HomeMy WebLinkAbout1972 11-14 CC MIN73
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
November 14, 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: Camachot Pinson, Reid, Waters. Absent:
Morgan. Administrative officials present: Campbell, Foster, Gerschler,
McLean, Osburn,, Stenberg.
SALUTE TO FLAG AND INVOCATION
The meeting was opened with salute to the Flag led by City Manager
Osburn followed with invocation by the Rev. Robert Davis, First United
Methodist Church.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Pinson, the minutes of the adjourned
meeting of October 24, 1972 be approved. Carried by unanimous vote.
Absent: Morgan.
PROCLAMATIONS AND PRESENTATIONS
The agenda listed the request of L. J. Olier to address the Council on
behalf of the South Bay Pop Warner Football Association regarding
financial assistance, No one was present in this regard,
ORAL COMMUNICATIONS .• None,
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Pinson, the resolutions be read by title.
Carried by unanimous vote. Absent: Morgan, T
RESOLUTION NO. 10,871, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PRO-
PERTY (Walter T. and Eleonore Blackburn)," Moved by Waters, seconded
by Camacho, Resaluutjon No. 14871 be adopted, Carried by unanimous
vote. Absent: Morgan.
RESOLUTION NO. 10,872, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PRO-
PERTY (Claude E. and Nancy S, Martin)." Moved by Pinson,, seconded by
Waters, Resolution No,. 10872 be adopted. Carried by unanimous rote.
Absent: Morgan.
RESOLUTION NO. 10,873, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES {A Portion of 'Q' Avenue)." Moved by Waters, seconded
by Camacho, Resolution No. 10,873 be adopted. Carried by unanimous
vote. Absent: Morgan.
RESOLUTION NO, 10,874, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXA-
TION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED 'AARDEMA ANNEXATION' AND GIVING NOTICE OF TIME
AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Pinson, seconded
by Waters, Resolution No. 10,874 be adopted. Carried by unanimous
vote. Absent: Morgan,
RESOLUTION NO, 10,875, "RESOLUT ION GIVING NOTICE OF PROPOSED ANNEXA.«
TION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED 'REINER ANNEXATION' AND GIVING NOTICE OF TIME
AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Waters, seconded
by Pinson, Resolution No. 10,875 be adopted. Carried by unanimous
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vote. Absent: Morgan,
RESOLUTION NO. 10,876, "RESOLUUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT (Delta Park Investors)." Moved by Pinson, seconded by
Waters„ Resolution be ado ted, Carried by unanimous vote.
Absent: Morgan.
RESOLUTION NO. 10,877, "RESOLUTION OF AWARD OF CONTRACT (tNt Avenue,
'Mt Avenue, 'Lt Avenue and 26th Street, Assessment District No. 171)."
Moved by Pinson, seconded by Waters, Resolution No, 19,877 be adopted.
City Attorney McLean said a portion concerning this matter is Item
1 under "New Business" "City Clerk's report on the opening of sealed
bids for improvement of *Lt Av., 'Mt Av., IN' Av., 26th St., Assess.
Dist. No. 171 (Griffith Co, $46.22 .93; R. E. Hazard Contracting Co.
$43,663.57; T. B, Penick & Sons, Inc. $42,435,67) and City Engineer's
Report recommending bid of T. B. Penick & Sons be accepted and all
other bids rejected. Certificate of Publication and Affidavit of
Posting on file's. Carried by unanimous vote. Absent: Morgan.
RESOLUTION NO. 10,878, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA..
TION OF SIDEWALK AT 1441 'Kt AVENUE," Moved by Camacho, seconded by
Waters, Revolution No. 10,0878 be adopted. Carried by the following
vote, to -wit: Ayes: Camacho,, Waters, Reid, Nays: Pinson. Absent:
Morgan:,,
RESOLUTION NO. 101879, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO
VACATE AND CLOSE PORTION OF 'Mt AVENUE, SOUTH OF TWENTY..FOURTH,, NORTH
OF TWENTY.SIXTH STREET." Moved by Waters, seconded by Pinson,
Resolution No , 10 879 be adopted. Carried by unanimous vote. Absent:
Morgan*
RESOLUTION NO. 10,880, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE
AND CLOSE THE SOUTHERLY ONE••HALF OF SIXTH STREET, BETWEEN NATIONAL
AND ROOSEVELT AVENUES," Moved by Camacho, seconded by Pinson,
Resolution No. 10,880 be adopted, Councilman Waters said they like to
see a complete set of plans the night of the hearing. Carried by
unanimous vote. Absent: Morgan.
RESOLUTION NO* 10,881, "RESOLUTION DIRECTING CITY PLANNER TO FILE AN,
APPLICATION WITH THE LOCAL AGENCY FORMATION COMMISSION FOR ANNEXATION
OF TERRITORY NORTH AND SOUTH OF PARADISE VALLEY ROAD EAST OF PLAZA
BOULEVARD (H. A. Lewis)." Moved by Camacho, seconded by Pinson,,
Resolution No. 10*881 be adopted,. Carried by unanimous vote. Absent:
Morgan,
RESOLUTION NO. 10,882, "R.esolution Adopting the National City Civil
Service Rules for the City of National City and Repealing All Other
Resolutions and Parts of Resolutions in Said City in Conflict Therewith."
Moved by Waters, seconded by Camacho, Resolution No. 10,882 be held
over one week. Carried by unanimous vote. Absent: Morgan,
RESOLUTION NO. 10,883, "RESOLUTION ORDERING RECORDING OF ACCESS
RELINQUISHMENT INSTRUMENTS." Moved by Pinson, seconded by Camacho,
Resolution No. 10,883 be adopted. Carried by unanimous vote. Absent:
Morgan.
RESOLUTION NO, 10,884, "Resolution Accepting Conveyance of Real Property
(Everett P., Jr* and Marie A, Harry)." Moved by Camacho, seconded by
Reid, Resolution No, 10,884 be adopted. There was discussion. Motion
failed by the following vote, to .wit : Ayes: Camacho, Reid, Nays:
inson„ Waters. Absent: Morgan.
INTRODtCTION OF ORDINANCES
Moved by Camacho, seconded by Pinson, the first readin of he ordinance
be by title only, Carried by unanimous vote, Absent: Morgan.,
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75
Councilman Waters inquired about hide processing plants and indicated
they were undesirable, ORDINANCE NO. 11/14/72, "AN ORDINANCE AMENDING
ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA (Hide Curing by the Brinematic Process within the kl..4
Industrial Zone),"
ADOPTION OF ORDINANCES
Moved by Camacho,, seconded by Waters, the ordinances have their second
reading by title, Carried by unanimous vote. Absent: Morgan,
ORDINANCE NO, 11Q 21,42.4 1335, "AN ORDINANCE OF THE CITY OF NATIONAL
CITY RELATING TO CIVIL DEFENSE AND DISASTERS AND REPEALING ORDINANCE
NO, 1044 AND 1145," Moved by Pinson, seconded by Camacho, Ordinance
No.loWa142.4 1335 be adopted, Carried by unanimous vote. Absent:
Morgan,,
ORDINANCE NO, .»A/3,i,,/ 2...2 1336:, "AN ORDINANCE AMENDING ORDINANCE NO, 962,
ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC.12«•72,
from C.2, Limited Commercial Zone to R-.4-PD, Residential Planned
Development Zone, at 2424, 2430, 2432, 2434, 2436 and 2504 E. 8th
Street)." Moved by Pinson, seconded by Waters, Ordinance No. 1844/72.•2
1336 be adopted. Carried by unanimous vote. Absent: Morgan.
ORDINANCE NO. +8 2a/72 a 1337, "AN ORDINANCE AMENDING CHAPTERS 22 AND
40 OF THE NATIONAL. CITY MUNICIPAL CODE RELATING TO BUSINESS LICENSE
RATES AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OF
SAID CITY IN CONFLICT THEREWITH." Moved by Waters, seconded by
Camacho, Ordinance No. 414 2- 3-►1337 be adopted. Carried by unanimous
vote. Absent: Morgan,
REPORT OF CITY ATTORNEY - None.
APPROVAL OF BILLS AND PAYROLL
BILLS AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund $41 , 569.62
Traffic Safety 3,988.84
Park 1,002.40
Retirement 10,871.84
Gas Tax No, 2107 1,364.00
Park & Recreation
Capital Outlays Sweet-
water Hts. Park 30, 000.00
Trust & Agency 100.00
Drainage 12,005.90
Sewer 696.33
Total $101598. 93
Moved by Camacho, seconded by Waters, these bills be paid and warrants
drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson,
Reid, Waters. Nays: None, Absent: Morgan,
CITY MANAGER OSBURN stated there was no payroll to present.
UNFINISHED BUSINESS
A transmittal from the PLANNING DEPARTMENT stating the Planning
Commission recommended denial of Z«»3..72, request for variance to per-
mit construction of a 12' x 24' attached addition within the required
rear yard setback at 2323 E. 4th St. (Mallorca), was presented. Moved
by Waters, seconded by Pinson, in favor of the Planning Commission's
recommendation of denial of Z.»3-72. There was discussion, Carried
by unanimous vote. Absent: Morgan.
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NEW BUSINESS
CITY CLERK CAMPBELL stated Item 1 was taken care of by Resolution No.
10,,877, (Reports and recommendations on bid opening for the construction
of the 1911 Act Improvements M, Ns L & 26th St., Assessment District No.
171.)
The CITY CLERK'S report on the o ning of sealed bids for the addition
to Memorial Bowl -► Kimball Park allahan Bros, Item 1 $106,842,00,
Item 2 (Alternate) $59,589.001 Art A, Gussa, Inc. Item 1 $87,700.00„
Item 2 (Alternate) $47,600,0 and the City Engineer's report were
presented* City Clerk Campbell stated the Certificate of Publication
and Affidavit of Posting were on file, Moved by Waters, seconded by
Pinson, ;,he ,Memorial Bowl in Kimball Park proceed and that Art A. Gussa
a.
Inc. bid of $87 700 which is the low bidder be awarded that bid. There
was discussion. Carried by the following vote, to -wit: Ayes: Camacho,
Pinson, Waters. Nays: Reid, Absent: Morgan.
HEARINGS
The CONTINUED HEARING ON THE INTENTION TO VACATE AND CLOSE THE SOUTH•.
ERLY 10' OF 17TH ST. BETWEEN "J" AV. AND "L" AV. was held at this time...
City Clerk Campbell stated the City Clerk's Affidavit of Mailing notice
of the hearing, the Affidavit of Posting and Certificate of Publication
were on file; the Planning Department transmittal stating the Planning
Commission recommended approval with two conditions was attached to the
agendas Planning Director Gerschler said the Planning Commission on
October 24 reviewed this case and found that the subject 10' was not
needed for present or contemplated future public purposes but that the
public convenience and necessity require a reservation of easements of
rights of way for structures for public utilities. No one was present
in this regard. Moved by Camacho, seconded by Waters, this hearing be
closed and the southerly 10' of 17th St, between "J" Av. and "L" Av. be
vacated and closed subject to the Planning Commission's recommendations
of the two condons be a roved. Councilman Waters asked the City
Clerk if she had received any protests. City Clerk Campbell replied
she had received no protests. Carried by unanimous votes Absent:
Morgan,
The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC.&'72 AND AMENDMENT TO
THE GENERAL PLAN AND OFFICIAL ZONING MAP TO REZONE FROM C•.3-A AND C. 3.-C
(GENERAL COMMERCIAL) TO R .4 (MULTIPLE FAMILY RESIDENCE) PROPERTY
LOCATED AT 702 E. 8TH STREET was held at this time. City Clerk Campbell
stated the Certificate of Publication of the notice of hearing was on
file and the Planning Department transmittal stating the Planning
Commission recommended denial was attached to the agenda., Planning
Director Gerschler said at the last meeting of the City Council they
presented the complete transmittal of the Planning Commission's case
on the zone change„ a hearing was held at that time and on the advice
of the City Attorney the matter was referred to the Environmental
Impact Committee for a report; the Council at the last meeting asked
him to advise as to the reason why the Planning Commission had denied
the case; they did review the minutes and found there was a good deal
of conversation directed at the questions of traffic and proliferation
of apartment units throughout the community; if the Council desired more
elaboration, they would prepare a complete transcript of their minutes.
The Planning Director said acting pursuant to the Council's directive,
they presented this matter to the Environmental Impact Committee and
operating within the guidelines and policies established by the City
Council last month they have rendered a report (dated Nov, 13), which
is before them: "Provided that the required R-4 Zone is first obtained
and the General Plan is amended to correspond to this zone change, it
is our finding that the plans submitted, including the
mitigating measures 1-3 outlined in the applicant's letter, and the
Staff Evaluation represents a 'routine' matter as the same is defined
in 'City Council Policy, Background and Guidelines for Environmental
11/14/72
77
Impact Review', Octobers 1972,1 that was the Committee's report; the
mitigating measures referred to outlined in the letter from Mr. Drogin„
dated Nov. b, where he suggests certain traffic control, measures he
would be willing to accept on the 8th St, frontage, There was discussion.
Planning Director Gerschler said that committee found there was some.
thing near 35,000 cars a day on 8th St, and there was a probability
this will increase* City Attorney McLean asked the Planning Director
to state the conditions the Environmental Impact Committee obtained
from the developer. Planning Director Gerschier said their letter of
Noverber 6 signed by Stephen B, Drogin (as referred to in the motion of
the Environmental Impact Committee') says: "l: In order to prohibit
westbound traffic from making a left turn off 8th St. into the project,
we wouldhave no objection to the City** painting double white lines
in the center of 8th St, for the entire 90 feet of frontage of our
property, 2, To prohibit traffic leaving our project from making a
left turn onto 8th Street and proceeding westbound„ we will be happy
to allow the City to erect a right turn only sign at the front of our
project so that exiting traffic will sea it, Further, if the City so
desires, we would be willing to construct 404 install such a sign to
City specifications* ns* 3. To prohibit o n'.street parking in front of our
project, we would have no objection to the City's painting the curb red
for the entire width of our project on 8th Street." There was further
discussion, STEPHEN R, DROGIN, 2151 Oliver Avenue, San Diego, was
present and said almost everything he had to say to the Council was
said three weeks ago; Councilman Camacho wasn't present and he would
like to show him the exhibit; he would like to answer a couple questions
raised tonight regarding commercial useage; he tried to make clear the
last time that although the property had been zoned commercial for a long
time, it had been vacant for a long time; the property has had excellent
exposure to a commercial market; it does have a 90' frontage on 8th as
opposed to a 70' frontage; in tacking to the property owners to the
went of their property, all of whom signed letters urging the Council
to approve this rezoning, their properties, too, are developed with
substandard residential, housing; they are older people who have owned
the properties for a song time; they have tried to market their property
to commercial users and have been unsuccessful; in fact, there was a
"for sale" sign along the 8th St, frontage and they have taken it down; he
didn't believe they would have any objection to rezoning theft property
to the same type of zoning they were requesting in order to not create
a spot zoning situation; he could not speak for them but these were
the impressions he got in talking with them, all to the west of them on
the same side of the street, all the properties are developed with sub.
standard housing, which obviously was not the highest and best use of
toMr,
property, Mr,., Drogin said two days after the hearing they submitted
. Gerschier and his Environmental Impact Committee a full report, on
the environmental impact as required by the Council,; there were some
things brought up by the Committee; they immediately came right back
down and met their objections with the suggestions contained in the
letter which Mr, Gerschier read tonight.,,There was further discussion.
Mr. Drogin asked the City Attorney to correct him if he was wrong:
there are 5 councilmen and 3 eligible to vote tonight; in order to approve
this request, was it necessary to have 3 aye votes, City Attorney McLean
said any action taken tonight will be advisory; no zone change will be
effective until council adopts an ordinance; assuming the action was
in favor of the application„ any action tonight will be in essence to
instruct him to prepare an ordinance; the ordinance ultimately has to
be adopted by a majority of the Council; tonight if the motion that's
made was in favor of his project and 3 vote and he has the majority
that was just ter the motion but it does not accomplish a zone change.
Councilman waters inquired what he meant when he said there were only
3 eligible to vote. City Attorney McLean said Councilman Camacho was
not going to vote; he was absent at the time of the public hearing and
had not read the minutes of the evidence presented at that public
hearing; so Councilmen Waters and Pinson and Vice Mayor Reid were the
ones eligible to vote. Moved by waters it be denied, Died for lack of
second, Moved by Pinson,, seconded by Reid, hat th = •ro• • • zon chap
�►... 2 h r h b cowed an 4 �3 3!
Na
11/14/72
78
hearinbe closed and the General Pian amended to rezone from C..3
and C..3.0 General Commercial to R..4 Mu ti • e Fain 1 Residence
Motion carried py the following vote: Ayes; P neon, 'excl. Nays:
Waters. Abstaining: Camacho, Absent: Morgan,
The HEARING ON THE ESTABLISHMENT OF AN UNDERGROUND UTILITIES DISTRICT
(NATIONAL AV. BETWEEN 22ND ST. AND 30TH ST.) was held at this time,
City Clerk Campbell stated the Affidavit of Posting and Mailing
notices were on file; the City Engineer's report was attached; a
protest was received from Arthur D. and Valerie E. Fast, a portion
of which reads • "* ,. * (the property) is on the perimeter of the district
and power for said property originates outside the proposed district"/
City Engineer Foster said they contacted this man this afternoon;
there will be no change in his power service; however, there will be a
change in his telephone service; after that explanation, he indicated
he might withdraw his protest; they asked him to come to the meeting
tonight but he didn't believe he came; this is the property where the
Santa Fe Motel is, corner of 22nd and National; that's the only protest
they have and he would recommend they go ahead with it.. City Attorney
McLean asked the City Engineer to summarize his report for the record,
contained on Page 59 of the agenda, The City Engineer sat& the area of
the undergrounding district was from 22nd St* to 30th St* and was
recommended by the Underground Utilities Committee and that it be done
by funds set aside by the Gas & Electric Co. and Telephone Co.; they
have the existing rights of way; street lights will be built on
ornamental poles; there are 6 existing electric and telephone services
which must be undergrounded on private property; all owners have been
contacted and as of noon Nov„ 10 there were no protests received; they
received this one protest later in the day; they have talked to him but
he didn't believe he came to the hearing; he indicated he wasn't going
to protest; they would recommend it proceed, No one was present in
this regard, Moved by Waters, seconded by Pinson, the cub].ic hearing
oil the establishment of an Under round ilities Di tarict. Nat ,ona
A enue between 22nd St* and 30th St* be approved and the ubl.ic heari,n
e c osed,, Carried by unanimous vote. Absent: Morgan,
The HEARING ON RESOLUTION OF INTENTION (17TH ST, WESTERLY OF NEWELL, s
ASSESSMENT DISTRICT NO. 180) was held at this time. City Clerk
Campbell said the Certificate of Publication and Affidavits of Posting
and Mailing were on file; a protest petition representing six parcels
of real property was attached to the agenda., ROBERT ONLEY, ASSESSMENT
ENGINEER FOR THE CITY OF NATIONAL CITY, was present and displayed a
niap of Assessment District 180 showing the exterior boundary of the
district to benefit from the improvements, the improvements to be
done, the assessment numbers and the protests which were colored green,.
Mr. Onley said the proposed work in the district included curbs,
gutters, driveways, grades and paving. Mx* Onley said the estimated
cost was $12,800.98 for the improvements and incidental expenses of
$2, 244„00 totaling $15,044.98; the City will contribute $737.10 which
leaves $14,307,88 to be assessed against the properties* City
Attorney McLean asked if Mr. Onley had discussed the nature of the
protests with the persons who have protested. Mr. Onley replied he
had discussed the protest with Mr. & Mrs. Alvarado, Assessment No. 6,
and advised them of their rights and what they should do* City
Attorney McLean asked the nature of the protest. Mx. Onley said that
it cost too much money„ Clay Attorney McLean inquired if Mr, Onley
had contacted any of the other property owners who had protested„
Mr* Only replied he had not, Councilman Waters asked if the ones
who protested indicated they wanted to do it themselves and the re on
for that was they would save a great deal of money; wasn't the reaso
they wanted to do it themselves was they felt they could do it cheaper.
Mr. Onley replied it was; it was City policy; they felt if they put ill
the curb and gutter the City would pave the street. Councilman Waters
asked if a majority of the property owners want to do this. City
Clerk Campbell suggested she read the petition as it indicated the
basis for the protest: "We the undersigned wish to protest the adoption
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of Resolution No, 10836, 1911 Act Street, 17th Street Westerly of
Newell. We do not feel the benefit derived is in line with the amount
assessed. About 5 years ago we requested our street be repaired and
were turned down because of a proposed freeway. This street has been
allowed to deteriorate to its present condition, a condition which
has been accelerated by heavy construction machinery and trucks in
recent months. We feel it should be the City's obligation to repair
the street or force the construction companies to repair this street,
Respectfully, Norma J. Dowd, 1902 E. 17th St.; Jose M. & Maria R.
Alvarado, 1933 E. 17th St.; Alvin & Lavonne Schmidt, 1908 E* 17th St.;
Chester & Mary Freeman, 1912 E. 17th St.; M. E. & Orpho M. Ross, 1926 E.
17th St.; and Antonio & Betty Lacsina, 1938 E. 17th St." Mr, Onley
said all properties in this proposed district front on the improvement
and all properties included in the district would benefit, Mr. Onley
said there was a 19% protest. City Attorney McLean asked how he figured
the protest,. Mr. Onley said according to the area and the benefit from
the improvement; not the number of owners but square feet of land.
There was discussion„ It was stated one single parcel of real property
within the district constituted 42% of the area within the district.
Councilman Camacho asked who was the individual that instigated this,
Mr. Onley answered Parcel No. 5 in the name of Glen Thomas; he has
already constructed his apartments and put his curb and sidewalks in..
GENE (M.E.) ROSS, 1926 E. 17th St., was present and said their objection
was that the amount of benefit derived was not worth the assessment; he
would rather do some of the work themselves and get the C ,ty to put a
temporary street through there; the one it would benefit is the one who
put his apartment house in; he thought Mr* Beauchamp was the contractor;
Mr, Thomas was the one who started the petition to get the 1911 Act
street in; he and the one across the street were the only ones interested;
the rest of the property owners were not, Councilman Waters asked
Mr, Onley if he had a signed list for a majority for this project; he
was not talking about who owned the most land but he was talking about
people. Mr. Onley said they have over 60% petition in favor of the
project; he could only speak for percentage of land. Councilman Waters
said he was interested in people; if a majority wanted it, fine, but if
a majority didn't, then he was not for it; let the individual who
wanted to put a development in go out and put his development in and
then he could pay for the improvements; until such time the people in
the area could afford to put in their own improvements, Councilman
Pinson said an assessment district wasn't initiated until after those
apartments decided they needed street improvements...once the apartments
started to go in there they initiated a 1911 Act so they could get a
street put in at a cheaper price and let the whole area pay for it.
Vice Mayor Reid suggested they continue this for one week, Moved by
Waters, seconded by Camacho, this ublic hearin be continued for one
,, Councilman Waters asked Mr. Onley to find out what the majority
was. City Attorney LcLean said Councilman Waters wanted to know what
the percentage was by ownership and not by land area. Councilman
Pinson asked the City Attorney if they could require the people to
put their own improvements in if they deny this 1911 Act,. There was
discussion. Mr. Ross asked if as a last resort, they could volunteer.
There was further discussion. Carried by unanimous vote. Absent:
Morgan,.
NEW BUSINESS (continued)
An application for personal transfer (adding partner) of off -sale beer
and wine license, DIANE M. & JAMES R. SWANSON, DBA 7.*ELEVEN 13559, 702
Highland Avenue„ was presented. Moved by Pinson, seconded by Camachb,
in favor of Diana M. & Jana, R., Swanson, Carried by unanimous vote.
Absent: Morgan.
A communication from the CITY MANAGER recommending the bid for the 1973
Annual Report be awarded to the Star -News Publishing Co. in the amount
of $4,470 plus applicable sales tax and the Council approve continuation
of the calendar type Annual Report for 1973 and bid of Star News
11/14/72
80
Publishing Co. were presented. Moved by Camacho, seconded by Pinson,
in favor of the City Manager is recommendation for bid for the 1973
Annual Report to be awarded to._
the Star -News Publishing Co. for $4,470.
Carried by unanimous vote. Absent: Morgan.
A communication from the CITY ENGINEER requesting authorization to
advertise for bids for construction on Eta St. (portion of Division
St. project) was presented. Moved by Pinson, seconded by Camacho,
in favor of the Cit En ineerte r uest for authorization to advertise
for bids for Eta St. Carried by unanimous vote, Absent: Morgan.
A communication from JERRY HARRIS requesting Council to preserve
present ordinances regarding fish canneries in the City was presented,
O ,dered filed by unanimous vote. Absent: Morgan.
A communication from the MANAGER, NATIONAL CITY CHAMBER OF COMMERCE,
requesting the Council scrutinize with utmost care requests for
deferral of curbs, gutters and sidewalks was presented. Ordered filed
by unanimous vote. Absent: Morgan.
A communication from GIRL SCOUTS, SAN DIEGO-•IMPERIAL COUNCIL, INC„
requesting a permit to have a fund raising activity November to December
15, report of the Business License Clerk and the License Collector 's
recommendation the request be granted were presented. Moved by Waters,
seconded by Pinson, in fayor of the .Gird Scoi ts. San Diego••Impgria. ,
Qouncil, Inc, Carried by unanimous vote. Absent: Morgan.
The application of the NATIONAL CITY MUNICIPAL EMPLOYEE ASSOCIATION
for a special facility use permit for the Community Building December
16, 1972, 8:30 .. 1:00 p.m. was presented, Moved by Waters, seconded
by Camacho, in favor of the National Cit Munici 1 Em to ees
Associationzs request. Carried by unanimous vote. Absent: Morgan,
Step increases for eligible employees, approved by the department head
and City Manager: Charles A. Purr and Penu Pauu, Police Department,
were presented. Moved by Camacho, seconded by Pinson, in favor of the
step increases that have been approved by the department head. Carried
by unanimous vote. : Morgan.
A communication from the CITY MANAGER filing six items with the City
Clerk (NO COUNCIL ACTION NECESSARY) : (1) Letter dated 10/18/72 from
the State Bd. of Equalization, 1020 "N" St., Sacramento, with reference
to Las Palmas Annexation; (2) Certificate of Ins. from the Continental
Insurance Co.,, Los Angeles, Policy No, L 1477580, dated 10/24/72,
applicable as respects to contract for Division St. Drain; (3)
Certificate of Insurance from The Canadian Indemnity Co.,,, Los Angeles,
Policy No, GLA 928377 covering The rrish of St, Matthew, 521 E. 8th
St., re voluntary distribution of food; (4) Permit to Move No. T-21723
dated 10/31/72 re Narcotics Display Trailer; (5) Reinstatement Notice
from Insurance Co. of North America„ Policy No. GAL 11 43 20, insuring
GMU,, Inc.,, DBA: Las Palmas Golf Courses AXA: National City Municipal
Golf Course„ 1800 20th St.; (6) Letter from San Diego Co,, Water
Authority, 2750 4th Av,,, San Diego, dated 10/19/72, Subject: Authority
Water Stored for Member Agencies in San Vicente Reservoir, was presented.
REPORTS
CITY MANAGER OSBURN imported receipt of a League Bulletin regarding a
bill that was introduced in the Assembly by Wadie Deddeh; this bill is
now before the Senate Ways & Means Committee; they have tacked an amend-
ment to the bill that would require the funding for the State Transforta.
tion Agency be from funds that the cities already get, the motor vehicle
in lieu of license fees; an estimate of our cost on this would be $10,000
in 1972.►73; this was the first time he could recall that cities and
counties were required to finance the function and operations of state
departments; he recommended they oppose this and he be authorized to
11/14/72
81
write the Finance Committee and also our assemblymen and senators
of our district. Moved by Camacho,, seconded by Pinson, in favor of
the City ManaQerts recommendation he send to the legislators our
disapproval of this amendment. Carried by unanimous vote. Absent:
ir++.r�u....r �rrrr�rr
Morgan,
CITY MANAGER OSBURN reported on the status of cable TV; he was sure
some of them had been getting questions on it; National City will
have 59,.6 miles of cable and 58.3 miles of this has been installed;
the remaining 1.3 miles is in problem areas where the poles haven't
been cleared to conform with the Public Utilities Commission's
requirements as yet; they will be installed just as soon as they get
the poles cleared; approximately 80% of the electronic equipment has
been completed; the main holdup is still the Federal Communications
Commission; they have not issued the Certificate of Compliance; if
they would recall, the City sent a resolution urging them to issue
this Certificate of Compliance some two months ago; the estimate is
that they will be able to commence operation in approximately 30 days
after issuance of the Certificate of Compliance. There was discussion.
Moved by Waters, seconded by Pinson, the authorize the Cit Mana er
o re are a resolution and send it out like the did the last one.
Carried by unanimous vote, Absent: Morgan,
CITY MANAGER OSBURN said at the last meeting Harry Wallingford
complained that all the property owners on "G" Avenue from 16th to 15th
Street had installed their curbs except one; there is an absentee
owner on the corner of 16th and "G"; he has not dedicated a street;
with this in mind,, he would recommend they surface„ with temporary
surfacing„ with the exception of the right»of-.way they don't own;
there was also a complaint about their doing the section on "F"
Avenue at 15th Street in front of a property that did not have curbs
in it; this was true; they had to do it there on account of drainage;
in fact„ the property owners between 15th and 14th on "F" Ave. had
installed curbs and had to knock out part of his curbs due to the
drainage problem; they were afraid cars would come along there and
get stuck. Councilman Waters said he thought that was what the
City Manager said; did he remember when he tried to get the Council
to go along with the same setup basically out on another street where
everybody in the area wanted to put in their improvements and they
tied it up for the reason that one individual « he still didn't think
that was right; if a majority of the area wants to put them in, then
they should put it in. City Manager Osburn said as he recalled, this
was on the extension of E. 4th there was a different terrain problem
which could cause one of the properties to flood if they put in part
of the street; on this street they didn't think there would be any
flooding action. Moved by Pinson,, seconded by Camacho, in favor of the
pity Manager's recommendation they go ahead and lay the asphalt for
30' between 16th and 15th on "G". Carried by unanimous vote. Absent:
Morgan.
CITY MANAGER OSBURN reported a claim filed against the City by Mr,
Terrell E, Rogers and recommended it be denied and referred to the
Cif Attorne�r. Moved by Camacho, seconded by Reid, in favor of the
City Manager's recommendation, There was discussion. Carried by
unanimous vote. Absent: Morgan.
CITY CLERK CAMPBELL reported receipt of a communication from Assembly-
man Deddeh stating he will strongly support the passage of SB 1261
(relating to full State funding of Public Library Service Act system
activities) which was on file.
CITY CLERK CAMPBELL reported receipt of a
League of California Cities acknowledging
resolution endorsing SB 1261 which was on
CITY CLERK CAMPBELL reported receipt of a
communication from the
receipt of National City's
file.
Notice of Hearing before the
11/14/72
82
Public Utilities Commission in the matter of the application of The
Pacific Telephone & Telegraph Co. for authority to increase certain
intrastate rates and charges applicable to telephone services furnished
within the State, Application No. 51774, which was on file.
CITY CLERK CAMPBELL reported receipt of a Notice of Prehearing Con«
ference and Hearing before the Public Utilities Commission in the
Matter of the application of The Pacific Telephone & Telegraph Co.
for authority to increase certain intrastate rates and charges applicable
to telephone services furnished within the State, Application No. 53587
and copy of communication from The Pacific Telephone & Telegraph Co. re
Application No. 53587 which were on file.
CITY CLERK CAMPBELL reported receipt of a communication from the San
Diego Unified Port District enclosing a copy of their 1971..72 Annual
Report which was on file.
CITY CLERK CAMPBELL reported receipt of a communication from the San
Diego Unified Port District enclosing a copy of a Preliminary Draft
of Master Plan and stating the final public hearings on this document
are acheduled to commence on 11/21/72 and requesting comments and
suggestions before that time.
The CITY TREASURER..FINANCE DIRECTOR'S Financial Statement for the
month ended September 30, 1972 was presented. Ordered filed by
unanimous vote. Absent: Morgan.
COUNCIL COMMUNICATIONS
COUNCILMAN CAMACHO said every year our Sister City has a fiesta of
culture; they have a folk festival with dances of all the different
regions in Mexico and they come to Tecate and perform. Mr. Camacho
continued they have asked for the City to buy some tickets and
distribute them to the schools so the young people could go; it will
be the 16th to the 20th of this month and will be held at the basket
ball gymnasium in Tecate; he would like to have the Council consider
buying a book of 100 tickets $1.00 each. There was discussion.
Councilman Pinson said he would buy a few tickets but couldn't vote
for City money. Vice Mayor Reid asked if they had any money in the
Sister Cities Program. City Manager Osburn said they did. Vice
Mayor Reid asked if they could take $100 out of that to buy the
tickets. City Attorney McLean replied they could spend any money in
the budget that was not in a special fund for any proper public purpose;
if they believe the Sister Cities Program was fulfilling a proper
public purpose, which they apparently do, they could buy the tickets to
distribute to school children and he would say it would be a proper
public purpose, Moved by Reid, seconded by Camacho, if they have the
money they buy these tickets for $100. Motion failed by the following
vote, to -wit: Ayes: Camacho, Reid., Nays: Pinson, Waters, Absent:
Morgan,
COUNCILMAN WATERS read a letter from the Citizens for the Betternment
of of National City urging the Council to consider granting permission
for a fish cannery to operate in the City; it offered the largest
number of jobs this city had been offered in a long time and would
go to people who made up National Cityzs role of unemployed; it would
operate without any noticable odors outside the perimeter of the
plant and was for the betterment of National City; a vote against the
amendment would be a disaster and w ould be small town thinking that
had hampered and hindered National City.
CITY MANAGER OSBURN said Mr.. Gerschler, Mr. Biggs and he met yesterday
regarding the probable effects of Proposition 20 upon the local building
permits; they formulated the following three temporary recommendations
which have been approved by the City Attorney: 1, Instruct all city
departments responsible for issuing permits to assume a tentative
11/14/72
83
"permit area" 1,000 yards landward from the established 'mean high
tide line" (easterly line of the Unified Port District's jurisdiction);
2. Continue to issue permits for all projects until February 1, 1973,
with the requirement that each permittee file a written statement
with the City acknowledging that he is aware that the property may be
subject to compliance with "Proposition 20;" 3. Instruct the City
Staff to prepare and file a request for "exclusion" pursuant to Section
27104 of the enactment, this to include all property within the "permit
area" except Navy land, and except the Paradise Creek slough, The
City Manager recommended this be approved. Moved by Waters, seconded
by Pinson, in favor of the City Manager's recommendation. Carried by
unanimous vote. Absent: Morgan.
Moved by waters., seconded by Pinson, the meeting be closed. Carried
by unanimous vote. Absent: Morgan, The meeting closed at 9:14 p.m.
City C rk
City of National ty, California
The foregoing minutes were approved by the City Council of National
City at the regular meeting of November 21, 1972.
No corrections
Correction as noted below
MayorCit ` o National City, California
11/14/72