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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 8/7/73 112 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 8/7/73 113 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 8/7/73 114 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. 8/7/73 118 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 ��r���rri �w�rrr�rr rr�.�rr�+�rrrr��ywr 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