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HomeMy WebLinkAbout1973 08-21 CC MIN131 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 21, 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, 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 the Rev. Dr. Leroy C. Westbrook, First Baptist Church. APPROVAL OF M I NUT ES Moved by Pinson, seconded by Camacho, minutes of the regular meeting of august 14, 1973,_ be approved. Carried by unanimous vote. PRES ENTATI ONS AND PROCLAMATIONS «. None. ORAL COMMUNICATIONS .. None,. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,156, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF SIDEWALK AT 2119 "B" AVENUE (Agnes D, Olson)." Moved by Waters, seconded by Reid, Resolution No. 11,156 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY . None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Park Gas Tax No. 2106 Trust and Agency Revenue Sharing $10,199.02 4.57 15,51 10,041.29 4,448.81 142,80 Total $24, 852.00 Moved by Waters, seconded by Camacho, 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 8/15/73 in the amount of $12 3, 725.05 was presented. Moved by Camacho, seconded by Reid, payroll be approved. Carried by the following vote, to.wit: Ayes: Camacho, Pinson,, Reid„ Waters, Morgan, Nays: None, UNFINISHED BUSINESS A letter from ACE METAL AND WASTE COMPANY, 720 requesting appearance before Council on August Building Department advised them Ordinance No. West 23rd Street, 14 and stating the 1256 requires public 8/21/73 132 improvements when repair or construction of a structure exceeds $2,500 in value and Ace Metal and Waste feel replacement ($1,000 actual cost to them) of an existing sign does not fall under the intent of this ordinance (laid over at the 8/14 Council meeting) was presented. Planning Director Gerschler said it has been referred to the Manning Commission and the applicant has been so advised. There was discussion. Ordered filed by unanimous vote. HEW BUSINESS COi4SEHT CALENDAR ITEMS: (a) City Managerts memo stating the Army Corps of Engineers will hold a hearing in the Council Chambers at 7:30 p.m., August 22, relating to the dredging of San Diego Bay; (b) City Clerk's memo reporting receipt of notice from Army Engineers that application has been made by Richard A. Nowell, 8132 Hinsdale Ave., Downey, California, for permit to construct wharf on the Shelter Cove channel; notice from Army Engineers that application has been made by City of San Diego for permit to conduct beach and shoreline maintenance involving dredging in Mission Bay; City of Vistas Reso- lution 73-99 in regard to reciprocity between the retirement systems of all governmental agencies in the State. Ordered filed by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIE BULLETIN, dated August 10, 1973, with CITY MANAGER'S recommendations indicated thereon was pre- sented, Moved by Morgan, seconded by Reid, the City Manager's recommendations be approved., Carried by unanimous vote. A communication from JUNIORS OF THE SOCIAL SERVICE AUXILIARY requesting permission to solicit funds for advertising and donations for a souvenir program for their annual Mardi Gras sting early September for a period of about 90 days (proceeds for building and maintenance of Camp Oliver) and the LICENSE COLLECTOR'S recommendation the request be granted were presented. Moved by Waters, seconded by Camacho, in, favor of the juniors of the Social Service Auxiliary. Carried by unanimous vote. A communication from the CITY MANAGER reporting on his meeting with S.D. Transit Dir. of Marketing and Public Information Office and recommending the matter of the $2,500 advertising fund proposed by SAN DIEGO TRANSIT CORPORATION for local advertising be turned over to the Chamber of Commerce Community Promotion Committee for allocation of funds was presented, Moved by Camacho, seconded by Waters, in favor of the City Manager ' s recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Abstaining: Reid. A memorandum from the CITY MANAGER requesting the City hire MANUEL FCRTILLO (temporary Custodian) for 90 days to replace injured City employee (Leroy Steverson) was presented. Moved by Waters, seconded by Camacho, in favor of the Ci, Puna r?s request to hire Manuel Portiilo. Carried by unanimous vote. A communication from ALFRED G. FIG ERA, 934 E. 9th St., requesting the City pave 2s to 51 wide strips on Edgerton Way and 9th St. between asphalt and block wall, and bill him for the material used and the City Engineer's note he is not sure if it is in the street were pre- sented. Moved by Pinson, seconded by Reid, in favor of Alfred G. Figueroa, Carried by unanimous vote. A letter from ALBERT SXERSTON, 2858 Chatsworth Boulevard, San Diego, a� requesting an encroachment permit for his property at 30000111NMANwagc442 R Ave' and stating he has been notified that the house is from 4" to 11 on City property (signed encorachment removal agreement attached) was presented. Moved by Waters, seconded by Pinson, in favor of Albert Skerston. Carried by unanimous vote. 8/ 21/73. *Corrected August 28, 1973 133 A communication from DEPARTMENT OF TRANSPORTATION regarding the development of a coordinated functional classification plan„ a memo from City Engineer regarding 1995 Functional Classification Study,, Phase Is and the Planning Director's statement he concurs with the City Engineer were presented. Ordered filed by unanimous vote. A letter from NATIONAL SCHOOL DISTRICT requesting a variance (amend- ment to existing permit) for their planned building on 14th Street between "N" and "M" Avenues as it has come to their attention the building is in violation of the City building ordinance was presented. City Attorney McLean said Mr, Gerschler has been in contact with them, explained what they should do and they are going to do it. Ordered filed by unanimous vote, A communication from STEIRER INVESTMENT REALTY, San Diego, appealing the Planning Commission's denial of their request for a public hearing to consider an amendment to the General Plan (for property located adja- cent to the NW corner of Euclid. Ave.& .plaza 31vd. fronting on Plaza 31vd. and 12th Street; present zoning is TCPD' and their proposed develop.» ment requires a change in the General Plan from a commercial to a high density residential designation) and attaching a plat of the area involved were presented.. Moved by Camachos seconded by Waters, in favor of the Planning Commission's recommendation that this be denied. Carried by unanimous vote, REPORTS CITY MANAGER CSBURN reported receipt of two resolutions from the San Diego County Water Authority; one is stipulating the number of votes the City will have on the Board (15 votes based on assessed evaluation is in excess of $75«million ). Ordered filed by unanimous vote* City Manager Osburn said the other resolution from the San Diego County dater Authority sets the tax rate at 110 per $100s the sames as this year. Ordered filed by unanimous vote* A PLANNITNG DEPARTMENT transmittal in regard to ZONE VARIANCE APPLICA«- TION Z..6--73 (for variance from required 50' frontage upon a dedicated street to 24' to permit the creation of a 2.20 acre parcel of land in conjunction with proposed Lot Split #13-73, on property located south of 8th Streets west of I..5 ),, and stating the Planning Commission recommended approval subject to three conditions of staff was presented. Planning Director Gerschler stated this case should be scheduled on the Council agenda for action 15 days from this date unless written protest is received in which case the City Clerk shall give required notice and set a public hearing* Moved by Waters, seconded by Pinson, in favor of the Planning Department's recommendation,: 15 days.Carried by unanimous vote. A PLANNING DEPARTMENT transmittal stating the Planning Commission recommended the development plan proposal of Unified Leasing Corpora- tion for the "Kantor Property" be approved and the Kantor property, southerly side of 3700-3800 blocks of Sweetwater Road be rezoned from C.2-FD to R..4..PD, excepting therefrom the NEly corner of said property (approximately 2 acres) as described in legal description and the General Plan be amended to show said corner for "Commercial Recreation and Tourist" use and stating this recommendation supports the plans reviewed and approved by the City Council on June 12, 1973s was pr e sented, Planning Director Gerschler said on June 12,, 19730 the City Council received a revised plan for the development of the Kantor property on Sweetwater Road; that revised plan showed low density condonimium residential and small commercial development; the City Council approved the plan; because it was contrary to a previous recommendation by the Planning Commission it was required that it be sent back to the Planning Commission fora report; the Planning Com- mission met on this matter a week ago last nights and approved the revised plans the same plan Council saw on June 12; they are now recommending approval of the plan as submitted. Moved by Pinson, 8/21,/73 134 seconded by Camacho, in favor of the Planning Comza ssion's recommen. dation. There was discussion. Carried by the follow ng votes towit: Ayes: Camacho, Pinson, Reid. Nays: Waters, Morgan. A PLANNING DEPARTMENT transmittal in regard to a tentative parcel maps northeast corner of 26th Street and "1" Avenue (Lot Split 16..73, Wayne W, Smith) stating Planning Commission recommended the tentative parcel map, be approved subject to three conditions set forth by staff was presented. Planning Director Gerschler said this item is a routine lot split. Moved by Waters, seconded by Reid, in favor of Warne W. Smith and all stipulations of staff. Carried by unanimous vote,. A PLANNING DEPARTMENT transmittal in regard to a tentative parcel map northeast corner of 26th and "J" Avenue (Lot Split 15 r 73, Barbara MacHarg) and stating the Planning Commission recommended that Tenta•• tive Parcel Map LS.15.73 be approved subject to three conditions was presented. Moved by Camacho, seconded by Reid, in favor of the Planning Commission's recommendation on the Tentative Parcel on the north corner of 26th Street be approved subject to the three, conditions. Carried by unanimous vote. A PLANNING DEPARTMENT transmittal regarding tentative parcel map south side of 30th Street, east of National Avenue (Lot Split 14.73, McMillin) and stating the Planning Commission recommended the tenta. tive parcel map be approved subject to the three conditions recommended by staff was presented, There was discussion, Moved by Waters, seconded by Camacho, in favor of Corky McMillin's request. Carried by unanimous vote. The CITY TREASURER •• FINANCE DIRECTOR'S FINANCIAL STATEMENTS for the months endingMay 31, 1973 and June 30, 1973 were presented* Ordered filed by unanimous vote . COUNCIL COMMUNICATIONS COUNCILMAN WATERS spoke in regard to furniture sitting in the parking lot on National Avenue; back in 1968 when Council was cracking down on this, we had a very active Planning Commission; he found out last week that what we really took care of was out in front of these build- ings; they were not allowed to display furniture within the setback; he thought at the time, when anybody wanted to hold a special sale, like South Bay Plaza on their parking lot or like Wards in their parking lot, they had to come in and ask for a permit to do so; now here is a man who has been down here on National Avenue right out in the open, on a major street; he has his furniture all over the parking lot; there is not a thing we can do about it.. Planning Director Gerschler said the Commission has scheduled a hearing on it; at their next regular meeting, they will be having a hearing and making a suggestion to you for amendment to the Code. COUNCILMAN WATERS reported receipt of a copy of a petition signed by 60 or 69 property owners protesting the location of the City's Public Works Yard at 30th and National. Mr. Waters said he would like to give it to the City Manager and have it entered into the public record for the future when we get into the Public Works Yard. COUNCILMAN WATERS said Council has some correspondence from Mr, Maley: "in the morning paper there is indication that there are still no signs at the pool; as a matter of correction, on June 22, I sent you a memo stating that said signs would be on view to the public that evening (that was on June 22nd) ; they were installed, as I said, at that time I promised„ and as a matter of physical fact, they are still there; one is attached to the back gate, the other is affixed to the fence below the north parking lot; both are relatively of a permanent type since the paper ones installed at the original request were rapidly destroyed; evidently our signs are not prominent to the proper 8/21/73 135 extent; they are home made; I will obtain two 41 by 8' signs, con.. structed by sign makers, and have them installed adjacent to the entrance driveways so that no one who drives down Newell can possibly miss them if this is desired; no funds are budgeted for such a purpose..."...Councilman Waters asked City Manager Osburn if he feels the signs that are there now are adequate. City Manager Osburn said he believes they are. COUNCILMAN WATERS spoke in regard to the San Diego Transit Company and Aztec Bus Company's transportation cost analysis and bid for S.D. Transit's routes within National City stating Aztec could provide the same transportation at a saving of $63,0398010. Mrr, Waters read Aztec's cost analysis and proposal. Moved by Waters, seconded by Pinson, Council send a resolution to our State legislator Wadie Deddeh and ask him for his consideration in seeing if we can get an amendment in cases of this nature where we can show a savings of this kind that we do so, There was discussion. Motion failed by the following vote to -wit: Ayes: Pinson, Waters, Nays: Camacho, Reid) Morgan, MAYOR MORGAN spoke in regard to the tree and park bond measure he wanted on the November ballot; when the figures came in he dropped any further negotiations. MAYOR MORGAN spoke in regard to the alternate plans for the improve- ment of La Siesta and said he has a letter from Mrs,. Sage who has talked to the people out there and they recommend that we select Exhibit B for La Siesta Way and he recommends Council go along with Mrs., Sage and the people in the area. There was discussion. Moved by Waters, seconded by Camacho, in favor of Mrs. Sage's re9uest. Carried by unanimous vote, Mayor Morgan said to make this point perfectly clear, Mrs. Sage six or eight months ago obtained 60% signatures for a 1911 Act on this portion of La Siesta; she went back and talked to the people on this plan and this letter is the result. HEARINGS The CONTINUED HEARING to add an OPEN SPACE and CONSERVATION ELEMENT to the General Plan (GP-4-73) was held at this time, The Planning Department transmittal stating the Planning Commission recommended approval of the Open Space and Conservation Element as recommended by staff adopted Planning Commission Resolution No. 7-•73 (approving the open space and conservation element as an addition to the General Plan 1985) and that the Planning Director urges the adoption of this element now, with the understanding that the final General Plan draft to be ready in March 1974 may contain some appropriate modifications was presented, Planning Director Gerschler said they previously transmitted to Council the Planning Commission's recommendation consisting of two things: one is the map and the other is a document explaining what the conservation, open space element of the plan contains; these two items are exactly as proposed by the Planning Commission; there has been one matter brought to their attention since that time and we would suggest that in reference to the open space adjoining the Bonita Golf Course (which is a part of the adopted plan for the Sweetwater Regional Park) that the designation on the Planning map be modified to show that open space would be joint use open space and/or flood channel; with that you have the Planning Commission's recommendation; we recommend adoption, JOI-HN D. MANNA, 130 E. 28th St., was present and requested Council's consideration of designating that area that you are now considering for a recreational area and a Public Works area as open space; he thinks it would be better than the irregular space that you have on Phase 2 to declare as open space an area that would follow the contour of the canyon better and be something like an elevation of somewhere between 30 or 40 ft. above sea level along the edge of the canyon and including all the bottom of the canyon and slopes; it could be made into a lovely park; it is true that if it is left to private owners and to the City to develop each portion separately there will be a continued downgrading of the 8/21/73 136 area, Moved by Morgan, seconded by Camacho, Co oil a192 Itis ,open ce lan as resented b the Planner and close the hearin .. Vice Mayor Pinson asked if that included Mrs,►, Gerschler t s recommendation on the Sweetwater joint use. Mayor Morgan said yes, that is right. Councilman Waters said this particular project has nothing to do with the Public Works Yard. No one else was present to speak. Carried by unanimous vote. The HEARING on the proposed mace ndne nt to ZONING REGULATIONS to add provisions for an EQUESTRIAN PARK (A-5-r73) was heard at this time. A Planning Department transmittal stating the Planning Commission recommended Ordinance 962 be amended to add an Equestrian Park Overlay Zone as outlined by staff was presented. City Clerk Campbell stated Certificate of Publication is on file. Planning Director Gerschler said this is in response to the proposed Bradley Annexation where the property owners indicated they wished to operate an equestrian park; the zoning code does not provide for that now. No one was present to speak in this regard. Moved by Waters, seconded by Reid, the public hearing be closed and the proposed amendment to the zoning regulations to add rovisions for an uestrian rk be a roved and a 1 sti ula- tions of staff be adhered to. Carried by unanimous vote. The HEARING on proposed amendment to ZONING REGULATIONS relating to CONDOMINIUM PROJECTS (A.9-73) was heard at this time. City Clerk Campbell stated the Certificate of Publication is on file. The Planning Department transmittal stating the Planning Commission recommended approval of the amendment subject to staff is five recom- mendations and inserting in No. 2 (recommendation) that the covenants conditions and restrictions include a determination that the funds provided by the maintenance provisions of same will in fact be sufficient to cover all contemplated costs and the Planning Directorts statement the primary effect of these regulations would be to require that any "conversion" project be brought completely up to present Code requirements before any conversion to condominium could be filed was presented. Planning Director Gerschler said this would affect only conversion cases and would require that all multiple family buildings that are converted to condominium. ownership would first have to be brought up to all provisions of the zoning code dealing with all phases of apartment house design. No one was present to speak in this regard, Moved by Pinson, seconded by Camacho, the hearing be closed and the proposed amendment to the zoning regulations, relating to condominium projects be approved with all stipulations of Staff b adhered t o.. Carried by unanimous vote. The HEARING on proposed amendment to ORDINANCE NO. 891, ordinance relating to the keeping of BIRDS AND ANIMALS (A.•10-73) was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. The Planning Department transmittal stating the Planning Commission recommended that Section 1, Paragraph "C;' of Ordinance No, 891 be amended by adding after the words, twelve chickens, "excluding roosters" and Planning Director's statement that the only effect of this proposed rule would be to prohibit the keeping of roosters in the City was presented. There was discussion. Moved by Waters, seconded by Camacho, that this item on the public hearing to eliminate the roosters in this Cit be filed for ever and ever- we can o through this thing of shootin the rooster in the neck if it will keep him from crewing. Carried by unanimous vote. Mayor Morgan called an Executive Session at 8:37 p.m. (City Manager Osburn said Mr. Rubenstein of the Steirer Investment Realty is in the audience and would like to speak on New Business Item 10, Mayor Morgan said Council would hear him after the excutive session.) City Council reconvened at 8:59 p.m. Council members present: C:amacho, Pinson, Reid, %tens,, Morgan. Council members absent: None. 8/21/73 137 NEW BUSINESS (Continued) Appeal by Stierer Investment Realty, San Diego, of Planning Commission denial of their request for a public hearing to consider an amendment to the General Plan was brought to the floor. City Attorney McLean said City law says property owners do not have the right to compel the initiation of a change in the General Plan; Council adopted those regulations to avoid the expense of repetitive changes to the General Plan and to protect the integrity of the General Plan and leave the maintenance of the General Plan in the hands of the Planning Commission and Council and this procedure that the Council adopted does not have any appeal hearing in it; it is true, of course, Council, whenever they want to, can tell staff to start up a modification of the General Plan; but there is no provision for appeal as such in the City law; these people applied to the Planning Commission to initiate a change to the General Plan as a prelude to the project they have in mind; the Planning Commission denied that request and that is where they stand tonight. MARTIN RUBENSTEIN, STIRRER INVESTMENT REALTY, was present and said he represented the owner of the property who is also a civil engineer and a real estate broker; introduced his associate Mr. Stierer who will assist him in his presentation; he thanked Council for their reconsideration and apologized for not being present when this item was presented to Council earlier; they are involved in a situation which is relatively new in requesting the initiation of changing the General Plan to conform to a proposed rezoning; they feel very seriously there are extenuating circumstances here which warrant consideration; he feels he did not give as complete a presentation to the Planning Commission as he is prepared to give to Council tonight; they did not have the benefit of some of the exhibits he has with him now; they were advised that an appeal procedure was appropriate; whether it is an appeal or a request to the members of the City Council to initiate amendatory proceedings in the form of granting them a public hearing; all he is asking Council for tonight is the opportunity to present their case before the public so that the facts can be brought out; they have prepared exhibits so you can follow the discussion whichhe will try to make brief. City Attorney McLean said he presented it to the Planning Commission asking them to initiate proceedings for a change in the General Plan and that request was denied; now he is here asking you to overrule the Planning Commission's decision not to change the General Plan. There was discussion. Mr.. Rubenstein said..., we have no desire to build apartments; our desire is strictly and only the development of a senior citizens home; we would cool rate and work with the City in any way possible to accomplish that/caeed restrictions or covenants do anything that is required or recommended by the City in order to cooperate and assure the City that the property will used for nothing but a senior citizens development; we are prepared to pro- vide a valuable asset; the TC-PD zoning which includes hotels, motels„ that type of facility; this development is in a large measure a commercial development as opposed to an apartment development; one of the exhibits you have before you is a brochure of a typical facility as developed by the company who would be on this project and this company has developed over 1,500 rooms of this type in 23 locations in the United States and Hawaii to date; if you will notice they have a meal plan for the residents; they have a commercial kitchen cooking and preparing 40 and 50 meals a day; they note in their brochure that this development is more than an apartment; the residents are encour- aged to be independent even though food preparation, housekeeping and many other things are done for them; on the other side, if you will notice, they have such commercial services as beauty parlors, barber shops and staff members on duty 24 hours a day to answer calls and assist citizens; he called Council's attention to the picture of the rooms on the brochure; this is at least to a large measure a commercial development and not a residential apartment development. There was further discussion. Planning Director Gerschler said as the City Attorney advised you, we have had conversation on this; we told Mr. Rubenstein we are having conversation on it; we will attempt to 8/21/73 138 prepare a recommendation for the City Council on an intermediate zoning that might accomplish that; we are not going to indicate to this Council there is any absolute way to controlling the tenancy of an apartment house;...the Planning Commission has said no; if the City Council wants to open the General Plan issue you can; on the City Attorney's advice he advised Mr. Rubenstein that an appeal was not appropriate; Council has the iniative if they want to use it to start a General Plan change. Moved by Waters, seconded by Reid, this matter be referred back to the Planning Commission for another hearing.. There was further discussion. Carried by unanimous vote. Moved by Pinson, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:22 p.m. City erk C ty of Nation- City, Clifornia The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of August 28, 1973. 41141110.11.1111.0111111. No corrections Corrections as noted below Paragraph 8, page 132 should read "442 R Avenue", not 422 R..." May. , City National City, California 8/21/73