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HomeMy WebLinkAbout1973 06-19 CC MIN63 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 19, 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: Camachos Pinson, Reid, Waters, Morgan. Absent: None. 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 with invocation by Dr. M. 0, Garner, Calvary Baptist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meeting of June 12, 1973, be approved, Carried by unanimous vote, PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read the Mayor's proposed proclamation of "FRANK E. RICE DAY," June 30, 1973. Moved by Camacho, seconded by Reid, in favor of the Mayor's proposed proclamation. Carried by unanimous vote, ORAL COMMUNICATIONS . None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be resented to Council by title only, Carried by unanimous vote, RESOLUTION NO. 11,076, "RESOLUTION APPROVING LOCATION AND PLANS OF A SECOND STORY ADDITION TO EXISTING SINGLE FAMILY DWELLING TO BE CONSTRUCTED IN THE R-1-S»1 ZONE*" Moved by Waters„ seconded by Reid, Resolution No* 11,076 be adopted„ Carried by unanimous vote. RESOLUTION NO, 11,077, "A RESOLUTION APPROVING GENERAL PLAN MAP 1985 AMENDED TO INCORPORATE ALL PREVIOUSLY APPROVED CHANGES." Moved by Camacho, seconded by Reid, Resolution No. 11,077 be adopted. Carried by unanimous vote* RESOLUTION NO. 11,078, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (ADDITION TO MEMORIAL BOWL, xIMBALL PARK, SPECIFICATION NO, 776)." City Engineer's recommendation the improvements be accepted was presented, Moved by Pinson, seconded by Camacho„ Resolution No, 11,078 be adopted. There was discussion. Carried by unanimous vote, RESOLUTION NO. 11,079, "RESOLUTION ACCEPTING BID FOR DEMOLITION OF TWO RESIDENTIAL STRUCTURES LOCATED AT 1521 AND 15211 AC' AVENUE." Moved by Pinson, seconded by Reid, Resolution No . 11,079 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,080, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ' KEEGAN , ET AL ANNEXATION' AND GIVING NOTICE OP TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Reid, seconded by Pinson, Reso.. lution No,, 11,080 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,081, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (l0th Street, llth Street, 12th Street, 'R' Avenue,, Paradise Drive and Palm Avenue, Assessment District No, 161)." Moved by 6/19/73 64 Waters, seconded by Reid, Resolution No. 11,081 be adopted, Carried by unanimous vote. RESOLUTION NO. 11,082, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (loth Street, llth Street, 12th Street, IR' Avenue, Paradise Drive and Palm Avenue: Assessment District No. 161)," Moved by Waters, seconded by Reid„ Resolutior No, 11,2082 be adopted* Carried by unanimous vote. RESOLUTION NO, 11,083, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 19311 (10th Street, llth Street, 12th Street, 'RI Avenue, Paradise Drive and Palm Avenue, Assessment District No. 161 ), " Moved by Camacho, seconded by Reid, Resolution No, 114.083 be adopted* Carried by unanimous vote-, RESOLUTION NO* 11,084, 'RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (loth Street, llth Street, 12th Street, IR1 Avenue, Paradise Drive and Palm Avenue, Assessment District No. 161)." Moved by Reid, seconded by Pinson, Resolution No. 11,084 be adopted, Carried by unanimous vote„ RESOLUTION NO, 11,085, "RESOLUTION APPROVING EXECUTION OF CONTRACT FOR CONSULTANT SERVICES FOR UPDATE OF NATIONAL CITY GENERAL PLAN." Moved by Pinson, seconded by Reid, Resolution No. 11085 be adopted* There was discussion. Carried by the following vote, to.wit : Ayes: Camacho, Pinson, Reid, Morgan* Nays: Waters* HEARINGS The CONTINUED HEARING ON PROPOSED ANNEXATION to the City of National City of uninhabited territory designated "LEWIS ANNEXATION" was held at this time* The Planning Department's memo regarding Wellington protest of Lewis Annexa. tion and stating pursuant to section 35313 of the Government Code, no further proceedings may be taken to annex this are at h' t' e e City Attorney McLean said Council should terminate th prooceeding* Movedd� by Camacho, seconded by Reid, in favor of the City Attorney xs recommendation to _terminate this groceedinc-, City Attorney McLean suggested directing the iwr• �rw rr�rri��r Planning Department to pursue a smaller annexation of a portion of that property. Carried by unanimous vote. Moved by Waters, seconded by Camacho, to drect the Planning Department to go through the regular routine of annexation in regards to the Lewis Annexation. Carried by unanimous vote,. The CONTINUED HEARING ON 1911 ACT IMPROVEMENT,, LA SIESTA WAY, ASSESSMENT DISTRICT NO. 178, was held at this time* City Clerk Campbell stated the Certificate of Publication, the City Clerk's Affidavit of Mailing Notice of Hearing on Assessment, the Affidavit of Posting Notice of Filing Assessment and Fixing Time of Hearing thereon are on file and two protests were received from Mr, Barney J. P. Watson„ 2140 Granger Ave*, and Mr, Raymond Lemen, 2120 Granger Avenue. Mayor Morgan said there is a tabled motion; Council went through the public hearing last week* City Attorney McLean said„ as he understands this (he was not present) the motion to confirm the assessment was tabled; you can either have a further report from Mr., Onley (and he is ready to make a report concerning some of the questions asked by the Council) or you can move to bring the tabled motion back to the floor.* Mayor Morgan asked Mr. Reid if he has questions on this, Councilman .Reid inquired about the problems that kept him from voting for the Street; he was out there today and it appeared to have been taken care of; he is ready to vote. ROBERT E, ONLEY, Assessment Engineer for the City, was present and reported on the questions brought up last week in regard to the paving of the streets,. the holes in the streets and the apparent loss of asphalt in some spots, Mr, Onley said they went out with the contractor and looked over the project again and he made a list of things they wanted the contractor to square off before we came back to the hearing; the two conditions that were worst were: (1) apparently some solvent, such as gas, leaked out of a car and leached out all of the asphalt and that left a spot with no asphalt surface, and (2) there was a spot where apparently someone parked an automobile with power steering and turned the wheels back and forth and ground out the paving he checked this section tonight at 6:30 and it appeared that everything they 6/19/73 65 did on Monday to correct the situations is still intact; the street is not as good as they would like it to be, but when there is construction on the street, there is going to be dirt on the street; when there are boys learn- ing to work on automobiles, you can't help but have some of these oil spots; he is not condemning the boys working on automobiles; it appears there have been boys testing their cars, their brakes, starting cars on the streets which causes the scuff marks; this generally is what Mr. Read was referring to; he was aware of it; he thought it had been taken care of. City Attorney McLean asked if the structural defects have been corrected. Mr. Onley said they had, City Attorney McLean asked if the work has been done according to specifications that were approved by the Council upon initiation of Assessment District No, 178, Mr. Onley said yes., No one was present in this regard, Moved by Camacho, seconded by Pinson, the tabled motion be brought back to the floor, Carried by unanimous vote, City Clerk Campbell read the tabled motion: (Moved by Waters, seconded by Camacho) "that the ublic hearin be closed and all sti ulations of staff be adhered to and assessment be confirmed,' Carried by unanimous vote, ..,.,.. The HEARING ON PROPOSED AMENDMENT TO THE NATIONAL CITY ZONING CODE (Ordinance No, 962, as amended by Ordinance No. 1315) to provide specific criteria for the regulation and maintenance of flags, banners, and bunting was held at this time. The Planning Director's memo stating the proposal seems to answer several problems with "flags and banners" part of Sign Ordinance No, 1315 was presented, City Clerk Campbell stated Certificate of Publication and City Clerk's Affidavit of Mailing Notice were on file, Planning Directox Gerschler said about 3 months ago, the Planning Commission was asked to make an interpretation of the sign code revision regarding the type of signs, flags, banners and bunting; the Commission, after hearing and study, thought it was beyond the scope of an interpretation and instead treated it as a possible code amendment; they went through the public hearing process, after giving notice, consulting with people affected by this hearing testimony and reading staff reports; the matter before Council tonight, is the Plan- ning Commission's unanimous recommendation for the amendment of the code; he thinks, in general the amendment is to clarify the language of the original sign ordinance 1315 although they are a little bit more restrictive than the original code; these were apparently accepted by the people who raised the original issue, the local businessmen; they seem to be satisfied with it; the proposal is in keeping with the recommendation you received from the Chamber of Commerce; he did not recall any opposition, No one was present in this regard, Moved by Waters, seconded by Pinson, the public hearin,;c on the proposed amendment of Ordinance 962z Ordinance 1315 and all stipulations of Staff be adhered to and approved, Carried by unanimous vote: ADOPTION OF ORDINANCES Moved by Camacho, seconded by Waters, the ordinance be presented to Council for second reading by title only, There was discussion, Carried by unanimous vote, ORDINANCE NO, 1369 (62,L7 a) , "AN ORDINANCE AMENDING ORDINANCE 1069 ESTAB�. LISHING SEWER SERVICE CHARGES AND RESCINDING ORDINANCE 1244," Moved by Camacho, seconded by Reid, Ordinance No, 1369 be adopted. Carried by the following vote, to -.wit: Ayes: Camacho, Reid, Morgan, Nays: Pinson, Waters .EPORT OF CITY ATTORNEY - None, APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Park Retirement Gas Tax No. 2106 Park & Rec, Capital Outlay Sewer Total $ 8,858.14 1,017,00 12.33 12,973,68 32.64 20,25 30.39 $ 221944 ,43 6/19/73 66 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,. PAYROLL AUDITED BY THE FINANCE COMMITTEE for the period ending June 15, 1973, in the amount of $121,728.27 was presented. Moved by Reid, seconded by Camacho, the payroll be paid. Carried by the following vote, to .wit : Ayes: Camacho,, Pinson, Reid, :tern,, Morgan, Nays: None, NEW BUSINESS Consent Calendar Items: (Items on the Consent Calendar are considered to be routine) (a) Director of Parks and Recreation's memo reporting Pony League Regional Tournament will, be from 8/1/73 through 8/5/73 at Hart Field Kimball Park and Regional Tournament is scheduled for 8/8/73 through 8/12/73) (b) City Clerk's memo reporting receipt of: Report from the County of San Diego, Public Works Agency, of their Building Permit Summary as of 5/31/73, Communication from Richard J. Huff,, Executive Director, Comprehensive Planning Organization transmitting a copy of the Operations Manual, of the CPO which is on file in the City Clerk's office; (c) City Managers recommen- dation minutes of 6/6/73 meeting of the Library Board of Trustees be approved and filed and the minutes of said meeting; (d) Communication from the City Manager re items to be filed with the City Clerk: (1,. Letter from San Diego County Water Authority, dated June 4, 1973, enclosing tabulations showing quantity of water stored in San Vicente Reservoir as of 5/31/73 and average monthly water delieveries in cfs to member agencies 1972-73; 2* Notice of Cancellation from Laseter Insurance Agency, San Diego, catering American Towing, Inc.,, 1730 Cleveland Ave., Policy No, 30GLA58942,, effective 6/10/73; 3, Financial Report of the Sweetwater Authority for the period August 1972 through April 1973; (e) Correspondence from City of San Diego regarding Airport Location; (f) National City Pony League's letter of thanks for approval of request for purchase of inside cover of Tournament Book were presented, Ordered filed by unanimous vote. The CITY MANAGER'S recommendations regarding the LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN„ dated June 8, 1973 were presented. Moved by Morgan, seconded by Camacho, the Manager's recommendations be approved (except) any vote that was taken last week contrary to this motion (motor vehicle license increase) (Amended motion). Councilman Waters said the City Manager made no recommendation on the question of the general election, the proposal to move municipal general election from April up to June in each even -numbered year and require that it be consolidated with the direct primary election* Motion carried by unanimous vote. Moved by Waters, seconded by Camacho, AB 996 (consolidation of municipal general election with direct primary) that was proposed by Meade that Council oppose that change_. Carried by unanimous vote, A communication from the City Manager, CITY OF SAN DIEGO, suggesting each City in San Diego County adopt an ordinance turning taxicab driver licensing function over to County Sheriff (City of San Diego adopted similar Ordinance May 10, 1973 to eliminate drivers having to obtain separate licenses and duplication of time and expense) was presented. Moved by Camacho, seconded by Reid, in favor of this ordinance turning over to the County Sheriff the licensing of taxicab drivers. There was discussion. Carried by the follow- ing vote,, to. -wit : Ayes: Camacho, Reid, Waters, Morgan, Nays: Pinson. The CITY MANAGER'S communication of explanation of the Bo d of Supervisor's Resolution in support of AB 1409 and AB 1410 Department of Water Resources for specified flood control projects and the Resolution were presented, Moved by Reid, seconded by Camacho, in favor of the City Manager's rec ommen.. datiionn. Carried by unanimous vote. ' The TENNIS SUPERVISOR IS (EL TOYON PARK) proposal for combined use of City Recreation property and supervision of recreational activities at El Toyon Tennis Courts and memo from Director of Parks and Recreation Department stating his counter proposal and requesting that City enter into this agree- ment as stated in memo were presented. Moved by Pinson, seconded by Reid,. 6/19/'73 67 that this be denied for this gentleman to conduct these activities; the City can hire this man if the City needs him; we do not nee private enterprise on City property. Carried by the following vote, to' wit: Ayes: Pinson, Reid,Waters. Nays: Camacho,, Morgan, A request from ATTORNEY JACK BRADSHAW (representing Fred Scott, 1420 Sheryl Lane, National City) that matter of encroachment of his client's apartment units on adjacent City owned property be resolved was presented. RON LOGSDON 305 E. 26th St., was present and said a new plot plan had been submitted, a plan which will require at least 15 ft. of City land; the apartments are now sitting on 7 ft. of City land and need 15 to bring in adequate parking facil- ities, Mr. Logsdon said they are nice units; they have been sitting there 3 months; no taxes are being paid; everything comes to specifications if they can get the 15 ft.; they were willing to offer something, Mr, Logsdon displayed the plot plan and pointed out the location of the building, the parking facilities, etc. Mr. Logsdon said the City would have just as much land left as theyhad before because when they went in there, theyleveled it out and put fill in there; they actually extended the land more than the 15 ft.; they were not taking anything from you that they have not given you back; it is still City land, City Manager Osburn said Mr* Scott requested sometime ago to buy the vacant land in there and the City Engineer recom mended against it because the ditch goes underground there and if we have to get to that pipe to make repairs, we will need some place to work from; this was the purpose for keeping this section of land in there. Planning Directox Gerschler said he has not looked at this new plan at all; he is not prepared to comment on it tonight. Mayor Morgan asked the Manager if he could go out there and put some stakes there where the Council could look at this; he would like to look at it too. There was discussion, Mr. Logsdon said they went by City stakes and alleged they were placed by the City surveyor (rho is now deceased ) at his (Logsdon's) request. There was discussion. Moved by Reid, seconded by haters, this be laid over for one week for a report from all City Staff concerned and he wants to do some research on his own. There was further discussion, Planning Director Gerschler said if the buildingcannot be made to comply with Code, he would have to tear it down or move it; a statement was made which should be clarified for the record; "if he (Mr. Scott) were able to acquire this 15 ft. from the City, he could make the project conform;" the previous written correspondence the Planning Director has had with Mr* Scott and with his attorney, Mr. Bradshaw, is contrary to that; this project could not conform to all the zoning violations that now exist without obtaining a variance on at least one of the seven violations identified by the Planning Department. Carried by unanimous vote, Mayor Morgan requested a complete report on this from the City Engineer. A communication from the Mayor, CITY OF ARCADIA, stating opposition to AB 1324 which prohibits municipalities from limiting or restricting racing days and dates of horse racing meetings and asking the City' support on this issue was presented. Moved by Waters, seconded by Reid, this item be filed. There was discussion, City Attorney McLean said Arcadia is asking Council to join them in opposing this bill which they say is a threat to local control. Moved by Reid, seconded by Morgan, to amend the motion in favor of Arcadia's request. Amendment to the motion carried by the follow- ing vote: to..wit : Ayes: Pinson,Read, rpaters„ Morgan, Nays: Camacho. Original motion carried by unanimous vote. An application for ON -SALE GENERAL PUBLIC PREMISES LICENSE by JAMES C. SOTHRA TROPHY LOUNGE, 999 National Ave., and the Police Chief's letter stating this would be a change from their current On -Sale General, Bonafide Eating Place License to On -Sale General, Public Premises License and that "Notice of Intent" was found to be properly posted, werepresented. Moved by Waters, seconded by Camacho, in favor of the application for On -Sale General, Public Premises License at 999 National Ave. Carried by the following vote, t o-wit : Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan, REPORTS CITY MANAGER .► None. 6/19/73 68 A transmittal from the Planning Department stating the Planning Commissionts recommendations in regard to the proposed PREZONING for the proposed BRADLEY ANNEXATION (NE corner of the intersection of Bonita Mesa Road, and easterly of Bonita Mesa Road and southerly of the Bonita Golf Course) to TCR-FD (Tourist„ Commercials Recreation Planned Development Zone) : (1) be set for public hearing before the Planning Commission on the matter of equestrian park zoning on July 23 with alternative approaches, details, and conditions and that the proposed animal ordinance be part of the hearing and (2) that this action be reported to the City Council along with the Planning Com- missionts request for extension of the 40-day limit on TCR••PD prezoning until after the July 23 hearing, was presented, Planning Director `Gerschler said the City Council had a public hearing on the prezoning to TCR••PD, the Council can proceed with this prezoning when the 40-day time period expires; annexation has not yet been started. Moved by Morgan, seconded by Waters, that at this time we proceed with the annexation and authorize the City Planner to prepare all papers pertaining to this prezoning and annexation* City Attorney McLean inquired if it was the intent of the motion to impose the pending TCR.,PD zoning and not wait for the Planning Commission hearing Both Mayor Morgan and Councilman Waters agreed that was the intent* Plan- ning Director Gerschler stated all that is being acted on tonight is the prezoning to TCR«.PD. There was discussion. Motion carried by unanimous vote. A transmittal from the Planning Department stating the Planning Commissionts recommendation in regard to a proposed ANIMAL CONTROL ORDINANCE: "that we transmit to the City Council the ordinance as shown here and the materials from the Humane Society and ask them to adopt this" was presented, Ordered filed by unanimous vote, A transmittal from the Planning Department stating the Planning Commission referred the matter of the use of property at the Northwesterly corner of 24th Street and Newell Avenue for "...some guidance in regards to the Ci ty zs acquiring this property as a park" was presented. Planning Director Gerschlee explained the subject property is zoned R-4 (Multiple Family Residence) and is shown on the General Plan as a Park (according to the Compatibility Matrix this is appropriate zoning; a park is a permissible use in R..4 Zone); the owners of the property have indicated they may build apartments on the property and have been advised by staff that plans for such a project at that location could not get Site Plan Approval because the General Plan shows that land for Park use. Mr. Gerschler stated that probably the City Attorney would advise that denial of the use of the land could be justified only if the City was seriously negotiating to acquire the site; if the Council does not indicate a desire to acquire the property for park purposes, the Planninc Commission will probably initiate a General Plan amendment to show "multiple family residentialft in addition to the existing "community park" designa- tion; if Council files this, Planning Commission will proceed. Ordered filed by unanimous vote. A Planning Department transmittal stating the Planning Commission recommender that the APPLICATION FOR DEFERRAL OF SIDEWALK INSTALLATION at 2734 E. 15th St, (Joe R. Bland) be denied was presented. Planning Director Gerschler stated the Planning Commission was apparently unable to find reasonable justification for granting deferral. Moved by Pinson, seconded by Waters, in favor of the Planning Commissionts recommendation that this be denied. Carried by unanimous vote. JOB R. BLAND, 2734 E. 15th St., was present and requested permission to speak on the matter; he described the neighborhood stating that out of approximately 20 residences only four have curbs, there are no other sidewalks; he requested only deferral of the work, not exemp- t ian. There was discussion. Moved by Morgan, seconded by Reid, that the Planning Commission recommendation in regard to the application for deferral of sidewalk at 2734 E. 15th St. be put on the agenda for next week. There was further discussion. Carried by unanimous vote. COUNCIL COMMUNICATIONS MAYOR MORGAN spoke in regard to family day care homes where there is a $15 fee 6/19/73 69 for license and home occupation permit $3.00; no other city in San Diego County makes similar charges; these women take these kids at 500 an hour; there is a maximum of 6 kids including those in the family; there is little profit with this occupation permit; the County of San Diego oversees this and they will not give a permit unless a Fire Department inspection shows it is safe and proper for them to have these children; they are asking that we eliminate the home occupation permit, $3.00, and the business license, $15.00. Moved by Morgan, seconded by Pinson, that we change the ordinance or pre are the erwork to eliminate the business license of $15 and the home occupation permit of 3 from the Day Care Centers in the City of National Citx. There was discussion. RITA SALVO (?) , 2455 Rancho Dr . , San Diego, was present and said the State licenses the "day care mothers" but the County is responsible for licensing; each day care mother is in charge of her own home; if you want to take care of....a child you have to be license, by the State of California; the County Welfare Department licenses them. Mrs. Salvo said each "mother" provided food and transportation, sometimes they provide medical expenses like baby aspirin, etc.; this comes out of the 500 an hour. There was further discussion.. City Attorney McLean said..e they are still going to have to get the home occupation permit approved by the Planning Commission because there are a whole slew of regulations on zoning they will have to comply with. Planning Director Gerschler said zoning, building and fire; the National City Fire Department .... City Attorney McLean said there will be the same inspections as before; you are Just not going to collect any money for it. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed* Carried by unanimous vote. The meeting closed at 9:05 p.m. ty Cle City of Na onal City, California The foregoing minutes were approved by the City Couticil of the City of National City at the regular meeting of June 26, 1973. No Corrections 0 Corrections as noted below Mayor, CI y National City, California 6/19/73