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HomeMy WebLinkAbout1974 07-02 CC MIN210 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 2, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:37 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McLean, Stenberg. APPROVAL OF MINUTES Moved by Camacho, seconded by Dalla, the minutes of the regular meetin of June 25 4_19 74 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the proposed proclamation "GOD BLESS AMERICA WEEK" (June 30 through July b, 1974). Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan said with the approach of our Independence Day, we should indeed be thankful for our country and the freedom we enjoy; few other countries enjoy such freedom. Mayor Morgan presented diamond service pins to MRS. IDA MAE H. KERR, City Treasurer -Finance Director, and MR. N. S. BIGGS, Building & Housing Director, for 25 years of service to the City and people of National City. Mayor Morgan said sometimes the employees are forgotten and some of the employees are doing an outstanding job, especially these two; he took great pleasure in presenting these pins. MAYOR'S APPOINTMENTS -- None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,531, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF WILSON AVENUE, SOUTH OF 28TH STREET, NORTH OF THIRTIETH STREET." Moved by Pinson, seconded by Camacho, Resolution No. 11 531 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,532, "A RESOLUTION REQUESTING LEAGUE OF CALIFORNIA CITIES TO FORMULATE AND PRESENT LEGISLATION CURTAILING CERTAIN ENVIRONMENTAL SUITS." Moved by Reid, seconded by Pinson, Resolution No. 11,532 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. RESOLUTION NO. 11,533, "RESOLUTION AUTHORIZING EXECUTION OF CORPORA*• TION QUITCLAIM DEED TO HUGO J. CORNELIUS (Excess property on Grove Street Cvacated) and Sweetwater Road Gportion Lot 52, Map 1740."p Moved by Camacho, seconded by Reid, Resolution No. 11,533 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,534, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 'M' AVENUE EXTENSION, SOUTH OF 9TH STREET, NORTH OF PLAZA BOULEVARD, CAL -HOME DEVELOPMENT, INC." Moved by Reid, seconded by Camacho, Resolution No. 11,534 be adopted. Carried by unanimous vote. 7/2/74 211 RESOLUTION NO. 11,535, "RESOLUTION REGARDING PAYMENT OF EXCESS ASSESSMENTS, PAYMENT OF ASSESSMENTS AGAINST PROPERTY OWNED BY THE STATE OF CALIFORNIA, MODIFICATION OF WORK, PERIOD FOR RETIREMENT OF BONDS, MODIFICATION OF BOUNDARIES OF ASSESSMENT DISTRICT, AND EXTEN- SION OF TIME WITHIN WHICH TO SIGN CONTRACT (loth, llth, 12th Streets, 'R' Avenue, Paradise Drive and Palm Avenue, Assessment District No. 161)." Moved by Reid, seconded by Camacho, Resolution No. 11) 535 be adopted. There was discussion regarding the City Engineer keeping a close eye on this project as dirt sometimes has been piled in streets and driveways denying property owners access. Carried by unanimous vote. ADJOURNED MEETING OF REDEVELOPMENT AGENCY City Attorney McLean recommended the Redevelopment Agency meeting convene at this time. The adjourned regular meeting of the Redevelop- ment Agency was called to order at 7:45 p.m. by Mayor Morgan. Redevelopment Agency Members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. City Attorney McLean said there is a presentation to be made at the agency meeting; the persons who are making the presentation are not yet present and recommended the Redevelopment Agency meeting be recessed to 8:15 p.m. Moved by Pinson, seconded by Reid, the Redevelopment meeting be recessed to 8:15. Carried by unanimous vote. REGULAR MEETING OF CITY COUNCIL (continued) Mayor Morgan called the regular meeting of the City Council back to order at 7:47 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for first reading by title only. Carried by unanimous vote. City Attorney McLean said he would pass the first ordinance listed on the agenda as the hearing has not been held. Ordinance No. 7/2/74-2, "An Ordinance Providing For The Abatement And Removal As Public Nuisances Of Abandoned, Wrecked, Dismantled Or Inoperative Vehicles Or Parts Thereof From Private Property Or Public Property Not Including Highways, And Recovery Of Costs Of Administra- tion Thereof As Authorized By Section 22660, Vehicle Code Of The State Of California." Ordinance No. 7/2/74-3, "An Ordinance Amending Ordinance No. 962 To Prohibit Unshielded Light Systems In The Development Of An Automobile Storage Lot Or Any Use Which In The Opinion Of The Planning Commission Is Substantially Similar, And Providing A Time Period Of One (1) Year For Abatement Of Existing Unshielded Light Systems." ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for second reading by title only. Carried by unanimous vote, ORDINANCE NO. 1431 (it35144-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING ORDINANCE NO. 4286 (NS) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, RELATING TO CONSTRUCTION, 7/2/74 212 REPAIR, RECONSTRUCTION OR DESTRUCTION OF WELLS AND INCORPORATING BY REFERENCE WATER WELL STANDARDS: STATE OF CALIFORNIA (CHAPTER II OF DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74), AND CATHODIC STANDARDS: STATE OF CALIFORNIA (CHAPTER II OF DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74-1)." There was discussion. Moved by Morgan, to table this ordinance indefinitely. Motion died for lack of second. Moved by Reid, this be laid over for two weeks. Motion died for lack of second. City Attorney McLean said the purpose of the ordi- nance is to establish standards for the protection of water supplies from wells and to provide for health inspection (of wells) by the County; the County Health Department now provides inspection services of water supplies; National City does not have an ordinance estab- lishing standards to accept ground water wells; this ordinance provides minimum standards for protection of ground water from contam- ination, such as distances that cesspools or septic tanks must be located from ground water sources; present law provides that the County Director of Public Health will inspect the wells in the City to ascertain that they are a safe water supply; they are inspecting now; they are just asking that Council adopt the rules they think are appropriate to protect the water supply. There was further discussion. Moved by Reid, seconded by Dalia, Ordinance No. 1431 (6/2A/ 4-1) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: Pinson, Morgan. HEARINGS The HEARING to consider a specific plan to allow ERECTION OF A 6-FT. HIGH DECORATIVE MASONRY WALL with one pedestrian access gate per lot, subject to certain design criteria, on properties located on EUCLID AVENUE BETWEEN DIVISION AND 4TH STREETS (SP-2-74) was held at this time. City Clerk Campbell stated the Certificate of Publication and the City Clerk's Affidavit of Mailing Notice of Public Hearing were on file. The Planning Transmittal stating (1) the Planning Commission recommended the formation of an assessment district for the improve- ment of the area and approval of a specific plan to allow the erection of an 8-ft. high decorative masonry wall without a gate, the type of fence to be determined by the City at the time the assessment district is formed, and the City consider the landscaping and maintenance of the parkways; and (2) the staff and Planning Commission urged the inclusion of some parkway landscaping along Euclid Avenue as a part of the project was presented. Planning Director Gerschler said this originated in the City Council at the request of some property owners on Euclid Avenue for the elimination or correction of a problem of a fence; Council referred it to the Planning Commission and asked them to consult with the property owners to see what kind of fence they would like; the Planning Commission gave notice to all the property owners abutting on Euclid Avenue; they came to a hearing; some sketches prepared by staff of a decorative wall, 6-ft. high were shown; there was a good deal of discussion about the history and ramifications of the case; a majority of the property owners in the area brought in a petition asking the City to consider participating in a 1911 or 1913 Act to build an 8-ft. high fence; the Planning Commission had studied a 6-ft. high fence but found no objection to an 8-ft. high fence if that was what the property owners desired; the Planning Commission is reporting back to Council that the property owners indicated they would like an 8-ft. high decorative masonry wall (the design of which would be worked out later) and they have asked that the City use a 1911 or 1913 Act to accomplish it with the City participating in the cost; the Planning Commission added a recommen- dation that the City consider landscaping in the street parkway on Euclid Avenue. DORIS MCKINNEY, 120 Valva Avenue, was present and said her property abuts Euclid; and spoke in favor of an 8-ft. masonry wall rather than 6-ft. to give more security and keep debris out of the yards and stated they do not want gates. Mrs. McKinney said they have given up access rights to Euclid Avenue and they do not want them restored; the City should participate in the cost because when they 7%2/74 213 purchased their homes in 1960 (when the development was first opened), the City approved a 6-ft. stapled grape stake fence; as the stakes waxped they popped off; upon inquiring at the City, they were informed that the fence was the property of the City of National City; the soil was pushed up inside the fence in such a way as to appear to be the end of the property; the property was landscaped with plantings which was a very poor choice for the area; the property owners nailed the fence back together from time to time but the fence remained the property of National City; after extensive damage by automobiles, motorcycles, etc., and repairs were necessary, the fence suddenly became the property of the property owners; it is on their property and not the City's property; they discovered that this termite ridden poor fence is the property of the property owners. Mrs. McKinney continued nowhere else in the City does the City want a uniform fence and nowhere else would it be practical; the masonry wall on the east side of Euclid near El Toyon park would enhance the appearance of one of the main arteries in National City; it would cut down on noise pollution; they are aware that they cannot rid all the noise because of the nearness to Paradise Valley Hospital; it would give the home owners more property; and since the City does not want to look at their back yards, the City could put up something to keep their back yards from hanging out all over Euclid Avenue; one of the best ways would be the erection of a masonry wall; they are not asking the City to pay for the whole thing, but the City should bear a great percent- age of the cost of the wall because for 14 years they could not build any other fence; a number of property owners would have replaced the fence years ago (some did indeed build fences inside the grapestake fence) when construction prices were not so high as they are now; they would like the fence erected not on the property line but on the City's property abutting the sidewalk so landscaping would be eliminated; nothing grows there except weeds; in summary, they are asking for an assessment act which would permit the City to erect the fence so they would have all the same continuity in color and con- struction and a percentage of the cost be assessed to the property owners and the property owners be permitted to amortize this expense over a number of years. There was discussion. Mr. Gerschler said there are deed restrictions reflecting that all the property has to be maintained and that all construction has to be reviewed by an architectural committee; the fence itself is not specifically mentionel No one else was present in this regard. Moved by Pinson, seconded by Camacho, the public hearing be closed and the Council direct the Engineering Department to begin proceedings on assessment district and give consideration to an 8-ft. fence and also theproperty owners request for no access. Moved by Morgan, seconded by Reid, the motion be amended to include the Engineer furnish Council with estimated cost and recommend an estimate of a percentage the City would parti- cipate before he goes ahead and spends too much money. Amendment carried by unanimous vote. There was discussion in regard to graffiti if the wall were placed adjacent to the sidewalk and the maintenance of parkways on Euclid as the property owners do not have access to Euclid Ave. Original motion carried by unanimous vote. City Attorney McLean recommended the first hearing listed on the agenda be called at this time. The CONTINUED HEARING to consider an amendment to the official zoning map to REZONE FROM F-1 (FLOODWAY) ZONE TO F-2 (FLOOD PLAIN OVERLAY) zone in addition to the existing CMSCC-PD (Commercial Major Shopping Center and Convention Planned Development) zone on the BONITA GOLF COURSE property (2C-6-74) was called at this time. City Attorney McLean recommended Council recess this hearing until the end of the Council agenda. Moved by Reid, seconded by Camacho, in favor of the City Attorney's recommendation. Carried by unanimous vote. The HEARING to REZONE FROM TC-PD (TOURIST COMMERCIAL. PLANNED DEVELOP- MENT) TO R-4 (MULTIPLE FAMILY RESIDENCE) the property at 1736 East 7/2/74 214 12th Street (ZC-5-.74 -- TOLEDO) was held at this time. City Clerk Campbell stated the Certificate of Publication and the City Clerk's Affidavit of Mailing Notice of the Hearing were on file. The Planning Department transmittal stating the Planning Commission recommended the zone change from TC-PD to R-4 for property at 1736 East 12th Street was presented. Planning Director Gerschler reported no protests were received. CHARLES MORENO, 4675 Edgewater Road, San Diego, was present to represent Mr. Toledo. No one else was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the rezonill9 from TC-PD to R-4 on the Toledo property be approved as recommended by the Planning Commission and all the stipulations be adhered to. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. REPORT OF THE CITY ATTORNEY CITY ATTORNEY McLEAN recommended he be authorized to institute appropriate proceedings against the owner of the property at 2220 McKinley Avenue to prevent their damaging public property with corro- sive materials. Moved by Camacho, seconded by Reid, in favor of the Attorney's recommendation. Carried by unanimous vote. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $18,957.32 Traffic Safety 546.09 Park 305.14 Retirement 728.90 Gas Tax 2107 247.00 Revenue Sharing Fund 25,946.95 Sewer 307.41 Total $47,038.81 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. NEW BUSINESS CONSENT CALENDAR items were presented: a. City Clerk's memo attaching copy of notice from Army Corps of Engineers relating to construction by Coronado Yacht Club at Glorietta Bay in Coronado and listing three other notices received. b. Minutes of Finance Committee meeting of June 19, 1974. c. Memo from City Manager reporting receipt of communications from the South Bay Plaza Shopping Center and the Sweetwater Valley Civic Association relating to the Environmental Impact Report for the Bonita Plaza and stating they have been referred to the Redevelopment Agency. d. Recommendation by City Manager that June 20, 1974 minutes of Street Tree and Parkway Committee meeting (attached) be approved and filed. Moved by Pinson, seconded by Camacho, the Consent Calendar be approved. Carried by unanimous vote. APPLICATION for personal transfer of OFF -SALE GENERAL LICENSE by DOROTHEA R. ANDREWS, dba RANCH HOUSE LIQUOR, 1602 E. 4th Street, and the Police Chief's memo stating there are no grounds for protest of this application were presented. Moved by Pinson, seconded by Camacho, in favor of this application. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain- ing: Morgan. 7/2/74 215 Request of WESTTENSEN CONSTRUCTION COMPANY for a day's extension of time on the contract for the PUBLIC WORKS CENTER for each day the strike by the carpenters local union continues was presented. Moved by Pinson, seconded by Reid, in favor of Westtensen's request. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Request of NATIONAL MEAT PACKERS, INC. to buy lots 11 and 12 of Block 126 at northwest corner of Wilson and 22nd St. was presented. Moved by Pinson, seconded by Camacho, to get an appraisal. Carried by unanimous vote. The Asst. City Engineer's request an OPEN COMPETITIVE EXAMINATION be given for SENIOR ENGINEERING AIDE and that an eligibility list be certified was presented. Moved by Pinson, seconded by Camacho, in favor of the Engineer's request. Carried by unanimous vote. Request of NATIONAL CITY GIRLS' SOFTBALL LEAGUE for City to purchase back page of their program for $40 was presented. Moved by Camacho, seconded by Reid, this be granted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstain- ing: Dalla. Councilman Dalla said for the record, he is involved with this League and is, therefore, required to abstain. Request of UNIVERSITY OF CALIFORNIA, SAN DIEGO for permission to hold Spanish-speaking DWI class in NATIONAL CITY COURTROOM on Wednesday nights, beginning sometime in September was presented. Moved by Morgan, seconded by Dalla, the request be granted. Council- man Reid said he would like to see something in writing from the judge. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstaining: Reid. Parks and Recreation Director's request to ADVERTISE FOR BIDS on materials and labor for installation of FENCING FOR ATHLETIC FACILITY AT EL TOYON PARK was presented. Moved by Camacho, seconded by Pinson, in favor of the Parks and Recreation Director's request. Carried by unanimous vote. The City Manager's recommendations regarding the LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN NO. 19, dated June 21, 1974, were pre- sented. Moved by Pinson, seconded by Camacho, in favor of the City Manager's recommendations. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. A letter from the KLAMATH COUNTY CHAMBER OF COMMERCE, KLAMATH FALLS, OREGON, inviting the NATIONAL CITY SWIM CLUB to attend the llth Annual Klamath Falls Invitational Swim meet August 3 - 4 and attaching informational sheet regarding the meet; a request from the National City Swim Club for TRAVEL EXPENSE ASSISTANCE for trip to swim meet; and the Parks & Recreation Director's request this be approved were presented. Moved by Morgan, the City contribute $200 to this project. Motion died for lack of second. Vice Mayor Camacho said the group is requesting City assistance to take 40 youngsters plus chaperones; approximate cost $1,500; the entire trip will cost in excess of $3,000 to feed and house and transport the youngsters, transportation alone will be $1,500; a $200 donation would hardly make a dent in the over- all cost; the City has made contributions to many athletic programs; this is the first time the Swim Club has asked for assistance. Moved by Camacho, to assist in paying their expenses to Oregon by paying the $1,500 for the transportation. Motion died for lack of second. There was further discussion. Moved by Reid, seconded by Camacho, to contribute $500. CHARLES COSSIO, 2137 Grove, was present and said the Swim Club is composed of mainly National City kids; they will be going as a group representing National City; some of the parents will VV74 216 be driving; there will be quite an expense in feeding 40 kids in Oregon; the National Guard has offered the Armory to house the young- sters; whatever is offered will be appreciated; the Swim Booster Club is helping; however, this is a lot of money to move this many kids; every swim team member pays the City to be a member; this money goes into the General Fund; there are approximately 60 families paying about $20 a year which goes into the City's General Fund; they sell candy, etc. to supplement the meet and to pay for children who parents cannot afford to pay the fee; the club is subsidizing children whose families cannot. There was further discussion. Councilman Dalia said there are many requests of this type; a policy should be set; it is not fair to expect the City Manager to come up with this money from various sources; all of the causes are worthy; there will be more of these requests; an amount should be budgeted for this purpose. Moved by Pinson, seconded by Dalla, amend the motion to make it $200. Amendment to the motion failed by the following vote, to -wit: Ayes: Dalia, Pinson. Nays: Camacho, Reid, Morgan. Original motion carried by unanimous vote. The Park and Recreation Director's memo recommending Council approve use of CORAL TREES in National City for decorative purposes where both ground and air space is adequate, stating the Street Tree & Parkway Committee approved this use of coral trees at their June 20 meeting and attaching letter from Chairman, San Diego Planning Com- mission in this regard was presented. Councilman Pinson said he would like to see further study on this by the Park and Recreation Advisory Board. Moved by Pinson, seconded by Reid, to refer this back to the Park and Recreation Advisory Board for a more thorough study. Carried by unanimous vote. The Park and Recreation Director's recommendation Council RECOGNIZE WORK done by persons involved in ENTERTAINMENT PROGRAM AT DEL. MAR FAIR was presented. Moved by Dalla, seconded by Camacho, in favor of the Park and Recreation Director's request. Carried by unanimous vote. Three recommendations by the CHAMBER OF COMMERCE were presented: 11) Study be made to determine feasibility of changing existing City Code as to construction of curbs, sidewalks and placement of parkways; (2) All new sidewalk installations, replacements due to street widening, major developments or any other sidewalk work other than a "one house on one block" situation, sidewalk be built contiguous to the curb, thus placing what normally would have been the parkway, contiguous to property owned by the property owner; and (3) Consideration be given to authorizing property owners to fill parkways less than 3 feet in width with concrete. Moved by Morgan, seconded by Reid, to refer this to the Engineer for report. Councilman Pinson requested a 4th item be included: Business and commercial property --not industrial areas-- "C" zone properties that have over three feet be considered also; there is property in pretty bad shape and they may have 42 inches of parkway; it would enchance that property if Council allowed it to be cemented. Mayor Morgan asked the Asst. City Engineer to study this also. Carried by unanimous vote. An invitation by SWEETWATER AUTHORITY for National City to join them in opposing CALIFORNIA-AMERICAN WATER COMPANY RATE INCREASE, asking that a representative attend a meeting July 12, 1974 to discuss this matter and attaching a list of cities invited and reservation form for the meeting at Sheraton Airport Inn, San Diego, was presented. Moved by Morgan, seconded by Pinson, to hold this until it is learned who else up and down the state is going to oppose the water rate increase and make a determination at that time. Carried by unanimous vote. REPORTS Asst. City Manager Stenberg reported receipt of a CLAIM FOR DAMAGES 7,4/74 217 by LYNN FRANCES DAVIS and recommended it be denied and referred to the City Attorney. Moved by Camacho, seconded by Pinson, in favor of the Asst. City Mana s recommendation. Carried by unanimous vote. Asst. City Manager Stenberg asked if Council wished to set a date for a Finance Committee meeting to consider any further items in the budget. Moved by Camacho, seconded by Pinson, Finance Committee meeting be set for Monday (July 8) at 4:00 p.m. in the conference room (open to the public). Carried by unanimous vote. A written report and recommendation by the Planning Director in regard to Supervisor Dick Brown's request for input for their public hearing on July 10 regarding a new system for AIR QUALITY CONTROL and the request were presented. Moved by Pinson, seconded by Camacho, Mr. Gerschler's comments (and possibly Mr. Rose's comments) go to each City in the County and let them know National City's feeling on this. Carried by unanimous vote. A Planning Department transmittal stating: (1) the Planning Com- mission recommended issuance of a CONDITIONAL USE PERMIT be approved subject to six conditions for construction of 2-STORY PROFESSIONAL OFFICE BUILDING within 1600 block of Sweetwater Road, north side, and an addition be added to "condition 5" that the side elevation also be architecturally treated (W. G. & Associates); (2) this case should be scheduled for review not less than 15 days from July 2, 1974; and (3) if written protest is received within this period, City Clerk shall give written notice and set this case for public hearing was presented. Mr. Gerschler suggested it be set for consideration on July 23. Moved by Pinson, seconded by Camacho, in favor of the Director's recommendation. Carried by unanimous vote. The Planning Department transmittal regarding recommendations made by the Planning Commission was presented: (1) Approval of solution outlined in letter from Boise Cascade, dated 5/7/74, in regard to their application for exemption from installation of sidewalk at 2745 Tidelands Avenue (i.e. Provide 23,100 sq. ft. of sidewalks and landscaping[5,775, x 4' = 23,100 sq. ft., which is the approximate length of our frontage on public streets by the landscaping width) or invest $25,000 approximately $i per sq. ft. - a fair investment ration) in landscaping and sidewalks. The investment rate in land- scaping is to be 10% of construction value of all new construction projects undertaken until $25,000 has been invested or 23,100 sq. ft. of sidewalks and landscaping has been provided.); and (2) ordinances requiring curbs, gutters and sidewalks in industrial area be amended. Planning Director Gerschler said the policy in the industrial area has been to require the improvements unless the applicant can show there are some extenuating circumstances that make it impractical --a problem of setting grades, in arranging construction; in this case the problem developed over the years, partly before there was such a requirement, and partly by previous deferrals; in the past years the City Council has granted deferrals to Boise Cascade or their predeces- sors; now they want to build two small equipment sheds and are required to build almost a mile of sidewalk; if there is a mistake in this case, it was in the previous deferrals; the applicant has requested an exemption; the City Engineer and the Planning Director stand on Council's previously adopted policy and urge the exemption not be granted; the Planning Commission recommends the deferral be granted using the schedule for completing the work; it calls for 10% of the cost of any work they undertake from now on they will give 10% to building sidewalks and landscaping; they did suggest an upper limit of $25,000 on it; he, Mr. Gerschler, suggested Council not put an upper limit on it but that they continue until all the work is done; this would be consistent with Council action in regard to other properties in the City; he and the City Engineer share the opinion that the ordinance is a clear-cut policy; curbs, gutters and sidewalks 7/2/74 218 are required, unless very specific findings can be shown; they both recommend that the exemption be denied; the Planning Commission found that extenuating circumstances exist and have recommended deferral. Moved by Morgan, seconded by Pinson, the solution outlined in the letter from Boise Cascade dated 5/7174 be approved as the Planning Commission recommended. There was discussion. RALPH SMITH, Manager of Western Lumber, was present -and said they will install both land- scaping and sidewalks together in the 10% value of their building project; it is a little bit more than two equipment sheds but the estimated value of $60,000 and 10% would be roughly $6,000 worth of improvements; they already have landscaping on a portion of their property where the Boise Cascade wholesale corporation is located; Western Lumber adjoins it and to make it continuous..they are proud of their property too and are currently putting in landscaping and sprinkler systems. Moved by Pinson, seconded by Dalla, the motion be amended to include not setting a limit of $25,000. Amendment carried by unanimous vote. Original motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Pinson, seconded by Dalla, the second item under Planning Commission recommendations AMEND ORDINANCES requiring curbs, gutters and sidewalks in industrial areas) be filed. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said there may be a need to have City Hall open half -day on Saturday; employers sometimes find it difficult to let an employee off during weekdays to transact business at City Hall; he would like the City to encourage the County to do the same; this would also apply to the business with the Court; there was a time when Saturday was the only day a man went to town and he conducted all his business on that day; he feels it is time to get back to that. Moved by Pinson, the City Manager work on this and see if it would be feasible to open up City Hall for one-half day on Saturday. Motion died for lack of second. COUNCILMAN PINSON protested the County's use of tax money to support the Bay Vista Apartments because of the gas shut off; this expense should be borne by the revenue from the rent; the construction of the apartment building was subsidized under the name of a church; this makes it tax free; when something goes wrong the taxpayers should not foot the bill; the County spent something like $15,000 to feed those people; they are helping them put in a temporary fix; the governmental agencies should come in and help but not at taxpayers expense --but at the property owners or the tenants expense. COUNCILMAN PINSON reported receipt of a letter from Mr. Jerry Friedman regarding the information letter he (Councilman Pinson) asked the Manager to check on; he would like to give Mr. Friedman's letter to the City Manager to contact Mr. Friedman and find out what his expense would be. COUNCILMAN PINSON read a letter to the Police Chief from Mr. William Harris, Assistant Principal at Sweetwater Union High School: "Dear Mr. Liesman: I wish to extend my sincere appreciation for the out- standing help and support the National City Police Department has given Sweetwater High School during the '73-74 school year. The Police Department has always responded promptly to all requests for assis- tance during normal school hours and during special activities at night. Their coverage of the situation has been thorough and pro- fessional. Please express to your personnel our sincere gratitude for their help and continuing cooperation and thanks for a job well done. William S. Harris" 7/2/74 219 COUNCILMAN DALLA spoke of the request of the Swimm Club and asked the City Manager to prepare a list of requests for contributions Council has considered and approved over the last year. Moved by Dallas seconded by Pinson, the City Manager work on establishing a policy or some sort of guidelines for considering these requests. Carried by unanimous vote. MAYOR MORGAN said he has another request; the American Little League called him last week and requested the City pay the drivers of buses to take 221 children on a picnic to celebrate their good season, Sweetwater High School will furnish the buses; the request was for last Sunday; he had thought he would have time to bring this before Council for approval; he paid the $80. Moved by Reid, seconded by Pinson, this request be granted. Carried by unanimous vote. MAYOR MORGAN said at 13th and Wilson and other areas trucks park on the streets for the weekend or for the week and asked if the Police Chief needs ordinances or resolutions passed by Council to see that these trucks do not continue to park on the streets; he would like a report on this. Mr. Stenberg said he would talk with the Chief and report. Mayor Morgan ordered the City Council meeting recessed until after the Redevelopment Agency meeting. The meeting recessed at 8:55 p.m. Mayor Morgan called a five minute recess between meetings. Mayor Morgan called the regular meeting of the City Council back to order at 10:25 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. HEARINGS (continued) The CONTINUED HEARING to consider an amendment to the official zoning map to REZONE FROM F-1 (FLOODWAY) ZONE TO F-2 (FLOOD PLAIN OVERLAY) ZONE in addition to the existing CMSCC-PD (Commercial Major Shopping Center and Convention Planned Development) zoiie on the BONITA GOLF COURSE property (ZC-6-74) was held at this time. The Planning Depart- ment transmittal in this regard stating: (1) The Planning Commission recommended that the F-1 overlay be downzoned to F-2 under two con- ditions, I. The property owner provides grading and drainage improvement plans, approved by the City Engineer, which provide for a grass lined channel to handle storm runoff in the Sweetwater River. The drainage improvements shall be provided to handle all local drainage also. Grading plans shall clearly show all building loca- tions and elevations of finish floor elevations. These elevations shall be determined by hydrologic means and calculations shall be furnished to show that building floors will be free from inundation from the 100-year frequency storms. Such calculations shall be signed by a registered civil engineer. 2. The property owner stipulates that if the grading, drainage, and utility relocation work is not diligently pursued to completion within one year, then he shall remove all embankments, and incompleted works and initiate a zone change to re-establish the F-1 zone; (2) the Planning Commission further recommended that before Council action, they insure that no new significant adverse environmental impacts come to light between the time the draft EIR was prepared and the time they adopt the final EIR; (3) the California Environmental Quality Act requires the City Council certify that they have "reviewed and considered the EIR for this project;" and (3) final action on this zone change should be withheld until the EIR has been adopted by the Redevelopment Agency was pre- sented. A request by Peter Xander, 1845 East 16th Street, that the hearing be continued for at least two weeks and not over 30 days and 7/2/74 220 a letter from Mardi. L. Musick, 1824 "K" Avenue, protesting the loca- tion of shopping center on site of Bonita Golf Course were also presented. Planning Director Gerschler said there are two extinuating circumstances he will explain; the Planning Commission has recommended the zone change as stated on the agenda; they have recommended two conditions; one is that the grading plan for the reconstruction of the channel be designed to the satisfaction of the City Engineer; the other condition is that if the zoning is not exercised within a specified period, the City will undertake to reclassify it back to the original zone; the City Attorney has cautioned against putting con- ditions on ordinances that grant zone changes; he has no objection to deleting the two conditions from the ordinance; however, to keep the record clear, he would ask that the two conditions be included by reference in the minutes as conditions that were suggested by the Planning Commission; the Agency is required to consider the EIR when decisions are made on this kind of case; when the Planning Commission acted on this they had the draft EIR in front of them, not the EIR as it was just adopted by the Redevelopment Agency; Planning Commission attached a provision that their recommendation in favor of the zoning was based upon the information in the draft of the EIR; at the request of the Executive Director of the Redevelopment Agency next Monday night the Planning Commission will review the final EIR as it was adopted tonight and make a finding as to whether or not it is or is not in compliance with the draft; if Council introduces an ordinance tonight and the second reading is next Tuesday night., this referral to the Commission will cause no delay in the zoning. City Attorney McLean recommended that Council by motion reflect that they have considered the final environmental impact report relating to the Bonita Plaza project. Moved by Pinson, seconded by Reid, Council certify they have considered the Environmental Impact Report and it has adverse effects and they have been considered. WILLARD E. CHRIST- MAN, 420 East Second Street, was present and said the Mayor's statement indicated to him the owner (of the golf course) could build a shopping center as the property was (now) zoned; now he understands Council is considering a zone change to allow them to build a shopping center. City Attorney McLean said the zone change concerns flood control only. Mayor Morgan said it is already zoned for business; this will take it out of the flood plain zone. Mr. Christman asked if there are any government finances whatsoever going into the flood control channel, the grading, raising this above the flood plain? City Attorney McLean said that is not completely accurate; the public is going to participate in the project. ED. CRAMER, 3732 Putter Drive was present and said he would like to make perfectly clear the City Council position this evening; he considers the draft impact statement and its successor, as amended, does not adequately assess the environmental impact of the proposed project or action, particu- larly inasmuch as he does not believe it addresses currently available information; it is a massive document that addresses many things and has many good points in its favor; he does not believe it includes all the available information that correctly should be considered in an operation of this magnitude; he has seen smog grow in two communities in which he lived and it affected him and his health; he knows what can happen; he does not know that those considering this have had this experience; the environmental statement does not adequately analyze all the reasonable available alternatives; he requested Council take more time and get more information and analysis concern- ing the potential envornmental hazards and asked that revision or correction be made to the statement to include what he considers to be currently available information; the proposed action is unsatis- factory because of its potentially harmful effect on the environment; furthermore, the potential safeguards which might be utilized might not be adequately done --hedges, trees; it states "...we could do these things;" they could, but there is no guarantee that anything like this will take place; it may not be adequate protection from the permanent environmental hazards arising from this action; he recommended alternative actions be analyzed thoroughly including the possibility 7/2/74 221 of no action at all. No one else was present in this regard. Carried by unanimous vote. City Attorney McLean asked whether or not Council desired to approve the zone change as recommended by the Planning Commission. Moved by Pinson, seconded by Camacho, the public hearing be closed and rezone from F-1 (floodway) to F-2 (flood plain overlay) be approved subject to the two conditions as outlined in the Planning Department transmittal dated June 19, 1974 (see last paragraph, Page 219),be approved. Carried by unanimous vote. INTRODUCTION OF ORDINANCES (continued) Moved by Camacho, seconded by Reid, this ordinance be presented to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 7/2/74-1, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance Of The City Of National City, California (ZC-6-74 to rezone from F-1 OFLaodway Zone) to F-2 elood Plain ZonD on the Bonita Golf Course Property - Koenig Corporation)." Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:36 p.m. City Clerk ity of Natio al City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of July 9, 1974. 11-,260 Corrections ED Corrections as noted below Mayor, City of a lonal City, California 7/2/74 I 0 I