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HomeMy WebLinkAbout1974 07-09 CC MIN222 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 9, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:31 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by Pastor Milo P. Wood, First Baptist Church, APPROVAL. OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the adjourned meeting of June 25 and the re9ular meeting of July 2, 1974 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan recognized the winner of the American Essay contest, Darlene Sue Dunn who was present. The contest was sponsored by "God Bless America Week, Incorporated;" Miss Dunn is a Sweetwater student. MISS DUNN read her winning essay, "God Bless America --What My Country Means to Me." Mayor Morgan presented a key to the City to Miss Dunn and introduced her parents, Mr. and Mrs. George Dunn (Mr. Dunn of the National School Board). Councilman Pinson introduced Janice Clifton, Junior Miss of National City; and said she was Nb. 3 in the Statewide Junior Miss contest. MAYORIS APPOINTMENTS - None. ORAL COMMUNICATIONS DALE POUND, President of the National City Municipal Employees Associa- tion, (representing the miscellaneous employees) was present and said he failed to present everything at the Finance Committee meeting yesterday afternoon and asked Council to consider the salary inequities on positions of Building Maintenance Foreman (which would be a 5% differential) and Park Maintenance Foreman (which would amount to 71/2%); on another item, vacations, which he did discuss yesterday, he would like Council to be aware that the employees would like these benefits if at all possible; the third item is a payday every other week which would be a financial burden of approximately $500 yearly; the last item is a request for the additional holiday the day after Thanksgiving. LUCILLE BAGWELL, Associate Appraiser, O. W. Cotton Company, 233 "A" Street, San Diego, was present representing Miss Nellie Fuller, property owner in National City; she requested an increase in density in the existing R-4 zoned area (where the Fuller property is located) from a proposed 11 to 15 units per acre on the preliminary General Plan to a minimum of 16 to 20 units per acre; this is the area east of "R" Avenue between 8th and 9th Streets; the property of Miss Fuller is outlined in red on the maps she previously distributed to Council; there is a definite need and demand for more multiple housing in 7/9/74 223 National City; this is based on the latest vacancy report by the Apartment and Rental Owners' Association; for comparative purposes, National City has a vacancy factor of 2.8%, Chula Vista 3.2%, San Diego, southeast area 7.1%, etc. Ms. Bagwell continued for the last four years National City constructed 767 multiple units, this is not keeping up with the demand; construction is slowing down and inevitably the rental market is being forced into neighboring competitive areas; increased density would permit economic feasible construction of an interesting project, whereas the present low density might force the land to lie vacant for a long period of time; they anticipate no opposition from surrounding property owners as the property is bordered on the east by the Freeway, on the west by commercially zoned property; there are very few residents on the north; there is availability of access; the increased density should not create a traffic burden as there is ease of egress and ingress to 8th Street via "R" Avenue; the terrain of the property is ideal for apartment development of a higher density as it has a modular terrace for an upper and lower level construction; the noise factor caused by the freeway is not significant; there has been a continuity of ownership for more than 10 years with long-range plans for development; a feasibility study of a PUD was done as early as 1968 by Green and MacFarland, Planners and Architects; in 1968 the present owner gifted the City 3,500 sq. ft. for roadway purposes which was improved by the State Highway Department at their cost; while this benefited the subject property, it also benefited the other property owners in the area; the diversity of National City's industrial growth assures the market for convenient housing; economic studies on this property indicate it would not be economically feasible to construct less than 18 units; any less would depress the property; with the existing ease of access and the location to the freeway and commercial property, more units would seem to be perfectly proper and it may be they should be asking for more; there should not be less than 16 to 20 units. Ms. Bagwell gave copies of her remarks to the City Clerk. JOHN WIRTZ, 1902 Prospect, was present and said he has received several letters from the City telling him he was subject to punishment by fine and imprisonment if he did not comply with City ordinance relative to his property at 305 & 307 27th Street. Moved by Morgan, seconded by Reid, to refer this to the City Manager to bring Council a report on this at the next meeting. Carried by unanimous vote. City Attorney McLean asked to look at the letters so he could check into the matter. HEARINGS Mayor Morgan said the Hearing on the proposed revision of the General Plan would be deferred until after Council completed the regular agenda. (see page 229) ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,536, "RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED TO CAL -HOMES DEVELOPMENT, INC." Moved by Camacho, seconded by Reid, Resolution No. 11,536 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,537, "RESOLUTION AUTHORIZING CANCELLATION AND TRANS- FER OF OLD, OUTSTANDING ACCOUNTS." Moved by Reid, seconded by Camacho, Resolution No. 11,537 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,538, "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY." Moved by Pinson, seconded by Reid, Resolution No. 11,538 be adopted. Carried by unanimous vote. 7/9/74 224 Resolution No. 11,539, "Resolution of the City Council of the City of National City Approving the Salary Plan, Establishing Personnel Classifications and Adopting Salary Schedules for the 1974-75 Fiscal Year." Mayor Morgan said he would call an Executive Session before adopting this resolution. (see page 229, paragraph 4). INTRODUCTION OF ORDINANCES Ordinance No. 7,/2/74-3 (see last paragraph this page). ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1432 (q/2744-1), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDiUNCE OF THE CITY OF NATIONAL CITY, CALIFORNIA CPC-6-74 to rezone from/iFloodway Zone) to F-2 (Flood Plain Zone) on the Bonita Golf Course Property - Koenig Corporation." Moved by Pinson, seconded by Camacho, Ordinance No. 1432 (;,W;4-1) be adopted. City Attorney McLean said Council has the Planning Director's letter, dated July 9, 1974, which states: "Please be advised the Planning Commission at their meeting of July 8, 1974 took this action: Moved by Commissioner Knutson, seconded by Commissioner Alvarado, that we find that no new significant adverse environmental impacts have come to light between the time the draft EIR was prepared and the time the final EIR was adopted. Roll Call: Ayes - Staples, Alvarado, Knutson, Manese, Large, Perez; Nays - Webster; Abstain - None; Absent - None. Attached to this memo was a staff report to the Planning Commission wherein the need for the above action was discussed." The City Attorney said this clears the Zone Change ordinance for final approval after second reading by the City Council. Carried by unanimous vote. ORDINANCE NO. 1433 (q712.744-2), "AN ORDINANCE REPEALING ORDINANCE NO. 1387, PROVIDING FOR THE ABATEMENT AND REMOVAL OF 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 ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA." Moved by Pinson, seconded by Reid, Ordinance No. 1433 (7)4/44-2) be adopted. Carried by unanimous vote. 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." Mayor Morgan said he would like Council to consider a 2-year period; all these problems could be worked out without any problem within two years; this would avoid law suits, etc. Moved by Reid, seconded by Morgan, to allow two years for this. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. INTRODUCTION OF ORDINANCES 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 Two (2) Years for Abatement of Existing Unshielded Light Systems." City Attorney McLean said this is the re -introduction of this ordinance which will be presented for adoption at the next meeting. 7/9/74 225 ADOPTION OF ORDINANCES (continued) City Attorney McLean said he has an URGENCY ORDINANCE recommended by the City Planner and suggested Mr. Gerschler report before the presen- tation of the ordinance for adoption. Planning Director Gerschler said Council has a transmittal of action taken by the Planning Com- mission last night with reference to a proposed BLOOD PLASMA collection center at 1220 National Avenue, the property directly across the street from City Hall; on June 24, the Planning Commission ruled a blood plasma collection center was not a permitted use in that zone and would require a code amendment; the proponents then submitted a detailed letter explaining their position and asking for a reconsideration of the Planning Commission's action; last night the Planning Commission reconsidered their interpretation, reversed their decision and found that the blood plasma collection center was a permitted use in that zone; also on June 24 the Planning Commission (after denying the interpretation) scheduled the question of a code amendment for a public hearing; last night following the reconsideration of the interpretation case, they opened the public hearing they had scheduled on the code amendment; because they had already interpreted the zoning code would allow the use, they denied the code amendment; the State Planning Act provides that when the Planning Commission denies a code amendment, the City Council is not required to considered the issue, it can be filed and the Planning Commission action stands as final; on the other hand, the City Council may set the amendment for public hearing and after the hearing, make a determination on the case; because an inter- pretation case is final with the Planning Commission and not appealable, the project is now eligible for permits. Mr. Gerschler said if the City Council were to set the matter for hearing, the only way the permits could be delayed would be by adoption of an urgency interim zoning ordinance; such an ordinance is ready and if adopted would have the effect of stopping the project and setting the matter for hearing at which time the City Council could consider a verdict; the Planning staff has no recommendation either way; they are bringing this matter to Council's attention because it is felt that this is an issue that Council should be concerned with. Moved by Camacho, seconded by Reid, to file this item. There was discussion. RICHARD CIRCUIT, Attorney, was present and said he was special counsel for Abbot Laboratories; Jack Costello, Abbot Laboratories, was present and could answer technical questions regarding Abbot Laboratories Blood Pheresing Center; blood plasma from individual donors is used through a series of laboratory processes to manufacture sera used for the treatment of polio, hemophilia, other childhood diseases and other uses; there are pheresing centers on Euclid Street in San Diego and on "F" Street in San Diego; there are over 250 of these facilities throughout the United States; there are many in California; his investigations reveal that no special zoning ordinances have been necessary for any City in Califor- nia to permit this use; they have been permitted under the generic term of pharmaceutical laboratories which the Planning Commission determined was a permitted use. JACK COSTELLO, General Manager of Plasma Business, Abbot Laboratories, Pasadena, was present and said plasma pheresing is differentiated from whole blood --this is the drawing of plasma to make pharmaceutical products; blood is withdrawn just as in any blood donation; the difference is that the red cells are put back into the donor; the plasma and only the plasma is used; they are not in the whole blood business; the blood plasma is the basic component in pharmaceutical products used in the treatment of shock, burns, major surgery and in particular for the treatment of hemophilia. There was further discussion. Mr. Costello said the basic requirements of a location are access to good transportation and a location that can be found easily. Moved by Morgan, seconded by Dalia, the motion be amended to ado this urgency ordinance by title only. City Attorney McLean suggested Council vote on the motion to file the item. There was further discussion. Motion to file carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Dalia, Morgan. 7/9/74 226 REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $10,645.50 Traffic Safety 5,314.48 Park 457.13 Gas Tax 2106 1.27 Revenue Sharing Fund 72,749.07 Sewer 3,463.09 Total $92,630.54 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. PAYROLL for period ending June 30, 1974, in the amount of $130,012.98 audited by the Finance Committee was presented. Moved by Reid, seconded by Camacho, the payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Dana, Pinson, Reid, Morgan. Nays: None. REFERRALS (The City Attorney left Council Chambers at 8:13 p.m.) The Asst. City Engineer's report regarding CHAMBER OF COMMERCE recom- mendations on sidewalk locations and parkway construction stating: (a) Change existing City codes requiring construction of sidewalks and placement of parkways --No ordinance need be changed to allow this; (b) Sidewalks be built contiguous to curbs... --No ordinance need be changed to allow this; (c) Consideration be given to authorizing property owners to fill parkways less than 3'...in with concrete --This can be accomplished by obtaining a permit; if owner is not a contractor, a $100 bond is required; (d) Consideration be given to authorizing property owners in commercial or industrial areas to fill parkways greater than 3' with concrete (added by Council request) --Each case should be reviewed by Planning and Parks Department to insure that guidelines approved in Street Tree and Parkway Study are being followed; was presented. The Asst. City Engineer said these items were recommended by the Chamber of Commerce to help keep up the park- ways and maintenance of parkways; he sees no objection to them; item (d) was recommended by the Council; he sees no action necessary. (The City Attorney returned.) Ordered filed by unanimous vote. NEW BUSINESS CONSENT CALENDAR items were presented: a. Letter from Comprehensive Planning Organization enclosing their Resolution No. 74-87, "Recommending that the San Diego Air Quality Task Force Undertake the Responsibility for Longrange Air Quality Maintenance Planning in the San Diego Region (Air Basin). b. City Manager's recommendation the minutes (attached) of the June 26, 1974, meeting of the Traffic Safety Committee be approved and filed. Councilman Pinson said, under Item (a) the County and the CPO are trying to get the hammer on the AIR QUALITY MAINTENANCE in the San Diego region; he feels National City should respond to this letter from CPO; National City should let other cities know how we feel about federal levels of government trying to involve themselves in local affairs. Mayor Morgan said he does not feel this is the time; allow the County and CPO to fight it out first. Consent Calendar ordered filed by unanimous vote. 7/9/74 227 Recommendationsby TRAFFIC SAFETY COMMITTEE were presented: A. Curbs be painted red for approximately 2 stalls between parking stalls and a loading dock at the Welfare Department building on 30th St. B. Curbs be painted green in front of National City Transfer on McKinley Ave.; and that approximately 20' of curb be painted red on each side of driveway to National City Transfer parking lot. C. Diagonal parking not be approved in front of Mary "J's" Cafe at 1930 Cleveland Ave. D. A 2-hour parking limit be imposed in front of Rhody Ceramics, 1640 Coolidge. Moved by Camacho, seconded by Reid, Item A be approved. Carried by unanimous vote. Moved by Camacho, seconded by Reid, Item B be approved. Carried by unanimous vote. Moved by Camacho, seconded by Pinson, in favor of the Traffic Safety Committee's recommendation on Item C. Carried by unanimous vote. Moved by Camacho, seconded by Pinson, Item D be approved. Carried by unanimous vote. The City Manager's recommendation the proposed POLICY relating to STOPPAGES IN SEWER LATERALS be adopted and memo signed by the Building and Housing Director, Public Works Director, and City Engineer regard- ing the proposed policy and a copy of the Proposed Policy Relating to Stoppages in Sewer Laterals were presented. There was discussion. City Manager Osburn said if it is not from the property line back to the house, the City will clean it; now, the property owners call the City first; the home owner will clean all the way out to the main; when that is clean he can call the City if there is still a stoppage, after three calls in a year the line will be replaced. Moved by Pinson, seconded by Dalia, this be adopted. MARION COOPER, a plumbing contractor in National City, was present and said he is on the Building Advisory and Appeals Board and this was recommended by the Appeals Board to be in the new Code that is coming up; it is out now; it was sent on to the Council; this is putting the blame and all the responsibility on the homeowner to clean that lateral out; other cities have done this; if you have trouble and more than three calls in one year the City will come out and redo that line; it does not mean the crews will come out and clean out that lateral every time because property line cleanouts are no longer required in the City of National City as well as the rest of the State; the burden is going to be on the homeowner; it will be up to the plumber or whoever does it to clean that line out for him. Asst. City Engineer Hoffland said the major change is the deletion of the requirement for the property line cleanouts; without the property line cleanouts it makes it very diffi- cult for his crews to clean out the laterals; therefore the homeowner will be responsible for the cleaning of his lateral. Councilman Reid said all this is charging a fee to the homeowner and it is not fair; he would like to see where it is mandated by the State. Moved by Reid, this be held over one week until he can read this. Motion died for lack of second. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. STEP INCREASES for eligible employees recommended by the City Manager and Department Head (JEFFREY ALBRIGHT and RANDY KIMBLE, Fire Department) were presented. Moved by Pinson, seconded by Camacho, the recommenda- tions be approved. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN said he had no report. The Planning Department transmittal stating the Planning Commission recommended that ZONE CHANGE BE DENIED to add "OPEN SPACE OVERLAY ZONING" to property north and south of 24th Street bounded by Las Palmas Park on the north and west, by 1-805 on the east, and by National City boundary line on the south and stating if City Council does not set any or all of the issuesfor public hearing, the case will remain closed was 7/9/74 228 presented. Moved by Reid, seconded by Camacho, in favor of the Planning Commission's recommendation. There was discussion. Planning Director Gerschler said the Planning Commission voted to deny this; the properties are shown on the preliminary General Plan as a park; if the plan were adopted that would mean that through the site plan review procedure if a building permit application were received they would hold the permit and refer it to the City Council; at that time Council would have the option of acquiring the property before a permit was issued; the Planning Staff suggested in regard to the small piece of surplus CALTRANS PROPERTY (because it does not involve a property owner or probable development), Council might wish to set a hearing and attach open space zoning to that one parcel. Mayor Morgan said he would abstain as he has relatives who own property in that area. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Moved by Morgan, seconded by Pinson, to set a public hearing August 6 for the small piece of State owned property. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said the City Hall should be open one-half day on Saturday; since Council does not concur with him, perhaps different hours for City Hall could be considered; perhaps a work schedule of 9 to 6 would work out; there is still the duty to the people to provide access to City Hall; everyone, even those who work from 8 to 5; these same citizens pay the staff bills here. Moved by Pinson, seconded by Camacho, the City Manager be instructed to make a serious study of the 4-day, 10-hour work week and report the pros and cons to Council for possible action. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Nays: Reid, Morgan. COUNCILMAN PINSON said the Planner should get with the City Attorney and try to do something about signs; there are still signs on trailers; there is one across the street and down the street a half a block; there is another one about 35th Street (if there were a street there); the electrical and non -electrical trailer signs and as far as he knows they are not included in the sign ordinance. Planning Director Gerschler said he believes they are; the responsibility is assigned to the Chief Building Inspector; this should be referred to the Depart- ment of Building and Housing. Moved by Pinson, seconded by Camacho, to refer this to Mr. Biggs. Carried by unanimous vote. COUNCILMAN PINSON said Mr. Gerschler's letter to the San Diego Coastal Commission is a very good letter; he would like to see this letter with a cover letter sent to each member of CPO. Moved by Pinson, seconded by Camacho, this letter, with a cover letter, be sent to each member of CPO and other cities in the County. Carried by unanimous vote. VICE MAYOR CAMACHO asked the City Attorney which of the Commissionsis mandated by the State legislature? City Attorney McLean said the Planning Commission and the Board of Trustees of the Library are those bodies organized under State law. Vice Mayor Camacho said he has attended a number of Planning Commission meetings; they stay up until 11:00 or 11:30 p.m. working and making Council's job easier; he wondered if there could be any financial consideration given them, compensating them for their time spent at meetings; has this been done before? has it ever been requested? he would like to see a study made. Moved by Morgan, seconded by Pinson, to refer this to the City Manager for study. Carried by unanimous vote. MAYOR MORGAN said he has a request to close Transportation Avenue and barricade each end for an Automobile Show by the car dealers in the area this Saturday and Sunday (July 13 and 14); he would like Council's approval. Moved by Camacho, seconded by Reid, in favor of this request. Carried by unanimous vote. Z/V74 229 Mayor Morgan called an Executive Session in regard to personnel at 8:34 p.m. Council reconvened at 8:51 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. City Manager Osburn said he would recommend the adoption of the tentative budget as changed by the Finance Committee and also that the Safety Services Salary as adopted by the Finance Committee be adopted and the Miscellaneous Salary as adopted by the Committee. Moved by Morgan, seconded by Pinson, to approve the Manager's recom- mendation and there would be no promotion as recommended in these negotiations until Council has been notified. Carried by unanimous vote. Moved by Camacho, seconded by Pinson, this resolution be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,539, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALARY PLAN, ESTABLISHING PERSONNEL CLASSI- FICATIONS AND ADOPTING SALARY SCHEDULES FOR THE 1974-75 FISCAL YEAR." Moved by Camacho, seconded by Pinson, Resolution No. 11,539 be adopted. Carried by unanimous vote. Moved by Pinson, seconded by Camacho, to adopt the TENTATIVE BUDGET. Councilman Reid said he understood the other employees would come up separate. City Manager Osburn said he made the recommendation that way; however, the motion was made to approve the salary. Carried by unanimous vote. Moved by Reid, that these City employees get a 1O% raise, not the Fire or Police; they were handled separately. Motion died for lack of second. HEARING The CONTINUED HEARING on the PROPOSED REVISION OF THE NATIONAL CITY GENERAL PLAN was held at this time. Planning Director Gerschler said he has supplemental remarks to make on three specific issues that have come up since the Planning Commission action on the General Plan and suggested Council hear those remarks and then call for public testimony on any issue related to the Plan and then close the hearing; there have been 19 public meetings on this matter; this is the first time it has been before the City Council; somewhere along the line the public hearing will have to be closed and Council will have to undertake the decision making part of it. Mr. Gerschler said after the adoption of the Preliminary General Plan by the Planning Commission, the City Attorney submitted a memorandum urging the City Council to include specific descriptions of areas that would be subject to further study as potential Redevelopment areas; the text of the General Plan refers to a number of areas; a map has been prepared showing what they believe are those areas. Mr. Gerschler said the West Side area was mentioned in the text and the City Council by motion deleted any reference to the West Side area for redevelopment; that part of the West Side north of 16th Street was deleted from the General Plan; that part of the West Side from 16th south through the two phases of the Christman Redevelopment Project (Phase I of which is now being finished), might be added to the General Plan as future study areas for redevelopment; the area of the Center City Complex from City Hall easterly to the Montgomery Ward property and all the South Bay Plaza property and east to the 805 freeway is suggested for a potential Redevelopment Project Area; the Paradise Marina is suggested as a potential Redevelopment Project; the area on both sides of National Avenue from 16th Street north to Division is identified as a potential Redevelopment Study Area; the Bonita Plaza site, the existing Bonita Golf Course, is identi- fied as a Redevelopment Project area; the map he is referring to will 7/9/74 230 be on file in the Planning Department. Mr. Gerschler said the second issue was in regard to the study being made by CPO on preliminary planning for a Rapid Transit System; they recently contacted the City and asked for possible routes and station locations for the Rapid Transit Plan; the Planning Commission's version of the General Plan shows a rapid transit line going down Highland Avenue with stations at the north and the south City limits located just outside of town and with an entermodal station (a station where buses would transfer to rapid transit) near Plaza Boulevard; it has come to their attention since then that if that line were to be an at -grade line or an over- head line it might involve the removal of a 3-block width clear across town; this would knock out a pretty substantial area; it is suggested the Planning Commission recommendation be modified and expanded; the existing General Plan shows the Transit line going down the 805 free- way as a monorail; considerable discussion has been heard about using the San Diego & Arizona Eastern Railroad tracks near 1-5 at -grade or on overhead lines; he would suggest a modification showing three alternatives: a monorail down 805, a subway down Highland Avenue or any one of the three down the San Diego & Arizona Eastern railroad right-of-way with the station locations being the same as indicated by the Planning Commissic,n. Planning Director Gerschler said the third issue is that the contract with Duncan & Jones calls for the preparation of an Environmental Impact Report; it is their interpre- tation of the California Environmental Quality Act that the City is now required to do an EIR on the adoption of a new General Plan; Mr. Duncan has commenced work on the EIR; it may be that Council will have to have a later public hearing on that EIR; they are now in contact with Sacramento and will advise Council as soon as this infor- mation is available to them; when the Council adopts the General Plan it will go back to the Consultant and he will put it in its final form; his contract with the City requires that he incorporate the changes recommended by the City Council whatever they might be and that he put it in final form, have it printed with colored maps, charts, diagrams and the implementation phase of the General Plan called for in the contract will be attached to it; it will then be delivered to the City Council for final adoption; the approval they are asking for tonight will simply refer it back to the consultant for inclusion in the final form and Council will have a chance for final adoption, at which time the EIR will probably be taken up; those are the only questions that have come to his attention since the Planning Commissiont approval of the case; they delivered to Council a lengthy transmittal dated June 13, 1974 containing all the Planning Commission's recommen- dations; that transmittal included the identification of the issues that were brought up during the 19 public meetings on the plan and details of the alternatives that are at hand. GIL FRITZ, 35 North Euclid, was present and said his 10-acre piece of property (located one block east of Harbison Avenue, 8th Street on the north, and what would be 12th Street on the south, Plaza goes through it and separates it leaving 2½ acres on the south and 71/2 acres on the north which joins 8th Street) has been zone downgraded to R-1; it has been C-2 for ten years; this 711 acres is not desirable for R-1 property; it is joined on the west by a shopping center, on the east side it is bordered by Paradise Creek, and to the north is a school; this property was originally a 10-acre piece of land located in the County; the City of National City at that time wanted to put in Plaza Boulevard; when this property was annexed to the City of National City an agreement was made Plaza would run through the property in exchange for a C-2 zone; this was agreed to and it was zoned C-2; he would like this City Council to honor this agreement. There was discussion. Mr. Fritz said he appeared before the Planning Commission regarding the 21,1 acres; they wanted to change it to R-1 last November; at that time they voted to keep it in C-2. WENDELL HESSELTINE, 510 Hill, was present and said he owns property on the SE corner of Plaza and Harbison; he owned the section before Plaza was put through; it was all zoned C-2 they were willing to have Plaza go through; this corner would not make a good residential area; he appeared before the Planning Commission in 7/9/74 231 November when they proposed to downgrade this corner to residential; they voted after the hearing not to do this; he has not followed the General Plan as closely as he should have; perhaps, he should have been in on it sooner; the tax assessor does not agree that it is residential property because they assess it as commercial property; he pays over $2,000 yearly tax on that one little corner; that is pretty heavy residential tax; he asked that Council give more consider- ation to this; he just does not know what he would do should it be rezoned to residential; it is slightly over an acre. Mayor Morgan asked Mr. Gerschler if he has a plan to notify all these people to let them know what has taken place regarding their property? Planning Director Gerschler said after Council closes the public hearing, these can be taken item by item and if Council wants to change what the Planning Commission has suggested, Council can do it; he will make notes and bring them up after the hearing is closed. RUBEN RUBIO, 1729 Cleveland Avenue, was present and said there have been many, many hearings; the people of the West Side have expressed their feel- ings regarding the proposed General Plan; the people still feel that residential and industrial zones cannot coexist; also in the General Plan the people will be displaced from the West Side and will be relocated around 4th or 3rd at "A" or "B"; the people are suspicious of what is behind the proposed General Plan; the Mayor has worked very, very hard to let the people know that nothing is going to happen to them on the West Side; they will not be removed or displaced from their homes; on the other hand, the Mayor has gone to the priest trying to tell the priest to convince the people that this is not in the General Plan; but the people became suspicious when the General Plan came out in black and white; when it came out Mrs. Rubio, Mr. Baca and Mrs. Ramirez and others called a meeting at St. Anthony's Church Hall to let the people know what is in the General Plan; another meeting was held at the Junior High where about 400 people attended; the Mayor was there and promised the people the General Plan would be printed in Spanish; the people have expressed their feelings, their worries, regarding the effect of the General Plan; the Mayor came to Mrs. Rubio after the meeting and told her she had no business telling the people about this; she was creating a problem...trouble; with the Mayor saying that, the people are suspicious...why? is something behind this? Mrs. Rubio has worked for her community before the Mayor was born 50 or more years; she received the key to the City; she was Chairman of the Sister City Committee...and the Mayor behaving like that to her in an attempt to discredit her...why? if he has nothing to hide, why did he tell Mrs. Rubio that? this bothers the people; why go to the Father to calm the people when they were going to have a march and then jumping all over Mrs. Rubio because she informed the people; what is behind it? the Mayor has made the statement that he has made deals behind closed doors when the May Company came in because he does not trust anyone; is he making a deal on the West Side? Mayor Morgan said the General Plan has not been adopted; Spanish is being considered; there is nothing in the General Plan that has been adopted up to this minute. Mr. Rubio said none of the previous mayors or councilmen of National City has ever called Mrs. Rubio a troublemaker. ESTELITA TAN- JUAQUIO, 321 West 14th Street, was present and said she would like to again state that her family, her neighbors, her friends and the entire Mexican -American community of National City oppose. the industrializa- tion of the West Side; at the public hearing on June 11, they were assured that Council has no intention of tearing down the houses, the school) the church; that they should not worry about this and should live in peace; that is very comforting to hear; she is now asking, if Council really means this, if Council is really sincere, and have the genuine interest of the welfare of the people of the West Side in mind; if so, you will rezone that area to residential as they are now asking; they too are interested in the progress and growth of the City; that is why they are asking that their area be zoned residential so they can develop it into a nice decent community to live in; some of the condi- tions in the houses are very bad; they are unsafe to live in but remodeling and reconditioning is not feasible; this cannot be done; the 7/9/74 232 owners cannot take action to impove the houses because of the insecurity of the area; the feeling that sooner or later they will lose their homes gives them no motivation to improve them; the people on the West Side like to live there, it is convenient, near their jobs, shopping, etc.; the location is excellent; the people were conditioned to believe that industrial zoning was to their advantage; they have since learned this is not -true; they are now asking Council to free them from this bondage and help them improve their lot; she urged Council to heed the cry of the people of the West Side who helped to elect them. Mrs. Tanjuaquio presented a petition signed by about 200 people requesting industrialization of the West Side be deleted from the General Plan, the West Side be zoned residential, the homeowners be helped to re- build or rehabilitate their homes and that Kimball School and St. Anthony's Church be retained. LUCILLE BAGWELL, 0. W. Cotton Company, was still present and said her remarks made earlier in the meeting (under Oral Communications, Page 222, last paragraph) should have been made at this time; she would like to be assured that her earlier comments will be considered in this portion of the meeting. Planning Director Gerschler said he had made notes and they would certainly be considered. HERMAN BACA, 105 South Harbison, was present and said before Council makes a decision and before he presents Council the petitions, he would like to reiterate the position and the reason why they solicited the signatures. Mr. Baca read the petition: "I the undersigned citizen and resident of National City hereby petition the National City Council: 1. Delete any item in the General Plan deal- ing with the demolition of St. Anthony's Church, Kimball School and residential homes; 2. Rezone the area known as the West Side back to residential; 3. Expedite the extension of the CASA de SALUD building with money which has been already allocated; and 4. Correct the drainage situation behind Kimball School." Mr. Baca said it is his understanding that there was $40,000 allocated for work on Casa de Salud. City Manager Osburn said $60,000. Mr. Baca said the Casa de Salud is closed. Moved by Morgan, seconded by Dalla, to have the Manager check and give a report on this, when it will be opened. Carried by unanimous vote. Assistant City Manager Stenberg said the plans on Casa de Salud are complete and are being checked by the Building Department; he does not have the schedule in front of him; there is a schedule and it is on course. Mr. Baca said the drainage situation behind Kimball School has been corrected; Council is to be commended for this action; the basic issue involved here is the zoning, the zoning the West Side is going to live under; numbers of people have presented themselves before Council and in front of the Advisory Board and the Planning Commission and have stateat they disapprove of the way the plan was written; they stated/dia'not understand it and requested that it be held over so that they could be informed as to how it would affect their homes; all of these requests have been ignored. Mayor Morgan said the plan has not been put together yet. Planning Director Gerschler said the drawing on the board is the Planning Commission's composite adopted plan map; there is the Plan- ning Commission text that consists of the consultant's version plus many amendments they have attached to it; the City Council, after this hearing is closed, will undertake to assemble a similar map that will be the City Council's version of the General Plan; that will be the final map. Mr. Baca said that is why the signatures were solicited for this petition so there would be some type of mandate, some type of consensus, as to the wishes of the people in that part of the City as to how they would be affected by and how they felt about the proposed General Plan; through these petitions, the people have stated what they want; there is only one issue and that issue is that the West Side be rezoned back to residential; that is the only solution to the problem that has cropped up year after year; the position of his organization and the position of the individuals --they have communicatzd with the individuals --they have listened to their fears, their desires -- is quite simple, this position is that anyone who votes not to rezone the West Side back to residential, there is going to be a recall launched against those members; this cannot be said any plainer; he 7/9/74 233 does not know what has to be done in order to attract the attention of those who govern; this is the reason these signatures are presented tonight that Council may know what the people want; these are young people, old people; people who do not live in National City but are interested in National City; there is a black church on Wilson Street whose congregation signed the petitions stating they want nothing to do with this Plan; they do not want to be reacting to a situation that develops because of some other reason in the future; they want that area intact as it now is; in presenting this petition he hopes that Council will heed the voice of the people before the decision is made; they do not want a recall effort but if Council leaves them no choice it will have to come about. Mr. Baca presented two boxes of petitions, and urged Council to listen to the people who helped to elect them to represent them. MARION COOPER, 91 Shasta, Chula Vista, was present and said he is Acting President of the Chamber of Commerce of the City of National City. Mr. Cooper read a letter from the Chamber of Commerce to the Honorable Mayor and the City Council: "Gentlemen: the Board of Directors of National City Chamber of Commerce, at the recommendation of our Business and Industrial Committee, took action this morning (this is dated July 9) to endorse the Planning Com- mission's recommendation as follows: that the West Side remain zoned light industrial, that specific plans be established for a block -to - block basis, as well as areawide architectural design standards; this would help to insure that light industry would be developed on a one - at -a -time basis; the end result would be an industrial area composed of individual industries which are compatible with the area as a whole. Sincerely, Marion Cooper, Acting President, Chamber of Commerce." No one else was present in this regard. Moved by Pinson, seconded by Camacho, the public hearing be closed on the Planning Commission's proposed General Plan map and the Council proceed with redrawing a map or whatever...further consideration of the map. Carried by unanimous vote. Mayor Morgan called a recess at 9:35 p.m. The meeting reconvened at 9:52 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Council discussed the Planning Commission's approved General Plan Map and the Mayor indicated that although he favored everything that is residential, single residence homes, he was against changes from C-2 down to residential; any propertyincluding Mr. Fritz's and Mr. Hessel- tine's zoned from business down to residential he would like to exclude. Councilman Pinson asked the City Attorney where Council stands when they are involved with the ownership of a piece of property? City Attorney McLean said as far as the General Plan might affect property owned by Councilman Pinson, or in which he has an interest, he is simply silent; he does not speak as a private citizen or anything else; he can neither discuss the matter nor vote on it; everyone knows that every City Councilman lives within the City where the General Plan is to be adopted and obviously none of you could vote if you took the position that if you own land within the City you cannot vote; he is not suggesting that; you cannot get down to the point of advocating decisions concerning the General Plan as it affects specifically the property a Councilman owns. Councilman Pinson said unless the Attorney rules differently, he is definitely going before the mike to speak as a private citizen. City Attorney McLean said what he is saying is that Councilman Pinson is not a private citizen; when he ran for public office he gave up his right to be a private citizen. There was further discussion. Mr. Gerschler said the General Plan shows some previous 7/9/74 234 commercial zoned property being used for residential purposes; some of the previous commercial property is shown as park; where the new General Plan calls for park property or future park use, then that is shown on the General Plan as park use and is no longer shown as commercial property; the same goes for residential. Moved by Reid, seconded by Camacho, this (properties shown as residential .which were formerly commercial or C-2) not be downgraded, this property stay C-2. There was discussion in regard to individual properties that might be out of phase and proper zoning for the City owned land east of "D" Avenue at 13th Street where the Senior Citizen's Highrise is planned. Councilman Pinson said the motion on the floor will put it in commercial property. Mr. Gerschler said the existing General Plan shows that property for commercial purposes; the Planning Com- mission has recommended it be shown for high density residential. Moved by Morgan, seconded by Reid, the motion be amended that Council continue leave this (City owned land between 13th and 14th St. on the east side of "D" Ave.) as high density residential, across from Kimball Park that is owned by the City. Amendment carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. Councilman Dalla said the Planning Commission has gone to considerable time going over each piece of property and with one clean swoop of the pen Council is eliminating a problem by denying every- thing they have done; ...he is not sure it is the best way out. There was discussion. Mr. Gerschler said in answer to Councilman Pinson's question, that is the Reiner Annexation and on Sweetwater Road is the McMillin project; it is now shown on the General Plan as commercial, TCR-PD and the Planning Commission is recommending it be shown low density residential, R-1 homes. Moved by Morgan, seconded by Pinson, to amend the motion that Council leave that (Reiner) as it is (residential) on 30th Street just east of McMillin's development as recommended by the Planning Commission. Amendment carried by unani- mous vote. Planning Director Gerschler said in regard to the property on the north side of Valley Road it is currently developed as single family residential, it is on Valley Road next to the trailer park; the property within the trailer park is now shown for commercial use. Moved by Morgan, seconded by Pinson, the motion be amended to leave the trailer park (near Valley Road) as recommended by the Planning Commission (residential). Carried by unanimous vote. There was discussion. (Councilman Dalla left Council Chambers at 10:05 p.m. and returned at 10:06 p.m.) Councilman Dalla pointed out that there is a limited number of times the General Plan can be changed; it can be changed three times in a one-year period; it is not simple...a mistake made now will be hard to rectify in the future. Mayor Morgan said they will not be cramming apartments in; it will cut down the density; it may take a little time to change it; any change will have to come before the Planning Commission and the Council before they can build a residential residence; he likes that. There was discussion in regard to the zoning of the West side of Highland Avenue between Division and Second; the property between "R" Avenue, 12th and llth Sts. and 805 Freeway and the property at 24th and Highland facing along "G". Original motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. There was dis- cussion in regard to density vs. R-1 zoning and the Mayor suggested that all the property that is shown on this map in yellow (there are two shades of yellow) except for those just voted on be limited to one dwelling per lot. Moved by Morgan, seconded by Pinson, all properties shown in yellow (throughout the City with the exception of the properties just voted on) be limited to a maximum of one dwelling unit per lot. Planning Director Gerschler said he thinks Council has a tiger by the tail; this he feels will not survive the onslaught of variances and exceptions; those will just have to be taken case by case;the consultant attempted to reduce the density throughout National City to the lowest reasonable economic breaking point; he is trying to do this by the density tool; he feels Council will find as they get into this that there are a lot of lots that cannot be split --there are many lots that are 50 x 200; there is no way to split such a lot; they 7/9/74 235 will be too narrow; this will be freezing the property owner to one - house -per -lot situation. Councilman Reid suggested adjournment to do a little more homework. Moved by Pinson, seconded by Morgan, the motion be amended to include the yellow between 4th and 2nd Streets which are predominately single family now be included in the one unit per lot. Amendment to the motion carried by the following vote, to - wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. Moved by Camacho, seconded by Reid, to adjourn this meeting to Friday (July 12) at 4:00 p.m. Carried by unanimous vote. The meeting closed at 10:30 p.m. Cit Clerk ity of Natioria1 City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of July 16, 1974. No corrections 0 Corrections as noted below Mayor, City of NiLona1 City, California 7/9/74 tl