HomeMy WebLinkAbout1973 08-07 CC MIN111
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL, CITY, CALIFORNIA
August 7, 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,
RC1.L CALL
Council members present: Camacho,, Pinson, Reid, Waters, Morgan.
Absent: None. Administrative officials present: Campbell, Foster,
GerschlerMcLean, 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. Leroy Co Westbrook, First
Baptist Church..
APPROVAL OF MINUTES
Moved by Camacho, seconded by Reid, for approval of the minutes of the
regular meeting of July 24. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
Mayor Morgan presented a 30-year service pen to Police Lt. JAMES R.
CROWELL and said it was a real pleasure to him to make this presen..
tation for 30 years of faithful service to the City of National City.
Police Lt, Crowell thanked the Mayor and Council.
CITY CLERK CAMPBELL read the proposed proclamation, "Navy Mother's
Day" August 12, 1973, Moved by Camacho, seconded by Read, for adop-
tion of this proclamation.. Carried by unanimous vote.
Mayor Morgan asked City Engineer Foster if Mr. Onley, Assessment
Engineer, was present as he noted there were many people present from
llth St. east of "R" Avenue. Mayor Morgan ordered Item 2, New Business
be brought to the floor at this time.
NEW BUSINESS
The report of the HEARING OFFICERS on the SPECIAL ASSESSMENT, LIMITA-
TION AND MAJORITY PROTEST ACT OF 1931 on proposed IMPROVEMENT DISTRICT
NO. 161 was presented, City Clerk Campbell stated that the affidavits
of mailing and posting were on file. City Clerk Campbell read the
report of the Hearing Officers,, Sherman T. Stenberg, Assistant City
Manager, and Harold Co Foster, City Engineer: "Report on the Special
Assessment Investigation, Limitations and Majority Protest Act of 1931
Hearing, Assessment No. 161; Dear Mrs, Campbell: The subject hearing
was conducted on August 1, 1973 at 8:00 p.m. in the City Council
Chambers of National City. There were 37 interested persons present.
There were 46 written protests and 3 oral protests. The protests
constitute less than 28 percent of the area of the district. The
protests request removal of sidewalk construction from the project,
non.participation in cost of houses within the right«.of-*way by the
1911 Act owners, the costs of the improvements, and that now is not
the proper time to pave the streets.. Less than 2 percent of the area
requested sidewalks be removed from the project. We, therefore,
recommend that the project proceed per the existing plans and speci..
fications and that sidewalk not be excluded from the project. Because
of past City policy, participation in cost of houses within the right-
of«•way must be placed upon benefited property owners. Hence, the
Resolution of Intention should be postponed until such time as nego-
tiations for right-of-way have been concluded and right«.of•-way costs
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have been confirmed. Yours truly, Sherman T. Stenberg, Assistant
City Manager, Harold C. Foster, City Engineer." ROBERT E. ONLEY,
Assessment Engineer, displayed a map and said it was the district
map that was displayed the night of the hearing before the Hearing
Officers; the heavy line around the outside is the proposed exterior
boundary of the district, the shaded portions within the map are the
proposed street improvement areas; the numbers on the map are the
proposed assessment numbers; the green shaded areas represent the
property that protested either orally or by writing for any reason;
everything where there has been a protest whether proper or not we
have listed as a protest which has been the policy of the Council;
the sidewalk petition was for "R" Avenue between llth and loth Streets.
Moved by Morgan, seconded by Waters, we eliminate the llth Street
east of "R" Avenue, from "R" to the Freeway,. There was discussion.,
City Attorney McLean said the improvements are assessed on an area
wide basis on the theory that you, a property owner, benefit from
street improvements that do not face on your lot; for example, the
people on llth St. benefit from the fact that ''R" Avenue will be a
fully improved roadway, that improvement enhances the access and con.'
venience of service to their property such as fire and police
protection; those properties are still going to get some costs
assessed to them from the "R" Avenue work. There was further dis»
cession. DOROTHY TURNER, 1744 East llth, was present and said they
would all be willing to pay any part of an assessment; what they want
left is their land and homes as they have then; they have put in a
street; they do not have a need for curbs and sidewalks. ROBERT STOD-
DARD, 1821 East llth Street, was present and said we would be saving
a lot of money if you exclude this area for the simple reason that a
lot of the assessments are anywhere from five, seven, eleven hundred
dollars; everyone on this block has been assessed over $2,300 to a
high of $2,800 plus the home and so forth and so on. Motion to delete
llth Street from "R" Avenue to the freeway carried by unanimous vote.
City Attorney McLean said you have before you the recommendation of
the staff that the proceedings on District 161 continue. Moved by
Morgan, seconded by Reid, we continue the 1911 Act as prepared by
Mr, Onley, MRS. MORGAN, 1021 - 1031 "R" Avenue, was present and
spoke for herself as well as Mrs. Wilcox who also lives on "R" Avenue
within the assessment district; they are among the people who pre-
sented the petition to have the sidewalks eliminated and they want to
know if you are going to honor that petition. There was discussion.
Moved by Pinson, seconded by Camacho, those sidewalks be eliminated
on that block from 10th to llth on "R" (amended motion). Carried by
unanimous vote. Moved by Morgan, seconded by Waters, we proceed with
the 1911 Act. JIM TOWNSEND, 2120 East llth Street, was present and
said he circulated a protest petition around the neighborhood after
taking a voice poll and everyone is for improving the streets but the
cost is terrific, almost 40% of the cost of the lot; he sold five
lots down there and he knows of five lots that have been sold for
$4,000 and under; yet the cost of his up in front is $1,435 and down
there on 12th Street another lot is $1,525; now that is a terrific
cost; well, it will kill you, you know; that is about $800 a year
with your taxes so that is the only real protest; it is not that we
don't like improvements. There was discussion, Carried by unanimous
vote.
HEARING
The ASSESSMENT HEARING ("N" AVENUE, "M" AVENUE, "L" AVENUE AND 26TH
STREET, ASSESSMENT DISTRICT NO. 171) was held at this time, City
Clerk Campbell stated that the Certificate of Publication, City Clerk=$
Affidavits of Mailing Notice of Hearing on Assessment and Posting
Notice of Filing Assessment and Fixing Time of Hearing Thereon were
on file and protests were received from Basil Kuzdeny, 2412 Yajome St"
Napa; Mr. and Mrs. J. Sturgess, 2530 "M" Ave., and Mr. and Mrs. J. P.
McCracken, 1210 East 24th St.; Mr. Kuzdeny requested that Mr. Sturgess
be allowed to speak for him. City Clerk Campbell read the protest
letters: "In reference to Assessment District No. 171 under the
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113
Improvement Act of 1911. On April 25, 1972 we received an estimate
on our assessment of $273,07.. At that time we understood that the
total cost could not exceed 10% of the estimate. On June 26, 1973 the
proposed assessment was changed to $ 316, 64 which exceeds the original
estimate by more than the 10% allowed, Also during the construction
of our sidewalk the existing curb was broken in two places by earth
moving equipment. We want to point this out in the event that a
problem should occur at a later date* Sincerely, Mr, and Mrs. J. P.
McCracken." We do disagree with what was called improvement on
Assessment No, 5. Our fence was moved back and left standing without
any foundation. Now all the dirt is falling away. Also, no driveway
was put in, Mr, and Mrs, J. Sturgess, 2530 "M' Avenue." "In view of
the improvement act of 1911, we are very dissatisfied as to the un.w
improved existing condition on the 'M' Street side of the above
address, Due to not being able to attend the hearing Mr. Jim Sturgess
will represent my complaint. Sincerely yours, Basil Kuzdeny."
ROBERT ONLEY, Assessment Engineer, of the City of National City, was
present and displayed a map of Assessment District Number 171; saying
this dark boundary around the outside is the boundary of the bene..
fiting district; the shaded area within where the street goes on are
the areas which the street improvements were constructed; each parcel
in here has a small number written in a circle; the green colored
areas on the map, Assessment No. 18 and Assessment No, 5 and Assess.
went No. 4, are the three protests just read by the City Clerk; this
project has a contract cost of $45,407.13 for the improvements upon
the streets; incidental expenses $12,,348.61 which makes a total of
$57,755,74 less the City 's contribution of $19,725.70; this leaves a
total to be assessed of $38,030.04; after the project was completed
and presented to the Engineer of Work, we set about to spread the
cost of the improvements upon the benefited properties within the
district; we spent the $38,030.04 beneficial wise to all the properties
within the assessment district included within the dark boundary area,
Mr. Onley described the improvements: on "L" Avenue curb work, some
sidewalk work and driveways; on 26th Street, curbs, sidewalks, drive
ways, grading and paving; on "M" Avenue grading, paving, a gutter,
some curb and some driveways; on "N" Avenue curbs, driveways, and
paved streets. Mr, Onley said he looked at every property in the
district. Mr, Onley said in his opinion, the proposed assessment
against each property reflects the benefit received by that property
from the work done in the district. Mr, Onley said in regard to the
protest on Assessment No* 18 (McCracken), there are two broken pieces
of curb at the southeast side of "L" and 24th Street; he believes
they were broken long before this contract; there were no weakened
frame joints in the curb as it was constructed originally; and without
these joints, it is almost assured that the curb will break; this
area has expansive clays which results in lifting and expansive stress;
the sidewalk and its return (which is about 3 months old) has risen
approximately a half inch because of theecpansive soil; this causes a
pressure against any confining concrete or masonry structures which
is proportionate to the areas confined as opposed to ordinary soil;
this would widen the cracks, Mr, Onley said the original estimate
was $274 and the final, assessment is $316 and some odd cents which is
approximately $16 over 10%. Moved by Waters, this $16 be paid by the
City. Mr, Onley said Resolution No* 10,807 determining the project
should proceed, waives the limitation on the district and the indi.
vidual. Motion died for lack of second. Mr. Onley said in regard to
the protest on Assessment Number 5 (Mr. and Mrs. Sturgess), during
rough grading on "N" Avenues Mr. Sturgess was asked to relocate his
fence about two feet from "N" Avenue to the property line and he did
so; subsequently, we graded in this area and installed a cross gutter
which abutted the property line; at the cross gutter; the fence post
appeared to be anchored deep enough to support the fence; the bank
varies in height from 6 inches to 12 inches; and at the present time,
there is no apparent sluing of the bank; an 8.inch or 12--inch block
wall installed upon the property line on top of our concrete work
when we get completed here would tend to support the hank; this is
the first time Mr, Sturgess has heard this we have not discussed that
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114
particular item. Mr. Onley said the Kuzdeny protest is in regard to
the same problem; we made a critical cut on the property here; exist-
ing hedge is 12 inches west of the property line, 12 inches in that
direction from the property line from the bank that varies from 15 to
24 inches in height; it appears to be stable and very little root
damage; an approximate 18-inch or 24-inch wall could be built to
support this bank. There was discussion. JAMES STURGESS, 1305 East
26th St., was present and said he has property at 2530 "M" Avenue and
he is present also to represent Mr. Kuzdeny who is in Napa at this
time; the only complaint they have is that bank falling away from the
fence; he did move the fence...he took the fence down like the City
Engineer wanted him to do and moved it back to where he had marked on
my fence that the fence should be; so he cut the fence off and moved
it back before they started to do any of the grading; but, now he is
left there with a dirt bank, with his water meter exposed also and the
bank of Mr. Kuzdeny down the street there is just a dirt bank too
which we figure that during rainy weather will wash away because the
gutter that they put in there is not deep enough to hold a large rain
fall. There was discussion. Moved by Waters, seconded by Camacho,
we take care of this, Mr. Sturgess and the other gentleman.
Mr. Sturgess said thank you. Carried by unanimous vote. WILBER PIRAZ
ZINI, 2535 "L" Avenue, was present and said he lives on the corner of
26th and "L"; they bought their house in 1968 and they had the standard
curbs and gutters in there and they planned to put sidewalks in as
soon as was practical;...it has been like that for 20 years and we
said we didn't need it so along comes a 1911 Act and he went around
with a petition and he got over 50% of the people to sign it; the City
Council kept putting if off until they had different people take their
names off the petition; up on the hill there she wanted something done
and you did it for her supposedly; anyway, he wanted 26th Street
deleted because those people were willing to put this sidewalk, curbs
and gutters in that needed it and he thought the City could repair the
rest; he invited Councilman Waters to look at it and he said it was a
temporary street, that it needed to be torn out; but that was not so;
they tore out 12 ft, on each side where they put a new gutter and
curbs; they didn't tear out both streets; down at the crossing they
tore it out and put concrete in there; well, that the City paid for;
we had a drive and they tore out that drive and for three weeks we
couldn xt get in or out; they didn't even put in boards in there and
on the 26th Street side he had made a gate but there is a retainer
wall there about 2 or 3 ft, and there was all mud in that; luckily,
he didn i t get hurt too bad but taking out the trash he had foot boards
there in the drive himself and he slipped and fell and he called up
the company on Monday morning and one of the bosses came out and
bailed out two feet of water down there where the opening was supposed
to go; he thinks that their assessment came to $914 and for this
money, if they could get anything out of it, they would be happy but
they feel they just threw that away; as far as the bonds go, they are
going to pay cash; they still have to pay $27 to get the bond set up;
to him, he is going to find out why their have to have this 1911 Act
if he has to write to his congressman and what else because he thinks
it should be deleted; the sidewalks, the streets are public thorough
fare and he does not think the property owner should be billed for
that. There was discussion. Moved by Morgan, seconded by Pinson, to
a,prove the assessment on the 1911 Act on "L" and "N"1 and "L" and
26th and MN" Avenue and "M" and close the hearing. Mr. Onley said
percentage of protests was 2.4%. Carried by unanimous vote,.
ORAL COMMUNICATIONS
DALLIS WIDICK, 4270 Summit Drive, La Mesas California, was present
and said as a private businessman and owner of two private schools
in this City and as one who has worked with the Public Schools in
this town, he would like to give his thanks publicly to the National
School District for their outstanding leadership and propose a reso.r•
lution for adoption. Mr.. Widick read:
8/7/73
115
RESOLUTION NO. 11,148, "A RESOLUTION COMMENDING NATIONAL SCHOOL.
DISTRICT." Moved by Camacho, seconded by Reid, Resolution No.
111148 be adopted. Carried by unanimous vote,
LAWRENCE GARCIA, 3920,East 18th Street, was present representing the
National City Girl is Softball League and asked for a waiver of any
permit that has to be obtained to run a raffle. City Attorney McLean
said raffles are illegal in the State of California; the City Council
cannot give permission to conduct a raffle, LEWIE FREYMAN, 920 "C"
Avenue, was present and said he thinks he has participated in a lot of
"so -,called" raffles; and asked if the word "drawing" made a difference.
City Attorney McLean said you can call it anything you want to; if
the police are informed, they would be arrested; Council is not going
to go on record approving something that is illegal.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Reid„ resolutions be presented to
Council by title only* Carried by unanimous vote.
RESOLUTION NO. 11,136, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AMENDING RESOLUTION NO, 10,891 ADOPTING THE NATIONAL.
CITY CIVIL SERVICE RULES AND REPEALING ALL OTHER RESOLUTIONS IN CON-
FLICT THEREWITH." Moved by Pinson, seconded by Camacho, Resolution
No. 11,136 be ad pted, Carried by unanimous vote.
RESOLUTION NO, 11,137,,"RESOLUTION GRANTING SPECIAL FACILITY USE
PERMIT WHICH AUTHORIZES THE SA S OF BEER TO NATIONAL CITY COMMUNITY
RODEO ASSOCIATION, INC." Moved by Waters, seconded by Camacho,,
Resolution No. 11,137 be adopted. Carried by the following vote, to
wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan.
RESOLUTION NO. 11,138, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO
PURCHASE REAL PROPERTY ON DIVISION STREET (MIGUEL PORRAS AND SUUIE
PORRAS)." Moved by Reid, seconded by Pinson, Resolution No, 11t138
be adopted. Carried by unanimous vote.
RESOLUTION NO. 11,139, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (ESTHER RAMIREZ) . " Moved by Camacho, seconded by Reid,
Resolution No, 11,139 be adopted. Carried by unanimous vote.
RESOLUTION NO. 11,140, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES (DIVISION STREET)." Moved by Reid, seconded by Waters,
Resolution No, 11,140 be adopted, Carried by unanimous vote.
RESOLUTION NO. 11,141, "RESOLUTION APPROVING LOT SPLIT (TENTATIVE
PARCEL MAP) AT 2140 GRANGER AVENUE (JOHN P. WATSON)." Moved by
Pinson,, seconded by Camacho, Resolution No. 11,141 be adopted.
Carried by unanimous vote,
RESOLUTION NO. 11,142, "RESOLUTION APPROVING LOT SPLIT (TENTATIVE
PARCEL MAP), SOUTH SIDE OF 6TH STREET, WEST OF PALL. AVENUE (LLOYD
NEELY )." Moved by Reid, seconded by Pinson, Resolution No. 11,142
be adopted, Carried by unanimous vote.
RESOLUTION NO, 11,143, "RESOLUTION AUTHORIZING EXECUTION OF OFFER
TO PURCHASE REAL PROPERTY FOR DIVISION STREET RIGHT-OF-WAY (DOROTHY
L. KANE)." Moved by Reid, seconded by Waters, Resolution No, 11,143
be adopted, Carried by unanimous vote.
RESOLUTION ND* 111144, "RESOLUTION APPROVING FINAL MAP FOR McMILLIN'S
BONITA PARK UNIT NO. 1, ►► Moved by Waters, seconded by Camacho,
Resolution No. 11,144 be adopted. Carried by unanimous vote.
RESOLUTIQJ NO, 11,145, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP
AND GRANTING A PLANNED RESIDENTIAL UNIT DEVELOPMENT PERMIT PURSUANT TO
ORDINANCE 1077 (NO. 58 JCHN C. NOBLE COMPANY, :REGENCY ACRE r , 702
8/7/73
116
'Rt AVENUE)." Moved by Camacho, seconded by Reid, Resolution No,
111145 be adopted, Carried by the following vote, to»wit: Ayes:
Camacho, Pinson, Reid, Waters. Nays: Morgan,
RESOLUTION NO. 11,146, "RESOLUTI CN ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT (McMILLINfS BONITA PARK UNIT NO. 1)." Moved by Pinson,
seconded by Reid, Resolution No, 11,146 be adopted, Carried by
unanimous vote,
RESOLUTION NO. 11,147 (See page 121)
RESOLUTION NO, 11,148 (See page 115)
INTRODUCTION OF ORDINANCES
Moved by Camacho, seconded by Reid, the ordinances be presented to
Council for first reading by title only„ Carried by unanimous vote,
Ordinance No. 8/7/73-12 "An Ordinance Providing For The Licensing Of
Taxicab Drivers In The City Of National City By And Through The
Sheriff Of San Diego County,"
Ordinance No, 8/7/73«2, "An Ordinance Establishing Liability Of
Property Owners Relating To Sidewalk Maintenance,"
Ordinance No. 7/24/73.1, "An Ordinance Amending Ordinance 962, Zoning
Ordinance Of The City Of National City, By Amending Section 2 Of
Ordinance 1363 To Change Legal Description."
Vice Mayor Pinson spoke against Ordinance 8/7/73«.1,
City Attorney McLean pointed out that Ordinance No. 7/24/73-1 is
listed in error on Council agenda; it should have been listed under
Introduction of Ordinances instead of Adoption of Ordinances.
ADOPTION OF ORDINANCES
Moved by Camacho„ seconded by Waters, this ordinance be presented to
Council by title only. Carried by unanimous vote,
Moved by Pinson, seconded by Waters, Council eliminate the Ordinance
No. 8/7/73-•1 on the Introduction of Ordinances for the licensing of
Taxicabs by the County, Motion failed by the following vote, to -wit:
Ayes: Pinson, Waters, Nays: Camacho, Reid,, Morgan*,
ORDINANCE NO, 1376 ( 444.2 ), "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALI-
FORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." Moved by Pinson, seconded
by Camacho, Ordinance No, 1376 ( 4//2.•2) be adopted, Carried by
unanimous vote.
8/7/73
117
REPORT OF CITY ATTORNEY None.
APPROVAL OF BILLS AND PAYROLL
BILLS AUDITED BY THE FINANCE COMMITTEE were presentedS
General Fund
Traffic Safety
Capital Outlay
Park
Retirement
Gas Tax No. 2106
Revenue Sharing
Sewer
Total
$ 26,138.15
2,895.81
113,960.00
1,528.79
13,056.26
29.14
38,400.00
1,368.22
$197.376.37
Moved by Camacho, seconded by Reid, these bills be paid and warrants
drawn. Councilman Waters questioned Mr. Osburn in regard to Bird,
Fujimoto and Fish fees for the Public Works project. Carried by the
following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan.
Nays: None.
PAYROLL AUDITED BY THE FINANCE COMMITTEE for the period ending 7/31/73
in the amount of $134,,148,84 was presented. Moved by Camacho, seconded
by Reid, payroll be approved. Carried by the following vote, to -wit:
Ayes: Camacho, Pi ns on , Reid, Waters, Morgan. Nays: None.
UNFINISHED BUSINESS
A communication from the PLANNING DEPARTMENT in regard to the Planning
Commission's recommendation application for deferral of sidewalk
installation at 2119 "B" Avenue (Agnes D. Olson) be denied and stat-
ing the Planning Commission action was based on the City Engineer's
comments and recommendation was presented, Moved by Morgan, seconded
by Reid, in favor of the Property Owner's request and rule against the
Plannin Commission that she not at this time be told to ut in her
curb and sidewalk. There was discussion. Carried by unanimous vote.
A PLANNING DEPARTMENT transmittal in regard to the PLANNING COMMISSION
recommendation "Plan C" be adopted regarding the Right -of -Way and
design characteristics on La Siesta Way . 18th Street to 20th Street,
stating this matter was referred to the Planning Commission by the
City Engineer to review the alternative street designs prepared by the
City Engineer and that the Planning Commission's selection of "Plan
C" was based upon good traffic flow and accessibility and the CITY
ENGINEER'S report on basic cost, except for the northerly 132' of La
Siesta Way and Exhibits "B" through "G" were presented. Moved by
Morgan, seconded by Reid, we accept Exhibit "B" for this street,
There was discussion. Moved by Waters, seconded by Pinson, this item
be laid over for a week. Carried by unanimous vote.
8/7/73
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NEW BUSINESS
CONSENT CALENDAR items L (a) Communication from S.D. County Water
Authority stating the attached Metropolitan Water District letter
advised they intend to prorate water billing during August to provide
for rate increase which will become effective August 12; (b) Communib
cation from the Resources Agency of California reporting the State has
established a new procedure for review of environmental impact reports
and stating the provisions of the new procedures; (c) Memos from the
City Clerk listing communications received from: Executive Director
of CPO in regard to Joint Powers Agreement, Amendment No. 1; Assembly-
man Deddeh acknowledging receipt of resolutions on AB's 1324, 1409 and
1410; County Tax Collector in regard to tax deeded property eligible
for tax sale after July 2, 1973; Herbert R. James appealing Planning
Commission's recommendation of denial of his requested zone change on
property located at 1129 East 16th Street and 1532-34 "L" Avenue; U.S.
Army Corps of Engineers giving notice of: (1) S.D. Unified Port
District's application for permit to construct a fixed pier at Harbor
Master's Pier on Shelter Island„ (2) application by Loch Crane &
Assoc. for approval of an existing fill on Crane's property fronting
on Tijuana Estuary at 1355, 1365, 1375, 1399 and 1401 First St.,
Imperial Beach, (3) application of S.D. Unified Port District for a
permit to replace 40 wooden fender piles at the Broadway Pier and to
replace 188 wooden fender piles at various locations along "B" St.
Pier, Broadway Pier and the Tenth Street Terminal, San Diego; City of
Chula Vista transmitting a copy of their Resolution No. 6933, "Urging
the League of California Cities to adopt recommendations for reciproc-
ity between the retirement systems of all governmental agencies in the
State to sponsor and endorse legislation which would urge all inde-
pendent retirement systems to become contracting members of the Public
Employees Retirement System of the State of California;" Minutes of
the regular meeting of July 10 of the Board of Port Commissioners;
Eighth Biennial Report of the Dept. of Navigation and Ocean Develop-
ment for year ending June 30, 1972; State Board of Equalization's
first quarter 1973 report on Taxable Sales in California; (d) Notice
of hearing before the Public Utilities Commission in the matter of the
application of S.D. Gas & Electric Co. for authority to increase its
rates for natural gas, Application No. 54076 on August 15, State Bldg.,
San Diego; (e) City of Vista's Resolution No. 73--86, "Calling on S.D.
County Board of Supervisors to distribute revenue sharing funds to
cities in said County; (f) Letter from Congressman Van Deerlin ack.
nowledging receipt of Resolution No, 11,116, "Urging the U.S. Congress
to take steps to alleviate gas shortage;" (g) Minutes of the regular
meeting of the Street Tree and Parkway Committee on July 19 and City
Manager's recommendation they be approved and filed; (h) Minutes of
the regular meeting of Park and Recreation Advisory Board of July 12
and the City Manager's recommendation they be approved and filed; and
(i) A copy of letter from MAAC to the Alcoholic Beverage Control
Board requesting a one -day beer license on August 18 for fund raising
purposes were presented, Ordered filed by unanimous vote.
The LEAGUE OF CALIFORNIA CITIES' Legislative Bulletin of July 23 and
the City Manager's recommendations thereon was presented. Moved by
Morgan, seconded by Reid, the City Manager's recommendations be
uproved. Carried by unanimous vote.
A memo from the CITY ENGINEER stating three TAX DEEDED PARCELS listed
in the attached letter from the COUNTY TAX COLLECTOR to the City Clerk
would be of benefit to the City was presented. Moved by Waters,
seconded by Camacho, it be filed. Moved by Morgan, seconded by Reid,
the motion be amended to include that the Cit bu all three •arcels.
8 7 73
119
There was discussion. Amendment to motion carried by the following
vote, to..wit: Ayes: Camacho„ Pinson,, Reid, Morgan. Nays: Waters,
A communication from the Executive Director, COMPREHENSIVE PLANNING
ORGANIZATION, in regard to regional development alternatives and the
priorities for regional goals and objectives and stating the Executive
Director would like to discuss the impact of two alternatives with the
City Council at the regular Council meeting of September 11 and
further requesting Council to identify their priorities and forward
them to the CPO staff was presented, Moved by Pinson, it be filed.
Died for lack of second. Moved by Morgan, seconded by Waters, the
CPO re uest be ranted., Carried by unanimous vote.
The application of R. TONTINI,
24th St., for refund of $25.00
Department's recommendation of
Camacho, seconded. by Reid,
unanimous vote.
ELECTRO..MOLD AND CASTINGS, 835 West
PERFORMANCE BOND and the Engineering
approval were presented. Moved by
the refund be approved. Carried by
A communication from SAN DIEGO TRANSIT CORPORATION stating they have
developed a formula for spending some of their advertising budget in
National City and would like to discuss how they can best promote
transit in the City was presented. Moved by Reid, seconded by Morgan,
h te Ci Mana er take care of this. Carried by the following vote,
to -'wits Ayes ; Camacho, Reid, Morgan, Nays: Pinson, Waters.
(The City Attorney left the Council Chambers.)
A memo from the Director of Parks and Recreation stating the SENIOR
CITIZENS would like to hold a rummage sale at the CASA, proceeds to
be used to purchase card tables for their use,stating and he would
grant them permission if the City Council does not object was presented.
Moved by C.Amacho,, seconded by Reid, in favor of the Senior Citizens'
rummage sale, Carried by unanimous vote..
An Application for premises to premises transfer of OFF..SALE GENERAL
LIQUOR LICENSE by FREDERICA S. AULDRIDCE, dba LA MORENA LIQUOR STORE,
from 2246 National Avenue to 110 East 30th Street, and the Police
Chief s s statement there are no legal grounds for protest were prey.
s en ted, Moved by Camacho, seconded by Reid„ it be filed„ Carried
by the following vote, to..wit : Ayes: Camacho, Pinson,, Reid, Waters.
Nays: None, Abstaining; Morgan.
The request of MRS. EDWIN P. JOHNSON, 2324 MELROSE ST., for removal of
a tree in front of her house and the repair of her sidewalk and the
City Manager's statement the item was referred to the Street Tree
Committee on July 31 were presented, Ordered filed by unanimous vote.
The request of MR, and MRS. JAMES F. STORY for an encroachment permit
for steps and handrail at their home at 640 "Q" Avenue and the City
Engineer's recommendation the encroachment be approved subject to
removal upon notification of the City Engineer were presented. Moved
by Waters, seconded by Reid, in favor of the Story'a request* Carried
by unanimous vote,
The Application for ORIGINAL OFF..SAI.E BEER AND WINE LICENSE by the
DOUGT,S OIL CO. OP CALIFORNIA, dba AZTEC, 1540 East 8th Street and
a letter from the Police Chief stating the Planning Director reports
that the sale of alcoholic beverages does not appear to be permissible
under Ordinance unless the Planning Commission determines otherwise
and recommending the application be protested until such determination
is made were presented. Moved by Pinson, seconded by Camacho, he
application be protested. Carried by unanimous vote*
A STEP INCREASE for MARY ANN BAKER, Library, approved by the City
Manager and the City Librarian were presented. Moved by Camacho,
seconded by Reid, in favor of the step increase. Carried by unanimous
vote. 8/7/73
120
(The City Attorney returned to Council Chambers.)
The request of WEST COST RADIATOR CO. to lease and fence City. -owned
property north of their property at 105 West 18th Street, fenced
property to be shared jointly by Brown Motors and West Coast Radiator
and the fence to be installed by West Coast Radiator, was presented.
Moved by Waters, seconded by Morgan„ in favor of West Coast Radiator
and the City Manager be authorized to set up an agreement. Carried
d
by the following vote, to --wit: Ayes: Camacho, Waters, Morgan, Nays:
None, Abstaining: Pinson, Reid.
The request of LOCH CRANE & ASSOC . , AIA, to be considered for the
rendering of architectural services on the addition to and the remod..
eling of CASA DE SALUD was presented. Loch Crane was present and said
he prepared schematic drawings for the Casa and all work he has done
to date will be given to the Chicano Federation and requested Council's
consideration of his services as the architect for the remodeling.
Moved by Morgan, seconded by Reid, City crews draw the plans for the
Casa. Mr. Crane expressed his opinion that it would be less costly
to let an architectural contract for the project. Motion carried by
unanimous vote. Mr,. Crane requested his plans now held by the City
be returned to him.
The request of the NATIONAL CITY COMMUNITY RODEO ASSOC., INC. for
waiver of the rental fee for the use of the Kimball Community Building
on September 6, 7:00 p.m. was presented, Moved by Waters, seconded by
Camacho, the request of the Rodeo Association be approved. Carried
by unanimous vote.
The request of the FIESTA CLUB, ORDER OF THE EASTERN STAR, for waiver
of business license fee to hold a rummage sale August 23-25, at 1406
Highland Avenue, proceeds to be used for benevolent projects was pre-
sented, Moved by Camacho, seconded by Reid, the request be granted.
Carried by unanimous vote.
REPORTS
CITY MANAGER OSBURN reported receipt of a claim from DIAMOND CAB and
recommended it be denied and referred to the City Attorney. Moved by
Reid, seconded by Waters, the claim be denied and referred to the
City Attorney. Carried by unanimous vote.
CITY MANAGER OSBURN requested permission to go to bid on the chip
sealing of about sixteen blocks and the sealing and sanding of approxi-
mately twenty-eight blocks all in the northeastern section of the City.
Moved by Camacho, seconded by Reid, the City Manager's request be
approved. Carried by unanimous vote.
CITY MANAGER OSBURN reported the designs for the Recreation Building
have almost been completed by the Engineering Dept. and in view of
action at the last Council meeting asked if Council wished to hire an
architect. Moved by Waters, seconded by Reid, the City Staff's plans
for the recreation building be the plans and we go to bid on the
construction. Carried by unanimous vote. �.
CITY MANAGER OSBURN reported receipt of notice of public hearing before
the Coastal Commission August 10 on application for nuclear power
plant to be constructed at the northwest corner of Camp Pendleton.
CITY MANAGER OSBURN reported receipt of notice of public hearing before
the Army Corps of Engineers August 22, 7:30 p.m., National City Civic
Center on a dredging project in San Diego Harbor to 35/ and providing
a turning basin at the 24th Street Terminal, Moved by Morgan, seconded
by Reid, we 20 on record in favor of this project. Carried by unani-
mous vote.
CITY MANAGER OSBURN reported receipt of notice of public hearing in
8/7/73
121
the matter of alternative water quality control plans at the State
Bldg., San Diego, on August 27.
CITY MANAGER OSBURN requested permission to hire Don Rose, Environ-
mental Planner, on a ninety day basis pending examination, as a
replacement for Ron Enz who will be leaving the City. Moved by
Camacho, seconded by Waters, in favor of the City Manager's request .
Carried by unanimous vote.
The Flanning Department report the Planning Commission recommended
denial of Zone Change ZC-.9-.73 (to rezone from R-.1, Single Family
Residence, to R.4 Multiple Family Residence, the property located at
1129 East l6th Street and 1532-34 "L" Avenue) and the appeal of the
owner of said property, Herbert R. James, 425 Montclair St., Chula
Vista, were presented. The City Clerk said she set a hearing on this
matter for 8:00 p.m., Tuesday, August 28, Moved by Waters, seconded
by Reid, the hearing be set for August 28 in regard to the property,
at 1129 East 16 St,. Carried by unanimous vote*
A Planning Department transmittal in regard to a tentative parcel map
(LOT SPLIT 12.73) northwesterly corner of 10 Street and R Avenue
(Tanaka) and stating the Planning Commission recommended approval of
a two.lot split with "A" as one lot and "B" and "C" as a separate lot
combined and for continuing the hearing for the "B" and "C" parcel to
allow applicant to go through the variance procedure for "C" was
presented, Planning Director Gerschler indicated there was some
urgency in Council's approval of the lot split, Moved by Waters,
seconded by Camacho, in favor of the Planning Commission's recommen-
dation. Carried by unanimous vote* The City Attorney said he had a
resolution to present. Moved by Camacho, seconded by Waters, the
Resolution be read by title., Carried by unanimous vote.
RESOLUTION NO. 11,147, "RESOLUTION APPROVING LOT SPLIT LS-12.73
(TENTATIVE PARCEL MAP) - NORTHWESTERLY CORNER OF 10TH STREET AND =R:
AVENUE." Moved by Waters, seconded by Reid, Resolution No. 110.47 be
adopted, Carried by unanimous vote.
PLANNING DIRECTOR GERSCHLER made an oral presentation of plans for
the proposed PARADISE MARINA, displaying maps, and showing colored
slides; the proposed marina would be in the area of the Paradise Creek
Slough and would require dredging for a boat mooring basin, Mr. Ger.
schler said Council had copies of the sixty page report his staff
prepared on Paradise Marina. Mr. Gerschler suggested that if Council
was interested in proceeding, a qualified ecologist be hired and also
an economic consultant, and then Council should decide what kind of
agency Council wants to get involved in; if the project were started
immediately it would take five years; financing was not the problem;
engineering and design were the problems. Mr. Gerschler outlined
various methods of financing, etc., Moved by Morgan, seconded by
Camacho, this be turned over to the Manager on the finance and ecology
and we adopt it as a permanent plan_for theiC ty and take it to the
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Port District to adopt as a master plan and the Manager will tell
Council what he needs and Mr. Watts and any .art of his staff get
involved. Carried by unanimous vote. Mr. Gerschler said the plans
before Council tonight were the result of two years' work by himself
and his staff; Mr. Dee Reed, a PEP employee had put in many hours on
the report; when Mr. Reed was terminated under the PEP program he
continued to work on the report without pay and he asked that
Council recognize Mr. Reed for his efforts.
COUNCIL COMMUNICATIONS
COUNCILMAN WATERS asked the City Manager about plans for future
undergrounding of utilities; new monies will be coming up and they
should be used. City Manager Osburn said there are plenty of projects.
8/7/73
122
COUNCILMAN WATERS asked the City Attorney about the resolution re.
garding elimination of property taxes for senior citizens.
COUNCILMAN CAMACHO reported on the meeting of the Mexico Sister City
Association in Norwalk saying the group took favorable action on the
Council's resolution urging the 24 hour border crossing at Tecate,
VICE MAYOR PINSON said he was under the impression the Mayor s s office
was pretty busy, but when the Mayor was on vacation for two weeks he
wasn't called on once to represent the City.
MAYOR MCRGAN inquired of the City Manager about adding the completion
of the parks to the tree bond measure to be on the November ballot,
The Mayor asked the City Manager to estimate the cost of completing
the parks„
MAYOR MORGAN reported that Lorenz Ruehle, Citizens Advisory Committee
for Community Development recommended the addition of ad hoc members
to the committee and said he would appoint the following persons with
the approval of the Council: Housing and Recycling, Mrs, Teddy Tafoya,
826 Ethel Place; Environmental Management, P. George James, 1424 "J"
Ave.; Land Use and Circulation, Thomas Maguire, 839 Ethel Place;
Impact Assessment Process, Michael Dalia,, 1020 "C" Ave,; Transporta-•
tion, Mrs. Edith Sherman, 930 "B" Ave.; Open (any topic not listed),
William Sarati, 1929 "J" Ave. Moved by Waters, seconded by Morgan,
these people be appointed as recommended, Carried by unanimous vote.
MAYOR MORGAN called an Executive Session for discussion of personnel
and litigation at 10:33 p.m.
The City Council reconvened at 10:49, Council members present:
Camacho, Pinson,Reid, Waters, Morgan. Council members absent: None.
Moved by Camacho, seconded by Reid, the meeting be closed., Carried
by unanimous vote. The meeting closed at 10:50 p.m.
Cit,r Clerk
ity of Natio - City, California
The foregoing minutes were approved by the City Council of the City
of National City at the regular meeting of August 14, 1973.
No corrections
Corrections as noted below
Mayor,ational City, California
8/7/73