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HomeMy WebLinkAbout1970 07-07 CC MIN104 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 7, 1970 The regular meeting of the City Council of the City of National City was called to order at 7:40 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative Officials present: Bourcier, Foster, Kerr, McLean, Minogue, Osburn, Stockman, Stogsdill. APPROVAL OF MINUTES Moved by Waters, seconded by Hogue, the minutes of the regular meet inp of June 23, 1970 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIOI $ COUNCILMAN WATERS inquired about the bakery distribution center which was supposed to be for retail sales and is operating as a distribution center. Director of Planning Stockman reported it has been under surveillance for the last 10 days; the police have been helping her on it and her staff has been working nights; the people have been notified of the zoning violation and it will go before the Planning Commission Monday evening. COUNCILMAN HOGUE inquired about asphalt listed in the budget, did it have any relation to the resurfacing of the streets from the canyon west to National and from 24th south to 30th or do they contract that out. MAYOR MORGAN said there were 2 vacancies on the EOC Board; he and Councilman Reid have been serving and inquired if there were any volunteers. Moved by Hogue, seconded by Waters, Mayor Morgan and Councilman Reid continue to serve on the EOC Board. Carried by unanimous vote. MAYOR MORGAa said he noticed in the paper (he should make this statement) that Koenig came in with a plan to build apartments on the entire 107 acres but when this property started, or before it started to annex, he wanted to build apartments and motels and wanted to use the sewers in the Little League Field where it would run down the side of the road and hook the sewer up in the 30th Street sewer. Councilman Hogue asked the May what he was talking about. Mayor Morgan said the paper said he said that Koenig came in and had a plan for 107 acres, apartments in the golf course. ORAL COMMUNICATIONS DONALD JONES, 2406 E. 19th Street, was present and said his wife and family uses Kimball Park Zoo; he finds the condition of the sanitary facilities deplorable; he would like some action taken to see that those places are cleaned up; if they wanted, he would donate an hour or two a day himself; it was something you wouldn't expect to find in a modern city like National City. Mayor Morgan said they would take care of it. MRS. CHAMBERS, 1318 E. l8th Street, was present and said the National City Council gave themselves a raise on the strength of 51,000 population a short time ago; she wondered if the Council would give back to the taxpayers the amount of the raise because according to the notice in the paper the popula- tion is not 51,000 but is 39,368 and that is according to the last census; she wondered if the Council would be willing to rebate that money. FRANK MILLS, Area Director, 7-Step Foundation, was present and said they were applying for a non-profit organization license for their Chapter. City Attorney McLean said all business license applications are filed with the City Treas4rer's office on the next floor down; they are open 8:00 to 5:00, Monday through Friday; they should show the method by which they qualify for a non-profit license. Mr. Mills said he went down there Monday and was re- ferred to the Council. City Attorney McLean said he would have to write a. letter to the Council. 7/7/70 105 DONALD MORRIS, Chairman of the Board, 7-Step Foundation, 114 3rd Avenue, Chula Vista, was present and said they have contracted to use the park for the night of July 11; since the stand are already erected and were erected for the 4th of July, he would petition the Council to reduce the amount of money they are charging them for this. Councilman Waters asked if this item would come up later on the Agenda. City Manager Osburn said this has been approved by the Park Department and himself; the charge was set at $340.00 or $350.00 for moving the chairs, etc.; they will also receive a letter from the Chief of Police today that they will have to have 10 policemen on the scene plus a $5,000.00 bond. Mr. Morris said they were prepared to post a bond and have 10 policemen who have volunteered to serve; the request is, inasmucn as the bleachers are already erected and were erected for another situation, why charge them $350.00 to erect them again; they were petition- ing for a reduction in the amount of money. Mayor Morgan said sometime ago they turned the renting of the parks and the buildings over to the City Manager; he would have to come in and talk to the City Manager and he would make a recommendation; if he would change that, he would have to make a recommendation back to the Council. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded oy Reid, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,125, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (Beautification of El Toyon ?ark)." Moved by Camacho, seconded by Waters, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,126, "RESOLUTION ACCEPTIN3 CONVEYANCE OP' REAL PROPERTY (Duenas and Pittman)." Moved by Reid, seconded by Hogue, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,127, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Division Street)." Moved by Reid, seconded by Camacho, the resolu- tion be adopted. Carried by unanimous vote. RESOLUTION NO. 10,128, "RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY CHAMBER OF COMMERCE." Moved by Hogue, seconded by Camacho, Ilatjesoluaci(22ted. Carried by unanimous vote. RESOLUTION NO . 10,129, "RESOLUTION ADOPTING SALARY SCHEDULE FOR 1970-71," Moved by Hogue, this resolution be tablea until they have a chance to go over the budget; each councilman just received it this afternoon. Motion died for lack of second. City Manager Osburn read his statement and recomu, mendation: "I have negotiated with the 3 employees' groups at the staff level and recommend the following 3 items to the City Council to be effec- tive 1 July: 1. 10% pay increase; 2. allow Police and Fire to live within a 30 minute travel time from the City rather than the present 10 mile limit; 3. establish a new vacation schedule whereby persons hired after July 1, 1970 would receive 10 days vacation per year for the first 5 years, 15 days vacation up through 15 years and upon completion of 15 years service would receive 20 days vacation per year; we have presented the tentative budget to the Council and although it is not necessary to adopt the total budget at this time, I would recommend a resolution be passed setting the new salary schedules to allow the Finance Department time to make adjustments prior to the payroll on the 20th of July." Councilman Waters said he would like to take one item by itself - the 10-mile radius. Councilman Hogue inquired if this meant every City employee would receive a raise. City Manager Osburn said it did. Councilman Reid inquired if this included all of the old em- ployees who were part time. The City Manager replied it did. Councilman 7/7/70 106 Reid said the detectives, when they get called out in their uniforms and have to go to Oceanside and those places, do they get their overtime paid just like the rest of their patrolmen. City Manager Osburn said this would be when they are calked in uniform only. Councilman Hogue said if Mrs. Chambers is upset because he makes $250.00 a month for suffering through this, he was certainly upset about the raises for these higher echelon gobs; he was certainly against them and didn't think it was good policy; the Mayor has said for the last 2 or 3 weeks it looks like we may have a bad year; if we're going to have a bad year, let's be careful about it. Moved by Reid, seconded by Camacho, the salary budget be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. Moved by Waters, seconded by Reid, we deny to exceed our ordinance of a 10 mile limit. (residence for city employees) Carried by the following vote, to -wit: Ayes: Hogue, Reid, Waters, Nays: Camacho, Morgan. City Manager Osburn said the last item was regarding the new vacation schedule where an employee for the first five years would get 10 days vacation per year, the next 10 years get 15 days and after 15 years of service with the City, they get 20 days per year. Moved by Hogue, seconded byReid, this be adopted. Carried by unanimous vote, BID OPENING -. Purchase or lease of City -owned property at 24th St. and B Ave. MAYOR MORGAN said while the City Clerk was opening the bids he would present two 20-year pins. The Mayor presented a 20-year pin to Mr. Smith for his years as a faithful servant of the City. Mayor Morgan presented a 20-year pin to Manuel Portillo, a recreation leader saying it was a real pleasure to give him the pin. CITY CLERK MINOGUE stated the first bid was from Joseph R. Lathers and was a real estate purchase contract (Mayor Morgan requested the Assistant City Manager to write the bids on the blackboard); the total price is $112,100.00 with the first trust deed to be held by the City of National City on a pay- ment schedule as described in Item 9: "Item 9 (1) One-fourth of the square footage to be released to buyer for the first one-half of the purchase price paid. This one-fourth to be that property fronting on 26th and ►►B" Streets; (2) Second one-fourth of the square footage of the property to be released to buyer when three -fourths of the purchase price is paid. This second one- fourth of the property to be that portion adjacent to the first one-fourth and fronting on ►►2►► and "A" Streets; (3) Last one-fourth of the property to be released upon payment of the full purchase price. This :last one-fourth to be that portion fronting on 24th & ►►2►► Streets. The City Clerk said en- closed was a cashier's check in the amount of $1, 290.00. Moved by Hogue, this be referred to the Finance Committee so they could sit down and look at these figures and understand what they are all about because this was the first time he had seen them. Mayor Morgan suggested they continue with the opening of the bids. City Clerk Minogue stated the second bid was from Dallis E. Widick of the Lad 'N Lassie Nursery School and was addressed to the Honorable Mayor and Members of the City Council: "Gentlemen: This is a proposal for leasing Parcel No. 1, Maps 1075 and 1031, 24th and B Street, National City, California. All repairs necessary to the existing building to obtain a license for child care will be complied with, including exterior and interior plastering, painting, plumbing, fire safety, fencing, electri- cal, and the demolition and disposal of all structures not attached to the main stucco building. The above costs will be assumed by myself. It is further proposed a lease of three hundred dollars ($300.00) per month for a twelve year period, a total of forty-three thousand two -hundred dollars ($43,200.00). This lease would become effective upon approval of the City to grant permission to operate a day care nursery school at this site. Respectfully, Dallis E. Widick." Mayor Morgan said the audience was supposed to have a chance to make a bid on this land if they wanted to. Joseph Lathers was present and said they should check the check; it should be for $12,000.00. Mayor Morgan inquired if there was anyone in the audience who wanted to make a bid on this land. No one was present in this regard. Moved by Camacho, seconded by Reid, this be referred to the Finance Committee for further study. Vice Mayor Camacho set a meeting for Monday at 4:00 p.m. Carried by unanimous vote. Joseph Lathers requesters permission to take a look at the check as he said a drastic error had been made. Mr. Lathers inspected, the check. 7/7/70 107 HEARING The USE DISTRICT HEARING on the proposed creation of a CCIAMERCIAL MAJOR SHOPPING CENTER AND CONVENTION PLANNED DEVELOPMENT ZONE was held at this time. The City Clerk reported the Certificate of Publication was on file. Moved by Hogue, the hearing be closed and the recommendation be denied. Motion died for lack of second. The Director of Planning read the recommen- dation of the Planning Commission of May 25 that the zoning ordinance, Ordi- nance No. 962, be amended to create the Commercial Major Shopping Center and Convention Planned Development Zone; she stated the purpose of this hearing was merely to create the zoning and set it up in the zoning ordinance, No one was present in this regard. Moved by Hogue, seconded by Waters, the hearing be closed and the recommendation of the Planner and the Plannin Commission be approved and referred to the prayer administrative people for processing. Carried by unanimous vote. The USE DISTRICT HEARING on the proposed establishment of COMMERCIAL MAJOR SHOPPING CENTER AND CONVENTION PLANNED DEVELOPMENT ZONE ON ALL THAT TERRI- TORY KNOWN AS KOENIG ANNEXATIONS NOS. 1 AND 2 was held at this time. The City Clerk reported the Certificate of Publication was on file. City Clerk Minogue reported rieceilothskfil8i.vp,.,.*AiRnsicif„pirerlerstrqyo letters of pro- .sionea test and two petltions nimring 'Yaminjr Olitlobiof protest re- ceived on June 5 was signed by 314 persons residing within the Bonita Mesa area adjacent to the Koenig Annexation; the petition of protest received on June 9 was signed by 57 persons, 54 of whom live in National City; the petition of protest received at 2:08 p.m. July 7 was signed by 260 persons, 29 from Chula Vista, 149 from Bonita, 79 from National City, 2 from San Diego (Paradise Hills), and 1 from Spring Valley; the protest petition re- ceived at 7:30 p.m. July 7 (designated No. 1) was signed by 7 persons, all residents of National City; and the protest petition received at 7:30 p.m. July 7 (designated No. 2) was signed by 20 persons, 18 residents of National City and 2 residents of Paradise Hills; the two letters of protest were signed by Mr. and Mrs. Frank Law, 3035 Plaza Blvd., and Fred Payne, mailed from National City. The City Clerk read a letter from Mayor Thomas D. Hamilton, Jr., of the City of Chula Vista requesting the Council defer any action on the proposed rezoning of the annexation at least until such time as the scheduled joint meeting of the City of National City, City of Chula Vista, and representatives of other public and quasi -public agencies at Southwestern College for the purpose of considering the possibility of pre- serving some of the Sweetwater Valley floor, which is of regional interest, for open space purposes. The City Clerk read the statement of David K. Speer, Public Works Administrator, County of San Diego, which ended: "During a regularly scheduled meeting of the San Diego County Board of Supervisors held this day, July 7, 1970, 1 have been instructed to appear before your Honorable Council and state to you the position of the county and its Board of Supervisors relative to the proposed mooning of the Koenig-DeJong properties. The Board of Supervisors desires to advise you that: 1. They oppose the proposed re -zoning of the Koenig-DeJong proper- ties. 2. They oppose the proposed change from the present open space rec- reational use to the contemplated commercial shopping center use. The Board of Supervisors further desires to advise you that should your Honorable Council approve the proposed re -zones and changed land use in full aware- ness of the opposition of the County Board of Supervisors you will there- upon, in accordance with the spirit and intent of the resolution passed by your council on April 13, 1965, be expected to assume all additive costs which result from your re -zone and approval of a changed land use." Direc- tor of Planning Stockman displayed a map of the area and pointed out the proposed freeway interchange, etc., outlined the Planning Commission's unanimous recommendation of May 25 to establish the subject zoning on Koenig Annexations Nos. 1 and 2, and explained that the zoning would be a planned development and full plans and details would have to be submitted to the Planning Commission and City Council for approval. The Director of Planning further stated that after the Planning Commission meeting of May 25, the Engineering Department established that the entire area lies within the natural flow of flood water and she therefore recommended that Koenig Annexations Nos. 1 and 2 be placed into a Commercial Major Shopping Center, 7/7/70 108 and Convention Planned Development De$iiinated Floodway Zone? CMSCC-PD-F-1 Zone, until such time as proper drainage facilities are installed by the developer. JOHN RONIS, 3636 Putter Drive, Bonita, was present and stated although he lives outside the boundaries of National City, he owns properties in National City and pays taxes to National City; he opposed the zone change because it would be taking one of our beauty spots and turning it into an asphalt jungle; and inquired if the Planning Commission was aware of the added cost to National City of acquiring right-of-way. CITY ATTORNEY McLEAN said the Board of Supervisors has expressed opinions as to the cost; this was not part of the Planning Commission's consideration. John Ronis asked if the South Bay Plaza Shopping Center would become what National Avenue was ten years ago. FREDERICK FOX, Attorney -at -Law, Gray, Cary, Ames and Frye, 2100 Union Bank Bldg., San Diego, representing a number of residents in the area surrounding the Koenig Annexations Nos. 1 and 2, was present and stated he would speak against the re -zoning on behalf of his clients; we have to take a look at the magnitude of what is being undertaken, the contemplated use is fax from what we see on the land today; it marks a step backwards. Mr. Fox said he questioned the adequacy of the notice given to the owners of property adjacent to the area; there is no mention in the proceedings before the Local Agency Formation Commission to indicate the expected use of the land would be other than what it is, a recreational area; LAFCO approved the annexation of existing recreational facilities; throughout the proceedings of annexation and action taken before the Planning Commission the owners were never notified properly of the intended steps; although statutory re- quirements may have been complied with he was not at all sure that the Cons- titution had been complied with. Mr. Fox said he wondered if adequate con- sideration has been given of the economic impact relating to the flood con- trol project and on adjoining land within and without National City. Mr. Fox suggested if the Council would not reject the plan this evening, they give themselves time to fully explore the questions that have been asked but not answered. Mr. Fox said the change was drastic, overwhelming and irrev- ocable. CITY ATTORNEY McLEAN requested Mr. Fax to furnish the City Clerk with a list of his clients. CHESTER REGLER, 3776 Putter Drive, was present and said he was one of the original home owners in the area; he bought not because of the golf course but because of the rural atmosphere; they thought the trees on the golf course would be a buffer to the freeway when it went through; Mr. Koenig plans to build another golf course, creating another such rural atmosphere, he will probably sell that for commercial purposes when the price is right. JOSEPH MINUTELLX, 3723 Lynda Place, was present and said he was bitterly opposed to this shopping center along with 157 other people in National City; re -zoning would cause the loss of the only green recreational area we have; National City needs another shopping center like it needs more gas stations; and requested the Council deny the re-zon ing of the golf course. MRS. MARY ESLINGERS, 3015 Biggs Court, was present and said more parks and recreational areas were needed, not more shopping centers; there were two empty stores in South Bay Plaza Shopping Center; re- zoning would destroy the beautiful land and greenery. KEN ALDEN, 32_ Bonita Mesa Road, Bonita, was present and said he lived on Prospect in National City for years until his home was taken for the freeway, the re -zoning came as a surprise to him and asked the Council to reconsider and oppose the re- zoning the same as he did. JOHN SETPHIN, 3432 Stockman, was present and said he was opposed to putting in the shopping center; if the golf course had to go, it had to go, but let's not put in another paved jungle. BARBARA. SWANSON, 3734 Lynda Place, was present and said she lived in that section for about 18 years and she has seen other recreation areas go down the drain; there is no longer any place for the children to ride their horses; she opposed the shopping center. GLENN GUERIN, 4145 Acacia, Bonita, represent- ing the Bonita Valley Association, was present and said the Association voted unanimously to oppose this re -zoning; the primary reason was concern over the diminishing amount of green space. FRANCES KIRBY, 115 East 18th Street, was present and spoke in favor of the shopping center, as a resident and taxpayer; property this valuable next to the freeway interchange will not stay green. CATHERINE MOORE, 1134 Tobias Drive, Chula Vista, was present and said she opposed the re -zoning; she works and shops in National City and has a real attachment for it; she outlined federal legislation in regard to 7117/70 109 environment and the preservation of cultural and natural resources to pro- vide environmental diversity; the peculiar beauty of the area should be pre- served; Mr. Koenig could obtain help through the U. S. Dept. of Agriculture to retain the present atmosphere of the property. DAVID K. SPEER, Public Works Administrator, County of San Diego, was present and said he appeared tonight pursuant to the directions of the County Board of Supervisors. Mr. Speer recapitulated a portion of his statement which was read earlier in the hearing and stated once again the sincere opposition of the County Board of Supervisors to any change in this property to commercial purposes. Mr. Speer said they were concerned about many things: the linear open space, the additional costs the public will have to bear for the flood control program, the additional costs the public will have to bear for construction of 805; he spoke of the enhanced value of the land resulting from changed use of property. Mr. Speer said the Council had obligated itself in the past and the County would look to the City to pay any additional costs. In answer to questions from Councilman Hogue and the Mayor, Mr. Speer said he had worked for the County for eleven years; this was the first time he knew of that the Board of Supervisors opposed zoning within a City; however, during his time with the County one of the things he had heard spoken of most was the errors that were allowed to occur in Mission Valley. ROBERT THOMPSON, 3859 Bonita Mesa Road, was present and said he operates his business in National City, the City might benefit financially in some ways, he did not think full con- sideration had been given to the relocation of the financial center to Bonita. JESSE RAMIREZ, 421 West 16th Street, was present and said he spoke for him- self only; he worked on the Steering Committee of the General Plan, he served on the Planning Commission; his property would not be affected by the re- zoning, however, he was concerned as he had always been concerned with what was happening here; he opposed the re -zoning; National City has an abundance of commercial zoned property; the Redevelopment area has been re -zoned for commercial usage; what happened on National Avenue can be predicted to happen to South Bay Plaza; this is not in the General Plan. Mr. Ramirez said he predicted the urban redevelopment would be a flop and from what he is hearing it will be. Mr. Ramirez said he predicted the re -zoning of the Koenig property would he a detriment; National City may go down in history as having the first shopping center consisting of pawn shops, second-hand shops and girlie shows. HERMAN BACA, 105 South Harbison, was present and said he was opposed to the rezoning; he spoke as a concerned citizen and as a representative of MAPA; he wished to talk about an attitude that had pre- vailed in National City for too long --worship of the almighty dollar. Mr. Baca inquired if the Planning Commission was responsible to the citizens or to the vested interests. Mr. Baca said he was especially concerned when a National City Councilman threatened people of Bonita with low cost housing as an alternative to the shopping center. Mr. Baca asked what would become of South Bay Plaza, and can we afford two blighted areas. Mr. Baca said he and MAPA backed the citizens of Bonita. VICENTE PARTIDA, 1941 K Avenue, was present and said the Council was displaying the same attitude as when they tried to take his parents' home away from them; we are once again getting bogged down in the area of the dollar, the asphalt jungle, and money. Mr. Partida asked who will benefit from the re -zoning and said you are talking about people, forget the money; National City has several problems: too many people, not enough housing, and needed recreational facilities. TOM RUIZ, 2204 East 4th Street, was present and said three of the gentlemen sitting at the Council table ran with him in this last election and pledged their hearts and souls to National City; he was opposed to the re -zoning; and from what he heard expressed here tonight there was no question which way the Council should vote. Moved by Hogue, the hearing be closed and the request for re -zoning be denied until we find out if there is some other way to return this area for recreation. Died for lack of second. There was Council discussion. Moved by Reid, seconded by Camacho, this hearing be closed anip referred to the proper authorities and this zoning be approved includin9 the Director o Planning's recommendation. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. 7/7/70 110 ORDINANCE NO. , An ordinance amending Ordinance No. 62, Zoning Ordinance of the City of National City crealiftg a Commercial Major Shopping Center and Convention Planned Development Zone and establishing a Commercial Major Shopping Center and Convention Planned Development Designated Floodway Zoning on all that property within the Xoenig Annexation No. 1 and No. 2. Moved by Camacho, seconded by Reid, the ordinance be given itlIIIIII22AilajaILLEt. Carried by unanimous vote. The title was read. MAYOR MORGAN called a recess at 9:25 p.m. The meeting reconvened at 9:30 p.ra. Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. REPORT OF CITY ATTORNEY - No report. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $16,256.95 Traffic Safety 1,040.63 Capital Outlay 9,820.19 Park 1,063.21 Drainage 256.49 Sewer 1)301.52 Total 29738.99 Moved by Camacho, seconded by Waters, these 411s be,paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED 3Y THE FINANCE COMMITTEE in the amount of $97,331.82, was presented. Moved by Hogue, seconded by Reid, the payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. HEARINGS (continued) The HEARING ON THE ADOPTION OF ORDINANCE TO ADOPT BY REFERENCE THE CALIFORNIA FIRE CHIEFS' ASSOCIATION UNIFORM FIRE CODE, REVISED 1967 EDITION, was held at this time. City Clerk Minogue stated the Certificate of Publication was on file. City Attorney McLean said this was simply updating the existing Uniform Fire Code; the law requires a public hearing be held so that any interested person could be present to express his views. No one was present in this regard. Moved by Hogue, seconded by Waters, the hearing be closed and the ordinance be mreti2tE)LdtR:atsauijsa,e2Lx_2titaforadotiorlc22a:. Carried by unanimous vote. ORDINANCE NO. 1245, "AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND REPEALING ORDINANCE 1243 OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Hogue, the ordinance be adoyted. Carried by unanimous vote. REFERRALS The Agenda listed a report by the City Attorney in regard to the responsi- bility for cleaning of parkways. The City Attorney said the City Manager wrote the Council a letter covering that subject. Councilman Hogue inquired if they were to believe that the people were now responsible. City Attorney McLean said so fax as maintenance was concerned, but so far as beautifica- tion was concerned, we don't have a City law that says you have to keep the parkway beautiful; the City and State laws say keep it free from weeds and trash and safety hazards; there is no law that says the property owner has to have a beautiful parkway; if he keeps it clean and not dangerous, he is complying with the law. 7/7/70 111 The Agenda listed reports from the National School District and G=M-U, Inc. in regard to an application for a new on -sale beer license, National City Golf Course Restaurant. City Manager Osburn said he did not have that re- port from the School District yet. Moved by Hogue, seconded by Camacho, the Council go on record as filin this re uest for a beer license in the park area. Councilman Waters said he checked with the Superintendent of the School District; he has a set of plans which he asked for drawn up by Fuji- moto, Fish & Bird and it looks like a. very good plan; he would vote for it. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. The POLICE CHIEF'S report and recommendations regarding safety measures on First Street, Euclid Avenue to U Avenue, was presented. Moved by Hogue, seconded by Reid, the recommendation of the Chief of =olice be a roved. Carried by unanimous vote. UNFINISHED BUSINESS An application to move an apartment building from 2008-2032 East 21st Street to 915 N Avenue by MBL.STYN and ANNA INGALLS: (1) Communication from Director of Planning outlining four points of agreement reached with Mr. & Mrs. Ingalls and recommending off-street parking of one space per unit (8' x 18'); (2) Communication from Mr. & Mrs. Ingalls agreeing to dedicate 5' strip along N Avenue, not to protest 1911 Act Improvement of N Avenue, to dedicate my 20' of property as alley, and requesting waiver of the permanent improve- ment of N Avenue until it is improved between 8th Street and Plaza Boulevard, etc. were presented. Director of Planning Stockman said she met with the ap- Iic!n... who desire to move the building and she agrees that the Zoning Ordinance at the present time does require only one off-street parking in an R-4 Zone, one off-street parking for each unit; she would, therefore recommend this be reduced to 13 off street parking spaces, 8' x 18' ; the property owners have agreed to dedicate the necessary 5' for the widening of N Avenue at this time to a 60' right of way and have agreed to set back their building in accordance with the Engineering Department statement that possi- bly N Avenue will be widened in the future to a 80' right of way; however, they have submitted their own letter requesting approval of this plan and they will dedicate the northerly 20' of the subject property east of N Avenue for an alley; they also have a letter attached requesting their idea of improvement of this; they have agreed to underground all public utilities in accordance with City Ordinance No. 1181; this means that all utilities within their property will be underground; the exterior surface of the structure will be repainted. Council discussed the matter. Moved by Morgan, seconded by Hogue, they pet the 80' dedication it would be 5' lus 10 there and we would o along with the 8' x 18' arkin because it's in the ordinance ,and we would give them 2 years to ave th,e alle same as we did on 4th Street ane the do their half their art of the street N Ave. ). Melvyn Ingalls, 945 Cuyamaca., Chula Vista, was present and said they didn't require an 80' street at the last meeting; he heard through the Engineering Department they would probably want an 80' road there eventually; so he agreed that as long as that was the way they wanted to do, the building would be in the way if they wanted to do that, so he moved the building back, redrew the plan another 10' so that you could eventually. Mr. Ingalls said in regard to the alley it seems unfair that he had to dedicate the whole 20' strip and pave it; he would have paved it anyway with AC which he has agreed to do but why does he have to pave it with concrete plus dedic at e the 20' and now they're even talking about his dedicating the whole thing on N Avenue plus paving it; he was giving 5 anyway, and he could give another 10'; he would have to give it later on anyway so he might as well plan his building so they could get the street through there; it would cost him the same amount of money; the only thing that was going to cost him money was the alley. Moved by Morgan, seconded by Waters, an amendment be made to the motion_ we re uire tda to bring the alley up to National City Code within 2 ears on the south half of the alle he winas oto dedicate 1O' . Amend- ment carried by unanimous vote. Motion carried by unanimous vote. 7/7/70 112 The request of EDWARD G. SCOTT, ECONOMIC DEVELOPMENT, S. D. URBAN LEAGUE, INC. to consider the application of 3raggs Ambulance Service for a license to operate in National City (Certificate ef Insurance attached) was present- ed. Moved by Hogue, seconded by Camacho, IhtBIN2LanAmncrvice be 2i.....v,a2,22:p2±±1129i2delientsfroesanDiear"intoParadise Valley Hospital and to take patieiiiiliiiii7:57,5aIWTaliT7177777 the National City area. Carried by unanimous vote. NEW BUSINESS The result of the opening of sealed bil^ kmalmipo.q.spb44Ift. V. R. Dennis Construction Co. 60/70 and MC800 $6.37 ton; ri:E11.1Tx COW6/70 and MC800 $6.60 ton; Daley Corporation 60/70 $6.75 ton, MC800 $6.95 ton. The City Clerk stated the Certificate of Publication was on file. City Manager Osburn stated the bid of V. R. Dennis was low bidder of 4 bids, the price being $6.37 a ton; he recommended they accept the bid of V. R. Dennis Construction Co. and reject all others. Moved by Reid, seconded by Camacho, the recommen- dation of the City Manager be approved. Carried by unanimous vote. The result of bids for tires, fiscal year 1970-71: South Bay Tire Co. 25% off State & Federal Net; Goodyear Service Store 25% off State & Federal Net; Dorman's Inc. - no noted percentage of discount and the Director of the De- partment of Public Works recommendation to accept the bid of the South Bay Tire Company were presented. Moved by Hogue, seconded by Morgan, the South Tire ..BIltrom....ae.....s2r2trsorREFLEhaseofCitytires. Carried by unanimous vote. The Affidavit of Fire Inspector that certain provisions of Ordinance 1155 have been complied with and weed abatement can proceed was presented. Ordered filed by unanimous vote. The petition of eight property owners for the improvement of 7th Street east of T Avenue (grade, pave, driveway, and curb) under special assessment pro- ceedings was presented. City Manager Osburn recommended this be referred to the Engineering Department for a report as to thepercentages. Moved by Camacho, seconded by Hogue, aftsksiendationbearoved22. Carried by unanimous vote. A communication from the CITY MANAGER outlining the operation of the South Bay Guidance Clinic and their request for space in National City for one day a week clinics was presented. Moved by Hogue, seconded by Reid, this be tabled until they have further meetings to find that such a space is avail- able. Councilman Waters asked the City Manager. if Mr. Collins (Narcotics Prevention & Education Systems, Inc.) was present at the meeting. City Manager Osburn said he was not; this was strictly between the South Bay Guidance Clinic and himself. Councilman Waters said what it appeared to him in the report was they were asking for an office and 3 rooms for treatment and a possible site would be the Casa de Salud; it appeared to him it was a possibility that this project will cost a lot more in the long run than the one Mr. Collins offered in the past; he had his own place and he only wanted $900.00. Vincente Partida, 1941 K Avenue, was present and said when NPES applied for an in -kind contribution of the rent for a total amount of $900.00, they were refused and given the back door treatment and were never called to the City Manager's office; when they tried to advance material to him, he stated before the Council he never received the material; they refused them because the Council said they couldn't be biased either to NPES, the South Bay Guidance Clinic or any one of the other drug abuse programs. N. R. Richardson, President, South Bay Guidance Center, was present and said the Guidance Center was a non-profit organization which was set up for the citizens of National City, Chula Vista, and Imperial Beach to provide mental health facilities for South Bay indigent people; it just happened that the facility was located in Chula Vista; at the present time it serves many people from National City, Imperial Beach and all of the South Bay; what they wanted to do was to make it easier for people without transportation to get treatment and get a place not only in National City but in Imperial Beach and San Ysidro so they can send a traveling team of psychiatrists, psycholo- gists, and social workers to provide treatment for these people and their 7/7/70 113 children closer to home; the fees for this service are paid for 105 by the County and 90% by the State; in addition to this, they do accept a limited number of people not qualified under the County's program (not elibigle be- cause of financial resources); they accept them at the same fee paid by the County to reimburse the staff. Motion carried by unanimous vote. A copy of the communication to the Mayor and Members of the El Cajon City Council (proposed model ordinance attached) requesting a hearing at the budget meeting, etc. from Fenn Ellery, Chairman, Ad Hoc Committee for Chicano Business Promotion and Ruben Romero, Vice Chairman Greater San Diego Chapter, G. I. Forum was presented. Alex Torres, 1931 Roosevelt Avenue, member of the American G. I. Forum, National City Chapter, was present and said they have now merged and there would be five communities working in consort for business community programs, also for community development; their plan was projected from a plan already in operation in San Diego; the San Diego Chamber of Commerce has done effective promotion; this consortium for minority business promotion was in keeping with the Nixon Administration policy; it was also in keeping with the HUD concept; he mentioned HUD be- cause he knew they were developing lands here between 18th and 30th Streets; in the General Plan which was projected to 1985, they were going to start developing an industrial complex and lands; they must integrate the private enterprise in the business community with community action. Ruben Romero, Vice Chairman, Greater San Diego Chapter, was present and said his family lived in National City over 50 years and owned property at 1713 Wilson Avenue; he wanted to emphasize to them the Federal Commission on Human Rights has just filed the report to the effect that the Mexican -American (Chicano, if you will) has been shortchanged in southwest United States in all areas of human endeavors; this was unbiased; there was a thorough investigation; it behooved every city in the County of San Diego to take a closer look at things they were doing and the things they had done; they have come up with a plan; what they really wanted and were trying to achieve is cooperation from the City; they were appealing to the Council for their help to help people who need that help. R. J. Brown, 1190 South Euclid Avenue, was pres- ent and said he was with the organization & was the Dir. of Education for 8 western states and they were here to let you know they support the endeavors of these people. Fenn Ellery, 4150 Bonillo Drive, was present and said the proposal was county -wide; there was quite a bit of revenue from the room tax, 5 occupancy tax. Mr. Ellery spoke of monies obtained by other organizations,and requested some sharing of this room tax promotion funding; they would set up an organization which would build up on many of the resources which already exist; they will be appearing in Escondido tomorrow evening before the City Council and El Cajon next Monday evening; basically, they will be appearing before the County tomorrow morn- ing trying to put together pieces to come up with as close to the total budget as possible for this purpose. Mr. Ellery said Mr. Torres was the HUD graduate fellowship recipient; out of 1200 candidates, he represents National City, was one of 32 selected; the fellowship will amount to $3,000. - $4,000. Mayor Morgan recommended he come in and talk with the negotiator, the City Manager; he could make a recommendation and the Council could consider it. Moved by Waters, seconded by Hogue, this item 6 the communication which 1.12222.2.22.0e refer to be referred to the City Mana9er for a report to be brou9ht back in three weeks (amended motion). Carried by unanimous vote. Bill Barton, 2917 N Avenue, was present and inquired what the time table was for improving N Avenue from 30th to 8th Street. Mayor Morgan said he knew of no proposed plan from 26th Street to 30th Street; it will be a cold day in July when that's done. A copy of the communication from POLICE CHIEF CAGLE to JOSEPH L. FLORENTINO, 3543 Cagle Street, congratulating him on being selected Honor Man upon graduation from the San Diego County Sheriff's Reserve Academy was present- ed. Moved by Camacho, seconded by Reid, this be filed and the Cit Manager give this man A Certificate of Commendation for work he did at the Sheriff's Reserve Academy. Carried by unanimous vote. 7/7/70 114 A notice of public hearing before the San Diego County Air Pollution Con- trol District, Tuesday, July 14, 2:00 p.m., Roca 358, 1600 Pacific Highway, to consider proposed changes in the rules and regulations of the District was presented. Ordered filed by unanimous vote. Councilman Reid inquired who would go. A communication from► STATE SENATOR RANDOLPH COLLIER in regard to diversion of gasoline tax and requesting adoption of a resolution opposing diversion (AB 1320, resolution, etc. attached to Agenda) was presented. City Manager Osburn said Mr. Collier is quite interested in it and is opposed to using the money for rapid transit or any other type of transportation other than building highways at the present time; this is something the Council will have to make a policy on. Moved by Reid, seconded by Waters, they continue to use it on the freeways. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. A communication from LEE F. REESE,k DISTRICT MANAGER, BUREAU OF THE CENSUS, stating the preliminary announcement of population of National City is 39,368 was presented. Ordered filed by unanimous vote. A communication from the MAYOR OF SIGNAL. HILL urging support for the adopt i onw of SS 966 and 967 (providing for termination of unproductive oil leases) was presented. City Manager Osburn said their interest is in trying to reacquire land for public use and they're asking the Council''s support In regard to SB 966 and 967. Moved by Hogue, seconded by Waters, the Council go on record as in aloe with Si nal Hill and SB 966 and 967. Carried by un- animous vote. Communications in regard to traversable highway route (54 and 125 between 805 and 94)Z (1) W. R. Dotson, District Project Studies and City -County Engineer, Division of Highways, (2) Robert T. Martin, Assistant Secretary, California Highway Commission, were presented. City Manager Osburn said this was for information. Ordered filed by unanimous vote. Approval of step increases for eligible employees, approved by department heads and the City Manager: Walter Parmley, Charles Skipper, Public Works; Donald W. Cagle, John D. Johnson, Police Department, were presented. Moved by Cazaacho, seconded by Reid, the ste increases be roved. Carried by unanimous vote. A communication from the CITY MANAGER filing 3 items with the City Clerk (No Council action necessary): (1) Minutes of theaegular meeting of the Board of Directors of the South Bay Irrigation District dated June 3, 1970; (2) Minutes of the special meeting of the Board of Directors of the South Bay Irrigation District dated June 9, 1970; (3) Agreement for electrical supervisory and inspection services in connection with the construction work at El Toyon Park dated June 30, 1970 between John Wesley and the City of National City, was presented. REP DRTS CITY MANAGER OSBURN reported receipt of a League of California Cities bulletin today which relates somewhat to their decision on the 10-mile limit; it's a bill that was introduced in the Senate of the State and provides that no local agency or district shall require that its employees be residents of such local district or agency; this bill will be heard in the Assembly Committee on Local Government on July 9; If the Council desires, they could take action to oppose this thing or support it tonight so that he could notify them by the 7th. Moved by Hogue, seconded by Waters, the Council go on record as oOPosiny this bill. Carried by unanimous vote. CmTY MANAGER OSBURN reported receipt of an announcement that the Bay Area Regional Government has been approved; this is a precedent, it is the first Regional, Government in the State of California. CITY MANAGER OSBURN reported there is no change in status in the following bills: Policemen's and Firemen's Special Benefit Bills; SB 1293 (compulsory mediation), SB 941 (requiring time and half for overtime for policemen; 7/7/70 115 SB 695 (police pay); SS 601 (relating to the retirement.) Councilman Reid said they had responded about seven times. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of two notifications from the Army Corps of Engineers that they will dredge in the South Bay area a channel 35' deep in 2 particular areas: one at the foot of J Street for the Chula Vista small boat facility (he could see no objection to this) and to dredge and stockpile fill dirt at the northwest corner of Chula Vista (which does concern our fishing area); he would like to get the reports on this prior to approval so they could determine at that time whether or not to object to this project, if it will ruin our fishing pier or fishing within the area. Moved by Waters, seconded by Camacho, the City Manager's recommendation be% uroved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from Mr. Crapo of the National School District; they are moving 2 relocatable buildings to the southwest corner of 9th and E Street to be used as pre-school classrooms; they are requesting that they be exempt from the requirements of Ordinance 1181 requiring the undergrounding; they say this will cost them an additional amount of money and these buildings are moved from time to time as the pop- ulation shifts. Moved by Hogue, seconded by Camacho, this request be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of two telegrams from the Mayor and the Assistant City Attorney of the City of Santa Monica requesting our opposi- tion to SB 1053; it's a tidelands bill which was out of the sub -committee with a recommended "do pass;" there has been an amendment to the bill which would require the splitting of any accrued revenue in excess of S250,00O.O0 with 85% of this going to the State and the 15% going to the tidelands trustee. Moved by Reid, seconded by Hogue, they oppose the bill. Carried by unanimous vote. CITY CLERK MINOGUE presented: (a) Communication from the County Tax Collector in regard to a Notice of Intent to Deed tax delinquent properties; (b) Copy of communication from the City of Chula Vista to Division of High- ways in regard to the connection of State Highway Route 54 to Tidelands Avenue (resolution attached) ; (c) City of San Marcos' resolution expressing the City's support of President Nixon's efforts to aid American prisoners - of -.war in Vietnam; and (d) Public Notice, Rear Adm.. Charles Tighe, U. S. Coast Guard of the proposed marina to be excavated on the Nevada side of the Colorado River approximately 5 miles north of the California --Nevada border. City Clerk Minogue stated the items were for information; however, they may want to lay Item a on tax delinquent properties over until next week. City Manager Osburn said he didn't have any information on this; he was sorry he hadn't seen this one for some reason. Moved by Waters, seconded by Reid, this be laid over to the next re larl scheduled meetin . Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion the application for deferral of the installation of curb, gutter and sidewalks at 801 W. 13th Street be denied. Moved by Camacho, seconded by Reid, the Planner's recommendation be approved. Carried by unanimous vote. DIRBCTDR OF PLANNING STICKMAN presented the Planning Commission recommendation of approval of signs as proposed by the Fed -Mart Corporation, Euclid Avenue at Plaza Boulevard. Mrs. Stockman said they did approve the sign at the last meeting and recommended this, item be filed. Moved by Reid, seconded by Camacho, the recommendation be rov . Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:40 p.m. City Clerk City of National City, California 7/7/70 116 The foregoing minutes were approved by the City Council of National City at the regular meeting of July 14, 1970. No corrections LJ Correction as noted below Mayor, City o National City, California 7/7/70 7