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HomeMy WebLinkAbout1973 02-13 CC MIN176 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 13, 1973 The regular meeting of the City Council of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Pinson, Waters, Morgan. Absent: Reid. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed by a minute of silent prayer for our returning POWs. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, minutes of the regular meeting of February 6, with correction (add the word "denial" in "paragraph 10, Page 173), be approved. Carried by unanimous vote. Absent: Reid. PRESENTATIONS AND PROCLAMATIONS CITY MANAGER OS BURN read some of the outstanding accomplishments of Marla Ledgerwood. Mayor Morgan and Councilman Pinson presented Miss Ledgerwood a "Key to the City". ORAL COMMUNICATIONS JACK SYLVESTER, 548 Palomar St., Chula Vista, J.C. Construction Co. was present and said his company had submitted a plan for approval and a build- ing permit to locate their offices in the City of National City; this was denied indirectly because of coastal zoning and he requested that a monument be established for mean high tide line on 8th St.; the maps of the Port District and the City of National City differ. Mayor Morgan asked for the location of the property. Mr. Sylvester said 700 block of "B" Ave. (748) . Planning Director Gerschler said the City is not holding any permits any- where in any part of town; the responsibility of the developer to satisfy Proposition 20 is a question that lies between the developer and the Coastal Commission; we are in no way attempting to enforce that; the Building Department is under instructions from the City Manager to notify the Coastal Commission when property may be involved. Mr. Gerschler further stated that the City map cited by Mr. Sylvester represented only a cursory exami- nation of where the line might go; the establishment of the line is not left to the City; we do not have this privilege; only the Coastal Commission can establish this line; the City has not jeopardized in any way Mr. Sy1' vesterts building permit by advising him that he might possibly be subject to Proposition 20. Mr. Sylvester said perhaps he had been misinformed; he had signed a waiver which jeopardized his company's financing. Planning Director Gerschler said that for a short time on Monday there was a question about whether or not permits could be issued; City Manager Osburn asked that building permits be held for a few hours until a ruling came from the City Attorney; the ruling from the City Attorney was that permits would not be held. Mr. Gerschler said the City Attorney has a revised waiver form which will not jeopardize financing which can be used in lieu of the one Mr. Syl- vester prevously signed. City Manager Osburn said the San Diego County Coastal Commission has been formed and are meeting each week in order to iron out some of their problems. Mr. Gerschler advised Mr. Sylvester he would "walk his plans through" if Mr. Sylvester would bring them to him. (More Oral Communications following the Hearings.) 2/1/73 177 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by title only. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,972, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE . CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW, INC." Moved by Camacho, seconded by Waters, Resolution No. 10,972 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,973, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO TRANSIT CORPORATION." Moved by Camacho, seconded by Morgan, Resolution No. 10,973 be adopted. There was discussion. Moved by Camacho, seconded by Morgan, Resolution No. 10,973 be tabled. There was further discussion. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,974, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO PURCHAS+: REAL PROPERTY FOR EUCLID AVENUE RIGHT-OF-WAY (Donald R. Jones, 2406 E. 19th St.)." Moved by Waters, seconded by Pinson, Resolution No. 10,974 be adopted. Carried by unanimous vote. Absent: Reid. HEARINGS The HEARING ON THE INTENTION TO VACATE AND CLOSE "F" AVENUE, 290' SOUTH OF 16TH STREET was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Posting were on file and the Planning Commission recommendation the vacation be approved subject to three condi- tions was attached to the agenda. Planning Director Gerschler.stated the Planning Commission found the street has no present or contemplated future public purposes. No one was present in this regard. Moved by Camacho, seconded by Waters, the Planning Commission's recommendation be approved subject to three conditions (reservation of public utility easements, exist- , ing sewer line be abandoned, curb, gutter and sidewalk be installed at closing) . Carried by unanimous vote. Absent: Reid. The HEARING ON THE CONDITIONAL USE PERMIT 1973-1, PROPOSED SITE DEVELOPMENT OF PROPERTY NEAR THE SOUTHEASTERLY CORNER OF 30TH STREET AND HIGHLAND AVENUE LOCATED WITHIN AN F-2 (FLOOD PLAIN RESTRICTIVE) ZONE was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler stated this is the site of the proposed Gemco Store; our ordinances require, before any building permit can be obtained on property in an F-2 overlay zone, the City Council must approve a condi- tional permit; the purpose of this permit is to make sure that the property and the construction is properly protected from flood hazards; the City Engineer has reviewed this question and has reported the proposed construc- tion will meet requirements, therefore, the Planning Commission recommends approval. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and conditional use permit 1973-1 be approved and all stipulations (seven as set forth in transmittal dated January 30, 1973) be adhered to. Carried by unanimous vote. Absent: Reid. The HEARING ON SPECIAL USE PERMIT FOR SANTA ANITA DEVELOPMENT CORPORATION ON PROPOSED SALE OF GASOLINE AS AN INCIDENTAL OR ACCESSORY USE ON PROPERTY NEAR THE SOUTHEASTERLY CORNER OF 30TH STREET AND HIGHLAND AVENUE LOCATED IN AN M-2-A, LIMITED MANUFACTURING ZONE was held at this time. City Clerk Campbell stated the Affidavit of Mailing Notice of Public Hearing was on file. Planning Director Gerschler said the Planning Commission acted on this case last night and recommended approval of a conditional use permit subject to the six conditions in his transmittal dated February 13, 1973. There was discussion. No one was present in this regard. Moved by Camacho, seconded by Pinson, the hearing be closed and special use permit for the Santa Anita Development Corporation on proposed sale of gasoline as an incidental or accessory use on property on 30th St. and Highland Ave. and also that the communication (New Business No. 8) in conjunction with the development of this property that the 52-ft driveway be approved. There was discussion. Carried by unanimous vote. Absent: Reid. 2/13/73 178 ORAL COMMUNICATIONS (continued) MR. GARCIA, 634 Division St., was present and said he bought two lots about two years ago onto which he would like to move two houses; the law does not allow him to bring houses from outside the City into the City. City Attorney McLean asked Mr. Garcia if he had purchased the houses already - the houses outside the City. Councilman Camacho said Mr. Garcia had told him that the State (Division of Highways) had moved the houses from National City and he told him that houses from within National City could be moved to another location in National City, but he could not bring houses from outside the City into the City; he explained to Mr. Garcia that he had to have proof that the houses were built in National City and moved from National City; he could come to the Planning Commission and check it out, Mayor Morgan advisec4. Mr. Garcia to come in and talk with Planning Director Gerschler and City Manager Osburn and see what could be worked out. City Attorney McLean cautioned Mr. Garcia not to purchase the houses until this had been settled. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Waters, the ordinances be presented for the first reading to Council by title only. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 2/6/73, "AN ORDINANCE AMENDING ORDINANCE NO. 962 TO ADD PROVISIONS FOR AUCTIONS IN CONJUNCTION WITH USED FURNITURE OR ANTIQUE SALES IN THE GENERAL COMMERCIAL ZONE." ADOPTION OF ORDINANCES Moved by Camacho, seconded by Pinson, the ordinances be presented for the second reading to Council by title only. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1348 (a/6/73--1), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-16-72 to Rezone from C-2, Limited Commercial Zone to \R-4, Multiple Family Residence Zone, Properties at 835, 932, 1019 through 1033, and 1214 through 1220 E. 18th Street and 1723 through 1733 "J" Avenue and 1810 "J" Avenue)." Moved by Waters, seconded by Camacho, Ordinance No. 1348 be adopted. MARION COOPER, 91 Shasta, Chula Vista, was present and said he owned property in this area and asked if the numbers read are inclusive that is on both sides of the street. Planning Director Gerschler said just those numbers read. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1349 (2/6,t;3.a) , "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-18-72 to Rezone from C-2, Limited Commercial Zone to R-4, Multiple Family Residence Zone, Portions of Property at 1104 Palm Avenue)." Moved by Waters, seconded by Pinson, Ordinance No. 1349 be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1350 (2,/6/73 4) , "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (2C-.4Q-72, to Rezone from TC-PD, Tourist Commercial Planned Development Zone, to R-2, Two Family Residence Zone, the Properties at 2411, 2405, 2415, 2435 and 2501 E. 13th St.)." Moved by Camacho, seconded by Pinson, Ordinance No; 1350 be adopted. Mayor Morgan asked if this was east of 805. Mr. Gerschler said yes. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1351 (2/6/ a . 4) , "AN ORDINANCE AMENDING ORDINANCE NO • 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-27-72, to Rezone from M-3, Limited Industrial Zone to C-4, Wholesale Commercial Zone, the Property North and South of 30th St., West of National Ave.)." Moved by Pinson, seconded by Camacho, Ordinance No. 1351 be adopted. Carried by unanimous vote. Absent: Reid. 2/13/73 179 ORDINANCE NO. 2/6/73-5, "AN ORDINANCE AMENDING ORDINANCE 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-14-72) TO PROVIDE LOCATIONAL CRITERIA, DEVELOPMENT STANDARDS AND OPERATIONAL STANDARDS FOR OFF-STREET PARKING LOTS OPEN TIO THE PUBLIC." Moved by Pinson, seconded by Camacho, Ordinance 2/6/73 -5 be adopted. There was discussion. Motion failed by the following vote, to -wit: Ayes: Camacho, Pinson. Nays: Waters, Morgan. Absent: Reid. ORDINANCE NO. 1352 (2/6/73-6), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, (ZC-»29-72 to Rezone from M-2, Light Manufacturing Zone, to C-3, General Commercial Zone the Property between 7th and 8th Streets East of I-5 and between 1st and 5th Streets East of Roosevelt Ave.)." Moved by Waters, seconded by Pinson, Ordinance No. 1352 be adopted. Carried by unanimous vote. Absent: Reid. On advice of Planning Director Gerschler, Mayor Morgan asked thtNew Business Item 9 be brought to the floor as the people from Santa Anita Development must attend another meeting in Chula Vista tonight. Moved by Waters, seconded by Camacho, in favor of the Mayor's request. Carried by unanimous vote. Absent: Reid. A communication from SANTA ANITA DEVELOPMENT CORPORATION stating in conjunction with the development of their property in the City, they will participate to the extent of 1/2 of the cost of construction of the division pipe proposed to be constructed in a north -south direction at the east end of the 14-acre Gemco parcel was presented. City Manager Osburn said this relates to a drain on this property which is draining property across the street; there are two particular drains: 18" and 36". The City Manager recommended that, since they are handling the drain from the other sections of the City, the City buy the 36" pipe and let them install it. (Estimated cost of pipe, $8,415) Moved by Camacho, seconded by Waters, in favor of City Manager's recommendation. Carried by unanimous vote. Absent: Reid. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 15,867.05 Traffic Safety 741.86 Park 229.14 Retirement 12, 575.14 Gas Tax No. 2107 12 5,452.70 Trust & Agency 100.00 Sewer 403.68 Total $155,369, 57 Moved by Camacho, seconded by Pinson, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Absent: Reid. REFERRALS A communication from DIRECTOR OF PARKS & RECREATION regarding cost data for elementary school programs ($4,552 annual cost per school playground) and stating this figure does not include capital items or cost of supervision and administration was presented. Moved by Waters, seconded by Camacho, this matter be referred to the Finance Committee and Budget Committee. Carried by unanimous vote. Absent: Reid. A communication from City Manager stating at the 1/16/73 Council meeting they discussed the AMERICAN TOWING COMPANY which at that time had two deficiences and since then he had been notified both those items had been approved was presented. Moved by Waters, seconded by Pinson, that the 2/13/73 180 American Towing Company to reinstated on the towing list and this be referred to the City Manager to set up schedule with Chief of Police in regards to the matter. There was discussion. GAETAN MAURAIS, 1104 Palm Ave., National City, was present and said Mr. Tom Moynahan is aware, as much as he is, when this was awarded in accordance with Resolution 9378 (or 5378) that sometime in the near future there would be a second company come in for this towing because of the fact and the request by either the Police Department or the Council that there could be two contracts awarded; for the past three years he has been trying, and spent money, to meet the specifi- cations and qualify and he asks that the Council review the resolution and give him a chance to perform. Motion and second withdrawn. Moved by Waters, seconded by Camacho, at this time, the matter of the American Towing Co. be referred back to the City Manager and that the owner of American Towing Co. come in and find out what else has to be done in relation to his qualifications and bring it back to Council at a later date. Carried by unanimous vote. Absent: Reid. NEW BUSINESS A communication from J. C. BAILEY, RETIRED FIRE CHIEF, expressing apprecia- tion for inclusion of "half -continuance" clause in retirement program was presented. A communication from City Manager attaching minutes of the TRAFFIC SAFETY COMMITTEE meeting of 1/10/73 and recommending they be approved and filed was presented. A communication from DIRECTOR, PARK & RECREATICN DEPARTMENT, attaching request from LIONS CLUB for use of Kimball Hall for benefit event !.to raise funds for National City Girls' Club and notification to applicant why request cannot be granted without payment of regular fee and recommending rental fee of $35 be assessed if the facility is used was xpresented. Moved by Camacho, seconded by Morgan, this be filed. Carried by unanimous vote. Absent: Reid. (Request approved at 2/6/73 Council meeting) A communication from POPPY CHAIRMAN, V.F.W. FIRST DISTRICT, requesting permit to conduct annual "Buddy Poppy" sale on May 18 and 19 was presented. Moved by Waters, seconded by Camacho, in favor of the Poppy Chairman, V.F.W.. First District. Carried by unanimous vote. Absent: Reid. Step increases for eligible employees, approved by City Manager and depart- ment heads were presented: Mary Ann L. De Leon, Building & Housing Dept.; Dale Hoffland, Engineering Dept.; Alma Caraet and Nancy Marsteller, Planning Dept.; Arlene F. Huth, Ilona J. Koesterer, Frank Lowery, Michael McMullen and Robert F. O'Neil, Police Dept.; Donald DeBus and Dale Pound, Public Works Dept.; Marion Benson and Rebecca Reed, Library were presented. Moved by Camacho, seconded by Pinson, in favor of recommendation of City Manager and Department Heads. Carried by unanimous vote. Absent: Reid. A communication from City Treasurer recommending approval of $500 refund to MR. CHARLES M. DAVIS was presented. Moved by Waters, seconded by Pinson, in favor of the City Treasurer's request. Carried by unanimous vote. Absent: Reid. A communication from THE CHURCH OF GOD OF PROPHECY, National City, requesting permit for soliciting funds and materials, report of Business License Clerk and recommendation of License Collector the request be granted was presented. Moved by Waters, seconded by Camacho, in favor of The Church of God's request. Carried by unanimous vote. Absent: Reid. A communication from City Engineer attaching application from SANTA ANITA DEVELOPMENT CORP. for a 52' driveway onto Highland Ave. at 30th St. and stating they have no objection to granting a variance provided parking lot aisleways are in line with driveway was taken care of earlier in the meeting. (See page 177) 2/13/73 181 A communication from SANTA ANITA DEVELOPMENT CORP. stating in p with the development of their property in the City, they will artricipate to the extent of 1/2 of the cost of construction of the division pipe proposed to be constructed in a north -south direction at the east end of the 14-acre Gemco parcel was taken care of earlier in the meeting. 9 (See page REPORTS CITY MANAGER OS BURN - None. CITY CLERK CAMPBELL presented for information a Notice from ARMY CORPS OF ENGINEERS stating application has been made by National Steel and Ship- building Co., San Diego, for permit to extend existing Shipway #1 in San Diego Bay near the 28th St. mole and inviting interested persons to submi written comments or objections on or before 3/6/73; Notice is on file. t CITY CLERK CAMPBELL reported receipt of a communication from FREDERICK A.R DREW, Chula Vista, recommending Council take action to have all official . correspondence between the City and an individual to be conducted in what- ever official United States language is requ&bted by the person and request- ing support of his effort to have all Candidates Statements of Qualifica- tions printed in the Spanish language at no extra fee was presented.MR. FREDERICK DREW, Chula Vista,was the Honorable Wadie Deddeh that the ChulaVistaDemodcratics cClubnendorsetion to There was discussion. Moved by Morgan, seconded by Pinson, the City�rsed. Manager be authorized to get a copyer Mr. Deddeh to distribute among the Council forstudy. Mr. Drew sent to vote. Absent: Reid. Y• Carried by unanimous COUNCIL COMMUNICATIONS COUNCILMAN PINSON inquired about the situation on 30th and "B" (brought up at the 2/6/73 meeting) and asked Mr. Foster to explain recommended correc- tions. City Engineer Foster said he had examined the property and at the time the curb was put in on the second lot from the corner the grade was changed to make it better; we put in one piece of curb and now it causes a problem; in order to correct the situation a new curb return must be ut in and grading done so this man can p this can be done with a minimum of expense tand lhelrecommended andsttzed the the watego r;' ahead. Moved by Pinson, seconded by Camacho, the City Manager be authorized together with Mr. Foster to work something out to correct this situation. Carried by unanimous vote. Absent: Reid. COUNCILMAN WATERS said the City had a position opening in the Engineering Department and he understands that there are three qualified people in that department and he asked the City Manager to find out why this should be an open examination. MAYOR MORGAN said FRED CAMERON has been trying to buy 50 feet over on Wilson Ave. for many years and asked the City Manager to look into this matter and come up with a recommendation. Councilman Camacho said he thinks there is a resolution to the effect that upon this property becoming avail- able for sale that Mr. Cameron is to have the first opportunity topurchase it. The Mayor asked that this matter be checked out. p MAYOR MORGAN recommended appointment James Marier, 1515 Grove and Juanita Moved by Waters, seconded by Pinson, Carried by unanimous vote. Absent: to the Citizens Advisory Committee of: (Jennie) Juarez, 1720 Harding Ave. in favor of the Mayor's recommendation. Reid The Mayor called an executive session at 8:55 p.m. The meeting reconvened at 9:00 p.m. 2/13/73 182 ROLL CALL Council members present: Camacho, Pinson, Waters, Morgan. Absent: Reid. Moved by Camacho, seconded by Pinson, the meeting be closed. Carried by unanimous vote. Absent: Reid. The meeting closed at 9:01 p.m. City lerk ity of Nationa City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of February 20, 1973. No corrections Correction as noted below tl Mayo National City, California 2/13/73