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HomeMy WebLinkAbout1972 04-25 CC MIN145 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCI L OF THE CITY OF NATIONAL CITY, CALIFORNIA April 25, 1972 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, Waters, Morgan. Absent: Reid. Administrative officials present: Foster, Gerschler, McLean, Minogue, 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 Pastor Phillip Larson. APPROVAL. OF MINUTES Moved by Waters, seconded by Pinson, the minutes of the re ular meeting of A rj 18 1972 be_amroved. Carried by unanimous vote. Absent: Reid. COUNCIL COMMUNICATIONS COUNCILMAN PINSON spoke in regard to complaints from several citizens that packs of dogs were running loose and that there was no control whatsoever on cats; and asked the City Manager if there was anything that could be done. City Manager Osburn said they were covering the City one man at a time during the daylight hours for the dogs; for cats, there is no requirement that they be licensed; they are very difficult to license; a dog can be caught but a cat is almost impossible without a trap. COUNCILMAN PINSON spoke in regard to Council action on recommendations from committees and the commissions; instead of a motion to file, he would suggest some action be taken; some of the people on the committees are of the opinion they are sitting on these committees for no reason; they are just there and the Council takes no action on their recommendations. Mayor Morgan said they recently established a policy to have the Manager make his recommendation on the minutes; anything on there he thought objectionable he would make a recommendation against or for it; they were following that procedure. City Attorney McLean said the question came up in reference to the Traffic Safety Committee minutes; he asked the Council the same question and they voted unanimously when they voted to file the minutes of a committee which contained the recommendations, filing meant approving the committee's recommendation. COUNCILMAN PINSON said Sgt. Brown has a big job; he helps the kids cross the streets, he tries to teach them safety, and this seemed to be too much for one man to handle (Planning Director Gerschler left the Council Chambers at 7:40 p.m.); and asked if they could get a PEP employee to assist him; he needs some help; he can't cover all of these crosswalks; could a PEP employee do the job or what could be done about this? City Manager Osburn said they could try a PEP employee; however, this program was supposedly over in October; by the time they would be getting any use out of him in training, etc., it would probably be over; they could hire more men but it takes more money. CITY CLERK MINOGUE read the proclamation "LOYALTY DAY" (on or near the first day of May, 1972) . Moved by Camacho, seconded by Waters, the proclamation be adopted. Carried by unanimous vote. Absent: Reid. ORAL COMMUNICATIONS 4/25/72 146 THOMAS F. PARKER, PRESIDENT, NATIONAL CITY KIWANIS CLUB, was present and reported one committee within their club was concerned with ecological imbalances of man and prepared a report on National City. Mr. Parker read the report and distributed copies to the Council. Moved by Morgan, seconded by Waters, the City Manager and Attorney work out the paper work and the rules and„regulations of an Environment Committee and bring back a report to the Council. Carried by unanimous vote. Absent: Reid. CORKY McMILLIN, 41 E. 25th Street, was present and said he owned considerable property in National City and was interested in its future; he read some of the things that were discussed in Council last week as reported in the paper; he read that the Planning Department was going to make a recommendation to the Council to review open space, building residential control, parkways, signboards, torn down buildings and bad roads; he supported all of this 100% but he was a realist; all of this ecology -free, pollution -free City costs money; open space costs money; also, he read that the City Manager was reviewing the City budget and it was at a considerable increase as every- thing was, the Planning Department being one of the major ones. Mr. McMillin recommended in their study of the budget they consider hiring the services of an economic expert who when these good ideas were brought before the Council (open space, parkways and streets and demands on the public, planning of parkways and doing away with older buildings) the economic effect be studied as to whether it was detrimental to the people or an asset to the people; and he wondered if the people could afford it. MRS. ALINE KEARNS, 3444 Tolas Court, was present and said Sae was the unfor- tunate owner of a house with an easement beside it; she was told by Mayor Morgan that use of this easement was to be a temporary arrangement until the sidewalks were built for the children going from Williams Manor to the Ira Harbison School; the sidewalks have been finished well over a year and now the reason for keeping this easement open was the fact it wasn't safe for the children to go to school because of the 50 mile speed zone; to begin, she didn't understand about the sidewalks because they end about 1/8 mile from the school; this was not only a walkway beside her house for school children but it seemed to be a foot path for anyone who wanted to take a shortcut; the school was going to be there a long time and she hated to think this easement was going to be there that long; she has had to stop men on motorcycles from going throught there using it as a regular road; they also marked up the walls of her patio and they walk on top of the walls; they throw trash over into their patio and they have thrown stones against the enclosure of the patio on the screening; they close the gates on weekends at 4:30 p.m.; many times there are programs at the schools that last much longer than that; therefore, they have many children who come to the gate and it is closed; they either have to turn around and go home some other way or they climb over the fence; some manage to put their bicycles over the fence also; climbing over the gate was a disturbing factor they have to put up with all summer; with school children coming and going there was constant litter of orange peel, papers; she was sure if she wanted to sell her house it would hurt the sale very much; and asked if there was some way of building an overpass or covering over the culvert that was behind their house. Mrs. Kearns said she would like to see something done before the next session of school; otherwise, perhaps a judge could decide whether the City of National City had the right to take some of the land she had pur- chased and use it as they saw fit for an indefinite period of time. SAMUEL SIKES, 1311 E. 1st Street, was present and said he understood they were preparing a proposed amendment to 962, City Zoning Code, for residential R-4; he understood they were going to ask for 100 sq. ft. per unit for recreational area; he would like to see 50 ft. and see 2 parking spaces per unit instead of 1.5 per unit as proposed now; he lives down the street from apartments on Laurel; there were 8 units put up there on the corner (131 Lath;el Street) and he understood there would be 62 units going up shortly; at the time it was approved there was one parking area per unit; they are parking on the street now, some of the 8 units in 'there now; if this man puts in these new units with just one parking for each they will be 4/25/72 147 parking on the street; his family was a small family and they have three automobiles; he was sure most people have at least two. Mr. Sikes said he would circulate a petition among his neighbors; the proposed amendment for 962 was much more lenient than the Chula Vista zoning ordinance. There was discussion. Moved by Morgan, seconded by Waters, this 62 be brought ba .. to the Cit Council for review and no emit be issued until such time. Carried by unanimous vote. Absent: Reid. RICHARD LINDSAY, Vice -President, Senior Class, and DIANA SMITH, Secretary, Senior Class, were present and said they were representing the Senior Class at Sweetwater High School. Miss Smith said they were presenting "Bye, Bye, Birdie" May 4-5-6, 8:00 p.m., in the gymnasium at a cost of $1.50. Compli- mentary tickets were presented to Mayor Morgan. JESSE RAMIREZ, 421 W. 16th Street, was present and said the issue discussed last week in regard to cable television left quite a few questions in his mind; he was concerned regarding the rapidity with which this matter was consummated last week; he was concerned that two of the councilmen wanted to elaborate a little bit on it and it was very arbitrarily handled in his estimation; he was concerned if the area in which he lived was going to be serviced by cable television; he would like to know if they were still doing business with the original grantee of the license; he understood the licensee at one time was Area Cable Television, Inc. and they were now doing business with Mission Cable TV; one of the stipulations on that license was it was not to be sold, transferred, etc.; he understood there was a name change which took place but he wondered because he had reason to believe that the change was in effect a sale, that Area Television was in fact sold to a parent organization and then the name changed to Mission; then perhaps that was a violation of the contract. HEARINGS The HEARING ON THE INTENTION TO VACATE AND CLOSE A PORTION OF "F" AVENUE FROM THE SOUTHERLi LINE OF 13TH STREET TO THE NDRTHERLYLINE OF 14TH STREET (HENRY W. TAYLOR) was held at this time. City Clerk Minogue said the notices of publication and posting were on file. Planning Director Gersch- ler said the Planning Commission made a thorough study of this case involving all City departments and public utilities; they found that as a result of the study that this street was no longer needed and had no contemplated future need; they recommended the street be vacated subject to compliance with the six conditions set forth in the transmittal. No one was present in this regard. Moved by Waters, seconded by Camacho, the vacation and cl��o„sino of "F" Avenue from the southerly line of 3th Street to the norther- 1 line of loth Street be a roved for Henr W. Ta for and the hearin be closed. Carried by unanimous vote. Absent: Reid. The HEARING ON THE PROPOSED AMENDMENT TO ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, TO ESTABLISH RESIDENTIAL DEVELOPMENT STANDARDS FOR ALL ZONES WHEREIN MULTIPLE RESIDENTIAL USES ARE PERMITTED AND TO ESTAB- LISH SITE PLAN REVIEW PROCEDURE THEREFORE was held at this time. City Clerk Minogue stated the Planning Commission recommendation was attached to the agenda and the Notice of Publication was on file. Planning Director Gersch- ler said last October the City Council appointed a special committee of citizens to study the question of apartment house development standards in National City; that committee was appointed by the Mayor and went to work immediately; over a period of months they held many meetings, the minutes of which had been forwarded to the Council from time to time; the Committee had two objectives: the first, to attempt to recommend to the City Council some zoning regulations that would tend to improve the design, utility and appearance of apartment house projects in National City; the second objective was to keep their recommendations within the bounds of reality; Mr. Mc- Millin's comments were appropriate to the committee discussions at their meetings. There was discussion. ALL BEAUCHAMP, 1123 Manchester, was present and reported on a survey of car ownership of the tenants of 350 apartments; some had three, two or one; some had none; the total number of parking spaces required was 350. JESSE RAMIREZ, 421 W. 16th Street, was present 4/25/72 148 and asked if they took into consideration those areas zoned for other than residential use in their study; in other words, people who are residing in non -conforming use in residential or commercial properties. There was discussion. MRS. DORIS SIKES, 1311 E. 1st Street, was present and said she thought Mr. Beauchamp's survey was more the exception than the rule; there were very few families today that had less than two cars. LLOYD HILL, 41 E. 25th Street, was present and said he would like to agree with the Committee's recommendation on parking in particular and with the Mayor; he thought that rather than have parking spaces which wouldn't be used on this 2-1 ratio the Planning Commission was talking about, he would rather see it as open space and beautifying the apartments and the area rather than asphalt and unused parking spaces. CHARLES MICONE, 440 Plaza Boulevard, was present and said these gentlemen all want to talk about how much space they could save; around 18th Street and 16th Street the streets there look like parking lots because they haven't sufficient parking for the people living in the apartments. There was further discussion. DARRYL GORHAM, 538 "C" Avenue, was present and said he agreed with Mr. Morgan and Mr. Gerschler; Mr. Morgan has made a point that they need to work for the children now; parking was really a minor problem compared to the children; what they were forgetting now was they were down to the last ounce of ground; they need all of this last land they have. JIM BASHER, 1513 Hoover Avenue, was present and said he thought the Mayor was forgetting just recently they passed an ordinance saying they had to pay $75 for every unit they build for a play- ground and recreational area for these people; as a builder, he was for their 100 sq. ft. for open space, but he thought now they were even talking now about more open space; he would like to know what they were doing with their $75 a unit they have been collecting for this last 6 months or so and how it was being put to use and if they were doing their homework in regard to providing for facilities for children, recreation and so on. GLADYS DICKSON, 2745 E. 14th Street, was present and said as she understood it when they build an 8-unit there was just a 1-1 parking and inquired if the new ordinance would take that out. There was discussion. AL BEAUCHAMP asked if parking spaces had been considered for studio apartments; he knew there were plans for studios in the City of National City; he would urge the Council to possibly allow studios of 1--1 ratio due to the fact stuios were designed for one person basically. Mr. Beauchamp said in regard to the Park and Recreation Fund; recently they purchased their permits to construct 142 unit complex at Euclid and Plaza; out of that permit fee $10,600 went to the Park & Recreation Fund and $3,000 was for the actual building permit; in the proposed plans the cost of the recreational facilities which included sauna baths, pools, rec hall, gymnasium, supplied with equipment, etc., lawns, barbeque pit, open space, there was a cost of $55,000 for this set aside recreation facilities; this was in an R-4-PD which meant Planned Development which he thought was extremely unfair to put this surcharge (they would call it) on a planned development; when you have strictly an R-4 property he had no reservations; you should be charged $75 per unit but when you put the property into a planned development and require the recreational facility he believed it should be waived, the $75, because he found you spend much more than the $75 per unit and he could verify these figures with their bids and cost breakdowns. Moved by Waters, seconded by Camacho, the,public hearin be closed and the ro sed amendment to Ordinance No. 962 to estab- lish residential development stand ds for all zones wherein multi le residential uses are rmitted and o establish site lan review procedure and to amend the parking from 2-1 to 1.3 forone-bedroomand studio apart- ments and 1..5 for two -bedrooms and up. Carried by unanimous vote. Absent: �11■YYY■rl YYYrq YrYYrrr�■Y■YY■YIYrYY■YYlirl�.r■Yrl r +.■r ■ Reid. The HEARING ON THE PROPOSED PREr-ZONING TO R.-4.PD (MULTIPLE FAMILY PLANNED DEVELOPMENT) OF THE PROPOSED LAS PALMAS ANNEXATION (SOUTH SIDE OF 24TH STREET BETWEEN LAS PALMS PARK AND PROPOSED HIGHWAY I..805 FREEWAY) was held at this time. City Clerk Minogue stated the Planning Commission recommen- dation was attached to the agenda; notice of the public hearing by the Local Agency Formation Commission upon application for annexation of territory to the City of National City (Las Palmas Annexation), would be held May 1, 1972, 9:00 a.m., Room 358, County Administration Center; the 4/25/72 149 notice of publication was on file. Planning Director Gerschler said they had transmitted to the Council the Planning Commission recommendation that this proposed zoning be approved; they found among other things that the proposed zoning was consistent with the adopted General Plan for National City and the development for the property for R-4-PD would be more in keeping with the situation in the area; the Local Agency Formation Commission hearing on the annexation will come next month as the City Clerk indicated; if the City Council wishes to approve this pre -zoning case, the zoning would not become effective until after the property was annexed to National City; the first of the pre -zoning hearings was to determine what was the best and highest use of the property would be after annexation and was a procedure urged and recommended by the Local Agency Formation Commission. City Manager said the Local Agency Formation Commission and representatives of the special districts have asked him to meet with them regarding National City being prepared to enter into an agreement with the Lower Sweetwater Fire District to furnish fire protection for a part of the area; he didn't know the parti- culars of it yet but they will call the meeting on the 3rd and he will report back to the Council; LAFCO feels that the tax base of assessed evaluation of the fire district has been cut so much by annexations that their fire district tax was getting high; this year he thought it was 1.464 for fire protection alone and they feel there will be more annexations in the future; National City should be prepared to take over part of their fire protection duties. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing b_e closed and theproposed re-zonin to R-4-PD Multi le Family Planned Development Zone) be approved and they refer this to the City Attorney for n aordinance. Carried by unanimous vote. Absent: Reid. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, the resolutions be read by title. Carried by unanimous vote. Absent: Reid. RESOLUTION No. 10,637, "RESOLUTION DIRECTING ENGINEER 10 FURNISH PLANS, SPECIFICATIONS AND ESTIMATES ('N' Avenue, 'M' Avenue, 'L' Avenue and 26th Street, Assessment District No, 171)". Moved by Waters, seconded by Pinson, Resolution No. 10,637 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,638, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GIRL'S CLUB OF NATIONAL CITY FOR USE OF PROPERTY ADJACENT TO THE GIRL'S CLUB." Moved by Camacho, seconded by Waters, Resolution o. 10 638 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,639, "RESOLUTION RELEASING THE LIEN OF THE LIS PENDENS FILED IN CONNECTION WITH THE C INDEMNATION OF THE PROPERTIES OF THE CALIFORNIA_- AMERICAN WATER COMPANY, ALLOWING SAN DIEGO CITY TO RELOCATE AND RECONSTRUCT A BRIDGE DAMAGED IN THE KITCHEN CREEK FIRE - JAPATUL VALLEY ROAD." Moved by Pinson, seconded by Camacho, Resolution No. 10 639 be ado ted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,640, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT ('N' Avenue, 'M' Avenue, 'L' Avenue and 26th Street, Assessment District No. 171)." Moved by Waters, seconded by Camacho, Resolution No. 10,640 be ado tamed-. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,641, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS ('N' Avenue, 'M' Avenue, 'L' Avenue and 26th Street, Assessment District No. 171).' Moved by Camacho, seconded by Waters, Resolution No. 10,641 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,642, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' ('Nt Avenue, 'M' Avenue, 'L' Avenue and 26th Street, Assessment District No. 171)." Moved by Pinson, seconded by Waters, Resolution No. 10642 be adopted, Carried by unanimous vote. Absent: Reid. 4/25/72 150 RESOLUTION NO. 10,643, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE ('N' Avenue, 'I' Avenue, 'L' Avenue and 26th Street, Assessment District No. 171) . " Moved by Waters, seconded by Camacho, Resolution No. 10,643 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION ND. 10,644, "RESOLUTION WAIVING REQUIREMENTS FOR INSTALLATION OF SIDEWALK (Garcia « 525 Rachael) ." Moved by Camacho, seconded by Pinson, Resolution No. 10 644 be ado ted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,645, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. 42 - North side of 18th Street 66 Feet West of Rachael Avenue, Bill Webb)," Moved by Pinson, seconded by Waters, Resolution No. 10,645 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,646, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RESCINDING RESOLUTION NO. 10,612, RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE LAND." Moved by Waters, seconded by Camacho, Resolution No. 10,646 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,647, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING APPRAISAL REPORTS, DETERMINING AND ACCEPTING THE FAIR MARKET VALUE OF LANDS TO BE ACQUIRED FOR OPEN SPACE LAND." Moved by Pinson, seconded by Camacho, R solution No. 10 647 be ado ted. Carried by unanimous vote. Absent: Reid. RESOLUTION ND. 10,6480 "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE LAND." Moved by Camacho, seconded by Waters, Resolution No. 10,648 be adopted. City Manager Osburn said he learned today there was a problem that may exist on this property (they will know when they get their title report back); there was a possibility that the use of this land was restricted for R-1 or agriculture and they understand the restriction may run for four more years; however, the Attorney has informed him that if they file a condemnation they could get the land free and clear of an encumbrance; after, chect_k ng this and if the determine there is an encumbrance for the use of the land, he would like permission to file a condemnation suit to get the land free and clear; it was just a matter of getting the record cleared. Included in motion and second. Carried by unanimous vote. Absent: Reid. RESOLUTION ND. 10,649, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE WORKABLE PROGRAM." Moved by Waters, seconded by Camacho, Resolution No. 10,649 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION .ND. 10,650, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION (Plaza Boulevard Interceptor Sewer, Specification No, 768)." Moved by Pinson, seconded by Waters, Resolution No. 10,650 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,651, "RESOLUTION WAIVING REQUIREMENTS FOR INSTALLATION OF SIDEWALK (American Forest Products - 1640 Tidelands)." Moved by Waters, seconded by Camacho, Resolution No. 10, 651 be adopted. Carried by unanimous ■ i� i o u`a.+.■r■i r r wrr �� ■ � vote. Absent: Reid. RESOLUTION ND. 10,652, "RESOLUTION ORDERING REVIEW OF DEVELOPMENT PLANS FOR LOTS 27, 29, 31, 33 OF BLOCK 3 OF MAP 1404 PARADENA PARK TRACT OF NATIONAL CITY, CALIFORNIA AND SUSPENDING ISSUANCE OF A BUILDING PERMIT FOR SAID PROPERTIES PENDING REVIEW." Moved by Waters, seconded by Camacho, Resolution No. 10,c6 52 be adopted. Carried by unanimous vote. Absent: Reid. INTRODUCTION OF ORDINANCES ORDINANCE NO. 1306, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California, to Establish Residential Developmen~ 4/25/72 151 Standards for All Zones Wherein Multiple Residential Uses Are Permitted and to Establish Site Plan Review Procedures Therefore," was presented for first reading. Moved by Waters, seconded by Camacho, the first reading be by title.. Carried by unanimous vote. Absent: Reid. The title was read. ADOPTION OF ORDINANCES Moved by Waters, seconded by Camacho, Ordinance No. 1305 ("An Ordinance Amendin Ordinance 1224 to Delete Mobile Home Parks As A Permissible Use in the TCR-PD Zone") be laid over until the May 16 meeting. Carried by unanimous vote. Absent: Reid. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $7,101.38 Traffic Safety 532.15 Park 722.97 Gas Tax No. 2106 137.00 Gas Tax No. 2 107 462.71 Swim Pool Repair 43.06 Sewer 825.70 Total $9,824.97 Moved by Camacho, seconded by Waters, these bills be aid and w rrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Absent: Reid. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $12 5, 418.84 was presented. Moved by Camacho, seconded by Pinson, this payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Absent: Reid. REFERRALS The CITY MANAGER'S report in regard to the transportation request of MAAC was presented. RUDOLPH H. CALfl S, ASSISTANT ADMINISTRATOR OF THE METROPOLI- TAN AREA ADVISORY COMMITTEE FOR MAAC, 2653 Newton Avenue, San Diego, was present and said there was great need for the transportation of children of disadvantaged families. (City Attorney McLean left the Council Chambers at 9:00 p.m.); Mr. Calles said some of the trips planned are: to central San Diego to swim, fishing trip to Lake Murray, San Diego Zoo, Sea World, and Disneyland; this will be between June 26 and September 1 (City Attorney McLean returned to the Council Chambers at 9:01 p.m.). City Manager Osburn said that was his estimate of the cost was $800. Mr. Calles said they had seven planned trips which they had tickets for; there will be 500-600 children from National City. Moved by Waters, seconded by Camacho, the requestranted. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson. Absent: Reid The agenda listed an oral report by the CITY MANAGER in regard to the City of Oceanside's resolution authorizing the entering of agreements for joint purchases with other governmental agencies; also received and to be consider was the County Board of Supervisor's resolution approving low bidders for communications equipment and authorizing the purchase of certain equipment under terms of bids. City Manager Osburn said he would be back to the Council with a request for a resolution authorizing them to sign the joint purchase agreement; they have found a number of items which they could save money on; they certainly wouldn't purchase everything from them but would get some items through them. Ordered filed by unanimous vote. Absent: Reic 7/25/72 152 CITY MANAGER reported in regard to the request of Mrs. Kearns, 3444 Tolas Court saying he placed a copy of his letter to Mrs. Kearns on their desks; he feels they have some right in this easement since the subdivision map listed them as utility and public easements; this was their opinion at this time and he had informed Mrs. Kearns to this effect. There was discussion. UNFINISHED BUSINESS The Council considered the request of TERRY G. CRITCHFIELD for an on -sale beer license, Sampaguita Restaurant, 819 National Avenue, subject to condi- tions. The Police Chief's recommendation of March 16 stating no grounds for protest subject to conditions was presented. TERRY G. CRITCHFIELD, 4767 Guymon Street, San Diego, was present and said in his estimation what was referred to as a bar was a food service counter; he did contact Mr. Ger- schler of the Planning Department and he said he had his plans in the Planning Department and they were approved; in those plans he did have a food service counter and he didn't know the objection was going to be brought up concerning this food service counter at that time when he submitted his plans; if he had, he would have built around it; he had gone to great expens( before that time to install the counter; since that time he more or less canvassed the town and found there was a similar situation occurring only two blocks down the street in the saturated area. Moved by Pinson, Mr. Terry G. Critchfield's request be approved for an on -sale beer license at 819 National Avenue subject to the conditions of the Police Department. Motion died for lack of second. Planning Director Gerschler said the plans show what appears to be a restaurant operation; it had about 10 booths, possibly seating from 4 to 6 people each; in one corner of the larger room there is a counter showing approximately a dozen stools; the plans show the usual kitchen and storage ordinarily found in a restaurant; the staff researched the City Council's past action in similar cases and found they had attached conditions such as there should be no bar or counter over which the on -sale of alcoholic beverages shall be served to the public; secondly, that all live entertainment and dancing shall be prohibited; finally, the sale of alcoholic beverages shall be incidental to the sale of food. Planning Director Gerschler said the plans were in order and the Building Department concurs to the structural part. Mr. Critchfield said he agreed with what was said but he already has the food service counter installed; he just couldn't afford to remodel the place. There was discussion. Moved by Pinson, seconded by Waters, if Mr. Critchfield will adhere to all the stipulations set forth by the Chief of Police no live entertainment be maintained- no bar or service counter be installed• the sale of beer be in conjunction with the sale of food) this license be allowed (Amended Motion). Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Morgan. Absent: Reid. Mayor Morgan told Mr. Critchfield what he should do was come in and find out exactly what the Planner was proposing and the Chief. NEW BUSINESS The CITY CLERK'S report on the opening of sealed bids for six trucks, Specification No. 72-3 was presented. City Clerk Minogue stated the Certi- ficate of Publication was on file. City Manager Osburn said there appeared to be some conflict with these bids; he recommended they hold them over. Moved by Waters, seconded by Pinson, the Cis Danarecommendation be approved they hold these bids over. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER stating a bill from the Division of Highways in the amount of $12,290.12 as per agreement No. 11-0065 for pedestrian overpass, Freeway 805 and Newell Street into Las Palmas Park, was received and recommending it be paid was presented. Moved by Waters, seconded by Camacho, the Cit Mana er's recommendation be a roved the a this amount of 12 290.12 to the Division of Hi hwa s. Carried by unanimou. vote. Absent: Reid. 4/25/72 153 A communication from the NATIONAL CITY JAYCEES listing the itemized budget for the 1972 "Miss National City Beauty Pageant" was presented. Moved by Waters, seconded by Camacho, on the Natial Cit Ja cees bud et for 1972 "Miss National City" be accepted for $750. Carried by unanimous vote. Absent: Reid. An application for a new off -sale beer and wine license by JAMES E. CHENEWETH, SR., DBA CONSUMER MART, 2200 E. 7th Street, was presented. City Manager Osburn said the Chief of Police stated there was no grounds for protest. FRANK RICE, 2530 Hill Drive, was present and protested the issuance of the license. PASTOR LOCKE, PARADISE VALLEY SEVENTH --DAY ADVENTIST CHURCH, was present and protested the issuance of the license and stated he had a letter from Mr. Nelson, Principal of the San Diego Academy opposing the license. Moved by Waters, seconded by Camacho, the a lication for anew off»sale beer and wine license by James E. Cheneweth, Sr. dba Consumer Mart, be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Morgan. Absent: Reid. A communication from the CHIEF, AIR POLLUTION CONTROL SERVICE, stating the San Diego County Air Pollution Control District adopted Rule 66 restricting the sale and use of certain architectural coatings on and after July 1 and enclosing a copy of Rule 66 was presented. Ordered filed by unanimous vote. Absent: Reid. A communication from MAYOR, PETE WILSON, CHAIRMAN, STEERING COMMITTEE, THE URBAN OBSERVATORY OF SAN DIEGO, announcing a workshop 2:00 p.m., Wednesday, April 26, Room 2000, 202 "C" Street, was presented. Ordered filed by unanimous vote. Absent: Reid. The COUNTY BOARD OF SUPERVISOR'S resolution regarding the Environmental Impact Statement Policy and attaching Environmental Impact Statements were presented. Moved by Waters, seconded by Camacho, t,,,_ey oppose this recom- rriw..�rrrirr i � � .+�w...,.s mendation of the Count Board of Su ervisors and they set up their own re ulations in the communit on environmental im act lic and kee the home rule here. Carried by unanimous vote. Absent: Reid. A communication from the DIRECTOR OF BUILDING & HOUSING stating Building Permit No. 9954 was issued to the South Bay Historical Society and that it has been the policy of the Council to authorize permits for community service buildings located on City lands at nil fee and requesting ratifi- cation was presented. Moved by Waters, seconded by Pinson, the recommenda- tion of the Director of Building & Housing be approved they waive the fee permit No. 9954 for the South Bay Historical Society. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER in regard to the use of streets adjacent to the Casa de Salud for recreational programs and stating the programs will be abandoned unless the Council desires to continue was pre- sented. Moved by Waters, seconded by Morgan, this item be filed. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Pinson. Absent: Reid. A communication from the CITY MANAGER stating a group of teenagers has requested the use of the old supervisory station, El Toyon Park, as a teen center and recommending it be approved was presented. Moved by Waters, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER in regard to a communication from the State Lands Commission giving notice of proposed addition to the regulations of the State Lands Commission and City Manager's recommendation it be filed was presented. Moved by Waters, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER in regard to wage negotiations was presented. Moved by Waters, seconded by Camacho, the City Manager's 4/25/72 154 recommendation in regard towage negotiations be approved. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER making recommendations on the League of California Cities Legislative Bulletin No. 6, dated April 14, was pre- sented. (Planning Director Gerschler left the Council Chambers at 8:53 p.m.) Moved by Morgan, seconded by Camacho, the City Manager's recommendations be approved. Vice Mayor Waters asked the City Manager to explain Item 3 in Legislative Bulletin No. 6 dated April 14, 1972, regarding General Law Cities, "Police and Fire Protection Costs. Tax Rate Limit Removed. AB 1630 (Warren)". City Manager Osburn said there would be no limit on the taxes for these specific purposes; our General Fund under State law is limited to $1.00; we are now at $.59; he didn't feel this was much of a problem for the City since there is $.41 we can still go up and still remain within $1.00. Carried by unanimous vote. Absent: Reid. Moved by Waters, they oppose AB 1630. Motion died for lack of second. A communication from the CITY MANAGER recommending concurrence with recom- mendations of the Traffic Safety Committee minutes of April 12 was presented. Moved by Waters, seconded by Camacho, the City Manager's recommendat ion on the Traffic Safety Committee minutes be approved. Carried by unanimous vote. Absent: Reid. (Planning Director Gerschler returned to the Council Chambers at 8:55 p.m.) The minutes of the PARK & RECREATION ADVISORY BOARD meeting of April 17 were presented. Moved by Waters, seconded by Camacho, the minutes of the Park & Recreation Advisory Board be approved. Council discussed Colonial Ford's and Bobback's lights that shine in player's eyes at night in the ball park. Carried by unanimous vote. Absent: Reid. The request of MT. PISGAH BAPTIST CHURCH for sale of baked goods and religious records, South Bay Plaza; the report of the Business License Clerk and the License Collector's recommendation of approval subject to conditions were presented. Moved by Waters, seconded by Camacho, the request of the Baptist Church be approved so long as the South Bay Plaza doesn't object. Carried by unanimous vote. Absent: Reid. A notice from GREYHOUND LINES .. WEST of their application with the Public Utilities Commission for an increase of passenger bus fares, package express rates and interline package express rates, 15%, was presented. Moved by Waters, seconded by Pinson, this request, Item 17, the Greyhound Lines, be sent back to the Cit Dana er for a re ort. Carried by unanimous vote. Absent: Reid. A communication from the CITY MANAGER filing four items with the City Clerk: (1) Notice of Cancellation of Auctioneer's Bond No. 84 35 355 covering Kenny Gorham, 11541 Woodside Ave., P. 0. Box 59, Lakeside, from Fidelity and Deposit Co. of Maryland; (2) Certificate of Insurance from United States Fire Insurance Co. covering National City Rubbish Service, Inc., 1175 Highland Ave., Policy No. GA 61 97 29; (3) Letter from San Diego County Water Authority, 2750 4th Avenue, San Diego, dated 3/31/72, reporting Authority operations for the Month of March, 1972; (4) Minutes of the regular meeting of the Board of Directors, San Diego County Water Authority, dated 3/9/72, was presented. REPORTS CITY MANAGER OSBURN said in 1969 they bad some Division Street properties required for the widening and extension of Division Street from Highland Avenue to the Freeway near Palm Avenue; they had all of these properties appraised and at that time there was a parcel that had a 50' frontage on Highland Avenue with an older 2-bedroom house on it; it was appraised at $10,000; they approached the owner at that time and he wasn't interested in selling at that price; he was in his (City Manager's) office yesterday and said he would take $13,000 for it; since real estate has gone up like it 4/25/72 155 has, he would recommend the City pay him the $13,000 and acquire this necessary piece of right of way. Moved by Camacho, seconded by Pinson, the City Manager's recommendation boved t e a he a 13 000 for this right of way. Carried by unanimous vote. Absent: Reid. CITY MANAGER OSBURN reported receipt of a letter from Ernie Azhocar, Chair- man, Cinco de Mayo event, requesting $250 from the City to help defray the expenses of putting on the Cinco de Mayo; they gave $150 last year. Moved by Camacho, seconded by Waters, Mr. Azhocar's recommendation be approved they give $250 for this program. Carried by unanimous vote. Absent: Reid. CITY MANAGER OSBURN said he reminded Council sometime ago, of their policy of going 50-50 on the drain through major drainage areas, they had quite a project with the McMillin builders in the north section of town; he recom- mended they be authorized to go to bid for the Eta Street drainage over to the Fig Court drain and they will time their bids to go out with the McMillin Construction Co. (they have another project about the same size) and maybe get a little better price on those bids. Moved by Camacho, seconder by Pinson, the City Manager's recommendation be approved they c,to bid on the drains on Eta and Fig. Carried by unanimous vote. Absent: Reid. CITY CLERK MINOGUE reported receipt of (a) "Copy of Concurrent Reply Brief by the City of San Diego in the matter of the application of San Diego Gas & Electric Co. for authority to offset increased costs, increase its rates, etc." and (b) "The proposed amendments to the Constitution to the State of California to put on the ballot June 6." Ordered filed by unanimous vote. Absent: Reid. The PLANNING DEPARTMENT transmittal in regard to the City Council review of Development Plans for the proposed 96-unit apartment complex between 17th and 18th Streets east of Palm Avenue (B.L.B. Enterprises) was presented. AL BEAUCHAMP, 1123 Manchester, was present and said he would like to make a few comments on ordinance existing today and the ordinance that had its first reading tonight; he agreed with all the new ordinances; it will assist National City in better development; however, they were faced with a situ- ation where they do have existing ordinances and if they follow suit like the City of San Diego, when they adopt new ordinances, there is a 30 day period of time before it takes effect and everything which was in for plan check was accepted according to existing ordinance and voted on like the plans submitted. There was discussion. Moved by Morgan, Mr. Beauchamp get with the City Planner and the Planner will work out what he will approve and bring it back to the Council next week. Died for lack of second. There was further discussion. Moved by Morgan, they authorize Mr. Beauchamp to draw plans that will show three different units in this; in other words, instead of 32 units here and 32 units here, you build 32 or whatever you could in a row and you have 3 units thce where you could sell each one of them off, in other words, if he could sell, he could sell one project, a second project and third project; he wouldn't have to have a subdivision map; the way he was going he was going to have to have a subdivision map; he would move they authorize the Planner to work out a plan that would authorize Mr. Beau- champ to plan three different projects in this piece of land. Motion died for lack of second. There was further discussion. Moved by Morgan, they refer this to the Planning Director and he bring back a report next week. Motion died for lack of second. Moved by Waters, seconded by Pinson, they approve the development plans for the 96--unit apartment complex between 17th and 18th Streets east of Palm Avenue, B.L.B. Enterprises, subject to the recommendation of the City Planner in relation to the open space and 1.3 and 1.5 parting like stipulated tonight and if there was any reason they, could not come to agreement, send it back to the City Council) if they can.) foriet it,. City Attorney McLean said he wanted to remind the Council in �I I ��I�M the past he had a business relationship with Mr. Beauchamp and his associates he had never discussed the plans for the project with him or anybody else. Vice Mayor Waters asked the Planning Director if he understood if he had any difficulty with the open space and the 1.3 and 1.5 bring it back. Mr. Ger- schler said he understood. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Morgan. Absent: Reid. 4/25/72 156 PLANNING DIRECR GBFiLER said he had four oral communications; the first was a report from tier staff reS' r+ng a eater the Council referred to them last week; this was an old zone variance for a garden equipment rental busi- ness at 7th and Palm; the rr/port tells them that in 1957 the City Council granted ► special zone variance for a business described as "business of renting garden equipment and Cesef4 fixers" at property located at 7th and Palm; our of the conditions of the Permit was it would not be transferable; the business cou9.+ not be sold to anther person; they had a recent inquiry in the qa f lee by someone su99esting they would like to transfer the owner- ship of this bus ineff and they had to advise them that the condition of the variance did not Perneit that; they consulted with the City Attorney and reached,Aa► conclusion of, their own h sedpartly on his advice that the amend- ment of the condition which require that the applicant file a new zone variance case asking that the variance be granted with new conditions, and because recent State legislation prohibits the issuance of a use variance (and this clearly was a use variance) , there might be some serious doubt about the feasibility of granting an amended variance; the next alternative would be to rewclassify this property from the existing R-.4 to C-3; re- classifying this property to the C.3 Zone would bring alone with it heavy commercial uses that probably don't belong at the corner of 7th and Paim; the existing business exceeds the authorization of the condition for an exception permit in that the trailer sales, propane sales, and contractors' equipment rental activities now being conducted are not mentioned in said permit and are not permitted uses in the R..4 Zone; regardless of what they do with the rest of this case, they have an apparent zoning violation; in their opinion a condition of "non. transferability" was not a legally proper stipulation to place on any Zone Variance; if the Attorney coneurs, it would be his suggestion the City initiate proceedings to strike subject condition from this permit on the specific grounds that it was improper and unenforce- able; if the City Attorney would give the green light to that, that would get rid of the prohibition against transferring the business and the business could be transferred, Mayor Morgan asked the City Attorney to explain how they could work this out. City _Attorney McLean said he agreed with Mr. Gerschler's report; apparently, this old permit was granted by the City Council with the idea it would be limited in time and the limit of time would be accomplished by making a permit specific to the then owner of the business in question and making the permit specific to the very limited kind of business because it was in the residential zone; the suggestion Mr. Gerschler cakes Was they limit the condition of the permit that the business could not be transferred to another which would be to eliminate the provision Qf the permit which now reads that conditional exception be granted Mr, C. W. Good and not be transferrable or saleable; they could strike those words ;From the permit; that cures the transferrability problem; the unfor- tunate thing was the business was now operated in a way that exceeds whatever the permit granted; the buyer and seller may be in for a little surprise if they think thgy are buying and selling the business which was operating now. There was discussion. Moved by Morgan, seconded by Camacho, the Planner' s ree?mmendation bey approved and the Attorne . will • re are res • lution to s rike henwdTr .s -t will le b m tK = safe i- business. Planning Director Gersch or *aid he WO4 d lik to reiterate the existing variance has limits on it as to the kinds of uses that could be conducted; he didn't think there was anything this City Council could do now to increase the number or kinds of uses that were allowed; he thought he would have to live with the fact that the variance was for "a business for the rental of garden equip- ment including small garden tractors, lawn mowers, etc.". C.W. GOOD, 705 Palm Avenue, was present and said be operated Bill ' s U-Rent at 711 Paim for 141 years; he didn't know what they called contractor's equipment because everyone used dement ,;fixers; he had trailers which everyone uses, and just about anything that was there was used by homeowners; so far as propane was concerned, he thought they quid find 50% of the people had campers which they had to till with gas; it wasn't ma dangerous as a gas station; the Fir Department would tell them that. There was further discussion. Carried by unanimous vote. Absent; Reid. PLANNING DIR = GERSCHL4R said there is a project at 1701 E. 16th Street 4/25/72 157 that had been before the City Council two times; this was in the R.4 Zone; they had reviewed and filed development plans for an 80-unit apartment house; the last time this was before the Council the staff recommended to Council they place this property in R-»4-PD Zone based upon peculiar problems of topography and site design; after hearing the applicants' arguments and testimony, the Council elected to not follow their recommendations and decidee. to issue the permit; the staff had no argument with that action; building permits were issued and park fees were paid and the statutory plans for construction to commence under the permit ran out and the permit expired; yesterday the building inspector was asked to renew the permit; although there was a provision in the Building Code for reinstating an expired permit, he believed they had to pay 1 the building permit fee; they are apparently not having to repay the park fee which was something like $7,000; before the building inspector issued this permit and because of the other conversation about apartment house development standards, they agreed the would advise the City Council to let this application for reinstatement of the permit be issued; if the Council wishes to take no action, then simply file their referral. There was discussion. Moved by Camacho, he reapply for a building permit just like he was starting from scratch. Motion died for lack of second. MAX EBERHART, 8504 Prestwood, La Jolla, was present and said it was true he hadn't nailed a board, but it was not completely true that he had done nothing on the project; an 80M-unit project takes a little while to get started; he had driven stakes and had moved some dirt, etc.; the contracts have been bid, the financing have been arranged, and they would like to go ahead with it; they have paid the $7,000 for the park fees; they purchased the building permits; he agreed to pay the renewal fee; he did have somewhat of a quarrel as to whether or not he had commenced construction on this; he hadn't requested an inspection as he hadn't proceeded that far. There was further discussion. Moved by Waters, seconded by Camacho, this item be laid over until the next re Mari scheduled meetin until. the et a re ort from staff. Carried by unanimous vote. Absent: Reid. PLANNING DIRECTOR GERSCHLER said they had a request from the people repre- senting Zone Change ZC-►1-72, the Bradley case, to continue their hearing to July 1, 1972. Moved by Morgan, seconded by Waters, the hearing be contira to July 1, 1972. Carried by unanimous vote. Absent: Reid. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. Absent: Reid. The meeting closed at 10:34 p.m. City Clerk City of National City, lifornia The foregoing minutes were approved by the City Council of National City at the regular meeting of May 2, 1972. ElNo corrections Correction as noted below 7 Mayor, it ./ National City, California 4/25/72 -r-