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HomeMy WebLinkAbout1973 12-04 CC MIN248 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 4, 1973 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Foster, Gerschler, McLean, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with a salute to the flag led by Assistant City Manager Stenberg followed with invocation by Debra Whitlock, Parish Lay Reader, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, for approval of minutes of the regular meetings of November 20 and November 27, 1973 with a correc- tion to Resolution No. in Paragraph 6, Page 238 Lreads Resolution No. 11,225 -- should be Resolution No. 11,224). Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS DON JONES, 2120 Valle Vista Avenue, National City, was present, representing the National City Jaycees, and invited everyone to attend the National City Junior Miss Pageant on Saturday, Dec. 8, at 8:00 p.m. at the National City Junior High School; there will be 8 girls participating; refreshments will be served. Mr. Jones added from June 12, through June 20, 1974, San Diego will be hosting the United States Jaycees 1974 Convention; there will be approximately 15,000 Jaycees from throughout the United States present; there will be around three million dollars in revenue; it would be an excellent time for the City to have a display for their hospitality suite at the El Cortez Hotel, if the City would like to advertise National City. Mayor Morgan asked Assistant City Manager Stenberg to check into this. Mayor Morgan told Mr. Jones someone would be in touch with him in this regard. BERNARD L. KREGER, 516 East 24th Street, National City, was present and requested help to accelerate a program important to him; there is a crippled child who has difficulty getting aboard a bus (Mel Crossley, 2635 East 4th Street, his son suffers from multiple sclerosis, a severe case); he knows everyone hates red curbing; Mrs. Henderson who drives the bus that picks this lad up must stop in the middle of the street to get him; the proper- way to do this is to put it on the agenda and Wednesday, Dec. 12, it will go before the Traffic Safety Committee; he would like to see this program accelerated; he has been requested to make this request by the Veterans of this City who he represents. Mayor Morgan said that is on the Traffic Safety agenda for next Wednesday; it will be taken care of very shortly. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. 12/4/73 249 RESOLUTION NO. . 11,229, "DEDICATION STREET PURPOSES (Paradise Drive)." Resolution No. 11,229 be adopt d. RESOLUTION NO. 11,230, "RESOLUTION TO HOLD PROPERTY AS ONE PARCEL AND Moved by Waters, seconded by Reid, Carried by unanimous vote. OF CITY OWNED PROPERTY FOR PUBLIC Moved by Reid, seconded by Waters, Carried by unanimous vote. ACCEPTING COVENANT AND AGREEMENT DIRECTING THE RECORDING THEREOF." Resolution No. 11,230 be adopted. Resolution No, 11,231, "Resolution Adopting Map Showing Exterior Boundaries of Assessment District (17th Street, Lanoitan Avenue to Rachael Avenue, Assessment District No. 158)." The reason for pre- sentation of the resolution was questioned. LEWIS W. VAUGHN, 3031 East 18th Street, was present and asked what they are going to do with that power plant down there sitting in the middle of it and that Councilman's house on the other half...on Newell and 17th; Mr. & Mrs. Sellar are old people, the plans are to go right through their house. Mayor Morgan assured Mr. Vaughn that (he has not looked at the plans) they will get a street through there if the 1911 Act goes through. Mr. Vaughn asked where the 1911 Act came in. Mayor Morgan said he has no idea as to how this got on the agenda. Mr. Vaughn said he knows nothing about it. Councilman Waters asked which councilman owns that house? Mr. Vaughn said he did not know; that is what he ,was told. Moved by Waters, seconded by Pinson, this be laid over for one week and staff check this out and ive him a report on it...a thorough investigation as to who instigated that and what brought this on the agenda (amended motion). There was discussion. LES STOCKRIDGE, 2541 18th Street, was present and said he lives on 18th Street; he is interested in this street too; he would like to know how come it is there and why it is needed for three blocks; they have an alley through there to get to the back of their property anyway; he would like to be notified if Council proceeds with this. Motion carried by unanimous vote. City Attorney McLean said he would pass Resolutions 11,232, 11,233 and 11,234 Resolution No. 11,232, "Resolution Adopting Plans and Specifications (17th Street, Lanoitan Avenue to Rachael Avenue, Assessment District No. 158)." Resolution No. 11,233, "Preliminary Determination of Legislative Body under /Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931' (17th Street, Lanoitan Avenue to Rachael Avenue, Assessment District No. 158)." Resolution :No. 11,234, "Resolution Approving Report and Fixing Hearing Date (17th Street, Lanoitan Avenue to Rachael Avenue, Assess- ment District No. 158).'!] as they relate to the same 1911 Act Improvement. RESOLUTION NO. 11,235, (see page 256). Mayor Morgan recognized former City employee, Mr. Cronk, in the audience and asked Asst. City Mgr. Stenberg to explain a hoped for increase in retirement pay for Mr. Cronk and Mr. Webb. Asst. City Manager Stenberg said his office contacted the PERS branch office in Los Angeles; they were told that all those employees who retired prior to December 31, 1970, were authorized a 5% cost -of -living raise; however, any employee, Police, Fire, miscellaneous departments, who retired after that date were covered under an annual cost -of - living review by the Retirement System; that particular review is under the control of the Retirement System and is conducted in April of each year; in order to take in individuals or specific groups of individuals, the City Council, according to the Retirement System, would have to petition the State legislature to amend Retirement law; it would have to be approved by the State legislature and then these particular individuals or groups of individuals could be granted a special cost -of --living increase; however, as the State law stands the Retirement System itself reviews this each year and de- termines whether the cost -of -living increase is warranted. Mayor Morgan asked Mr. Crank to come and talk with Mr. Stenberg to see 12/4/73 250 what could be worked out and perhaps we can make a recommendation to the State legislature. REPORT OF CITY ATTORNEY .. None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 4,444.54 Traffic Safety 1,628.04 Park 422.37 Retirement 13,367.51 Sewer 32.17 Total $19,894.63 Moved by Waters, seconded by Pinson, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS A memorandum to the Director of Parks and Recreation from Assistant City Manager Stenberg regarding the RECREATION PROGRAM AT GRANGER JUNIOR HIGH SCHOOL and requesting a report to indicate how the amount of $1,170, estimated cost of implementation of program, would be secured within the present budget and the Parks and Recreation Director's memorandum stating that to absorb the additional program at Granger waild require deletion of program elsewhere, which they would prefer to avoid if possible, and listing the activities that would be covered in the proposed program were presented. Assistant City Manager Stenberg said at the last Council meeting on November 27, Council approved adding a recreation program to Granger Junior High School; at that time, a question was raised as to how this would be financed; the Director of Parks and Recreation has reported that they will be able to handle this as follows: the program will be made possible (1) through the lowering of the number of weekly hours from 20 to 18, (2) by the inclement weather we have had causing the cancellation of some activities and limiting of hours and (3) by having less of an expense than anticipated in connection with the school swim program this year; the Dir. Parks and Recreation esti- mates that without exceeding his budget he will be able to add this program based on those three occurrences; at this time, we do not have the $1,170 but by the end of the fiscal year they think they will be able to absorb this amount. Ordered filed by unanimous vote. UNFINISHED BUSINESS The Assistant City Manager's memo regarding CASSETTE RECORDING AND TRANSCRIPTION SYSTEM inquiry and recommending the budgeted funds in the General Appropriations Account 506 be utilized for the purchase of one cassette recorder and two cassette transcribers to be used by Planning and Civil Service Commissions and for office use, and the Planning Director's memo in this regard were presented. Mr. Sten- berg said at the pre -Council conference there was a comparison presentation of the Cassette Recording and our present Gray Audograph disc system; Council has a report from the Assistant City Manager's office and a report from the Director of Planning indicating the cost and type of equipment that is proposed. Moved by Pinson, seconded by Waters, we buy this units the Cassette recording unit. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. A communication from the NATIONAL CITY CHAMBER OF COMMERCE recom- mending: consideration be given to (1) including in next budget, funds to provide left -turn signals on Highland Avenue from 4th Street 12/4/73 251 to 24th Street, (2) either a temporary signal be placed at 35th Street and National or that reserve police officers be used during peak traffic hours to direct traffic; the City Engineer's memo stating TOPICS study recommended signals at Highland Avenue be interconnected and brought up to current design standards and this would include left turn arrows where warranted; a permanent signal has been approved for 35th Street and National Avenue and the Police Chief's memo giving his comments and stating he concurred with both recommendations were presented. There was discussion of funding and alternate means of handling the problem at 35th and National until funding was available. Mr. Stenberg said the traffic signals are presently being designed for 35th and National; at such time as the design work is completed, we will report that back to Council and if there are available funds (estimated $17,000) , they will report that at that time; if there are no funds available they will report that also; the consideration of the left turn signals on Highland from 4th to 24th Streets probably should be referred to the Traffic Safety Committee for them to make recommendations. Moved by Morgan, seconded by Reid, the Manager's recommendation be approved. There was further discussion of priorities, use of gas tax or TOPICS monies. Mr. Stenberg pointed out that the City Manager's Capital Improvement Advisory Committee is meeting Friday, December 7, to review the priorities of all projects funded in this year's budget, that money has been approved by Council; they will be reporting, through the City Manager, to the Council probably sometime toward the latter part of December on a list of priorities for these currently funded jobs; at that time, Council may wish to substitute or change priorities. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. The Mayor's memo regarding ENCROACHMENT AT SOUTHWEST CORNER OF 18TH AND LANOITAN and a drawing of the area were presented. Moved by Morgan, seconded by Reid, this encroachment be allowed and the City Attorney be authorized to draw up a contract that this will be removed in case the City needs this portion of their land. There was discussion in regard to engineering violations existing on the property and why an occupancy permit had been, issued without a final engineering inspection. LESTER STOCKRIDGE, 2541 E. 18th Street, was present and said the driveway they want him to fill in is now being used by the telephone company; they have a public phone booth on that corner now; the other area they want filled in is now being used for an engine room driveway. It was suggested Mr. Stockridge write a letter asking this be put on the Planning Commission's agenda and explain this situation to them so the violations can be cleared up. Motion failed by the following vote, to --wit: Ayes: Reid, Morgan. Nays: Camacho, Pinson, Waters. Mr. Stenberg was requested to inform Mr. Stockridge what must be done...reevaluate his situation out there and give him some instructions as to which way to go and bring it back on the agenda as quickly as possible. HEARINGS The HEARING to consider AMENDMENTS TO OFFICIAL ZONING MAP TO ESTAS-- LISH C-3 ZONING on the properties at the southwesterly corner of 30th Street and Highland Avenue, designated "KEEGAN, ET AL ANNEXA- TION" (ZC-17-73) was held at this time. The Planning Department transmittal stating the Planning Commission recommended C-3 zoning be established on this property and to allow the continued use of the two properties involved as they have been in the past was pre- sented. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Use District Hearing are on file. Planning Director Gerschler said Council has the transmittal giving the Planning Commission recommendation that this zoning be approved; the zoning will be consistent with the General Plan and allow the continued uses of the properties involved; the recent annexation of 12/4/73 252 the property to the City, the County Zoning C-1 and the City's C-3 zoning is very nearly the same. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and that the official zoning map to establish C..3 zoning on the properties at the southwester) corner of 30th Street and Hi bland Avenue be approved and all stipulations of staff be adhered to. Carried by unanimous vote. The HEARING on APPEAL of the Planning Commission recommendation of denial of AMENDMENT TO THE ZONING MAP TO REZONE FROM C-3-A to R-4 THE "ASSEMBLIES OF GOD" PROPERTY north of Plaza Boulevard, South of 9th Street and between "M" and "N" Avenues (ZC•-14-73) was held at this time. The Planning Department transmittal stating: (1) the Planning Commission recommended the zone change not be approved; (2) the present zoning and General Plan designations for this property are in agreement; they both call for commercial use; (3) the applicant asks for "residential"use and contends that "commercial' is impractical and (4) the burden of proof rests on the applicant; and a communication from Seltzer, Caplan, Wilkins & McMahon, Attorneys representing the Assemblies of God Church, requesting a hearing were presented. City Clerk Campbell stated the Publication Certificate & Affidavit of Mailing Notice of Hearing are on file; no protests have been received, however, two of the mailings were returned unclaimed. Planning Director Gerschler said the General Plan shows commercial uses; the zoning map shows commercial uses; applicants applied to the Planning Commission for an amendment to the General Plan to show Residential Multiple Family uses; that application was denied by the Planning Commission; applicants also requested a zone change request to change the existing commercial zoning to R-4; the Planning Commission has transmitted to you their recommendation for denial of that request. DON WORLEY, 3003 Fourth Avenue, San Diego, was present and said he is appearing as Attorney for the Assemblies of God Church, the owners of the property located between "M" and "N" Avenues and north of Plaza Boulevard and south of 9th Street; they are requesting a change in the General Plan designation for this property to show multi -family residential to show a density of 16 to 30 dwelling units per acre and rezoning of the property to R-4; it is presently zoned C-3-A; after reviewing very Carefully all of the possible development alternatives for the particular piece of property, they have reached the conclusion that the General Plan designation of commercial and that the zoning should be changed to multi -family and are therefore requesting this for the following reasons: the property basically is totally unfeasible and totally useless as a commercial piece of property and secondly, multi- family residential as an alternative use will present the possibility of a very attractive development to residential on this particular parcel which would be significantly lower in density than apartment dwellings surrounding it in the neighborhood. Mr. Worley distributed plot plans to the Mayor, Members of Council and staff. (City Attorney McLean left Council Chambers at 8:25 p.m.) Mr. Worley said the property is approximately 1.4 acres; you will notice that the main commercial thoroughfare which is Plaza Boulevard has a bowling alley, Blue Chip Stamp store and a Sizzler, a steak house adjacent to Plaza Boulevard; this particular piece of property does not lie adjacent to Plaza Boulevard; if the property is to be successfully used as commercial property it would have to orient to Plaza Boule- vard; it is important to note that the only other alternative location would be to 8th Street which is approximately 500 feet; this would make it wholly unfeasible as a commercial property if it were to orient in that direction; it must of necessity, to be useful at all as commercial property, orient and have access to Plaza Boulevard; there, gentlemen, is the rub; they have contacted the owner of this property on several occasions and they state unequivo- cally they will not first of all purchase this property to be integrated with their commercial property and secondly, they will not give access or sell access over their property Plaza Boulevard; 12/4/73 253 this property is virtually land locked; it has no access to Plaza; it is very reasonable to assume that you will find looking at this evidence that this property is totally, totally useless and unfeasi- ble for commercial development which puts this property owner and ultimate developer in an untenable position. Mr. Worley continued this property was zoned R-4 in 1958, in 1970 Mrs. Smith, who owns a nearby property, applied for a rezoning of her property to C-3-A; the Planning Commission decided to include a greater area in the rezoning including this 1.4 acres belonging to the Assemblies of God Churchatthattime,C-3 zoning did permit the construction of apartments at that particular time; there was no reason for the Planning Department, the Planning Commission or even Council to question the feasibility or the wisdom of such a rezoning because it did include apartments; they are confident that had the Planning Commission and had the Council known what it knows now, namely, that eventually apartments would be prohibited from commercial zones, they would not have at that time rezoned this property from its property zoning R-4 to commarcial as it would have rendered this property useless; it is useless as a commercial piece of property; to view it from the other side, which is what they are requesting Council to do today, is the possibility of this property being used as a multi -family designation; it is quite compatible with the uses in surrounding areas and compatible with its zoning history where the property was zoned R-4...(City Attorney McLean returned at 8:30 p.m.) Mr. Worley said they are requesting a change to the General Plan designation to show a high density designation; this would allow 16 to 30 dwelling units per acre; this change would be at the very low end of the density which exists in this area; nearby properties are built from 25 up to 72 dwelling units per acre in density; they are asking for a change which will allow them to build at the very low end; the maximum number of dwelling units planned would be equivalent of 23 per acre which is lower than any of the apartment houses developed in the vicinity; they have prepared and presented to Council and staff a sample plot plan showing what they feel to be reasonable development of this property; he does not know if Council has this in the files but (Mr. Worley displayed the plot plan and pointed out some of the features of this development this specific development plan is not before you tonight for your approval but it is important to present a reasonable development of this property, what would be a profitable development; when you figure in the parking ratio and so forth, this is not only the maximum but also the minimum number of units could be developed on this property and meet all the requirements and still have an attractive development complex and one that is economically feasible; there is a total of 32 dwelling units in four structures on the property; this is the equivalent of 23 dwelling units per acre; this is lower than any of the densities existing in the area; the develop- ment is family oriented and includes 12 one -bedroom units, 16 two - bedroom units and 4 three -bedroom units, all contained in the four buildings; one of the interesting features of this plan is designated by the green shaed area; there is approximately 28,000 sq. ft. of open space which can be used for recreation; the total required under the site plan ordinance for open space is 8,800 sq. ft., well over three times the required open space. Mr. Worley said Council is concerned, as it should be concerned, with the quality of construc- tion; what kind of units would go in on this particular piece of property; the Assemblies of God, because this property is now excess, do not have any development plans themselves for the property for expansion of Church facilities, of necessity, to raise funds, the Church must sell the property; it is important to note that Mr. Leonard Greaser, a reputable, well known builder in the City of National City, is interested in this property and is very close to making a deal with the representatives and agents of the Assemblies of God Church; this is the assurance that they give to Council that it is highly likely that a very attractive development will be built on this particular property if Council agrees that the proper 12/4/73 254 designation is multi --family, high density and that the proper zoning is R-4. There was discussion. Planning Director Gerschler said he could verify what Mr. Worley has said; he has properly represented the case; the report his office made to the Planning Commission did not contain a specific recommendation for a zone change; it is correct and reliable that the commercial zoning for this property is not realistic; they did not argue with the Planning Commission nor were they prepared to submit to Council a specific recommendation for change; you have a number of choices; R-4 is not the only choice; as was indicated on their transmittal, they feel the burden of proof rests on the applicant to show that R-4 is the best zoning and that commercial is not proper; he agrees that commercial is improper; he feels commercial is simply unrealistic under the circumstances; he feels it is correct and reliable that the zoning of this property is not realistic. There was further discussion in regard to assur- ances the property would be developed in accordance with the plot plan displayed, the possibility of R-4-PD zoning, and density. Mr. Greaser, was present in the audience and said he could live with plans displayed. No one else was present in this regard. Moved by Waters, seconded by Pinson, the hearing on the appeal of the Planning Commission's recommendation be closed and the zoning' map be amended to rezone from C-3-A to R--4-PD and the General Plan be amended to show multiple family usage the Assembly of God property North of Plaza Boulevard and all stipulations of staff be adhered to amended motion). City Attorney McLean said he did not know that Mr. Greaser had anything to do with this property; his name has been mentioned; he has had a business relationship with Mr. Greaser; it has nothing to do with this particular real estate. Motion carried by unanimous vote. NEW BUSINESS CONSENT CALENDAR: (1) City Clerk's memo reporting receipt of notices from Department of Army, Corps of Engineers: (a) applica- tion by Dr. Robert Beauchamp, 2000 East Bay Avenue, Newport Beach, for permit to remove broken block wall, construct a concrete bulkhead wall to extend to U. S. Bulkhead Line and to place approximately 400 cu. yds. of fill in Newport bay; (b) application by Huntington Harbor Corp., Huntington Beach, for permit to install docks at Huntington Harbor; (2) City Clerk's memo reporting receipt of letter from Disttict Clerk, San Diego Unified Port District, stating Chair- man of County Board of Supervisors and Mayor of San Diego made informal presentation before Port Commissioners regarding proposed governmental restructuring study for San Diego County and inquiring if such a presentation had been planned by National City (copy of District Clerk's letter attached); (3) City Clerk's memo reporting receipt of notices from Department of Army, Corps of Engineers: (a) application by Exxon Corporation, Los Angeles, for renewal permits to continue exploratory drilling operations on Outer Conti- nental Shelf off Santa Barbara County; (b) intent to issue a permit on 12/18/73 to California State Lands Commission to remove upper portion of shipwreck and dump this portion in Pacific Ocean and to fill remaining portion with sand, etc.; (c) application by Mr. Warren J. Mattox, Parker, Arizona, for permit to construct bulk- head at ordinary high waterline in Bluewater Lagoon Subdivision within Colorado Indian Reservation; (4) Letter from San Diego County Water Authority stating the Authority's Second San Diego Aqueduct, Pipeline #3, from Maramar Reservoir to its termination at Otay Reservoir, will be removed from service beginning 12/16/73 for a period not to exceed seven days. Moved by Pinson, seconded by Camacho, item 2 be taken separately and the remainder of the Consent Calendar be approved and filed. Carried by unanimous vote. City Attorney McLean said it is his understanding the District Clerk has written a letter telling us that Mayor Wilson and the Chairman of the Board of Supervisors met with that board and made a presentation and the Clerk is asking if that presentation/made to us or is such a 12/4/73 255 presentation planned for us; he suspects the answer to the question by the Port District is, "we don't know;" the presentation has not been made and he is not aware of any arrangements for it to be made. Moved by Pinson, seconded by Camacho, this be referred back to the City Manager's office and 2ive Council a detailed report on it and, what he plans to do about it. Carried by unanimous vote. The City Clerk's memo regarding the opening of SEALED BIDS for DRAINAGE MATERIALS - 31st Street and National Avenue, Spec. No. 783 reporting the following bids were received: Armco Steel Corporation $4,958.80; Pacific Corrugated Culvert Company $5,023.20; and Kaiser Aluminum Corporation $4,146.86 and alternate bid of $4,987.62 was presented. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting notice inviting sealed proposals are on file; one of the bidders is in the audience. City Engineer Foster said he made a recommendation, however, it did not get on the agenda; after reviewing the bids, his office recommended that the corrugated aluminum pipe, undipped, be accepted for this job; they advertised for corrugated iron dipped; this is a material only job and it is a temporary installation; it will be by-passed if and when the flood channel is put down in the Sweetwater River which is tentatively scheduled in about two years; in reviewing the material, he feels that undipped aluminum will do the job. There was discussion in regard to the quality of undipped aluminum1specifications and whether or not the other bidders were advised they could bid on alternate materials. JACK McGEOUGH, representative of Kaiser Company, was present and said he picked this ad out of the "Green Sheet" and called the City Engineer and told him Kaiser had a good product; he said he would like to have a bid on it from us; this was two days before the bid opening; he came down and gave him a brochure spent about two minutes of his time and so forth; he is familiar with Kaiser's product; he called Mr. Foster the next morning and said he did not know about bidding; he had looked this thing over and it is dipped one way...and let him out of it; he had as soon not bid; the City Engineer said to him that he would like to have the Kaiser bid; he gave the Engineer brochures to pass along to Council; he has furnished this material to the Cities of Oxnard, Ventura, Santa Barbara and others; at Lompoc, this has been in for approximately 9 years; they have pictures of it in the brochure. There was further discussion. City Attorney McLean said he thinks you have to take bids that respond to the specifications; he understands the bid in the amount of $4,146.86 did not respond to the specifications; you have an alternative of rejecting all bids. Moved by Waters, seconded by Reid, to re-ject all bids and readvertise. City Attorney McLean said there is no requirement in the State law that you buy materials by soliciting sealed bids; you can negotiate the purchase of materi- als unless the materials are to be used as a part of a Public Works project; as he understands from the Engineering office, the materials in this case are not a part of our Public Works project; you did advertise for bids; the call for bids had a set of specifications for the materials; as he understands the facts the material here was not in the call for bids and the other bidders were not solicited to provide undipped material. Motion carried by unanimous vote. A communication from Richard J. Huff, Secretary of the Comprehensive Planning Organization transmitting REVISED AMENDMENT NO. 1 to the JOINT POWERS AGREEMENT which was approved by the CPO Board of Directors and requesting member agencies to pass a resolution approving this amendment and the City Clerk's memo in this regard were presented. Assistant City Manager Stenberg said this matter was brought to the City Clerk's attention by the Comprehensive Planning Organization and unless Councilman Reid has some additional comment to make, it is recommended that Council approve the amendment to the agreement; this does not affect the City of National City; it affects the charter cities only. Moved by Reid, seconded by Camacho, Council approve this. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. 12/4/73 256 The Planning Director's memo giving comments and recommendations regarding CPO "Initial Coastline Study and Plan" and the Planning Department's memo, dated August 14, 1973, Subject: CPO "Coastal Area Planning and Management Policies Report" were presented. Councilman Reid said he would move that this be approved but he would like some comment from Mr. Gerschler. Planning Director Gerschler said he transmitted to Council his staff analysis on the effect of the CPO Initial Coastline Study and Plan on National City; in making his analysis, he considered such things as the Paradise Marina project and other land use decisions that the City Council has considered within the last two years; he considered also the adopted land use policy statement by the City of National City which reflects Council's desires for the choices in developing the remain- ing available industrial and commercial property within the waterfront district; his report and recommendation includes specific policy positions which Council could take which he feels, in his opinion, would be helpful to CPO if the CPO is trying to develop a coastal plan that will be responsive to the needs and desires of the member cities in San Diego County; he truly feels that the recommendation he had made will be helpful and meaningful; it will help CPO in making a broader and more meaningful plan; he thinks that it will be helpful to Mr. Reid in representing the City's position, if Council concurs with the recommendations made; it will be helpful to him for Council to adopt the resolution that is before you to- night; it will give him the best possible support. Moved by Camacho, seconded by Reid, this resolution be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,235, "RESOLUTION OPPOSING PARTS OF THE COMPREHEN- SIVE PLANNING ORGANIZATION 'INITIAL COASTLINE STUDY AND PLAN.'" Moved by Camacho, seconded by Reid, Resolution No. 11,235 be adopted. There was discussion. Moved by Pinson, seconded by Waters, the motion be amended that we pull out of CPO and take our money away from them and give them no more. Mayor Morgan said he is not in favor of this; we didn't create the money they use; the SB 325 bill provided the money they use. (City Attorney McLean left Council Chambers at 9:20 p.m.) There was further discussion. (City Attorney McLean returned to Council Chambers at 9:23 p.m.) Amendment to motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. REPORTS ASSISTANT CITY MANAGER STENBERG said the Comprehensive Planning Organization has scheduled a meeting at 9:30 a.m. Monday, December 10, in the Town and Country Convention Center; each of the Council members has received an invitation and is urged to attend. ASSISTANT CITY MANAGER STENBERG requested approval of Council to negotiate with the City of Chula Vista for a renewal of the present Dog Pound contract. Moved by Camacho, seconded by Reid, in favor of the City Mana.er's recommendation. Carried by unanimous vote. ASSISTANT CITY MANAGER STENBERG reported that Tuesday, December 25 and Tuesday, January 1 are Council meeting dates as well as holidays. Mayor Morgan said usually around Christmas and New Years there is not much coming in; if it does come in and the Manager wants a meet- ing, he will call a special meeting of the Council. There was discussion. Moved by Waters, seconded by Camacho, in favor of the Mayor's recommendation.. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. PLANNING DEPARTMENT TRANSMITTALS regarding request for VARIANCE from provisions of the zoning ordinance to permit a fence height of 6' within the exterior side and rear yard setbacks at 605 E. 6th St. 12/4/73 257 (Leticia Camacho) stating the Planning Commission recommended approval with a systematic review within 5 years and the fence be maintained in good order and repair and no bad effects will result, and public health, safety and welfare will not be interfered with were presented. Moved by Waters, seconded by Camacho, in favor of the Planning Com- mission's recommendation. Councilman Camacho said he is in no way related to Mr. or Mrs. Camacho. Carried by unanimous vote. THE PLANNING DEPARTMENT TRANSMITTAL regarding APPLICATION FOR DEFERRAL OF PERMANENT PAVING for one-half the street width at 900 Palm Avenue (PALM PLAZA APARTMENTS) stating the Planning Commission recommended the application be approved and the Planning Director's statement that Commission action was based on the City Engineer's recommendation, subject to two conditions: (1) developer install temporary pavement in this area to take care of existing conditions until such time as the street is improved and (2) subject street will be improved using gas tax money in the near future was presented. Moved by Camacho, seconded by Waters, in favor of the Planning Com- mission. Carried by the following vote, to -wit: Ayes: Camacho,� Pinson, Reid, Waters. Nays: Morgan. COUNCIL COMMUNICATION COUNCILMAN WATERS congratulated the City Manager for taking the initiative and turning out the lights and saving energy like Council suggested. COUNCILMAN WATERS asked Mr. Stenberg to handle a problem at Shelby Shoes on Highland Avenue; since the San Diego Federal built there, cars pull up along the street by Shelby's drive blocking it off so they cannot get into their establishment. COUNCILMAN WATERS said he has a request from a lady at 2435 "L" Avenue; they are having a lot of problems in their neighborhood; they desire a street light; the name is George Ormond. COUNCILMAN WATERS asked to have referred to the Traffic Safety Com- mittee a problem at 16th and E near the school; there is no crosswalk and the neighbors there have reported that three times in the last week some children were almost hit and one child was shoved up on top of a car. Moved by Morgan, seconded by Pinson, Council turn this over to the Traffic Safety Committee. Carried by unanimous vote. COUNCILMAN WATERS spoke in regard to the Euclid Avenue and 13th Street project; we obtained right-of-way on top of 13th Street on the hill and now he understands that the school children and so forth are coming down that open area there; there seems to be a lot of trouble between them and the people who live there, throwing rocks, this type of thing; the people on the hill want that area blocked off until the City is ready to complete that street; and asked Mr. Sten- berg to contact Mrs.Sims at 13th Street, phone No. 477-7723, and see if something can be worked out. Mayor Morgan asked Mr. Stenberg what he has worked out on that. Mr. Stenberg said he was contacted by Mrs. Sims today and met with her; he went up to 13th Street and looked at the area that he mentioned; school children are coming along the future right-of-way of Euclid and apparently having rock fights and so forth along that area; Mrs. Sims wondered if the City could fence off the right-of-way or do something to prohibit the children from playing in the area; she is afraid of broken windows, etc.; they have not yet arrived at a cost for fencing the area nor have they come up with a recommendation. Councilman Waters asked if that would be ready next week. Mr. Stenberg said yes. COUNCILMAN WATERS said during the rain, in the 3100 & 3200 block on East 19th Street, quite a few of the homes were flooded; he would like Mr. Stenberg to take a look; they claim it is because of work done by the City. 12/4/73 258 COUNCILMAN WATERS said he had a request for a 4-way stop at 4th St. and Harbison; the traffic is very heavy. Moved by Waters, seconded by Camacho, it be referred to the Traffic Safety Committee. Carried by unanimous vote. COUNCILMAN WATERS said between 18th and 20th, on "I" Avenue he has received a complaint about some big holes in the street; that tele- phone number is 474-1082. COUNCILMAN WATERS thanked Mr. Stenberg for taking care of the flood- ing on 5th Street; Mrs. Wiseman was very happy about that. MAYOR MORGAN said he would like to appoint Mr. Richard Truxell, OD Arcadia (Phone 475-1558) to the Community Development Advisory Committee and also Joyce Bean, 1423 Calle Delgado (Phone 477-6591) to this Community Development Advisory Committee. Moved by Reid, seconded by Camacho, in favor of the Mayoras recommendation. Carried by unanimous vote. MAYOR MORGAN said we should have a roller in the Street Department for rolling patch work and smaller work in the streets; they are running a truck back and forth over it; he thinks a roller should be considered for the budget next year to eliminate these trucks running over those little spots. The Assistant City Manager said they do use rolling stock to patch pot holes and so forth rather than bring a roller out; however, they can look into this. MAYOR MORGAN said last Saturday afternoon he was honored to have Speaker Moretti call and make an appointment with him and come to his home at 3:00 with some of his staff; they went over several items pertaining to National City; that is the first time he has ever had the pleasure of sitting down and having a long discussion with the man; he is concerned with the people of National City; he asked many questions about National City and the people who live here; they discussed the Senior High Rise Building; he is thinking of proposing that the State guarantee loans on a Senior High Rise in the State of California; the State would not invest any money in it but they would guarantee the loan; he asked about senior citizens and the children and the facilities we had available in this city, just to get ac- quainted with National City; he also knew that we were working on saving the Court in National City; he will help Mr. Deddeh when he introduces this bill, we will have his full cooperation on getting this special bill through the legislature so we can save the court (legislation to provide when there is a Justice Court within the boundaries of any entire city in the State of California, the Justice Court will remain until the Council that represents the people in that community says they want to eliminate the Justice Court.) Moved by Morgan, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed a(t 9:40 p.m. �► a ,�—,. Cit1 Clerk ity of Nation City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of December 11, 1973. No corrections Corrections as noted below Mayor, Cit of Nat 1 City, California 12/4/73