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Home My WebLink About1973 09-04 CC MIN150 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 4, 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, Gerschler, Assistant City Engineer Hoffland, 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, The YANKEE DOODLE BELLES were present and made a Flag presentation, explaining the significance of the various flags used. The Yankee Doodle Belies presented Mayor Morgan with a plaque. APPROVAL OF MINUTES Moved by Waters, seconded by Pinson, the minutes .of the regular meeting of August 28 be approved. Carried by unanimous vote, PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the proposed proclamation "Traffic Safety Week" September 24 through 30. Moved by Reid, seconded by Waters, this proclamation be adopted. Carried by unanimous vote. ORAL COMMUNICATIONS DOROTHY COVEY, 1911 "B" Avenue, was present and thanked Mayor Morgan and Mr. Reid; Mr, Camacho lives in the same neighborhood; things have improved somewhat up until this weekend; she understands there will be some action on that. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title onlE. Carried by unanimous vote. RESOLUTION NO. 11,158, "RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT, COMPREHENSIVE PLANNING ORGANIZATI ON. " Moved by Reid,, seconded by Camacho, Resolution No, 114158 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan.. Nays: Pinson, Waters. RESOLUTION ND. 114159, "RESOLUTION APPROVING LOT SPLIT LS-16-73 (TENTATIVE PARCEL MAP) - NORTHEAST CORNER OF 26TH STREET AND e I • AVENUE (Wayne W. Smith)." Moved by Waters, seconded by Reid, Resolution No.; 11,159 be adopted,. Carried by unanimous vote„ RESOLUTION NO. 114160, "RESOLUTION APPROVING LOz SPLIT LS-15-73 (TENTATIVE PARCEL MAP) - NORTHWEST CORNER OF 26TH STREET AND : J' AVENUE (Barbara MacHarg)." Moved by Pinson, seconded by Camacho, Resolution No. 11,160 be adopted. Ca: -Tied by unanimous vote. RESOLUTION NO. 11,161, "RESOLUTION APPROVING LOT SPLIT LS-1473 (TENTATIVE PARCEL MAP) .. SOUTH SIDE OF 30TH STREET, EAST OF NAT X ONAL 9/4/74 151 AVENUE (McMillin)." Moved by Camacho, seconded by Reid, Resolution No, 11s161 be adopted, Carried by unanimous vote,. RESOLUTION NO. 11,162, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Albert Skerston)." Moved by Camacho, seconded by Pinson, Resolution No, 11,162 be adopted* Carried by unanimous vote. RESOLUTION NO. 11,163, ►►RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED ' KEEGAN, EL AT, ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Waters, seconded by Reid, Resolution No, 11163 be ado•ted, Carried by unanimous vote,* RESOLUTION NO. 11,164, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM ENGINEERING SALARY FUND TO THE REDEVELOPMENT AGENCY." Moved by Reid, seconded by Camacho, Resolution No, 11,1164 be adopted* Carried by unanimous vote. RESOLUTION NO. 11,1654 "A RESOLUTION DECLARING THE EXISTENCE OF A PUBLIC NUISANCE; ORDERING THE ABATEMENT OF SAID PUBLIC NUISANCE; AND REVOKING A MUNICIPAL BUSINESS LICENSE . " Moved by Pinson, seconded by Camacho, Resolution No. 11s165 be adopted* There was discussion. Carried by unanimous vote. INTRODUCATION OF ORDINANCES Moved by Camacho, seconded by Reid, Ordinances be presented for first readin to Council b title onl . Carried by unanimous vote. ORDINANCE NO* 9/4/73-1, "An Ordinance Amending Ordinance No* 962, Zoning Ordinance of the City of National City, to Increase Useable Open Space Requirements for Apartments (Code Amendment No. A-.7.,73)." ORDINANCE NO, 9/4/73.2, "An Ordinance Amending Ordinance 962, 803, 1181, 1288, and Repealing Ordinance 1316, Relating to Condominium Projects (Code Amendment No, A..9-73)," ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council by title only. Carried by unanimous vote. ORDINANCE NO,, 1381 (8r8,43.1), '►AN ORDINANCE AMENDING THE ZONING REGULATIONS (ORDINANCE 962, AS AMENDED BY ORDINANCE NO. 1315, NATIONAL CITY SIGN ORDINANCE) TO PROVIDE THAT DIRECTIONAL SIGNS SHALL HAVE A MAXIMUM SIZE OF FOUR FEET (4') SQUARE." Moved by Pinson, seconded by Camacho, Ordinance No, 1381 (8X28/2a..4) be adopted, Carried by unanimous vote, .� REPORT OF CITY ATTORNEY None. APPROVAL OF BILLS City Manager Osburn said we received no bills; we will have them next week. REFERRALS A PLANNING DEPARTMENT memo stating that at the August 14 meeting of the Council, the question of whether ACE METAL AND WASTE COMPANY'S sign exceeding $2,500 valuation (as determined by the Department of Building & Housing) is subject to provisions of Ordinance 1256 was referred to the Planning Commission and the Planning Commission at their meeting of August 27 interpreted the intent of the word "structure" was to include signs was presented. Moved by Morgan, 9/4/73 152 this be filed. Motion died for lack of second. There was discus- sion regarding deferral of the improvements as Ace Metal does not own the property; they are trying to improve the property; this is railroad property and they lease it for a year at a time; if they spent the money for these improvements of curb, gutter and sidewalk, the railroad couldcomein and say your lease is over, we have another tenant. Planning Director Gerschler said Ace Metal would have to take the iniative0 Moved by Pinson, seconded by Reid, this� be filed„ Carried by unanimous vote. NEW BUSINESS CONSENT CALENDAR ITEMS: (a) City Manager's memo reporting receipt of Contract No. 7554.0270..E relating to amendment of Joint Powers Agreement with CPO by admitting the County of San Diego into the CPO organization; (b) Letter of appreciation from MAAC Project to Council and City Staff for their assistance in fund --raiser held August 18; (c) Communication from State Office of Emergency Services regarding DCPA budget cuts; (d) City Clerk's memo reporting receipt of an order instituting investigation, Case No. 9607, before the PUC for the purpose of establishing a list for the year 1974 of existing and proposed crossings at grade of City streets or country roads most urgently in need of separation, or projects effecting the elim- ination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 189 of the Streets and Highways Code; (e) Minutes of Real Estate Committee meeting held on August 29, 1973 and map depicting location of City property which Mr. & Mrs. Westphal1 requested to purchase attached; (f) Memo from City Clerk attaching copy of letter from, Assemblyman Kapiloff in regard to the City''s resolution on property and income tax relief for senior citizens and a copy of AB 417; (g) Communication from Office of Traffic Safety stating September 24-30 has been designated as California Traffic Safety Week and listing ways to re-emphasize traffic safety programs; (h) Communication from Department of Trans. portation requesting the City to send them a copy of its submittal to the Public Utilities Commission for use at hearings to be held for purpose of establishing Grade Separation Priority List for 1974. Ordered filed by unanimous vote, Councilman Waters inquired about Item (e) of the Consent Calendar, shouldn't Council take action on that this evening? Moved by Waters, seconded by Reid, in favor of the minutes of the Real Estate Committee recommendations in favor of this going up for bid like the recommendation of the Real, Estate Committee. Mayor Morgan called a meeting of the Real Estate Committee at 4:00 on Friday in the conference room, Carried by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated August 24, 1973 and the CITY MANAGER'S recommendations noted thereon was presented. Moved by Morgan, seconded by Reid, the City Manager's recommendations be approved. Carried by unanimous vote. The CITY CLER('S memo recommending the Accu.»Vote system be used in the April 1974 election with copies of demonstration ballots and photographs of the equipment proposed attached was presented, Councilman 'eaters asked if the City Clerk would explain that opera- tions Mayor Morgan moved this recommendation be filed. Motion died for lack of second. There was discussion. Moved by Reid, seconded by Morgan, that we keep 35 places and count them by hand. Moved by Waters, seconded by Camacho, this be tabled for one week. Carried by unanimous vote. A letter from the CHAMBER OF COMMERCE inviting the City to take a full ad in their 1974 yellow pages directory, a copy of ad from previous year and order form containing rates attached was presented. Moved by Camacho, seconded by Reid, in favor of the Chamber of 9/4/73 153 Commerce recommendation,Moved by Morgan, seconded by Camacho, to amend the motion (The price) to be $325, City Manager Osburn said that would be the inside back page. Carried by unanimous vote. A letter from DALLIS E. WIDICK, 2207 Highland Avenue requesting refund of $100 performance bond and Engineering Department's nota- tion that the final inspection was okay were presented. Moved by Waters, seconded by Camacho, in favor of Dallis E. Widick at 2207 Highland Avenue. Carried by unanimous vote. A communication from DONALD D. HIOGINBOTHAM, 1515 Orange Avenue, requesting permission to install split -.rail fence in City's 2' ease ment and stating he would remove the fence when he was directed to do so was presented. Moved by Camacho, seconded by Pinson, in favor of Mr. _ Higginbotham's request. There was discussion, Carried by unanimous vote. A communication from ACTION FOODS, INC., 1413 Wilson Avenue, request- ing the closing of 14th Street from Wilson Avenue easterly for 1154 to the alley was presented* Moved by Pinson, seconded by Camacho, this be referred to the Planning Commission. Carried by unanimous vote. STEP INCREASES for eligible employees (MARY A. DELEON, Building & Housing Department; DALE W. HOIrFLAND, Engineering Department; ALMA CARAET and NANCY MA.RSTELLER, Planning Department; DALE POUND, Public Works Department; MARIAN BENSON and REBECCA REED, Library; EDWARD DEESE, ARLENE HUTH, MICHAEL MCMULLEN, and ROBERT F. O'NEILL, Police Department) recommended by City Manager and Department Heads were presented* Moved by Waters, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. Communicatioi from the COMMUNITY DEVELOPMENT DIRECTOR recommending the report on Bicentennial Communities program be referred to Citizens Advisory Committee, if Council desires to undertack such a program. and Richard F. Pourade, Chairman of the American Revolution Bicentennial Commission of California announcing the Bicentennial Communities Program and urging participation were presented. Moved by Reid, this be filed. Motion died for lack of second. Moved by Pinson, seconded by Camacho, this be referred to the Citizens' Advisory Committee.. There was discussion. Carried by unanimous vote. A memo from the PARK & R.ECREATION DEPARTMENT DIRECTOR requesting replacement of provisional personnel and stating that employment will be effective September 4, 1973 for a period not to exceed 90 days was presented. Moved by Waters, seconded. by Camacho, in favor of the City Manage*and Park and Recreation Director's request* Carried by unanimous vote. Communication from PARK & RECREATION DEPARTMENT DIRECTOR regarding STANDBY GAS SERVICE AT THE POOL requesting guidance as to whether or not the City shall activate a standby unit or if they shall close the pool to swimming when and if normal service is temporarily halted and listing the reasons he believes the standby service should remain as it is was presented. Ordered filed by unanimous vote. REPORTS CITE' MANAOER OSBURN reported we have been notified by our supplier of diesel oil that we will be cut back to 41% of what we purchased last year; presently we have roughly 500 gallons on hand for the Fire Department and about 200 gallons in the Public Works yard; we anticipate the 500 gallons for the Fire Department will last about 3 months and Public Works has already started curtailing their operation of equipment using diesel oil, There was discussion. 9,/4/73 154 The CITY TREASURER -FINANCE DIRECTOR'S financial statement for month ending July 310 1973, was presented. Ordered filed by unanimous vote. COUNCIL COMMUN ICATI ONS COUNCILMAN REID asked if we are holding up any legal building permits? City Manager Osburn said not that he is aware of. VICE MAYOR PINSON commended the Star -News' editorial on the proposed state legislation on having to make restitution in cases where real property is down zoned. COUNCILMAN WATERS commented on Edward Bodge's letter to the editor in the Star -News relative to the Deddeh-Mills-Van Deerlin picnic and said he supported Mr, Deddeh, Mr. Van Deerlin and Mr. Mills;... he votes for the man, not the party. MAYOR MORGAN spoke in regard to the open space ordinance which will have its second reading next week and which will provide 200 ° ' for 1-bedroom apartments, 300° ' for 2-bedroom apartments and 40001 for 3-bedrooms; there are few 3-bedroom units being built in National City; he is not going to vote for this ordinance the way it is; we must have more open space; ,..he is ready to stop all apartments in the City until we can get on top of this; it is not right to fill this City up with so many apartments; we have to build more schools, have extra bus service, more traffic; we are building something in this City that none of us want; it is time we sat down with the Attorney and the Planner and tried to work this thing out where we can control it; this ordinance will not control it; they build these apartments and then leave us and go someplace else and leave us with the problems created by these partments; it may be that it should be limited to a 60-ft. lot or 115 or 135-ft. that we would allow two or four units per lot. Councilman Reid said he wishes the Mayor would think this over...better construction, better buildings, have the open space...but let's think this over carefully not just go off on a binge because of a few telephone calls. Mayor Morgan said he is not thinking about putting a moratorium on the whole City and every- thing that we are doing,, only apartments. Councilman Camacho suggested changing the zoning and have no R-4 zoned property. Mayor Morgan said„ if there is no objection from Council, he would ask the Planner to report on some way Council can control this sort of thing. Planning Director Gerschler said he can bring back a report on alternatives; the problem is very, very complicated; he has said that before; he has no magic solutions but he will outline some alternatives. There was discussion. Councilman 'tens asked the City Attorney if all R-4 zoning in the City could be outlawed? City Attorney McLean said yes, you could do it first on an urgency basis and after a Planning Commission review and report Council can determine that the public health, safety and welfare would be served by rezoning this property to R-1. Councilman Waters asked where we would stand on this should there bea suit brought against the City? there is a lot of R-4 zoned property in the City; say, we go out here tomorrow and say there will be no more R-4 and an individual should take us to court because we downgraded his property, we will not allow him to do what he originally made the investment for and he wants the taxpayers of this City to pay for it; where do we stand? City Attorney McLean said the making of the investment in land in itself does not give the particular individual any right to continue any specific category of zoning; he must go further than that; he has to be under construction, pursuing the right granted under a building permit; that is not completely accurate; there are other steps a property owner can take such as the expenditure of substantial sums of money in the anticipation of building that might give him a vested right;,.,.the worst thing, he feels, that could happen is the City would have to give someone a building permit. 9/4/73 155 MAYOR MORGAN reported he called a meeting on the (Public) Works Yard a week ago last Monday evening; we sent out about 100 or 110 invitations to homes in that area and there were somewhere between 9 and 11 representedat this meeting; there is some opposition„ but not too much opposition to the Public Works Yard in this area. Mayor Morgan displayed a map of the area and explained the plans for the project and alternative. The Mayor said he would like Council to think about this; he would like Council to make a decision on this next Tuesday whether to go ahead in this area; as far as he is concerned, if they don't want to go ahead here, they can direct the architect to prepare plans at the present location; he has talked to the architect and if we use the same building plans here in the present location, it would cost to change those plans and get it ready something like $8,000; it would cost $16,000 if we would change it around to make buildings for this site at the present location where people could have their office and see through and have it located and situated like it is now; so we could build the same plans for something like $16,000 or we could change the plans and it would be a plan preparedby an architect and everything for the site now; on the plus side, it is going to cost extra money here because we have to run in drainage, take 18 ft* of muck out of the bottom of the canyon in order to put the Public Works Yard in here; we have to fill it in; we have to change the sewer, the drainage and the fill; it is going to cost quite a lot of money to do this; the decision has already been made to put it here, but he is going to bring it before Council next Tuesday and a decision will be made to go ahead and not look back or move it over to the present location; he feels this will require some thought between now and next Tuesday; he is not asking for a decision now but would like Council to look at this plan and make sure; we need to get started on this Public Works Yard and do it; what we would have to do is notify the Government that we changed the location because of local opposition; he does not really think the Government will say too much about that; he does not care what you start building, you usually have opposition from the Coastal or the Environmental or the Bird Watchers or something; it is a tough decision but it must be made, VICE MAYOR PINSON recognized some ladies in the audience representing the National City Rodeo, and called Council's attention to one who is a candidate for the Rodeo Queen; the Rodeo will be this weekend (Sept. 8-9), Mayor Morgan said we appreciate these young ladies' work; the funds are being used for the Servicemen's Center. Moved by Reid, seconded by Camacho, the meeting be closed, Carried by unanimous vote* The meeting closed at 8:50 p.m,, C " ' Clerk 'City of Nati • al City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 11, 1973, 0 No corrections Corrections as noted below Mayor, Cite_ o aIional City, California 9/4/73