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HomeMy WebLinkAbout1973 05-08 CC MIN11 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 8, 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 Counci. members present: Camacho, Pinson, Waters, Morgan. Absent: Reid. Administrative officials present: Foster, Gerschler, Deputy City Clerk Gudmundson, McLean, 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 Mayor Morgan, APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meeting of May 1 1973 be approved. Carried by unanimous vote. Absent: Reid. PRESENTATIONS AND PROCLAMATIONS DEPUTY CITY CLERK GUDMUNDSON read the Mayor's proposed proclamation of "1973 Girls' Club Week," May 13..19. Moved by Camacho, seconded by Pinson, for the adoption of this proclamation. Carried by unanimous vote. Absent: Read. DEPUTY CITY CLERK GUDMUNDSON read the Mayor's proposed proclamation of "Senior Citizens Month in National City," May 1973. Moved by Waters, seconded by Camacho, in favor of the proclamation for Senior Citizens Month, May of 1973,and that an extra Senior Citizens proclamation be made up so that each Senior Citizen group will have their own proclamation, Carried by unanimous vote. Absent: Reid, Mayor Morgan presented the proclamation to Mrs. Cano and stated to Mr. William Detleff, President of the National City Senior Citizens Group, that a proclamation will be prepared for his group. DEPUTY CITY CLERK GUDMUNDSON read the Mayor's proposed proclamation of "Fire Service Recognition Day in National City," May 12, 1973. Moved by Pinson, seconded by Camacho, the Fire Service Recognition Day proclamation be approved. Carried by unanimous vote. Absent: Reid. City Manager Osburn stated he had a letter from the Fire Department inviting everyone to the Fire Service Recognition Day to be held on Saturday, May 12 at the Fire Department Headquarters at 16th and 'D" from 10:00 a.m. to 4:00 p.m. ORAL COMMUNICATIONS ERNEST ASHOCAR, 1615 Lanoitan was present and thanked the City of National City for their support in Cinco de Mayo. JOE TUMINTII,2601 E. 1st Street was present and thanked the members of the City Council for allowing them to have the Community Building free of charge for their Granger Hall dinner; also invited everyone to the Granger Hall dinner this year which will feature all Philipino food and Philipino and Hawaiian entertainment. MAYOR MORGAN said it is wonderful to see this (Cinco de Mayo) take place; he hopes there is never more than three strands of wire that separate these two countries -our country and their country; it is wonderful to have the two Flags of these two countries flying to celebrate the independence of Mexico in the City of National City, 5/8/73 12 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these resolutions be presented to this Council by title only. Carried by unanimous vote, Absent: Reid, RESOLUTION NO, 11,047, " RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ASSOCIATED ENGINEERS (Hodge Street)." Moved by Camacho, seconded by Pinson, Resolution No. 11,047 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 11,048, "RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR INSTALLATION OF LIGHTING AND AGREEMENT FOR JOINT USE OF FACILITIES FOR ATHLETIC AND RECREATION PURPOSES." Moved by Pinson, seconded by Waters, Resolution No. 11,048 be adopted. Carried by unanimous vote. Absent Reid. RESOLUTION NO. 11,049, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS AS PER BUDGET." Moved by Camacho, seconded by Pinson, Resolution No. 11,049 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 11,050, "RESOLUTION ACCEPTING BID FOR RELOCATION THE EXIST- ING FIRE ALARM BOXES FROM 22ND STREET TO 29TH STREET ON NATIONAL AVENUE." Moved by Pinson, seconded by Waters, Resolution No. 11,050 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 11,051, "RESOLUTION THANKING MRS. CORA CARPENTER FOR HER DONATION OF THE AMERICAN FLAG," Moved by Waters, seconded by Pinson, Resolution No. 11,051 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO, 11,052, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING THEREON (La Siesta Way, Assessment District No. 178)." Moved by Pinson, seconded by Camacho, Resolution No..11,052 be adopted. Mayor Morgan asked if this will be set for a public hearing. City Attorney McLean said yes, 16th of May, 1973. Carried by unanimous vote. Absent; Reid. RESOLUTION NO. 11,053, "RESOLUTION AUTHORIZING EXECUTIONN OF AGREEMENT FOR THE CONSTRUCTION OF STAIR AND RETAINING WALL IN CONJUNCTION WITH 1911 ACT." Moved by Waters, seconded by Camacho, Resolution No. 11,053 be adopted. Carried by unanimous vote. Absent: Reid. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Pinson, the ordinance be presented to this Council for first reading by title only, Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 5/8/73, "An Ordinance Appointing the City Manager Health Officer and Designating City Council as Board of Health of the City of National City." ADOPTION OF ORDINANCES Moved by Camacho, seconded by Waters, these ordinances be presented for second reading to the Council bytitle.only. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1360 (52443-.0, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING FOR THE DEFINITIONS APPLICABLE GENERALLY TO ORDINANCES OF THE CITY OF NATIONAL CITY, CALIFORNIA, AND PROVIDING FOR RULES OF CON- STRUCTION FOR THE ORDINANCES OF THE CITY OF NATIONAL CITY, CALIFORNIA." Moved by Pinson, seconded by Camacho, Ordinance No. 1360 be adopted. Carried by unanimous vote, Absent: Reid. 5/8/73 13 ORDINANCE NO. 1361 (54,48w:), "AN ORDINANCE GRANTING A RIGHT OF ENTRY TO AUTHORIZED CITY OFFICIALS FOR THE INSPECTION OF BUILDINGS AND PREMISES FOR THE ENFORCEMENT OF THE PROVISIONS OF THE NATIONAL CITY, CALIFORNIA ORDI4. NANCES." Moved by Camacho, seconded by Pinson, Ordinance No, 1361 be adopted. Councilman Waters asked what right does this give the City officials, City Attorney McLean said he didn't think it really changes anything, it simply clarifies the right of the appropriate City officer to go on private property to inspect that property to ascertain if the property complies with City laws; in the event that a property owner would refuse the City officer's right to enter, we would have to pursue by court order; it is not meant to change anything; we are in the process of revising all of the City laws and we have employed a consultant to assist us in that venture; for the sake of clarity and for the sake of comprehensiveness our editorial consultant has advised us that it would be appropriate to have a comprehensive inspection ordinance so that if we do run into a problem of some City inspector we have not thought about in some other ordinance having the right to go on private property to inspect the law violations; now, if in fact the owner comes out and tells the City people to leave, then they will leave. Councilman Pinson said before a City official even attempts to go into a person's home or even ask to go in a person's home, they will have received a 24 hours written notice, right? Mr, McLean said yes, in the absence of an emergency. Carried by unanimous vote, Absent: Reid, ORDINANCE NO. 1362 (5,k /?9s8), "AN ORDINANCE AMENDING ORDINANCE NO, 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-1-73 for proposed senior citizens apartment building on the Easterly side of "D" Avenue between 13th and 14th Streets)." Moved by Waters, seconded by Camacho, Ordinance No. 1362 be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1363 (5••1.,g3•.4), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-4-73 to rezone 622-644 "B" Avenue (11 units), 610 & 620 "C" Avenue (8 units), 203-223 7th Street (8 units), from C-3>C to R-.4)." Moved by Pinson, seconded by Camacho, Ordinance No. 1363 be adopted, Carried by unanimous vote. Absent: Reid. REPORT OF CITY ATTORNEY . None APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $15,134.08 Traffic Safety 10,272,65 Capital Outlay 10,282.40 Park 1,661.41 Gas Tax No. 2106 11.60 Sewer 325.25 Total $37.687.39 Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Absent: Reid. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $136,058,69 was presented. Moved by Waters, seconded by Pinson, the payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho,, Pinson, Waters, Morgan, Nays: None. Absent: Reid. REFERRALS The CITY MANAGER'S report regarding procedure for the name or changing names of streets stating final responsibility for adopting or changing of street names rests with City Council;, numbers of houses, businesses, etc. 5/8/73 14 are assigntad by the Building Department, was presented. Councilman Waters said one thing that was asked by Mr. Ruben Rubio and we asked that you include this in your report; he believes they wanted to name that alley, are there any alleys named in this City at all. City Manager Osburn said not to his knowledge; alleys are named in the same way a street is; if you want to name it, now you can. There was discussion. Ordered filed by unanimous vote, Absent: Reid. UNFINISHED BUSINESS The report of the DIRECTOR OF BUILDING & HOUSING on cost .estimate for conversion of an imcompleted City -owned triplex to a duplex at 1326-28-30 E. 16th St. stating estimate does not include costs for off -site improve- ments, permit fees, or utility company fees --estimated cost: $13:485.00-- if construction started after 7/30/73, $14,833.50, if performed by con- tractor, $18,541,50; and offer by Leon W. Simms to purchase the unfinished property for $3,500 were presented. Moved by Pinson, seconded by Morgan, that we sell the improvements to the highest bidder for salvage and keep the property. Mayor Morgan said we have been offered $3,500 for this and it is no reflection on Mr. Simms, we are happy to have the offer - it's the biggest offer we have had, but we have a lot 50? x 150= and it is worth more than offered; if we remodel this we have to cut off one; there are already three apartments started there; we would have to cut one down to abide by the ordinance. There was discussion. Councilman Pinson said,in his motion when he said keep the property, he is for getting that thing cleared out; get that old junker out of there because it had been an eye- sore to the City for a long time; if Mr, Simms had or still has a desire to obtain that property, then let him negotiate with the Manager; we can get a fair appraised value on that property and yes, sell it to him; we already have bids and have already been out twice or three times, we have a high bid of $100; that was his motion to use that high bid and let that person salvage that thing and clear it out. There was discussion. Councilman Pinson asked what was the time limit on the bid to clear that off. City Manager Osburn said they had not set any time on it, however, he could negotiate a time. Councilman Pinson said lets write him a strong letter and get that thing off there as soon as possible before we have it back up here again. Councilman Waters said within 30 days. City Manager Osburn said if he wants more than 30 days, he will bring it back to Council. Carried by unanimous vote. Absent: Reid. HEARINGS The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC-6-73 TO REZONE FROM C.-3-PD (LIMITED COMMERCIAL PLANNED DEVELOPMENT) TO R-4-PD (RESIDENTIAL PLANNED DEVELOPMENT), THE C-2-m ZONED PROPERTY ON THE SOUTHERLY SIDE OF THE 3700.- 3800 BLOCKS OF SWEETWATER ROAD AND TO AMEND THE GENERAL PLAN TO CONFORM TO THE ZONING MAP was held at this time. Moved by Pinson, seconded by Waters, this hearing be tabled for 30 days, Councilman Waters said this is at the request of the property owner. Carried by unanimous vote. Absent: Reid. City Attorney McLean said for the sake of clarity, 6/12. Moved by Pinson, seconded by Waters, that it be on June 12 at 8:00 p.m. Carried by unanimous vote. Absent: Reid. The CONTINUED HEARING ON PROPOSED PREZONING, ZC-5-73 (BRADLEY ANNEXATION), TO CONSIDER AN AMENDMENT TO THE OFFICIAL ZONING MAP TO PREZONE TO TOR-PD (TOURIST, COMMERCIAL, RECREATION PLANNED DEVELOPMENT ZONE) CERTAIN PRO- PERTY IN THE UNINCORPORATED AREA OF THE COUNTY PROPOSED FOR ANNEXATION TO NATIONAL CITY ( NORTHEASTERLY CORNER OF THE INTERSECTION OF BINITA ROAD AND BONITA MRSA ROAD, AND EASTERLY OF BONITA MESA ROAD AND SOUTHERLY OF THE BONITA GOLF COURSE) was held at this time, Planning Director Gerschler said the City Council heard this case on April 17, 1973 at which time some of the property owners involved in the zoning request indicated that they wished to build an equestrian park; it was reported to City Council that the National City Zoning Code does not now contain provisions for eques- 5/8/73 15 trian parks; the City Council put this case under submission and asked the Planning Commission to prepare equestrian park zoning regulations for City Council consideration; the Planning Commission set that matter for a hear- ing as required by law, and had a hearing.last night (5/7/73) on new eques.. trian park zoning regulations for National City; they were not able to complete their work on it last night; they continued their hearing until May 21st; after the Planning Commission finishes their study with the equesa trian park zoning, whatever it might be, this will come to the City Council and the City Council will have public hearings on it and be prepared to do whatever they find is appropriate; in the meantime, the property owners in the prezoning case on the agenda tonight have asked that you proceed with their zoning request for TCR-PD zoning; if Council wishes to approve the TCR-PD zoning, that question has to go back to the Planning Commission; the City Attorney may want to comment; the Council at the hearing of the 17th of April did not vote as to whether or not you wished to proceed with TCR. PD zoning; so this is what you have to do now. Mayor Morgan asked if this zoning would include the horse park there. Mr. Gerschler said this could be easily attached to the TCR-PD zoning. Councilman Waters asked why couldn't wea when we bring any land into the City, give it an interim zoning of some sort like R-1 or some little type thing; why couldn't we, in this case, make up a "Q" something and name it equestrian and later on let the Planning Commission set the guidelines, City Attorney McLean said such zoning does not now exist; the State prescribes the procedure you have to follow to create a zone; so, if you want to create such a zone, which is a topic which is now already before the Planning Commission, he can think of no way by which you could proceed more expeditiously except to tell the staff to prepare some sort of interim zoning ordinance and adopt it on an interim basis; he doubts that would save any time. There was discussion. JOSEPH MILCHEN, 3820 Palm Drive, Bonita, (Chairman of the Sweetwater Community Planning Council) was present and said the Sweetwater Community Planning Council Executive Committee elected him to appear with their opposition to the proposed prezoning of TCR-PD. Mr, Milchen said further that this is, within Sweetwater Community Planning Council planning area. Mr. Pinson said the gentleman that owns the property wants to annex to National City and we are a community ourselves, so we would help to develop that particular part of the community ourselves. Mr. Milchen said he can understand the interest in this, but it is within their jurisdictional area right now, There was discussion. MRS, WILLIAM A. SPIES, JR,, a resident of Bonita and Vice President of Sweetwater Valley Civic Association, was present and said their concern regarding Council action on this is related to the future of the Sweetwater Regional Park; the Sweetwater Regional Park is well on it's way of becoming a reality and it isn't a dream anymore; in fact, lands have been acquired and are in process of acquisition from the face of the reservoir down to the east end of the Chula Vista Municipal Golf Course; she feels TCR-PD zoning would jeopardize State funding; TCR- PD permits something more than just an equestrian center and there is no guarantee there wouldn't be requests for a lot of other things besides an equestrian center; Mr. Bradley's plans which were presented the last time they were here indicated a motel and service station, Mayor Morgan said he believes that is what Council intends to do, that is what he intends to do...have horses down there; we want to leave horses in that valley down there,. Mrs. Spies says that is just fine, but TRC-PD zoning doesn't guarantee that and asked Mr. Gerschler if she was right. Mr. Gerschler said yes), that is correct. Mayor Morgan said it would be up to the Council; we would do the planning of this equestrian park. Councilman Waters said there is one thing he wants to make perfectly clear and that is Mr. Bradley should have the right to do whatever he so desires with the property, though it should coincide with the surrounding area; he believes also in protecting the surrounding area so their property is not devaluated: this equestrian park, we need some area for horses and so forth in the City; we have very little room for them; we do owe the people of Bonita some guarantee that it will not remain TCR-PD and if we will do that he will support this annexation 100%, There was discussion. GENE MARTIN, 3751 Putter Place, Bonita, was present and stated he is here as a member of the Board of Directors of the Sweetwater Valley Civic Assoc. & would like 5/8/73 16 to address his remarks to the flood plain problems in the area of Bonita Road and Bonita Mesa Road which borders the Bradley Annexation; over the past two years as he has been in contact with the Axmy Corp. of Engs, the County Flood Control Department, and the State Highway Department; from these contacts he has come to the conclusion that any prezoning for com- mercial tourist development is premature at this time:(1)Mr. Hoffmaster of the County Flood Control Dept, at a public meeting stated the County intends to purchast flood control easement on the end of the flood control channel at I.805 on the west side of the Bonita Golf Course extending into and possibly beyond the Bradley property. Councilman Waters said there would be no concern then about a TCR..PD would it; you couldntt build. Mr, Martin said that is right. Mr. Martin continued, No. (2) the State Highway Department is concerned with the amount of water moving in the Sweetwater River Channel through the Bradley area in that the interchange at the freeway and Bonita Mesa road and Bonita Road would act as a dam against which the water would surge during flooding in this area; in fact he believes a substantial portion of this property will be included in a flood control easement and over the years for agricultural recreational purposes; he points out it does not preclude the equestrian use we have been talking about either in the Regional Park or Mr. Bradleyts current use, There was discussion. Councilman Pinson said, if what he says is true from the County and Army of Engs that this should be flood plain, before anything could be built in there, there has to be an environmental impact report made on this; he is sure this would all come out at that time. 0, E. UNDERWOOD, 46 Minot, Chula Vista, was present and said he is interested because he has property in this proposed prezoning; the people on the hill do not want the people in the valley to develop their property simply because they want to leave it as open space, but they do not care to pay the taxes on it; the estimate cost of the park to precure land was $20-million; he understood the County of San Diego had approximately $480,000 towards that $20-million; he does not feel the Sweetwater Planning Commission represents the majority of the valleyts population. Moved by Pinson, seconded by Camacho, the public hearing on the Proposed Prezoning, ZC-5-73 Bradley Annexation, be closed and prezoned to TCR-PD. Councilman Waters said no way would he like to see it go to that particular zoning and asked the City Attorney how can they correct this when this gets annexed to the City. City Attorney McLean said we told the Planning Commission to make a report on an equestrian park zoning category and when you receive their report then Council can establish such a zone. Mr. Waters asked the City Attorney if they should take any steps here . in relation to this, that when it is annexed to the City no permits are issued before it comes before the Council. City Attorney McLean said there is no possibility of construction on it until the plans are reviewed by the Planning Commission. Where was discussion. Councilman Pinson asked what the hold up was on the zoning in the Planning Commission, where are they hung up on it. Mr. Gerschler said they were given six alternatives last night and he thinks the conversation tonight will make it easier for them to pick one of the alternatives and work on it; the Commission did indicate that they wanted to review the animal regulation ordinance of the City before they act on this, Carried by unanimous vote, Absent: Reid. UNFINISHED BUSINESS (continued) A PLANNING DEPARTMENT transmittal stating the PLANNING COMMISSION recommends that it make no further report to Council on Zone Change Z0-3-73 for pro. perty at 1523 "E" Ave, and 700-702 E. 16th Street (this item was considered at the 4/3/73 Council meetion); Government Code provides that before final action can be taken on a case wherein the Planning Commission recommenda- tion was modified, Council must refer it back to the Planning Commission; Planning Director Gerschler stated after the Council action, property owner at 1523 "E" Ave. submitted a letter showing evidence that substantial plans had already been made for a 4-plex on that site; Council policy pro- vides that in AB 1304 cases, zoning is changed to R-4 only when an apart- ment house exists on a site or when substantial plans have been undertaken, that policy seems to be the issued on this item; also Planning Department memo attached with petition on behalf of zone change to R-4, signed by 10 5/8/73 17 neighbors, including owners of 8 neighboring properties, were presented. JIM GRAHAM, 1512 "E" Ave., was present and said he has one last pleaato think carefully and well before you approve this gentlemen's request. CONNIE CRISTOBAL, 2509 E 2nd St., owner of the property at 1523 "E" Ave., was present and said they purchased the home and lot when it was zoned R-4 with the thought of building units; sometime between that time and now, however, the property was rezoned commercial prohibiting residential units; in the meantime, we had building plans drawn up and entered into a contract to have units built; financing was sought and secured after a great deal of effort and some expense; she and her husband, therefore: ask to have their property rezoned; the house that existed at 1523 "E" Ave. was demolished in preparation for the new building; they have destroyed an income unit, had a loan recorded for the new construction, run up considerable expense with her contractor, borrowed money to pay the existing first and second mortgage on the house that was demolished. Mayor Morgan asked Mr. Gerschler if that was R-4 all of the time or what. Mr. Gerschler said no, as far as he knew, it had been commercial for quite a number of years; about a year ago the Council adopted an ordinance that prohibits new residential in commercial zones; soon after that, we were hit with AB 1301; on his recommendation, the Commission initiated proceedings to either rezone this property or amend the General Plan to make it consistant with commercial zoning; those hearings were initiated last January and the matter has been in and out of hearings ever since; the Commission after a lot of debate recommended to the City Council that this property be zoned R-4 zoning and that the Gen- eral Plan be amended to show high -density residential use which would accommodate the project that the people have in mind. Moved by Camacho: seconded by Waters, that this property be reverted back to R-4, tke..w3ts1,e sheet 1523 "E" Ave, Mr. Gerschler said all that is before you is this piece of property, you closed the hearings on the rest of the street. Councilman Camacho said that is the one he moved. Councilman Waters said the important thing here is right back into spot zoning: the whole street is commercial, there is no way you can build commercial down there; it is very poor zoning; we ought to send this back to the Planning Commission and consider the R zoning. Planning Director Gerschler suggested that the Council attempt to act on this one parcel tonight; and if you wish the rest of the zone to be considered, send that back to the Commission; he urged Council1 if they can1to act on this one piece tonight because these people have been waiting since January. Moved by Camacho, seconded by Waters, to amend the motion for the one piece of property. Councilman Pinson said he can't see that, that is still spot zoning. Mayor Morgan asked Mr. Gerschle: if he ever thought about taking this block or two and say well all of these people get together and build up so much of an area to be one unit instead of building up 50' x 50', Mr. Gerschler said he thinks that sort of thing will be discussed thoroughly in the forthcoming General Plan amendments as one of the solutions to the apartment house question. Councilman Waters said we can direct, after this motion, the City Planner and the Planning Commission to reopen that area and see that it gets zoned properly. Planning Director Gerschler said yes, I urge you to do that; he doesn't think a mistake was made by his office; there was a misunderstandinc there is enough documentation on record to show that Mr. Cristobal was properly informed back to January; what we have run into though is a pro- blem with a policy; it came down from this City Council to the staff and to the Planning Commission about 6 months ago; in the AB1301 cases, we would only try to rezone from commercial only those properties where there were either an existing apartment house or where substantial plans had already been made and money spent on those plans for an apartment house; he had advised Council, in his opinion, they have been. MELCHOR CRISTOBAL: 2509 E. 2nd St., was present and explained and handed Council copies of a petition signed by 14 property owners in the area who do not object to Mr, Cristobal building a 4-unit apartment at 1523 E Ave. and a map indicating where these owners live in relation to the proposed 4-plex. ANN GRAHAM, 1512 "E" Ave., was present and said they already have a traffic problem on 16th St. with the National City Jr. High crossing that street; parking, play areas for children, all of these things have to be taken into consider- ation. Councilman Waters asked Mr. Gerschler if these plans meet 1301 requirements and to explain the requirements for parking and open space. 5/8/73 18 Planning Director Gerschler said the City has an ordinance that regulates the design of apartment houses, the required parking is 111 spaces per dwelling *nit; the plans require a certain amount of yards for open spaces and other facilities; in addition, there is administrative approval of plans called Site Plan Review. There was discussion. Motion failed by the following vote, to -wit: Ayes: Camacho, Waters. Nays: Pinson. Abstaining: Morgan. Absent: Reid. Moved by Camacho, seconded by Morgan, that this be put on the agenda for next Tuesday (5/15/73). Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson. Absent: Reid. A CITY MANAGER memo stating the Police Chief and National City Junior High School PTA Executive Board are in opposition to issuance of an Off -sale beer and wine license at 220..240 E, 18th St, (FAIRMONT FOODS CO.--U-TOTUM Food Market), the Police Chief's recommendation the application be pro- tested and the National City Junior High PTA Executive Board communication stating they were unanimously opposed to the issuance of the license, were presented. Moved by Pinson, seconded by Camacho, this license be protested. GEORGE SHIDLER, 1115 E. 6th St., was present and said he is representing Mrs, Ruth Schmidt; at Mrs, Schmidt's request he is asking Council's con. sideration of the plans to put a first-class convenience food market on this location; part of this proposal does entail the fact that these people have an off -sale beer and wine license. LAWRENCE WASSERMAN, 8647 Navahoe Rd., San Diego, Attorney representing Fairmont Foods Co., was present and explained the history of the establishment of Fairmont Foods, displayed floor plans of the proposed U-Totum Food Market in National City and photo- graphs of the present U-Totum Food Market in Chula Vista. Mr. Wasserman stated in this particular matter they are concerned with a State applica- tion for a license for the Alcoholic Beverage Control; there is a State procedure for a hearing in this matter; it isn't set for a hearing at pre- sent, but it will be shortly, especially in the event there is a protest; he asked Council to reconsider their finding of this thing. There was further explaining of the displays,etc. Councilman Waters asked if this would be the packaged kind of beveragelike a six pack of beer or a bottle of wine; this is why you are applying for the beer & wine license; it is just like going in and buying any other item in that grocery store. Mr. Wasserman said they have put in five hours of effort and circulated a petition in the area which states "in my opinion convience market selling beer and wine at the southwest corner of 18th and "C" Ave. will not result in an undo concentration of liquor licenses and will serve the public convience and necessity by providing added services and competition in that area where it is needed"; they obtained 120 signatures in the area; actually this was more prepared for ABC hearing rather than for this particular hearing; they intend to circulate more. Councilman Camacho asked how far will this building be from the church and the school. Planning Director Gerschler said he really had not reviewed this; it is an ABC law and he is not familiar with it. City Attorncy McLean said the school board will be notified and if they want to protest they can, Councilman Waters said it appears when this originally came up, some people may have been led to believe that this was going to be some type of beer joint over there; don't believe some of them got the right word that this will be a regular grocery store; every grocery store here in the City just aboutselis packaged good4 he wanted the record to show that he has never talked with any of these gentlemen; nothing in this for him one way or the other, other than being fair. MRRSACHARLES HOWREY, 305 "J" Ave., President, National City Jr. High Schoo , was present and said when the PTA became aware of the off -sale beer and wine liquor license she will admit they did not realize this was going to be a U-Totum store; however, today they did have another meeting; Mr. Ron Channey, Regional Manager for U--Totum, was there and showed them the pictures, and this matter was discussed further; again after today, after the Board saw the pictures and heard Mr. Chinney speak„ they voted to go by their previous position; their stand is still the same: to oppose the liquor license; she checked with the ABC and she was told the distance is 300', the school is 335'; when she speaks in terms of we, she is speaking on behalf of the PTA Executive Board; we have a 5/8/73 19 unit meeting which is open to all members, parents, teachers, but that meeting will be May 22, a Tuesday night; in the meeting we will bring this up before the entire unit; if you were to postpone your meeting tonight until we have our unit meeting, at that time we could let you know how the unit as a unit feels, not just as a Board. Moved by Pinson, seconded by Waters, that we table this until after the regularly scheduled Council meeting after May 22, City Attorney McLean said the only problem is there is the 30 day time limit to file a protest. Councilman Pinson said if they want to settle it tonight, with permission of second, he will withdraw his motion to table. Councilman Pinson withdrew his motion to table; Council- man Waters, who seconded the motion, was in agreement. Carried by unanimous vote. Absent: Reid, NEW BUSINESS Consent Calendar Items: (la) City Manager's memo stating Resolutions 55-R5 and 57-T15, relating to discharge of sewer and/or industrial wastes from sources within National City into San Diego Bay, were rescinded and with the advent of the Metropolitan Sewer System, they are no longer necessary; (lb) Items to be filed with the City Clerk: (a) Letter from Calif. Regional Water Quality Control Board, 6154 Mission Gorge Rd., Suite 205, San Diego, dated 4/30/73, Subject: Discharge of Wastes into San Diego Bay, enclosing a copy of Order No. 73-12 which rescinds requirements relating to waste discharge., (b) Cert. of Ins. from Barney and Barney, llth Floor, 1010 2nd Ave., San Diego, covering John Hansen Materials & Housemoving, Inc. &/or John Hansen Construction Co., Inc., 1489 Island Ave., San Diego, Policy Nos. CB 607-0456 and 112486., (c) Cert. of Ins, from Morris H. Kaliff & Son, San Antonio, Texas, covering Christiansen Amusements Corp., 2319 June Way, San Bernardino, and National City Serviceman's Center, Montgomery Ward, City of National City, Policy Nos. GA 36 04 70 and XEL 002569.; (lc) City Clerk;s communication regarding Local Agency Formation Commission resolution. approving Playground Annexation to the City of National City; (ld) City Clerk's communication regarding elected and appointed officials of City of Coronado; (le) City Clerk's communication regarding amendment to resolution of Local Agency Formation Commission Approving A Proposed Transfer of Territory from the City of Chula Vista to the City of National City (Koenig Corp. Transfer of Territory); (1f) City Clerk's communication regarding notice from Dept. of the Army, Corps of Engineers, stating application has been made by Dept. of the Navy, Western Div. for a permit to perform main- tenance dredging at the Naval Amphibious Base, Coronado; (lg) City Clerk's communication regarding notice from Dept. of the Army, Western Division, for permit to perform maintenance dredging at Pier J-K, Naval Air Station, North Island. Moved by Pinson, seconded by Camacho, that the consent calendar be approved. Carried by unanimous vote. Absent: Reid, A CITY OF SAN DIEGO RESOLUTION urging other entities to join them in attempting to combat inflationary spiral in connection with employee salarie and benefits and copies of letter from San Diego City Clerk and Council Policy No, 300-1, were presented. Ordered filed by unanimous vote. Absent: Reid. The CITY MANAGER'S recommendation they be authorized to negotiate for small portion of property used in cul-de-sac at 14th and "Q" Ave., a deed to this property was acquired from the developer, but the County records show it i3 in the possession of Mrs. Peggy Santiago, a notice from the County Assessor states this property will be deeded to the state and a memo from the City Engineer stating the vestee of the subject property is Peggie Marie Santiago, it would seem the only method of obtaining this parcel for street purposes would be through Ms. Santiago and they could do this either through her granting to the City for street purposes or through condemnation pro- ceedings; communications from County Tax Collector and plat of area, were presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. Councilman Waters asked when we accepted this deed from Starfire Homes was there anything that the City gave in return for this deed; did we allow them to do certain things if he would deed 5/8/73 20 certain property over. City Manager Osburn said no, this is a straight dedication for the street. Carried by unanimous vote. Absent: Reid, The CITY MANAGER'S recommendation the City incorporate certain procedure into all City contracts that fall under Section 1777.5 of the labor code; requiring an awarding agency whose public works contract falls within jurisdiction of Sec. 1777.5 to, within 5 days of award, send copy of award to Div. of Appreticeship Standards; communication from Div. of Appren- ticeship Standards„ Excerpts from Calif. Labor Code and copy of DAS Form 13, were presented. Moved by Waters, seconded by Camacho, in favor ofthe City Managerts recommendation. Carried by unanimous vote. Absent: Reid. The CITY MANAGER'S recommendation regarding LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated April 27, 1973, was presented. Moved by Morgan, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Reid. The request by AMIGOS DE LAS AMERICAS, San Diego Chapter, to hold garage sale in National City, June 2-3, was presented. Moved by Waters, seconded by Camacho, in favor of Amigos De Las Americas, San Diego Chapter to hold a rummage sale. Carried by unanimous vote. Absent: Reid The request of POLICE CHIEF that JUNIOR TRAFFIC PATROL members be allowed free swim privileges at Municipal Pool for 1973 summer season, was present- ed. Moved by Waters, seconded by Camacho, in favor of the Police Chief s recommendation. Carried by unanimous vote. Absent: Reid. The suggestions by HAZEL E. VOGEL, 1830 E. llth St., to relieve conges- tion on Palm Ave, between 8th and 12th were presented. Ordered filed by unanimous vote. Absent: Reid. The request by RELIANCE STEEL & ALUMINUM CO. for return of $3,000 deposit; cash deposit served as a performance bond guaranteeing closing of 21st St. and City Manager's memo to various City depts. asking the depts. to indicate if all items concerned have been completed, and if so, he would recommend the return of the bond, were presented. Moved by Camacho, seconded by Pinson, this deposit be refunded to the Reliance Steel and Aluminum Co. Carried by unanimous vote. Absent: Reid. Step increases for eligible employees, approved by City Manager and Depart- ment Heads for MARSHA D. CARSON and MARTHA GRAFFTON, City Manager's Office; THOMAS BOHLER and ISAAC HOLLIS, Fire Dept.; MARK D. JONES and JOEL SIEGFRIE Library, were presented. Moved by Waters, seconded by Camacho, in favor of the City Manager's and Dept. Heads request on step increases. Carried by unanimous vote. Absent: Reid. The CITY MANAGER'S recommendation they be authorized to contact SOUTHERN CALIFORIA TESTING LABOKATORY, INC. to perform various functions for the Public Works Center, a rough guess of the cost of these services would be $2,500 to $5,000, was presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. Absent: Reid. MORGAN The recommendation by MAYOR/that City Manager be given full authority in preparation of the agenda and that copies of all resolutions, ordinances, and all communications and back-up material contained in the City Clerk's report be eliminated from the agenda was presented. Moved by Camacho, seconded by Morgan, this item be tabled until next week. Councilman Waters said it doesn't make any difference to him what the other members of the Council want, but he needs this information; as far as he is concern ed his agenda can stay the same. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson. Absent: Reid, The CITY MANAGER'S memo stating LAFCO has recommended that the County Counsel prepare a resolution annexing 2.21 acres, SW corner of 30th St. 5/8/73 21 and Highland Ave., to the City of National City; area is to be detached from the County Flood Control District and the City of National City is to waive claim to any portion or amount of the assets of the Lower Sweet- water Fire Protection District that might be due, basically this section states that the City waive rights to any taxes that the District would receive this year, was presented. City Manager Osburn said it is a new change in the State law that says where a low assessed value district would hurt their assessment, it would hurt their tax rate; they would be allowed to keep tax for that year and we would get the taxes on that from now on. Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation. Carried by unanimous vote. Absent: Reid. The five recommendations by CITIZENS ADVISORY COMMITTEE FOR COMMUNITY IMPROVEMENT relative to Community -Wide Clean -Up Program was presented. Moved by Waters, seconded by Camacho, in favor of the five recommendations of the Citizens Advisory Committee and that we authorize the $500 for the initial clean-up. Carried by unanimous vote. Absent: Reid. REPORTS CITY MANAGER OSBURN reported the League of California Cities are in the process of putting together what they call an "action plan" and they want the support of the Cities in attempting to get legislation in fields that reflect more of the attitude of the Cities than it has in the past; (1)is social responsibilties of cities, (2) the environmental control and land use authority, (3) public service employee relations, and (4) an adequate and equitable revenue base; the Councy asks every city official of the State of California to support this action plan by the League and the legislation would be written in to be more of the liking of the cities., Moved by Morgan, seconded by Pinson, That we authorize our delegate to vote in favor of leaving the social.responsibilities to the County of San Diego and the environmental control and land use authority in the hands of City and the public service employee relations in the hands of the City and an adequate revenue sharing appropriated by the State given to the City. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Waters. Absent: Reid. CITY MANAGER OSBURN requests permission to hire Mr. Ron Enz in the Planning Dept, to complete our Open Space Element of the General Plan for a period not to exceed 90 days and this plan has to be completed by June 30. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommenda- tion. Carried by unanimous vote. Absent: Reid. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he cannot understand why the Council, or some of the members of this Council, wants to supress information from other members of this Council on this agenda; you have everything in chronological or4er on this agenda and he can thumb through it on any item he wants to for a quick reference; he for one likes this handy reference; he likes to be able to study the agenda, he wants to know what he is voting on when he votes. There was discussion. COUNCILMAN PINSON said to the City Manage; several months ago, he asked him to stop the dumping of trash behind Kimball School; he was over there at the request of a member of the school board and also the Principal of Kimball School and he saw where they had been dumping trash and material; we have a problem; the kids play in the Paradise Creek drain water; there is sewage water running out in that area behind that school. Moved by Morgan, seconded by Waters, that the City Manager and City Engineer be authorized to look into this problem. Carried by unanimous vote, Absent: Reid. COUNCILMAN WATERS said he has a request from the Boys' Club that they be 5/8/73 22 allowed to go across the street in the open City property to let the kids grow some "victory" gardens for the year; he would like to refer this item to the City Manager and let him bring a report back to Council. MAYOR MORGAN asked the City Manager about the towing contractor; do we have the National City people on call. City Manager Osburn said no, we are not authorized to do that; however, we have the Moynahan Towing Co. under con- tract and if for any reason he is using all of his rigs, Mr. Winston and then American Towing would be called. MAYOR MORGAN called an Executive Session at 9:58 p.m. The meeting was called back to order by Mayor Morgan at 10:14 p.m. ROTJ CALL Council members present: Camacho, Pinson, Waters, Morgan. Absent: Reid. ORAL COMMUNICATIONS continued PASTOR J. FRANK MORALES, Iglesia Apostolica Church, 537 "G", was present and said he has a bill for a license to sell candy apples and popcorn at the Maytime Band Review; his Church is establiched here in National City and a non-profit organization; the proceeds are to be used for a trip to some Bible Classes and also for their Choir. Moved by Pinson, seconded by Waters, the license fee be waived. Carried by unanimous vote. Absent: Reid. Moved by Camacho, seconded by Pinson, the meeting be closed. Carried by unanimous vote. Absent: Reid. The meeting closed at 10:15 p.m. Po3ty Clerk City of National City, California By: ty City Clerk The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of May 15, 1973. F—I No corrections t---1 Corrections as noted below MayorNational City, Californi 5/8/73