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HomeMy WebLinkAbout1972 04-04 CC MIN121 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 4, 1972 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: Caaacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Foster, Gerschler, McLean, Minogue, 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 Pastor Phillip Larson. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, m_eetinc of March 21 and the re ular meetin of March 28 be a roved. Carried by unanimous vote. COUNCIL COMMUNICATIONS the minutes of the adjourned joint VICE MAYOR WATERS said authorization of a week's extension for the carnival did the Servicemen's Center a world of good; they made $3,100 clear. VICE MAYOR WATERS said he would like to give them a weekly report on Grange Hall; through the Council's authorizing the use of tools, they have dug the complete foundation now and the blocks and cement will be delivered Thurs- day; in another week or two the hall should be down on its foundation; they are going to work on the roof next. VICE MAYOR WATERS said two or three months ago they discussed Mrs. Murphy's property on 13th Street; somewhere along the line the Council instructed the City Manager to negotiate with this lady and as yet he had not been out there. City Manager Osburn said Mr. Murphy informed them he would call when he wants them to come out; he called yesterday or the day before (he believed it was yesterday) and said he was still asking $40,000 for the property. BILL MURPHY, 2509 E. 13th Street, was present and said he had not been contacted by Mr. Osburn; the Assistant Manager contacted him and wanted to know how much he wanted because he wanted to put it in the budget. Councilman Hogue suggested they go back to the agenda; this was the time for Council Communications. COUNCILMAN REID asked the City Manager to check on the installation of the doors for the restrooms in the park. MAYOR MORGAN presented Kenneth Boulette a certificate for 2? years of servi, to the City. MAYOR MORGAN presented a plaque to Councilman Bill H. Hogue given in recog- nition of his eight years of service on the City Council. ORAL COMMUNICATIONS BILL MURPHY, 2509 E. 13th Street, was present and informed the City Manager he was called by the Assistant City Manager and his conversation with him was "how much do you want for your house; we want to put it in the budget for next year." Mr. Murphy said he told him he didn't know at the present time and he reminded him there was a year's moratorium; he had a letter from the City Manager, signed by him,, saying it would be the 7th of August, 1972 before he would be approached. There was discussion. 4/4/72 122 Mayor Morgan told Mr. Murphy to call the Manager and if he wanted him (Mayer) there, he would be there at any time, day or night. DONALD O. WI LLIAS , Vice President and General Manager of Mission Cable TV, 4752 Allied Road, San Diego, was present and gave a brief review of th#e Cable TV situation in National City; new FCC rules and regulations became effective March 31 and the FCC now dictates to the entire cable television industry some of the followings broadcast signal carriage, program exclusivity (which means that the copyright owner program could be excluded from carriage on the system for a period of time) also, they were going to be regulating the use of non -broadcast channels, the capa- city of the cable systems and technical standards; the Commission also includes federal, state and local relationships with the new rules; basically, they established a dual system of regulations; the Commission: has established certain criteria for franchising but regulatory aspects remain with the local franchising authority; also included in the new rules is a certification process; the cable operator cannot begin opera- tions until a certificate has been granted; Mission Cable TV filed for such a certificate to operate in National City March 15 and they anticipate that will be acted upon very timely. Mr. Williams said in anticipation of some relief, Mission began pre -engineering in October of 1970; in early February following more positive action on the Commission's part, they commenced construction in National City; as of larch 29 Mission has con- structed 44.2 miles of strand and actual cable in San Diego County on poles pre -cleared by San Diego Gas & Electric and the Pacific Telephone Co.; 43.6 of those miles are in National City, Mr. Williams displayed a map showing the miles of cable installation. City Manager Osburn reported he and the City Attorney met with Mr. Williams; also he contacted South- western Cable TV Co. on Garnett Avenue, Pacific Beach; they informed him they would not be interested in the remaining area in National City or be in competition with another company; he assumed from that that no company would; however, the Dyna-Cable Co. called this afternoon and they would be intested in serving a portion of National City; he believed Mr. Ruthen- berg was present tonight in this regard; he also talked to the Gas & Electric Co.; they have informed him they have done quite a bit of work on their poles already to accommodate cable TV and that cable TV must stay at least 6' away from the supply conductor and if guard arms are installed they must stay a distance of 4'; generally where two cable TVs are in one area, the second company must install an arm and place their cables on the end of the arm; there are many poles now existing that would have to be changed should two companies be allowed in one area to give sufficient clearance for all of the supply conductors. The City Manager said he thought this was a matter that would add considerably to the cost of the TV companies; Mr. Williams did state that any privileges allowed to any other city within their system would be granted to National City. City Manager 0sburn said the League of California Cities is preparing a model ordinance now and have recommended to the cities to delay action until the ordinance is available; the City Manager recommended if Cou nci 1 wants two companies they should probably do it now because after Mission has their cables in all over the City, he didn't know that there would be room on these poles for another system. BILL, FISHER, Treasurer, Dyna- Cable Co., San Diego, was present and said if the Council was going to consider additional franchises within the City, he would like to say that DYna-Cable was very much interested; they were formed in December 1971 to engage specifically in cable television business; Dy:na-Cable is 100% locally owned and operated and owned by Allied Electronics; Allied Elec- tronics has been in the industry for over 15 years and was very familiar with cable systems and their methods of operation; they would very much like the opportunity to present a proposal to the councilmen and the Mayor should they consider an additional franchise. There was discussion. FRANK CASTRO, JR. of Dyne -Cable and President of Video Cable, 7562 Topaz Avenue, San Diego, was present and spoke in regard to the feasibility of two cable companies operating on the same streets. There was discussion. Mayor Morgan asked the City Manager to talk to Mr. Fisher and Mr. Castro and then come back. " City Manacer,Mr. Fisher and Mr. Castro left the Council Chambers at 8:15 p.m. RAYMD ND R. DUKE, 1414 "K" Avenue, was 4/4/72 123 present and said he was confused about Mission Cable TV and Dyna-Cable Systems; he had been watching the construction and wondered what type of emblem Dyna•-Cable used on the side of their truck; the trucks that were stringing the wire in the street from Mission Cable Television have the words "Dyn Tel" on the side. Mr. Duke asked if there was a coalition between the two companies; were they contracting from these other people to string their cable; was there some kind of tie between them they were not being told about. ROBERT WILSON, 2506 3rd Street, was present and spoke in regard to the matter of a City owned lot between Melrose and lst Street on Clairmont Avenue; this lot is approximately 140' x 102'. Mr. Wilson said he would like to get this lot cleaned up; it is an eyesore and nuisance; it would be an ideal site for a mini park. Moved by Morgan, seconded by Camacho, the authorize the Cit Mana er to clean this s t u so the could make it into a ,green area. There was discuss on. Moved by Morgan, seconded by. Reid, the motion be amended this be posted to where there be no asoline vehicles on the lot, no motor bikes on the lot. Amended motion carried by unanimous vote. Original motion carried by unanimous vote. BILLY G. HILL, 2738 Melrose Street, was present and said he lived there six years on the corner; he had cleaned up that lot 3 or 4 times; it has been posted; people have come out there and put those signs up there "no mini bikes"; how long did they think it lasted, only five minutes; these kids are going to get those motorcycles and are going to get hurt; this is City property and what was going to happen then. There was discussion. HEARINGS The HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE N.O. 962 TO ENCOURAGE MOTEL AND TOURIST -COMMERCIAL USES IN THE AREA BOUNDED BY NATIONAL AVENUE, 8TH STREET, ROOSEVELT AVENUE AND DIVISION AND SPECIFYING REGULA- TIONS RELATED THERETO was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and the Planning Director recommended returning the matter to the Planning Commission. Moved by Waters, seconded by Camacho, this be referred back to the Plannin Commis- sion and the ubli heari ebe cont Hued to their next re ularl scheduled meeting. Carried by unanimous vote. The HEARING ON THE PROPOSED AMENDMENT TO ORDINANCE NO. 1224 TO DELETE GARDEN APARTMENTS, TOWN HOUSES, APARTMENT HOUSES AND MOBILE HOME PARKS AS PERMITTED USES IN THE TCR-PD (TOURIST, COMMERCIAL, RECREATION PLANNED DEVELOPMENT ZONE) was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and a transmittal from the Planning Department stating the Planning Commission recommends deleting garden apartments, town houses, apartment houses and mobile home parks as permitted uses in the TCR-PD Zone was attached to the agenda. Planning Director Gerschler said the Planning Commission's report and staff recommendation points out that there are only two properties within the City of National City which are in the TCR-PD Zone; both of these properties are on the north side of Sweetwater Road across from Bonita Golf Course; one is commonly called the McMillin property and the other the Reiner property; one part of the Reiner property was presently the subject of an annexation proceeding that was now under way; as a part of that annexation proceeding the applicants filed, the Reiner property filed an application for pre - zoning to TCR-PD; during the course of the hearing on the pre -zoning application, it came to the Planning Commissionts attention that tit, TCR- PD Zone allows, among other things, those issues that are outlined here on the agenda, apartment houses and mobile home parks; they questioned the advisability of allowing those particular uses in that zone and con- ducted a public hearing and examined the Zoning Code; as a result of that consideration, they are recommending to the Council that the various types of apartment houses and mobile home parks be deleted from the list of permitted uses in the TCRI-PD Zone; those two properties zoned TCR.PD are presently being studied and planned for multiple family dwellings or condominiums; across the street directly facing these properties in land now zoned C-2-PD they also have underway two plans for apartment house 4/4/72 124 projects, both of those in the correct zone; C-2-PD is the correct zone for those projects; it would appear that the development of this neigh- borhood was pretty well along and it would appear (City Manager Osburn returned to the Council Chambers at 8:32 p.m. and took his seat) the development of the neighborhood was in the direction of some type of mul- tiple type of residential, whether it be condominium or apartment; it may be that after the hearing and hearing of what these development plans are that some modification of the Planning Commission proposal would be worth considering and, suggesting possibly the deletion of mobile home parks from the TCR-PD Zone by allowing, contrary to the Planning Commission's recommendation, multiple family residential. Mr. Gerschler said he dis- cussed that prospect with representatives of both of these interests, one of them indicated they had no interest in mobile home parks but they did in some form of multiple family; the other interest indicated they at one time had an interest in mobile home parks but they would be willing to concede to the deletion of mobile home parks and are also interested in some kind of multiple family residential; these matters came to his attent icy since the time of the Planning Commission hearing. There was discussion. MR. McMILLIN, 41 E. 25th Street, was present and said he was the builder, developer and owner of this particular piece of property; he would like to see this one piece of property which was one they made a proposal to annex, based on his obtaining the necessary pre -zoning; he happened to have the only piece of property that was existing with that zoning on it; following the recommendations the Planning Commission has proposed would create a tremendous hardship on himself, on two financial investors, who invested their money predicated on the zoning that was on the property; here two years later they want to take the uses away; the deletion of these items would deem that property to an adverse moratorium for 15 years. Mr. McMillin said he had made considerable study, he had spent in excess of $50,000 in engineering and maps, soil investigation, grading plans, and he went exclusively into mobile home parks; their plans were done and finished; it was a very desirable project as he saw it; they pulled back their plans on that because of the confusion on the shopping center and golf course issue which to his knowledge was not yet resolved. There was discussion. FRANK ASARO, Attorney, representing Dr. Reiner, 304 Kalmia Street, San Diego, was present and said there are two Reiner properties involved; one five acre piece is currently in the City and it is zoned TCR-PD; the other piece is in the County and is under consideration for annexation and on which the Planning Commission acted for the pre -zoning. Mr. Asaro said he agreed with Mr. McMillin's remarks and with what the Planning Director said; they disagree with the recommendation as stated by the Planning Commission; all of them were familiar with the area, to zone it to the exclusion of any residential uses would appear highly in- appropriate. There was discussion. Moved by Hogue, seconded by Reid, they have an ordinance to delete mobile homes from TCR-PD Zoning,. Carried by unanimous vote. Moved by Waters, seconded by Camacho, the public hearin be closed and Ordinance No. 1224 and that ar en a artments and town houses, apartment houses in the TCR-PD remain and this be referred back to the Planning Commission for their consideration for he density for that particular locale. Carried by unanimous vote. Mayor Morgan asked the Planning Director if he had one other thing. PLANNING DIRECTOR GERSCHLER said the question of the Zone Change ZC-89-71, prezoning the Reiner Annexation TCR-PD should be brought to the floor; he believed the amendment they have just ordered would be satisfactory to the Reiner's interest; they may wish to proceed with the action on that zoning request. Mr. Asaro said that was fine with them; with the action they have taken, if they could get the proposed annexation pre -zoned to the same effect, they would be very happy. Planning Director Gerschler said that being the case, they would recommend that the Reiner Annexation property be pre -zoned TCR-PD. Moved by Waters, seconded by Camacho, the Reiner Annexation, ZC-89-71 be approved and be brou ht into the TCR-PD. Carried by unanimous vote. (Certificate of Publication on file.) ADOPTION OF RESOLUTIONS 4/4/72 125 Moved by Camacho, seconded by Reid, the resolutions be read title. Carried by unanimous vote. RESOLUTION ND. 10,615, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE ALLEY BETWEEN HARRISON AND CLEVELAND AVENUES, 20TH TD 21S T STREET (Reliance Steel and Aluminum Company) ." Moved by Waters, seconded by Reid, Resolution No. 10 615 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,616, "RESOLUTION DETERMINING THAT TOPICS FUNDS WILL BE ACCUMULATED." Moved by Camacho, seconded by Reid, Resolution No. 10 616 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,617, "A RESOLUTION OF THE CITY COUNCIL,. OF THE CITY OF NATIONAL CITY, CALI FORNIA , ORDERING THE CANVASS OF THE GENERAL MUNI CI PAL ELECTION TO BE HELD ON THE 11TH DAY OF APRIL, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Camacho, Resolutionbe adopted. Carried by unanimous vote. RESOLUTION ND. 10,618, "RESOLUTION AUTIORIZING CAPITAL OUTLAY FUND, WATER PURCHASE EXPENDITURE (Sweetwater Authority)." Moved by Reid, seconded by Hogue, Resolution No. 101618 be adopted. Carried by unanimous vote. RESOLUTION ND. 10,619, "RESOLUTION OF AWARD OF CONTRACT (Tom Moynahan Towing Company) ." Moved by Camacho, seconded by Waters, Resolution No. 10�,619 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,620, "RESOLUTION OF AWARD OF CONTRACT FOR WEED ABATEMENT WORK." Moved by Waters, seconded by Hogue, Resolution No. 10 620 be adopted. Carried by unanimous vote. RESOLUTION ND REAL PROPERTY Resolution No RESOLUTION NO DITURE (Girls Resolution No . 10,621, "RESOLUTION AUTHDRIZING CONVEYANCE OF INTEREST IN (John Sedlack)." Moved by Waters, seconded by Hogue, . 10 621 be adopted. Carried by unanimous vote. . 10,622, "RESOLUTION AUTFDRIZING CAPITAL OUTLAY FUND EXPEN- Club Purchase)." Moved by Reid, seconded by Waters, . 10,622 be adopted. Carried b unanimous vote. RESOLUTION ND. 10,623, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Howard L. and Gertrude Morrison)." Moved by Waters, seconded by Reid, Resolution No. .0,623 be adopted Carried by unanimous vote. RESOLUTION hD . 10,624, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (II' Avenue) ." Moved by Waters, seconded by Hogue, Resolution No. 10,624 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Dorgan. RESOLUTION ND. 10,625, "RESOLUTION RESCINDING RESOLUTION NO. 10, 59i AND CONTRACT EXECUTED PURSUANT THERETO." Moved by Hogue, seconded by Reid, Resolution No, 10 625 be tgeptal. Carried by unanimous vote. INTRODUCTION OF ORDINANCES ORDINANCE NO. 1304, "An Ordinance Amending Chapter 23 of the National City Municipal Code Regulating Massage Establishments," was presented for fi.rst reading. Moved by Hogue, seconded by Reid, Ordinance No. 1304 have it first read_inr� by title. Carried by unanimous vote. The title was read REPORT OF CITY ATTORNEY - None APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: 4/4/72 _J 126 General Fund $33,510.30 Traffic Safety 3,074.22 Park 539.18 Gas Tax No. 2106 21, 692.56 Sewer 52.90 Total $St3,_,.869.16 I.���.[�.i.A/Mr �l�l.� I�.r�.rl�liO.lA� Moved by Camacho, seconded by Reid, these bills be paid any arrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. CITY MANAGER OSBURN said there was no payroll. UNFINISHED BUSINESS A communication from TERRY GENE CRITCHFIELD petitioning the Council to reconsider his request for an on sale beer license (Saanpaguita Restaurant, 819 National Avenue) subject to the conditions that there will be no live entertainment and that the sale of beer will be in conjunction with the sale of food was presented. Moved by Hogue, seconded by Waters, this s item under "Unfinished Business" be tabled until Mr. Terr Critchfield brings back some type of plan to the Council to indicate exactly what he, intends. TERRY CRITCHFIELD, 4767 Guymon Street, San Diego, was present and said he didn't actually bring a plan for the restaurant but he sub- mitted one to the Building Department and it had been returned to him approved. Carried by unanimous vote. Mr. Critchfield said being now aware of the restrictions for the area in question which was the old "Tahiti" and after talking with the representative of the ABC Board and with the Chief of Police, Chief Liesman, he would like to petition the City Council to reconsider his request for on sale beer license; he would certainly agree to file for an amended on sale license that would carry the following restrictions in order that he would not void the saturated area restriction: (1) no live entertainment be maintained or otherwise permitted to be performed in or upon the premises and (2) that the sale of beer be inconjunction with and incidental to the sale of food; in connection with the above limitation he would like to emphasize that with- out the sale of beer available to the customer upon his request for that type of food (being Filipino food) , the possibility of his success in that business venture was highly unlikely; for this he was naturally concerned. There was discussion. Moved by Reid, seconded by Waters, this be put back on the floor. Carried by unanimous vote. Councilman Reid said there won't be a Council meeting for two weeks. There was discussion. Mayor Morgan said what this Council indicated to him was he bring his plans back before them and he sell the Council on whether this was a food place rather than a bar; he thought that was what the Council voted to do. Mr. Critchfield said it was perfectly clear to him. NEW BUSINESS A communication from the GENERAL MANAGER, SAN DIEGO TRANSIT CORPORATION, in regard to the subsidy agreement for public transit and advising that the Transit Corporation will be making load counts in the area within the next 30 days was presented. Ordered filed by unanimous vote. A communication from the LEAGUE OF CALIFORNIA CITIES announcing a Statewide Tax & Legislative Conference, Woodlake Inn, Sacramento, April 26-27 was presented. Ordered filed by unanimous vote. A communication from the PRESIDENT, NATIONAL CITY CHAMBER OF COMMERCE, stating the Board of Directors took unanimous action to approve recommen- dations of the Historical Development connnittee in regard to historical landmarks, law for historical area, Kimball Square and Architect, was presented. Moved by Hogue, seconded by Camacho, this item be filed and the matter of hiring an architect be referred to the Finance Committee (Amended motion). Carried by unanimous vote. 4/4/72 127 A notice from the U. S. ARMY ENGINEER CORPS that the Enciaa Joint Sewerage System has made application for a permit to construct an extension to an existing 48" sewer outfall midway between Aqua Hedionda and Batiquitos Lagoon and inviting interested persons to make written comments or objec- tions before April 24 was presented. Ordered filed by unanimous vote. An application for refund of $100 performance bond by KENNETH J. WINTERS for work done at the southwest corner of 18th Street and Orange Avenue, approved by the Engineering Department, was presented. Moved by Waters, seconded by Hogue, the refund of $100 for Kenneth J. Winters be approved. Carried by unanimous vote. The minutes of the regular meeting of the CIVIL SERVICE COMMISSION on March 15, 1972 were presented. Moved by Hogue, seconded by Waters, these minutes be accepted and filed. Carried by unanimous vote.. The minutes of the regular meeting of the STREET TREE & PARKWAY COMMITTEE on March 16, 1972 were presented,. Ordered filed by unanimous vote. A communication from the CITY MANAGER filing five items with the City Clerk (No Council Action Necessary) : (1) 1971 25th Annual Report, San Diego County Water Authority; (2) Certificate of Insurance from Allen T. Archer Co., Los Angeles, Policy No. CA 24 66 73, covering Bay Cities Ambulance, Inc. & 0. Stephen Ballard & Ballard's Ambulance Service, 335 E Street, Chula Vista; (3) Certificate of Insurance from National Auto- mobile & Casualty Insurance Co., Policy No. 30GLA*-44678, covering American Towing, Inc.* 1708 Cleveland Ave.; (4) Certificate of Insurance from Thompson -Powell Co., Covina, Policy No. 71C210143, covering Gold Cross Ambulance Service, 7285 University Avenue, La Mesa; (5) Binding Advice Letter from Bayly, Martin & Fay, Inc. covering Liability Insurance for South Bay Historical Society for period March 17, 1972 to April 17, 1972, was presented. REPORTS CITY MANAGER OSBURN said he had the report on cable TV which he thought they had taken care of; in discussing this with Mr. Fisher and the other gentleman, Mr. Castro, he will meet with them tomorrow morning at 10:00; they indicated that they from the looks of the map and his estimation that there was possibly 1,000 residents that was not presently on the cable TV or the lines that have been installed, that they woulc: not be interested in serving this portion of the City; however, they would be interested in working on the private property within the City and they will discuss that tomorrow and come back with a report on it. Moved by Hogue, seconded by Reid, the franchise for the installation of cable tv be granted to Mission TV. City Attorney McLean said if they were going to go ahead with the Mission TV franchise, then it was his opinion two changes should be made to the present franchise agreement; the first change was what he called the most favored nation clause which says if there is any future jurisdic- tion which this company operates and which they provide service or benefits to the public that wasn't now included within our franchise, that our franchise will be automatically amended to give us the benefit of such more favored treatment in the future and secondly, although it may not be technically necessary, just so everybody understands where they stand with the City that the franchise also be amended to provide that the present and future Federal Communications Commission regulations regarding cable tv operations will be incorporated within our franchise agreement; he would suggest Mr. Osburn and he be authorized to prepare those amendments which he told Mr. Williams he would recommend if the Council did go ahead with this; he would be aware of the changes being made and they could get an amendment to the franchise ready and have the Mission TV people committed to the changes and then present it to the Council. There was discussion. Moved by Morgan, seconded by Hogue, the motion be amended they include the amendment and authorize the City Attorney to change the contract he recom- mended on cable tv. Amendment to the motion carried by unanimous vote. Original motion carried by unanimous vote. 4/4/72 128 CITY CLERK MINOGUE presented a request to hire two persons for one day (April 11) to help handle the election. Moved by Waters, seconded by Reid, the City/Clerk's request to hire two Persons for the one day to held handle the election be granted. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of a communication from Senator Schrade acknowledging receipt of resolutions opposing Assembly Bill 321 and Senate Bill 273 which was on file. CITY CLERK MINDGUE reported receipt of two communications from Supervisor Walsh (1) in regard to support of AB 584 deleting the south portion of Freeway Route 125 and (2) local park policy and program which were on file. CITY CLERK MINOGUE reported receipt of the concurrent opening brief of the San Diego City Attorney in the matter of the application of the San Diego Gas & Electric Co. for increased rates before the Public Utilities Commis- sion which was on file. Transmittals from the PLANNING DEPARTMENT stating (a) the Planning Commission recommends approval of the application for deferral of installa- tion of curb, gutter and sidewalk at the northeast corner of Cypress Street and Sweetwater Road (Armstrong) subject to two conditions and (b) the Planning Commission recommends approval of the application for deferral of alley improvements at 2236 E. 18th Street (Kenneth J. Winters) subject to the filing of a covenant running with the land were presented. Planning Director Gerschler said the Planning Commission has recommended in favor of the deferral as stated based on the City Engineer's recommendation the work would be impractical to apply. Moved by Camacho, seconded by Reid, the recommendation of the Planning Department and Engineering be approved. Carried by unanimous vote. A transmittal in regard to the effect of Assembly Bill 1301 and General Plan status and stating the Planning Commission recommends the action program recommended by the Planning staff regarding AB 1301 be approved was presented. Planning Director Gerschler said this was the Planning Commission's lengthy and elaborate report in response to Council's request that they study the City's ability to comply with AB 1301; the bill now requires compliance with the General Plan and Zoning Code by January 1, 1973; the Planning Commission spent an entire workshop session on this question; they reviewed an immense amount of background material and studied the progress being made by other cities in the County and the County it- self; they studied the recommendations of the legislators of the League of California Cities; they have presented to the Council an action program in several parts that takes two approaches; first of all, they suggest updating of the General Plan and suggest that part of their recommendation be referred to the Finance Committee for consideration along with other budget requests; secondly, they proposed some immediate action for some remedial work of zoning maps and zoning codes and suggest it be referred to the Planning Commission for the necessary public hearing; the third recommendation was that the Council urge our State Legislature to approve some amendments in 1301 to extend the time for complying beyond the existing deadline date which was January 1, 1973; they were advised yester- day by Mr. Deddeh and by Mr. Mills that such legislation was in the hopper; basically, they were suggesting those three lines of work, referring the General Plan matter to the Finance Committee, asking the Planning Commis- sion to hold hearings on changes in the maps and plans, making recommen- dations to the State Legislature. Moved by Morgan, seconded by Camacho, the Planner's recommendation be a roved on all three items. Carried by unanimous vote. A PLANNING DEPARTMENT transmittal in regard to the Planning Commission reconsideration of Condition No. 22, Resolution No. 9622 as amended by Resolution No. 9735, approving the final map for 0. D. Arnold Hills Sub- division (J. G. Minutelli) was presented. Planning Director Gerschler said this was the request of Mr. Minutelli for an amendment to the condition: 4/4/72 129 attached to a subdivision map that prevented him from converting a garage into a family room and adding on a carport in its place; at the Council's request, they met with Mr. Minutelli on a couple occasions; the people in his office made some sketches and studies of alternate ways of doing this; they found three alternate ways; they have given the Council a plan showing what they were; Plan C which would involve a new garage on the front of the building and the conversion of the existing garage as it was proposed was the one that seemed to be the most acceptable to Mr. Minutelli; it conforms to laws and seems to be practical; in their staff's conversation with Mr. Minutelli his sole objection to Plan C or any of the others was the item of additional costs which he hoped to avoid; the staff advised him they would present their findings to the Commission and if he wished to present his problem of costs, he could do so. Moved by Morgan, seconded by Waters, .'Plan C" be Approved on this. Carried by unanimous vote. A PLANNING DEPARTMENT transmittal referring tentative development plans for a proposed 15-unit apartment complex at 234 "D" Avenue (Emil H. Bushert) to the City Council was presented. Planning Director Gerschler said the City Clerk has received a request asking this matter be continued. Moved by Waters, seconded by Reid, this item be laid over until our next re larly scheduled apetino. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S Financial Statement for the month ended February 29, 1972 was presented. Moved by Hogue, seconded by Waters, it be accepted and filed. Carried by unanimous vote. Moved by Waters, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:25 p.m. City Clerk City of National City, Ca fornia The foregoing minutes were approved by the City Council of National City at the regular meeting of April 18, 1972. Q No Corrections Correction as noted below Mayor, Ci f o National City, California 4/4/72