HomeMy WebLinkAbout1972 10-24 CC MIN54
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
October 24, 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: Pinson, Reid, Waters, Morgan, Absent:
Camacho, Administrative officials present: Campbell, Foster,
Gerschler, McLean, Stenberg.
SALUTE TO FLAG AND INVOCATION
The meeting was opened with salute to the Flag led by Asst. City
Manager Stenberg followed with invocation by Mayor Morgan,
APPROVAL OF .MINUTES
Moved by Pinson, seconded by Reid, the minutes, of the regular
meeting of October 10, 1972, be approved with a correction to
the title of the Ordinance on a e 47: "ORDINANCE NO. 10/10 72
an Ordinance of the Cit of Nat'onal City authorizing an amendment
o h contract between the C t of Irrational Ci t and the Board of
Administration of the California Public 4011L*ies Employees'
Retirement System"., Carried by unanimous vote. Absent: Camacho,
PROCLAMATIONS AND PRESENTATIONS
ASST, CITY MANAGER STENBERG stated eight members of the Police
Pistol Team are to be presented with certificates of recognition;
four are present this evening: Officers Donald Smith, Joseph Rapoza,.
Gerald DeLucia, and James Pi.ner, Mayor Morgan presented the
certificates to the officers and congratulated each one for an
outstanding job*
ORAL COMMUNICATIONS . None
ADOPTION OF RESOLUTIONS
Moved by Waters, seconded by Reid, the resolutions be read b title
only, Carried by unanimous vote. Absent: Camacho.
RESOLUTION NO, 10,851, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION (DIVISION STREET STORM DRAIN,
SPECIFICATION NO. 771)". Moved by Waters, seconded by Pinson,
Resolution No, 10,851 be adopted. Carried by unanimous vote.
Absent: Camacho,
RESOLUTION NO, 10,852, "RESOLUTION ACCEPTING WORK IN SWEETWATER
MESA SUBDIVISION". Moved by Pinson, seconded by Reid, Resolution
No. 10,852 be adopted. Carried by unanimous vote, Absent: Camacho.
RESOLUTION NO. 10,853, "RESOLUTION AUTHORIZING EXECUTION OF PROPOSED
CITY..STATE AGREEMENT FOR CONSTRUCTION OF R-5/54 OFFRAMP FROM TIDE-
LANDS AVENUE", Moved by Reid, seconded by Pinson, Resolution No
10,853 be adopted. Carried by the following vote, to -•wit: Ayes:
Pinson, Reid, Morgan, Nays: Waters, Absent: Camacho.
RESOLUTION NO. 10,854, "RESOLUTION APPROVING LOCATION AND PLANS
OF A SINGLE FAMILY DWELLING TO BE CONSTRUCTED IN TAE R. 1--S--1 ZONE
(1220 Manchester)". Moved by Waters, seconded by Reid, Resolution
No. 10,854 be adopted, Carried by unanimous vote, Absent: Camacho.
10/24/72
55
RESOLUTION NO, 10,855, "RESOLUTION OF AWARD OF CONTRACT (LA
SIESTA STREET IMPROVEMENTS, SPEC, 774)". The City Clerk's report
on the result of the bid opening, Griffith Company, $28,,030,,.56,
R. E, Hazard Contracting Co.,, $26,931,96, L. R. Hubbard, Jr., dba
Hubbard Construction Co., $29, 546.34, T. B. Penick & Sons, Inc.,
$28,915.69 and the City Engineer's recommendation the low bid of
R, E. Hazard Co. be accepted and all other bids rejected were
presented. Moved by Reid, seconded by Pinson, Resolution No.
10$855 be adopted. Carried by unanimous vote. Absent: Camacho.
RESOLUTION NO, 10,856, "RESOLUTION AUTHORIZING EXECUTION OF
CORPORATION QUITCLAIM DEED TO THE STATE OF CALIFORNIA (Plaza
Blvd. Offcamp from I-5)". The City Engineer's report in regard
to the offramp was presented. Moved by Pinson, seconded by
Reid, Resolution No. 10,856 be adopted., Carried by unanimous
vote, Absent: Camacho,
RESOLUTION NO. 100857, "RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT, PLAZA BLVD, OFFRAMP FROM I.5", The City Engineer's
report in regard to the offramp was presented, Moved by Reid,
seconded by Waters, Resolution No. 10s85? be adopted, Carried
by unanimous vote, Absent: Camacho,
RESOLUTION NO. 10,858, "RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT, POPULATION ESTIMATE". Moved by Waters, seconded by
Reid, Resolution No. 10,858 be adopted. Carried by unanimous
vote. Absent: Camacho,
INTRODUCTION OF ORDINANCES
Ordinance No, 10124/72, "An Ordinance amending National City
Zoning Regulations and National City Municipal Code to add thereto
Chapter 99 •. Administration" was listed on the agenda for first
reading, CITY ATTORNEY McLEAN said he would not present the
ordinance,
ADOPTION OF ORDINANCES
ORDINANCE NO. , QQ�L',';2 1334, "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
OF THE CALIFORNIA PUBLIC EMPLOYEES" RETIREMENT SYSTEM". Moved by
Reid, seconded by Waters, the ordinance be .presented bar title
only, Carried by unanimous vote. Absent: Camacho. The title
was read, Moved by Pinson, seconded by Reid, Ordinance No. 10A9/72
1334 be adopted. Carried by unanimous vote. Absent: Camacho,
REPORT OF CITY ATTORNEY
CITY ATTORNEY McLEAN stated the matter of San Diego Gas and
Electric Co, and removal of trees has been resolved by the
Street Tree Committee„
APPROVAL OF BILLS AND PAYROLL
BILLS AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund $ 61 ,, 588.55
Traffic Safety 9,357.01
Park 327.22
Gas Tax No, 2106 900.00
Gas Tax No, 2107 1,006.32
Special Street 452,50
Trust & Agency 100.00
Drainage 13,373.99
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56
Sewer
376 ,72
Total $87,482.31
Moved by Waters, seconded by Reid, these bills be paid and warrants
be drawn. Carried by the following vote, o•:wit : Ayes: Pinson,
Reid, Waters, Morgan, Nays: None. Absent: Camacho.
PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $142,715.07
was presented. Moved by Reid, seconded by Pinson, the payroll be
approved, Carried by the following vote, to.wit: Ayes: Pinson,
Reid, Waters, Morgan. Nays: None. Absent: Camacho.
UNFINISHED BUSINESS
CHIEF ;0 P SLICE t3 REPORT ,in regard to Special Use Pbrinit (Liquor)
for Southwestern REACT was listed on the Agenda, CITY CLERK
CAMPBELL stated the item under unfinished business has been
resolved.
NEW BUSINESS
The request of MR, PATTEN, MANAGER, SWEETWATER AUTHORITY, for time
on the Council agenda of 10/31/72 was presented, Moved by Waters,
seconded by Reid, in favor of Mr, Patten's request. Carried by
unanimous vote* Absent: Camacho.
A communication from the CITY MANAGER stating MEXICO CITY has
requested removal of condition preventing selling of beer after
10:00 p.m. and that ABC does not object but would recommend that
all other conditions stay as existing was presented.. There was
discussion. Moved by Waters, seconded by Reid, this request be
laid over one week,. Carried by unanimous vote. Absent: Camacho,
A communication from McMILLIN CONSTRUCTION CO. requesting an
encroachment permit for recreational facilities on portion of
Sill Street lying Southerly of Bucky Lane adjacent to Delta
Park Apartments with attached plat were presented. Moved by
Waters, seconded by Pinson, in favor of the Lloyd Hill McMillin
Construction Co, request, Carried by unanimous vote. Absent:
Camacho,
A communication from the DIR. PARKS and RECREATION in regard to
a request to serve alcoholic beverages at wedding reception and
stating denial is only possible recommendation as they seemed
unable to meet conditions was presented, Moved by Waters, seconded
by Reid, this item be denied. Carried by unanimous vote. Absent:
Camacho,
A communication from MAX L. EBERHARDT, PRESIDENT, r(EARNY MESA
IMPORTS, requesting refund of building permit fees for 80 unit
apartment project and stating when present moratorium is lifted
on building permits he will re.apply for permit for a 44 unit
project on the same lot on 16th St, near "Q" Ave. was presented,
Planning director Gerschler stated a building permit was issued
and it has expired because he simply did not use it within the time
specified in the code; if he was to come back now for a new
building permit, the particular plans no longer comply with the
existing code and the plans will have to be redrawn and new
permits would have to be requested,. Asst. City Manager Stenberg
stated we have collected Park Development Surcharge Fees and
Building Permit fees in the amount of $6724.98 which we would
recommend be refunded; plan check fees we would recommend
retaining. Moved by Waters, seconded by Pinson, we return the
$6724,98 and retain the plan check fees ($724) since it was an
expense to the taxpayers. There was discussion Mr. Gerschler
requested the Council to go to the next item while he checked the
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57
file.. Moved by Pinson, seconded by Waters, this be tabled until
the Planner has a chance to check ,this out. Carried by unanimous
vote. Absent: Camacho.
A communication f r an CHAIRMAN OP THE BOARD, SAN DIEGO TRANSIT
CORP., advising that their board will be enlarged from five to
nine members and requesting recommendation of name or names of
persons within this area to be submitted to Mayor Wilson was
presented. Moved by Morgan, seconded by Waters we approve
enlarging the Transit Board from five to nine members, There
was discussion. Carried by the following vote, to -wit: Ayes:
Reid,: Waters, Morgan. Nays: Pinson. Absent: Camacho.
A communication from the CITY MANAGER in regard to the Weed
property on 13th St. and recommending they be given a letter
stating their property will not be utilized in the Euclid Avenue
construction if the Council still proposes to construct a bridge
was presented, There was discussion. City Attorney McLean said
it might put Council in the awkward position in the event you
have a change of mind and you would have to tell them you changed
your mind, Moved by Waters, seconded by Reid, in favor of the
request of Mr, and Mrs, Weed that a letter be sent in regard to
their property on u lid Ave. Carried by unanimous vote. Absent:
Camacho,
The request of RED..E...CRETE for refund of prorated business license
fee ($45.50) for 1972 due to their being asked to move by the
Redevelopment Agency was presented, Moved by Waters, seconded by
Pinson, in favor of Red. E. Crete xs refund request. Carried by
unanimous vote. Absent: Camacho,
A communication from H, W. FIGGESS, RECTOR, ST. MATTHEW'S EPISCOPAL
CHURCH,, thanking the Dire of Parks and Recreation for helpful
advice and excellent work by the department in renewing the banks
in front of the church was presented. Ordered filed by unanimous
vote, Absent: Camacho,
An application for $100 refund (performance bond) by THYRL R.
LISONBEE, 223 D Street, Chula Vista, for work done at 710 D
Avenue, National City approved by the Engineering Department
was presented. Moved by Waters, seconded by Reid, in favor
of $100 refund to Thyrl Lisonbee, Carried by unanimous vote,
Absent: Camacho.
A communication from the Manager, Chamber of Commerce,,stating
they are preparing the 1973 yellow pages directory, quoting prices,
and asking if City will advertise again this year was presented.
Moved by Waters, seconded by Pinson, in favor of the Chamber = s
request and we take the same size ad we had last year. Carried
by unanimous vote, Absent: Camacho,
A communication from the DI:. PA k(S and RiXRAATIOA in regard to
repairs to plumbing and irrigation systems at Las Palmas Park
and enclosing the only bid received from one of four firms
requested to bid was presented* Moved by Pinson, seconded by
Waters, the only, bid received, Cooper Plumbing, be awarded
the contract. There was discussion„ Carried by unanimous vote,
Absent: Camacho,
An application of KENNETH L. BLANCHARD POST 255, AMERICAN LEGION,
to allow Jrs and SAL's to have a candy sale without fee (proceeds
to be used for youth recreation fund); report of Business License
Clerk; and License Collector's recommendation of approval, were
presented, Moved by Waters, seconded by Pinson, in favor of the
Kenneth L. Blanchard Post 255 re uest. Carried by unanimous vote.
Absent: Camacho,
10/24/72
58
A communication from the DIR. PARKS and RECREATION in regard to
use of the baseball field at El Toyon Park and attaching tentative
schedule of home games to be played by the University of San Diego,
subject to Council, approval was presented. Moved by Pinson,
seconded by Waters, this item be denied, There was discussion.
Carried by the following vote, to' -wit: Ayes: Pinson, Reid, Waters.
Nays: Morgan. Absent: Camacho,
A communication from the CITY MANAGER in regard to request for use
of El Toyon Community Building at no fee by POP WARNER LEAGUE for
fund raising dinner was presented, Moved by Waters, seconded by
Pinson, in favor of Pop Warner League's request for fund raising
dinner, ner, There was discussion. Carried by unanimous vote. Absent:
Camacho.
Mayor Morgan said the next three items could be considered
together if there was no objection, Councilman Pinson said
he would like to take item 18 separately.
The minutes of the ADVISORY AND APPEALS BOARD meeting of October 5
with the City Manager's recommendation they be approved and filed
and the minutes of the LIBRARY BOARD OF TRUSTEES meeting of
October 4 with the City Manager's recommendation they be approved
and filed were presented, Moved by Waters, seconded by Reid,
the minutes of the Advisory and Appeals Board and the minutes of
I,hbrary Board of Trustees be approved and filed as recommended
'' the City Manager, Carried by unanimous vote. Absent: Camacho.
A communication from CITY MANAGER attaching the Minutes of the
CIVIL SERVICE COMMISSION Meeting of September 20 and stating he
has reviewed them and recommends they be approved and filed was
presented. Moved by Pinson, that all items of the Civil Service
Commission be approved with the exception of two items: Affirmative
Action Program Policy Statement and the classification for Director
of Community Development. The Assistant City Manager explained
sometime ago members of the Civil Service Commission requested
staff to study and advise the Commission as to the enactment of an
Affirmative Action Program; they have reaffirmed the fact that
the City is an equal opportunity employer; they have provided a
statement indicating all people would be invited and encouraged
to apply for City Civil Service examinations. There was discussion.
Moved by Morgan, the City Manager's recommendation be approved on
the Civil Service minutes of September 20 and approved and filed.
Motion died for lack of second. There was further discussion,
Councilman Pinson said he was satisfied with that affirmative
action and inquired if the classification for the Director of
Community Development sets a job quota for the City or is this a
matter of just something they discussed. Mr. Sternberg stated the
class specification is a listing of the duties of a position;
there was no description of the job duties on record as approved
by the Civil Service Commission; Ord. 1076 requires that a class
specification be approved on all classes, and so what the Civil
Service Commission is doing here is attempting to satisfy the
requirements of Ord, 1076 by insuring that there is a current
and up-to-date aspect of listing of duties. There was discussion.
Councilman Waters said the position was sets -up by the Council as a
temporary position; the classification appears to him like we are
making another position, Mr. Stenberg replied when the City
Council adopted the 1972-.73 Budget this position was included
within it just as it was the previous year; he would assume that
if this position became vacant, then a study would be made of the
position and a recommendation made to the City Manager. There
was further discussion. Councilman Pinson asked if the position
could be abolished at any tune, City Attorney McLean said yes,
Moved by Pinson, seconded by Reid, the Civil. Service minutes be
approved, Carried by unanimous vote. Absent: Camacho.
10/24/72
59
HEARINGS
The HEARING ON THE PROPOSED ZONE CHANGE (ZC-6 72) TO REZONE FROM
C..•3A (GENERAL COMMERCIAL) AND C .3. C (GENERAL COMMERCIAL) TO 16.4
(MULTIPLE FAMILY RESIDENCE) THE PROPERTY LOCATED AT 702 EAST 8TH
STREET was held at this time, City Clerk Campbell stated the
Certificate of Publication of Notice of Hearing is on file and
the Planning Department transmittal stating the Planning Commission
recommended denial is attached to the agenda; this hearing resulted
from Mr. Drogin1s appeal of the Planning Commission's recommendation
of denial. Planning Director Gerschler stated Council has the
entire case on this issue. STEPHEN DROGIN, 2151 Oliver Avenue,
San Diego was present and spoke in favor of the re -zoning; dis-
played an artist's rendering of the project and distributed aerial
photographs of the area, Mr. Drogin related the history of the
project, stated the property was not suitable for commercial
development today; they have redesigned the project to provide
parking spaces required by code; there are now 44 units in the
project, Mr. Drogin stated of 34 property owners in the area, 24
(or 70% of the real property) are in favor of rezoning to R.4,
Mr. Drogin said if Council approves the rezoning tonight, the
project is ready to begin; the Building Inspection Department,,
the Planning Department, and the Engineering Department all have
reviewed and checked the final working drawings that have been
prepared and submitted to them; he was willing to abide by the
decision of the Environmental Impact Committee if it is decided
it is wise to submit an environmental impact statement he would
await the outcome of Councjo1s decision with that process, but
urged approval of rezoning tonight* BOB WILKINS, Manager, U.S.
National Bank, 936 Highland Avenue, National City, was present
and stated the property he occupies is in close proximity to
this proposed project and he urged Council's approval; he feels
it would be an excellent addition to the City, FRED NISLEY,
197 Twin Oaks Circle, Chula Vista, representing the owner,
Mr. Johnson, was present and said when the property was vacated
by Mr. Johnson he offered the property for sale under the commercial
zoning and it has been vacant and for sale for the past twelve years
and there have been no takers on it. There was discussion„
Planning Dir. Gerschler said in this case on 8th Ave. between "E"
and Highland (which is equivalent to three City blocks) there are
three churches, a school, a very large apartment complex of
fairly recent vintage, four lots of grouped dwellings, and one
vacant lot inaddition to two small stores; probably as a matter
of practicallity,, this neighborhood would not be appealing to the
size of store this lot would demand; he said he could be proven
wrong, by someone with a special use; he doesn't believe that
this project at the moment by present development trends is
marketable for commercial uses unless they were to put small
shops along the front and residential on the rear; that would
probably present a building situation that would be less desirable
than the choices here. There was further discussion.
Movedby Reid, seconded by Pinson, this be granted and procedure
of this project allowed and the public hearing be closed,* City
Attorney McLean stated the purpose of the hearing is for the
Council to make a decision on the question of rezoning the property
and suggested continuing the hearing a couple of weeks to allow
the Environmental Impact Committee to consider the matter. Moved
by Waters, seconded by Pinson, in favor of the City Attorneyss
recommendation (to continue the hearing),Planning Planning Director
Gerschler stated because AB 1301 requires the General Plan and
Zoning Map be in harmony, he would recommend concurrent amendment
of the General Plan to show this as R.4 and this be back on the
agenda and the City Clerk be asked to include both issues for
action, City Attorney McLean recommended continuing the hearing
to November 14 (Mr, Drogin understands the approval, of his
project will be on the findings of the Environmental Impact
Committee) if the hearing is closed and he is wrong we will have
10/24/72
60
to start all over again, Mr. Drogin stated he appreciated
Mr. McLean's concern regarding the environmental impact study;
he is willing to accept as a condition of the rezoning the
decision reached by the E,I,,C.; we are willing to wait and
abide by your decision. Mayor Morgan stated if the motion
carries to continue this hearing November 14, it will be
scheduled again at 8:00 p.m. November 14. Motion carried by
unanimous vote. Absent: Camacho,
The HEARING ON THE PROPOSED ZONE CHANGE (2C..12.72) TO REZONE FROM
C.2 (LIMITED COMMERCIAL) TO R--4.•PD (RESIDENtIAL PLANNED DEVELOPMENT)
THE PROPERTY AT 2424, 2430, 2432,24340 2436, AID 2504 EAST 8TH ST . was
held at this time. City Clerk Campbell stated the Certificate
of Publication of Notice of Hearing was on file, and the Planning
Department transmittal stating the Planning Commission recommended
approval was attached to the agenda. Planning Director Gerschler
said the Planning Commission has recommended approval; the
property is completely developed as a new apartment project
building; in response to AB 1301 requirements, the City recently
amended the General Plan to show the property for residential
purposes; that amendment has already been accomplished; the
proceeding tonight is simply bringing the zoning of the property
in compliance with both the existing land uses and the General
Plan. No one was present in this regard* Moved by Waters,
seconded by Pinson, the public hearing on pro sed zone change
12-72 to rezone from C-2 to R74..PD be approved and all stipu.»
latioris of staff be adhered to and the ublic hearin be closed.
Carried by unanimous vote. Absent: Camacho.
NEW BUSINESS (continued)
Step increases for eligible employees, approved by Department
Heads and City Manager: R. A, Bigbey, Parks and Recreation;
Molly M, McDonell, Library; and Daniel Gradillas, Fire Department,
was presented. Moved by Waters„ seconded by Reid, in favor of
1.121 step increases asapproved by Department Heads and C t
Manager. Carried by unanimous vote, Absent: Camacho.
A communication from the CITY MANAGER, dated October 17, 1972,
filing eight items with the City Clerk (No Council Action Necessary
for information only) was presented: (1) Auctioneer's License
Bond No. M•.170,,478 covering Tauber-.Arons Company Inc,, 9000
Sunset Boulevard, Los Angelesy, California in the sum of $2,500;
(2) Certificate of Insurance from. Hartford Accident & Indemnity
Company covering William L. Sale DBA: Radio Cab Co* & William L.
Sale DBA: El Cajon Radio Cab, 2504 "C" Street, San Diego, Calif.,
Policy No. 72C209952; (3) Cover letter from Lions Club, National
City, Calif., dated June 281, 1972, attaching Certificate of
Insurance No, RTI 17 42 30 covering the 1972 4th of July celebration
in Kimball Park; (4) Notice of cancellation or nonrenewal from
National Indemnity Co., 3024 Harney St., Omaha, Nebraska, covering
Louis M. Planas, 544 Ave. Primavera, Del Mar, Calif,,, Policy No,
CAL 12482; (5) Minutes of the regular meeting of the Board of
Directors, San Diego County Water Authority dated August 10,
1972 and September 14, 1972; (6) San Diego County Water Authority
letters dated August 31 and September 30, 1972, reporting Authority
operations for the month of August and September, 1972; (7) Letter
from the League of California Cities, Sacramento, Calif.,, dated
October 9, 1972, attaching Analysis of Proposition 14 (Watson
Initiative); (8) Letter from Campaign Dir., Californians Against
Proposition 18 (Obscenity Initiative) and attachments (copies given
to Council 10/19/72),
REPORTS
ASST. CITY MANAGER Stenberg stated he has a joint report with the
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61
Director of Planning for review and consideration by the City
Council: guidelines for environmental, impact review. Mr. Stenberg
said the Council members received today from the staff a draft of
the guidelines. Planning Director Gerschler said this is an
extremely complex issue; the City Council on October 10 responding
to comments made by the City Manager and City Attorney (which, in
turn, grew out of the now famous State Supreme Court case Friends
of Mammoth vs, Board of Supervisors of Mono County which tells us
you have to have an Environmental Impact Statement for private
projects) took two actions: first, was to instruct the Building
Inspector to continue to issue permits for projects with trivial
uses of one, two, or three bedroom dwellings, and to delay
issuance of permits on anything any more substantial than that;
and second, created an Environmental Impact Committee composed of
the City Manager, the Planning Director, the City Engineer, and
two Building Inspectors; and instructed us to prepare for you
guidelines and standards, methods, and procedures, and all that
is necessary to gain compliance with this significant Supreme
Court decision, that's what is before you tonight in the form of
this report. There was discussion, Moved by Pinson, seconded by
Reid, the resolution on this matter be introduced by title.
Carried by unanimous vote. Absent: Camacho,
RESOLUTION NO, 10,859, "RESOLUTION ESTABLISHING ENVIRONMENTAL
IMPACT COMMITTEE, ESTABLISHING PROCEDURES FOR COMPLIANCE WITH
REQUIREMENTS OF ENVIRONMENTAL QUALITY ACT OF 1970 AND ESTABLISHING
FEES FOR PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS", Moved
by Reid, seconded by Pinson, Resolution No. 10 859 be ado ted.
Carried by unanimous vote. Absent: Camacho.
CITY CLERK CAMPBELL reported receipt of City of San Diego's Water
Utilities Annual Financial Report for fiscal 1972 which is on
file.
CITY CLERK CAMPBELL reported receipt of two notices from the San
Diego Gas & Electric Co. dated Oct. 10 advising they have filed
applications Nos, 53630 and 53631 requesting authorization to
increase rates for electricity and natural gas service, etc, and
stating anyone interested will be furnished with copies on written
request, which is on file,
CITY CLERK CAMPBELL reported receipt of a communication from Mayor
of City of Lodi, enclosing two ordinances adopted because of their
concern with increased incidents of drug abuse and apparent diffi-
culty in: prosecuting such cases: (1) calling upon the District
Attorney to prosecute to the fullest extent and (2) urging the
Judges of the Supreme Court to impose maximum sentence on those
convicted, which is on file.
CITY CLERK CAMPBELL reported receipt of a statement of MAYORS
AGAINST PROPOSITION 20 which is on file,
CITY CLERK CAMPBELL reported receipt of communications from Sen.
Randolph Collier and Governor Reagan acknowledging receipt of
Res, No. 10,847 (library) in support of S.B. 1261, which is on
file.
CITY CLERK CAMPBELL reported receipt of an Order Instituting
Investigation before the Public Utilities Commission on the
Commission's own motion into methods of compliance with the
Environmental Quality Act of 1970, Case No, 9452, which is on
file.
A memo from the PLANNING DEPARTMENT stating Zone Variance Z..3--72
to permit a projection of 40% of the width of the lot measured at
the rear of the projection within the rear yard setback (at 2323
10/24/72
62
vote. Absent: Camacho.
East 4th St" Daniel Mallorca) was heard by the Planning Commission
and should be set for review by the Council Nov. 14 unless written
protest received, City Clerk Campbell stated this will be on the
agenda November 14* Moved by Waters, seconded by Pinson, this
item under "a", Planning Department k Zone Variance ZC...3-.72 be
scheduled for review of Council November the 14th. Carried by
unanimous vote. Absent: Camacho.
The PLANNING DEPARTMENT transmittal stating the Planning Commission
recommended the request of National School District for deferral of
sidewalks at NW corner of 16th St. and N Ave. be denied and stating
four possible actions for Council was presented. Moved by Pinson,
seconded by Reid, in favor of the Planning Commission's request
that this be denied. Carried by the following vote„ to..wit :
Ayes: Pinson, Reid, Morgan. Nays: Waters, Absent: Camacho.
A memo from the PLANNING DEPARTMENT in regard to request for
closing of 21st St„ from Wly line of Cleveland Ave, to Wly line
of1�1; and alley closing between Cleveland and Harrison Aves.,,
501,/S1y line of 21st St, (Reliance Steel and Aluminum Co.) and
stating Planning Commission recommended approval subject to
conditions was presented. Planning Director Gerschler stated this
item is a proposed vacation of a portion of 21st St. from the Wly
line of Cleveland Ave.. to the Wly line of an alley, and alley
closing between Cleveland and Harrison Aves., 501 So. of Sly line
of 21st St.; this is adjacent to the Reliance Steel and Aluminum
Co.; the Planning Commission action recommends approval based upon
the findings that there is no present or contemplated future
need for these streets and alley. There was discussion, Moved
by Morgan* seconded by Reid, o a rove the of c1osin streets
and al]eys as -Proposed aP4-E222Enadad-12X-tilt-ElaaniM2J2043Rilli2.11
for the Rgliance Steel property at 21st St There was discussion.
Carried by unanimous vote, Absent: Camacho.
A memo from the PLANNING DEPARTMENT in regard to the vacation of
the unimproved alley between Roosevelt and National Aves, and
between 21st and 22nd Sts. (Dunphy Construction Co.) and stating
the Planning Commission recommended approval as recommended by
staff was presented* Planning Director said the review of proposed
vacation found no contemplated future use for public use for this
unimproved alley and the Planning Commission recommender Council
vacate it. Moved by Waters, seconded by Reid, in favor of the
Plannin Commission's recommendation on Item lb". Carried by
unanimous vote., Absent: Camacho.,
A memo from the PLANNING DEPARTMENT in regard to Council directive
to initiate street closing proceedings (F Ave. from Sly line of
16th St. to So, a distance of 290 t) was presented. Planning
Director Gerschler said this property is adjacent to Sweetwater
School District property; apparently, at the time the school
approved some tentative agreement on the street closing, the'
Council, indicated they would consider a street closing, it didn't
get picked up and has not been done; the action tonight would be
to initiate consideration of the street closing and refer the matter
to the Planning Commission for their recommendation„ Moved by
Pinson, seconded by Waters, this be set for public hearing and
referred back to the Planning Commission. Carried by unanimous
NEW BUSINESS (continued)
PLANNING DIRECTOR GERSCHLER requested we go back to Item 5 (A
communication from MAX L. EBERHARDTy PRESIDENT, KEARNY MESA IMPORTS,
requesting refund of building permit fees for 80 unit apartment
project on 16th St, near "Q" Ave, and stating when present
moratorium is fifted on building permits he will reapply for
10/24/72
63
permit for a 44 unit project on the same lot) under New Business
and how the problem developed; Mr. Eberhardt's letter received
October 19 contends that several months after the permit was
issued the lot was rezoned under an emergency procedure and the
building permit was revoked; the Building Inspector's (Mr. Biggs)
letter of October 20,, 1972, says building permits were issued
authorizing Kearney Mesa Import Co, to erect both structures in
the 1700 block of E. 16th St.,
here is the key; these permits
were issued December 22, 1971, since no construction work was
started the permits expired by limitation and became null and void
on February 21, 1972; the site plan review ordinance No, 1306 was
adopted the following May 2, 1972; so these permits had expired.
Moved by Waters, seconded by Pinson, this item be brought back on
the floor at this time. Carried by unanimous vote, Absent: Camacho,
Pity Clerk Campbell stated the motion on the floor was to return
the $6,724.98 and retain the plan check fee. Councilman Pinson
withdrew his second, Moved by Pinson, that the Park Development
Surcharge fees only be returned to the builder, Motion died for
lack of second, Moved by Waters, seconded by Reid, 512124098 be
returned to this developer (the City is to keep the plan check
fees in the amount of $724). Carried by the following vote, to --
wit: Ayes: Reid, Waters, Morgan, Nays: Pinson. Absent: Camacho.
COUNCIL COMMUNICATIONS
COUNCILMAN WATERS asked Mr. Gerschler what can be done about the
beef place on Highland that opened up and closed about two years
ago; they boarded that building up and left it, Mr, Waters stated
several business pecpl,e were looking for land on Highland Ave*.
and they questioned what is going on in the City; how come that
brand new building is boarded up; there should be a legal time
limit for a building to Stay vacant and boarded up, so the City
Council or City Staff can do something about this; in this case
it has been boarded up for several years, Mr. Waters also asked
about the time limit on how long the real estate advertising
signs can stay up after the property is sold; in some cases these
signs stay up 8-10 months with a sold sign on it. Planning
Director Gerschler said he would like to take the question of
having the building boarded up with the City Attorney and report
back to Council on this; there have been some experiments made
in some towns on "take down" ordinances that are very complex and
he wouldn't want to comment on it without taking it up with the
City Attorney, Mr, Gerschler said the second question; the sign
ordinance allows the posting of for sale signs os properties for
sale and technically speaking when the property;'no longer for sale,
asd has been sold, the sign has to cane down; if it comes to our
attention we can advise people that the sign has to come down
immediately; the Council can advise the staff to write a letter
to all of our Real Estate firms in the community reminding them
of the ordinance provisions, Councilman Waters asked that staff
be directed to write to the Real Estate people here in the City
to conform with our new ordinance 1306. Mayor Morgan directed
the Asst. City Manager to write the letters*
COUNCILMAN WATERS reported he received eight letters objecting
to the fish cannery,
COUNCILMAN WATERS said he has observed the Police Reserves over
the last 6,7,8 years, and asked if the Civil Service Commission
would discuss the possibility of giving an additional point or
two on examinations taken by members of the Police Reserve who
are taking the examination for Police Officer.
Moved by Waters, seconded by Pinson„ the meeting be adjourned to
October 31,E 1972„ Carried by unanimous vote, Absent: Camacho,
10/24/12
64
The meeting adjourned at 9:03 p.m*
City i lerk
City of National City, California
The foregoing minutes were approved by the City Council of National
City at the regular meeting of October 31, 1972,E
No Corrections
Correction as noted below
Mayor, City or '' tional City, California
10/24/72