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1972 09-12 CC MIN
MINUTES OF THE REGULAR MEETING OF THE CITY T CALIFORNIA L OF THE CITY OF NATIONAL CITY, September 12, 1972 ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Asst. City Engr. Hoffland, Acting City Attorney Lincoln, 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. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of September.5, 1972.be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR REID inquired about plans for the Bowl. Asst. City Engr. Hoffland replied plans were just about wrapped up. Mayor Morgan said since they voted it in he had been thinking about the cost of the restrooms: $25,000- $30,000; there are restrooms on one end and on the other end it as sa littayole ways away; they should go to bid with an alternate on the restrooms. Morgan said it was time to think about building a building down here by the zoo; they could build it for around $30,000; it would be more beneficial to this City to build that building than it would be to put those restr omsfeein there since they have restrooms on one end of that and a few hundred from the other end; this building had been torn down a long time amand ttthere was no building within the City of National City that got an this building down there where they had dances and pool tables and this sort of thing right there near the zoo. There was discussion. Asst, City Engr. Hoffland said the plans were essentially ready to advertise for bid and they could add the additive alternate or deductive alternate. COUNCILMAN WATERS said the City should take the leadership of cleaning up of the City and vacant lots; there is a weed abatement program if people don't clean up their lots. Mr. Waters said he had complaints this week about the City; the City was piling tumbleweed, 4th of July debris, etc.on the lots behind the old school on l8th Street; some of it is piled on private property; it is a fire hazard and he was surprised the Fire Department didn't get on them; the City was piling trash 51 or 6' high, COUNCILMAN CAMACHO said the tuna people were very busy; he received a number of these letters, all from residents from Pt. Loma, La Jolla, East San Diego and San Diego, but he hadn't received a letter from anyof their citizens jumping with joy about the situation; he received a numberphone asking them to stand fast on their ordinance. MAYOR MORGAN said people worked hardon the rodeo but rwhens erthe German att the mike said all the proceeds of this goes to the Se ve didn't set well with some people; maybe he should be advised that all the money doesn't go to the Servicemen's Center. Councilman Waters inquired what part doesn't go to the Servicemen's Center. Mayor Morgan said there wasn't a dime that went last year. Councilman Waters said there was, he happened to be involved in that; he was on the Board ofmo ey Directors andhat every dime that had been made...Mayor Morgan said there was nt into the Servicemen's Center last year; he said all proceeds go into the Servicemen's Center; this was not true; that's false advertising. Councilman Waters said every dime of profit that was made other than expensesgoesgoes 10 into the Servicemen's Center and whoever told the Mayor thatwas fullof mud. t Mayor Morgan said these were exactly the words he said, all proceeds from this rodeo goes into the Servicemen's ,Center . Counci l=aanwiPinsonn error; he was the President of the Rodeo Association rand maybe to where it he didn't know how anyone could take those would mean every bit of money that went through those gates aVente ot thbuyehe Servicemen's Center because naturally, they were going to hhot dogs to be able to sell them; they were going to have to pay those rodeo people for putting on the rodeo; it would naturally be the net proceeds; the guy was in error if he said all proceeds; he should dh ve the Caudcilnet tprO- ceeds; he would like to assure the officials present all net proceeds go to the Servicemen's Center; they don't have to go to the Servicemen's Center; this is a non-profit organization and they could desig- nate any place that they wanted to to put this money, but this thing had to come out to zero at the end of the year; no one was getting away with any money in that Rodeo Association. Councilman Waters said they did have a nice crowd and the Servicemen's Center did make a profit this year. COUNCILMAN PINSON inquired about the bet with Chula Vista and asked what happened about the flag. ORAL COMMUNICATIONS BERNARD L. TRAGER, 905 E. 4th Street, was presentand invited the Mayor and all members of the City government to the initiation ceremony for new members of the American Legion; the ceremony will be held Sunday, September 17, 2:30 p.m., Legion Hall, 18th Street; their families and frre st©ereealso e-» invited to attend; they :nay bring them to enjoy a brunch p mony which will be served from 10:00 a.m. - 2:00 p.m. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,802, "RESOLUTION ACCEPTING CONVEYANCE OFcREdREAL d RPRy OPERTY (Herbert A. and Hazel M. Anderson). Moved by Camacho, Resolution No. 10,802 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,803, "RESOLUTION GRANTING A LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT (No. 8, Thrifty Oil Company, 1139 Harbison Avenue) ." Moved by Reid, seconded by Camacho, Resolution No. 10,803 be adopted. There was discussion. Carried by unanimous vote. RESOLUTION NO. 10,804, "RESOLUTION AUTHORIZING AND CLOSE WESTERLY THREE FEET OF PLEASANT LANE COUNTY ASSESSOR'S PARCEL NO. 558-030-1, EXCEPT THEREOF." Moved by Waters, seconded by Pinson, adopted. Carried by unanimous vote. Resolution No. 10,805, "Resolution Authorizing and Close A Portion of 'M' Avenue Southerly of listed on the Agenda but not presented. RESOLUTION NO. 10,806, "RESOLUTION AUTHORIZING EXTENSION OF CONDITIONAL USE PERMIT AT 121 E. 27TH STREET (Pacific Telephone and Telegraph Company)." Moved by Camacho, seconded by Reid, Resolution No. 10,806 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,807, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (IN' Avenue, 'M' Avenue, *L' Avenue and 26th Street, Assessment District No. 171)." Moved by Pinson, seconded by Reid, Resolution No. 10,807 be adopted. Carried by unanimous vote. EXECUTION OF ORDER LYING ADJACENT TO SAN DIEGO THE SOUTHERLY 56.50 FEET Resolution No. 10,804 be TO VACATE EXeCution of Order to Vacate Twenty -Fourth Street" was 9/12/72 11 RESOLUTION NO. 10,808, "RESOLUTION ADOPTING WAGE SCALE ('N' Avenue, 'M' Avenue, 'Li Avenue and 26th Street, Assessment District No. 171)." Moved by Reid, seconded by Camacho, Resolution No. 10,808 be adopted. Carried by unanimous vote. "RESOLUTIONN Avenue, ' Avenue, RESOLUTION NO. 10,809, ORDERING WORK {' ' M IL1 Avenue and 26th Street, Assessment District No. 171)." Moved by Waters, seconded by Camacho, Resolution No. 10 809 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,810, "RESOLUTION OF THE CITY OF NATIONAL CIT MMoved Y, CALIA,, MODIFYING THE ADOPTED WORKABLE PROGRAM FOR CITY IM ►V by Pinson, seconded by Camacho, Resolution No. 10,810 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,811, "RESOLUTION ORDERING WORK(Alley n neBlocks 239 39hand 240,Assessment District No. 179)." Moved by Reid, sec by Resolution No. 10,811 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 10,812, "RESOLUTION ADOPTING WAGE SCALE (Alley in Blocks 239 and 240, Assessment District No. 179)." Moved by Camacho, seconded by Reid, Resolution No. 10,812 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. ADOPTION OF ORDINANCES 9/5P2 - ZONING ORDI- NANCE NO./1331, "AN ORDINANCE AMENDING ORDINANCE NO. 962, NANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-5-72, to rezone from C-2.-PD, Limited Commercial Planned Development Zone, to R-4-PD, Residential Planned Development Zone, the area east of Euclid Avenue treet and Plaza Boulevard, known as the Plaza Manor and Granger Apartment Projects) was presented for second reading. Moved by Camacho, seconded by Reid, the second reading of the ordinance be by title. Carried by unanimous vote. The title was read. Moved by Waters, seconded by Camacho, Ordinance No. 1331 be adopted, Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $11,581.38 Traffic Safety 850.79 Park 5,401.20 Retirement 11,018.17 Drainage 180.60 Sewer 737.60 Total $29,769.74 Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS A communication from the EXECUTIVE OFFICER TO THE LOCAL AGENCY FORMATION COMMISSION recommending that the Commission set the proposed Edwin W. Reiner Annexation to the City of National City for a public hearing at 9:00 a.m., October 2, was presented. Ordered filed by unanimous vote. 9/12/72 12 NEW BUSINESS A communication from the SECRETARY, KIWANIS CLUB OF NATIONALdCITY, at allentrancesstating the Board of Directors request that screen doors be to the dining and cooking areas of the Community Building and a report from the Building Services Foreman that the cost for material to screen windows and doors will be $750, installation to be done byCity Building Maintenance men, were presented. Moved by Reid, seconded by Pinson, thisbee approved if the City Manager has the men and money to do it. Carried by the vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. A communication from the PRESIDENT, NATIONAL CITY ROTARY CLUB,, stating several charitable organizations would like to obtain a vehicle such as their former "dope van" which was presented to the City and asking if the City would be willing to release ownership so arrangements can be made for one of these organizations to use it was presented. Moved by Waters, seconded by Reid, this van be turned back to the National City Rotary Club and that the proper papers be drawn up and the papers be signed. Carried by unanimous vote. A communication from DOMINGO CABRERA, 2311 Ridgeway Drive, stating he purchased a permit for a sewer lateral which was unabletobe installed ed so he bought a new permit to an easement sewer in back of property requesting a refund of the first permit and the Sewer Foreman's recommenda- tion the refund of $150 be approved, were presented. Moved by Camacho, seconded by Waters, the Sewer Foreman's recommendation be approved that this refund be approved. Carried by unanimous vote. A communication from MARGUERITE McMANN, 2700 National Avenue - 116, outlining the circumstances which led to damage of her car and notation that a copy has been forwarded to the insurance company was presented. Moved by Pinson, seconded by Reid, this be denied and referred to the City Attorney. City Manager 0sburn replied there was a drainage pipe placed at the curb return which was the only place they could figure; they had a policeman go and inspect the area and he went up himself and looked at it; they couldn't determine anywhere there were marks in this particular ditch where the car had hit; he was sure she hit something in the street but he didn't know where. PS. MARGUERITE McMANN, 2700 National Avenue, was present. City Manager Osburn said they assumed she had been parked on the west side of the street. Ms. McMann said that was correct. City Manager Osbu rn said they could find no marks where a car had hit there. Ms. McMann said there were planty of black marks there. The City Manager said they had referred it to the City's insurance company and they should contact her soon. There was discussion. Mayor Morgan said he would call this discussion out of order; they could not try this case here and he did not think it was fair to Ms. McMann. Carried by unanimous vote. A communication from the CITY MANAGER attaching a letter from Russell E. Maxwell, Community and Industry Relations Representative, U-Haul Inter- national, (stating the City and State may rent their equipment at reduced rate; in case of natural disaster their equipment is made available at no cost to anyone; and that they also volunteer to furnish driver, car, and trailer for one or two day classes to the local school districts) and requesting authorization to forward this to the Principal of Sweetwater Union High School was presented. Moved by Camacho, seconded by Waters, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from the CITY MANAGER in regard to the Senior Citizens High Rise and recommending the 4 committee members who have volunteered to inspect similar projects in San Francisco be furnished round-tri tickets and other incidental expenses was presented. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. 9/12/72 13 A communication from ROBERT E. BADHAM, ASSEMBLYMAN, 71ST DISTRICT, acknowl- edging receipt of the City's resolution urging the purchase e of theh entire Capistrano Beach Club site for use aseconded bylon of Cama,cho, the City Manager's Park was presented. Moved by Reid, recommendation be approved of writing a letter and the Council rescind the resolution. There was discussion. Carried by unanimous vote. A communication from the CITY MANAGER attaching the minutes ofg theeyStreet Tree & Parkway Committee meeting dof Augustoby and Waters, by Camacho, be approved and filed were presents the recommendation of the Street Tree & Parkway Committee be approved and the recommendation of the City Manager. Carried by unanimous vote. A copy of a communication from the CALIFORNIA LAW DEPARTMENT,ic Utilities TOPEKA & SANTA FE RAILWAY CO., to the Secretary of the Commission in regard to their application for authority to reduce to non - agency status its station at National City was presented. Ordered filed by unanimous vote. A communication from the PRESIDENT, LARSON ADVERTISING, INC., stating "Plant Balboa Datsun, Chula Vista, is carrying out Datsun's current A Tree" Program and has a check for $100 to be given to the City and that they would like to make the presentation at 2:30 p.m., Monday, September 11, Kimball Park, was presented. Moved by Morgan, seconded by Pinson, they take the 1100 and write Mr. Larson a letter of appreciation for the $100 f or trees in National City. There was discussion. Carried by unanimous vote. Approval of step increases for eligible employees, approved by department heads and City Manager: Joan S. Fowler, City Manager's Office; James by Kneebone, Police Department, were presented. Movedby Reid, the recommendation of the department heads and City Manager for step increases for eligible employees be approved. Carried by unanimous vote. REPORTS - None. MAYOR MORGAN turned the meeting over to the Vice Mayor ashe at8:07 ehd oatten another meeting. Mayor Morgan left the City Council Chambers HEARINGS The CONTINUED HEARING ON THE INTENT TO VACATE AND CLOSE THE SOUTHERLY 10' OF 17TH STREET BETWEEN "J" AND "L" AVENUES was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file; the Planning Director's recommendation mthe eCityr to the Council postpone the scheduled public hearing and refer Planning Commission for report and recommendation was attached to the agenda. There was discussion. Moved by Waters, seconded by Camacho, this public hearing be continued until November 14, 1972 and that each person within the district be notified by mail of the date of the continued ublic hearing, No one was present in this regard. Carried by unanimous vote. Absent; Morgan. The HEARING ON THE PROPOSED ZONE CHANGE ZC 87-71 TO ?REZONE TO C-3-A (GENERAL COMMERCIAL ZONE) THE FOLLOWING PROPERTY PROPOSED FOR ANNEXATIOD N NATIONAL CITY: THE SOUTHEAST CORNER OF INTERSECTION OF 30TH STREET D AVENUE was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Director's transmittal stating the Planning Commission recommended the prezoning to C-3-A be approved was attached to the agenda. WILLIAM HUGHES, SAN DIEGO DEVELOPMENT hearing 363 San Miguel Drive, Newport Beach, was present and said this to prezone this property to Commercial and they had been in contact with the Planning Department; they hoped to put in a Gemco Discount Store on the property; he thought it would be quite a benefit to the City; the plans for 9/12/72 14 what they were doing had been submitted, although it was not really part of their zoning application. Mr. Hughes exhibited the artist's rendering of the building planned for the property. There was discussion.No Pinson, one eeelse was present in this regard. Moved by Camacho, secondedby bearing be closed on Zone Change 87-71 to prezone to C-3-A (General Commer- cial Zone) and that all conditions of the Planning Department be adhered to. Carried by unanimous vote. Absent: Morgan. The HEARING ON PROPOSED AMENDMENTS TO THE GENERAL PLAN 1985 (G-6-7OF 2): (1) TO SHOW C,-2.-PD AREA NORTH OF 8TH STREET AND SOUTH OF 8TH: AS MEDICAL RELATED; (2) TO SHOW R-2, R-4 AND R-4-PD AREA NORTH OF 8TH, EXCLUDING SAN DIEGO ACADEMY, AND R-2 AREA SOUTH OF 8TH AS MEDIUM DENSITY SCI�C��• RESIDENTIAL (8.15 UNITS/ACRE) ; (3) TO SHOW SAN DIEGO ACADEMY AS A SITE ON THE GENERAL PLAN; (4) TO SHOW R.4 -PD AND APARTMENTUSAGE USSAGEUNITIN NCC-2 ZONE, SOUTH OF 8TH STREET, AS HIGH DENS I TYT�ESGRANGER � IAL G R APARTMENTS, LE CHATEAU RE), BEAUCHAMP APARTMENTS, PLAZA MANOR APARTMENTS, APARTMENTS; (5) TO SHOW TC. PD ZONED AREA AS COMMERCIAL, RECREATION & TOURIST ON GENERAL PLAN; (6) TO SHOW C-2--PD SOUTH OF 8TH STREET (EXCLUDING GRANGER & PLAZA MANOR APARTMENTS) AND C-2 SOUTH OF 8TH AND EAST OF EUCLID (EXCLUDING LE CHATEAU APARTMENTS) AS RETAIL, PERSONAL SERVICES AND REPAIR was held at this time. City Clerk Campbell stated the Certificate of Pub- lication was on file and the transmittal from the Planning Department stating the Planning Commission recommended approval was attachedagenda. There was discussion. RAY DUKE, 1414 "K" Avenue was present and asked the City Planner; in this case here, the Planner was bringing the General Plan into scope and agreement with the present zoning conditions; his under- standing of the Planning Director's intent was to take the City in blocks and work this General Plan into harmony with the zoning and in some cases to rezone to come into compliance. Planning Director Gerschler said that was true. Mr. Duke said where property had been purchased and ownership was under C-2, for example, and say it was a very large plot of land, what was his intent to do with this when it was combined and developed into commercial and apartment developments. Planning Director Gerschler said if one ownership has units on it and commercial on it, the zoning boundary could easily be drawn to go down the middle. Mr. Duke inquired what if the property owner didn't desire to do this. Planning Director Gerschler said they were attempting and had given notice to the property owners to let their wishes be known and would attempt to accommodate them. Mr. Duke inquired if he had any meeting ground that they could meet on to where they could still utilize the property; like small businesses they have in this City, they have several for combined income where the basis of the front of the lot being on one street for commercial use and the people having property rentals on the back on large lots; this may not be proper planning. Planning Director Gerschler said he was not arguing about it; he thought it was going to be necessary in a few cases and where it appeared to be necessary they would encourage it; they could be divided with a zone boundary. Mr. Duke asked if that could be done without splitting the ownershipof the property. The Planning Director said without splitting the ownership in any way a parcel could be divided by a zone boundary. Mr. Duke asked if that was just in zoning. The Planning Director replied that was just in zoning. Mr. Duke said in other words, where they had a C-2 piece of property, say it goes from 8th Street to 9th Street and the property facing 9th Street has apart- ment complexes, the property facing 8th Street was C-Zone and right now it was all C-Zone but it had the R--4 useage on 9th Street, would he be compelled in this case to seek or accept the lot split against his wishes. Planning Director Gerschler said the drawing of a zone boundary through a lot does not split the lot in any way whatsoever; it was not a lot split. Mr. Duke said it doesn't split it ownership -wise but it splits it purpose -wise; it also splits it market value -wise. Planning Director Gerschler said he would suggest in this case that they meet with this person and discuss the case. Vice Mayor Reid told Mr. Duke he should meet with the Planning Director and the man who owns this property; this discussion does not pertain to this public hearing and was not on the agenda. No one else was present in this regard. Moved by Waters, seconded by Camacho, the public hearing on the 15 proposed amendments to the General Plan 1985 (GP-6-72) and all stipulations of Item 3 under "Public Hearings" be adhered to and all stipulations of staff be approved. Carried by unanimous vote. Absent: Morgan. Moved by Pinson,seconded by Camacho, the meeting be. closed. Carried by unanimous vote. Absent: Morgan. The meeting closed at 8:25 p.m. City Crk City of National ity, California The foregoing minutes were approved by he City Counc�1 ofNat i'onal/City at the regular meeting of September 19, 1972. r---1 No corredtions 1---1 Correction as noted below Mayor, Cl tional City, California 9/12,E72