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HomeMy WebLinkAbout1969 08-26 CC MIN14-1 Mlii-trrES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 26, 1 6C The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: McLean, Minogue, Civil Engineer Associate Newberry, Osburn, Stockman, Watts. :`.2 meeting was opened with salute to the Flag led by City Manager Osburn r lowed with invocation by Councilman Colburn. N _ved by Camachc, seconded by Reid, the minutes of the regular meetings of A: ust 12 and August 13, 1969 be approved. Carried by unanimous vote. C'.UVCILMAN CAMACHO expressed appreciation for being authorized to attend the 6th Annual United States -Mexico Sister City Conference in Los Angeles. V'.E MAYOR REID expr. ,•eciation to Director of Parks & Recreation Ihaley, Recre.: 'n Depar,t and other City employees for the successful Junior 0 ympics :;.vim Meet recently held in National City. COUNCILMAN COL3URN stated Edith Sherman, Chamber of Commerce Executive Secre- tary, was recuperating from surgery and suggested a note be sent to her from the Council. COUNCILMAN COL3"JRN stated the August 1 iss.e of the United States Municipal News reported the average maximum salaries in 1;58 in cities with population of 100,000 or more were $9,247.00 for police patrolman and $8,778.00 for fire fighters; the National City salary range for patrolmen in 1968 was $7,788.00 to $3,468.00 and the maximum for firemen was $3,240.00 which is above the reported average maximum; copies should be sent to the heads of the referenced departments to help upgrade morale. COUNCILMAN COLI3URN stated a picture of the President is not exhibited in all City buildings. City Manager Osburn said they had been trying to obtain some; there are some large sized ones ordered. COUNCILMAN COL3URN stated the August 17th San Diego Union contained a story, "Teens Claim Credit;" a group of teenagelm in Fresno claim to have closed a theatre featuring nude movies; he suggested if any youth group that might be interested could take on such a project and accomplish what the Council set out to do. COUNCILMAN COL3URr! stated the bus stop zones on 8th Street were not marked; recently a policeman wrote a parking violation for a car parked in a bus stop zone even though it was not painted red; also, there are no red curbs at fire plugs nor any center strip marking to indicate a division. Councilman Colburn said on Friday, August 8, there was a traffic count on 8th Street at different hours and at different locations; there was not a count on National or High- land and he wondered if additional study was to be made. Civil Engineer Associate Newberry stated Chula Vista made the counts; during the peak hour on 8th Street 1460 cars traveled east between National and D and 1220 cars east of D, a loss of 240 cars per hour indicating turn movement at D Avenue; the following week study showed 85% of the cars were truning right, but there are a significant number turning left between the hours of 4:00 and 5:00; they have not had the manpower as yet to make the study of National Avenue and High- land Avenue. Mayor i;organ said there will be a notice of completion for 8th Street next week. COUNCILMAN HOGUE reported George Pearson, a member of the Little League Tearu that represented National City in the National Series, was killed on August 1: 8/25/69 (Rev.) 142 in Viet Nam; the Council should either send a representative cr flowers. MAYOR MORGAN stated water lines and public utility poles were delaying some 1911 Acts and other street projects and inquired if the companies could co- ordinate their work with the city's. City Manager Osburn replied they try to do this by notifying each of them in advance when they knew they would be doing the street; a meeting is held with these people and the contractor; he was told by the water company that all of their construction crew is working in ihtional City now. 'OR MORGAN presented a 25-Year Pin to Kenneth C. Boulette, Park Department aoyee, for his faithful service to the City. C:•.JNCILMAN HOGUE suggested a plaque commemorating the Junior Olympics be in- lled at the Municipal Pool (noting the national records made there). Moved by Hogue, seconded ny Colburn, we purchase or get Quaker Oats to purchase, a Li39ue of this nature to install at our swimming pool. Mayor Morgan suggested fr;ture employment of a swimming instructor who can spend more time teaching tf-2 children hew to swim; when they get to a certain point now they have to no to Coronado or Chu1a.;Tista; he would rather see them continue swimming for t'.'? City of National -. ,°ayor Morgan asked the City Manager to present cats for a coach fc <:.,anced swimmers next year at budget time. Motion crried b; .ianimoua `vole. CONSUELO RUBIO, Chairman, Sister City Committee, 172; Cleveland Avenue, was present and reported on the 6th Annual United States -Mexico Sister City Conference in Los Angeles: she, Mr. Rubio an:: Councilman Camacho participated in the Conference and the City of National City and Tecate were mentioned many times; next year the meeting will be held in Taxcc and she hoped National City would participate. Mrs. Rubio thanked the Council for the opportunity to participate in the Conference. E. H. ALSDORF, 2105 J Avenue, was present and asked for repeal of the ordinance prohibiting scrap, etc. Moved by Colburn, seconded by Reid, Mr. Alsdorf's recommendaticn be approved. Motion failed by the following vote, to -wit: Ayes: Colburn. Nays: Camacho, Hogue, Reif, Morgan. E. H. ALSDORF, 2105 J Avenue, said on 10th at D Avenue there is a rough spot in the pavement; this will be the second through street in town and suggested some of the holes be filled. Mayor Morgan said the plans for Plaza Boulevard (formerly loth St.) were completed and will go to bid soon. E. H. ALSDORF, 2105 J Avenue said for approximately 21 years he had been try- ing to get a safety gate on the walkway into the Civic Center; the last time he brought this up the statement was made this was in the budget and woulf be done soon. ROY EDWARDS, BUILDING CONTRACTOR, representing John H. Jenkins, was present regarding the plans for the Dog House ;gar at 840 National Avenue and said he was to remodel the face of the building; his daughter destroyed his drawings of the proposed exterior; he can draw another picture but would like the Council to withdraw their protest tonight. City Manager Osburn said the Council protested. the (premises to premises transfer) application until the owner presented plans of the building. Mr. Edwards said all of the structural plans were approved; everything was approved except the exterior appearance; the building is red brick and they will chane the exterior color using dark and light green paint and going 3' high with expensive artificial stone which looks like a driftwood stone; one of the existing windows will be left open; they will decorate the exterior of the building to meet Council's specifica- tions. Councilman Camacho inquired if Mr. Jenkins would agree not to open the door until the building was completed and approved. (Councilman Hogue left the Council Chambers). City Attorney McLean said they had never tried to enforce an oral promise; he thought if they went back to the ABC and told them the operator had misrepresented his remodeling plans to Council, ABC would stop his operations and the City could file suit. (Councilman Hogue returned). Moved by Colburn, seconded by Camacho, this be referred to the 8/26/69 (Rev.) 143 City Attorney and the Council (upon voting in laver of the motion) approve the withdrawal of the pretest so long as the City Attorney had the proper comments written in that wculd guarantee the Ciiy we would have a good looking building. City Attorney McLean said this was if the owner would give his written statement of his intentions to remodel and then the City would with- draw its protest. Mr. Edwards said Mr. Jenkins gave him $3,000.00 to remodel the exterior which would take care of a lct cl remodeling. Councilman Hogue ,suggested they allow Mr. Edwards to come back next week and show them a plan c:f the building. Councilman Colburn inquired as to the completion date of the 'terior remodeling. 4r. Edwards said it has been under construction for ;:_*proximately two weeks. Councilman Colburn inquired if they were going to do a.;more construction before A3C gives them the go-ahead. Mr. Edwards said was no sense in running into a lot of exdense and not get a license. Councilman Colburn said he would withdraw the motion if second wculd withdraw nv'd ask Mr. Edwards to come back next week to satisfy the Council with the drawing. Mayer Morgan told Mr. Edwards he could bring in a plan next week. Mr. Edwards said there was a time limit with A3C; A3C has to send this on to Sacramento; they wait the time limit on the protest; this is the last meeting ti •^y could have before it would be sent to Sacramento. City Attorney McLean said he would be happy to call a hearing officer downtown and tell him the O-uncil is reconside:-_•_:i , action failed by the following vote, to -wit: Ayes: C., lacho, Colburn. i:.- ;::e, Reid, Morgan. 1Ik3. TOFT, .)33 Edgerton Way, was present and said two weeks ago Council was galled to consider making Edgerton Way a one way street down the hill to the Piaza. Mayor Morgan said the item was lister on the Agenda and would be taken up later. Councilman Hogue inquired if Mrs. Toft represented everyone on her street. Mrs. Toft said she has talked to each one on the street and they are all in favor of sharing the cost of having the street resurfaced; all except one are in favor of having the street made one way. Mayor Morgan said this will be taken up at the time listed on the Agenda. The CONTINUED HEARING TO DETERMINE WHETHER CR NCT _'iI3 PU8LIC CONVENIENCE AND NECESSITY REQUIRE THE ISSUANCE OF ONE TAXICA3 ?ERWIT REQUESTED BY CITY CA3 COMPANY was held at this time. City Clerk iiincgue said copies of the appli- cation by Hubert J. Lansch, dba City Cab Co., for a business license, the Insurance Binder and the Certificate of Insurancev*T2 attached to the Agenda. Hubert J. Lansch, 3ES 22nd Street, San Diego, was present and said this was not an application for a new license but for a transfer of business; the busi- ness was previously owned by Mr. Clyde Hogue. Councilman Hogue inquired if a license could be purchased. City Attorney PicLean replied Mr. Lansch co4•.1d get credit for his City business license, taxes that have been paid, but he can't buy the certificate to operate the cab company in National City; this is why he is here; this is a one car cab company. Mr. Lansch said the company has been in business for years; he has had 22 years experience as a cab driver; he is a married man, has one child and thought This was a good proposition when Mr. Hogue made ±t to him. Helen Allen, 2239 E. 18th Street, was present and said if any of them had to wait a half an hour for a cab they would say "yes" to the request. Moved by Hogue, seconded by Camacho, the hearing be closed and this 9en .Leman be granted the right to operate the cab in National City. Carried by unanimous vote. Moved by Camacho, seconded by Hogue, the following nine resolutions be rear; by title. Carried by unanimous vote. RESOLUTION NO. 912, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUNS) EXPENDITURES (Public Works Yard)." Moved by Reid, seconded by Camachc, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. :13, "RESOLUTION ACCEPTING CCN11BYAiCZ OF REAL PROPERTY (14th Street and 'i`I' Avenue)." Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NC. 9914, "DEDICATION OF CITY OWNED eRcFaRTY FOR PUBLIC STREET JR- POSES (14th Street and 'N' Avenue)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. 8/26/69 (Rev.) 144 RESOLUTION NC. S91'', "RESOLUTION ACCEPTING COH7EYAIICE OF REAL PROPERTY (Harbison)." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9515, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of Harbison)." Moved by Hog:e, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. : SOLUTION NO. 9917, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURES rr:ational City Public Library)." Moved by Camacho, seconded by Reid, the Res- +.ition be adopted. Carried by unanimous vote. R=.OLUTION NO. S513, "RESOLUTION ACCEPTING CCTiEYANCE OF REAL PROPERTY (20th La Siesta)." Moved by Reid, seconded by Camachc, the Resolution be adopt- c. Carried by unanimous vote. RC -SOLUTION NO. :19, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PU POSES (La Siesta Way)." Moved by Camacho, seconded by Colburn, the Resolu- tion be adopted. Carried by unanimous vote. P7SOLUTION NC. 9;20, "RESOLUTION AUTHORIZING EX CtT_IOiI OF AN AGREEMENT BZs1WEEN THE CITY C r' 'IATIONAr- CI'-: _' An) STONE & YOUNGBER3." Moved by Hogue, seconded b; Colbur.- he Res,.?_:zico be adopted. Carried by unanimous vote. C2DINANCE 1 , 't.n ordinance amending Ordinance :62, Zoning Ordinance of t' City of National City, providing regulations for the conversion of resi- c itial st�uct.ares to commercial usage," was presented for first reacting. i.<;ed by Camacho, seconded by Colburn, the first reading of the ordinance be Ly title. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Camacho, the following two ordinances for second reading be read by title. Carried by unanimous vote. ORDINANCE NO. 1227, "AN ORDINANCE ESTABLISHING OPERATING REGULATIONS AND LICENSE FEES FOR CARNIVALS, CIRCUSES, TRAVELING SHOWS, AND MIDWAYS." Moved by Colburn, seconded by Reid, the Ordinance be adopted. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: Morgan. ORDINANCE NC. 122S, "AN ORDINANCE AIMENDING ORDINANCE 1201 AND DIVISION 4 CHAPTER 40 OF THE NATIONAL CITY MUNICIPAL CODE PRCVIDING FOR LICENSING 0 PEEP SHOW DEVICES AMID DEFINING CONSTRUCTION Aid') SAFE STANDARDS FOR PEEP SHOW ESTABLISHMENTS." Moved by Colburn, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. BILLS AUDITED SY THE FII?ANCE COMMMSITTEE were presented: General Fund $17,3J�.43 Traffic Safety 4,2 .01 Capi.ial Outlay 23,11.33 Park 339.34 Library Capital Outlay 163.00 Special Street Fund 3,S 3.56 Sewer 217.47 Civic Center Fund 4;7.58 Total $50,44;.82 Moved by Camacho, seconded by Colburn, the bills be -aid and warrants be drawn. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Mays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $94,652.24 was pre- sented. Moved by Colburn, seconded by Hogue, the payroll be approved. Carri- ed by the following vote, to -wit: Ayes: Camacho, Cclburn, Hogue, Reid, Morgan. Nays: ,done. 8/26/69 (Rev.) 145 The repert of the CITY ENGINEER and POLICE CHIE2 in regard to prcposed one-way traffic - Edgerton Way, was presented. City Manager Osburn said Edgerton Way is a narrow street and: the recommendation is tc make it one-way off of 8th Street with signs installed at the termination cf the street in the vicinity of 9th to control one-way traffic; the total width is 30' but the completed width if paved would be 241'. Councilman Cclourn inquired if there would be a 1911 Act on the street. City Manager Osburn replied he assumed if the pro- perty owners improve the street, they would as!: the City to surface it; the c•irbs will go against their fences. Councilman Coburn inquired if it was he City Manager's recommendation the street become one-way as soon as possi- C•'.e. City Manager Osburn said it was. Moved by Colburn, seconded by Camacho, the Police Chief's, City Manager's and City Engineer's recommendation be ,roved. Councilman Hogue said he would have to vote against it as he did know what the people on the street wanted. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Reid, Morgan. Mays: Hogue. Communications in regard to CHANGE AND EXPANSION OF GROUP INSURANCE POLICY: (a) Bayly.. Martin & Fay, Inc. outlining a dental program at $4.25 per employee per month; (6) City Manager's recommendation offers of Home Life Insurance Company of 513.77 medical and $4.25 dental per employee per month be approved, « re presented. Moved by Colburn, seconded by Reid, both of the recommenda- tions by tit ':ity Manager be approved. Councilman Hogue stated he was against the reco.,.:-.-ec:: :inn regarding the dental program; the employees recently re- ceived a gc:od raise and he did not think the people of National City should have to pay their dental bills; he would like to vote on the recommendations s. parately. : • ion and second withdrawn. I%,ove6 by Colburn, seconded by Reid, recommend_tica cf the City Manager the present carrier (California Western) dropped and the new insurance carrier for our group insurance, Home Life :.; urance Co p any at $13.77 per month per employee be approved. Carried by ',:,ni.mou._, vote. Moved by Colburn, seconded by Reid, the Home Life Plan at month ,per employee for .dental coverage be a roved. Councilman y^^•,.= the 4.25 in addition to tie recent pay raise was "kicking" the ite a bit more; the employees can pay their own dental bills as he in the community do. Charles i•4icone, 440 E. Plaza Boulevard, was said he agreed with Councilman Hogue, and asked the City Manager .•;r of anyone who gave their employees this ;Ian. City Manager Csburn they used two unions' policies as guides. Councilman Colburn said C5.'y deserves a good day's work from the employees and this could be call- . .'..-:'entive maintenance; employees off -time is costly to the City. Motion to F:`:•?--ove the recommendation of the City Manager carried by the following vote, to -wit: Ayes: Camacho, Colburn, Reid, Morgan. Nays: Hogue. The .:.quest of the CHRISTIAN RECORD BRAILLE FOUiDATION, INC. to solicit in the National City business area for 1959, the 3usiness License Clerk's report they are R non-profit, non-sectarian corporation providing free services to the blind and visually impaired and the City Treasurer's recommendation of approv- al, w,:re presented. Moved by Reid, seconded by Colburn, the request be approved. Carried by unanimous vote. The request of MRS. JOANNA CARLSON, CHAIRMAN, WAYS & MEANS COMMITTEE, PRECEP- TOR BETA XI CHAPTER OF SETA SIGMA PHI, for a no fee permit to hold a rummage sale at the American Legion Hall, 35 E. 13th Street, October 4 with proceeds to be donated tc the Cystic Fibrosis Fund, the 3usiness License Clerk's report and the City Treasurer's recommendation of approval, were presented. Moved by Colburn, seconded by Hogue, the request be approved. Carried by unanimous vote. A notice (plat attached) from the U. S. ARMY CORPS OF ENGINEERS of an appli- cation by the San Diego Unified Port District for a permit to dredge an area 500' wide by 1,200' long to a depth of 45' below mean lower low water and de- posit approximately 500,000 cu. yards of material adjacent to J Street in Chula Vista and inviting interested persons tc give written comments or ob- jections on or before September 12, 1969, was presented. Ordered filed by unanimous vote. 8/26/69 (Rev.) 145 A communication from RC3ERT M. CODUSI.S, SEi?ICR WQC ENGINEER, DIIISION OF WATEa QUALITY CONTROL, stating the National City rrc,,-ect was deleted from the 1959- 70 priority rating list, was presented. Moved by Hogue, seconded by Reid, the City Manager be given authority to contact :-IUD to see if they could assist us in the same project. Carried by unanimous vote. Step increases for eligible employees, approved by department heads and the City Manager: Jeffrey M. Albright, Fire Department; Charlene O'Donnell, "Planning Department, Kathryn Warburton, Library, were presented. Moved by Colburn, seconded by Hogue, the three step increases as listed be approved. C 'rried by unanimous vote. Communications in regard to County -wide fire communications network: (a) D?puty Chief Administrative Officer, County of San Diego, in regard to agree- m:rnt; (b) Assistant County Engineer in regard. to a lease purchase agreement f r radio ejuip_-rent; (c) City Manager's recommendation to sign contract, were presented. roved by Hcguse, seconded by Camacho, the City Manager be given the approval to go ahead with this project. City Attorney McLean said a resolu- tion would ce presented next week. Carried by unanimous vote. A communication from POLICE CHIEF CAr:F containing recommendations in regard to the swan maet, was ?resented. Moved by Hogue, seconded by Colburn, these recommendations oe approved. Carried by unanimous vcte. A communication from the CITY MANAGER recommending the City take steps to pur- c^ase Parcel 33 and 34 of tax deeded property from the State, was presented. Moved by Reid,, seconded by Camacho, the City Manager's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, _-/•::td, Morgan. Nays: Hogue. !: co:nmu cation from the DI`•TISION OF HIGHWA='S in regard to the initial study di th(2 '•» tional Highway Functional Classification Study," was presented. Grc; d�' flied by unanimous vote. 1. :,ic;:tion from the LEAGUE OF CALIFORNIA CITIES requesting designation of c_x sc::.ir;3 delegate and an alternate to conduct business at the Annual League Cu}a:crz'-•ce in San Francisco, was presented. Councilman Hogue suggested the iv;ay)r. :;e appointed to vote for the City. The i'iayor said Councilman Colburn rcmld -.ttend and could be appointed alternate. Moved by Hogue, seconded by Rci_d, the Mayor be the voting delegate and Councilman Colburn the alternate. Carri"d by unanimous vote. (Councilman Camacho left the Council Chambers.) Communications from the Public Utilities Commission: (a) Application of the Southern Pacific Cc. to modify the requirements of General Order 75-B; Co) Order instituting; an investigation for the pur?ose of establishing a list for the year 1970 of railroad grade crossings of City streets or County roads most urgently in need of separation or existing separations in need of alterations or reconstruction, were presented. Ordered filed by unanimous vote. Adsent: Camacho. The Minutes of the regular meeting of the Civil Service Commission of August 20, 1969, were presented. Ordered filed by unanimous vote. Absent: Camacho. The resignation of SHIRLEY A. DUPIN., LIBRAR_' CLE2 , and the Librarian's rec- ommendation the resignation be accepted with regret, were presented. Moved by Colburn, seconded. by Hogue, the recommendation of the City Librarian to accept the resignation be approved. Carried by unanimous vote. Absent: Camacho. A communication from the CITY MANAGER stating an audit, for the fiscal year ended June 30, 1 68 was received and on file, was presented. Ordered filed by unanimous vote. Absent: Camacho. 8/26/69 (Rev.) 147 A communication from the CITY MANAGER filin- four items with the City Clerk (No Council Action Necessary) was presentees: (1) Auditor's Report for fiscal year ended June 30, 1;63 from Fublic Acco:-.;ta,t Jchn C. Rigney, Los Angeles, California; (2) Notice of Cancellation from Pacific Indemnity Group, Policy No. LP 10355, effective July 1, 1;69, covering San Diego Unified School Dist- rict, et al, Education Center, Park Boulevard & El Cajon, San Diego, California; (3) Letter from the San Diego County Water Authority dated July 31, 1969 re- porting Authority operations for the month of July, 1;69; (4) Letter from the Sin Diego County Water Authority dated August 15, 195S, transmitting a certi- fied copy of Resolution No. 1093, adopted by the Board of Directors August 14, 1:59, levying a tax upon taxable property within said Authority. CITY MANAGER C63URN stated in regard to Change Order No. 1 for the Library (caused by an existing eucalyptus which prevented the proper compaction under the footing of one wall of the Library) there was not time to go to the Coun- cil meeting with it any he told the contractor to proceed; he authorized a large footing in the amount of $736.00; and a change to a steel beam which prevented running lines in the stair well as originally shown on the plans for $85.91, making a total of $821.91 in addition to the original contract and he requested ratification. Moved by Reid, seconded by Colburn, the Cif Manager's request be approved. Councilman Colburn said the next time they build they should set a minimum and a maximum cost and try to stay within it. Carried by the following vote, to -wit: Ayes: Colb.�rn, Hogue, Raid, Morgan. Absent: Camacho. CITY MANAGER OS 3 2ii said he had something in regard to 8th Street which he will hold until next week; the street will be theirs next week. (Councilman Ca,-aacho returned.) ClT':'^.r_..;.: MINCGUE reported receipt of a communication from SENATOR ALAN CRAMS - TO zn regard to inflation which was on file in her office. CJ....' ?.::: MINCGUE reported receipt of the Opinion and Order of the Public t'iiii_t ie:; Commission in the matter of the application of the Imperial Communi- cations Corporation for authority to increase certain of its rates and charges for r<+:3. oteleohone service which was on file in her office. CITE' CLBRK MINOGUE reported receipt of the Resolution of Local Agency Forma- tion Commission Approving A Proposed Detachment of Territory from the City of National City (Alpha Detachment) which was on file in her office (Copies were forwarded to the City Manager, Fire, Planning, Police and Public Works Depart- ments.) CITY CLERK MIiT.0GU3 presented a request to change the records to show the prc- per name of C 3 L Enterprises. City Attorney McLean recommended the minutes of August 5 and August 12, 1969 be corrected to refer to the applicant as C B L Enterprises. Moved by Hogue, seconded by Reid, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of the executed agreement between the County of San Diego and the City of National City for collection of taxes and special assessments which was on file in her office. CITY CLERK MINOGJE reported receipt of a report of Public Land Ownership in California, 1969, prepared by the State Lands Division which was on file in her office (first time this information was available - pages 104 and 105 are in regard tc National City and attached to the Agenda). CITY CLERIC MINCGUE reported receipt of notice that Greyhound Lines has filed an application with the Public Utilities Commission to increase passenger bus fares and express charges by 8.5%. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommendation favorable consideration be given to an application for deferral of installa- tion of sidewalks at 1550 E. 22nd Street subject tc the owner filing with the 8/25/69 (Rev.) 148 City a covenant running with the land he will nct protest future 1511 Act im- provements or any other public improvements that will affect the subject pro- perty. Moved by Colburn, seconded by Hogue, the City Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommendation a Residential Planned Development Permit be granted to F. L. Whittington, de- veloper, to construct a 180 unit retirement apartment complex at 2500 E. 8th Street (known as the Granger property) subject to eighteen conditions. Mrs. Stockman said two of the conditions were: (1) it will be a retirement complex with all units rented or occupied by retired persons or persons 50 years of age or older and no children who are dependent upon the renter or occupant for support shall be allowed; (2) one of the conditions would require a care- taker be employed in addition to any manager or caretaker of the overall pro- ject at all times tc maintain all landscaping and open space. Mrs. Stockman said the 13 conditions were approved by the developer and his attorney; the Federal Housing Administration representative indicated he would approve and had no objection to the age limit or the hiring of the caretaker. City Attorney McLean said under Condition No. 1 on the first page of the Planning Commission report the Planning Commission imposed a condition that occupancy world be restricted to people 50 years of age or over; as he understood it, the concern of the Planning Commission was the population density of the apartment be controlled so an unusually large concentration of people would not occur en these premises; it was his advice that population density should be controlled by setting up a occupancy limitation table in terms of the num- ber of the people who would be allowed in each size unit rather than referring to age; he did not think an age restricticn in this type of development would be enforcable. The City Attorney said as to the condition of requiring a care- taker to be en the premises, he thought the enforcable way of handling the restriction was to require the owner and/or operator to maintain all of the landscaping in the proper condition and leave it up to him as to how he would do it; the biggest issue is a proper method of controlling the population density in this development; the Planning Director could develop a table of occupancy, for example, as a condition of the permit no more than 2 occupants would be allowed in a one -bedroom apartment, no more than three occupants in a two -bedroom apartment, etc.; he believed this type of restriction would be enforcable. Director of Flanning Stockman said the development will contain 160 one -bedroom units and 20 two -bedroom units; the Federal Government (under their program) permits two persons to the one -bedroom unit and four persons to the two-oedroom unit; the Planning Commission would prefer two to the one- bedroan unit and three to the two -bedroom units. Councilman Colburn said he would like to take one item at a time; on the last page of the Flanning Com- mission recommendation, Item 14-b reads, "A caretaker shall be employed in addition to any manager or caretaker of the overall project at all times to maintain all landscaping and open space." and 14-a states "All landscape areas shall be provided with permanent watering system..." and it goes on to say permanently maintained in a growing and healthy condition; this would allow that the person maintaining this aces not have to be a caretaker. City Attorney McLean said he thought Item 14-b was superfluous. moved by Colburn, seconded by Camacho, Item 14-b be stricken from the recommendations. Carried by unanimous vote. Councilman Colburn inquired why the developer went along with the age limit for controlling population density. City Attorney McLean said the Plannin? Commission was concerned because they were waiving interior streets and providing off street parking on the perimeter and giving other considerations to the developer so that he can build buildings that conform with the topography and produce a nice development; the developer's financing program could allow an influx of a large number of people seeking rent -subsi- dized housing and large families would be seeking rent -subsidized housing and would move into the project and cause considerable local zoning and planning problems due to the excess population in this small area adjacent to the hos- pital grounds; when the developer said. his intention was to rent (under another provision of the same Federal program) to older people, the Planning Commission trying to be sure that was what would happen, put in the age re- quirement. Councilman Colburn inquired if they could leave the age limit in and add to Item 1 the occupancy limits. City Attorney McLean said he did not think he could .hake the age limitation stick; he was convinced the occupancy 8/25/69 (Rev.) 149 restriction was enfcrcable. Mayor Morgan as'_ced the Director of Planning if she thought the Planning Commission would recommend two in cne-bedroom and four in a two -bedroom apartment. Mrs. Stoc,:man said she gave that information to the Planning Commission at the time; she was sure they would go along with that. Keith Atherton, 5762 Pray Street, 3onita, (Attorney for Mr. Whittington) was present and said the HUD Handbook, Act 236, Paragraph 17, Page 8 states, "SIZE OF UNIT. The project mortgagor is responsible for the assignment of an appropriately sized unit for each eligible tenant, based on the number of per- sons in the household, their relationship and sex, Care should be taken not to assign a family a larger unit than is needed. The following is a recommend- ed schedule of unit size: One -bedroom, maximum is 2 persons, two -bedrooms, maximum is 4 persons." Mr. Atherton suggested they adopt this schedule as part of the Planning Commission occupancy requirement and again quoted from the same section, "Although the above recommended limitations should provide for varying needs without overcrowding, the mortgagor must recognize that different needs do exist. For example, a four -person family may need only two bedrooms if both children are of the same sex, but may need three bedrooms if there is one boy and one girl." Mr. Atherton said they would have good protection if they adopt as a part of the Planning Commission's occupancy re- quirement the schedule as stated to control population density. Moved by Hogue, seconded by Colburn, the Planning Commission recommendation including the eighteen conditions be approved with the deletion of Condition 14b (care- taker) and addition of density occupation table (one bedroom maximum two per- sons; two bedrooms, maximum four persons). Carried by unanimous vote. Moved by Colburn, seconded by Hogue, the request be approved with the conditions that have been stated and the additions and changes that have been made. Carried by unanimous vote. The CITY TREASURER'S Financial Statement for the month ending July 31, 1569, was presented. Moved by Hogue, seconded by Colburn, the Financial Statement be accepted and filed. Carried by unanimous vote. Moved by Hogue, seconded by Camacho, the meeting be closed. Carried by unani- mous vote. The meeting closed at 8:53 p.m. City Clerk City of National Cit ; Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of September 16, 196. I No corrections. Correction as noted below. (0 IP' ' ifti Mayor, Ci y, f National City, Calif. 8/26/69 (Rev.)