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HomeMy WebLinkAbout1972 04-18 CC MIN130 MINUTES OP THE REGULAR MEETING OF THE CITY COUNCIL L OF THE CITY OF NATIONAL CITY, CALIFORNIA April 18, 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: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Gerschler, Assistant City Engi- neer Hoffland, McLean, Minogue, 0sburn, Stenberg. SALUTE 10 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 Waters, the minutes,�of the regu1►,rzmeetin�g of April 4, 1972 be approved, Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN ROGUE introduced his family and said "thanks" for the many unforgetable memories and experiences they had been kind enough to make available for him; God bless them all; he hoped that in numerous ways he had filled the obligations of his responsibilities to all of them; may the progress of and the respect of their City never cease to multiply; to their new councilman, Mr. Pinson, he would say "congratulations" and success to him; to all of them he would say "thank you very much." COUNCILMAN CAMACHa requested Council consideration of procedures election night, every year there is a larger turnout and citizens stand and wait for the results in the same area; it was a very uncomfortable situation; he was hoping that in the future they could find the facilities within their City to house or take all the people that were interested in the election to have a place where they could sit and watch the returns; he was hoping they could have Kimball Hall with the facilities of the public address system to make it an enjoyable evening for the people who have participated in the election as well as the people who were involved in the election; he didn't know whether this conflicts with the City Clerk and he didn't know whether she would object with this as she is in charge of the election; perhaps they should talk to her. Moved by Camacho, seconded by Hogue, at the future elections held in National Cit the use the facilities of the Kimball Community Building to have their election. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE ND. 1304, "AN ORDINANCE AMENDING CHAPTER 23 OF THE NATIONAL CITY MUNICIPAL CODE REGULATING MASSAGE ESTABLISHMENTS" was presented for second reading. Moved by Camacho, seconded by Waters, the second reading of the ordinance be by title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Reid, Ordinance No. 1304 be adopted. Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: 4/18/72 aNka.cro�- wi 131 General Fund $ 35,302.49 Traffic Safety 20, 963.42 Capital Outlay 28,237.92 Park 4,019.82 Retirement 23, 865. 56 Gas Tax 2106 3,237.25 Plaza Blvd. Sewer 206,875.00 Swim Pool Repair 11,034.22 Trust & Agency 100.00 Drainage 803.20 Sewer 29,550.11 Total $364.018.99 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. PAYROLL OF APRIL 5, 1972 AUDITED BY THE FINANCE COMMITTEE in the amount of $127,421.67 was presented. Moved by Hogue, seconded by Camacho, the payroll of April 5 be paid. Carried by the following vote, to.»wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. CITY CLERK'S CERTIFICATE OF THE CANVASS OF THE GENERAL MUNICIPAL ELECTION APRILL 11, 1972 was presented: Council Candidates: Camacho 2,878; Dalla 1,119; Duke 1,079; Earle 921; Horgan 472; Natividad 1,063; Pinson 1,140; Ross 370; Vargas 315; Villarin 418; and Wignall 160; the two highest were Mr. Camacho and Mr. Pinson; City Clerk: Minogue 4,506; City Treasurer: Kerr 3,811; Krason 1,161; Proposition S, Senior Citizens' Residence: Yes 3,997, No 1,084; Total Votes Cast: 5,286. RESOLUTION NO. 10,6260 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 11TH DAY OF APRIL, 1972, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW," was presented. Moved by Camacho, seconded by Hogue, the resolution be read by title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Resolution No. 10 626 be ado ted. Carried by unanimous vote. RESOLUTION ND. 10,626 must appear in the minutes in full and is a follows: RESOLUTION ND. 10,626, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 11TH DAY OF APRIL, 197Z, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED SY LAW. "WHEREAS, a regular general municipal election was held and conducted in the City of National City, County of San Diego, State of California, on Tuesday, the llth day of April,, 1972, as required by law; and "WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of Cali- fornia for the holding of elections in cities; and "WHEREAS, pursuant to Resolution No. 10,617 adopted the 4th day of April, 1972, the City Clerk of the City of National City canvassed the returns of said election and has certified the result to this City Council, said results are received, attached and made a part hereof as "Exhibit A." "NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OP NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: 4/18/72 132 "SECTION 1. That there were 18 voting precincts established for the purpose of holding said election consisting of consolidations of the regu- lar election precincts in the City of National City as established for the holding of state and county elections. "SECTION 2. That said regular general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: Two Members of the City Council of said City for the full term of four years; A City Clerk of said City for the full term of four years; A City Treasurer of said City for the full term of four years. "SECTION 3. That at said regular general municipal election, the following measure was submitted to the electors of said City, to wit: PROPOSITION S. Senior Citizen Residential Center. Shall the City be authorized pursuant to Section I of Article XXXIV of the California Constitution to acquire, develop and construct a senior citizens residential center to be financed in whole or in part by the Federal Government? "SECTION 4. That the whole number of votes cast in said City (except absent voter ballots) was 5229. That the whole number of absent voter ballots cast in said City was 57, making a total of 5,286 votes cast in said City. "SECTION 5. That the names of persons voted for at said election for Member of the City Council of said City are as follows: J. LOUIS CAMACHD MI CHAEL R. DALLA RAYMOND R. DUKE CAROLYN S. EARLE BILL I-D RGAN J. LUIS (LaUIE) NATI VIDAD RALPH A. PINSON M. E. (GENE) ROSS LILY B. VARGAS LANNY ROSS VILLARIN DAVID W. WIGNALL "That the names of the persons voted for at said election fox City Clerk of said City are as follows: IONE MI VGUE 4/18/72 133 "That the names of the persons voted for at said election for City Treasurer of said City are as follows: IDA MAE H. KERR BETTY Ni. KRASON "That the measure voted upon at said election is as follows: PROPOSITION S. Senior Citizen Residential Center. Shall the City be authorized pursuant to Section I of Article XXXIV of the California Constitution to acquire, develop and construct a Senior citizens resi- dential center to be financed in whole or in part by the Federal Government? "That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective offices for which said persons were candidates and for and against the measure were listed in Exhibit "A" attached. "SECTION 6. The City Council does declare and determine that: J. LOUIS CAMACHO was elected as Member of the City Council of said City for the full terse of four years; RALPH A. PINSON was elected as Member of the City Council of said City for the full term of four years; IONE MINOGUE was elected City Clerk of said City for the full term of four years; IDA MAE H. KERR was elected City Treasurer of said City for the full terns of four years; That as a result of said election, a majority of the qualified voters voted on said measure relating to Senior Citizen Residential Center did vote in favor thereof, and that said proposition was carried, and shall be deemed adopted and ratified. "SECTION 7. The City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) The measures voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each persons, and for and against each measure; (6) The number of votes given in the City to each person, and for and against each measure. "SECTION 8. That the County Clerk shall immediately make and, upon com- pliance by the persons elected with the provisions of Section 11565 and Section 11568 of the Elections Code of the State of California shall de- liver to each of such persons so elected a Certificate of Election signed 4/18/72 134 by him and duly authenticated; that he shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the City Clerk's office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. "SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Exhibit "A" attached. (Page 134-A) OATH OF ALLEGIANCE ADMINISTERED TO ELECTED OFFICIALS City Clerk Minogue introduced County Clerk Jesse Osuna. Mr. Osuna adminis- tered the oath to and congratulated each of the newly elected officials; J. Louis Camacho, Ralph A. Pinson, Ione Minogue and Ida Mae Kerr. ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. COUNCIL COMMUNICATIONS COUNCILMAN PINSON thanked the citizens for electing him councilman and promised he would serve them to the best of his ability; he said he never expected to attain this high office and felt humble and proud to be here; he would like to thank the Vice Mayor for assisting him in finding where his office was and showing him around and taking him around to meet the various department heads and members of the staff; he must have been appointed by the Mayor to do this job but it made him feel comfortable to have someone at least try to show him the ropes. VICE MAYOR WATERS said he received calls about some of the City streets which are dirty. The Vice Mayor asked what procedure was followed for the street cleaner. City Manager Osburn said they had a regular scheduled route once a week in the normal residential areas for the street sweepers; he was aware there had been an extra bunch of dirt hauled within the City just recently; he believed this was where a lot of it was coming from; they normally have the contractors clean up when they are through on this type of work. Mayor Morgan said if there was a car sitting there naturally they go around that automobile; but if the car was not there they get it cleaned. Vice Mayor Waters asked the City Manager to check into that. VICE MAYOR WATERS said he had a complaint from one of the big businesses that trucks park regularly at 19th and Cleveland in such a way they make it a blind corner; some say they park there early in the mornings and some say they park there late at night; it was a dangerous situation; he asked the City Manager to check this out. VICE MAYOR WATERS said Miss Shirley Holder, a resident of Manchester St., National City, participated in the "Miss Nevada" Contest this weekend in Las Vegas and she came in third. VICE MAYOR WATERS gave a report on Granger Hall: for less than $2,000 they were going to have Granger Hall sitting down on a sound foundation; they have all the footing done and just about all the blocks under the foundation completed; they had a lot of volunteer work; there were many you could thank; sometimes there were 15-20 people over there, youth, etc. working on this project; Mr. Tom Ruiz and Mr. Montijo have been doing an outstanding job; the City ought to recognize that and they once again thank the Council for 4/18/72 { ' Council Candidates 'r• 1 Y+ °! ›., - ' V t ! 0' rl 1 - ur P• 1 L.„y —4 Lf-, a Tctal ( ji (1✓: ' 4 0 C' C' ( ,J �. ;,1 I i r3 Iir- G •r 1 C;"� r c 11 M V7 54 8 5 5t_ 9 5k- 27' 0 4 . 83,i 68 7E, 15 •105 112 24 21 5 11 8 21 ! i 1 32 j 18 2 1551 146 31 1`',5 33 i 18 7 187 3 178 58 71 59 45t 38 113 2 14 1 19 •7 2.95 1264 6-1 2.y i 61 341 176 72 60 36 24; 48 19' 1� Z 21, 20 16, 20 �6 II 209 9 c 46 2_t _ F - �9 326 I t 188 107 80 59 26 115 15 60 12 3531 288 8F 2(18 40� 61 _2 1 20 28 55 10 i 353; i 299 8C 33.8 721 402 U 1222 , 96 42 110- 28 90 128 40 14 59 55 1 17 42 2 220:1188 46. tl 189 4 i 243 8 136 86 59 69 12 24, 39-+_ id 9 1 8 1 3 i 210; fl 187 42� 1 164 72 1 243 9 203 82 r.84 9.� 87 42 61 98 '24) 21 281 12 •t 3 �5. 291 I 8 p 2f�.. 93 402 55 56 351 22 11 20 , 2531 1 199 75; i 210 71 294 k0•tl 1168l8616248 26 42 55 26 1 17 j 11t 81 215s1190 il 5 i, 214 46 274 J [1 144 53 67 56 .27 91 48 26i 1 24 12 101, ,_may 291 i I 1242 .I..{ 90 285 56 '; 352 12 1209 94 82 45 39 4 8 1 06 3 6 14 � 20 13 t 371;l333 ti t'69 3.2 7 .�.._ � 85 d � .21 ,_ 13 245 • 82 112 � 7'' �.�-♦ 4 9 - 70. •60 1d 9 I 21 8 ` 2424 , 1 209 �-11 7� -ram^.{ 224 _ _F_____ 60 301 1 171 -_ 67 , 57 • ' 49 37 105 60 24 16 54 12 323250 i, 105 2 78 .1 91 381 214 74 69 57 19 24 89 22 6 , 7 3 206 181 4 i 132 53 243 l0 134 44 63 50 3.0 21 36 11 10 12 6 1321 1.10 38f1 il 133 .19 • 158 17 k 97 34 31 21 21 _ 1 3 1 74 31 50 21 17 38 29 9 12 7 .. . 6 139 113 36. 1.13 4 39 155 ------ '- C, v j 25 6 13 15 r 1 4 19 8 2 . _� ll 2 51 - 44 19 39 -4 14 -----.... j7 i..wr-. !. .....r..w f178 .'t 11.3.9 1079 921 /17' 1063 140 370 315 418 160 .y 506 ..� 3811. ...t-._..+..r.rr._ 1161 3097 ______sr. _ 1084 ..._..r+r==-=.•""'."..--- 5286 38J1 .. 1 hereby certify the above t_o be the results of the official canvasof rho ballots ()I the General M►ui i c i I')rtl El c-gt' i-on nn Tucscli,y, April 11, 1972. Dat_och Apt: i.1. 1. 7, 1.972 1.I :I Earl, t :° `L'.I ) f ;: I is l ' 135 the help of all the equipment; he hoped the Council would see fit to help them a great deal more, once they get it down on the foundation; he ,d a.. tributed pictures showing the foundation almost completed. VICE MAYOR WATERS said again they had a letter from Mrs. Kearns, 3444 Tolas Court relative to the easement between 3444 Tolas and 3439 E. 7th Street; "...we have talked about this by phone on several occasions; at our last telephone conversation you advised me that until the speed was reduced in the Williams Manor area of Paradise Valley Road, the easement will not be closed. However, according to official records I have on my y regarding this easement,they read as follows: an easement fo r©hetg right of way for the installation of construction and maintenance of a sewer line and necessary improvements thereto over, under, through, on, and across the south 21/2' of said land deed recorded March 9, 1954; you will note that there were no easement rights granted to the City of National City ; if there is information that I am lacking about this, I would like to be officially informed regarding the rights of the City to use my property as they are now doing; if my information is correct, I have no recourse but to take legal action; your attention in this matter would be appreciated." Vice Mayor Waters said it appeared to him that she has some rights, that they don't have the right to use it; he would like the City Manager to get together with the City Attorney and once and for all tell this woman where she stands so all parties will know instead of continuing on and take legal action. City Manager Osburn said he had all that information on his desk and as soon as the meeting was over the City Attorney could take a look at it; he didn't agree with everything she said but he did have the information. VICE MAYOR WATERS said he noticed the new Council is just seated and it appears the local newspaper is trying to stir it up already; they made a comment about Council "power" in the paper; maybe after two years of being on the tail end of 4-1 or 3-2 vote, maybe there was a need for a change in Council power; but he was not interested in Council power, he was interested in Council principles; a good example of Council principles was what happened this weekend; once again he showed up at a meeting at the CPO Club where the Mayor was supposed to be guest speaker; he thought it would be nice if he showed up and showed proper representation for the City; when he walked in there he noticed that the Mayor was not there and heard that he was sick; he knew that the 5th of May they wau ld have a new Vice Mayor and he intended to support him a lot better than he had been supported by certain Council members and the Mayor; the proper procedure was this: when the Mayor is sick the Vice Mayor is supposed to be informed; he is supposed to represent this City in a dignified manner, fulfill his obliga- tion in this respect; the Mayor of the City was guest speaker; this left the whole organization without a program; this was why they get the smiles and the snickers, etc. throughout the County. COUNCILMAN CAMACHO thanked the voters of National City for honoring him for the second time by electing him a member of the Council; he hoped he would always be worthy of their confidence; he would also like to say one thing to the ladies and gentlemen who took part in this election who ran as candidates for the City Council and the Treasurer; he knew how they felt; he knew they worked hard and they lost; he had been this route before himself; they had his sympathy; he hoped they would seek the chance to run again and not give up. Moved by Reid, seconded by Waters, 3O'minute, parking be installed on National Avenue on the west side between 8th and 7th for loading during delivery hours and the City Manager get with the Chief of Police and the Traffic Engineer. Carried by unanimous vote. MAYOR MORGAN said since he had been Mayor he tried to cover every activity the Mayor should cover; there were very few times when he was sick and could not cover an event; the appointment he had Sunday he could not fulfill; he made telephone calls and got hold of Mr. Reid and he represented him at the head table at the CPO and he was very happy Mr. Reid took that appoint- ment; he farmed the rest of them out that he had during the daytime to .4, 18/72 136 other people that he could get hold of. MAYOR MORGAN said he wrote a note a few days ago that he was thinking about a Human Relations Committee and he hadn't had time and hadn't been on his feet enough to think about this where he could make a selection; he would bring this up at another meeting. MAYOR MORGAN said there is a situation at Las Palmas Park south of the swimming pooh.; it has been suggested many times a lake be constructed and he would like to see this happen if it was possible; there's a little valley that goes down to the golf course and if it were dammed up, a lake could be created; possibly they could stock it with fish; he would like to see that done and a study made. MAYOR MORGAN asked the City Attorney about Mrs. Good's equipment rental at 7th and Palm. City Attorney McLean said the City Manager gave him some minutes from City Council meeting of Nov. 12, 1957; he also gave him the notice of a public hearing and the application of the landowners asking for a condition of exception from the zoning regulations as existed in 1957; he had looked at them. Mayor Morgan asked what they could do; this was one reason he never liked one of these use permits; people on the Council put off the responsibility for a later date ; this was senseless and they will have to make a decision on whether or not they have a use permit; these people have been in business for 15 years and here they sit; they forgot about the use permit and now they have it in escrow and everything ready to go and they can't go ahead with it; he thought that instead of use permits they should make a decision. There was discussion. Moved by Morgan, seconded by Waters, the refer this roblem of Mr. Good to the Plannin De artment the location was 7th and Palm Avenue and brin it back before the Council, Carried by unanimous vote. MAYOR MORGAN spoke in regard to the Citizens Advisory Committee on Resi- dential Development Standards and went to the blackboard to illustrate his concern over lack of useable open space where numbers of apartments are constructed on adjoining properties. The Mayor suggested a Planning or Design Board might have to be appointed. The Mayor said there is only a limited amount of land left in the City, and if they didn't watch themselves they were going to end up with a very hodgepodge apartment situation; maybe there were just too many; something has to be done because these apartments were something they were not going to be happy with; he invited the Council to go around and look at the ones going down on "L" Street; when the plans came in here it was good and showed a lot of open space around here, but just look at it; you go out on 7th Street and look at what they have there; they showed open space in here but down at the bottom they have a little strip like that and on this flat piece of paper they saw this on, it showed all of this open space; but this bank was one for one up the hill so they have a little 3' strip along there; this thing is serious and they were going to have to get on top of it; they only have 8 sq, miles. There was discussion. Planning Director Gerschler said he would suggest the recom- mendations of the Citizens Advisory Committee which had been heard in public hearings by the Planning Commission will be on their agenda next Tuesday night for public hearing; he was only thinking out loud, but perhaps they would want to wait until they receive those recommendations and open their hearings on it before they have the committee actually meet so they would be able to give them a little better list of the things they want to have them look at; he was in full agreement of what he said about needing to improve the open space part of the standards but he also knew in his experience with the committee it would probably be helpful to them to have some specific suggestions from the Council to look at; he was sure then they would be more than happy to meet and the staff would be more than happy to meet with them. There was further discussion. CITY CLERK MINOGUE read the proclamation "BOY SCUT FAIR DAY" (May 6, 1972) . Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Scoutmaster Ted Stark and two Boy Scouts who were present. 4/18/72 137 CITY CLERK MINOGUE read the proclamation "LAW WEEK" (April 24-May 1, 1972). Moved by Reid, seconded by Camacho, theme .reclamation be _adopted. Carried by unanimous vote. CITY CLERK MINOGUE read the proclamation "PUBLIC SCHOOLS WEEK" (April 24- 28, 1972). Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. MAYOR MORGAN told Councilman Pinson he hoped he had a long and fruitful political career in National City. CITY TREASURER KERR said she just wanted to say "thank you" and goodnight. City Clerk Minogue said she also wished to say "thank you" and she wished she could say "goodnight." ORAL COMMUNICATIONS LUIS NATIVIDAD, 1418 Meadow Drive, was present and said he hadn't had a chance to congratulate the candidates and that was why he was present; this was his first day off since September when the campaign started; his wife and he were going to go south for a while but he didn't want to leave with- out congratulating these gentlemen; especially, he wanted to do it publicly; he lost the election but he gained a lot of things, not only for himself but for the people who worked with him and he was here to congratulate the candidates and wish them good luck for the next four years; and reminded the Mayor that because he lost the election did not mean that he didn't want to participate in the City; keep him in mind when there was a committee job open officially. FRANK CHENELLE, representing PORAC and the National City Police Officers Association, was present and said he had not received the I,.eague of Cali- fornia Cities Legislative Bulletin No. 5; bear with him if it was not on the agenda; he didn't like to speak about bills they were not going to be bringing up; this bill will most certainly come up within the next month or so if it hasn't already. Mr. Chenelle spoke in regard to AB 73 (Puni. tive Damage Bill); the League of California Cities will not oppose this bill if the sections covering 24 hours service are omitted; and requested Council either support or not oppose AB 73. Mr. Chenelle said AB 454 was killed yesterday; this leaves it open for negotiations and the work they will be getting into later under their Memorandum of Understanding; the retirement bill 452 came out of the Assembly floor yesterday afternoon; he thought without a doubt they will be bugging the Council once more for the retirement bill. Mr. Chenelle asked what was going on on the Human Relations Commission; No. 1, he would like to know what powers a commission that was appointed by the Mayor had and No. 2, if these powers were restric. ted in any way, such as subpoena, etc.; he was already opposed (as representative of the police officers and firemen and any other employee in this City) to an appointed lay organization that had subpoena powers; there is an organization like this in the County made up of 49 members; they are supposed to be liable to this committee if they have any human relations problems being brought before the commission and this commission has no subpoena powers taken away from them by the Superior Court; and asked the City Manager to send him a copy of it and let him know exactly what he had in mind because he would like very much to stand in opposition to a committee that has subpoena powers from a layman organization. Mr. Chenelle presented a gift (lighter) from PORAC to Councilman Pinson. ED NIXON, Paradise Hills, Advisor, National City DeMolay, was present and requested a permit to hold a rummage sale- April 21 and 22 with the fee waivered; the proceeds of the rummage will be used for benevolent purposes. Moved by Waters, seconded by Camacho, Mr. Nixon's re uest be ranted. Carried by unanimous vote. FRANK CASTRO, JR., President, Video Cable, Inc., was present and submitted a proposal to the members of the City Council and requested a franchise for cable TV or a moratorium on the present franchise. Moved by Pinson 4/18/72 J 138 seconded by Waters, this question be reconsidered. Motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read b title. Carried by unanimous vote. RESOLUTION NO. 10,627, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURE (Appraisals of Sweetwater Heights Park Property)." Moved by Waters, seconded by Reid, Resolution No. 10 627 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,628, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM LIBRARY CAPITAL OUTLAY TO CAPITAL OUTLAY ACCOUNT OF THE GENERAL FUND." Moved by Reid, seconded by Camacho, Resolution No. 10,628 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,629, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Geary and Braudaway, 14th Street)." Moved by Waters, seconded by Camacho, Resolution No. 10,629 be adod. Carried by unanimous vote. (Planning Director Gerschler left the Council Chambers at 9:15 p.m.) RESOLUTION NO. 10,630, "DEDICATION OF' CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of 14th Street)." Moved by Waters, seconded by Camacho, Resolution No. 10,630 be adopted. Carried by unanimous vote. RESOLUTION NO. 10, 631, "RESOLUTION GRANTING ENCROACHMENT PERMIT TO CONSTRUCT OVER PUBLIC RIGHT OF WAY (Reliance Steel and Aluminum Company) ." Moved by Reid, seconded by Waters, Resolution No, 14631 be appted. (Planning Director Gerschler returned to the Council Chambers at 9:17 p.m.) Carried by unanimous vote. RESOLUTION NO. 10,632, "RESOLUTION RECOMMENDING SUPPORT FOR PROPOSITION #2, PRIMARY ELECTION BALLOT JUNE 6, 1972. Moved by Camacho, seconded by Reid, Resolution No. 10,632 be adopted. Councilman Pinson said he didn't think the Council should support something like this; this was up to the people and he thought they had a right to vote on it without any influence from this body. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. RESOLUTION NO„ 10,633, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Delta Park Investors,, Eta Street)." Moved by Waters, seconded by Reid, Resolution No. 10,633 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,634, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of Eta Street)." Moved by Reid, seconded by Pinson Resolution No. 10 634 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,635, "RESOLUTION WAIVING REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER AND SIDEWALK AT THE NORTHEAST CORNER OF CYPRESS STREET AND SWEETWATER ROAD (Armstrong)." Moved by Waters, seconded by Camacho, Resolution No. 101635 be ado. p� ted. Carried by unanimous vote. RESOLUTION NO. 10,636, "RESOLUTION WAIVING REQUIREMENTS FOR INSTALLATION OF ALLEY IMPROVEMENT AT 2236 E. 18TH STREET (Kenneth J. Winters)." Moved by Camacho, seconded by Reid, Resolution No. 10t636 be adopted. Carried by unanimous vote. 4/18/72 139 INTRODUCTION OF ORDINANCES ORDINANCE ND. 1305, "An Ordinance Amending Ordinance 1224 to Delete Mobile Home Parks As a Permissible Use in the TCR--PD Zone," was presented for first reading. Moved by Camacho, seconded by Waters, the first reading of Ordinance No. 1305 be by title. Carried by unanimous vote. The title was read. CITY ATTORNEY McLEAN said they would Ordinance of the City Council of the Amending Ordinance 962, Z C..89.-71, to Recreation Planned Development Zone, side of the 3900 block of Sweetwater REPORT OF CITY ATTORNEY - No report. REFERRALS not present Ordinance No. 1306 ("An City of National City, California, prezone to TCR-PD, Tourist, Commercial, property located on the northerly Road") which was listed on the agenda. Copy of a communication from the CITY MANAGER to Mr. & Mrs. William H. Murphy, 2509 E. 13th Street, dated October 19, 1971 was presented. Ordered filed d by unanimous vote. (City Attorney McLean left the Council Chambers at 9:20 p.m.) UNFINISHED BUSINESS Council considered the request of TERRY G. CRITCHFIELD for an on -sale beer license (subject to conditions) at 819 National Avenue, dba Sampaguita Restaurant. MR. TERRY G. CRITCHFIELD, 4767 Guymon Street, San Diego, was present and said he did withdraw his application for an off sale beer license as per the advice of Mr. Kesser of the ABC Board; he suggested he withdraw his application until he got this matter cleared through the National City Council. Mr. Critchfield said as requested by the City Council on April 4 he brought a brief sketch of the floor plan of the Sampaguita Restaurant and also a copy of their menu (City Attorney McLean returned to the Council Chambers at 9:22 p.m.); he was now requesting an on -sale beer license that would carry the following restrictions as stated before: (1) That no live entertainment be allowed to be performed in or upon the premises, and (2) That the sale of beer be in conjunction with and incidental to the sale of food; he would like to point out again that the sale of beer was very much in conjunction with the sale of Filipino food of which he was specializing; he would respectfully request the City Council reconsider the previous denial of his request for on -sale beer license. Moved by Waters, seconded by Pinson, this be delayed for one week and refer this gentleman to the Planninr�. staff to look over the plans and the recommendation of staff be returned. City Attorney McLean said it was in order now to get a new report from the Chief of Police. Carried by unanimous vote. The agenda listed Council consideration of tentative development plans for a proposed 15-unit apartment complex at 234 "D" Avenue, Emil H. Bushert. City Clerk Minogue reported receipt of a letter from Mr. Bushert requesting this item be removed from the agenda. Moved by Camacho, seconded by Reid, this item be removed from the agenda. Carried by unanimous vote. The Council considered the application for Zone Change ZC-.1--72 to prezone to TCR-PD (Tourist, Commercial, Recreation Planned Development Zone) the property located at the northeasterly corner of Bonita Rd. and Bonita Mesa Rd. and easterly of Bonita Mesa Rd. to the southerly line of Bonita Golf Course. City Clerk Minogue stated the Planning Commission recommended denial after the public hearing February 28. Moved by Waters, seconded by Pinson, Zone Change ZC-1-72 for TCR--PD be denied as recommended by the Planning Commission. Carried by unanimous vote. NEW BUSINESS 4/18/72 140 (a) A communication from the PROGRAM MANAGER, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, enclosing (b) a letter from SAMUEL C. JACKSON, ASSIS- TANT SECRETARY, COMMUNITY PLANNING & MANAGEMENT, sent to all mayors of communities having an active workable program due for recertification this calendar year or early in 1973 was presented. Ordered filed by unanimous vote. Copy of a communication from DIVISION OF HIGHWAYS to the City Engineer advising that the most recent General Plan Estimate of National City's participation in Bridge No. 57-7952 ( Tidelands Ave. Rt. 54) is $330,000 was presented. Ordered filed by unanimous vote. A copy of communication from the CHIEF ADMINISTRATIVE OFFICER to the Board of Supervisors recommending the Board to indicate its general will- ingness to participate with the City for construction of a public works center and a community center and authorize the Chief Administrative Officer to negotiate with the City for a Joint Powers Agreement to be submitted to the Board was presented. Moved by Waters, seconded by Reid, the recommen elation be pp oved. Mayor Morgan asked the City Manager if that authorized him to go ahead. City Manager Osburn replied he would assume that would authorize him to go ahead with the Joint Powers Agreement. Carried by unanimous vote. A communication from the PRESIDENT, CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION, enclosing (attached) press material dealing with a joint California -Nevada water control conference at South Lake Tahoe May 3-6 was presented. Ordered filed by unanimous vote. A communication from the CHIEF, COUNTY AIR POLLUTION CONTROL SERVICE, advising they have passed two new rules which will affect all service stations and associated support facilities in the County was presented. City Manager Osburn said this had been referred to the various departments that were interested in it. Ordered filed by unanimous vote. A communication from the DIRECTOR, COMMUNITY RELATIONS, KPBS-TV (public broadcasting) requesting consideration of two requests in negotiations with Mission Cable TeatilliretalalOr Osburn said they want a higher number on the dial and he had discussed this with Mr. Williams and he assured him there was no problem; there was some new equipment that will blot out the interference they were having. Moved by Waters, seconded by Camacho, the communication from the Director of Communit Relations , KPBS-TV be_ate. pro_v_ed. Carried by unanimous vote. (a) Communication from the Clerk of the Board of Supervisors to the Chief Administrative Officer stating the Board of Supervisors referred to him a letter from Supervisor Walsh urging support of AB 584 - deleting south portion of. Freeway Route 125, for report; (b) a communication from Super- visor Walsh to the City Council requesting support of AB 584 were presented, City Clerk Minogue read a copy of a letter from Mayor Morgan to Assemblyman Wadie P. Deddeh, dated April 7, 1972, asking what Assemblyman Deddehts thoughts were on setting land aside for a natural park until the state was ready to use it for proposed Freeway 105 that goes by Sweetwater Lake and into Brown Field and installing bicycle trails throughout. The City Clerk also read a letter from Assemblyman Deddeh to Mayor Morgan, dated April 12, 1972, stating he was very much impressed by the suggestion and would investigate the possibility. Moved by Waters, seconded by Pinson, the request of Supervisor Walsh to the City Council be approved in support of AB 584. Motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Moved by Reid, seconded by Camacho, this City go on record supporting that portion of 125 not be Belted. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Waters. Abstaining: Morgan. A communication from the CITY MANAGER making recommendations on the League of California Cities Legislative Bulletin No. 5, dated April 7, was 4/18/72 141 presented. Moved by Morgan, seconded by Reid, the Manager's recommendations be approved on all the recommendations_ he made* * Frank Cheneile recommended SB 116 be taken away from the recommendations due to the fact the bill will be retracted within the next couple of days if 454 gets to the Senate; he would like to have 454 given a chance; all he was asking was they delete 116 from their recommendations. Moved by Waters, seconded by Pinson, the motion be amended to delete SB 114. Amendment to the motion carried by unanimous vote. Original motion carried by unanimous vote. A communication from the CITY MANAGER requesting permission for annual bids for tires and asphaltic concrete and the request of the Director of Public Works in regard to annual bids were presented. Moved by Waters, seconded by Camacho, the City Manager's recommendation be approved on the bids for tires and asphaltic concrete. Carried by unanimous vote. A communication from the CITY MANAGER stating he has received a communica- tion (attachments a & b) from MAAC in regard to the City's furnishing transportation for the MAAC Youth Program (6 trips during the summer months) was presented. Moved by Waters, seconded by Camacho, the MAAC Youth Program request be approved. There was discussion. Moved by Reid, seconded by Waters, they table this for one week here for a report from the City Manager. Carried by unanimous vote. A communication from the MANAGER, CHAMBER OF COMMERCE, stating the Executive Committee recommended the Chamber not be involved in Christmas decorations this year was presented. Moved by Waters, seconded by Reid, the request the Chamber of Commerce Manager be approved. Carried by unanimous vote. MRS. LORNA HARRIS 7183 E. 8th ��wasglad � Street, present and said she was they did take the Executive Committee's recommendation; she would be glad to work with the City to help with decorations in any way. A communication from the PRINCIPAL, CENTRAL SCHOOL, requesting help with the 8th Street and "E" Avenue school crossing was presented. Moved by Waters, seconded by Reid, this request be referred to the Traffic Safety Committee. City Manager Osbun said they were working on it now; the police and Mr. Newberry are both involved in it; he thought they will have a recommendation by next week. Councilman Reid asked the City Manager to have them check the school at "L" and 8th and the school over at Harbison on 8th Street; this was all of the same traffic; there was as much goes down to these streets as there does at 8th and "E". Included in motion and second. Carried by unanimous vote. (a) A communication from the Chairman, 25th Annual Maytime Band Review, requesting equipment needed for the Maytime Band Review on Saturday, May 6, and that the judging area be roped off and that competition markings be painted on the street, (b) requesting the use of Kimball Community Building Annex and kitchen facilities and that the fee be waived, and (c) a map of the parade route were presented. Moved by Waters, seconded by Reid, the sguest of the Chairman of the 25th Annual Ma time Band Reviet_v be approved. Carried by unanimous vote. A communication from the EXECUTIVE ASSISTANT 10 THE COUNTY SUPERVISOR, 2ND DISTRICT, stating the 22nd annual Scout Fair will be held at. the Del Mar Fairgrounds Saturday, May 6, and requesting Council's assistance in the promotion of this event by adopting a resolution was presented.% City Clerk Minogue stated this item was taken care of under "Council Communi- cations" with the adoption of a proclamation. A communication from the SAN DIEGUIIO JUNIOR CHAMBER OF COMMERCE announc ?9 the Southern California Jumping Frog Championship at the Del Mar Fairgrounds Sunday, Apri. 30, and enclosing a fact sheet in regard to the 19th Annual Jumping Frog Jamboree, and a proposed proclamation were presented. Ordered filed ,,, by unanimous vote. A communication from the CITY CLERK OF OCEANSIDE enclosing Oceanside's Resolution No. 72-55 authorizing the entering of agreements for joint 4/18/72 142 purchases with other governmental agencies listed herein were presented. Moved by Reid, seconded by Waters, the City Manages to come back with a report pn this. Carried by unanimous vote. The minutes of the regular meeting of the BOARD OF DIRECTORS OF THE SOUTH 'BAY IRRIGATION DISTRICT on March 7, 1972 and the minutes of the regular ineeting of the GOVERNING BOARD OF THE SWEETWATER AUTHORITY on March 8, 1972 were presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER attaching the minutes of the Library Board of Trustees on April 15 and stating he has no objection to any of the actions taken except that the last item of budgeting for two full time custodians should be referred to the Finance Committee was presented. Moved by Waters, seconded by Reid, the it Manner's recommendation be approved. Carried by unanimous vote. Step increases for eligible employees, approved by department heads and City Manager for Robert Crawford and Ronald Willis, Police Department; R. A. Bigbey, Park & Recreation Department; and Marie Mounts, Library, were presented. Moved by Camacho, seconded by Reid, they approve these step increases for eligible employees. Carried by unanimous vote. A communication from the CITY MANAGER filing three items with the City Clerk (No Council Action Necessary): (1) Renewal of Excess Liability Policy No. XEL 011043 from Creaser & Price Insurance Co., 406 3rd Avenue, Chula Vista, covering the City and the Redevelopment Agency of National City; (2) Letter from San Diego County Water Authority dated 4/3/72, enclosing tabulations showing changes in quantity of water store in San Vicente Reservoir as of 3/31/72, and average monthly water deliveries in c.f,s. by Authority to member agencies for fiscal year 1971-72; (3) 1971 33rd Annual Report of the Metropolitan Water District of Southern California was presented. A communication from MRS. DALE HDLTHAUS requesting permission to appear before the City Council to discuss project (small stickers to be placed on telephones showing the emergency telephone numbers of the Police and Fire Departments and the Poison Information Center) and requesting $30 toward the cost was presented. Moved by Waters, seconded by Pinson, the recom- mendation of Mrs. Dale Holthaus be approved. MRS. MARY HDLTHAUS,, 1233 Palmer Way, was present and said she had already raised $45 toward this project with the total cost being $75, and her request from the City of National City was $30; the center was opened January 31 of this past year; they only have one other within the State of California which is in Los Angeles; Los Angeles will supply information if you call the Poison Control Center to doctors only. Mrs. Holthaus discussed various ways of getting these stickers to the people. Carried by unanimous vote. A communication from the DIRECTOR OF PARK & RECREATION DEPARTMENT in regard to rock concert in the Memorial Bowl, Sunday, May 7, was presented. Councilman Reid inquired if this was referred to the Chief of Police. City Manager Osburn said it was referred to Chief Liesman; he thought they could control it with a couple men. Moved by Waters, seconded by Camacho, the rock concert be approved to be held in the Memorial Bowl Sunday, May 7. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. A communication from the CITY MANAGER in regard to communications from three employee associations ("Attach. a", communication from Municipal Employees Association in regard to the Memorandum of Understanding for the year 1972 and "Attach. b", copy of the Miles Mylias Brown Act) was presented Ordered filed by unanimous vote. REPORTS CITY MANAGER OSBURN -- no report. 4/18/72 143 A Planning Department transmittal in regard to Council review of tentative development plans for a 10-unit apartment complex at 1919 E. 17th Street (Glen E. Thomas) was presented. Planning Director Gerschler said Council had their report and the map was on file. Councilman Pinson said he was wondering about that density there; would he comment on the density. Plan- ning Director Gerschler said the plans show a density of 43 units per acre; the General Plan outlines 16-30 units per acre, so on that basis this would be three units on the proposed development would have to be dropped to bring it within the density guideline. Mayor Morgan asked if they had the open space. Planning Director Gerschler said this has 10 units with 1168 sq. ft. of useful open space, excluding the recreation room; this is a total of 116 sq. ft. of useful open space per dwelling unit plus the recreation room. Vice Mayor Waters inquired if this was being developed along in with the unit. Planning Director Gerschler said it was. Moved by Waters, seconded by Pinson, the development plans for a 10-unit apartment complex at 1919 E. 17th Street Glen E. Thomas, be approved. Mayor Morgan said while they were studying the General Plan, when they do something like this, they have to go back and at some later date correct the General Plan; he was going to get harder himself and tougher on getting this General Plan in line with what was recommended by people who studied this and which they paid good money for. Carried by unanimous vote. The Planning Department transmittal in regard to application for Residential Planned Development Permit No. 42 for the proposed 24-unit apartment complex, north side of 18th Street, 661 west of Rachael Avenue (Bill Webb) and stating the Planning Commission recommends approval subject to 14 conditions of staff was presented. Vice Mayor Waters asked the Planning Director if these 14 conditions of staff were discussed with the individuals and were they in agreement. Planning Director Gerschler said they were advised of them at the time of the hearing by the Planning Commission and they heard no objection. Moved by Waters, seconded by Reid, Penult No. 42 be approved for the 24-unit apartment complex, north side of 18th Street, 66' west of Rachael Avenue, Bill Webb. Carried by unanimous vote. The Planning Department transmittal in regard to the application for exemp- tion from installation of sidewalks at 1640 Tidelands and stating the Planning Commission recommends approval subject to staff's recommendation was presented. Planning Director Gerschler said the Planning Commission's recommendation was based on the City Engineer's suggestion that it was impractical to install all of the curbs at this time; they have recommended that those curbs that can be installed practically be done at this time. Moved by Waters, seconded by Camacho, Item "C", installation of sidewalks at 1640 Tidelands be a roved and su rt the Plannin Commission and staff's recommendation. Carried by unanimous vote. The Planning Department transmittal in regard to the application for defer- ral of sidewalk at 525 Rachael and stating the Planning Commission recommend; deferral for one year was presented. Planning Director Gerschler said the Planning Commission recommended that the deferral be granted subject to the filing of a covenant and a ones -year time limit; the City Engineering Depart- ment recommended that the application be granted with a 10-year extension. Councilman Camacho inquired why the 10-year limit, Planning Director Gerschler replied as he understood it it was to allow them to pay off an existing 1911 Act which they now have on the property. Moved by Reid, seconded by Camacho, the Cit En ineer's recommendation be a roved the have this time limit as lon as the si n a covenant runnin with the land. Carried by unanimous vote. ARMANDO TONY GARCIA, 525 Rachael Avenue, was present tO thank the Council. PLANNING DIRECTOR GERSCHLER said he placed on Council's desks a transmittal of plans for a project of 96 units for B.L.B. Enterprises between 17th and 18th Streets east of Faim Avenue; the Council has their analysis and their report. 4/18/72 144 BENEDICTION The benediction was given by Gene Beauzay, Chaplain, American Legion. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:57 p.m. City Clerk Cit of National Cit California The foregoing minutes were approved by the City Council of National City at the regular meeting of April 25, 1972. LJ .1.{.111110.11111110S. No Corrections Correction as noted below Mayor, City o a ional City, California 4/18/72