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HomeMy WebLinkAbout1973 10-02 CC MIN182 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 2, 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, 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 Rev. Philip Larson, First Congregational Church. APPROVAL OF MINUTES Moved by Reid, seconded by Camacho, minutes of the regular meeting of September 25, 1973 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read proposed proclamation, "Fire Prevention Week" October 7 through 13, 1973. Moved by Reid, seconded by Camacho, for adoption of this proclamation. Carried by unanimous vote. 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. 11,179, "A RESOLUTION APPROVING AMENDMENT TO THE GENERAL PLAN (GP..2. 73) TO PROVIDE FOR RESIDENTIAL USAGE AND ASSIGN A DENSITY LIMIT TO THE PROPERTY LOCATED AT THE NORTHWESTERLY CORNER OF 24TH STREET AND NEWELL AVENUE IN NATIONAL CITY." Moved by Waters, seconded by Reid, Resolution No, 11,179 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan. (Rescinded for one week. See motion Par. 4, Page 186) RESOLUTION NO. 11,180, "RESOLUTION AUTHORIZING EXECUTION OF OFF- CAMPUS PROJECT AGREEMENT BETWEEN SWEETWATER COMMUNITY COLLEGE DISTRICT AND THE CITY OF NATIONAL CITY." Moved by Pinson, seconded by Camacho, Resolution No. 1.1,180 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,181, "RESOLUTION CONFIRMING ASSESSMENT ON WEED ABATEMENT." Moved by Camacho, seconded by Reid, Resolution No. 11,181 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, ord4nance be presented to Council for first reading by title only. Carried by unanimous vote. 10/2/73 183 Ordinance No. 10/2/73-1, "An Ordinance of the City of National City, California, Adopting the Uniform Fire Code, 1973 Edition and the Appendix Thereto, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, and Estab- lishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining Their Powers and Duties, and Repealing Ordinance No. 1322 and All Other Ordinances and Parts of Ordinances in Conflict Therewith." A letter from the Chairman of the Advisory and Appeals Board recommending adoption was presented. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, ordinances be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1386 (9/23/73-1), "AN ORDINANCE AMENDING ORDINANCE NO. 962 TO ADD THERETO SPECIFIC PROVISIONS TO ALLOW CERTAIN TYPES OF CATERING SERVICES IN THE C-.3-A, GENERAL COMMERCIAL ZONE." Moved by Waters, seconded by Pinson, Ordinance No, 1386 (9/2S/ .4) be adopted. Carried by unanimous vote. ORDINANCE NO. 1387 (9/25/73-8), "AN ORDINANCE ADDING ARTICLE 553 TO CHAPTER 55 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD PROVISIONS FOR PUBLIC NUISANCE VEHICLES AND AMENDING ZONING ORDINANCE 962 OF THE CITY OF NATIONAL CITY TO PROVIDE THAT ONE (1) INOPERATIVE, DIS- MANTLED OR WRECKED MOTOR VEHICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF AN AUTOMOBILE WRECKING YARD." Moved by Pinson, seconder by Camacho, Ordinance No. 1387 (9/26/73--3) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY -- None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $10,562.56 Traffic Safety 3,652.11 Park 1,625.86 Gas Tax No. 2106 2,611.61 Special Street 4,250.00 Sewer 340.82 Total $23,042.96 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. NEW BUSINESS CONSENT CALENDAR: (a) City Clerk's memo reporting receipt of Notice of Hearing before the Public Utilities Commission on three applications by San Diego Gas and Electric Company: Application 53945, for authority to increase its rates and charges for electric service, etc.; Application 53946, for authority to increase rates and charges for gas service, etc.; Application 53970, for authority, among other things, to increase its rates and charges for steam service; (b) Notice of Hearing before Public Utilities Commission on Application 53748 of California -American Water Company for authority to raise rates in its Sweetwater District; (c) Communica tion from MAAC Project expressing appreciation to Public Works Director, City Council, and City Manager for helping them obtain trailer for use in parade; (d) City Manager's recommendation minutes of 9/19/73 meeting of Citizens Advisory Committee for Community Improvement be approved and filed; (e) City Manager's 10/2/73 184 memo stating a solution has been found to the water salinity problem between Mexico and the United States; (f) Communication from Comprehensive Planning Organization stating they are working on an Environmental Noise Background and Policy Study for the San Diego region and requesting the City to supply certain information from its noise complaint files or other experience; (g) Communica- tion from League of California Cities regarding Action Plan resolutions; (h) Minutes of 9/25/73 Finance Committee meeting; (i) Items to be filed with the City Clerk: 1. Cover letter from San Diego County Water Authority, 2750 4th Avenue, San Diego, dated 9/17/63, attaching copy of Minute No. 242 and a fact sheet which describes the final settlement of the Mexico -USA controversy over salinity of the water being delivered to Mexico at the International Boundary; (j) Memo from Chairman, Assembly Committee on Transpor- tation, regarding change in date and location of Los Angeles Subcommittee Hearing. Ordered fi1'd by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated Septem- ber 17, 1973, and the City Manager's recommendations indicated thereon was presented. Moved by Morgan, seconded by Reid, the City Manager's recommendations be approved, Carried by unanimous vote. A letter from the SALVATION ARMY requesting permission to place Christmas Kettles at three locations (Montgomery Wards, East Plaza Blvd. and Highland; Penney's, East Plaza Blvd. and Highland; Post Office, 710 East 16th Street) Nove.ber 23 .. December 24 was pre- sented. Moved by Camacho, seconded by Reid, this request be granted, There was discussion. Carried by unanimous vote. A communication from OMEGA NU TAU SORORITY requesting permission to hold a rummage sale 10/11-13/73 at the American Legion Hall, Post 255 and the LICENSE COLLECTOR'S memo recommending that Omega Nu Tau Sorority and subsequent applicants for rummage sale permits abide by regulations of Ordinance 1250 and the $3.00 fee be paid were presented. Moved by Waters, seconded by Reid, this item (Item 4 on Council agenda) and Items 5 'communication from the NATIONAL FOUNDATION FOR SUDDEN INFANT DEATH, INC., requesting permission to place canisters in local businesses for donations and the LICENSE COLLECTOR'S memo recommending this request be granted) and 6 (a communication from Olaf F. Locke, Pastor) PA tADISE VALLEY CHURCH OF SEVENTH. -DAY ADVENTISTS requesting permission to solicit funds in the community of National City during their fund-raising campaign December 1 1973 throw h Januar 15 1974 and the LICENSE COLLEC- TOR'S memo recommending this be granted), since the relate to the same thin basicall and authorize them to have their rummy a sales and so forth with no fee involved. There was discussion.. Carried by unanimous vote. An ENCROACHMENT REMOVAL AGREEMENT proposed by L. E. STOCKRIDGE at southwest corner of 18th Street and Lanoitan Avenue; a memo from the City Engineer recommending denial of Mr. Stockridge request and stating the encroachment would cause some traffic congestion and the Engineering Inspector's report with copies of plot plan for 2540 East 18th Street were presented. Moved by Waters, seconded by Reid, in favor of the Cit En ineer's and taff' recommendation. Carried by unanimous vote. The MINUTES of 9/5/73 meeting of the LIBRARY BOARD OF TRUSTEES aid the City Manager's retommendation the minutes be approved with the exception of the matter of the change to Sunday hours on an experi.' mental basis which was handled by the Finance Committee and their decision should be affirmed by City Council were presented. Moved by Morgan, seconded by Reid, this be filed. There was discussion. Moved by Waters, seconded by Pinson, the motion be amended to include that we o ahead and a rove the recommendations of the Librarian and the Library Board of Trustees. There was further 10/2/73 185 discussion. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Nays: Reid, Morgan. Ordered filed by unanimous vote. The MINUTES of the 9/20/73 meeting of the STREET TREE AND PARKWAY COMMITTEE, the resignation of MRS. YAHNKE and the memo from the CITY MANAGER recommending the minutes be approved and the resignation of Mrs. Yahnke be accepted with regret and she be commended for her service were presented. Moved by Camacho, seconded by Reid, in favor of the City Mana er's recommendation. Carried by unanimous vote. The MINUTES of the 9/19/73 meeting of the TRAFFIC SAFETY COMMITTEE and the CITY MANAGER'S memo recommending the minutes be approved with Council action to be taken on Item IV.a., placing a stop sign on Second Street at Laurel and Item IV.b., Highland Avenue and 8th Street intersection were presented. Moved by Pinson,, seconded by Waters, all the items of the Traffic Safety Committee be approved with the exception of the two items and Council will take them up separately. Carried by unanimous vote. Moved by Waters, seconded by Pinson, on Item IV,a.i to place a stop sign on Second Street at Laurel, in favor of that recommendation z that they put a stop sign at Second and Laurel. There was discussion. Carried by unanimous vote. Moved by Waters, seconded by Camacho, this item, IV.b., (8th and Highland intersection) be filed permanently„ Vice Mayor Pinson displayed a map of area at 8th and Highland and explained a method which he believes would solve the problem of left turns without red curbs. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson, Reid. MAYOR MORGAN'S letter recommending the City allocate $20,000 (rather than the $5,000 already allocated from Revenue Sharing Funds) to pay total cost of building for the FREE CLINIC at the GIRLS' CLUB which will provide adequate quarters was presented. There was discussion. The City Manager was asked if there was money available for this. Moved by Morgan, seconded by Camacho, this recommendation be approved and put the Boys Club's request on the agenda for next week. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. REPORTS CITY MANAGER OSBURN said he presented a copy of the Public Works Plan to the Council and requested Council approval so the architect can finish the project. Moved by Morgan, seconded by Pinson, this plan be approved as presented by the City Manager. City Manager Osburn said there is 4.2 acres there; he feels that is adequate. Carried by unanimous vote. CITY MANAGER OSBURN requested Council adopt the BUDGET; it is the same as the temporary or preliminary budget; it has not been changed in any respect. Moved by Morgan, seconded by Camacho, Council adopt the budget, Carried by unanimous vote. A PLANNING DEPARTMENT transmittal regarding application for waiver of REQUIREMENTS OF INSTALLATION OF ONE-HALF STREET PAVING at 220 West 14th Street (Donald D. and Frederick C. Chase) and stating the Planning Commission recommended this be granted was presented. Vice Mayor Pinson said he would like to see the word "waiver" changed to read "deferred". Moved by Pinson, seconded by Reid, in favor of the Planning Commission's recommendation and the word "waiver" be changed to "deferred" and include they would not protest a 1911 Act. Carried by unanimous vote. A PLANNING DEPARTMENT transmittal regarding application for EXEMP- TION FROM REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER AND SIDEWALK 10/2/73 186 at 1815 Division Street (Mr. and Mrs. Virgilio Perez) and stating the Planning Commission recommended the application be approved based on a recommendation by Engineering was presented. Planning Director Gerschler said the Planning Commission recommended that the deferral or exemption on Division be granted and that the improvements on Delta Street be required. Moved by Waters, seconded by Camacho, in favor of the Planning Commissionts recommendation regarding application by Mr. and Mrs. Perez. Moved by Pinson, seconded by Reid, the motion be amended to use the word "deferred" instead of the word "exem tion" and the not ob'ect to a 1911 Act. Amendment to motion carried by unanimous vote. Original motion carried by unanimous vote. A PLANNING DEPARTMENT transmittal regarding application for DEFERRAL OF SIDEWALK, CURB, GUTTER, AND ONE-HALF STREET PAVING at 823 West 17th Street (Scrap Disposal) and stating the Planning Commission recommended the application be approved subject to the three Engineering recommendations and the improvements be deferred for six months or until disposition is made on 17th Street closing, whichever comes first, was presented. Moved by Morgan, seconded by Camacho, the Planner's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. COUNCIL L COIVMUNICATI ONS COUNCILMAN WATERS said he has one item; he saw on the front page where the Mayor is fighting to save houses in the City; it appears that the other Councilmen basically go along with developers; he would like to straighten this out; (Mr. Gerschler posted a map on the display board) there is no one cracking down more than he is and he would like to take the credit for knocking out at least 600 units from the City; in July 1972 when Council was getting con- cerned in relations to R-1 property, comments were made that there was no place for the kids of the future to live because we were not building any more R«1 homes; in fact, the whole year we built about 3 or 4 R-1 houses in the whole City; he will go back to July 1972, we had three open spaces here that could take an average of any- where from 18 to 25 R-1 homes; just this last week, one of them was wiped out on Sweetwater Road; (the yellow colored area on the map indicating R-1 areas) there should be three yellow zones on there; the map is almost as yellow as the yellow zones are. Planning Director Gerschler indicated the yellow zones on the map and said there is one between Plaza and 8th, one on east side of 18th Street. Councilman Waters said this will be our last opportunity; we only have two left; there was three; he would like Council to go out and look at these sites if they don't already know them. Moved by Waters, seconded by Pinson, these two sites be set aside for R-1 homes here in the City of National City and the matter be referred to the Planning Commission (amended motion). There was discussion. Carried by unanimous vote. MAYOR MiORGAN said that first resolution, he voted "no" on it; he did not say anything about it but there is going to be a lot of apartments going in also on Park and Las Palmas there would be a good lot; it was zoned park land; you changed the General Plan to let them build apartments there; that would be a good place for R-1 too. Councilman Waters asked if that could also be held over for one week; there is a possibility there. Councilman Waters asked the City Attorney how this could be handled? this has already been voted on, could that be held over for one week? City Attorney McLean said you could make a motion to rescind the adoption of that resolution 11,179. Moved by Waters, seconded by Morgan, in favor of rescinding that Resolution 111 179 for one week and it be put back on the agenda next week. There was discussion. Carried by unani- mous vote. 10/2/73 187 COUNCILMAN CAMACHO said with Council's permission, since he is a member of the Casa Board, he would like to get the committee started and call a meeting...Moved by Morgan, seconded by Waters, Council ARIWICLEISTEISLUIEL.geTiLi21.S.LULSAgLWgetina and ao ahead with the building of the Casa. Councilman Reid said he would like to put an amendment to that motion that he call these meetings as he sees necessary and he don't have to have the permission of this Council. Councilman Waters asked Councilman Camacho if he would feed Council information. Councilman Camacho said he would bring a report every - time. Carried by unanimous vote. MAYOR MORGAN recommended the appointment of James Graham, 1512 "E'T Ave., to the TREE COMMITTEE. Moved by Waters, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote MAYOR MORGAN said since Chula Vista does not want the fill that is going to be taken out of the Bay; it is going to be dredged by the Army Engineers so the deep water in Sweetwater River in National City; there is a lot of excess dirt here; he would like the backing of Council that we authorize the Manager and the Attorney and the staff to work on this with the Port engineers that we will take the dirt on the 308 acres in the South Bay. Moved by Waters, seconded by Reid, in favor of the Mayor's recommendation. Carried by unani- mous vote. MAYOR MORGAN said we have a problem and he has asked the City Attorney to draw up an emergency ordinance; in the City of San Diego, the massage parlors are closing down and some of these people are looking for a way to hold their business; we have a company that is an escort service; what this service does is have an office in the City of National City; they won't handle any girls in the City; they won't have them in the office; they won't have them out of the office; they will use it for telephone service; if anyone needs one or fifty or twenty or one hundred young ladies, or old ladies, or whatever they request, they call this phone number and from our City they send out whatever service they need; he thinks Council should...enact this ordinance so we could stop this kind of service in National City. Moved by Morgan, seconded by Camacho, to adopt this em9ergency ordinance the City Attorney has prepared. Moved by Camacho, seconded by Reid, this ordinance be read to Council by title only. Motion to read by title carried by unanimous vote. ORDINANCE NO. 1388 (Emergency Ordinance) , "AN ORDINANCE AMENDING DIVISION 2 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD CHAPTER 26 REGULATING THE ESCORT SERVICE BUSINESS." There was discussion. City Attorney McLean said this ordinance will require anyone who wants to operate that kind of business to get the necessary permit from the Police Department, Motion to adopt ordinance carried by unanimous vote. Moved by Morgan, seconded by Waters, Council authorize the Planning Commission to take this problem under advise- ment and come back with a permanent ordinance for it. Planning Director Gerschler said before we get the Planning Commission en- tangled in that, he thinks perhaps this is mainly a licensing type of ordinance beyond the normal jurisdiction of the Planning Commission. There was no vote on this motion. HEARING The HEARING on the Resolution GIVING NOTICE OF THE PROPOSED ANNEX- ATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'KEEGAN, ET AL, ANNEXATION' was held at this time. City Clerk Campbell stated the Certificate of Publication is on file; no protests were received. The Planning Department transmittal recommending Council proceed with annexation and that the area be zoned C-3, General Commercial] by interim zoning ordinance was presented. Planning Director Gerscbler said the Planning Commission recommended you proceed with the annexation; you 10/2/73 188 have the approval of LAFC0 and the Board of Supervisors; unless there is testimony in opposition tonight, your approval would be the last step necessary to bring this into the City. No one was present to speak in thisregard. Moved by Waters, seconded by Camacho, the public hearing on the proposed annexation be closed and Keegan Annexation be approved and all stipulations of staff be adhered to. There was discussion. Carried by unanimous vote, Moved by Camacho, seconded by Reid, the meeting be closed, Carried by unanimous vote. The meeting closed at 8:30 p.m. City'JClerk ity of Nationa City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 9, 1973. No corrections Corrections as noted below Mayor, Cit ational City, California 10/2/73