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HomeMy WebLinkAbout1972 05-02 CC MIN158 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 2, 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, Reid, Waters, Morgan. Absent: None. 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 Father H. W. Figgess, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meeting of April 25, 1972 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: None. Abstaining: Reid. COUNCIL COMMUNICAATIONS VICE MAYOR WATERS said at the opening of the National City Little League he was asked to present Mr. Pinson and Mr. McLean a plaque and to thank them for sponsoring a Little League team this year; people who take the time out to help the Little League and also sponsor the team, help keep the children off the street, should have special recognition. The Vice Mayor presented the plaques to Councilman Pinson and City Attorney McLean. Mayor Morgan told Councilman Reid he had his; they didn't ask him to give it publicly, so he would hand him his. VICE MAYOR WATERS said he couldn't seem to communicate with the paper; the front page of the newspaper led a lot of developers and real estate people in the community to believe that he supported 1-1 parking; the paper had been around as long as he had and when he pushed for upgrading of apartments and pushed for planned development, (and he had a lot to do with these things in the past 7 years) yet the front page of the newspaper Thursday said: "Vice Mayor George Waters supports 1-1 parking;" the minutes of the last regular meeting was "Moved by Waters, seconded by Camacho, the public hearing be closed and the proposed amendment to Ordinance No. 962 to estab- lish residential development standards for all zones wherein multiple residential uses are permitted and to establish site plan review procedure and to amend the parking from 2-1 to 1.3 for one -bedroom and studio apart- ments and 1.5 for two --bedrooms and up." Vice Mayor Waters said this is "harassment" and misleading to the public. COUNCILMAN CAMACIPD said there is a problem on 2lst and National Avenue in front of Barrack's Market; the Traffic Safety Committee didn't think it warranted some kind of blinking light to slow down traffic there; about three days ago a youngster almost got killed; lights cost a lot of money but the life of a child was worth more than a light of some kind. Mr. Camacho requested Mr. Osburn to check into this again and see what kind of safety measure they could put there. ODUNCILMAN C,AMACHJ said some residents have trees they would like to have removed from the front yard; in one case there was a 50' date palm tree with all kinds of birds, they get the sidewalk kind of dirty; there were dates and droppings all over the sidewalk; Mr. Osburn and he went out to 5/2/72 159 see this; he (Camacho) thought this should be removed, so they referred it to the Tree Committee; the Tree Committee doesn't feel this thing was detri- mental, Mr. Camacho said the people who want it cut down were willing to buy a replacement tree that would look better than that. Vice Mayor Waters inquired if they could get the Street Tree Committee's report. City Manager Osburn said the Council will have it next week. COUNCILMAN REID said he attended the League's Taxation and Legislative Meeting and got a lot of good information; he was thankful National City was in the shape it is; there were many cities in the State that were not as well off as National City; they are laying off some employees; some of them have gone so far that they don't even put in for their grants anymore because they don't have the matching funds. Councilman Reid said he knew what he was going to do, but he wished Council would think this over when the budget was coming up about all of this new equipment, all of the new people they wanted; they better think twice everytime they hire more people, they would be here a while and they were going to get benefits; they better go over this budget carefully; there was no windfall coming down from Sacra- mento or from the Federal Government. COUNCILMAN REID said speaking of trees, Ivy Baker Priest, one of the greatest ladies in the State, would be very honored if she could plant a tree in the City with a plaque on it in memory of her husband, Mayor Morgan asked Councilman Reid to be a one --man committee to work this out. MAYOR MORGAN said a proposed bicycle trail program was on the agenda and inquired if people from other cities work on this. Planning Director Gerschler said each City has a committee and the committees have met together under the sponsorship of the Port Commission; one of the recommendations in the report was that National City take the leadership on the San Diego Bay bicycle trail; he hoped the Council here would call a meeting of the other cities and invite them here to talk about that later. Mayor Morgan said the Council authorized the Planning Director to take the lead and for him to go ahead. Mayor Morgan asked if Planning Director Gerschler thought they could formulate that soon to where they could ride all the way around the bay. Planning Director Gerschler said it certainly looked like it; better than 80% of it was already adopted; if National City adopts their part it will put them within about a quarter of a mile that will have to be joined. MAYOR MORGAN said they have talked about a marina, motel and restaurant, down in the Port District near the launch ramp; and asked when it was going to the Port. The Mayor said he saw a 'for rent"sign there; he didn't think they wanted to rent it for the purposes National City wanted. Planning Director Gerschler said they will have a report to the Council shortly; two PEP employees were assigned to this project the last 3 or 4 months; they have done some excellent pre -engineering work on it; they should have a report to the Council very soon; it looks favorable. Mayor Morgan asked if they were studying it from the railroad track back up to 24th Street. Plan- ning Director Gerschler said all the way to 24th between the railroad track and the freeway; the various studies they have made show a complex of commercial activities and possibly as many as 350 boats, usual marina facili, ties, including repair facilities, boat sales, and complementary uses; an interesting feature within the plan was an area for overnight camping or parking of trailer or camper -type vehicles. Mayor Morgan asked if the Planning Director was planning a motel and restaurant near the launching ramp. Planning Director Gerschler said he was. (Assistant City Manager Stenberg left the Council Chambers at 7:50 p.m.) CITY CLERK MINOGUE read the proclamat ion "FIRE SERVICE RECOGNITION DAY" (Saturday, May 6, 1972). Moved by Waters, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. ORAL COMMUNICATIONS 5/2/72 160 DARRYL GORHAM, 538 "C" Avenue, was present and said he was appearing before the City Council on behalf of certain underprivileged children of the National City American Little League and asking if this Council would purchase 10 gloves with the sole intent that these gloves be stamped or marked and these certain children be allowed to use them during regulation games. Mayor Morgan said he thought it was a poor policy to take taypayers money to do this; he would volunteer to raise the money for this project; (Assis- tant City Manager Stenberg returned to the Council Chambers at 7:53 p.m.); and inquired how much money would be needed. Mr. Gorham said about $100. Mayor Morgan told Mr. Gorham to go to Weisser's tomorrow and tell them he was buying them for the Mayor and the Attorney. CARMEN PASQUALE, EXECUTIVE VICE-PRESIDENT, GERSTEN CONSTRUCTION CO., was present and said his company owns and manages Plaza Manor Apartments; some- one in the City directed the street painters to paint the curbs red in front of Plaza Manor which would eliminate 20-25 parking spaces; there was not that much traffic there except perhaps during the morning and evening hours; they would like to have this opened and parking permitted because their tenants and people who visit the area need it, even though they do have adequate parking for the apartment complex; they were well above the 1-1 and they met the requirements of the City at that time; there was no other way they could put more parking in the project except to eliminate playgrounds which they didn't want to do; he would like the Council to have this matter reconsidered. There was discussion. Moved by Reid, seconded by Camacho, this be referred back to the Chief of Police and the Traffic Engineer and next week there be written information as to wh that was done and ive this man an answer at the next Council meeting, "yes" or "no". There was further discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by title. Carried by unanimous vote. Resolution No. 10,653, "Resolution to Establish Environrmeutadtl Enforcement Advisory Committee" was listed on the agenda but was not presented. RESOLUTION ND. 10,654, "A RESOLUTION AUTHORIZING THE ENTERING OF AGREEMENTS FOR JOINT PURCHASES WITH OTHER GOVERNMENTAL AGENCIES LISTED HEREIN.'P Moved by Waters, seconded by Pinson, Resolution No. 10,654 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,655, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Franklyn C. and Dorothy M. Creveling)." Moved by Reid, seconded by Camacho, Resolution No. 10 655 be ado to .. Carried by unanimous vote. RESOLUTION ND. 10,656, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Division Street)." Moved by Camacho, seconded by Reid, Resolution No. 10,656 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,657, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIFIED SAN DIEQO COUNTY CIVIL DEFENSE AND DISASTER ORGANIZATION." Moved by Pinson, seconded by Reid, Resolution No. 10 657 be ado•ted. Carried by unanimous vote. RESOLUTION NC). 10,658, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Mary S. Counts and Verle M. Counts) ." Moved by Waters, seconded by Pinson, Resolution No. 10,658 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,659, "RESOLUTION AMENDING RESOLUTION 7122 STRIKING RESTRICTION ON TRANSPERRABILITY OR SALEABILITY (C. W, Good, 7th and Palm) ." Moved by Camacho, seconded by Pinson, Resolution No. 10,659 be adopted. Carried by unanimous vote. 5/2/72 161 RESOLUTION M. 10,661, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (La Siesta Way)." Moved by Waters, seconded by Pinson, Resolution N�+�/i © 10 661. bye adopted, Carried by unanimous vote. �M Iwil�11 • 1 /Y11i1Y11 RESOLUTION NO. 10,662, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Thelma M. Gorham) ." Moved by Waters, seconded by Camacho, Resolution No. 10,662 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES ORDINANCE NO. 1307, "An Ordinance Amending Ordinance No. 962, Zoning Ordi- nance of the City of National City, California (Zone Change ZC-3-72, to Prezone to R-4.-PD, Residential Planned Development, Southerly Side of 24th Street between Las Palmas Park and 1-805) was presented for first reading. Moved by Camacho, seconded by Reid, the first reading of Ordinance No. 1307 be by title. Carried by unanimous vote. The title was read. ADOPTION OF ORDINANCES ORDINANCE NO. 1306, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDI- NANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, TO ESTABLISH RESIDENTIAL DEVELOPMENT STANDARDS FOR ALL ZONES WHEREIN MULTIPLE RESIDENTIAL USES ARE PERMITTED AND TO ESTABLISH SITE PLAN REVIEW PROCEDURES THEREFORE," was presented for second reading. Moved by Camacho, seconded by Reid, the, second readin of the ordinance be b title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Ordinance No. 1306 be adopted. Carried by unanimous vote. HEARINGS The HEARING ON THE INTENTION TO VACATE AND CLOSE ALLEY BETWEEN HARRISON AND CLEVELAND AVENUES, 20TH TO 21ST STREET (RELIANCE STEEL & ALUMINUM CO.) was held at this time. City Clerk Minogue stated the Affidavit of Posting and Certificate of Publication were on file. Planning Director Gerschler said upon the applicant's request for alley vacation, the Planning Commission contacted all the utlity companies and City departments and received favorabi reports from all of them; the Planning Commission made a finding that in their opinion the alley was no longer needed and had no contemplated future need for public purposes; it was recommended the vacation be subject to the one condition that a 10/ wide sewer easement for existing 6" sewer main on the center line of the alley be reserved. No one was present in this regard. Moved by Camacho, seconded by Reid, the hearin be closed and the intention to vacate and close alley between Harrison and Cleveland Avenues 21 t Street, be referred to the proper authorities for futher prod' n c . Carried by unanimous vote. RESOLUTION NO. 10,660, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE ALLEY BETWEEN HARRISON AND CLEVELAND AVENUES, 20th TD 21st STREET (Reliance Steel and Aluminum Co.)" was presented Moved by Camacho„ seconded by Waters, the resolution be read by title, Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Resolution N_o :. 10,, 660 be ado____�_pted. Carried by unanimous vote. REPORT OF CITY ATTORNEY None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $16,299.39 Traffic Safety 3,037.23 Park 820.05 Gas Tax No. 2106 12,290.12 Park & Recreation Capital Outlay 3,100.00 Swim Pool Repairs 3,060.97 Sewer 1,575.38 Total $40t183.14 20t h 5/2/72 to 162 Moved by Camacho, seconded by Reid, these,bills be paid and warrants drawn. Carried by the following vote, tO-wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS The PLANNING DEPARTMENTtS proposed plan for bicycle ways and trails in National City was presented. Moved by Waters, seconded by Camacho, Item from the Planning Department be laid over for one week. Carried by unanimous vote. The CITY MANAGER'S report on Greyhound Lines - West request for an increase of passenger bus fares, package express rates, and interline package express rates; and a notice from Greyhound Lines - West, dated April 19, in regard to their application for, increases, explaining their purposes and stating a copy of their amendment and second amendment to the application are avail- able upon request were presented. Ordered filed by unanimous vote. UNFINISHED BUSINESS The CITY MANAGER'S concurrence in the recommendation of the Director of Public Works to award the bid for purchase of eight vehicles to McCune Motors and one van to Colonial Ford was presented. Moved by Waters, seconded by Reid, Item 1 under "Unfinished Business, the City Manager's concurrence be laid over for one week. Carried by unanimous vote. The CITY MANAGER'S recommendation to approve items where Council action was requested on the Traffic Safety Committee minutes of April 12 was presented. Moved by Waters, seconded by Pinson, thLTraffic Safet Commirttee meeting be approved all except Section "B" undere."New Business" and this be referred back to the City Engineer and the City Manager for consideration of the red curbs. Carried by unanimous vote. The agenda listed Council consideration of the renewal of expired building permits for an 80-unit apartment project at 1701 E. l6th Street (Kearney Mesa Imports) , laid over from the April 25 meeting. There was discussion. Moved by Waters, seconded by Pinson, they do comply with that 1.3 - 1.5 under the new ordinance. Planning Director Gerschler suggested the City Council consider an interim urgency ordinance that would require compliance with the Citizens Advisory Committee recommendation; Ordinance No. 1268, an interim urgency ordinance wherein certain findings were made by the City Council that there were problems of terrain, topography and design which represented hazards to the public in this case, was adopted and repealed; these same findings of Ordinance 1268 were as applicable today as they were at the time of that adoption; this was a suggestion to adopt an urgency ordinance requiring compliance with the Citizens Advisory Committee's recom- mendation; it was really a great help to them on the administrative level when making it clear to the applicants what their position really was. City Attorney McLean said he had the draft of an ordinance which reclassifies property from an R-4 Zone to an R-4--PD Zone; that interim ordinance also would apply to this particular property. Planning Director Gerschler said this permit was issued in December and was never exercised; the Code provideL- that anytime after 60 days if the permit has not been used and construction hasn't commenced, the permit could be reactivated by the payment of one-half of the building permit fee again; they then have 120 days to start; the 120 days have expired and they have lost all privileges; if he came in today he would have to start fresh and pay an entirely new fee; in the meantime, the applicants have picked up plans and taken them from the City Hall; the City Building Inspector reported to the Council by memorandum they made several attempts to have the plans returned to their office and the applicants have failed to comply; his finding was the case was dead. Carried by unanimous vote. City Attorney McLean said if the Council desired to regulate the pending projects, it was necessary to adopt an interim urgency zoning ordi- nance requiring all of the pending projects come up to the proposed standards for multiple residential developments; if they were intending to go along 5/2/72 163 with his recommendation, the next step was for him to present this urgency ordinance. City Attorney McLean said it was up to the Council to tell them how they wanted them to proceed; he had two interim ordinances drafted; one interim ordinance applies specifically to the Kearney Mesa Imports project which Mr. Gerschler just described; the other interim ordinance was City-wide; he had an interim ordinance which would re -zone the Kearney Mesa Imports project from an R-4 to an R-.4.PD Zone; that would have the effect of requiring a developer before he could get a new building permit to comply with the criteria for an R-4-PD project; the way this ordinance was drafted now, it was specific to Kearney Mesa properties; it was up to the CQUncil to tell them what their decision was. There was discussion. City Attorney McLean said the other alternative was another interim urgency ordinance to require all pending multiple residential developments to comply with the new adopted standards for multiple residential developments and this would be City wide; if it was their desire to proceed in that way, he would suggest they have the report from the Planning Director on all the items that were on the agenda so they have all the facts before them concerning the various pending projects that the Planning staff believes require their attention; if they adopt an ordinance as an urgency ordinance, then they are required to have before them in some form the facts upon which the urgency exists; obviously, this will come from the Director's report; on pending projects he will report why he feels the facts support the adoption of an urgency ordinance, if that was their desire; if they were going to proceed that way, they should have Mr. Gerschler go ahead and discuss the other pending projects including the ones described in his transmittal of items that weren't ready for the agenda, take them in order. Planning Director Gerschler said they will be taking some agenda items out of order: on the agenda tonight the case of Kearney Mesa Imports; they have on the agenda tonight the case of Standmark (agenda Item d); they have under the Planning report Item a, a 48-unit project at 702 E. 8th Street; they have on the fourth page of the agenda a transmittal in regard to Planned Residential Permit No. 44 which was on 5th - 7th Streets between "T" and "V" in the McMillin project; they have as an oral communica- tion the revised plans of the B.L.B. Enterprises, a 96--unit project on E. 17t and 18th Streets. There was discussion. (Dr. Lococo was paged to call his answering service. City Clerk Minogue and City Manager Osburn left the Council Chambers at 8:20 p.m. City Clerk Minogue returned at 8:201 p.m.) Planning Director Gerschler said the second reading of Ordinance 1306 was tonight and it will go into effect 30 days from now; by this interim ordi nance they could require compliance with 1306 forthwith beginning tomorrow morning or beginning tonight; that Government Code section says the City Council must make a finding that the public safety and general welfare require the adoption of that ordinance; essentially, the two features that appear to exist in each of the plans mentioned (City Manager Osburn returned to the Council Chambers at 8:22 p.m.) were the features of open space and off street parking, both of which, in his opinion, do affect the public health, safety and welfare; the discussion by the Planning Commission and the discussions by the City Council during the course of the hearings for the adoption of 1306 repeatedly emphasized open space and off street parking as elements of design that would have a substantial effect upon the general health, safety and welfare; on that basis he thought the Council had reason to adopt the interim ordinance the City Attorney had in front of him. Moved by Camacho, seconded by Waters, the Planner's recommendation be approved the ado t Interim Ordinance No. i308. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. Ordinance No. 1308, "An Ordinance of the City of National City, California, Prohibiting the Uses of Certain Property which May be in Conflict with Certain Contemplated Zoning Regulations and Adopting Said Ordinance As An Interim Zoning Ordinance Pursuant to Section 65858, California Government Code, and Adopting Said Ordinance As An Urgency Ordinance," was presented. Moved by Reid, seconded by Waters, Ordinance No. 1308 be read by title. Carried by unanimous vote. The title was read. Moved by Waters, seconded by Pinson, Ordinance No. 1308 be adopted. There was further discussion. City Attorney McLean said he had a business relationship with at least one 5/2/72 164 person who might be affected by a vote on such a proposed ordinance; he hadn't discussed it with those folks at B.L.B. Enterprises; he hadn't discussed the issues with them at all. Councilman Pinson said he might add he does business with contractors and there was a possibility that he also had something in this, Motion failed by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. (4/5 vote required). Moved by Morgan, they adopt the urgency ordinance on Kearney Mesa Imports. City Attorney McLean asked what it was he was recommending; did he want them to reclassify from R.4 to R .4-PD. Planning Director Gerscbler said at this time Ordinance 1306 has been adopted and they do have some apartment development standards that are much in excess or much better than the other R-4-PD criteria, he thought it would be consistent with what they were trying to do to adopt the 1306 standards rather than the R-4--PD zoning; he didn't think the R-4..PD zoning would do what they wanted it to do. City Attorney McLean said then his recommendation was to adopt an urgency ordi- nance imposing the developmental standards as to the Kearney Mesa property in compliance with Ordinance 1306. Moved by Morgan, seconded by Camacho, the Planner's recommendation be a roved. Carried by unanimous vote. There was discussion. ORDINANCE ND. 1309, "An Ordinance of the City of National City, California, Prohibiting Any Uses of Certain Property Which May be in Conflict with Certain Contemplated Zoning Regulations and Adopting Said Ordinance As An Interim Zoning Ordinance Pursuant to Section 65858, California Government Code, and Adopting Said Ordinance as An Urgency Ordinance and Applying Said Zoning Regulations to Certain Property within Said City, (Kearney Mesa Imports)" was presented. Moved by Camacho, seconded by Waters, the ordinance be read by title,. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Ordinaance„iq:y,1349 be adopted. Carried by unanimous vote. NEW BUSINESS An application for on -sale beer license by MARLENE A. MADRID, DBA GALLOPIN INN, 2325 Highland Avenue, was presented. Moved by Waters, seconded by Pinson, the on -sale beer license at 2325 Highland Avenue be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. A communication from the CITY MANAGER in regard to the appeal of Jack Martin Matlock in the matter of the denial of renewal for a taxi driver's permit was presented. There was discussion. Moved by Waters, seconded by Morgan, the re uest of Jack Martin Matlock be a proved for a taxi driver's permit. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. (City Attorney McLean left the City Council Chambers at 8:38 p.m.) A communication from the CITY CLERK OF C}ULA VISTA enclosing Chula Vista's resolution endorsing the recommendations contained in the Regional Park Implementation Study by Development Research Associates and Cornell, Bridges and Troller was presented. Ordered filed by unanimous vote. A communication from the CHAIRMAN, BOARD OF SUPERVISORS, to the Mayor stating the Policy Committee of the CPO has undertaken a Regional Goals Program and that a series of public meetings have been scheduled to provide for citizen input was presented. Ordered filed by unanimous, vote. A communication from the STATE CONTROLLER stating the procedure for appor- tioning gasoline tax revenues to local governments was changed as of April 1, and that as a result, the apportionment for the month of April will be approximately double the normal amount and that beginning in May the appor- tionment will revert to normal was presented. Ordered filed by unanimous vote. 5/2/72 165 A communication from the CITY MANAGER in regard to the possible dedication of. Orrell Drive and outlining the costs of surfacing and drainage was presente City Manager Osburn said he met with all of the residents on Orrell Drive (5 property owners and they were all present) (City Attorney McLean returned to the Council Chambers at 8:39 p.m.); they are all most anxious to get the street improved in a permanent manner; they would prefer to do this by cash and not by a 1911 Act; in his letter on the agenda he stated the drainage involved would be $4,750; this was bringing an 8" pipe from the east end of Orrell Drive down to "D" Avenue, south on "D" to where the pipe daylights south of 26th Street; the property owners also requested they be allowed the improvements and the City install the drainage at the City's expense; (City Attorney McLean left the Council Chambers at 8:41 p.m.) he told the people this was contrary to City policy of putting 50% in drainage projects and that was the way he would have to stand on it unless the Council saw some- thing different. Moved by Reid, seconded by Morgan, the City Manager's recommendation be approved and when he gets further information he could bring it back to Council. City Manager Osburn said Mrs. Orrell was willing to dedicate this as a street. There was discussion. Motion failed by the following vote, to -wit: Ayes: Reid, Dorgan. Nays: Camacho, Pinson, Waters. Mayor Morgan asked what was the motion. Moved by Waters, seconded by Pinson, the City Manager be directed to proceed with the project on Orrell Drive and to instruct the people how to put in their City streets and also to put the drainage in over to "D" Avenue as instructed in the pamphlet that was shown to them today (City to pay for all of the drainage and the people will pay for paving the street) . Motion failed by the following vote, to -wit: Ayes: Pinson, Waters. Nays: Camacho, Reid, Morgan. Vice Mayor Waters said the motion failed and asked if that means the people have to put in the drainage and the street themselves. City Attorney McLean said unless there was further action on the part of the Council at some later date. The COUNTY BOARD OF SUPERVISOR'S resolution in support of Proposition 2 (school bonds on the June 6 Primary ballot) was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER making recommendations on the League of California Cities Legislative Bulletin No. 6, dated April 20, was pre- sented. Moved by Morgan, seconded by Pinson, the Manager's recommendation be approved. Vice Mayor Waters inquired about the retirement bill, (AB 452); what was the 2% at age 50. City Manager Osburn said for each year of service 2% of their base pay for each year they had been in service. Moved by Waters seconded by Reid, the motion be amended they leave AB 452 out. Amendment to motion carried by unanimous vote. Original motion carried by unanimous vote. Moved by Waters, seconded by Reid, they support AB 452. There was discussion RAYMDND R. DUKE, 1414 "K" Avenue, was present and said no member of the Police Association was present tonight to defend themselves; the statement made about a Chief retiring on 75% of his pay was erroneous and shouldn't be put forth; when there is talk about 75% retirement it should also stipu- late how long that man has served the City; that means he has to have at least 30 years of service to retire at that rate; the bill was on sliding scale of 25 years service before they can go out at half pay; today they can go out at half pay if they have only been here 20 years and attained age 55; under this new bill they can't go out at half pay until they have put in 25 years of service to this City,. There was discussion. Motion carried by the following vote, to -wit: Ayes: Pinson, Reid, Waters. Nays: Camacho, Morgan. REPORTS CITY MANAGER OSBURN said he received a telegram from the Board of Supervisors requesting the City Council to meet with the Board on May 11 at 8:00 p.m., County Administration Center, to discuss problems regarding the implementa- tion of SB 325; Signed by Marry F. Scheidle, Chairman, Board of Supervisors, San Diego County. The City Manager said this SB 325 was the one regarding the sales tax on gasoline which will mean roughly $9,161,000 a year to 5/2/72 166 San Diego County go to into the mass transit fund; someone mentioned tonight they did not pass this; apparently they ran into some kind of problem; they are requesting all of the City Councils to meet with them regarding this. City Attorney McLean said you could not have a meeting of the City Council outside of the City limits; if they desired to have some official represen- tation, it would be appropriate to designate a committee that was less than a majority. Moved by Reid, seconded by Waters, the Manager, Attorney -nd Mayor go to this meeting. Carried by unanimous vote. CITY CLERK MI!'DGUE reported receipt of (a) "Communication from the United States Conference of Mayors for the attention of council members in regard to the 1972 Annual Conference of Mayors in New Orleans June 17-21; (b) Order instituting investigation before the Public Utilities Commission on its own motion to adopt a statewide plan and schedule for the undergrounding of all electric and communication distribution systems in proximity to State scenic highways; (c) Order instituting investigation before the Public Utilities Commission on its own motion into the planning, construction operations, practices, aesthetics, and economics of overhead and underground transmission facilities of all electric public utilities in the State; (d) 1971 Annual Report of the Local Agency Formation Commission. Moved by Waters seconded by Reid, Items "a" through"d" be filed. Carried by unanimous vote. CITY CLERK MIN)GUE asked the City Manager if he wanted to mention the taxi fares now. City Manager Osburn said he had a notice filed with Mrs. Minogue from three cab companies in the City: Diamond Cab Co., Radio Cab Co., and San Diego Yellow Cabs, Inc., fares would be raised to 500 for the first one -fifth mile and 100 for each additional one -fifth mile or lesser fraction thereof effective May 5; this is covered under Section 12 of Ordinance 1122 which states the rate schedule must be filed with the City Clerk. No action to be taken by the Council. The PLANNING DEPARTMENT transmittal in regard to the City Council's review of tentative development plans for the proposed 48..unit apartment project at 702 E. 8th Street, 100' west of Highland Avenue, south side of 8th Street (Steve Drogin and Glen Napierskie) was presented. Planning Director Gersch., ler said the property was located in the C-3-C Zone in an area that was not designated on the General Plan for residential use at all; the proposed density of this project approaches 72 dwelling units per acre, which was rather high in comparison to other projects; in their analysis of the development it appeared to conform to all of the design standards set forth in Ordinance 1306 with the exception of off-street parking; they point out in their staff report that the 1-1 parking ratio and they mentioned the need for 11 - 1 to meet the standards; in the letter from the applicant dated April 28 they remind them that 1306 required 1.3 parking spaces per dwelling unit which meant the project was only 14 parking spaces short rather than the 24 spaces mentionedJn the report; they stand corrected on that item; they submitted a supplemental memo May 2 correcting their oversigh on the parking issue and again reminding the Council the project otherwise complies with the requirements of 1306; this project was not an R-4-PD project; it was a C-3-C Zoning submitted to them under their directive that all projects of 10 or more units be submitted to the Planning Commission for review. There was discussion. STEVE DROGIN, 2151 Oliver Avenue, San Diego, was present and said he and Mr. Napierskie were the proponents on this particular development; they started working with all departments of the City approximately 60 days ago on this proposed development; for the ones who were not familiar with the site, it was a site of about 32,000 or 33,000 sq. ft. on 8th Avenue just west of the intersection of 8th and Highland; it was formerly occupied by the National Lumber Co. and had been vacant 12 year: in a C-3-C Zone; it was apparently not feasible to develop the property on the present zoning; nobody has seen fit to approach the Council with any kind of development during this period; the site adjoins a lot of commercial development in National City; to the west of the property there was a terrifi amount of sub -standard residential housing; it was their intent to try to start the upgrading of this particular neighborhood; it was vacant and didn't produce much tax revenue. Mr. Drogin said his family had been in the 5/2/72 167 construction business for almost 25 years in the County of San Diego; his family had built approximately 5,000 houses in the County; he now had developed apartments for the City of San Diego and he would tell them he was developing at this time the first leased site that the City of San Diego had ever leased to a private developer on Mission Bay; in addition, he would like to point out that Glen Napierskie was a highly respected member of their community (National City) as a businessman since 1947. Mr. Drogin said the site was a unique site; it was in a commercial area adjacent to all of this commercial use; it was near public transportation and they felt in this location there was a demand and market for modestly priced, taste- fully developed, small bachelor apartments which will be occupied by one person; many of the people who they feel will occupy these units will not have a car, some may have more than one car; their market was geared to a working class person at a conventionally developed and financed project where people could live close to where they work and shop without the neces- sity of an automobile; they started with 52 units on the site and work with the Planning Department and the Fire Department; they created more open space, created court yards, and were trying to create on site their own environment with court yards creating their own views within the property; very frankly, the view outside of the property was not very attractive; they started with 52 units and now have 48 units; 47 of the 48 are bachelor apart- ments, small studio furnished apartments; they feel they have gone about as far as they could go and they cannot obtain more than 1-1 parking; the lot was long and narrow; they were trying to give the City the best type of development for this property. A plot plan was displayed. There was dis- cussion. Moved by Reid, this plan be accepted as is subject to the eleven conditions of staff. Motion died for lack of second. There was further discussion. AL BEACBCHAMP, 1123 Manchester, ws.s present and said last week he reported on parking and related to the automobile population of National City and made a recommendation they consider for studio apartments 1-1; he sat in on that committee and didn't know if it was an oversight or if they just didn't pay attention to the studios. City Attorney McLean said there was no action stopping him from proceeding at this point; so far as he could see, the present City ordinance does not compel the builder to put in more parking than he has; unless the Council took some action to prohibit the development, he would think he was free to proceed. Moved by Pinson, they adopt an urgency ordinance prohibiting this from going through and this be placed in R..4..PD. Motion died for lack of second. City Attorney McLean said if they want an urgency ordinance, the easiest method to handle it was to adopt one similar to the one they just adopted which would require all projects meet the standards of Ordinance 1306; that would encompass within it the off-street parking requirement; he did have such an urgency ordinance in front of him. Mayor Morgan said that ordinance was voted down. City Attorney McLean said no, that urgency ordinance was (Councilman Camacho left the Council Chambers at 9:34 p.m.) adopted as to the Kearney Mesa property. Mayor Morgan said to go right ahead with the agenda. Moved by Pinson, they adopt an urgency ordinance as per 1306, pending standards for multi -units for development to comply. Motion died for lack of second. The PLANNING DEPARTMENT transmittal in regard to application for C--2-'PD identification sign permit for Plaza Manor Apartments, 2721 Plaza Blvd., and stating the Planning Commission recommends approval subject to four conditio was presented. Planning Director Gerschler said the Planning Commission recommends approval subject to four conditions. Moved by Waters, seconded by Pinson, the Plannin Commission's recommendation be a roved. Carried by unanimous vote. A PLANNING DEPARTMENT transmittal in regard to the tentative map, BFC Terrac (north side of Fig Court, 12-1300 Block, Brucl Farley Corporation, and Bruce Farley Corporation's request for continuance to May 9 was presented. Plan- ning Director Gerschler said this was a request for approval of a subdivisio. map north of Fig Court by BFC Terrace project; they have a request from the applicants for a continuance of this case to May 9; the staff recommends the continuance be granted. Moved by Waters, seconded by Reid, staff's recom- mendation be approved. Carried by unanimous vote. Absent: Camacho. 5/2/72 168 The Council considered the following items relative to STANDMARK, INC.: Communication waiving 10-day notice of review for 2nd and Laurel project and requesting to be included on the agenda of May 2; transmittal from the Planning Department in regard to the 62-unit apartment complex for Standmark, Inc. at 137-219 Laurel Avenue, R.4 Multiple Family Residence Zone; transmitta_ in regard to proposed lot split (tentative parcel map) at 222 Norton. Plan- ning Director Gerschler said this was the case of Standmark, Inc. regarding an apartment house project at 2nd and Laurel; as they brought out at the last meeting, the City Council some months ago reviewed and approved plans for a 62-unit apartment complex; since then the applicants have not obtained a building permit (Councilman Camacho returned to the Council Chambers at 9:38 p.m.) and have not done anything to the project here; the project does not have more than 1--1 parking; otherwise, it generally conforms to the specifications of Ordinance 1306; the Council asked for a chance to review this; they sent to the Council a background and the applicant was present to argue his case. J. B. JENKINS, SPECIAL PROJECTS MANAGER, STANDMARK, INC., 2485 Hotel Circle Place, San Diego, was present and reviewed the history of the apartments and said when they came back on April 24, the day before they had the moratorium issued on his permit, he was downstairs asking the City Planner how much it was going to cost for the permit and he gave me price of $1,500 and some odd dollars for the sewer connections and the permit was $6,500 and some odd dollars, making a total of $8,000; he went to his company which was Standmark (Stanley -Dodge) and got a check for $8,000 and came back the next day and found out he couldn't get the permit. Mr. Jenkins said on 2nd and Laurel they have 62 units according to the picture he had there and they hale 62 parking spaces; they have open space of 271 sq. ft. per unit; that was much more than their 100; they have a total of open space on this entire deal of 16,000 sq. ft.; as they know, there were only 5,000 sq. ft. in an acre and they might say there were 3 acres of open space; as they had planned on the Norton property to put in 34 units added to this, but he was here to ask them to release their permit on 2nd and Laurel; they would be very happy to go with their new one they were talking about on Norton and reduce the units they could have from 34 to 20; they will provide 11/2-i parking on Norton to go along with this one; this would make Norton St. the first project they would have with this 1A-1 approved; that 1A--1 would give him 1,144 sq. ft. of open space per unit on Norton St.; they were ready to go because they have their financing which was 6 3/4%. There was dis- cussion. Moved by Reid, this gentleman be issued his permit. Motion died for lack of second. City Attorney McLean said they can either adopt an urgency ordinance applying the standards of Ordinance 1306 to the project at 702 E. 8th Street and this project, or they do not; if they do not, then the builders were free to proceed under the existing law which was 1-1 park- ing. Moved by Pinson, seconded by Waters, an urgency ordinance be adopt d.. Carried by the following vote, to --wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. ORDINANCE ND. 1310, "An Ordinance of the City of National City, California, Prohibiting Any Uses of Such Property Which May be in Conflict with Certain Contemplated Zoning Regulations and Adopting Said Ordinance As An Interim Zoning Ordinance Pursuant to Section 65858, California Government Code, and Adopting Said Ordinance As An Urgency Ordinance and Applying Said Zoning Regulations to Certain Properties within Said Citys" was presented. Moved by Pinson, seconded by Waters, the ordinance be read by title. Carried by unanimous vote. The title was read. Moved by Pinson, seconded by Camacho, Ordinance No. 1310 be adopted as an urgency ordinance. Motion failed by the following vote, to«wit : Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan (4/5 vote required) City Attorney McLean said this ordinance will have the standing of having been presented for first reading and will be on the agenda at the next Council meeting for consideration of adoption. Planning Director Gerschler said the second part of the agenda item was request for approval of a lot split at 222 Norton Avenue; they have the Planning Commission's recommendation and the four conditions attached. Moved by Waters, seconded by Pinson, the Planning Commission's recommendation be approved. Carried by unanimous vote. 5/2/72 169 The PLANNING DEPARTMENT transmittal in regard to the application for Residen- tial Planned Development Permit No. 44, proposed Unit 2, Family Park Apartment located between "T" and "V" Avenues, 5th to 7th Streets (Corky McMillin) and stating the Planning Commission recommends approval subject to 11 conditions of the Planning staff and the addition to Condition No. 3 of the words "or as approved by the City Engineer based on a qualified geologist's report" was presented. Planning Director Gerschler said this is located between "T" and "V" Avenues, 5th to 7th Streets; Corky McMillin is the developer; the Planninc Department has recommended approval subject to the conditions set forth in their staff report; it is noted this project complies with all provisions of Ordinance 1306. Moved by Waters, seconded by Camacho, Planned Development Permit No. 44 be a roved for between 5th and 7th Streets Cork McMillin% and all sti ulations of staff be adhered to.. Carried by unanimous vote, The PLANNING DEPARTMENT transmittal in regard to the proposed lot split (Tentative Parcel Map) at 1705 E, 16th Street and 1543 "Q" Avenue and stating the Planning Commission recommends approval subject to two conditions of staff was presented. Moved by Waters, seconded by Pinson, the Planning Commission's recommendation be approved. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER spoke in regard to the revised plans for the B.L.B. Enterprises Project, a 96-unit apartment house development between 17th and 18th Streets near Palm Avenue; the revised plans show compliance with all specifications of Ordinance 1306 with some question on the off- street parking; the plan shows 12 buildings of 8 units each and shows 12 off-street parking spaces which does comply with the 11--1 requirement; however, four out of the 12 spaces are tandem parking spaces, they are park- ing spaces that are accessible only by moving the car behind them; 8 of the parking spaces are directly accessible from the alley; so far, the City Code does not recognize in any way tandem parking; however, at this point there was no adopted requirement for 12 parking spaces; Ordinance 1306 will not go into effect for 30 days yet; the City Council was in a position to either approve the plans as submitted or to consider some kind of urgency ordinance to attach high restrictions than those shown. Mr. Gerschler said the Plan- ning Commission will soon be having a hearing on the question of tandem parking; he pointed out the staff does support the idea of tandem parking when it applies only to those spaces in excess of 1-1 which was in evidence in this case. Mr. Gerschler continued in reference to the Council meeting of last week there was talk of consolidating some of the buildings in this project and suggestion was made possibly of three buildings of 32 units with some kind of consolidation; there were now 12 buildings of 8 units each shown on the plan; this was discussed with the applicant and the applicant was unwilling or unable to make that change in the plan; if the Council wished to insist upon such a consolidation, it would require some sort of an urgenc! ordinance. There was discussion. AL BEAUCHAMP, 1123 Manchester, was present and said his intent was to develop the ground for its highest and best use; he didn't understand why he was back here tonight because the Council made a recommendation last week if he agreed with Mr. Gerschler to go the 11-1, there would be no need forhim to be back here tonight; for some reason they phoned his office and told him to be back here tonight. (Councilman Camacho left the Council Chambers at 10:00 p.m.) (Councilman Camacho returned to the Council Chambers at 10:01 p.m.) Moved by Reid, this permit be issued. Motion died for lack of second. There was discussion. City Attorney McLean said at the risk of boring them, he would say one more time so the record would be clear, if you desire to require these applicants to comply with the new off-street parking requirements, it would be necessary to adopt an urgency ordinance to that effect; otherwise, the developers do comply; if the Council wants to make them come up to a different higher off-street standards, legally the one method would be adoption of an urgency ordinance which would be 1311. There was further discussion. Moved by Waters, seconde by Pinson, ,�t ey, s�,�et�_an, urgency ordinance. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. ORDINANCE ?O. 1311, "An Ordinance of the City of National City, California, Prohibiting Any Uses of Such Property Which May be in Conflict with Certain 5/2/72 170 iThe foregoing minutes were approv d y the Ci Couci1/of the regular meeting of May 9, 1972. [4.1 No corrections Correction as noted below Contemplated Zoning Regulations and Adopting Said Ordinance As An Interim Zoning Ordinance Pursuant to Section 65858, California Government Code, and Adopting Said Ordinance As An Urgency Ordinance and Applying Said Zoning Regulations to Certain Properties within Said City," was presented. Moved by Waters, seconded by Pinson, 229.ordinancebe read by .e. Carried by unanimous vote. The title was read. Moved by Pinson, seconded by Waters, this urgency ordinance No. 1311 be adopted. City Attorney McLean said he had and had had a business relationship with the applicant in this case, although it had never involved this project; he had never discussed this project with the applicant or the details of the plans. Motion failed by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. (4/5 vote required.) Moved by Reid, seconded by Camacho, 1122jEte:linis....2esh:)seth Carried by unanimous vote. The meeting closed at 10:03 p.m. City Cle City of National City, California &,ft-ic-411 N tional City at Mayor, C ty o al City, California* 5/2/72