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HomeMy WebLinkAbout1972 05-30 CC MIN203 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 24., 1972 The adjourned meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. Mayor Morgan welcomed Mrs. cove's Sweetwater Adult Government Class to the meeting. ROLE,. CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Gerschler, Assistant City Engineer Hoffland, 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 Mayor Morgan. City Clerk Minogue announced that the Agenda should be headed "Adjourned" not "Regular" meeting. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of May 23 z 1972 be approved. Carried .by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN WATERS said inasmuch as Ordinance 1306, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance 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 Therefor" was adopted, Council should rescind their policy of reviewing plans for apartments of ten or more units; 1306 takes care of it. Moved by Waters, seconded by Camacho, two rescind our order that ten units or more be presented before the Council, Carried by unanimous vote. MAYOR MORGAN stated on Civil Service examinations for policemen those who can speak Spanish are given 2%. The Mayor asked why this is not extended to all of the employees. City Manager Osburn replied all sections of the Civil Service rules and regulations are being revised and he would write a letter to the Civil Service Commission asking them to consider incorporating it. Moved by Morgan, seconded by Waters, that this item be referred for 2% for all employees for speaking Spanish. Carried by unanimous vote. MAYOR MORGAN spoke in regard to the Bradley Annexation: the people came to him and said we wouldn't let them present their case to the Council; he couldn't remember how this was done. Planning Director Gerschler said this case was caught in a series of continuances brought by the applicant, or somebody in their behalf, and because of the continuances before a public hearing could be held or scheduled by the City Council, Council lost their jurisdiction because of a time lapse; if Council wished to reopen the case and hear additional testimony, it would be his suggestion Council consider a City -initiated Zone change and set the matter for public hearing. There was discussion. City Attorney McLean said if Council wanted \another hearing they could initiate a zone change and go through all the procedures relating to a zone change; ultimately it will get to Council; you can't say you want, all those folks in a month from now and hear what they have to say it won't mean anything because you won't have done all those things you need to do before a hearing. City Attorney McLean stated the law requires somebody A/30/72 204 seeking the things that those folks want to pursue the application within a period of time or they lose their right; these people waited too long and it came to their attention and Mr. Gerschler had asked him about it; there was nothing more that could be done. There was further discussion. Moved by Morgan, seconded by Waters, the Planning Director's recommendation be approved and the City initiate the zone change for the Bradley Annexation. Carried by unanimous vote. ORAL COM4UNICATIONS .. None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented by title, only. Carried by unanimous vote. RESOLUTION NO. 10,685, "RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY, PROVIDING FOR THE USE OF CHULA VISTA' S POUND FACILITIES AND SERVICES." Moved by Camacho, seconded by Reid, Resolution No. 10,685 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,686, "RESOLUTION OF THE CITY OF NATIONAL. CITY AUTHORIZING EXECUTION OF OFFER TO PURCHASE REAL PROPERTY (WILLIAM H. and MARY K. MURPHY, 2509 E. 13TH STREET)." Moved by Waters, seconded by Camacho, Resolution No. 10,686 be adopted. Carried by unanimous vote. MAYOR MORGAN turned the meeting over to the Vice Mayor and left the Council Chambers at 7:40 p.m. INTRODUCTION OF ORDINANCES Ordinance No. 1315, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California, to Establish Development Standards and Requirements for Signs within the City" was presented for first reading. Moved by Camacho, seconded by Waters, the ordinance be read by title only. Carried by unanimous vote. Absent: Morgan. The title was read. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 8,009.36 Traffic Safety 967.17 Park 1,440.38 Special Street 4,628.86 Sewer 22.38 Total15,068.15 Moved by Camacho, seconded by Waters, these bills be paid and warrants be drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Reid. Nays: None. Absent: Morgan. UNFINISHED BUS INESS The Council considered the request of M. T. Miranda to relocate a duplex from Gilbert Lane to rear of 1326 Lanoitan Avenue. There was discussion. Planning Director Gerschler suggested unless plans showing compliance with Building Code and with design of the building in harmony with the neighbor- hood were submitted the Council deny the application. MR. AND MRS. M. T. MIRANDA, 1326 Lanoitan Avenue, were present and answered Councilman Camacho's questions (questions and asnwers were in Spanish). Councilman Camacho stated he informed Mr. Miranda that the Council doesn't know what t o do, o0d 5 205 the house does not conform with the zoning and reported Mrs. Miranda said her daughter called the Planning Department to get information and stated that if it hadntt been okayed by the Planning Department they wouldn't have bought the house. Planning Director Gerschler said this case has been before the Planning Commission and was denied; in reference to staff, the very need for a permit was discovered by the people in his office; when it got to the Planning Commission level it was discovered that the relocation site was in the R-4-PD Zone; they were then advised that they would have to have an R--4r-PD planned development permit before they could get a house moving permi to the best of his knowledge, every step of the way, his office has properly advised the people of the legal requirements. Mr. Miranda stated they are charging him $25 a day since May 22. Councilman Pinson asked Mr. Miranda whether or not he was given an extension and Mr. Miranda stated none that he knew of. There was discussion. City Attorney McLean stated there are two problems: (1) whether or not he will be given a permit to move the building; (2) in this particular case, the place to which he wants to move the building is zoned R-4.PD which requires a special kind of development permit; he has applied to the Planning Commission for a planned development permit; based on his presentation of his submitted plans, the Planning Commission denied his request on the grounds his plans were inadequate; Council can overrule the Planning Commission and decide the plans are adequate for a planned development and give him a permit; but staff has been telling Council consistently the applicant has not submitted any plans that are adequate for them to evaluate how he will comply with all the laws; and the staff has said that his plans do not show how this building, even if the structure is brought up to Code, will fit into the neighborhood as far as the architecture and the outside appearance. There was further discussion. Moved by Pinson, seconded by Waters, Council approve the staff and Planning Commission' s repeated recommendations of denial of the movin of the house to the rear of 1326 Lanoitan. There was discussion. Council was in agreement they would like to help Mr. Miranda but were not able to on the basis of what he has submitted. Carried by unanimous vote. Absent: Morgan. The Council considered PLAZA BLVD. OFF -RAMP AND AGREEMENT WITH MR. H LDER . City Manager Osburn reported Mr. Holder was at the Council meeting last week and Council action was delayed for one week to verify the cost of the driveway; they have received five bids on the driveway: Tessitore and Bullis $1,000; Moya and Sons $1,584; Callahan Brothers $1,807; G. Spike $1,050; Constantino and Sons $1,800. This has been discussed with Mr. Holde:: and he is in agreement to the following: (1) that $500 be paid to Mr. Holder when the State construction contract is awarded to a successful bidder; (2) construction of the driveway be included in the State construc- tion contract; (3) if Mr. Holder agrees to relinquish his access rights on Plaza Blvd., vacation proceedings be initiated upon award of the State contract for access portions of Plaza Blvd. The City Manager said Mr. Holder is in agreement and recommended they proceed. Moved by Waters, seconded by Camacho, in favor of City Manager's recommendation and requests_ of Mr. Holder. Carried by unanimous vote. Absent: Morgan. A preliminary report from City Manager regarding the establishment of a Human Relations Commission and recommending two weeks of additional study be granted was presented. Councilman Waters asked if anyone could explain why they need a Human Relations Commission as he hasn't seen any reasons for this. City Manager Osburn stated he was surprised when this came up and knew of no reason for the Commission. Moved by Waters, seconded by Pinson, this item be filed. Vice Mayor Reid said he would like to see the information on it and vote on it in two weeks. There was discussion. Motion and second withdrawn. Moved by Waters, seconded by Camacho, this be laid over two weeks and the City Manager bring information back to the Council. Carried by unanimous vote. Absent: Morgan. NEW BUS INESS A communication from CITY OF CHULA VISTA enclosing copy of their resolution 5/30/72 206 supporting AB 584 to delete the southerly portion of Freeway Route 125 was presented. Moved by Waters, seconded by Pinson, in favor of AB 584 to delete the southerly portion of Freeway Route 125. There was discussion. Motion failed by the following vote, to --wit: Ayes: Pinson, Waters. Nays: CsmAcho, Reid. Absent: Morgan. Communications in regard to COMPREHENSIVE PLANNING ORGANIZATION: (a) Communication from Supervisor Scheidle, dated May 19, enclosing (b) Communi- cation from Chief Administrative Officer to the Board of Supervisors, dated May 16, in regard to the differences between the Policy Committee's Program Core Budget and the Preliminary County Budget; (c) Communication from Chief Administrative Officer to the Board of Supervisors, dated May 17, in regard to the• Comprehensive Planning Organization, were presented. Ordered filed by unanimous vote. Absent: Morgan. CITY OF IMPERIAL BEACH'S resolution authorizing the entering of agreements for joint purchases was presented. Ordered filed by unanimous vote. Absent: Morgan, Application for new off -sale beer and wine license by DELORES F. and THOMAS V. TOMORIA, dba TAMORIA ASIAN AMERICAN MARKET, 1031 Roosevelt Avenue was presented. Ordered filed by unanimous vote. Absent: Morgan. Communication from CHAIRMAN, YOUTH COMMISSION, CITY OF CHULA VISTA, in regard to a youth conference with representation from youth organizations in San Diego County in Feb., 1973, and inviting representation at a steering committee meeting June 1, 7•.00 p.m., 373 Parkway, was presented. City Manager Osburn stated if this is referred back to him he will inform all the young men in the City that he can find. Moved by Waters, seconded by Camacho, the communication from Chairman Youth Commission Cit of Chula Vista be referred to the City Manager for further studs. Carried by unanimous vote. Absent: Morgan. The request of NATIONAL, CITY COMMUNITY RODEO ASSOCIATION to use Hart Field, Kimball Park, September 9 and 10 and stating they have budgeted for the preparation of the field for the rodeo and restoration to its orginal condition after the rodeo was presented. Moved by Waters, seconded by Reid, the request of the National City Community Rodeo Association be approved to use Hart Field. Carried by unanimous vote. Absent: Morgan. A communication from the CITY MANAGER in regard to refusal of cab driver's permit to Charles S. Korrow, Charles Korrow's appeal of refusal, and the supporting documents from the Police Department were presented. City Manager Osburn stated this was refused under provisions of ordinance. Moved by Pinson, Seconded by Camacho, this„request be denied in conformance with the Police De artment recommendation, Carried by unanimous vote. Absent: Morgan. Minutes of the regular meeting of the STREET TREE AND PARKWAY COMMITTEE of May 18 and City Managers recommendation they be approved and filed were presented. Moved by Waters, seconded by Camacho, the minutes of the Street 1`ree and Parkway Committee of Ma 18 be filed and the recommendation of the City Manager be approved. Carried by unanimous vote. Absent: Morgan. Request of FRANK C. KUHLOW, Equipment Operator I, Sewer Division, to retire effective July 8, last day of work to be close of business on July 7 was presented, Moved by Camacho, seconded by Waters, in, favor of the request that Mr. Kuhlow's retirement be effective July 8. City Manager Osburn recognized Mr. Kuhlow in the audience, and said he has worked for the City for 18 years and is an excellent employee and recommended approval. Carried by unanimous vote. Absent: Morgan. Resignation of NANCY MARSTELL.ER, Clerk Typist II, PEP Program, effective June 8, close of business, to transfer to Clerk Typist II position, Planning Department was presented. Moved by Camacho, seconded by Waters, the 5/30/72 207 resignation of Nancy Marsteller. clerk Typist/ IX to transfer to position of Typist II to th9 Planning Department from th, PEP Program be approved. Carried by unanimous vote. Absent: Morgan. REPORTS CITY MANAGER OSBURN stated Mr• Maley recommend d the sale of season tickets to the swim pool priced as follows: Age 11 uner $7.00; Ages 12 through 17 $10.00; Ages 18 and over $15.00; full families $25.00; these tickets would be good from June 17th to September 5 and will be good any day for the age groups or when general swimming is allowed. Moved by Pinson, seconded by Waters, in favor of Mr. Maley's, Director of Parks and Recreation, request. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid. Absent: Morgan. CITY MANAGER OSBURN stated on May 15 the Policy Committee of the Comprehen- sive Planning Organization met and adopted a motion to hold a special meeting on open space and agricultural alternative proposals for the purpose of receiving citizen input prior to approval of open space and agricultural concept; this meeting is to be held at 7:30 p.m., Ballroom, House of Hospitality, Balboa Park, June 8, 1972. Ordered filed by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN stated last week he presented a report of use of the City's tree mover by San Diego State University and it was his intention to recommend that this be at no cost to the University and at a time when the City is not using the rig. There was discussion. Moved by Camacho, seconded by Pinson, the City Mana is recommendation that we shoulder the whole thing be approved. Carried by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN stated he received a communication today from the National League of Cities, U. S. Conference of Mayors and the International Managers Association urging the City to contact our Congressman and urge him to vote for the closed rule; a vote against the closed rule is a vote against revenue sharing; if Council desires he would be happy to write our Congressman a letter informing him of this. Moved by Pinson, seconded by Reid, the City Manager be directed to write a letter to our.resenta- tives informing them we would prefer that they vote on the closed rule. Carried by unanimous vote. Absent: Morgan. A PLANNING DEPARTMENT transmittal in regard to application for Residential Planned Development Permit No. 45, proposed 15-unit apartment complex at 3306 Plaza Blvd., R-4-PD, Residential Planned Development Zone (Carol L. Arnold, Arnbro Corp.) stating the Planning Commission recommended approval subject to staff's 12 recommendations was presented. Planning Director Gerschler stated this plan meets all existing laws and ordinances, the Planning Commission has reviewed it and recommends it be approved subject to the 12 conditions set forth. Moved by Camacho, seconded by Waters, the Planning recommendation this be approved and all conditions set by the Planning Commission be adhered to, Carried by unanimous vote. Absent: Morgan. A PLANNING DEPARTMENT transmittal in regard to application for Limited Commercial Planned Development Permit No. 47, proposed twin cinema building at 1001 Harbison Ave. C..2.PD limited Commercial. Planned Development Zone (Intercontinental Cinemas Corporation) and stating the Planning Commission recommends approval subject to 6 conditions of staff was presented. Planninc Director Gerschler stated the Planning Commission has reviewed the plans of Intercontinental Cinemas Corporation and recommends approval of plans subject to conditions set forth in the transmittal. Moved by Waters, seconde by Pinson, in favor of Item 8 transmittal in regards to permit No. 47 for 1001 Harbison. There was discussion. Carried by unanimous vote. Absent: Morgan. A PLANNING DEPARTMENT transmittal in regard to application for deferral of 5/30/72 208 installation of permanent paving for one-half the street width t 2147-49 La Siesta Way, R-2, Two -Family Residential Zone (Alfred •Dthaao one condition and stating the Planning Commission recommends approval subject of staff waspresented. resented. Moved by Waters, seconded by Reid, in favor one the transmital at 2147-49 La SiestaWa R-2 Two -Famil Re identia Alfred D. Sloan). Carried by unanimous vote. Absent:A PLANNING DEPARTMENT transmittal in regard to application for deferral of installation of sidewalk at the northeast corner ilard and stating the St., M•-3, Limited Industrial Zone (L. Bruce t Planning Commission recommends approval subject to the two conditions of staff was presented. Moved byrecommendation Pinson,seconded by Reid, the of the Planning Commission be adhered to. Carried by unanimous vote. Absent: Morgan. Vice Mayor Reid stated there Camacho, seconded by Waters, vote. Absent: Morgan. The will be no meeting June 6, 1972. Moved by the meeting be closed. Carried by unanimous meeting closed at 8.40 p.m. City Clerk City of National City, LCalifornia The fore oing minutes were approved by the City Council of National City g at the regular meeting of June 13, 1972s No corrections Correction as noted below Jc� Mayor, City of National City, California 5/30/72