Attorney for analysis and comments and secondly, that Council give some indication whether or not you even want to have them spend time on it. Moved by Reid, seconded by Pinson, this be filed and referred to the Manager.. the Attorney, and Chief of Police. Councilman Waters asked the City Clerk and Planning Director if protests had been received on swap meets..objec- tions to the Swap Meets? Both replied in the negative. Planning Director Gerschler said one or more members of the Planning Commission raised this question and the Planning Commission voted to send this suggestion to you. There was discussion. L. T. DERR, 11011 Fuerte Dr., La Mesa, owner and operator of the Swap Meet, was present and said the entire affair came about because of misinformation; Mr. Webster and he have had quite a discussion; Mr. Webster was under the impression that the merchants were not licensed nor was any sales tax being paid; we had a very friendly discussion on this and he as much as apoligized for some of the things that appeared; last year, as he told Mr. Webster, 339 individual City licenses were issued at the City of National City for vendors at the Swap Meet and they paid the City's fee on top of our license of $5,000; so far this year they have licensed 190 and he thinks it will exceed the 339 of last year. Motion carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR PINSON said he had a complaint regarding a gentleman on La Posada who walks his dog and turns him loose in the evening; a neighbor called the police and was told "You will have to call back in the morning 6/5/73 52 because we do not have an animal regulation officer at night." There was discussion. Moved by Pinson, seconded by Waters, that Council authorize the City Manager to designate someone at night to be an animal regulation officer and train him to this effect. There was further discussion. Motion and second withdrawn. Moved by Pinson, seconded by Waters, the City Manager adjust the animal regulation officer's hours to take care of some evening calls. Carried by unanimous vote. JOHN WILKINSON, 1628 E. llth St., was present and asked in regard to a rooster who lives right behind him, if the Police will give him authoriza- tion to discharge a weapon in the City. Moved by Morgan, seconded by Waters, the problem be turned over to the Planner to work out an ordinance pertaining to roosters in the City of National City. Carried by unanimous vote. COUNCILMAN WATERS said he was very grateful for the Star -News retraction of the statement made a week before; like it says here, "Morgan -Waters square off again" of course you know from the minutes, he never opened his mouth that whole session; he just pushed his button; he called Mr. Blankfort and informed him of this and he was kind enough to write a retraction. COUNCILMAN CAMACHO advised Council he spent a whole day this weekend in our Sister City Tecate where they showed him their dire need of water and they are starting now their aqueduct which will supply them with enough water; also, he is still working on the border being open on a 24-hour basis. COUNCILMAN REID requested the City Manager to give him a report on the change of Library hours and how that came about. MAYOR MORGAN said he keeps hearing about a proposed Federal gas tax... something like 100 a gallon; Council should authorize the City Manager to notify our representatives and the president, let them know that Council is against any tax increase...putting extra federal tax on gasoline. Moved by Morgan, seconded by Camacho, the City Manager notify all the Federal representatives that we are opposed to the tax...any tax raise...more Federal taxes on gas. There was discussion. Carried by unanimous vote. MAYOR MORGAN asked Planning Director Gerschler to see if we have anything coming up on Palm Ave. Planning Director Gerschler said the hearing is scheduled before the Planning Commission on June 26; in the meantime they have had a couple of inquiries about projects and have advised people to set back 14 feet; if they do not do it, we will deny plans under site plan review procedures. MAYOR MORGAN displayed a map and said people at Edgemere and Sweetwater Road want to prezone to C-2-A 24 acres to be annexed to National City and all they are asking for this part here (he indicates on map) down to this line; they want this prezoned and are in the process of asking LAFCO to annex them into the City; LAFCO asked for prezoning before they annex so he is requesting Council to authorize the Planning Commission to start proceedings on prezoning on this 24 acres. Moved by Waters, seconded by Camacho, in favor of the Mayor's recommendation that this be referred to the Planning Commission to start the proper procedures for public hearing on prezoning to C-2-A. Carried by unanimous vote. MAYOR MORGAN called an Executive Session at 10:04 p.m. ROLL CALL MAYOR MORGAN called the meeting back to order at 10:13 p.m. Council members present: Camacho, Pinson, Reid, Waters, Morgan. CITY MANAGER OSBURN recommended Council authorize the City Attorney to join South Bay Irrigation District's attorney in filing a cross -appeal against the Cal-American...Moved by Waters, seconded by Camacho, in favor of the 6/5/73 53 City Manager's recommendation. Carried by unanimous vote. VICE MAYOR PINSON called a Finance Committee meeting next Monday afternoon at 4:00 p.m. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. Meeting closed at 10:14 p.m. City Jerk City of Nationa City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of June 12, 1973. No corrections fI Corrections as noted below Mayor, City of a Tonal City, California 6/5/73