HomeMy WebLinkAbout1973 03-13 CC MIN207
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
March 13, 1973
The regular meeting of the City Council of the City of National City
was called to order at 7:30 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Camacho, Pinson, Reid, Waters, Morgan.
Absent: None. Administrative officials present: Campbell, Foster,
Gerschler, Osburn, Stenberg.
SALUTE TO FLAG AND INVOCATION
The meeting was opened with salute to the Flag led by City Manager
Osburn followed with invocation by the Rev. Reginald Berry, First
Congregational Church.
APPROVAL OF MINUTES
Moved by Waters, seconded by Camacho, the minutes of the regular
meeting of March 1973 be proved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS - None.
ORAL COMMUNICATIONS See paragraph 2, page 213 (James Jacobs).
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Reid, these resolutions be presented to
Council by title only. Carried by unanimous vote.
RESOLUTION NO. 10,995, "RESOLUTION GRANTING CONDITIONAL USE PERMIT
1973-1, SITE DEVELOPMENT OF PROPERTY NEAR THE SOUTHEASTERLY CORNER OF
30TH STREET AND HIGHLAND AVENUE, LOCATED WITHIN AN F..2 (FLOOD PLAIN
RESTRICTIVE) ZONE ( SANTA ANITA DEVELOPMENT CORPORATION)". Moved by
Camacho, seconded by Reid„ Resolution No. 10,995 be adopted. Carried
by unanimous vote,
RESOLUTION NO. 10,996, "RESOLUTION GRANTING COMMERCIAL PLANNED
DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 FOR INSTALLATION
OF AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH PROPOSED GEMCO
DEVELOPMENT, EAST OF HIGHLAND AVENUE, SOUTH OF 30TH STREET (M..2..A,
LIMITED LIGHT MANUFACTURING ZONE, SANTA AN/TA DEVELOPMENT CORPORATION)".
Moved by Reid, seconded by Camacho,, Resolution No. 10,996 be adopted.
Carried by unanimous Vote.
REPORT OF CITY ATTORNEY « None.
APPROVAL OF BTLL,S
BTIJ.S AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund $18,228.61
Traffic Safety 1,264,00
Park 1,074.90
Gas Tax No. 2107 27,826.20
Park & Rec. Capital Outlay 355.25
Sewer 17,074.80
Total $65, 823.76
Moved by Camacho, seconded by Reid, these bills be paid and warrants
drawn, Carried by the following vote, to -wit: Ayes: Camacho, Pinson,
Reid, Waters, Morgan, Nays: None.
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NEW BUSINESS
Consent Calendar Items:
a, City Manager's recommendation minutes of Feb, 22, 1973 meeting
of Street Tree and Parkway Committee be approved and filed. (Approved
by Council, see motion under Item "f"*)
b. City Manager's recommendation minutes of March 1, 1973 meeting of
Advisory and Appeals Board be approved and filed; minutes and report of
Director, Building & Housing, regarding llth Annual Business Meeting,
Calif. Chapter, International Conference of Building Officials, 2/21-
24/73 attached. (Approved by Council, see motion under Item "f".)
c. Letter from Rear Admiral, Eleventh Coast Guard District, listing
Navigable Waters of the United States - San Diego County, Calif. and
stating they are subject to Coast Guard jurisdiction for purposes of
bridge administration. (Approved by Council, see motion under Item "f".',
d. League of Claifornia Cities Legislative Bulletin, dated 3//2/73.
(Approved by Council, see motion under Item "f".)
e. City Engineer's notification that Assistant City Engineer Hoffland
had been advanced to grade of "Member" in American Society of Civil
Engineers; City Engineer stated this is a noteworthy event, a credit tc
the City, and a copy of this letter should be placed in the personnel
file. (Approved by Council, see motion under Item "f".)
f. Items to be filed with the City Clerk: 1) Umbrella Liability
Policy from the Central National Insurance Co, of Omaha, effective
1/1/73 to 1/1/74, Policy #CNU 12+11..02; 2) Letter from San Diego
County Water Authority, 2750 .. 4th Ave., San Diego, dated 3/1/73,
enclosing tabulations showing changes in quantity of water stored in
San Vicente Reservoir as of 2/28/73 and average monthly water deliveries
in cfs by Authority to member agencies for fiscal year 1972-73.
(Approved by Council, see motion in next paragraph)
Moved by Pinson, seconded by Camacho, these items be approved on "a"
through "f" and that Item "e" on consent calendar should have pecial
recognition. Carried by unanimous vote,
The CITY ENGINEER'S estimate regarding reconstruction of Plaza Blvd.
between Highland Ave. and "L" Street; reconstruction of portions already
deteriorated will cost about $36,500--if remainder of roadway deteriorates,
total cost may reach $42,500, was presented. Moved by Morgan, seconded
by Waters, refer this to the Budget Committee to look at this. Carried
by unanimous vote.
A communication from the CITY ENGINEER recommending 90' of curb, gutter
and sidewalk be removed in 4000 block of Plaza Blvd, and replaced to
grade with 25 tons of asphalt to be used for repair (cost estimate of
this work, $950) was presented, Councilman Waters asked what caused
this particular settlement; was there recent fill. City Engineer
Foster stated it had been in 12..15 years. Moved by Waters, seconded by
Pinson, in favor of the City Engineer's recommendation. Carried by the
following vote, to-wito Ayes: Camacho, Pinson, Waters, Morgan, Nays:
Reid,
A communication from the COMPREHENSIVE PLANNING ORGANIZATION requesting
to be on City Council agenda May 1, 1973 to present forecasted impacts
of alternative plans for the development of the San Diego region between
now and 1995 was presented. Ordered filed by unanimous vote. Moved by
Waters, seconded by Camacho, in favor of the Comprehensive Planning
Organization request to be placed -on our agenda Msy 1, 1973, Carried
by unanimous vote.
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A communication from CITY MANAGER recommending easterly 10' of "E"
Ave. between 15th and 16th Streets be closed (at no fee); communica-
tions from J. A. THOMPSON, 518 E. 15th St., requesting closure and
that the fee be waived; copy of Planning Department's letter to Mr.
Thompson regarding same, were presented. Moved by Reid, seconded by
Camacho, in favor of the City Manager's recommendation. Carried by
unanimous vote.
A communication from CITY MANAGER recommending suit against the City
by James Fredric Schwab II be denied and referred to the City Attorney
was presented. Moved by Camacho, seconded by Pinson, in favor of the
City Manager's recommendation. Councilman Camacho asked what the pro-
blem is here; what is this suit all about. City Manager Osburn said
this is some kind of altercation between the Police and ....Carried by
unanimous vote.
A communication from the NATIONAL MULTIPLE SCLEROSIS SOCIETY requesting
permit to conduct fund raising campaign May 13-June 17 and the License
Collector:s recommendation request be granted, were presented. Moved by
Camacho, seconded by Pinson, that this request be granted. Carried by
unanimous vote.
A communication from CITY MANAGER requesting Council ratify his action
in permitting FRIENDS OF CATS, INC. to hold rammage sale March 15;
request of Friends of Cats, Inc, for no charge permit to hold rummage
sale and recommendation of License Collector the request be granted,
were presented. Moved by Reid, seconded by Camacho, in favor of the
City Manager:s recommendation, There was discussion, Carried by the
following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson,
Waters.
A communication from the LIONS CLUB requesting use of Kimball Park July
3-4, 1973, for 4th of July celebration was presented. Moved by Waters,
seconded by Camacho, in favor of the Lions Club request. Carried by
unanimous vote.
A communication from the LIONS CLUB requesting the City donate $1,250
toward cost of fire works display at 4th of July celebration, total
cost of fireworks display to be $2,000 was presented. Moved by Pinson,
seconded by Camacho, in favor of the Lions Club request. Carried by
unanimous vote.
A communication from CITY MANAGER recommending the CITIZENS ADVISORY
COMMITTEE FOR COMMUNITY IMPROVEMENT minutes of 2/21/73 be approved and
filed, noting that various suggestions were contained in the minutes,
was presented. Moved by Waters, seconded by Reid, in favor of the
City Manager's recommendation. Carried by unanimous vote.
A communication from the CITY MANAGER listing Council action requested
on various items in TRAFFIC SAFETY COMMITTEE minutes of 2/14/73 was
presented. There was discussion. Moved by Waters, seconded by Reid,
would like to approve the Traffic Safety Committee minutes and recommen-
dations of all the items except "c" under New Business and brin. it
back for discussion (amended motion). Carried by unanimous vote.
There was discussion. Moved by Morgan, seconded by Reid, we refer this
(item c, New Business) to the City Manager and bring it back on the
agenda with a r port. There was further discussion. Carried by
unanimous vote. Councilman Pinson said under Other Business Item "C"
in the Traffic Safety minutes, the Council has been quite good in
taking care of the minutes of the several committees, if the Council
sees an item that needs immediate attention, Council should be able
to handle it; and we can send this stuff back to this committee if
there is a problem; but, we shouldn't be tied to the Traffic Safety
Committee if we want to take action.
Step increase for eligible employees, approved by the City Manager and
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210
department heads for JOAN S. FOWLER, City Manager's Office; CARSEL H.
BUTCHER, Fire Department; JAMES L. KNEEBONE, Police Department, were
presented. Moved by Camacho, seconded by Reid, in favor of the City
Manager and department head recommendations. Carried by unanimous vote.
A communication from CITIZENS: COMMITTEE FOR TAX CONTINUANCE requesting
support of tax override; Governing Board, Sweetwater Community College
District voted to hold Tax Override Continuance Election 4/17/73; the
purpose will be to maintain present tax rate for another five year
period, was presented. Moved by Pinson, this item be denied. Motion
died for lack of second. Moved by Waters, seconded by Reid, this item
be filed. Mayor Morgan asked City Manager Osburn if this is support
of the continuance of the override tax on Sweetwater Community College.
City Manager Osburn said yes. There was discussion of support for the
college. Carried by the following vote, to -wit: Ayes: Camacho,, Reid,
Waters. Nays: Pinson, Morgan.
An application for on -sale beer license by RICHARD M. & GORGONIA A.
DOANE, dba SAMPAGUITA RESTAURANT, 819 National Ave. with Police Chiefs
recommendation that if application is approved, 3 conditions attached
previously be again attached and, in addition, the pool table be removed,
was presented, Moved by Morgan, seconded by Pinson, that we protest
this license. Carried by unanimous vote.
REPORTS
CITY MANAGER -None.
CITY CLERK CAMPBELL reported receipt of a Notice of Hearing before the
Public Utilities Commission regarding Application #53787 of Greyhound
Lines -West, Div. of Greyhound Lines, Inc,, for an order authorizing
state-wide increase in intrastate passenger fares and express rates....
Hearing set for 4/2/73, 10:00 a.m., San Francisco, which is on file.
CITY CLERK CAMPBELL reported receipt of a Notice of Hearing before the
Public Utilities Commission regarding Application #53656 of San Diego
Gas & Electric Co. for a certificate...require construction and opera-
tion of 3 new gas turbine electric generating peaking units...Hearing
set for 3/26/73, 10:00 a.m., City Hall, Chula Vista, and 4/9/73,
10:00 a.m., State Building, San Diego, which is on file.
CITY CLERK CAMPBELL reported receipt of acknowledgements of receipt of
Resolution No. 10,978 (Support of Tia Juana River Flood Control Channel)
from the Director of Correspondence for Gov. Reagan, Congressman Van
Deerlin, and Congressman Wilson, which are on file.
CITY TREASURER. -FINANCE DIRECTOR Financial Statements for months ending
Nov. 30, 1972 and Dec. 31, 1972 were presented. Ordered filed by
unanimous vote.
COUNCIL COMMUNICATIONS
COUNCILMAN PINSON said he would like to see if we can't get a more up-
to-date recording machines a magnetic machine. Moved by Pinson,
seconded by Waters, the City Manager bring back a report on getting
more u�-to-date equipment, something that would pick up more of the
sounds than this machine does; a report on the costs. Carried by
unanimous vote.
COUNCILMAN PINSON said the City Attorney isn't here tonight, but
intended for him to hear this also; when we pick up our agendas on
Friday, he would like to have a full copy of the resolutions that we
intend to take action on Tuesday night in the agenda. City Manager
Osburn said if there is a problem he will let him know next week.
COUNCILMAN WATERS said he still hasn't given up on that mass transit
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211
system; in a way he feels that we made a mistake in handing this money
over to the wrong people; he was glad to see an editorial in the San
Diego Union, and a cartoon captioned "Can I Transfer to Rapid Transit
Bus". Mr. Waters read the editorial dated March 11, 1973, titled:
"Cities' Indecision Diverts Funds - Transit Plans Wait at Bus Stop".
(Councilman Camacho left Council Chambers at 7:54 and returned at 7:55p.m.)
Councilman Waters complimented the San Diego Union Editor for his article.
COUNCILMAN Pinson said the League of California Cities Bulletin of 2/22/73
made mention of designating the person to be responsible for distributing
League Bulletins; he doesn't think that the Council has taken any action
on this and...Moved by Pinson, seconded by Reid, the City Manager be
named as the person made responsible for distributing League Bulletins.
Carried by unanimous vote.
COUNCILMAN PINSON stated because of the rain that some of the big holes
in the parking lots are filled with water and it looks like water on
the hard surface; you can't see the hole with all the water in it:
Mr. Pinson said he has been pushing to get Council to adopt a parking
lot ordinance; this is a good example of some of the safety problems
that could be taken care of if an ordinance were adopted. Mr. Pinson
said, we should have this ordinance where the City can go to these
parking lot owners;...this is a safety problem for the citizens of
National City. Councilman Camacho said there is a hole in one of the
lots, they know the hole is there; all they did was put a board over it.
Councilman Pinson said we need the City to be able to go in there and
tell these people to fix it or...the City will bring a law suit, instead
of waiting for a citizen to go in and get his car wrecked or his neck
broken.
COUNCILMAN CAMACHO read a letter he had written to Congressman Lionel
Van Deerlin asking the Tecate border operat on a 24 hour basis.
Mr. Camacho said Tecate is our Sister City; members of the Tecate Council
asked if we could assist them.
MAYOR MORGAN said he hadn't talked to Mr. Watts about this but sometime
ago we said that we would like urban renewal or development or some other
way on National Ave. so we can clean up downtown National City. The
Mayor said he knew that urban renewal was cut out but they haven't cut
out where you can do just a block at a time; if somebody wanted to come
into town then we could urban develop a block at a time down there; it
is a slow process but it is the only way we can do it and it may be that
we have to get started this way to clean up National Ave.; especially
from 12th St. down to 1st Ave. The Mayor asked Mr. Watts to study
that and come back with some type of statement that we can do it; we
have had the motel trying to go down there; they want a restaurant next
door, they don't have enough room or something; I don't know how we are
going to do it, but we should do everything we can to get this area pro-
ductive; it is time this Council takes action to do something to clean
up downtown where National City is viewed from 150-180,000 cars a day.
The Mayor asked Mr. Watts to report on cleaning z block, 1 block or 5
blocks or something; to ask the Federal Government for help.
MAYOR MORGAN asked the City Manager if possible he should buy office
supplies and files or whatever from the City of National City merchants
and to check into it thoroughly.
MAYOR MORGAN asked the City Manager in regard to holes in the streets
if Mr. Newberry could schedule a program to repair these holes; it is
real bad around Plaza and Euclid and east of Harbison, in that area;
most streets in town. City Manager Osburn said we are aware of this
and are working on it; however, the rains are filling them full of
water just about as fast as we can get around to them; weshould have
them dry before we fill them or it won't stick; it is a real problem;
we are not the only City having this problem.
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212
HEARINGS
The HEARING ON AMENDMENT TO THE NATIONAL CITY ZONING CODE(ORD. NO, 962,
AS AMENDED) TO SPECIFICALLY ALLOW "FAMILY DAY CARE HOMES" AS A PERMITTED
OR CONDITIONAL USE IN DESIGNATED RESIDENTIAL ZONES, SUBJECT TO LIMITA-
TIONS AND DEVELOPMENT STANDARDS TO BE ATTACHED was held at this time.
City Clerk Campbell stated the Planning Department transmittal stating
the Planning Commission recommended that the zoning ordinance be amended
to provide for family day care homes in any or all of the R-1, R..1-S,
R-1-S-1, R-2, R..4, and R-4.•PD Zones, subject to but not limited to 6
conditions was attached to the agenda; and the Certificate of Publication
was on file. Planning Director Gerschler said this matter was brought to
the City's attention by the San Diego County Welfare Agency; a Mr. Bim
Plumb (who is in the audience tonight to answer any questions) wrote a
letter to the Planning Commission stating the problem, asking them to
consider a code amendment that would hereafter allow this type of use in
the various residential zones; the Commission, after considerable investi-
gation and study and public hearing and consultations with groups and
organizations who were interested in this sort of thing and consultation
with Mr. Plumb's office, finally arrived at the proposal that you have
before you tonight, Mr. Gerschler pointed out that there is one unresolve,
question in the Planning Commission's proposal; they have suggested that
these kinds of uses be subject to our already established home occupation
permit procedure; they did this at his suggestion, the home occupation
permit procedure is the simplest, the least complicated, the least con-.
suming of staff time, and the most direct way to provide a minimum amount
of City regulation and control of this type of activity; the hoarse occupa-
tion permit ordinance as it now stands, requires that a business license
be obtained; some of the people who are in support of this amendment
object to the payment of a business license and asked the Planning
Commission to make a recommendation on that; we advised the Planning
Commission with the City Attorney's concurrence: that business license
fees are not a planning matter, they are a revenue taxation matter that
can only be determined by the City Council; we promised these people,
when this matter came up before you, we would bring this to your atten-
tion; they do object to a business license fee; if you wanted to change
that, you could amend the business license ordinance without having any
effect on the Planning Commission proposal before you tonight. There
was discussion. CONNIE MANN, 4953 Brighton, Ocean Beach, President of
the County Day Care Association: was present representing the women of
National City and said when they were at the Planning Commission, it
was her understanding there would be no charge for the occupational use
permit and the site review; they were very disappointed to hear about
the few dollars business charge; they felt they were being more or less
taken advantage of; one of the problems is most of the day care going
on right now is probably unlicensed; they feel that they are being pena..
lized for complying with the law; that's about how it stands. Council-
man Camacho asked if she meant they object to paying a $3 fee for a
license. There was discussion. Councilman Camacho said they are
getting paid for their services, aren't they. Ms. Mann said yes, but
they don't clear very much; they charge 500 an hour or less; most of
them in National City charge less and out of that they feed the child.
Mayor Morgan said isn't this a good way for the City to know who has a
license and keep tabs on who has a permit. Mayor Morgan said this is
not part of the public hearing...; and advised Ms. Mann to write the
City Manager and let him put in on the agenda and we can make a study
on this and figure this out. BITS :%.UNB, Chief of Foster domes L•iccnsing
Section, County of San Diego, was present an said it has been a
pleasure working with the Planning Dept. of National City and th=
Planning Commission to get to this stage where the ordinance is proposed
to permit licensed family day care in the City of National City. No one
else was present in this regard. Moved by Camacho, seconded by Pinson,
this hearing be closed on the amendment to_the National City Zoning Code
(Ord. No. 962) to specifically allow "Family Day Cars_pomes" as permitted
on a conditional use in designating residential zones subject to the
limitations and development standards to be attached. There was further
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213
discussion. Carried by the following vote, to -wit: Ayes: Camacho,
Pinson, Waters, Morgan. Nays: None. Abstaining: Reid.
JAMES JACOBS, 424, E, First St., was present and said he doesn't drive
anymore simply because he doesn't need to; these last several days that
Plaza had been at least 5 & 6" in water; he feels possibly that we could
resurface that area; he is an Electrical Engineer retired; sometime ago
he received a letter wanting to know if he would volunteer for some
committee - he would be happy to. (Mr. Jacobs spoke during the hearing
on Family Day Care Homes.)
The HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SITE
DEVELOPMENT OF PROPERTY NEAR THE SOUTHEASTERLY CORNER OF 30TH STREET
AND HIGHLAND AVENUE ( SANTA ANITA DEVELOPMENT CORP.) was held at this
time. Planning Director Gerschler said Council has the environmental
impact report for subject property; the report was prepared by a quali-
fied consultant hired by the applicants in the case, the Santa Anita
Development Co.; the Planning Department staffthoroughly investigated
the report for authenticity and reliability and upon making a favorable
finding they referred it to the City's Environmental Impact Committee
who unanimously accepted the Environmental Report; and, as required by
State law, notice was given for a hearing by the Planning Commission
which was held last night; the Planning Commission unanimously recommends
that you approve the Environmental Impact Report as prepared and before
you tonight; a required public notice was given by newspaper publication
for your hearing tonight; if the Council approves this matter tonight,
it will be filed tomorrow with the County Clerk, as required by law;
there will be a waiting period for the public to respond with any comments
or action they may have; at the end of the permit waiting period,, required
by State law, the City Building Department will be in a position to issue
building permits for this project; the recommendation is that you approve
the Environmental impact Report as submitted. No one was present in this
regard. Moved by Pinson, seconded by Camacho, the public hearing be
closed and that the Environmental Impact Report be accepted and that the
Planning Commission recommendation be accepted. Carried by unanimous
vote.
The HEARING ON PROPOSED ZONE CHANGE ZC-1-73 TO CONSIDER AN AMENDMENT TO
THE OFFICIAL ZONING MAP TO CHANGE THE ZONE CLASSIFICATION OF PROPERTY
FROM C-3-C (GENERAL COMMERCIAL) TO R-4 (MULTIPLE FAMILY RESIDENCE) THE
PROPERTY BETWEEN 13TH AND 14TH STREETS AND "D" AND "E" AVENUES (PROPOSED
SENIOR CITIZENS' APARTMENT BUILDING) was held at this time. City Clerk
Campbell stated the Planning Department transmittal stating the Planning
Commission recommended that proposed ZC-1-73 is consistent with the
General Plan 1985 and the City Council rezone from C-3-C to R-4 the
property between 13th and 14th Streets and "D" and "E" Avenues was
attached to the agenda; and the Certificate of Publication and Affidavit
of Mailing Notice of Hearing were on file. Planning Director Gerschler
said the Planning Commission recommends that you change this zoning from
its existing C-3-C to the proposed R-4; the reason for this being the
proposed Senior Citizen Housing Project requires R-4 zoning and the
zoning code would prohibit that project in the existing commercial zone;
the existing General Plan, adopted by National City, shows this property
for residential very high..density purposes; there is no problem with the
project and the General Plan; it is in accord; the only problem here is
with the existing commercial zoning; the Planning Commission recommends
that you change the zoning to R-4. No one was present in this regard.
Moved by Waters, seconded by Reid, the public hearing onjroposed zone
change ZC-1-73 be closed the Planning Commission recommendation approved
and all stipulations of staff be adhered to. Carried by unanimous vote.
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214
Moved by Camacho, seconded by Reid, the meeting be closed. Carried by
unanimous vote. The meeting closed at 8:20 p.m.
Ci Clerk
ity of Natio al City, California
The foregoing minutes were approved by the City Council of National
City at the regular meeting of March 20, 1973.
No corrections
ICorrections as noted below
Mayor, City ational City, California
3/13/73