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HomeMy WebLinkAbout1972 10-10 CC MIN46 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OP THE CITY OF NATIONAL CITY, CALIFORNIA October 10, 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, Foster, Gerschler, 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 Mayor Morgan. APPROVAL OF MINUTES NUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of October 3, 1972 be approved. Carried by unanimous vote. PROCLAMATIONS AND PRESENTATIONS CITY CLERK CAMPBELL read the proclamation, "NAVY DAY" (October 13 1972), Moved by Camacho, seconded by Waters, the proclamation be adopted. Carried by unanimous vote. MAYOR MORGAAN presented an engraved silver Revere bowl to MARITA REDONDO, resident of National Cityp for her outstanding achievements in tennis„ City Manager Osburn said .some of the tournaments she has won this year were the Southern California Girls Sixteen Singles, Southern California Women's Singles, National Girls Sixteen Singles, U. S. Women's Amateur Singlras;she has competed at Forest Hills, New York with some of the top tennis players in the world. Miss Redondo introduced the members of her family present in the audience. ORAL COMMUNICATIONS AL ALVARADO, President, Girls' Softball League in National City, 2423 E. 20th Street, was present and requested approval of 500 donations as admission to a game; they have tentatively made arrangements with Tecate to replay a game; they went over Saturday to play to help them raise some funds to buy a school bus; there were about 100 people there and didn't raise the total amount they needed which is about $500.; they only charged 400 to get in and made only $40 or $50 at the most; they thought they could return the favor and help them raise some funds; they have a tentative date to play in.National City on Saturday night at 7:00; they have an okay from the Park & Recreation Director; the field was available to them and they can use it; he hoped the Council would approve this; they wanted to help Tecate raise funds for this bus; they asked for a donation; it will be at the Pony Field. Moved by Camacho, seconded by Waters, the Girls' League President be allowed to announce or whatever it takes to charge admission to see this ball ame and all roceeds o to what Mr. Alvarado said about Tecate. Carried by unan ous vote. ADOPTION OF RESOLUTIONS Moved by Reid, seconded by Camacho, the resolutions be read, by title. Carried by unanimous vote, RESOLUTION NO, 10,841, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Ruth M. Preston)." Moved by Waters, seconded by Camacho„ Resqk1uti n NoT 410,841 be adopted. Caxr&ed by unanimous vote. 10/10/72 47 RESOLUTION NO. 10,842, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES ('Mt Avenue)." Moved by Camacho, seconded by Reid, Resolution No 10 842 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,843, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY JAYCEES." Moved by Reid, seconded by Camacho, Resolution No. 10,843 be adopted. There was discussion„ Carried by unanimous vote. RESOLUTION NO, 16,844, "RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR REGIONAL TRAINING CENTER WITH THE COUNTY OF SAN DIEGO." Moved by Pinson, seconded by Waters, Resolution N 24. 10,844 be adopted. Carried by unanimous vote. RESOLUTION NO.. 10,845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 10,713 APPROVING THE SALARY PLAN, ESTABLISHING PERSONNEL CLASSIFICATIONS AND ADOPTING SALARY SCHEDULES FOR THE 1972.73 FISCAL YEAR.." Moved by Pinson, seconded by Camacho,, Resolution No. 102845 be adopted, There was discussion. Carried by unanimous vote. RESOLUTION NO. 10,846, "RESOLUTION AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE SAN DIEGO COUNTY EMERGENCY EMPLOYMENT ACT AGREEMENT*" Moved by Camacho, seconded by Reid, solution No 10 846 be ado ted.. Carried by unanimous vote. RESOLUTION NO. 10,847, "RESOLUTION ENDORSING SENATE BILL 1261 RELATING TO FULL STATE FUNDING OF PUBLIC LIBRARY SERVICES ACT SYSTEM ACTIVITIES." Moved by Waters, seconded by Camacho, Resolution No. 10 847 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,848, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE WESTERLY TEN FEET OF ! E s AVENUE BETWEEN FIFTEENTH AND SIXTEENTH STREETS." Moved by Reid, seconded by Pinson, Resolution No. 10,848 be adopted, Carried by unanimous vote. RESOLUTION NO. 10,849, "RESOLUTION GRANTING A LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 (No. 10 w La Lanterna Pizza House)." Moved by Reid, seconded by Waters, Resolution No,. 10,849 be adopted. There was discussion, Carried by unanimous vote. RESOLUTION NO, 10,850, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF GUTTER AT 910 EAST SEVENTH STREET (Fred Scott)." Moved by Reid, seconded by Camacho, Resolution No. 10,850 be adopted. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. INTRODUCTION OF ORDINANCES ORDINANCE NO. 10/10/72, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION 01? THE CALIFORNIA PUBLIC UTILITIES," was presented for first reading. Moved by Camacho, seconded by Waters, Ordinance No. _,0 '10%'2 have its first readin b title. Carried by unanimous vote, The title was read„ REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN spoke in regard to the necessity of establishing a procedure for a committee for an Environmental Impact Statements; in view of recent court decisions concerning the requirement that an Environmental Impact report be made on provate as well as public projects, it will be necessary for the City Council to adopt an interim procedure,. The City Attorney recommended the Council, 10/10/72 48 adopt on an er ergency basis and short term basis, first,, the establiehier t of an EnIgronmental Impact Committee to be composed of the City Engineer -the City Planner, the City Manager and the Director of Building 4 Housing; secondly, for this same period the City continue to issue (as a matter of routine) permits for construction of R.4, R002 and R..3 uses but that all other uses (Commercial,, R.•4, sUbdivision, conditional, use permits, planned development permits,, zonings and rezonings,, lot splits, zone reclassifications, annexations and any other developmental activities that apparently might have more than a trivial effect on the environment and all grading permits) be evaluated initially by the Environmental Impact Committee. The City Attorney continued the Committee would have the power to order the issuance of permits for those projects that on their face appear to have a trivial effect on the environment; all other projects would be subject to the requirements of the adoption of an Environmental Impact Statement; the adoption of an Environmental Impact Statemement would be processed in the same fashion as an application for a zone reclassi.» fication; that is, a public hearing would be held by the Planning Commission after notice, the. sage as for an application for a zone change; the City staff under the direction of the City Manager will prepare an Environmental, Impact Statement; they will require developer applicants to provide all the information necessary for the City staff to prepare the report; the City Manager will charge in advance for the estimated and actual, cost of the preparation of the Environmental Impact Statement and that the action of the City Planning Commission on the Environmental Impact Statement will be reviewed and ratified by the City Council in the same way they are now processing applications for zone reclassifications. Moved by Camacho,, seconded by Pinson s y approve the reccmms nda ions the Cit Attorne to ublish a E ironmen al Im act Cci tee and to oceed with he re uirements 24, a nvironmen al Impact Statement. There was discuss on, Carried byunanimous vote, HEARINGS The HEARING ON THE PROPOSED AMENDMENT (A.12.72) TO EXISTING NATIONAL CITY'S ZONING REGULATIONS (ORDINANCE NO, 962 AS AMENDED AND SUPPLE MENTED) AND TO AMEND THE NATIONAL CITY MUNICI PAL CODE TO ADD SAID AMENDED REGULATIONS THERETO FOR THE PURPOSE OF CONSOLIDATING AND CC IFYI NG A .L. OF THE CI TY r S LAND USE AND ZONING REGULATIONS, S PEC:I. FICALLY "CHAPTER 99 ADMINISTRATION": PROCEDURAL RULES FOR PROCESSING APPLICATIONS AND PROPOSALS FOR CITY ACTION ON ZONING MATTERS, ZONING ENFORCEMENT AND OFFICIAL RECORD KEEPING was held at this time. City Clerk Campbell stated the Certificate of Publication of the notice of the hearing was on file, Planning Director Gerschler said they were under the Council's and Planning Commission's instructions to prepare an updated zoning code; the transmittal he sent to them explains the progress on it; they previously advised them the series of hearings have been scheduled by both the Planning Commission and the City Council to consider the updating of the Zoning Code in five basic parts, basic chapters which it will contain; tonight they will, have the first of those five parts which is the section on "Administration": the reason they took the administration section as the first one, that's the section they have had the most trouble with and the section that both the City Attorney and he felt had the greatest number of conflicts and poorly constructed language to guide the staff and the Commission in processing the various kinds of zoning cases; the chapter before them tonight, the Administration section, is in keeping with policy the Council has been following; it removes the .conflicts that are in the code and fills the voids in places where the code was uncertain or where the code was vague or simply silent on various questions; it incorporates all the latest provisions of the State law;, there have been within the last few years a good number of changes in the procedural administrative requirements on State law for handling local zoning codes; the matter before the Council tonight, Chapter 9 • w ►—c*_c:n r ct.d -to .an outline that would adapt 10/10/72 49 itself to the National City Municipal Code. No one was present in this regard. Moved by Waters, second eb Ins8R, the public hearing be closed and proposed amendment 1 na all stipula- tions of staff be adhered to., Carried by unanimous vote. The HEARING ON THE PROPOSED LOCATION AND PLANS FOR A SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING AT 1220 MANCHESTER STREET was held at this time. City Clerk Campbell stated the Affidavit of Mailing notice of the hearing to all persons owning real property within a 300' radius of 1220 Manchester Street was on file. No written protests were received, Planning Director Gerschler said the Planning Commission recommends approval of the proposed plans. No one was present in this regard. Moved by Waters, seconded by Pinson, the public hearing be closed and the' proposed location and plans for second story addition at 120 Manchester St. a roved and subject to all stipulations of staff.. There was d cussion.Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 9,268.03 Traffic Safety 801.24 Park 665.73 Retirement 10,910.15 Sewer 1000.36, Total $21,745.51 Moved by Camacho, seconded by Reid, these bills be ,,aid aid 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 $136, 528.,21 was presented„ Moved by Camachos seconded by Reid, the payroll be approved. Carried by the following vote, to..wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. ayays : None REFERRALS The report of the CITY MANAGER in relation to citing minor offenses rather than booking was presented* There was discussion* Moved by Waters, seconded by Camachos this item be filed. Councilman Pinson asked for a ruling on what filing means. City Attorney McLean said if they were referring to the City Manager's report, the action of filing was simply taking no action either pro or con; they were simply acknowledging the fact they received his report and have put it away; he thought what Councilman Pinson was referring to was that they had the question when the minutes of one of the advisory commissions were on the agenda and the Council ordered them to be filed; then the members of the commission said if the Council had read their minutes they would have under. stood they were recommending the City do such and such; so he asked the Council to adopt a policy concerning that kind of action in regard to this type of thing and that filing meant the minutes were approved. Carried by the following vote, t o« wit : Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan UNFINISHED BUSINESS A communication from the CITY ENGINEER in regard to the 1911 Act on Hodge Street,, asking Council approval of the proposed boundary, was presented,. Moved by Pinson, seconded by Camacho, the City. Engineer's request be approved. Carried by unanimous vote. NEW BUSINESS An application for person to person transfer of on -sale beer license 10/10/72 50 by MARY C. MULLHOLAN, DBA CLUB 13, 640 W. 13th Street, was Ares en ed, Moved by Waters, seconded by Camacho, the application for transfer irw.eww�rQ rrr�,A.. of on -sale beer at 640 W. 13th Street be a roved.. Carried by the following vote, toy -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None, Abstaining: Morgan. An application to determine the qualification of JACQUELYN REA HYNES as manager of the Round Up Cafes 330 Highland Avenue (on -sale beer license), was presented. Moved by Pinson, seconded by Waters, in_favor of Jacquelyn Rea Hynes, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters*, Nays: None, Abstaining: Morgan* An application for refund of $100 performance bond by EARL L. RHYS, approved by Engineering Department, was presented. Moved by Camacho, seconded by Reid, this refund fAsEa....L.L.L.4.2112.s..1.2proved. Carried by unanimous vote. A communication from the CHAIRMAN, SAN DIEGANS AGAINST PROPORITION 20 and the CITY OF OCEANSIDE'S resolution opposing Proposition 20 were presented. Ordered filed by unanimous vote. The CITY OF SAN MARCOS' resolution urging the Comprehensive Planning Organization to develop a Regional Transportation Authority in place of the existing San Diego Transit Corporation was presented. Ordered filed by unanimous vote. A communication from the DIRECTOR OF PARKS & RECREATION attaching updated conies of rental fees, rental policies and a form letter to be given to anyone who applies for free use of facilities was pre- sented. Moved by Camacho,, seconded by Pinson, this policy from the Director of Park & Recreation to update rental fees be approved. Vice Mayor Reid asked if that meant no group had the right to come before them and request a waiver. City Manager Osburn said they could always appeal a staff decision but he thought if the Council would back them up three or four times, that would end it, Carried by unanimous vote. A communication from the DIRECTOR OF PARKS & RECREATION in regard to the application for use of facilities by Southwestern React, Inc., was presented. Moved by Pinson, seconded by Camacho, in favor of Southwestern React„ City Manager Osburn said this was for a party; Southwestern React is a citizens band radio group that pro- vides emergency service in assisting people on the road and things of this sort. Councilman Waters asked if the use of alcohol within the Kimball Building was restricted to local groups; he thought it was a policy. There was discussion. City Manager Osburn said they will review that and bring it back to Council. Moved by Waters, seconded by Camacho, I m Z be aid over until next week. City Clerk Campbell said there is no meeting next week, Included in motion and second ,,,,he next regularly scheduled meeti,. City Clerk Campbell inquired if that would give them enough time, City Manager Osburn said they asked for it December 2, Carried by the following vote, to ..wit : Ayes: Reid, Waters, Morgan, Nays: Camacho, Pinson, A notice of a public hearing before the CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION, on December 11, 1972, for the purpose of (1) Revising and updating its "Municipal Waste Water Treatment Project Last"; (2) Revising and updating the Conceptual Plan contained in the "Water Quality Control Plan Interim San Diego Basin 9"; and (3) Amending, if necessary, the water quality objectives and waste discharge prohibitions contained in the Interim Basin Plan was presented. Ordered filed by unanimous vote, The request of CALIFORNIA AMVENT to solicit in National City, the 10/10/72 51 report of the Business License Clerk and the License Collector's recommendation of approval; and the request of the SALVATION ARMY to place Christmas kettles at Montgomery Ward's and Penny's November 26 - December 24, the Business License Clerk's report and the License Collector's recommendation of approval were pre- sented. Moved by Camacho, seconded by Waters, these requests be approved. Carried by unanimous vote, A communication from the CITY MANAGER stating he agrees with the minutes of the Street Tree and Parkway Committee meeting of Septem- ber 21 and would recommend that City Attorney McLean said the Gas Co, would like to remove the tree because it is interfering with their power lines; he had not discussed this with a representative of the Gas Co.: they have a right to trim trees that interfere with their transmission without the City's consent; but that wouldn't involve pulling the tree out. There was discussion. Moved by Camacho, seconded by Morgan, the Gas & Electric Company's request to move this palm tree be approved upon condition they plant another tree in its place which will not in their way of thinking interfere with any future lines they put in there or the present ones. City Attorney McLean said he didn't think they could make them plant a tree if they didn't want to without the Council's adopting an ordinance of some kind„ There was further discussion. (Assistant City Manager Stenberg left the Council Chambers at 8:26 p.m,) City Attorney McLean said they could direct him to talk to a representative of the Gas Co. to see if they could come to a solution and which would prevent the interference with transmission lines. Moved by Morgan, seconded by Pinson, this motion be tabled. Carried by unanimous vote. City Attorney McLean said he will contact them. Approval of step increase for eligible employee„ approved by the City Manager and department head, for Ronald Lee Willis, Police Department, was presented. Moved by Pinson, seconded by Camacho, the ste increase for Ronald Lee Willis be a roved. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported the City Engineer advises the Division Street storm drain (Specification No, 771) improvements have been completed safactorily according to plans and specifications and he recommends! improvements be accepted and a Notice of Completion be filed. City Manager Osburn said he would so recommend. Moved by Camacho, seconded by Reid, the City Manager's recommendation be aeproved, that a Notice of Cc*npletion be filed. Carried by unanimous vote. CITY CLERK CAMPBELL reported receipt of the Comprehensive Planning Organizations "Emerging Governmental Responsibilities in the San Diego Region: Background and Policy Statement" which was on file* CITY CLERK CAMPBELL reported receipt of the County Board of Super visor's resolution opposing the extension of the Sweetwater River Flood Control Project easterly of Interstate 805, adopted 9/26/72, which was on file. A memo from the PLANNING DIRECTOR in regard to a request for City Council consent to commence annexation proceedings by Joseph Janasik, was presented. Planning Director Gerschler said this would be an inhabited annexation and would have to go to a vote; they have out- lined within the report the problems they anticipate with the project; the State law requires that before they could proceed with the annexation they have to have City Council consent; before the City Council can give consent they must refer the matter to the Planning Commission for a report; if the Council does not wish to 10/10/72 52 proceed with this at all, the matter could be filed. Moved by Pinson, seconded by Camacho, this _item be referred to the Planning Commission. Carried by unanimous vote A memo from the PLANNING DIRECTOR in regard to LAFC staff report on the Reiner Annexation was presented, Planning Director Gerschler said in a recent report of the Local Agency Formation Commission staff regarding the Reiner Annexation certain references were made by the staff to an arbitrary boundary line at the top of a ridge east of the Reiner property; he brought this matter to the Council's attention because those misrepresentations by the LAFC staff do not (in his opinion) reflect any policy position taken by the National City City Council; unless they want to face future misunderstandings with LAFC, he would suggest they instruct staff to respond as out-u lined in his report by informing LAFC staff the City Council has not made any such ccmmittment. Moved by Pinson, seconded by Reid, ,the Planner's report be approved that they give them notice th have not made an imaginary line where they have to stop annexations. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to Zone Variance Z.2.•72 to permit a lot split of the property at 512 E. 24th Street creating a lot without street frontage and stating the Planning Commission recommends denial was presented. Planning Director Gerschler said the Planning Commission denied a request for a zone variance at 512 E. 24th Street for a lot split of certain property, Zane Variance Z-2.»72; the action of the Planning Commission was reported to the Council three or four weeks ago; the Code provides that unless appeals are filed within this 15.day period that ends tonight, the matter could be decided by the City Council without a public hearing; it was his understanding that no appeals have been filed; the City Council was in a position tonight to either approve or deny the zone variance; the Planning Commission's recommendation was for denial, Moved by Pinson, seconded by Waters, agjampla2 Commission's recommendation of denial be a roved No one was present in this regard„ Carried by unanimous vote. COUNCIL, COMMUNICATIONS COUNCILMAN WATERS said he received a petition signed by the people of the 200 block of Belmont Street to get a street light in the middle of the block on the east side of the street due to excessive darkness there has been much vandalism, gas stealing, tire cutting and articles stolen from yards, also housebreaking, due to excessive darkness. Moved by Waters, seconded by Caniacho, they a rove a li t for that rticular area,. Carried by unanimous vote. COUNCILMAN PINSON asked the City Manager if he had anything f r on South Bay Plaza on the traffic routing there. City Manager Osburn said he did not; he was trying to get hold of Mr,. Garrett now. COUNCILMAN PINSON said Mr. Bruce who lives on Division a block from the methadone treatment center, was working several blocks down the street on a grader; his wife went into their house and noticed that the portable television was missing, their radio was missing; she was calling her neighbors when the break-in artist escaped through the back door; some children playing across the street saw him hide the articles in the bushes there; the police finally located the guy in the methadone treatment center and picked him up; he was under treatment at that place; it had been reported to him that there had been five break.ins in that area. Moved by Morgan, seconded by Waters, they authorize the City Manager „o take this revenue sharin monies and et the lans for the Public Works Yard ready and get started as fast as they could on it, There was discussion. Carried by unanimous vote. 10/10/72 53 MAYOR MORGAN reported a request that the steam engine on the Davis property on Cleveland Avenue be moved somewhere in National City for reference and history of this steam engine; he saw nothing wrong with it; they should move it over if they could where the kids could use it; he thought it would be something they could use in the future generations„ Mayor Morgan asked the City Manager to check into that. Moved by Waters, seconded by Camacho, this be referred to the ,Historical Committee. Carried by unanimous vote. MAYOR MORGAN recommended the appointment of Walter R. Hallam, Jr., 2930 Division Street, to the Park & Recreation Advisory Board, Moved by Camacho, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote, MAYOR MORGAN stated Redevelopment Agency Executive Director Watts requested him to announce that the Redevelopment Agency will have an adjourned meeting on October 24 because there will not be a quorum here in the City at the next Council meeting, and therefore, the Redevelopment Agency was following the same line; they will have to have their adjourned meeting October 24, MAYOR MORGAN asked for a motion to adjourn to October 24, 1972.. Moved by Pinson, seconded by Camacho,, the meeting be adjourned to October 24, 1972. Carried by unanimous vote. The meeting adjourned at 8:41 p.m. City Jerk City of Nations City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of October 24, 1972, f---1 No Corrections Correction as noted below Mayor, City « National City, California 10/10/72