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HomeMy WebLinkAbout1972 01-04 CC MIN33 MINUTES OF THE REGULAR MEET I NG OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 4, 1972 The regular meeting of the City Council of the City of National called to order at 7:30 p.m. by Mayor Morgan. City was ROLL CALL Council members present: Reid, Waters, Hogue, Morgan. Abse:Administrative officials present: Gerschler, �Minogue, CivilnEn Engineer As ho iate Onlgy, Osburn, Stenberg. g�neAssoc- SALUTE TO FLAG AND I NVOCAT I ON The meeting was opened with salute to the Flag led by City Mana urn followed with invocation by the Rev. Ted HicksCalvary , Baap ti gerst Church.Os APPROVAL OF MINUTES MOVED BY WATERS, s-econded by Reid, the minutes of December 21 an 28 be a roved. Carried by unanimous vote. Absent: Camacho, d 'December COUNCIL COMMUNICATIONS MAYOR MORGAN said he had been a member of the EOC for several year Councilman Reid the alternate. The Mayor recommended the appointment s and Joe Reid as the member of EOC with himself as the alternate. Movedb of Waters, seconded by Hogue, Joe Reid be appointed member of EOC andby Morgan the alternate. Carried by unanimous vote, Absent : Mayor Camacho. MAYOR MORGAN introduced Miss Jr. Miss Debra Rae, 1972 of said this young lady has won just about every contest sheNhas oen t Ierere City, and San Diego was celebrating their 200 anniversary they held a Missct; when Jr. contest and, she won this for San Diego. Mayor Morgan recognized Bil Miss who handled this project for the Jaycees, 1 Sarati ORAL. COMMUNICATIONS JOE T[MINTING, 2601 First St., National City, announced a concert for the restoration of Granger Music Hall with Evelyn Rice, concert pianist Lewis' "Journey of Yesteryear". He invited the Council to atten &Howell d. ADOPTION OF RESOLUTIONS MOVED BY COUNCILMAN HOGUE, seconded by Waters, the reso u ' title. Carried by unanimous vote. Absent: Camacho. 1 t ions be read by RESOLUTION NO. 10,542, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FUND TO GAS TAX FUND 2107" Moved by Waters, seconded by FROM GENERAL , Resol No, IO 542 be a pproved. Carried by unanimous vote. Absent: Camachoution RESOLUTION NO. 10,543, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Alley in Block 239 and 240, Assessment District No. 179)". Moved by Hogue, seconded by Reid, Resolution No. 10,543 be approved. Carried by the following vote,to-wit: Hogue, Reid, Waters. Nays: None. Abstaining: Morgan.Ayes: Absent: Camacho. RESOLUTION NO. 10,544, "RESOLUTION URGING CONTINUED EFFORT TO SECOND ENTRANCE IN THE VICINITY OF SILVER STRAND TO SAN DIEGO CONSTRUCTMeA by Waters, `seconded by Reid, Resolution No. 10 544 be a ro BAY". Moved the following vote, to -wit: Ayes: Reid, Waters, Morgan. dads: Hogue. by Absent: Camacho. Y . Hogue CITY ATTORNEY MCLE.AN stated he did not have the documents for Resolution No. 10,545, Moved by Waters, seconded by Reid, Resolution No. 545 laid over to the next re ularl scheduled meetin o Carried b 1Y unnanimnimbe vote. Absent: Camacho. ous 1/4/72 34 RESOLUTION NO. 10,546, "SOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Harold J. and Jeanece Varndell, 1318 'K. Avenue)". Moved by Reid, seconded by Waters, Resolution No. 10,546 be ARRE2y11. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 10,547, "RESOLUTION COMPROMISING CIVIL SUIT (Russell vs. City of National City, Superior Court No. E 321778)". Moved by Waters, seconded by Hogue, unanimous vote. Absent: Camacho. ADOPTION OF ORDINANCES MOVED BY HOGUE, seconded by Waters, the ordinances be read by title. Carried by unanimous vote. Absent: Camacho. ORDINANCE NO. 1294, "An Ordinance Amending Ordinance No. 1138 Relating 'To Requirements to Engage in the Business of Tattooing". Moved by Hogue, seconded by Reid, Ordinance No. 1294 be adopted. Carried by unanimous vote. Absent: Camacho. Ordinance No. 1295, "An Ordinance Repealing Ordinances 243, 363, 380, 851, 1260 and Establishing Regulations for the Installation and Removal of Side- walks, Curbs and Gutters and Providing for Builders to be Licensed, Permits and Inspections upon any Public Street or Alley within the City of National City and Providing for Authority for Encroachment in Public Rights -of -Way and Providing for Penalties for Violations Thereof". Moved by Hogue, seconded by Morgan, Ordinance No. 1295 be adopted. There was discussion. Motion failed by the folicwIng vote, to -wit: Ayes: Hogue, Morgan, Nays: Reid, Waters. Absent: Calacho. Moved by Hogue, seconded by Morgan, Ordinance No. 1295 be put the agenda for next week. Motion failed by Absent: Camacho. the following vote, to -wit: Ayes: Hogue, Morgan. Nays: Reid, Waters. ORDINANCE NO. 1296, "An Ordinance Amending Ordinance No. 962, Zoning Ordi- nance of the City of National City, California (Zone Change No. ZC-86-71 to Establish a Height Regulation Combining Zone on all C-2-PD and R-4-PD pro- perties East of Harbison Avenue between Division and pith Streets)", Moved by Waters, seconded by Reid, OrdinanceNo.1296beadonted. Carried by unanimous vote. Absent: REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN stated he had received a letter from the County Counsel' office concerning the redistricting suit which he distributed to the Council; when we receive the written opinion he will give that to Council so they can decide what further role he would play in the case. CITY ATTORNEY McLEAN said that Council has indicated there will be bond measures on the ballot for the Municipal Election and recommended they em- ploy Attorney Warren Beebe of Los Angeles who has been the City Bond Counsel for many years to assist in the preparation and review of our Bond proceed- ings; if Council agrees, he will ask Attorney Beebe to send a letter of employment to the City. Moved by Reid, seconded by Waters, that Council a rove City Attorne 's recommendation. There was discussion. Carried by unanimous vote. Absent: Camacho. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,391.07 Traffic Safety 4,150.03 Capital Outlay 51,840.00 Park 389.93 Gas Tax No. 2106 9.67 HUD WS 422 111,823.77 Special Street 395.00 Sewer 209.62 Total 176 209 09 1/4/72 35 Moved by Hogue, seconded by Reid, these bills be aid and warrants drawn. Carried by the following vote, to -wit: Ayes: Hogue, Reid, Waters, Morgan. Nays: None. Absent: Camacho, PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $126,550.95 was presented. Moved by Reid, seconded by Hogue, this a roll be aid. Carried by the following vote, to -wit: Ayes: Hogue, Reid, Waters, Mbrgan. Nays: None. Absent: Camacho. NEW BUSINESS A communication from the PRESIDENT, CHAMBER OF COMMERCE recommending Council consideration be given to setting up extracurricular recreation facilities under joint powers agreement with Sweetwater High School was presented. There was discussion. Frank Lowery, President, Chamber of Commerce was present and said he thought there were two problems: (1) the organization of the recreation and (2) the maintenance of the areas involved. There was further discussion. Moved by Morgan, seconded by Hogue, that we authorize the Cit Dana er to check into this and see if it can be worked out better. Carried by unanimous vote. Absent: Camacho. A communication from the POLICE CHIEF requesting updating of ordinance dealing with licensing and riding of bicycles was presented. Moved by Reid, seconded by Waters, ILEEalisgief's reouest be -ranted. There was discussion. Carried by unanimousvote. Absent: macho. The minutes of the regular meeting of the LIBRARY BOARD OF TRUSTEES on December 1, 1971, were presented. Ordered filed by unanimous vote. Absent: Camacho. REPORTS CITY MANAGER OSBURN stated he met with two communication specialists from the County of San Diego and was requested to notify them as to whether or not he had permission to install a microwave communication system on top of the Civic Center; the requirements will be a small metal building similar to the one on the roof top now which will contain some electronic equipment and a parabolic antenna on a 25 foot mast. The City Manager said the County applied for funds for the County microwave communications system and if this request is granted they will start installation sometime the later part of this month and will be through within 90 days; the whole communications system is for handling the Fire Chiefs, Police Chiefs, and City Managers to be able to communicate with each other in the County on a common frequency to each other all at one time or singularly. City Mana- ger Osburn recommended the City authorize him to spend $200 or less to in- stall the small building on the roof of the City Hall; this will be our only expenditure. Moved by Waters, seconded by Hogue, the City Mana er's recommendation be roved. Carried by unanimous vote. Absent: Camacho. CITY MANAGER OSBURN reported receipt of a handwritten letter from Evelyn B. Williams, 441 Orrell Drive, National City, regarding a swimming pool dumping water on the street and asking for the holes in the street to be repaired. Moved by Morgan, seconded by Waters, the City Manager be author- ia2211LISSill.0e holes in the street. There was discussion. Carried by unanimous vo----)sentraacho. HEARINGS HEARING ON APPLICATION FOR ZONE VARIANCE Z-89-71 (REQUEST FOR REDUCTION IN REAR YARD SETBACK FROM 25' to 19z' AT 2939 PLAZA BOULEVARD--DeQUIROZ), was held at this time. CITY CLERK MINOGUE stated a protest by BEN DE QUIROZ, and the PLANNING COMMISSION recommendation were attached to the agenda and notice of this hearing was sent to the adjoining property owners. Planning Director Gerschler reported this property is located in the R-1 zone on Plaza Blvd.; under a previous permit issued by the Building Dept. an open unenclosed patio was constructed on the back of the single family residence; the zoning code provides that the enclosed patio could extend back to then 10' of the rear of the yard line. Mr. Gerschler said the patio was built and it is 19'6" from the line and gives it plenty of clearance; the property 36 owner asked for a build-ri permit to enclose the walls of this enclosed patio without changing the roof at all; the Building Inspector on a memoran- dum dated November 24, a copy of which was forwarded to you, made a finding that the proposed enclosure would make this in fact a habitable room, no longer a patio; under that definition the zoning code requires 25' rear yard set back, only 19' exists, so there would be 51 of encroachment into the required 25' rear yard set back; they were advised the probable solution would be to apply for his 2°44 variance, which he did; the Planning Commission gave notice and conducted hearings on the variance and operating within the limitations of the State Law, I told the Planning Commission that they can only grant zone variances where they can find special circumstances exist that apply to this property that does not apply to other properties in the same zone; the Planning Commission examined that question carefully, and they find that there were no special circumstances which would justify the variance, and on that basis only they denied the variance; the applicants have appealed the variance to the City Council, you set the matter for hear- ing, given notice, you now have before you the variance. There was discussion BEN DE QUIROZ, 2939 Plaza Blvd., was present and said he knows of one house that requested two zone variances, two not one, and they were approved; his children need somewhere to play and maybe a study room; he has four children including a little girl and wants her to be separated. Mr. De Quiroz said what he is asking for is that his patio has been built and he wishes to en- close it; when it is enclosed, it will be a play room and he will sign the affidavit that he will never use it in any way for an tagibigg6trawsitd would be especially a playroom. LARRY BURKE, 3014 E. llth Street/ /10 lives on the other side of the drain ditch that was talked about, the ditch sep- arating both; his fence fl,.:a ivy growing on it and he can't even see the ditch or across it; witn tne ditch in there the setback isn't going to hurt anything. DAVID WIGNAL, 13 "J" Ave., was present and said he lived on E. llth Street for about 12 years and he was there when the ditch was nothing but a hole and moved there when the houses first went in; there are 2 or 3 houses in a row that encroach the 25' easily to the boundary; some people added patios or the garage went back and people moved in and out of there and they had put in all kinds of things on that line; enclosing this patio isn't going to damage City property or the hideous looking ditch; it should be covered over with something. Moved by Morgan, seconded by Reid, the hearin be closed and the re uest be ranted. There was discussion. Carried by the following vote, to -wit: Ayes: Reid, Waters, Morgan. Nays: Hogue. Absent: Camacho. Moved by Reid, seconded by Waters, 112222!Iin9be adjourned Carried by unanimous vote. Absent: Camacho, The 11ti7n6c:T.,:3;r8=t8:24 p.m. City Clerk 1 City of National Cit , Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of January 11, 1972. LD El No corrections Correction as noted below Mayor, Ci lational City, California 1/4/72 •