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HomeMy WebLinkAbout1972 06-13 CC MIN209 MINUTES OF :THE REGULAR MEETING OF THE CITY COUNCIL L OF THE CITY OP NATIONAL CITY* CALIFORNIA June 13, 1972 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Vice Mayor Reid. ROLL CALL Council members present: Camacho, Pinson, Waters, Reid. Absent: Morgan. Administrative officials present: Biggs, 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 the Reverend Alien Meredith, First Christian Church.. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of ,tie adjourned,meeting of May )3, 1972 be approved. Carried by unanimous vote. Absent; Morgan. COUNCIL COMMUNICATIONS COUNCILMAN WATERS asked the City Manager about a copy of a letter to the Engineering Department which he received; '75% of the property owners on 4th Street between Rachael and Harbison expressed their desire to install curbs and sidewalks in order to receive the benefits of blacktop furnished by the City. Councilman Waters said he understood that Council adopted a policy of installing blacktop when there is 100% signed in the neighborhood to put in the sidewalks and curbs and gutters; he didn't think this policy was very good; when 75% of the people in that neighborhood want sidewalks and curbs and gutters so the City will blacktop the street; he thought they ought to change that policy; they ought to at least allow these people to proceed with their sidewalks, curbs, and gutters and the. City put the Street in in front of their places and let this one and only individual here who objects, let him then put his own in later if he wishes; they do this all the time with apartment builders; they put in their half a street; he didn't see why they should deny these people the right when all of them in this block want their street except one and they can't proceed unless that one agrees. City Manager Osburn said this was the Council policy; if they wanted to change it, it just took a motion by the Council; they could review each one of those. Moved by Waters, seconded by Pinson, they change that policy and that each item like this that comes along they judge it on its merits; that policy be changed to where if the people want to put in their sidewalks, curbs, and gutters they have the right to do so. There was discussion. City Attorney McLean said the people could initiate a 1911 Act and force the neighbor to participate. Vice Mayor Reid asked City Engineer Foster to look at that and have a report on it next Tuesday. Moved by Camacho, seconded by Waters, this item be tabled for one week. Carried by unanimous vote. Absent: Morgan. COUNCILMAN WATERS said several weeks ago he mentioned to City Planner for 6 long years they had been insisting that people landscape in front of their businesses and also keep them up; he was of the opinion they had some control; if the owners let this landscaping, etc. die in these Planned Developments, etc., they could do something about it; according to our City Planner there was nothing that could be done about it; he remembered a case, the City vs. Hanson (at 9th Street), whexe the City Attorney won the case making him keep up his l" dscapina etc. Councilman waters quoted 6/13/72 210 amendment to Ord. 962, Section B. Councilman Waters said he understood that to mean they had control. Vice Mayor Reid asked the City Attorney to look that up. City Attorney McLean said he would be happy to. Vice Mayor Reid asked hiss to give them that information next week. COUNCILMAN PINSON said he would like to see something done about completing Kimball Bowl. Moved by Pinson, seconded by Waters, they see a cost estimate of what it would take to complete the Bow]... put the extra wings on it that, was necessary, and that this be referred.. to the Finance Committee for a project for next , y.,eaF. Carried by unanimous vote. Absent: Morgan. ORAL C MICNICATIONS - None. ADOPTION OP RESOLUTIONS Moved by Camacho, seconded by Waters, the reso utions be read by title.. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 10,687, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Ralph L. and Edithe R. Mitchell)." Moved by Camacho, seconded by Waters, Resolution Not 10,687 be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 10,688, "RESOLUTION ESTABLISHING EUCLID AVENUE UNDERGROUND UTILITY DISTRICT NO. 3," Moved by Pinson, seconded by Camacho, Resolution No. 10,688 be adopted, Carried by unanimous vote* Absent: Morgan. RESOLUTION NO. 10,689, "RESOLUTION ESTABLISHING NATIONAL AVENUE UNDERGROUND UTILITY DISTRICT NO. 4 (NATIONAL AVENUE BETWEEN 21th AND 16th STREETS). Moved by Waters, seconded by Camacho, Resolution No. 10,689 be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 10,690, "Resolution Prohibiting City Employees and Members of the Immediate Families of City Employees from Acquiring Any Property from the City by Auction or Sale or Otherwise." Moved by Waters, seconded by Reid, Resolution No. 10,690 be adopted. There was discussion. Motion fai led by the following vote, towit: Ayes: Waters. Nays: Camacho, Pinson, Reid. Absent: Morgan. INTRODUCTION OP ORDINANCES ORDINANCE NO. 1316, "AN ORDINANCE AMENDING ORDINANCE 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY TO REQUIRE CONDOMINIUM AND COMMUNITY APARTMENT PROJECTS TO COMPLY WITH THE RESIDENTIAL PLANNED UNIT DEVELOPMENT STANDARDS OP ORDINANCE 1116 AND ADOPTING THE SAME AS AN URGENCY ORDINANCE," was presented. Moved by Camacho, seconded by Waters, the. ordinance be read by title. Carried by unanimous vote. Absent: Morgan. The title was read. There was discussion. Moved by Camacho, seconded by Pinson, Ordinance No. 13161e adopted. Carried by unanimous vote. Absent: Morgan. ADOPTION OF ORDINANCES ORDINANCE NO. . 1315, "AN ORDINANCE A/ENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, TO ESTABLISH DEVELOP. MENT STANDARDS AND REQUIREMENTS POR SIGNS WITHIN THE CITY," was presented for second reading. Moved by Camacho, seconded by Waters, the ordinance be read by title. Carried by unanimous vote. Absents Morgan. The title was read. Moved by Pinson, seconded by Reid, Qrdinanck No. 1315 be adoo to t. Carried by unanimous vote. Absent: Morgan. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said the property at 1440 Harding Avenue was in a dangerous condition and presents a threat to the public safety; the Pire 6/13/72 211 Department and the Building Department have attempted to achieve corrections from the owner of same; their efforts have been a complete waste of time; he recommended the City institute a civil suit to force the property owners to comply and they institute a criminal suit against them as well. Moved by Pinson, seconded by Camacho, the property at 1440 Harding Avenue, the City Attorney be instructed to institute civil and criminal charges against this 1440 Harding Avenue proper. Carried by unanimous vote. Absent: Morgan. CITY ATTORNEY McLEAN said the adoption of the Multiple Residential Develop- ment Standards ordinance revoked outstanding building permits that were contrary to that ordinance; they recently discovered a project on E. 18th St., the building permit for which had been issued in January and which would not comply with the new standards; the Building Department has put a stop notice on the work which has started already; Planning and Building Departments have investigated to see how far along the construction has progressed and what events have occurred as far as reliance by the owners on the permit of which they did have properly issued to them and to report this matter to the Council so the Council could decide whether or not they wanted to attempt to force a stopping of the present construction or if they felt things had gone so far it would be improper to attempt to stop the work. Planning Director Gerschler reported in December and January they checked the plans for a 7-unit apartment house at 1237 18th Street; because it was a 7-unit apartment house and didn't fall within the Council's policy of reviewing projects of 10 units or more, it was handled at staff level; on January 28, finding that the project did conform to all the codes in effect at that time, a building permit was issued; the urgenfim ordinance requiring compliance with Ordinance 1306 was adopted on May 8i8ontained a provision that outstanding building permits not conforming with 1306 were revoked; it was implied that any building permit, if substantial work had not been done, was revoked. Mr. Gerschler stated the City Attorney instructed Mr. Biggs that was the interpretation to be used and Mr. Biggs notified all the projects on record where no substantial amount of work had been done and their permits were revoked (there were about a dozen or fifteen of them); later it was discovered this permit issued January 28 had been overlooked; normally, that permit would have expired already and they wouldn't have an issue except that it also included some grading and some building which was in fact continuing and which kept the permit alive; as soon as this came to their attention the contractor was notified that his permit was revoked and his project was stopped; the question was then raised as to whether or not there had been substantial work done on the project at the time the ordinance went into effect. Mr. Gerschler said they were asking Council to make a finding as to whether or not substantial work had been done; the fact of the matter was that the Building Inspector made a very preliminary estimate of the value of the work done which exceeded $1,000 of actual work on the site; at a meeting held with Mr. McLean, Mr. Biggs, himself, the applicant and his attorney, they developed further facts that show there was about $5,000 in actual construction work includ- ing permits, plans, and other fees related to the actual work on the ground plus an alleged amount of near $5,000 for loan fees which were acquired; they have documents supporting these various things and they were part of the record for the file; it was their belief there has been a substantial amount of work performed on this project which would in their opinions relieve them from the stopping of their project; they do feel as Mr. McLean has said that this was not an administrative choice, but one that should be brought to the City Council for attention; they were recommending the Council make 4 finding that the project at 1237 18th Street had progressed to the point that excuses it from complying with 1312. There was discussion. Moved by Waters, seconded by Camacho, they allow the Progress Construction Co., 1237 18th Street, to proceed with the 7-unit apartment complex. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Reid. Nays: Pinson. Absent: Morgan. CITY ATTORNEY McLEAN reported in regard to the suit brought by Starfire 6/13/72 212 Homes concerning the proper application of multiple residential development standards and he was told last night that Judge Wilkie dismissed their case and sustained the Council's ordinances in that regard. HEARINGS The NEARING ON AMENDMENT TO ZONING ORDINANCE NO. 962 TO ADD PROVISIONS TO ALLOW DISMANTLING OF OLD AND WRECKED MOTORCYCLES POR THEIR PARTS AS AN I NDI CENTA . ACCESSORY USE TO A USED MOTORCYCLE PARTS BUSINESS WITHIN INDUS- TRIAL ZONES AND CONDITIONS RELATED THERETO was held at this time. City Clerk Minogue stated the Certificate of Publication of the notice of the hearing was on file. Planning Director Gerschler said there is an existing motorcycle sales shop, a retail motorcycles sales shop in the Southland Industrial Park and the owner and operator represented to the Planning Commission because of the increasing number of motorcycles which were no longer manufactured, there was a growing need for replacement parts that are no longer manufactured; they represented this as a business where they sell the secondhand parts in the same manner and same techniques as they sell new parts in any other kind of parts store; they indicated tthis o i was e he not a wrecking yard; the way they propose to operated wouldbe motorcycles apart and store the parts as though they were new parts with the usual method of inventory and send to the scrap yard what they were not using; the Planning Commission was concerned about allowing any sort of wrecking business; in his opinion, as this use was described, it wasn't a true wrecking business; it was not too much different than an automobile obsolete parts business which was in no way a wrecking yard; in any event, if they approve the amendment recommended by the Planning Commission, other provisions of the code would require that this use could only be conducted within a completely enclosed building; any used motorcycle parts businesses hereafter conducted in the City would necessarily have to be conducted inside a completely enclosed building; it was the single issue that led them to recommend in favor of the adoption of this amendment. There was dis- cussion. Councilman Waters inquired why they didn't suggest trying this out with a Conditional Use Permit instead of changing the whole zoning ordinance. There was further discussion. Planning Director Gerschler said they would have to amend the code to say that; if they wanted to change this amendment before them tonight to say by law this use was authorized subject to conditions of a Conditional Use Permit, they could add that requirement on this matter tonight; the staff had no argument with that. City Attorney McLean said he thought that was a more restrictive provision; he thought they could go ahead if they wanted to use Conditional Permits. No one was present in this regard. Moved by Waters, seconded by Pinson, the amendment to Zonin Ordinance 962 be a roved and one sti ulation be added that a Conditional Use Permit has to be ranted and a roved throu h Planning and Council. Carried by unanimous vote. Absent: Morgan. The HEARING ON AN AMENDMENT TO THE OFFICIAL ZONING MAP (2C..4 72) TO CHANGE ZONE CLASSIFICATION OF PROPERTY: (1) FROM C-3 AND M-2 TO TC-PD AREA BOUNDED BY NATIONAL AVENUE ON THE EAST, ROOSEVELT AVENUE ON THE WEST, 8TH STREET ON THE SOUTH AND DIVISION STREET ON THE NORTH; and (2) PROM M-2 TO COMMERCIAL ZONING AREA BOUNDED BY ROOSEVELT AVENUE ON THE EAST, 8TH STREET ON THE SOUTH, 7TH STREET ON THE NORTH AND I..5 ON THE WEST was held at this time. City Clerk Minogue stated the Certificate of Publication of the notice of the hearing was on file. Planning Director Gerschler said the proposed amendments were at City Council's request; the Planning Commission conducted investigations and held hearings and was recommending the zone change as stated on the agenda; they would note that this would bring the property into compliance with the General Plan consistent with AB 1301. There was discussion. Moved by Waters, seconded by Reid, the public hearing be closed and the official zoning map, ZC-4-72 to change the, zone classifi- cation to TC-PD between the area 5th and 7th and National and Roosevelt be, approved and the proposed zone change for the area. beyond that be dis- approved. Carried by unanimous vote. Absent: Morgan. The HEARING ON THE AMENDMENT TO GENERAL PLAN MAP 1985 TO CHANGE AND3USE 213 CLASSIFICATION ON CERTAIN PROPERTY: FROM "OPEN USES" TO "RETAIL, PERSONAL SERVICES AND REPAIR' AREA EAST OP I«.805,, SOUTH OP PROPOSED RT. 54, SOUTH.. WESTERLY OP SWEETWATER RD., AND NORTHWESTERLY OF BONITA MESA ROAD (BONITA GOLF COURSE) was held at this time. City Clerk Minogue stated the Certificate of Publication of the notice of the hearing was on file. Planning Director Gerschler said the Planning Commission was faced with the application of new State legislation adopted at the last legislative session referred to as 'AB 1301 which now requires the cities in California snake their zoning maps and their General Plans in harmony with each other; the Planning Commission has set a series of public hearings over the next several months to examine every part of the General Plan and the Zoning Map to make sure this harmony was achieved; the State legislation requires that this be all finished by January 1, 1973, so the schedule they have now set for hearing will mean they will now have an issue similar to this at nearly every Council meeting for the next three months; it does nothing more in this case than to amend the General Plan to make it agree with the Zoning Map; apparently, the entire issue of the proper use of this property was thoroughly aired and discussed at the time they amended the zoning map and needs to be nothing much more than a housekeeping job to bring the General Plan up with compli- ance of what the Council has already decided; they recommend the Council adopt this cange. No one was present in this regard. Moved by Waters, seconded by Camacho, the General plan ,Map 1985to.change land use CCassi.. fication on certain property: from "open uses" to "Retail, Personal Services and Repair" area east of Is405 be approved. There was discussion. Carried by unanimous vote. Absent : Morgan,. The HEARING ON THE PROI SED ZONE VARIANCE Z.1-.72 (VARIANCE FROM PROVISION PROHIBITING AUTOMOBILE STORAGE SPACES WITHIN REQUIRED FRONT YARD SETBACK, TO PERMIT OFF«STREET PARKING WITHIN THE FRONT YARD SETBACK - 1600 AND 17O0 BLOCKS OF GSA STREET) was held at this time. City Clerk Minogue stated a communication from Councilman Camacho (endorsed by Mr. and Mrs. Melchor C. Solon) stating the applicants wish to protest the Planning Commission's decision and the Certificate of Publication of the notice of hearing were on file. The City Clerk said she also received a petition from people living within the area stating that they do not protest the granting of this variance. Planning Director Gerschler said this was a case where the Planning Department staff recommended to the Planning Commission that the variance be allowed on the basis that the two blocks, 1600-1700 blocks of Gamma Street were unique; the properties were built with garages attached in such a way it was literally impossible to get access to the rear yards and unless the variance was granted, there was no practical way of enlarg- ing the sizes of the houses; the neighborhood, on the other hand, by inspection will show there are large families in the area and that the only reasonable way they have of converting the property was by the use of the existing enclosed garage and the replacement of that parking space by an open parking pad in front of the building; the Commission took the attitude that the granting of this variance would establish a precedent that would apply in other sections of the City; the staff doesn't agree with that; they feel that the unusual problems of size, shape, terrain, location of [rM buildings on the lot, within these two blocks are unique and that they could support a variance for these blocks without establishing a precedent that would have to apply in other sections of the City; if the variance vas denied, a couple of conditions will persevere; one was the fact that unfortunately over the years some conversions have been made without benefit of permits; he understood there were one or two cases where they were done years ago with benefit of permit, although the permits may not have been properly issued; secondly, they will stop the growth of this area which in his opinion and from his experience would have the effect of speeding up the condition of blight; by allowing the conversion of these properties and the added utility of these propeties by the granting of this variance, they could forestall blight; he thought that in itself was good cause for granting a variance although it doesn't precisely meet the criteria set up for granting variances in the code; the property owners in the area, the hearings by the Planning Commission, and numerous contacts by the staff . they have probably had more actual inquiry regarding this case than any 6/13/72 214 other zoning case he could recall here - but the staff have all supported the granting of the variance; they received no substantial opposition to it. There was discussion. Moved by Waters, seconded by Pinson, in favor of the variance,. Mr, and Mrs. Solon were present but did not address the Council. Carried by unanimous vote, Absent: Morgan. The HEARING ON THE AMENDMENT TO THE OFFICIAL ZONING MAP TO PREZONE TO TCR- PD PROPERTY IN AN UNINCORPORATED AREA OF THE COUNTY PROPOSED FOR ANNEXATION TO NATIONAL CITY (ZC..89.»71 - REINER ANNEXATION) was held at this time. City Clerk Minogue stated the Certificate of Publication of the notice of hearing was on file. Planning Director Gerschler said this matter had been before them on several previous occasions; it was discussed when the annexation matter was brought to their attention; the Council received the Planning Commission's favorable recommendation on this; as a matter of fact, the Council had gone so far as to order the preparation of an ordinance that would accomplish this zone change; they checked the files at the last minute and found that the necessary notice of the public hearing by the City Council had not been held; the matter before them tonight would correct that oversight and allow them to proceed with the matter they had in prin- ciple already approved. There was discussion. No one was present in this regard. Moved by Waters, seconded by Pinson, hearing be closed, and the Reiner Annexation be prezoned TCRIPD. Carried by unanimous vote. Absent: Morgan. REPORT OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 24, 931.52 Traffic Safety 5,326.00 Park 1,908.69 Retirement 23,386.26 Gas Tax 2106 13,152.88 Plaza Blvd. 85,845.26 Special Street 4,874.47 Drainage 6.00 Sewer 752.17 Total $160,183.25 Moved by Reid, seconded by Waters,,these bills be aid and warrants drawn Carried by the following vote, to -'wit: Ayes: Camacho, Pinson, Waters, Reid. Nays: None. Absent: Morgan. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $127,958.26 was presented. Moved by Camacho, seconded by Waters, this, payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Reid. Nays: None. Absent: Morgan. REFERRALS A communication from the CITY MANAGER recommending National City not establish an indigenous Human Relations Commission but to sign the San Diego County Joint Powers Agreement which establishes and governs the Countywide Human Relations Agency, and a list of source material for the Human Relations Commission Study were presented. Moved by Pinson,, seconded by Waters, the Human Relations Commission not be establi hed. Carried by unanimous vote. Absent: Morgan, UNFINISHED BUSINESS A communication from the CITY MANAGER recommending the City purchase right- of-way from Mr. Fish for Eta Street east of Highland Avenue (Cost to City estimated at approximately $11,000) pending bid on construction was pre- sented. Moved by Waters, seconded by Pinson, the City, Manager's recommendation be approved they purchase the ri . ht-of--wa a the re # uest 6/13 72 215 of Mr. Fish and the staff's recommendation. Carried by unanimous vote. Absent: Morgan. NEW BUSINESS The CITY CLERK'S report on the opening of sealed bids for tires for trucks and passenger cars (Firestone, Montgomery Ward and South Bay Tire), Certificate of Publication and Posting on file, and the recommendation of the DIRECTOR, DEPARTMENT OF PUBLIC WORKS, the South Bay Tire Co. (the low bidder) be awarded the contract for the ensuing year were presented. Moved by Waters, seconded by Pinson, the recommendation of the Director of Public Works be approved that the South Bay Tire Co. be awarded the contract for the year. Carried by unanimous vote, Absent: Morgan. The CITY CLERK'S report on the opening of sealed bids for paving asphalt (Daley Corporation -- 60/70 $9.00 ton, MC 800 $9.00 ton; Griffith Company .. 60/70 $8.15 ton for less than 100 tons per 8 hr. day, $7.65 ton for 100 to 199 tons per 8 hr. day, $7.15 ton for 200 tons or more per 8 hr. day, MC 800 $8.65 ton for 500 tons or more; Industrial Asphalt - 60/70 $8.25 ton, MC 800 $8.25 ton; V.R. Dennis Construction Co. 60/70 $8.00 ton, MC 800 $8.00 ton) , and recommendation of the DIRECTOR, DEPARTMENT OF PUBLIC WORKS, V.R. Dennis Co. be awarded the contract for the ensuing year were presented. City Clerk Minogue stated the Certificate of Publication and Affidavit of Posting were on file. Moved by Pinson, seconded by Camacho, the recommen- dation of the Director of the Department of Public Works be approved that V. R. Dennis Construction Co. be awarded the contract for avin as halt. Carried by unanimous vote. Absent: Morgan. A communication from the DIRECTOR, DEPARTMENT OF PUBLIC WORKS, regarding recalculated costs of paving 2" of A.C. Surfacing (where property owners pay for material only) was presented. Moved by Camacho, seconded by Reid, this item be filed. City Manager Osburn said it was going to cost them $595 to pave an alley; they were presently charging $300 for materials alone; the materials will now cost them $595 for a normal 20' alley for one block. There was discussion. Motion and second withdrawn. Moved by Camacho, seconded by Waters, they make the adjustment. City Manager Osburn said the property owner would have to pay just about double what he pays now; the City had been losing money for quite some time; before this they had brought this fact into the Council and they decided to continue charg- ing $300 for an alley; they were just letting the Council know this was the actual cost. Carried by unanimous vote. Absent: Morgan. (Planning Director Gerschler left the Council Chambers at 8:47 p.m.) Applications for personal transfer (dropping partner) of off -sale beer and wine licenses by: (a) JAMES R. SWANSON, dba 7-Eleven 2001-13559, 702 Highland Ave. s` (b) NETTIE M. & WILSON M. BASYE, dba 7-Eleven 2001-13562, 824 Palm Ave.; (c) ADAM L. & LILLIE R. PEARSON, dba 7-Eleven 2001-13564, 15 N. Euclid Avenue; (d) GARTH R. & MARC/LE L. BRUNSON, dba 7-Eleven 2001- 13574, 2335 Highland Ave.; (e) DOROTHY M. & WILSON ENGLISH, dba, 7-Eleven 2001-13583, 2425 Sweetwater Road; (f) ELECTOR L. PEARSON, dba 7-Eleven 2001-13561, 3440 E. 8th St., were presented. Moved by Camacho, seconded by Waters, all six of these transfers be filed. Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER attaching a communication from the STATE DEPARTMENT OF PUBLIC WORKS indicating that instead of receiving TOPICS funds, the City will receive Stated"washed" dollars was presented. Ordered filed by unanimous vote. Absent: Morgan. A communication from the CHAIRMAN, 25TH ANNUAL MAYTIME BAND REVIEW, express- ing appreciation for the City's cooperation and interest in this event was presented. Ordered filed by unanimous vote. Absent: Morgan. A communication from the DISTRICT ENGINEER, DIVISION OF HIGHWAYS, attaching a report regarding the review of the California Freeway & Expressway System 6/13/72 216 and Senate Resolution No. 49, 1969 Regular Session, Functional Classifi- cation Study of all highways, roads, and streets in the State, was City Manager Osburn said basically, he furnished the Citycopypresented. a of this study and thanked the staff for assisting him with the study; the study was on file with the City Clerk. Ordered filed by unanimous vote. Absent: Morgan. A communication from the LA MESA CITY CLERK attaching a copy of their resolution opposing Senate Bill 874 regarding City liability for the cost of repairs for which a building permit has been issued was presented. Moved by Pinson, seconded by Reid, this item be filed. Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER regarding licensing of persons handling or using pesticides and a communication from the COUNTY DEPARTMENT OF AGRICULTURE regarding same were presented. City Manager Osburn said they received a letter from the County that there was a possibility National City may have to have only licensed persons handle all pesticides and things of this sort; they were sending 4 men to this meeting to get the information as to whether or not they would have to license persons to handle this. Councilman Waters inquired what that would mean in cost to the City. City Manager Osburn said he didn't know yet what the license would consist of (Planning Director Gerschler returned to the City Council Chambers at 8:50 p.m.); if they have to send them to school, it will cost money, but if not, it wouldn't be very costly. Councilman Waters asked if these people would be using their knowledge to help the community in any way. City Manager Osburn said they may not have a choice as they may have to have someone who was licensed to handle it to come in and do all of their spraying for bugs, etc.; they wouldn't be doing it on private property; it was just for City property. Councilman Waters asked the City Manager if he could bring them more information back on this. Ordered filed by unanimous vote. Absent: Morgan. A communicationfrom the DIRECTOR, OFFICE OF EMERGENCY SERVICES, regarding into 270 (signed law by Gov. Reagan) which provides assistance in restoring public real property damaged or destroyed by natural disaster between 12/1/71 and 6/30/72 was presented. Ordered filed by unanimous vote. Absent: Morgan. City Manager Osburn said they have had no damage during this period. A communication from the CITY ENGINEER regarding traffic analysis of the South Bay Plaza vicinity and enclosing a copy of V.T.N.'s scope of work and preliminary proposal were presented. Moved by Pinson, seconded by Reid, the City go into a 50 50 partnership with the South Bay Plaza on this study if the South Bay Plaza will agree. There was discussion. Motion and second withdrawn. Moved by Waters, seconded by Reid, this Item No. 11, communication in regard to the South Bay Plaza and the eneral area in relation to traffic anal sis be laid over for one week to ive the City Manager an opportunity to confer with the South Bay Plaza owner. Carried by the following vote, to -merit: Ayes: Camacho, Waters, Reid. Nays: Pinson. Absent: Morgan A communication from the COUNTY ENGINEER giving the schedule for the proposed Euclid Avenue Underground Utility District was presented. Ordered filed by unanimous vote. Absent: Morgan. A communication from the MAYOR, CITY OF INGLEWOOD, regarding AB 2370, granting cities immunity from nuisance suits, and a copy of their resolu- tion urging defeat of AB 2370 were presented. Moved by Waters, seconded by Pinson in favor of the Mayor of the City of Inglewood urging support of AB 2370, Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER reporting receipt of information from the U.S. Department of Housing & Urban Development that National City is eligible for flood insurance under the National Flood and Insurance Act 6/13/72 *Corrected at regular meeting of 6/20/72 as follows: "Motion in regard to AB 2370 to read in support of AB 2370 and not in support of the City of Inglewood." 217 of 1968 was presented. Ordered filed by unanimous vote, Absent: Morgan. A communication from the CITY MANAGER regarding refund of monies ($12,661.08) from the Gas & Electric Co. was presented. Moved by Waters, seconded by Reid, this item be accepted and, they thank the Gas & Electric Co. Carried by unanimous vote. Absent: Morgan. A communication from the DEL CERRO JR. WC AN'S CLUB requesting a "no. fee" permit for a rummage sale 8/21/72 at the American Legion Hall, 35 E. 18th Street, proceeds to be used for philanthropic programs, the report of the Business License Clerk, and the License Collector's recommendation the request be granted were presented. Moved by Camacho, seconded by Waters, this request be granted for the rummage sale at the American Legion. Carried by unanimous vote. Absent: Morgan. A communication from the LUCKY 7 CITIZEN BAND RADIO ASSOCIATION, Chula Vista, requesting free use of the Memorial Bowl 7/23/72 to hold a picnic and dance to raise funds for Muscular Dystrophy Charity, and an executed Facility Use Permit Form for same were presented. City Manager Osburn said it will cost the City $120 to set this up for this event; it was no doubt a good cause, but the City would be contributing $120 if they do it. Vice Mayor Reid asked what the City Manager's recommendation was.. City Manager Osburn recommended they be charged $120; maybe they would want to move into the Community Building where it was cheaper than this, to hold their dance. Moved by Waters, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER recommending denial of the request for a contribution to "Amigos de las Americas" of San Diego, Inc., a communication from Colleen Lafferty and Linda Marie Tancil requesting dona- tion, and attachments, were presented. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved for denial of this request to contribute to Amigos de las Americas. LINDA TANCIL, 2923 Prospect Street, and COLLEEN LAFFERTY, 3243 Alta Drive, were present and said they talked to Mr. Morgan in the beginning and they talked to Mr. Waters, too, to get the Amigos publicized; they wanted to let the council- men know about it and ask for personal contributions; they began by contacting Mr. Morgan in January. There was discussion. Motion and second withdrawn. Moved by Waters, seconded by Reid, this item be laid over one week until the next regularly scheduled .meeting, next Tuesday night. Carried by unanimous vote. Absent: Morgan. A communication from the FIRE CHIEF stating the National City Building & Housing Advisory & Appeals Board recommends an ordinance adopting by reference the Uniform Fire Code, 1971 Edition,, and a copy of the proposed ordinance were presented. Moved by Waters, seconded by Camacho, the Fire Chief's recommendation be approved and referred to the City Attorney for preparation of an ordinance. Carried by unanimous vote. Absent: Mo rgan . A communication from the CITY MANAGER recommending the claim of Jean Ramon Gentry and Ruby Jean Gentry, 3440 Palza Boulevard, against the City be denied and referred to the City Attorney, and a copy of the claim, were presented. Moved by Camacho, seconded by Reid, the City Manager's recom- mendation be approved this be sent to the City Attorney' s office for further processing. There was discussion„ Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Waters. Absent: Morgan. A communication from the CITY MANAGER recommending the claim of David Ray Vasquez, 239 W. 18th Street be denied and referred to the City Attorney, and copy of the claim, were presented. Moved by Camacho, seconded by Pinson, the City Manager's, recommendation to deny the claim of David Ray Vasquez be approved and it be referred to the City Attorney. Carried by unanimous vote. Absent: Morgan. 6/13/72 218 Communications from the CITY MANAGER making recommendations regarding League of California Cities Legislative Bulletins: (a) Bulletin No. 10, dated 5/25/72 and copy of Legislative Bulletin; (b) Bulletin No. 11, dated 6/5/72 and copy of Legislative Bulletin, were presented. City Manager Osburn said the first item was the Subdivision Act; they have already supported the Subdivision Act; the next is Campers and House Trailers; they have already recommended this be denied. The City Manager recommended they do take an action against the Brown Act; no action on Airport User Fees; no action on the Freeway Agreements; opposing the Joint Powers Financing, (AB 1817) this bill would make it obligatory to go to vote by referendum on Joint Powers Financing. There was discussion. City Manager Osburn said he had no recommendation on Item 7, Health Facilities; (allows a mental institution to go in the same zoning as any other hospital within a community). There was further discussion. Moved by Reid, seconded by Waters, the City Manager's recommendations be approved on these bills. Moved by Waters, seconded by Pinson, the motion be amended to oppose AB 284, Health Facilities, on behalf of the public. Amendment to the motion carried by unanimous vote. Absent: Morgan. Original motion carried by unanimous vote. Absent: Morgan. City Manager Osburn said in regard to Bulletin No. 11, dated June 5, 1972: they have already supported Liability of Public Entities, Nuisance, Moratorium; they have already opposed AB 2370 (municipal liability for residential construction). The City Manager recommended opposing AB 681, Environmental Quality, State Control of Land Use (establishing a State Environmental Quality Board and creating 8 full- time regional Environmental Quality Boards; and abolishing the office of planning and research, State Air Resources Board, State Water Resources Control Board, Regional Water Quality Control Board, and Air Pollution Control Districts, etc.). Moved by Waters, seconded by Camacho, they, oppose AB 681* Carried by unanimous vote. Absent: Morgan. City Manager Osburn recommended opposing AB 1288, Prevailing Wages, requiring public agency contractors using "service employees" (watchman, guard, doorman, fulding cleaner, porter, handyman, janitor, gardener, groundskeeper, fireman, elevator operator and starter, and window cleaner, etc.) to pay a wage of not less than the prevailing wage in the locality for the craft, trade, or occupation of the service employee; he thought this was the contractor's responsibility. Moved by Waters, seconded by Pinson, the Cit Mana eras recommendation be a oved the o se AB 1288. Carried by unanimous vote. Absent: Morgan. City Manager Osburn recommended opposing mandatory election on Joint Powers Agreements; supporting AB 974 (County Services, Costs Paid by Beneficiaries) basically when an area within a county was getting a special service, the county would set up a special service area for those receiving the special service and they pay for it; it doesn't become a tax on the General Fund. There was discussion. Moved by Pinson, seconded by Waters, the City Manager's recommendation be approved they support AB 974. Carried by unanimous vote. Absent: Morgan. City Manager Osburn said SD 1101 was a rather unique bill (Taxation of Residential Construction) and he was sorry that the bill had been dropped, City Manager Osburn recommended opposing SB 1405 (gross license on vending machines). There was discussion. Moved by Reid, seconded by Camacho, the City Manager's recommendation be approved on SB 1405. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Waters. Absent: Morgan. City Manager Osburn requested additional time on a recommendation on AB 515 (Emergency Telephone Number - "911") this requires every public agency, to set up a dial system with one number for any call requiring help, ambulance, police, or fire; they have been working on that in the San Diego area; San Diego has looked into it; the last answer they got from the telephone company was it didn't appear it could be done to the boundaries, etc. of the various cities. Moved by Waters, seconded by Reid, this item be laid over and a report be brought back when the City Manager has his report complete. Carried by unanimous vote. Absent; Morgan. The Minutes of the PARK & RECREATION ADVISORY BOARD meeting of May 25 was presented. Ordered filed by unanimous vote. Absent: Morgan. 6/13/72 219 A copy of a communication from PATROLMAN P. R. MILLIGAN submitting his resignation from the Police Department, effective 6/16/72 was presented. Moved by Waters, seconded by Pinson, Mr,,, Milligan's request be approved he be, able to resign on 6/16/72. Carried by unanimous vote. Absent: Morgan. A communication from the ASSISTANT CITY MANAGER regarding retroactive wage payments, Phase I of the Wage and Price Freeze (8/14/71-11/1/71) was presented. Moved by Waters, seconded by Camacho, the Assistant City Manage r' s request be approved they al low to pay the wane payments... Carried by unanimous vote. Absent: Morgan. 4 A step increase for an eligible employee, approved by the department head and City Manager, for ADELINE VIGELIS, Library, was presented. Moved by Camacho, seconded by Reid, this increase for Adeline Vigelis of the Library be approved. Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER filing 5 items with the City Clerk (No Council Action Necessary): (1) Letter from the San Diego County Water Authority, dated 6/1/72, enclosing tabulations showing changes in quantity of water stored in the San Vicente Reservoir as of 5/31/72, and average monthly water deliveries in c.f.s. by Authority to member agencies for the fiscal year 1971-72; (2) Minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District, dated 5/2/72; (3) Letter from the San Diego County Water Authority, dated 5/16/72, Subject: Water Quality of Water Delivered from the San Diego Aqueducts; (4) 4 Items from the U. S. Department of Housing & Urban Development regarding National Flood Insurance Program; (5) Booklet from the State of California Business & Transportation Agency, Department of Public Works, titled 1971 Section 256 Report and California Continuing FunctionalClassification Study Report was presented. REPORTS CITY MANAGER OSBURN reported in regard to an auction (equipment as per list submitted); and requested Council's approval of the items and also per- mission to sell remaining items as junk. Moved by Waters, seconded by Pinson, the a City Manager be allowed to hold this auction, Carried by unanimous vote. Absent: Morgan. CITY CLERK MINOGUE reported receipt of communications from Assemblyman Deddeh and Gov. Reagan acknowledging receipt of National City Resolution No. 10,672 which wanton file. CITY CLERK MINOGUE reported receipt of a communication From the Division of Highways District Engineer expressing appreciation for congratulations on his being selected one of the Public Works Men of the Year which was on file. CITY CLERK MINOGUE stated the third item under her report ("City Clerk's Affidavit of Mailing Notice of Hearing to be held by the City Manager and City Engineer, proposed improvement of 'N' Ave., ' M 1 Ave . , ' L' Ave., and 26th St., Assessment District No. 171, to be held 8:00 p.m., June 14; protests received from: Vernon J. Smith and Vivian Smith, 1315 E. 26th St., and Anthony V. Nicita and Nancy C. Nicita, 2525 'L' Ave.") regarding the hearing to be held by the City Manager and City Engineer and did want them to know she had received the protests and a petition; she had copies there if anyone wanted to see it. Councilman Waters inquired what the percentage was. City Clerk Minogue replied she inquired this afternoon after they had worked on the petition and it was in excess of 58% protest; --she didn't know if the figure- was only the petition or all of them. 6/13/72 220 The CITY TREASURER - FINANCE DIRECTOR'S Financial Statement for the month ended April 30 was presented. Ordered filed by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN said there was one item on the agenda not covered ("Communication from Supervisor Jack Walsh regarding Sweetwater River Flood Project and attaching staff report which confirms that $1,230,000 will be saved if channelized portion ends at the 805 interchange; copy of communi- cation from City Engineer advising County Director of Department of Special District Services the staff reviewed proposed relocation and re -design of Sweetwater Flood Control Channel and had no objections to plan as proposed"). Vice Mayor Reid said unless there was some action he didn't want to get tied up in a political hass1e; he knew there was a statement there that was not true; that was all he was going to say. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. Absent: Morgan. The meeting closed at 9:30 p.m. City Clerk City of National City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of June 20, 1972. No corrections Correction as noted below Mayor, Cit f o ; National City, California 6/13/72