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HomeMy WebLinkAbout1973 10-16 CC MIN197 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCI L OF THE CITY OF NATIONAL CITY, CALIFORNIA October 16, 1973 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Reid, Waters, Morgan. Absent: Camacho, Pinson. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev. Philip Larson, First Congregational Church. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meeting of October 91 1973 be approved* Carried by unanimous vote. Absent: Camacho, Pinson. PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read the proposed proclamation "United Nations' Day," October 24, 1973. Moved by Reid, seconded by Waters, this Proclamation be adopted* Carried by unanimous vote. Absent: Camacho, Pinson. Mayor Morgan presented the proclamation to Mr. Jones. MR, CHARLES R. JONES, member of the United Nations Association of San Diego, thanked the Mayor and Members of the Council for the proclamation and presented a United Nations flag to the Mayor to be flown over the Civic Center on United Nations' Day. ORAL COMMUNICATIONS RUBEN RUBIO, 1729 Cleveland, was present and spoke in regard to the real problem on the West Side: the possible relocation of the people and razing of their homes. Mr. Rubio outlined the history of the zoning on the West Side. Mr. Rubio inquired about the appointment of a lady who is not involved in the community and does not know the problems to a committee working on the General Plan;... the people who are involved, the community leadersjshould be appointed; people who will speak out in this regard should be appointed; people are asking him who is this lady? no one seems to know her; the City Council approved this appointment of this lady to represent the West Side. Mr. Rubio said the people who worked on the General Plan before, the leaders of the community, were not asked to be part of this; why did they appoint someone who kept quiet who had no information, someone who would not rock the boat? Mayor Morgan asked Mr. Rubio if he would be willing to serve and asked Planning Director Gerschler if the number of those serving is limited, can there be one or two other people on it? Planning Di- rector Gerschler said the Citizens Advisory Committee has a set limited number of members but the Council did recently appoint some ad hoc additional members for the single purpose of working on the General Plan update; unless the City Attorney has a reason, he can see no reason why this could not be expanded. Mr. Rubio said he would serve but the point is why this lady was appointed; she is not involved in the problems and if anything comes before the General Plan we can speak up as we did the last time. Mayor Morgan said he 10/16/73 198 would promise that if she is not there and there is someone who wants to serve, we will increase the committee; he will look into this and find out where she is and if she is not there he will get busy and appoint someone to fill the committee to take her place. There was discussion. Moved by Reid, seconded by Waters, Mr. Rubio be put on this committee. There was further discussion. Carried by unanimous vote. Absent: Camacho, Pinson. Moved by Morgan, seconded by Waters„ these people on the West Side be informed there are no intentions of having an urban renewal in among the homes on the West Side. Carried by unanimous vote. Absent: Camacho, Pinson. Mayor Morgan said he has set up a meeting in the Chambers here, October 18th at 6:00; Mr, Reid and he have visited every home on the West Side; we have talked and taken our time to talk with these people out there; we found that they pretty well understand what the City intends to do, the policy of the City. ROY MEREDITH was present and said he is with Sweetwater High School and President of the Quarterback Club and introduced the Vice Presi- dent of the National City Quarterback Club, Barbara Strahan, who is also Pancake Breakfast Chairman. BARBARA STRAHAN said the Pancake Breakfast is coming up the 28th of October in the Community Building from 7 to 11 in the morning; she gave complimentary tickets for Council and Staff members and their wives. Mr. Meredith thanked each of the Council for their past support of the Quarterback Club, particularly allowing them to use facilities at El Toyon Park and Kimball Park building and for their generous donations; he said each Councilman would be presented a plaque as a small token of their appreciation when all are present. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Reid, Resolutions be presented to Council by title only, Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO. 11,184, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF TWENTI ETH , TWENTY-F I RS T , AND TWENTY- SECOND STREETS, BETWEEN HIGHLAND AND =Ls AVENUES; PORTION OF /II AVENUE BETWEEN TWENTY --FIRST AND TWENTY-SECOND STREETS, ' J I AVENUE BETWEEN TWENTIETH AND TWENTY-SECOND STREETS." Moved by Reid, seconded by Waters, Resolution No. 11,184 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO. 11,185, "RESOLUTION RESCINDING RESOLUTION NO. 11,179 RELATING TO PROPERTY LOCATED AT THE NORTHWESTERLY CORNER OF 24TH STREET AND NEWELL AVENUE IN NATIONAL CITY TO REFLECT SUBSEQUENT ACTION OF CITY COUNCIL." Moved by Waters, seconded by Reid, Reso- lution No. 11 L18 5 be adopted. Carried by unanimous vote, Absent: Camacho, Pinson, RESOLUTION NO. 11,186, "RESOLUTION OPPOSING THE DELETION OF ROUTE 252 CONNECTING HIGHWAY 805 WITH INTERSTATE 5." Moved by Reid, seconded by Waters, Resolution No, 11.186 be pdo►pted. Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO. 11,187, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182) ." Moved by Waters, seconded by Reid, Resolution No. 11,187 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO,. 11,188, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Reid, seconded by Waters, Resolution No. 11,188 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. 10/16/73 199 RESOLUTION NO. 11,189, "RESOLUTION OF INTENTION (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Waters, seconded by Reid, Resolution No. 11,189 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 11,190, "A Resolution Approving Amendment to the General Plan (GP-2-73) to Provide for Residential Usage and Assign a Density Limit to the Property Located at the Northwesterly Corner of 24th Street and Newell Avenue in National City." City Attorney McLean said this matter was first acted upon by Council last week and then their action was rescinded for reconsideration this week. Planning Directer Gerschler said the issue here is the people wanted to submit plans for R-4 and they didn't know what density to design their plans for since the General Plan shows this as a park; they came to you and requested medium density residential and apparently after hearing that was approved and then rescinded; the City Council would now have to include in the resolution that is before you a specified density limit; it is approximately one-half acre; at the moment no residential units would be allowed at ail because it is shown on the General Plan for park purposes; the Planning Commission's recommendation was medium density residential which is a spread of 15 or 30 units per acre which is as he recalls 14 units on the lot. There was discussion. Moved by Waters, low density be recommended for that area M 7 to 15 units; that would mean a maximum of 8 to go on it. Motion died for lack of second. There was further discus- sion. City Attorney McLean said the resolution would allow you to apply a density on the property; if you don't do that they can build anything that complies to development criteria for R-4. The City Attorney said the title of the resolution was read, if there is no motion to adopt or defeat, he would suggest it be filed. Moved by Waters, seconded by Reid, this item be filed. Mayor Morgan asked what this would mean? City Attorney McLean said this means that this property is zoned R--4 without any density control on it so what would be allowed is the maximum development for the basic R--4 ordinance. There was further discussion. Carried by the following vote, to -wit: Ayes: Reid, Waters. Nays: Morgan. Absent: Camacho, Pinson. RESOLUTION NO. 11,191, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES BETWEEN THE CITY OF NATIONAL CITY AND THE STATE BOARD OF EQUALIZA- TION." Moved by Reid, seconded by Waters, Resolution No. 11,191 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO. 11,192 (see paragraph 3, page 205). ADOPTION OF ORDINANCES Moved by Waters, seconded by Reid, these ordinances, be presented to Council for second readinab LS4 1e__only. Carried by unanimous vote. Absent: Camacho, Pinson. ORDINANCE NO. 1389 (aG/ 3r 2 -4) , "AN ORDINANCE APPROVING THE ANNEXA- TION OF CERTAIN UNINHABITED TERRITORY DESIGNATED r KEEGAN, ET AL ANNEXATION? TO THE CITY OF NATIONAL CITY (CALIFORNIA GOVERNMENT CODE SECTION 35310.1) AND AN INTERIM ZONING ORDINANCE TO ZONE SAID TERRITORY C-3, GENERAL COMMERCIAL." Moved by Reid, seconded by Waters, Ordinance No. 1389 (10/9/g3.1) be adopted. Carried by unanimous vote. Absent: Camacho, Pinson.. ORDINANCE NO. 1390 (1Q/9/72,---) , "AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATION." Moved by Waters, seconded by Reid, Ordinance No. 1390 (19/9/73-3) be adopted. Carried by unani- mous vote. Absent: Camacho, Pinson. 10/16/73 200 HEARINGS The HEARING to consider an AMENDMENT TO THE OFFICIAL ZONING MAP TO ADD FLOOD PLAIN OVERLAY (F-1 or F-2) ZONING to the previously approved prezoning to TCR-PD on proposed Bradley Annexation (ZC-•12- 73) was held at this time. City Clerk Campbell stated the Certificate of Publication and the Affidavit of Mailing Notice of Hearing are on file. The Planning Department transmittal stating: (1) the Planning Commission recommended approval of the City initiated zone change to prezone property on the proposed Bradley Annexation and that it be prezoned F-1 Floodway; (2) the recommended F-1 zoning is the most restrictive of the two flood plain zoning designations; (3) after engineering plans have been prepared by developers and approved by City Engineer, it may be possible to rezone some of this property from F-.1 to the less restrictive F-2 zoning and a communication from R. C. Bradley requesting the hearing be postponed to a later date in order to allow an engineering study to be made and stating he will notify Council when the studies have been completed were presented. Planning Director Gerschler said staff can see no objections to continuing it; they did not specify the time required; Council can continue it for 30 days if they want a further continuance, it can be continued again. No one was present in this regard. Moved by Waters, seconded by Reid, the public hearing on No. 1 Hearing on the F-1 and F-2 Flood Plain Zone be continued to November 20 1973 8:00 .m. in Council Chambers. Carried by unanimous vote. Absent: Camacho, Pinson. The HEARING to AMEND EXISTING ZONING REGULATIONS to provide regula- tions governing the OUTDOOR DISPLAY AND SALE OF MERCHANDISE in commercial zones (A-13-73) was held at this time. City Clerk Camp- bell stated the Certificate of Publication and Affidavit of Mailing Notice of Hearing are on file. The Planning Department transmittal stating: (1) the Planning Commission recommended accepting the recommendation of staff (to add to Section 9--A of Zoning Ordinance 962 a new paragraph 4, a and b, as listed) but limited to two times a year for three days; (2) the Planning Commission proposal allows all kinds of open-air uses customarily conducted outdoors which are listed; (3) it also allows other retail stores to have outdoor "promotional" sales for three days, twice a year; (4) sales lasting longer can be allowed by special action of Council was presented. Planning Director Gerschler said the Commission, during a recent zoning enforcement matter, reviewed the zoning regulations and found that this kind of outdoor sale was not allowed at all; they set up a hearing and after hearing from a number of merchants in the area and from the Chamber of Commerce, they found there was a need and a desire by many merchants to have some outdoor promotional sales occasionally; the Chamber of Commerce recommended to the Planning Commission that four such sales for a period of three days each be allowed each year; the Planning Commission accepted that recommenda- tion but reduced it to two such sales for a period of three days each year; if adopted, this proposed regulation would first clarify the existing regulations and secondly allow periodic promotional sales that are not allowed at the present time; a question was raised during the discussion during the hearings at the Planning Commission as to what affect this would have on such places as Montgomery Wards that has an outdoor shop; the provision that is recommended to Council tonight would allow the Council to qualify special action by approving a special permit to allow such shops when they are suitably designed and screened and maintained. No one was present in this regard. Moved by Waters, seconded by Reid, the public hearing on the Zoning Regulations to provide regulations ��/iYel61�Y YN ��/I IY��� governing the outdoor display and sale of merchandise in commercial zone A-13-73, be approved and all stipulations of staff be adhered to and public hearing be closed. There was discussion. Carried by unanimous vote. Absent: Camacho, Pinson. 10/16/73 201 The HEARING on Proposed Zone Change ZC -13- 73 to consider amendment to OFFICIAL ZONING MAP to rezone from C-2 (Limited Commercial) to C-.2-PD (Limited Commercial Planned Development) property at 1520 and 1538 Harbison Avenue was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Hearing are on file. Planning Department transmittal stating the Planning Commission recommended the Zone Change to rezone the property at 1520 and 1538 Harbison Avenue from C-.2 to C-2-PD be approved and that on July 24, 1973, an urgency ©rdinance was adopted placing property at 1538 Harbison Avenue under C-w24-PD zoning was presented, No one was present in this regard. Moved by Waters, seconded by Reid, the public hearing be closed and Zone Change ZC-13.-73 to amend to the official zoning map to rezone from C-2 to C-2-PD be approved and all stipulations of staff be adhered to. City Attorney McLean said he would like the record to show that one of the owners of the property, Harlan Christensen, and he have had a personal business relationship in the past; it is unrelated to this property; he has not discussed this zoning map with him. Mayor Morgan said Mr. Christensen is his brother-in-law. Carried by the following vote, to -wit: Ayes: Reid, Waters. Nays: None. Abstaining: Morgan, Absent: Camacho, Pinson. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said he described to Council at the Council Conference Meeting in some detail the use of property at 727 National Avenue by a business known as Eagle Furniture; according to the Staff reports, the operation violates a variety of City laws; his question is whether the Council desires to proceed against the property owners in the criminal court here or whether Council desires to file a civil suit and seek an injunction to stop this use of the property. City Attorney McLean said they understand very clearly that it is the City's position they cannot use this property in this manner; they apparently dispute the City's position. Moved by Reid, seconded by Waters, this be referred to the City_Attorney for action in a civil court to seek an injunction, Carried by unanimous vote. Absent: Camacho, Pinson. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $12,846.70 Traffic Safety 495.09 Park 734.85 Retirement 13,744,50 Gas Tax No. 2106 32,602.89 Drainage 324.70 Sewer 883.32 Total $61t632.05 Moved by Reid, seconded by Waters, these bills be paid and warrants drawn, Carried by the following vote, to -wit: Ayes: Reid, Waters, Morgan. Nays: None. Absent: Camacho, Pinson. NEW BUSINESS CONSENT CALENDAR: (a) Communication from U. S. Coast Guard acknow- ledging receipt of letter regarding proposed Paradise Marina and stating that the closing date of Coast Guard Public Notice 11-15 has been extended and additional comments can be subtitted no later than 10/19/73; (b) Communication from County of San Diego Law & Justice Agency stating the Judicial Council will conduct a survey (scheduled to start by early November) of the judicial districting in the South Bay area; (c) Items to be filed with the City Clerk: 1. Letter from San Diego County Water Authority, 2740 4th Avenue, 10/16/73 202 San Diego, dated 10/3/73, enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of 9/30/73; and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1973-74; 2. Cover letter from City Clerk attaching copy of communication from the Department of Army, Corps of Engineers, giving notice of application made by Los Angeles County Flood Control District for permit to construct ocean outlet for Storm Drain Bond Issue, Project #4050, Unit 2, near intersection of 26th Street and Hermosa Avenue, City of Hermosa Beach; (d) Advisory and Appeals Board Resolution No. 12 approving an appeal by GEMCO Department Stores relating to Items 6 and 8 of Resolution No. 10; (e) Citizens Advisory Committee for Community Improvement Agenda for October 18, 1973; (f) City Clerk's memo reporting receipt of City of San Diego Water Utilities Department Annual Financial Report, fiscal year ending 6/30/73; (g) City Clerk's memo attaching copy of notice that San Diego Gas & Electric Company had filed a Petition for Interim Rate Relief in Appl. Nos. 53945 and 53946 with California Public Utilities Commission to grant interim rate relief effective 11/1/73; (h) City Clerk's memo regarding notices received from the Army Corps of Engineers: 1. Application by Irvine Pacific Development Company, 610 Newport Center Drive, Newport Beach, for permit to construct and install ramp, etc.; 2. Application by Higson Construction Company, 19 Bay Island, Newport Beach, for permit to construct and install a pier, etc.; 3. Application by Mr. Briggs Cunningham, 343 Via Lido Sound, Newport Beach, for permit to remove existing dock,etc.; 4. Application by Mr. Vic Sherreitt, 912 E. Balboa Boulevard, Newport Beach, for permit to construct and install pier, etc.; 5. Application by Newport Beach, 3300 Newport Boulevard, Newport Beach, for permit for maintenance dredging of about 3,900 cubic yards of accumulated material in the Grand Canal, Balboa Island, Newport Beach; 6. Application by Long Beach, acting as agent for Mrs. Francis Johnson, 5489 Sorrento Drive, Long Beach, for permit to install fixed pier, etc.; 7. Notice of intent to issue on 10/25/73 permit to County of Los Angeles, for maintenance dredging of about 4,300 cubic yards of accumulated material and for grouting about 252 feet of breakwater near entrance of Basin III, King Harbor, Redondo Beach. Councilman Waters said he would like to take one item out of the Consent Calendar before it is approved; Item b, Communication from County of San Diego Law and Justice Agency stat- ing the Judicial Council will conduct a survey (to start by early November) of the judicial districting in the South Bay area; he has received quite a few comments throughout the community when this idea came up to where they are going to establish or possibly establish a court or close this one out here and establish one in the South Bay area from the public; he feels that Judge Menard is doing a fine job here; he would like to see the court be established here in National City since we have all the court facilities avail- able right now; he is in favor of Judge Menard staying on here (say on an evening shift, if necessary, he has to step aside during the day); we should be thinking about that when this San Diego Law and Justice Agency gets started; he favors Mr. Menard staying here; he thinks he does a wonderful job. Moved by Morgan, seconded by Waters, that we notify the County that we want the Justice Court to stay in National City as it has been in the past. City Attorney McLean said you might consider an alternative whether you want to pursue the establishment of a South Bay Judicial District for Muni- cipal Courts; the City population will be too large for a justice court. There was discussion. Carried by unanimous vote. Absent: Camacho, Pinson. Moved by Waters, seconded by Reid, to file the remainder of the Consent Calendar. Carried ' by unanimous vote.. Absent: Camacho, Pinson. A memo from the CITY CLERK and DIRECTOR OF PARKS AND RECREATION recommending the use of Kimball Hall for VOTE TALLY in April and stating that Mission Cable was contacted regarding the feasibility of closed-circuit television and if this proposal is approved, a 10/16/73 203 direct mass communication capability would be permanently installed between the Civic Center and Kimball Community Center and a communi- cation from Mission Cable Television, Inc., proposing the use of a closed circuit video system for vote tally in the April election and attaching a drawing of the area that would be involved were presented. Moved by Reid, seconded by Waters, this be referred to the City Manager for a report and see, in digging this ditch, how many utilities and things have to be moved and what the problem would be. There was discussion, Carried by unanimous vote. Absent: Camacho, Pinson. A letter from SWEETWATER UNION HIGH SCHOOL DISTRICT regarding Joint Powers and Use Agreement for installation of improvements on multi- use court facilities at Sweetwater High School, suggesting opening discussions on the possibility of developing agreement for installa- tion of lights and resurfacing improvements for nighttime recreational purposes and giving a rough estimate of the cost of construction for the City of $17,500 (a plat of the area attached) was presented. Moved by Waters, that we go along with the Joint Powers Agreement for Sweetwater High and that the City Manager work with them and send them a check for $17,500. Councilman Reid said he would second this on one condition; that we check and see if we have this check for $17,500. City Manager Osburn said there are two letters on the agenda from Sweetwater High; one is for $17,500 and the other is asking the City to put in the underground irrigation and help sod some acreage of ground; they don't say how much but it is figured about $7,500 per acre; they don't say how many acres; he thinks they said there were two or three at Granger and the rest will be at Sweetwater; he does not know/Why acres altogether. Moved by Morgan, seconded by Reid, these two items be filed. (Item 4 is a letter from Sweetwater Union High School District regarding City/District participation in installation of turf areas and sprinkler systems at two schools and the District Superintendent's statement they would like to reopen discussion for Granger and Sweetwater based on use of automatic systems and utilizing City and District personnel for wherever possible was presented). There was discussion. Motion carried by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Waters. Absent: Camacho, Pinson. STEP INCREASES for eligible employees: WILLIAM D. JONES, Building and Housing Department; DANIEL GRADILLAS, Fire Department; ROLF GUNNARSON, Planning Department; ROBERT N. CRAWFORD, JR., Police Department were presented. Moved by Reid, seconded by Waters, this be approved. Carried by unanimous vote. Absent: Camacho, Pinson. A letter from SAVINGS AND LOAN CLEARING ASSOCIATION of San Diego County enclosing their resolution opposing Sierra Club Slow Growth Ordinance (resolution and ordinance attached) was presented. Moved by Waters, seconded by Morgan, this item be filed. Carried by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Reid. Absent: Camacho, Pinson. A letter from LYNN R. TURNER, 2944 East 16th Street, regarding PROPERTY AT 1733 ORANGE STREET and stating the City recently obtained this property and he would like to place a bid on it or discuss a price was presented. City Manager Osburn recommended it be referred back to him. Moved by Waters, seconded by Reid, Item 7 be referred back to the City Manager for the prone' action. Carried by unanimous vote. Absent: Camacho, Pinson. The City Clerk's memorandum giving a report on bid opening for TOPICS PROJECT at 8th and Palm, 18th and D, 16th and Palm, stating the following bids were received: Griffith Company -- $146,412.20, R. E. Hazard Contracting Company -- $144,762.00, and T. B. Penick and Sons -- $154,476.96 and the City Engineer's memorandum 10/16/73 204 recommending the bid of R. E. Hazard Contracting Company, low bidder, in the amount of $144,762.00 be accepted and awarded subject to FHWA concurrence and that all other bids be rejected were presented. City Clerk Campbell stated the Certificate of Publication and Affi- davit of Posting are on file. Moved by Reid, seconded by Waters, in favor of the Engineer's recommendation. Mayor Morgan said this includes at 18th and "D"...he owns an old home there and he will not vote on this. Councilman Reid said maybe he should clear up some- thing here; he just lives down the street two blocks and he understands now it is being changed and is going down "D" and it is going to come down 18th, "D," "B," over to 16th and maybe its going to go in front of his house; perhaps he had better not vote then. City Attorney McLean said the test of conflict of interest is whether you receive some direct financial benefit as a result of the action. Moved by Waters, this be put on the agenda for next week. Motion died for lack of second. City Manager Osburn said this award is subject to the approval of the FHWA; that is who we are getting part of the money from. There was further discussion. Carried by unanimous vote. Absent: Camacho, Pinson. A communication from the NATIONAL SCHOOL DISTRICT requesting the City to install a 2-.inch asphalt, 30-ft. wide street on the south side of 14th Street, running from "N'T to end of the curbing installa- tion was presented. Moved by Waters, seconded by Morgan, in favor of National School District's request. Carried by the following vote, to -wit: Ayes: Waters, Morgan. Nays: None. Abstaining: Reid. Absent: Camacho, Pinson. A letter from RONALD L. BALLARD, Right -of -Way Agent, recommending the City purchase Truxell property at the northeast corner of 10th Street and "R" Avenue and he be authorized to open escrow to con- clude the purchase and stating the Engineering Department has determined that this property must be purchased for street improve- ments in 1911 Act Assessment District 161 (drawing of the area attached), and a letter from RICHARD P. TRUXELL agreeing to purchase price of $10,000 were presented. Moved by Reid, seconded by Morgan, in favor of Mr. Ballard's recommendation. Carried by unanimous vote. Absent: Camacho, Pinson. A communication from EMILIA DE PUGH, 1725 "L" Avenue, requesting that UNIVERSAL GREAT BROTHERHOOD be permitted to work in National City and the LICENSE COLLECTOR'S recommendation this request be denied were presented. No one was present in this regard. Moved by Waters, seconded by Reid, this request be denied. Carried by unanimous vote. Absent: (ame cho, Pinson. REPORTS CITY MANAGER - None. The PLANNING DEPARTMENT transmittal regarding application for ZONE VARIANCE NO, Z-7-73 at 1420 SHERYL LANE (Fred Scott) stating the Planning Commission recommended a variance be granted provided an adequate fence, approved as to design by staff, is constructed from a safety standpoint on the southerly side of the property was pre- sented. Moved by Waters, seconded by Reid, in favor of the Planning Commission's recommendation that Z-7-73 at 1420 Sher 1 Lane be approved. Carried by the following vote, to -wit: Ayes: Reid, Waters. Nays: Morgan. Absent: Camacho, Pinson. The PLANNING DEPARTMENT transmittal regarding application for LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 59 at 1538 Harbison Avenue (U-»TOTEM MARKET) and stating the Planning Commission recom- mended the application be approved subject to nine conditions as recommended by staff and suggesting Council approval include Choice #7-•1 (A 610" high masonry wall above masonry retaining wall) which 10/16/73 205 was agreed upon by the adjoining property owners was presented. Moved by Waters, seconded by Reid, in favor of the Planning Com- mission regarding the application for a limited commercial planned development permit No. 59 at 1538 Harbison, Carried by the following vote, to -wit: Ayes: Reid, Waters. Nays: None. Abstaining: Morgan.. Absent: Camacho, Pinson. City Attorney McLean said you will recall he told you about his relationship with the owner of the land. The PLANNING DEPARTMENT transmittal regarding Local Agency Formation Commission resolution approving proposed annexation of territory to City of National City (National Center Annexation - South Side of Sweetwater Road east of Edgemere Avenue) and recommending that Council adopt a resolution giving notice of proposed annexation and instruct the City Clerk to set the matter for public hearing was presented. Moved by Reid, seconded by Waters, the resolution be read by title only, Carried by unanimous vote. Absent: Camacho, Pinson. RESOLUTION NO. 11,192, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEX- TION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'NATIONAL CENTER ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Reid, seconded by Waters, Resolution No. 112,192 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. The CITY TREASURER -FINANCE DIRECTOR'S FINANCIAL STATEMENT for the MONTH ENDING SEPTEMBER 30, 1973 was presented. Ordered filed by unanimous vote. Absent: Camacho, Pinson. COUNCIL COMMUNICATIONS COUNCILMAN WATERS inquired about progress on the new Rec Hall; a year has gone by again; how are we doing? when are we going to be able to start to break ground? City Manager Osburn said the Engineers are now writing the specifications on the building and asked City Engineer Foster to give the time schedule on this. City Engineer Foster said a little more time is required on the specifi- cations; he is not sure they have all the information; the mechanical engineer engaged to work on this died; this delayed the project several weeks; they are back on the ball now; expect to get it out in a week or two. COUNCILMAN WATERS said he has received quite a few complaints in the last six or seven months in relations to smoking in the Council Chambers; he is guilty himself; some of the Senior Citizens who were attending these meetings and others said it got so smoky they could not even breathe sometimes in the Council Chambers here; either the blower system is not working too well...the air conditioning or something...maybe that is the problem; they asked he present to Council the possibility of not allowing smoking in the Council Chambers; what do you guys think of that? COUNCILMAN WATERS said he has been asked to have the City Manager look into the area between 24th and 30th, about 6 blocks; the residents in that area feel they don't have the right fire protec- tion; he would like the City Manager to refer this to the Fire Department; they would like at least one fire plug installed in that area; they say they have no fire plugs in that whole area. City Manager Osburn said that is being checked out now. COUNCILMAN WATERS said he would like to refer this item to the Traffic Safety Committee; the Mary J. Cafe, 1930 Cleveland Avenue, would like to have on the west side, two-hour parking; cars are parked there and there is no way the people can use that are to park and eat in the cafe; he would like that referred to the Traffic 10/16/73 206 Safety Committee. City Manager Osburn said it has been referred to them. COUNCILMAN WATERS said Daniel Samudo, is in the Punt, Pass and Kick contest competition; this young fellow is 11 years of age, from Las Palmas School, and is still participating and winning in the National Punt and Pass and Kick contest sponsored by the Ford Motor Company; he won the local competition held in the City; he went on and won the County competition on October 6; the following week he won the competition against competitors from the Southern California area; his next competition is November 18 during half time at the Charger game; if he is successful, he will go on to Miami Beach to the semi- finals and possibly on to the Super Bowl; he thinks a young man like this should have our personal mention. MAYOR MORGAN said he has a letter from a person living at 28th and "J" and they are requesting a 1911 Act to be instigated by the Council on 28th Street between Highland and "J," and on "J44 Avenue between 26th and 28th; this is a well traveled street and yet it is in horrible condition; they are asking for Council to instigate a 1911 Act on these four or five blocks of street. Moved by Morgan, seconded by Waters, we instruct the Engineers to prepare a 1911 Act on these streets. There was discussion. Carried by unanimous vote. Absent: Camacho, Pinson. MAYOR MORGAN said he received a letter expressing concern about more beer and wine in National City; they are putting a lot of these little hamburger stands up and down Highland Avenue; now they are corning in and they want to put in a beer license on the corner of 14th and Highland; that place has been vacant; fish and chips were in and now they are out; now they want beer and wine; we are going to have so many beer and wine places it is just going to be redicu- lous; if Council don't take a firm stand and oppose some of these beer licenses; this gentleman is asking us to do it; it has not come before the Council but they have a sign in the window "beer & wine"; what are we going to do when we get one after another in every one of those hamburger stands up and down the streets; this is something to think about; we are making an image for the City; he hopes Council will oppose this when it comes before Council. Moved by Reid, seconded by Waters, the meeting be adjourned to October 30, 19731 7:30 p.m. Carried by unanimous vote. Absent: Camacho, Pinson. The meeting closed at 8:40 p.m. City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 30, 1973. No corrections 1-1 Corrections as noted below C,'ty of National C ty, California 10/16/73