Loading...
HomeMy WebLinkAbout1972 08-08 CC MIN275 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 8, 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: Campbell, Assistant Planner Gunnarson, Assistant City Engineer Hoffland, Liesman, McLean, Osburn,, Stenberg, SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Rev, Ashley, First Baptist Church, APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of August 1, 1972 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN WATERS said he was concerned about the parking around City Hall; since the start of the PEP Program there are 60 additional cars around City Hall; there was no place at all for the public to park; he had asked several times about getting the property across the street where there were two homes, one of which wanted to sell; they could create a parking area for the staff, COUNCILMAN WATERS said several months ago two young ladies from Sweetwater High, Miss Colleen (Lafferty) and Miss (Linda Marie) Tanci-1,, asked the City to support them because they wanted to go to Columbia, etc.; he read a postcard received from them, Councilman Waters said it was amazing, here were two teenagers far away and having a good time and they still had time to think about the City and the people in it.. COUNCILMAN WATERS read a resolution of commendation to Malcolm Gerechler rom the Chamber of Coerce & asked the City Mannager to give it to Mr, cierschier. MAYOR MORGAN said in regard to the swim meet last Sunday there were no directional signals or arrows to help the out of town people get to the Municipal Pool, The Mayor asked the City Manager to see if they could find some way to help get the people in there, especially while they were building the freeway, MAYOR MORGAN said Mrs. (Eva) Silva collected $1,058 to pave the alley west of '"C" Avenue from 18th to 21st; the City told her the cost would be $300 per block; there are three blocks there and she has a thousand and some dollars; in the meantime the Council raised the price; he didn't think it was fair to tell her they would do that alley for a certain price and then when she goes out and raises the money they told her it would cost about $1700. Moved by Morgan, seconded by Reid, they waive this requirement of this extra charge on this alley between 18th and 21st west of "C" Avenue so the move r that was collected would be enough to put her alley in. There was discussion„ Carried by unanimous vote, MAYOR MORGAN recommended the appointments of Mrs. Bernice Meieri,3420 Tolas Court to replace Al Alvarado to the Park & Recreation Advisory Board, re —appoint Mrs. Lillis Hlawatsch to the Library Board of Trustees,,,. and Nancy Hokens on (1405 "J" Ave.) as youth commissioner to the Library Board of Trustees « Moved by Waters, seconded by Camacho, the Mayor's 8/8/72 276 recommendations be approved. Carried by unanimous vote. MAYOR MORGAN said the Manager and he met with the County Emergency Drug Program yesterday in the County office Rm. 209, 1600 Pacific Highway; Mr, Jim Bearts aide was there and Mrs. Holliday who runs this Emergency Program; the meeting was to talk about Methadone Center at Harbison and Division; they were going to set up a meeting with a small committee of the group who protested; then they will be in contact with everyone who signed that petition; they will publicize it in the paper and get any and all people to the meeting; the Manager and he offered the Community Building; he thought in the very near future they would have this problem worked out or solved. MAYOR MORGAN recognized Chief of Police Jack Liesman and presented a 25-.year pin to him. Police Chief Liesman said 25 years was a long time; it was over half his lifetime; he thought he could honestly say each year had seen an improvement; he hoped all the future years would see an improvement; he hoped that he could add to that improvement and remain a servant of the people of National City for many years to come. ORAL COMMUNICATIONS DAVID WIGNALL, 508 "J" Avenue, was present and said City crews resurfaced "J" Avenue and 'eI" Avenue with tar and gravel and asked if this was supposed to be a permanent surface. Mr. Wignall said the noise on that road has gone up considerably* There was discussion. Mr. Wignall also said along these streets they should try experimenting with a few yield signs and a few stop signs as there had been several serious accidents in the last year; that whole area north of 8th Street and south of 2nd Street and down on the went by National and on the east by Palm has been the scene of some very terrible accidents. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters tie reso .cations be read title. Carried by unanimous vote. RESOLUTION NO, 10,766, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN THE CITY OF NATIONAL CITY ANE) THE NATIONAL CITY CHAMBER OF COMMERCE." Moved by Reid, seconded by Camacho, Resolution No. 10,,766 be adopted. Carried by unanimous vote. Resolution No. 10,767 ("Resolution Giving Notice of Intention to Vac2.te and Close 20th Street from the Easterly Line of Harrison, East A Distance of 115 Feet .. Reliance Steet & Aluminum Co") was listed on the agenda but the City Attorney said it was not ready for presentation. RESOLUTION NO., 10,768, "RESOLUTION AUTHORIZING MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT FOR THE PURPOSE OF PARTICIPATING IN A COMPREHENSIVE PLANNING ORGANIZATION," Moved by Camacho, seconded by Reid, Resolution No • 10 768 be ado ted.. Carried by the following vote, to.wit: Ayes: Camacho„ el Morgan, Nays: Pinson, Waters. RESOLUTION NO. 10,769, "RESOLUTION APPOINTING REPRESENTATIVE TO THE COMPREHENSIVE PLANNING ORGANIZATION." City Attorney McLean said Vice Mayor Reid was named as the first representative and Mayor Morgan the alternate. Moved by Camacho, seconded by Reid, Resolution No. 10,769 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,770, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE CONSTRUCTION,, OPERATION AND MAINTENANCE OF A PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE; AND DECLARING THE 8/8/72 277 INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (2340 East 18th Street)." Moved by Pinson, seconded by Reid, Resolution No, 10,770 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,771, "RESOLUTION ADOPTING STREET PATTERN FOR E. J. CHRISTMAN BUSINESS & INDUSTRIAL PARK I." Moved by Waters, seconded by Camacho, Resolution No. 10,771, be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said their action to condemn the property of the California»American Water Co. was coming to a conclusion this week; in conjunction with the final arguments, they have prepared the trial brief which he had distributed; ...if they will take the time within the next couple weeks to read the trial brief, they will be equipped to discuss the matter. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Retirement Sewer Total were presented: $12,515012 620.53 618.20 11,095.79 10345.20 $26,194.84 Moved by Camacho„ seconded by Reid, the bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE CCMMITTEE in the amount of $137,,180,98 was presented. Moved by Camacho, seconded by Waters, the payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. HEARINGS The HEARING ON THE RESOLUTION OF INTENTION FOR THE 1911 ACT IMPROVEMENT OF THE ALLEY IN BLOCKS 239 AND 240, ASSESSMENT DISTRICT NO. 179 was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavits of Mailing and Posting were on file; no protests were received, ROBERT ONLEY, ASSESSMENT ENGINEER FOR THE CITY OF NATIONAL CITY, stated he prepared a map of District No. 179 which was on the wall; the colored line was the exterior boundary of the district; the assessment number for each parcel to be assessed was shown in purple; the proposed improvement was shown in a shading on the map; the improvement of this district was an alley improvement which was 6" concrete pavement or an alternate approved by this Council; it will be 61 of concrete with a 6" rock base and 2" AC on two sides. Mr. Onley continued this is an assessment district where the benefits of the improvements were spread equally amongst the properties that face directly upon the alley; the total cost of this assessment is $10,,078,.10; incidental expenses come to $2,337.00,, making a total of $12,415,20; Cityls contribution will be $605.20, leaving a benefit assessment of $111810.00.. Mr. Onley stated every parcel in the district would benefit by the project. No one was present in this regard, Moved by Camacho, seconded by Reid, the hearing be closed and the Resolution of Intention for the 1911 Act improvement of the alley in Blocks 239 and 2404 District 179) be approved. Carried by the following 8/8/72 278 vote, to1.wit : Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan., The HEARING ON THE PROBED AMENDMENT (A«.7-72) TO THE ZONING ORDINANCE TO ADD "DENSITY" DEFINITIONS FOR RESIDENTIAL ZONES AND FOR THE TCR-FD ZONE was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. ASSISTANT PLANNER GUNNARSON stated this amendment would add a procedure to the Zoning Ordinance to provide for a density limit overlay zone; this overlay zone would be similar to a flood plain overlay zone which they may be familiar with; the existing underlying zoning would remain in it and this would add a procedure for applying density limits for a given area; this amendment does not estab- lish density standards for any area of the City; it would be necessary to hold a public hearing and hold zone change proceedings to apply a given density limit to any particular area of the City; this merely provides procedure and technique to apply density standards. There was discussion. No one was present in this regard. Moved by Waters, seconded by Pinson, ro osed amendment A..7-»72 to the Zonin Ordinance TCR..PD Zone be approved and the public hearing be closed. Carried by unanimous vote, The HEARING ON THE PROPOSED AMENDMENT (A0•8..72) TO THE ZONING ORDINANCE TO REQUIRE CONDOMINIUM AND COMMUNITY APARTMENT COMPLEX TO COMPLY WITH THE RESIDENTIAL PLANNED UNIT DEVELOPMENT STANDARDS OF ORDINANCE 1116 was held at this time, City Clerk Campbell said the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. ASSISTANT PLANNER GUNNARSON stated on June 13 the City Council adopted an urgency interim ordinance that put these same regulations into effect; this case would make those regulations permanent. No one was present in this regard. Moved by Pinson, seconded by Camacho, the public hearinf be closed and that the proposed amendment to the Zoning Ordinance to require condominium and community apartment complexes to comply with the Residential Planned Unit Development Standards f Ordi.nanc�e 1 6 be p aed prov.. Carried by unanimous vote. The HEARING ON THE PROBED AMENDMENT (A•.9-72) TO THE ZONING ORDINANCE TO ADD "SITE PLAN REVIEW" PROCEDURES FOR ALL ZONES AND USES TO CO -LY WITH GENERAL PLAN "PLANNED DEVELOPMENT" OBJECTIVES was held at this time. City Clerk Campbell said the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. ASSISTANT PLANNER GUNNARSON said the General Plan made a recommendation that Planned Development permits be required for all apartment houses, manufacturing and commercial buildings; Council has already approved the site plan procedure for apartment projects; they were working with it now and it seemed to be effective; they were suggesting that this same procedure be applied to commercial and Indus*. trial developments as well. No one was present in this regard. Moved by Waters, seconded by Pinson, the public hearing be closed, the proposed amendment A 9 .72 to the Zoning Ordinance to add "site plan review" to the General Plan be roved and that all Plannin Commission recommen- dations be adhered to. Carried by unanimous vote* REFERRALS The report of the CITY ATTORNEY, POLICE CHIEF and CITY MANAGER in regard to drunk arrest policy was presented* Moved by Waters, seconded by Reid,the o in favor of the Police Chiefs and Cit Dana errs recommen•» lotions. Mayor Morgan spoke against the motion saying there should be some way they could eliminate taking these people through the courts;... they should get busy and work out something where they could handle it better than it was being handled; the courts were full and people who committed violent crimes can't get before a judge because they have all of these other odds and ends taking the judge's time; he was in favor of a swift and quick trial for violent crimes; it was time this law was changed. There was discussion. Motion to approve carried by the following 8/8/72 279 vote, to..wit : Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan. Moved by Morgan, seconded by Waters, they authorize the City Attorney to cane u with a chap a in State law where the could handle this drunkyroblem situation. Carried by unanimous vote. The CITY MANAGER'S report in regard to the triplex on 16th Street was presented. City Manager Osburn said the City purchased the property through a tax deed; there are many problems with the lot; it's below the 16th St, elevation and was impossible to get a driveway on 16th St.; the only other way in there was a 3O' easement; so far, there are 5 triplexes in there and each one of them has an easement to their own property, but they don't have the right of entry to each other and theoretically,, they were not supposed to go in there* Moved by Morgan, they consider tearing this building down and leaving this lot for open space which they have started in National City by buying lots to have some space for the kids to play on. Motion died for lack of second. There was discussion. Moved by Reid, in favor of the Planning Department„ Died for lack of second. Moved by Reid, seconded by Waters, th City Attorney give the answer that he has. Carried by unanimous vote. City Attorney McLean said the present shell could not be finished according to the present plan because it does not comply with the existing multiple residential development standards; he did not speak about whether it was feasible to make a duplex out of it; that was a businessman's decision; it was clear that whatever was done to finish that building, the finished product had to comply with the ordinances in effect today; there was nobody in the chain of title now that had any non -conforming rights; if the property is developed, whoever buys it has to comply with the ordinances. Councilman Waters said they could put that in the motion. City Attorney McLean said his point was they would be doing the buyer a real dis- service for them to buy this thing thinking because the City was selling it to them and there was a triplex started, they were somehow going to go ahead and finish it that way. RONALD A. SEERY, LEW DITLER REAL ESTATE, 6222 University Avenue, San Diego, was present. Mayor Morgan asked if they sold him the property for the amount and with the recommendation of the City Manager that wanted him to tear that thing down, would it still be feasible for him to proceed. Mr. Seery said he represented the buyer; no, it would not be feasible to tear it down, not economical. There was further discussion, Moved by Waters, seconded by Camacho, this item 2 on 16th Street be referred back to staff and this man come in during the work week and work with staff and get the situation straightened out to where ite makes more sense* Carred by the following vote to -►wit Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan. ASSISTANT PLANNER GUNNARSON made an oral report in regard to the land- scaping of apartments in the 1500 block of E. 8th Street stating the apartments referred to by Mr, Duke last week in the 1500 block, were actually four four-plexes in the 1700 block. RAY DUKE, 1414 "K" Avenue, was present and said he was referring to the apartments by Starfire Industries located next to the Lyons Cleaners; it was either the 1600 or 1700 block. Mr. Gurnnarson said the permits were issued in August of 1971 prior to the adoption of the existing apartment house zoning regulations; at that time there were no landscaping requirements in the Zoning Ordinance; they have sent letters to the owners of these four..plexes asking them to cooperate with the City to provide the necessary landscaping, The CITY"MANAGER'S report in regard to the Chamber of Commerce's suggestion to hire an additional parkette was presented, Moved by Waters, seconded by Camacho, this item be filed andthe City Manager's recommendation be adhered to. Carried by unanimous vote. NEW BUSINESS Claims against the City received from RAYMOND RODRIGUEZ. 239 W. 18th Street; BERTHA MIRANDA, 239 W. 18th Street; MARIE RODRIGUEZ, 239 W. 18th Street; and BARBARA L. CARR, 8618 Parkbrook Lane, San Diego, were 8/8/72 280 presented. Moved by Waters„ seconded by Camacho, this request be denied and be referred to the City Attorney for further action. Carried by unanimous vote. A communication from the DIRECTOR, PUBLIC EMPLOYMENT PROGRAM, advising a temporary hiring freeze on all PEP positions until further notice and stating the freeze should cause only a short period of inconvenience and does not mean the PEP Program is being terminated was presented. Ordered filed by unanimous vote. A communication from the SECRETARYTREASURER, NATIONAL CITY SERVICEMEN'S CENTER, requesting an allocation of 5OO in the 1972.73 budget for the Servicemen's Center was presented. Moved by Pinson, seconded by Camacho this item be approved, Carried by unanimous vote. A communication from the CITY MANAGER in regard to the vacant lot on "Q" Avenue north of 16th Street and stating the owners are willing to take $11,,500 for the lot was presented. Moved by Morgan, seconded by Reid they authorize the City Manager to offer $10,r 000 cash for this lot. There was discussion. Carried by unanimous vote. A communication from the CITY ENGINEER in regard to acquisition of right.•of.way on La Siesta (Wight) and recommending obtaining an appraisal was presented. There was discussion. Moved by Reid, seconded by Morgan,, the City Engineer's recommendation be approved they have this appraised so they could go ahead with theob,. Stephen E. Wight, 2301 Lanoitan, was present and said he had been offered $2500 for the garage and property, but he had another problem; he had no place to put another garage; it was going to hurt the value of his property. There was further discussion. Mr, Wight inquired if there was an agreement made between the owner of Lot 283 on La Siesta to put a drain through his property, Assistant City Engineer Hoffland said this makes the whole project feasible; it would not be feasible to construct La Siesta Way without drainage which would benefit the whole district. Motion carried by the following vote, to -»wits Ayes: Camacho„ Pinson„ Reid, Morgan, Nays: Waters, An application for refund of a $100 performance bond by RAUL M. RODRIGUEZ, 2130 DA" Avenue, approved by the Engineering Department, was presented. Moved by Camacho, seconded by Reid, the refund be approved. Carried by unanimous vote, A communication from the CITY OF NEWPORT BEACH in regard to the extension of Doheny Beach State Park and Capistrano Beach Club site and enclosing a copy of their Resolution No. 7769 urging the State of California to reassess and vigorously pursue the acquisition of Capistrano Beach Club site to be used for extension of the Doheny State Park was presented. Moved by Waters, seconded by Pinson, they support the City of Newport Beach in regard to their beach state park, Capistrano Beach Club site. There was discussion, Carried by unanimous vote. The CITY MANAGER'S recommendations on the League of California Cities Legislative Bulletin No, 14, dated July 28, and the Legislative Bulletin were presented. Moved by Waters, seconded by Camacho, the City Manager's recommendations be approved. Carried by unanimous vote, A copy of a letter of resignation .from the Park & Recreation Advisory Board by AL ALVARADO was presented. Ordered filed by unanimous vote, REPORTS CITY MANAGER OSBURN said Mr, John C. Dolan has problems with the Planning Department and possibly the Building Department regarding starting a business over at 2220 McKinley; he has recently acquired a' contract with 8,8'72 281 the Navy to furnish 3 million gallons of purified water to the Navy per year; he has a zoning problem; his fence is too high and he was willing to cooperate and comply with the Planning Department's require- ment and with the Building Department's requirement. Moved by Camacho, seconded by Waters, this 2entleman be given the right to operate on a tem rar basis 30 da s or whatever he needs until th P annin Commission decides to do whatever. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a notice from Mrs. Holthaus and Mr, Bill Miller,, Director„ Harbison...Division Clinic, inviting the Council to come up to the Clinic in the afternoon around 4:30; Mrs. Holthaus invitation is for 4:15 on Friday if convenient for the Council to come; the Director of the project said any day from. 4:30 to...or 5:00 -- 7:00 p.m,; this is the Methodone treatment center. A PLANNING DEPARTMENT transmittal in regard to the subdivision map name procedure stating the Planning Commission recommends endorsement of the subdivision map name procedure suggested by the San Diego County Recorder in his letter of July 11 was presented. There was discussion. Moved by Waters, seconded by Camacho, the transmittal in regard to the San Diego County Recorder and their recommendation be approved. Carried by unanimous vote, The PLANNING DEPARTMENT transmittal in regard to the application for R-r4-PD,, Reridential Planned Development Permit No. 49, for a proposed 22-unit apartment complex at 2227 E. 16th Street, R-4-PD Zone, by Robert Harvey and stating the Planning Commission recommends the permit be granted subject to 8 conditions of staff was presented. Assistant Planner Gunnarson said this 22..unit apartment was at 16th Street and Orange; it meets all of the reguirements of Ordinance 1306; the Planning Commission recommends approval of the Planned Development Permit subject to the conditions of staff. Moved by Camacho, seconded by Reid, the PlannerZs recommendation be a roved and it be ranted subject to the 8 conditions of staff. City Attorney McLean said he once had a business relationship with a man involved in this item; he had no connection with him anymore. Carried by unanimous vote* The PLANNING DEPARTMENT transmittal in regard to the application for Limited Commercial Planned Development Permit No, 51 for a proposed Fotomat sales kiosk at 903 Harbison Avenue, C-2••PD Zone, by Fotomat Corporation and stating the Planning Commission recommends the permit be granted subject to the conditions of staff was presented. Assistant Planner Gunnarson said the application for a Planned Development Permit by Fotomat Corporation for a kiosk at 903 Harbison Avenue was in the existing shopping center development at that location; the Planning Commission reviewed it and recommended in favor of approving the Planned Development Permit subject to the conditions of staff.. There was dis cession. Moved by Waters, seconded by Pinson,, the request of the Foto- mat Sales at 903 Harbison Avenue be approved and all stipulations of staff be carried out. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to the proposed lot split (tentative parcel map) at 2904 and 2910 B. 16th Street by F. James Bear and stating the Planning Commission recommends approval subject to 6 con- ditions with a provision in part that the applicant pay all sewer connec- tion fees prior to the issuance of a building permit was presented. Moved by Waters, seconded by Reid, the of s it be a roved at 2904 a d 2910 E. 16th Street sub 'ect to condi,t'crts of staff*. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to a lot split (tentative parcel map) at 1821 E. 17th Street by Beatrice L. Yahnke and stating the Planning Commission recommends approval subject to 3 conditions of staff was presented. Moved by Camacho, seconded by Reid, the lot tplit be a roved at 1821 E. 17th Street ith the 3 condi ions set b staff. Carried by unanimous vote* 8/8/72 282 Moved by Pinson, seconded by Waters, the meeting be closed, Carried by unanimous vote. The meeting closed at 8:54 p.m, Cxty erk City of National 'ty, California The foregoing minutes were approved by the City Council of National City - at the regular meeting of August 15, 1972, E3 No corrections Correction as *toted below Mayo t CI ''y ational City, California 8/8/72