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HomeMy WebLinkAbout1972 09-19 CC MIN16 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NAUICNAL CITY, CALIFORNIA September 19 # 1972 The regular meeting of the City Council of the City of Nati,oual City was called to order at 7:30 ppm,,, by Mayor Morgan* ROLL CALL,, Council members present: Camacho, Pinson, Reid, Waters, Morgan* Absent: None, Administrative officials present: Deputy City Clerk Fasig, Foster GersFchler, , 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* Wit V. Prindle, Highland Avenue Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regu] ar rneetinc of Se tember 2 ]912 be a roved. Carried by Unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said 16th Street traffic has become quite a problem since the closing of l8th Street for the freeway and many people are afraid to drive down that street because of heavy parking on both sides; if this was referred to the Traffic Safety Committee, they could study it and perhaps eliminate all parking on 16th until l8th is completed. Councilman Pinson suggested portable stop signs be placed at the intersections of 16th and Palm and 16th and Harbison„ Moved by Pinson, seconded by Camacho1 the 16th Street ro be referred to th Traffic Safet Committ a for stud * City Manager burn said t e Traff cSmfety Comm ttee rest met. Councilman Pinson said if Councilman Camacho would amend that, he would change his motion to turn it over to the City Manager to use his discretion in taking care of the 16th Street problem„ Councilman Reid inquired if the City Manager would go to the Chief of Police and have the traffic men on this,,, City Manager Coburn said he would* Carried by unanimous vote, COUNCILMAN PINSON questioned the Port Commission's wisdom in the matter of the containerized port at the 24th Street pier; when they start putting con• tainers on their port„ this meant it was taking up ground that could be used for industry, jobs for National City and as a tax base; containerization gives them none of these, Councilman Camacho said he agreed with Councilman Pinson and the Council could go on record as quickly as possible to notify the Port District they would like to have that land utilized for something other than s stockpile of containers* Moved by Pinson, seconded by Camacho, the City Manager be authorized to write a letter to the Port Commission expressing the Council's wishes* Councilman Waters said the Port District held a meeting in this City Hall about a year or so ago on the subject of containerization and the buying of a crane; at that time the Council was in agreement with this type of operation; with the growth of the community in the South Bay area, the demands in shipping were going to increase; this has to be an acceptable thing* Councilman Waters said he was on the Industrial Committee (Chamber of Commerce) and they have been well informed by the Port District of what was happening; %hey must understand that like any other business it will grow and they have to make room for it; this decision should have been made 2 years ago when the Council approved it originally, Vice Mayor Reid said he wanted to check on this before voting on it* Moved by Pinson, seconded by Reid, a tabl th for one o e week. Carried by unanimous vote. COUNCILMAN WATERS said he had not received the City Manager's report in 9/19/72 17 relation to debris dumped on private property behind the school and inquired if that had been taken care of within the last week. City Manager Osburn said they were fencing the south end of the area now with a 6' chain length fence; they utilize this area to dump sweepers and things of this sort but there were other people dumping in there, too; this will stop when they have it fenced. COUNCILMAN WATERS said he didn't see anyone from National City on San Diego advisory boards and inquired why National City wasn't represented on advisory boards for the development of the county. Mayor Morgan said until they elect someone from the South Bay they were not going to have anyone on the boards. Moved by Waters, seconded by Pinson, this be checked out why National Cit does not have an eo le re resentin their City in the County for the over-all development of the County of San Diego,. Carried by unanimous vote. COUNCILMAN WATERS said he was amazed to find out a group of National City people who practice softball have to use a field in Pacific Beach and he didn't see why people of this City have to go somewhere else to practice softball. City Manager Osburn asked what were their names. Councilman Waters said he didn't know but he would like the City Manager to check this out with Mr. Maley (Director of Park & Recreation). COUNCILMAN WATERS said he had had quite a few comments in relat ion to how they were running out of room in City Hall; they should look into the pros- pect of purchasing the Catholic school (12th St. and "D" Ave.) which went out of business; maybe they could set up Purchasing and other offices there that don't require being right in the City Hall. COUNCILMAN WATERS said they promised the people in general there would be a hearing on Euclid Ave. and 13th St.; what was the hold-up on that. City Manager Osburn said they have purchased all of the rights -of -way except one; there was no hearing set for it that he knew of; they were to proceed after one year and purchase the rights -of -way; this was up on August 7. COUNCILMAN WATERS inquired if there was enough land in the area of their Port District to accommodate a ship yard and could the City Manager do a little study work to find out what it would really mean to this City; he knew Chula Vista just turned down a ship yard and since they desire to locate in the South Bay area, was there a possibility on our waterfront. Mayor Morgan said he had done a lot of thinking about moving the moth ball fleet; he saw no reason why they couldn't dredge a channel down the middle of the bay and anchor the ships there. City Manager Osburn said the Port Authority has checked into this; there are only 40 acres available if they move the moth ball fleet; that was not enough. Mayor Morgan asked if they could split it; the City has approximately 40-60 acres south of Scrap Dis- posal. City Manager Osburn said he didn't know; that would get the cutting and welding close to IT&T. Mayor Morgan said he was talking about offices and this kind of thing. Councilman Waters said a ship yard would bring a lot of outside people in here in relation to spending, etc. Moved by Waters, seconded by Pinson, they authorize the City Manager to look into this ship yard prospect. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. MAYOR MORGAN told the Planning Director that the hearing they wanted was for changing the zoning for some land behind Mr. Collins who owns the television business on the corner of 18th and Lanoitan; this is an estate and they want to zone it from C back to R-4; he would have to look very seriously at this when it comes to him as to whether they should zone any- thing more R-4; they have enough R-4's in this city. Planning Director Gerschler said the first purpose of those hearings was to give the correct zoning to properties that were already developed; they will give special thought to any other kinds of situations; he suspected this case the Mayor mentioned was an unusual case; the majority of the cases were probably existing apartment houses; he would take a special look at this property. 9/19/72 18 Councilman Pinson asked the Planning Director how early ahenotifies aaea. property owner that there is apossibility of a zone change in hisPlanning Director Gerschler said the Code requires notlesst 10 w0s much days; the notices usually go out 2-3 weeks prior to the hearing; ithey do include earlier than that, they get set asideand miss the hearing; with the notices a letter of explanation which invites them noacallsked foe or discussion or explanation of what was going on. Mayor 9a Planning Director if he decided they were getting more than their shaOerre of subsidized apartments, how would he control that. Planning farjas of Federal Government schler said he knew of no way to do so; most subsidized housing was a financial arrangement between an owner and the Federal Government in which the City doesn't get involved; they might be able to take some recommending action to the Federal agency involdin the project, but this was a very delicate question involving redevelopment projects and Federal funding schemes and he wouldn't want to comment on them offhand, MAYOR MORGAN said it came to his attention that some people involved with the rodeo thought he had said something against the Association; he did not sayanything against the Association; he didn't want the rodeo people eto come into National City and say all proceedn s owhenthis therodeo statement was made Servicemen's Center,Councilma�'iA�nter, did the Mayor interpret this all proceeds go to the Servicemen'sprofit of the to mean all money or did he interpret this omean lanroceeds, that means all function. Mayor Morgan said when a man saysP money. Councilman Pinson said if he had anything ��todwith oit next year he would try to correct it at the mike by saying alloep it would like to make the statement thatin$2,000 was contributed to the •19i�Q 991 $1,950 was contributed and Servicemen's Center from the rodeo; deo , they will be giving a check for $4,000 to the Servicemen's Center at "Salute to Navy" Oct. 11. Mayor Morgan said if they say all the profits, they wouldn't hear a complaint from him. COUNCILMAN PINSON said in the minutes of the Panning Commission heonoticed they have the percentage of people that were f considering 9a 1911 ct in one deferral of curbs, f discussions; have they set a policy that whenn gutters, sidewalks and streets they find out what the percentage was for a 1911 Act. Planning Director Gerschler said this , reference was made eate tin the City Engineer's comments to the Planning Camwne=soinfio a 1911 Act; it doesn*t he amount of interest being shown by property w represent a policy. Councilman Pinson asked if he thought this would ld be be a good policy. Planning Director Gerschler said he thought it a good policy that the Commission have that information; whether or not it would be a good idea to dig it out was Mr. Foster's department. eCityyEninee:� and Foster said in some instances the information could be obtained in others it would be difficult. ORAL COMMUNICATIONS KARL WELSBACHER, JR., 1005 E. 6th Street, was present and spoke against the closing of the Nations. City telephone office; he called the Pacific Tele- phone Co. today and they informed him the reason they closed their National p times City office was due to the fact they had been held ehmployeesmorytheir and robbed; they felt it was no longer safe forMorgan,seconded by customers to do business in that office;Moved by Pinson, they protest to the PUC the closing of the office of the Wflthectelerf on e company in National City, City Attorney McLean asked Mr• rom whom he got the statement the reason the office was closed was robbery. M. Welsbacher said unfortunately he failed to get the lady's name. Vice Mayor Reid inquired if anyone had asked the Chief of Policyn hol ups there had been. Moved by Morgan, seconded by Pinson, the motion be amend ed to direct the City staff to contact themana ement and talk to the people who have the authority to make these decisions an d ind out the basis for them. Carried by unanimous vote. 91972 19 KARL WELSBACHER, JR., 1005 E. 6th St., said he was happy to taking some action about getting the moth ball fleet out of they could talk the Navy into moving out, he would be happy help them move their gear so they could put their ship yard see the Council the port; if to go down and in. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,813, "RESOLUTION AUTHORIZING EXECUTION OFF CONTRACT 1BdETWEEN THE CITY OF NATIONAL CITY AND BOOK PUBLISHING COMPANY."by seconded by Camacho, Resolution No. 10,813 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,814, "RESOLUTION RESCINDING RESOLUTION NO. 10,774 RELATING TO DOHENY BEACH RECREATION PROPERTY." Moved by Pinson, seconded by Reid, Resolution No. 10 814 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,815, "RESOLUTION HONORING EDWARD G. STUBBS . " Moved by Waters, seconded by Camacho, Resolution No. 10,815 be adopted;. Carried by unanimous vote. RESOLUTION NO. 10,816, "RESOLUTION APPROVING AMENDMENT TO GENERAL PLAN (GP.-6-72) TO REVISE BOUNDARIES OF MEDICAL RELATED DISTRICT NEAR PARADISE VALLEY HOSPITAL." Moved by Camacho, seconded by Reid, Resolution No. 10,816 be adopted. Carried by unanimous vote. RESOLUTION NO. 101.790 10,817, "RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR CITY OWNED PROPERTY (Brown Motors)." Moved by Reid, seconded by Camacho, Resolution No, 193799 10,817 be adopted. City Attorney McLean said he had pointed out in the past that he has had a business relationship with some of the owners of Brown Motors, although it did not involve this transaction. Carried by unanimous vote. INTRODUCTION OF ORDINANCES ORDINANCE NO. 9/19/72, "AN ORDINANCE AMENDING ORDINANCE NO . 962, 2 , ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (ZC-87 71, TO GENERAL COMMERCIAL ZONE, THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF 30TH STREET AND HIGHLAND AVENUE) , " was presented for first reading. Moved by Camacho, seconded by Reid, Ordinance No. 9/19/72 have its first reading by title. Carried by unanimous vote. The title was read. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said Judge Focht entered a judgment in the City's action to acquire the California -American Water Co. property in the South Bay District; Judge Focht has ruled the following: No. 1, the just compen- sation to be paid to the defendant for the taking of the lands, properties and rights of the Sweetwater District, but without consideration of the loss of unbilled revenues and customer accounts receivable, and not includ- ing severance damage is the sum of $14,250,000; No. 2, just compensation to be paid to defendant for the loss of unbilled revenues and customer accounts receivable, is $60,000; No. 3, just compensationto be paid a severance damage to the remaining ownership, specifically in its Coronado District, is the sum of $175,000; No. 4, total just compensation to be paid ti defen- dant the sum of $14,485,000. City Attorney McLean said this sum was substantially less than the City's financial consultants estimated and was somewhat less than the company paid for these properties in 1966; the`Court in its opinion reflects substantially that the Court adopted the appra approaches of the City's witnesses. Councilman Waters asked if the City Attorney said the price was less than what they purchased it for in 19616. City Attorney McLean said the price was less at this phase of the trial' than 9/19/72 20 the City's witnesses estimate the property brought in 1966; this property is part of a bigger property; they don't know yet whether or not they will appeal; he thought what was important was the fact that the Court adopted a theory of the value of this property consistent with the City's views of how you should value a utility property; on that basis he fixed a pprice that is obviously within the power of the public to pay and operate success- fully on an economic basis; the next step is to evaluate the best method to fund the acquisition; the Sweetwater Authority (under their Joint Powers Agreement) has the responsibility for organizing a funding effort; they will meet next Wednesday night and will consider employment of a financial consultant who will try to find the best way of going about funding the acquisition; the timing of when the money will be raised, assuming they use the revenue bond funding, will depend to some extent on whether or not the company appeals the judgment; if they do, they will be guessing a little bit about how long it will take to take care of an appeal. Councilman Waters said he thought they would appeal; 6 years has gone by and the improvements...City Attorney McLean said they were not talking about the improvements; the date of the value for the purpose of this trial was 1969; they entered into an agreement that any improvements made by the system between 1969 and the day they take over will be valued separately. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 8,652.30 Traffic Safety 2,842.13 Park 321.28 Gas Tax 2107 523.59 Memorial Bowl 458.00 Special Street 500.00 Sewer 325.31 Total 13,622.61 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. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $133 , 632.00 was presented. Moved by Reid, seconded by Camacho, the payroll beaid p. Carried by the following vote, to -wit: Ayes; Camacho, Pinson, Reid, Waters, Morgan. Nays: None. NEW BUSINESS Communications in regard to the Joint Powers Agreement establishing a new Comprehensive Planning Organization: (a) Letter from Chairman of the Board of Supervisors stating the Board could not approve the new agreement as written but could approve it with three revisions and attaching a letter from the Chairman, Board of Supervisors, to the Policy Committee of CPO; (b) Letter from the First District Supervisor to the Board of Supervisors in regard to weighted voting for regional planning, were presented. Moved by Camacho, seconded by Reid, these be filed. Councilman Waters said the County Board of Supervisors sent up its memorandum on August 11, 1972; he read it all the way through and there were two questions he had of Mr. Reid, National City's representative to CPO: what decision was made by CPO, if any, about the term of office of any individuals. Vice Mayor Reid said the Mayor and Council make the decision; the Council could replace him any- time they wanted to. Councilman Waters said this was from the Board of Supervisors saying they suggest a policy decision be made. Vice Mayor Reid said they haven't joined. Councilman Waters asked if there was a policy set by CPO. Vice Mayor Reid said there was not. Councilman Waters said the agreement provids two methods of voting; one was single vote method and the second the weighted vote method. Councilman Waters asked what method they used. Vice Mayor Reid said both and he explained the two methods. 9/19/72 21 Mayor Morgan said we have one vote on every issue unless it is challenged; if it's challenged, they can't take the County of San Diego and the City of San Diego and carry it; when it comes down to the challenged lvote, they that only have one vote and they have to have five entities the big ones can't gang up on the little ones. Vice Mayor Reid said appli- cations for grants go through a clearing house which CPO; fthrs City yr vhas never had a grant disapproved of down there withinpast e years. Councilman Pinson said the County had an elective body of all the people of San Diego County and should have an equal vote with the City of San Diego. Carried by unanimous vote. A communication from STATE SENATOR ALQUIST announcing a hearing before the Senate Public Utilities and Corporations Committee, 10:00 a.m. , September of the 26, Room B 109, 1350 Front Street, on the subject ofregulation cable television industry and inviting participation, was presented. Ordered filed by unanimous vote. A communication from the STATE DEPARTMENTOF PUBLIC WORKS revising gnd out- lining deadlinedates for reserving 1971-72 and 1972-73 fiscal year TO lining the reserving of TOPICS funds was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER in regard to the Public Works and Economic Development Act Amendments of 1972 (H. R. 16071) and requesting authorization to write to the California senators urging their assistance was presented. Moved by Camacho, seconded by Waters, the Cit„y„Man ger's recommendation be approved that he be allowed to write to the California senators urging their assistance.. Carried by unanimous vote. A communication from the CITY MANAGER stating the State of California, per agreement with the County of San Diego and the City of National City, has opened the section of Euclid Avenue from Ridgeway Drive to 30th Street was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER stating the Traffic Safety Committee recommends ultimately traffic signals be installed at 30th and "D" and that four-way stops with crosswalks be installed as an interim measure and recommending the installation of stop signs was presented. Moved by Waters, seconded by Reid, in favor of the communication from the City Manager that this be done. Councilman Camacho said the stop signs should be high enough to be easily seen; it may be a while before people realize there was a stop sign there. Carried by unanimous vote. A communication from the CITY MANAGER stating Mr. Harry has agreed to accept $11,000 for the lot on "Q" Avenue on condition that the City place a fence at the rear of the lot and if the Council desires to proceed with this purchase the City Manager be instructed to open escrow was presented. Moved by Reid, seconded by Pinson, the City Manager be allowed to proceed with this escrow and we buy this lot. Councilman Waters inquired if the $11,000 included the fence. City Manager Osburn said no, that was the price of the lot. Councilman Waters asked the City Attorney if they could legally build a private fence like this. City Attorney McLean said yes, if that was part of the purchase price and if the Council thinks the total expense to the City was proper. City Manager Osburn said this was not a private fence; Mr. Harry has his own fence but he has dogs and didn't want the children to put their fingers through his fence; he wants another fence placed at the end of this property away from his present fence. Carried by unanimous vote. A communication from the CITY ENGINEER in regard to the extension of the Division St. drain and stating Mr. Fish has offered to adjust an existing drain easement at no cost and to contribute $2,000 for the extension of a culvert and that although the proposed extension is not required at this time, it would help to cut drainage problems this season and is recoomleended 22 provided funds are availabe, was presented. Moved by Pinson, seconded by Reid, this item be held over one week. Carried by unanimous vote. A communication from the CITY MANAGER in regard to the Historical of and recommending Ordinance No. 1066 be amended to allowexpansion Committee and the Committee be assigned duties of meeting with theo ouch Bay Historical Society and any other club interested in working have "Brick Row" declared a historical site and that the Planning d Department Stock•- Stock - and Redevelopment Agency appoint members of their staffs t Mrs. man be assigned to this Committee ex officio to assist with hstaff recowork kewas presented. Moved by Morgan, seconded by Camacho, the Manager's tion be approved on the Historical Committee, Councilman Waters said he couldn't see changing the ordinance; they could assign a sub -committee to work with them. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. A communication from the DIRECTOR OF PARKS & RECREATION in regard to the inter -city meeting at Escondido relative toChristmas decorationsandd stating it appears the only advantage to a cooperative arrangement at e would be a likely price break through joint purchase was presented. Moved by Pinson, seconded by Camacho, the City Manager beallowed ttofuseohis own discretion on a joint urchase a reement. Carried by the vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. Applications for refund of $100 performance bonds, approved by the Engineerin. pP Mrs. C. F. Baker, Department: (a) Edna Gonzales, 1338 E. 24th Street; (b) 1332 E. 24th Street, were presented. Moved by Waters, seconded by Camacho, the Engineer Department's recommendation be approved for Edna Gonzales and Mrs. C. F. Baker. Carried by unanimous vote. Requests for use of City facilities: (a) National City Quarterback Club to use El Toyon Recreation Center on October 22 at no fee and the Director of Park & Recreation's recommendation that due to precedent approval is recommended; (b) Swir* Club to use Kimball Hall Octoberea8ion'sannual ammen� awards banquet at no fee and the Director or of he aver -all recreation program dation that since the Swim Club is pa and since the charge being made for the banquet is nominal, the treo gsesthe be approved; (c) National City Girls' Soft Bali Leagues request Kimball Community Building Sept. 23 to hold a "Dime -A i Y (wardsor reseuseof tation dinner at no fee; (d) Request of San Diego the tennis courts at El Toyon Park during the months of March and April, 1973 and the Director of Park & Recreation's recommendation that since the times requested fall within shcool hours and only a partial program is planned for that period the request be honored and stating his department has used Academy facilities in the past without charge, were presented. Moved by Camacho, seconded by Reid, Items a, b, c, and d be approved. Carried by unanimous vote. Approval of step increases for eligible employees, approved by department head and City Manager, for Carsel Butcher, Phillip Ewert, Michael Hicks, Fire Department, was presented. Moved by Pinson, seconded by Reid, the step increases be approved. Carried by unanimous vote. The minutes of the LIBRARY BOARD OF TRUSTEES meetingof Sepremberand ndthe City Manager's recommendation they be approved and filed presented. Ordered filed by unanimous vote. The request of the PARADISE VALLEY CHURCH to conductthBusiness iannual Licenseud raising (door-to-door solicitation), the report of the Clerk and the License Collector' s recommendation the request requestgranted of he were presented. Moved by Waters, seconded by Camacho, Paradise Valley Churche ap roved. Carried by unanimous vote. A communication from the CITY MANAGER filing three items with the City Clerk: 9/19/72 23 (1) Copy of letter from Paul D. Engstrand of Jennings, Engstrand & Henrikson, 701 Palomar Financial Building, San Diego,from the State of California,enclosing Condemnor's Supplemen- tal Trial Brief re water purchase; (2) Letter Dept. of Education, 721 Capitol Mall, Sacramento, dated r/6/72, Civilhing Defense; forms necessary to register trailer recentlyprocured ba ement of the Civic Center (3) Facility Use Agreement for Classroom Building between the City of National City and Sweetwater Community College District, was presented. REPORTS CITY MANAGER OSBURN said he passed out the budget to the Council and he believed everything was as the Finance Committee directed them; they would like to have it approved next week. CITY MANAGER OSBURN said sometime ago they agreed with the Ring Manufacturing Co. to allow them to subordinate the back edge of their property; he had since been informed by the Finance Department that they have paid off their mortgage to the City on this property; there was someone now interested in getting a sewer put in there and they will be requesting to go to bid in about two or three weeks (if this building goes through) to put in the sewer for them. CITY MANAGER OSBURN said the Assembly Committee on Transportation will meet Thursday, October 19,10:00 a.m., Community Concourse; their subject discussion will be "Transportation Planning in San Diego County"; they will also meet on the 20th, 10:00 a.m., and the subject will be "State vs. Regional and Local Roles in Transportation Planning"; this is Mr. Deddehts committee and he sent them an invitation. Mayor Morgan asked if they will have someone there. City Manager Osburn said they would. CITY MANAGER OSBURN reported receipt of a letter from the Chief Administra- tive Officer of the County and it was relating to the Public Works and Economic Development Act of 1965 wherein San Diego County is statistically there's eligible for some direct aid in jobs from the Federal Government; two things that must be done: (1) a principal public official must inform the Economic Development Administration that this area wishes to be desig- nated and (2) their Overall Economic Development Program (OEDP) must be initiated and have a plan for the Economic Development Administration's approval; they have asked the City to appoint one member to this board; he would recommend Mrs. Stockman be a iated as National Cit is re he Moved by Camacho, seconded by Reid, tCi ty Mna ago er's ec__ __-_____ ibe approved. Carried by unanimous vote. DEPUTY CITY CLERK FASIG reported receipt of the Financial Report of the Sweetwater Authority for the months,May, June and July, 1972 which were on file. DEPUTY CITY CLERK FASIG reported receipt of Chula Vista Council resolution urging the Comprehensive Planning Organization to develop a regional trans- portation authority in place of the existing San Diego Transit Corporation, which was on file. DEPUTY CITY CLERK FASIG reported receipt of the Annual Report of the California State Board of Equalization, fiscal year 1970-71, which was on file. The PLANNING DEPARTMENT communication stating Zone Variance Application Z-2-72 was considered at the Planning Commission meeting of September 11 and should be on the Council agenda of October 10 for acttion was presented. Planning Director Gerschler said this was a notice that Commission has approved a zone variance; this matter will be on the Council agenda October 10 for action by the City Council. 9/19/72 24 The PLANNING DEPARTMENT transmittal in regard to the application for Planned Commercial Development Permit No. 54 to remodel an ex' sting Shell Service Station (all facilities) to a self-service unit at the northeast corner of 8th Street and Palm Avenue and stating the Planning Commission recommends approval subject to six conditions of staff with an amendment to Item 4 was presented. Planning Director Gerschler said it was the Planning Commission's recommendation the Council would approve Planned Development Permit to allow remodeling of a Shell Service Station at thecorner of 8th and Palm; he would call their attention to the Planning Commission's recommendation of the six conditions; one refers to signs; the Planning Commission recommended that two signs be allowed with no price signs allowed; since the wlanninggisho Commission action, the applicants have revised their plans and o put in one sign and one price sign; they asked that this be noted; it would be in compliance with the Sign Code and allover general requirements. Moved by Pinson, seconded by Camacho, the Planning Commission's recommendation be approved subject to the six conditions and the�Planning Department's addingto the signs. Councilman Waters said it appeared they are all. n he didn't see how the Planning Commis- sion Thrifty self-service in the City; could support this type of thing and didn' t believe it met the requirements of the existing ordinances. Planning Director 1Gen rschller said ce it meets code in every respect; there will be some changes eq grements. he There of the property but all of those changes was discussion. Councilman Pinson said if they deny this and he was up to the code in all respects, what would be their legal position. City Attorney McLean said the National City code doesn't provide for any restrictions on self-service gas stations; if in fact that was what they were voting against, they wouldn't have any basis and the property owner would probably be in a position to attack the Council's action; it wasa pure question on could they vote against it just because they didn't like self-service gasoline stations. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. The PLANNING DEPARTMENT transmittal in regard to the approval of location and plans for the second story addition to a single family dwelling at 1220 Manchester Street and stating the Planning Commission recommends approval was presented. Planning Director Gerschler said City ordinance provides in this particular zone and in this particular district that all residential structures be limited to one story in height; an additionl provision allows a second story if the plans for the second story were approvedby the Planning Commission and the City Council; the Planning dCommissiinance on has re- viewed this and has recommended approval; that same provide for notice of hearing or notice of consideration to adjoining pro- perty owners; because it does not provide it, no such notice haads beveenngiven; perhaps the City Council will want to take this matter under instruct the Clerk to give notice to these adjoining property owners. Moved by Pinson, seconded by Reid, this be held over untilsuch timeas vasethe adjoining iroperty owners have been notified. Carried by unanimous The PLANNING DEPARTMENT transmittal in regard to an application for deferral of installation of curb, gutter, sidewalk and permanent paving for one-half the street width at 2122 and 2124 E. llth St. (Stephens) and stating the Planning Commission recommends denial was presented. Planning Director Gerschler said this was an appeal of the Planning Commission's denial of the request for deferral of installation of curb, gutter, sidewalk and per- manent paving at 2122 and 2124 E. llth,St.; the applicants in this case did not (due to a delay in the mail) have an opportunityto present etheir theargu- ment to the Planning Commission; they offered to return Planning Commission and the applicant at the last minute asked to go ahead tonight and present the case to the Council; he was sure the City Engineer may have some remarks to make on this as there was a 1911 Act involved. Councilman ramacho asked if all of this area was under a feasibility study for a 1911 Act. City Engineer Foster said it was included in a district that had been requested by the City Council; the people who live there have an opportunity to protest it and it may never become a reality. Moved by9/19/ '1 1 a k�r W,vs..neW.=pi Fo rvt w 25 Waters, seconded by Pinson, they support the Planning Commission's recommen- dation and all stipulations of staff. MRS. ANITA STEPHENS, 50"R"theAvenle, was present and urged the City Council to grant theirdeferral; an agreement they wouldn't go against. a 1911 Act. There was discone ussion. sign g Pinson, this item be laid over fo Moved by Waters, seconded by ek for the City Engineer to bring back a report. Councilman Waters asked the CityAttorney when a sidewalk was installed under these conditions and y City someone was injured, who would be the responsible party. McLean said assuming that the conditions were deemed leyto be in n a defective or dangerous condition, there was a joint liability the City and the property owner are jointly property owner and the City; responsibile for the maintenance of sidewalks; they usually sue the City because they are the ones with money. Carried by the following vote, to - wit: Ayes: Camacho, Pinson, Waters. Nays: Reid, Morgan. The PLANNING DEPARTMENT transmittal in regard to the application for deferral of installation of curb, gutter, sidewalk and permanent pavingfor one-halfne. the street width at the southeast corner of 21st St. and Roosevelt A(Slater) and stating the Planning Commission recommendeddenial wasipresented. Planning Director Gerschler said this item was the Planning Comm denial of the request for deferral of installation of curb, gutter, sidewalk sidewalk and permanent paving for one-half the street width at the southeast corner of 21st St. and Roosevelt Ave.; this is an industrial project for a new building which was under construction; in this case, they have the City Engineer's recommendation for denial; the Planning Commission was unabllee to find any facts that would support a deferral.l Moved ��Waters, he aeplication d by Pinson, Item "e" under "Plannin transmitter be for deferral of installation of curb, gutter, and sidewalk ! , 21st St., denied. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to tentative lins parcel centCo.,ap, Southland Industrial Park No. 2, Lots 6 and 7, Col 200 block, W. 35th St., and stating the Planning Commission recommends rector approval subject to two conditions of staff was presented. Gerschler said this item was the Planning Commission's recommendation for approval of a lot split at the 200 block West 35th St. Movedby o seconded by Reid, in favor of Item "f"1 in favor of the on the transmittal, unanimousthe Planning Commission and the staff's recommendation. Carried by MovedPinson, byseconded by Camacho, the meeting, be closed. Carried by unanimous vote. The meeting closed at 9:03 p.m. Ci . , Clerk ity of Nati• al City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of September 26, 1972. No corrections Correction as noted below 1 ¥i_'VU • , City, California 9/19/72