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HomeMy WebLinkAbout1971 05-18 CC MIN107 MINUTES OP THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 18, 1971 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. ROLLCALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Deputy City Clerk Fasig, Gerschler, McLean, Civil Engineer Associate Newberry, Osburn, Stenberg, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Father Peter Borda, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, tininutesoftiiertinol May 11 1971 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Abstaining: Reid. COUNCIL COMMUNICATIONS COUNCILMAN REID reported on his attendance at the Councilmen's and Mayors' Institute, sponsored by the League of California Cities in Sacramento last week: they had some wonderful speakers and the workshops were really work; he didn't think they would get any help from the State this year. Council- man Reid said he stopped at a few cities coming back and did a little home- work for a committee (Tree Committee) on which he was appointed to serve. VICE MAYOR WATERS said about a week ago Council approved formation of a Narcotics Committee; last night they met in the Council Chambers and appoint- ed Mr. (Virl) Nuttal (Principal, Olivewood Elementary School) Chairman; this committee will meet twice a month on the 2nd and 4th Mondays in the Library.. Vice Mayor Waters said Mrs. Holthaus asked him to thank the Council on be- half of the committee for allowing this to become a reality. MAYOR MORGAN recommended the appointment of Joe Tuminting (2601 E. lst St.) to the Citizens Advisory Committee for Community Improvement. Moved by Camacho, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN recommended the appointments of Shirley Yahnke, 1834 E. loth St., and Theresia Law, 3035 Plaza Blvd., to the Tree Committee. Moved by Waters, seconded by Camacho, Carried by unanimous vote. The PROCLAMATION, "URGING CITIZENS TO BUY BUDDY POPPIES FOR SALE BY THE VETERANS OF FOREIGN WARS ON THE DAY SET ASIDE," was read. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Moved by Hogue, seconded by Camacho, the recommendation in Agenda Item 16 under "New Business" "Communication from 'P'oppy Day Chairman' re uestin no fe2....permit and recommendation by City Treasurer -Finance Director the re- quest be granted for May 21 and 22") be approved. Carried by unanimous vote. ORAL. COMMUNICATIONS JAMES W. MORGAN, 2820 Lang, San Diego, was present and requested reconsider- ation of licenses issued him in connection with the Masonic Lodge; he would answer any questions they may have about the operation. Mayor Morgan in- quired if there would be a live nude show and nude films. Mr. Morgan re- plied they will have a live nude show upstairs. Councilman Reid inquired where the customers would park. Mr. Morgan replied he was negotiating for the parking lot across the street behind the old Safeway. 5/18/71 108 MRS. CONSUELO RUBIO, 172 Cleveland Avenue, Chairman, Sister City Committee, was present and introduced the City of Tecate Director of Tourism,. Fernando Appel, and Professor Alvaro Rodriguez; they wished to ask the Council to appropriate $250.00 for secondary school expenses; they will give tickets so people from National City can attend the Ballet Folkloric°, presented by a group of teachers from Mexico City Saturday, May 22, Encios Park, Tecate; Councilman Camacho said he and Mr. Colvin, Superintendent of Schools, went to Tecate over the weekend and were given a tour of school facilities; he was pleased to see the progress made. Councilman Camacho said if they approve this request they could distribute tickets to grade school children who could have their parents take them to Tecate; the tickets will entitle the youngsters to a meal. Moved by Hogue, seconded by Camacho, the Council do- nate $250.00 to their Sister Cit to aid them in their ro'ect. Carried by unanimous vote. Mayor Morgan welcomed the guests from Tecate and this was translated into the Spanish language by Councilman Camacho, CZZIE NOLLETT, 3015 E. 20th Street, was present and extended an invitation to the Council to visit Club 21 on May 27, 5:00-8:00 to meet a great America4 and sportsman, Joe Louis. WILLIAM 3ROXEMAN, 540 W. Laurel, San Diego, was present and requested an amendment to Zoning Ordinance 962 to permit him to lease space from the ;ort of San Diego to receive scrap from retired naval vessels. Mr. Erokeman stated the need for more employment in the area and the reasons he felt sucn a business would benefit National City. Moved by Hogue, Zoning Ordinance 962 be amended to allow this firm to start activity on the Port. Motion died for lack of second. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be read b title. Carrid by unanimous vote. RESOLUTION NO. 10,335, "RESOLUTION ACCEPTING CON7EYANCE OF REAL PROPERTY (Ingalls - IN/ Avenue)." Moved by Reid seconded by Camacho, Resolution ilcr 102335 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,336, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (IN' Avenue)." Moved by Reid, seconded by Camacho, Resolution No. 10,336 be adopted. Carried by unanimous vote. RESOLUTION NO 10,337, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (American LaFrance and El Toyon Park)." Moved by Camacho, seconded by Reid, Resolution No. 10 337 be ado ted. Carried by unanimous vote. RESOLUTION NO. , "Resolution supporting propositions sponsored by County Board of Supervisors for bond issues." Moved by Hogue, seconded by Reid, this resolution be re-ected. Moved by Waters, seconded by Morgan, an amend- ment be made to the motion they take the items separately. City Attorney McLean said there was no way to split the resolution in parts and suggested if they pass the motion before them he bring up the items one at a time; they could tell him which of them they favored (if any,) and he would pre- pare a new resolution. Motion and second to amendment withdrawn. motion carried by unanimous vote. City Attorney McLean said L'roposition A would provide $61 million for a de -centralized court, detention and rehabilitation facilities. Moved by Reid, seconded by Morgan, t119222.)roiroopILL.922. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan, Nays: Hogue, Waters. City Attorney McLean said Proposition B will provide $12 million for improved programs for rehabilitation of youth; this refers specifically to a new boys rehabilitation facility. Moved by Reid, seconded by Camacho, they approve this. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. City Attorney McLean said Proposition C would provide $6.4 million for County buildings to de -centralize County services. Moved by Reid, seconded by Hogue, they Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. City Attorney McLean said Proposition D will provide $7 million for 5/18/71 71' 109 an open space trust fund; the County could acquire property which was threatened with development and preserve it for open space use. Moved by Morgan, seconded by Reid, they deny, this one. Carried by unanimous vote. RESOLUTION NO. 10,338, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE CERTAIN PORTIONS CF 16TH STREET BETWEEN CLEVELAND AVENUE AND Mc - KINLEY AVENUE." Moved by Waters, seconded by Camacho, Resolution No. 10,335 be adopted. Carried by unanimous vote. �� RESOLUTION NO. 10,339, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE CERTAIN PORTIONS OF tG1 AVENUE." Moved by Camacho, seconded by Waters, Resolution No. 10,339 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,340, "A RESOLUTION OPPOSING ANY ATTEMPT TO ALTER THE MMTHOD LErTYING, COLLECTING AND DISTRIBUTING THE UNIFORM SALES AND USE TAX UNDER THE BRADLEY- BURNS UNIFORM LOCAL SALES AND USE TAX LAW." Moved by Waters, seconded by Reid, Resolution No. 10,340 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,341, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ASSUMING RESPONSIBILITY FOR THE ENFORCEMENT OF THE MOBILE- HO%E PARKS ACT AND RELATED REGULATIONS OF THE CALIFORNIA ADMINISTRATIVE CODE AND DESIGNATING THE ENFORCEMENT AGENCY." Moved by Hogue, seconded by Reid, Resolution No. 10�,341 be adm eedd. Carried by unanimous vote. RESOLUTION NO. 10, 342, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 5TH STREET." Moved by Camacho, seconded by Reid, Resolu- tion No. 10,342 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,343, "RESOLUTION AUTHORIZING EXECUTION OF 4TH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR SERRA REGIONAL LIBRARY SYSTEM." Moved by Hogue, seconded by Camacho, Resolution No. 1O ,343 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,344, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUB- LIC INTEREST, CONVENIENCE AND NECESSITY CF THE CITY OF NATIONAL CITY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC STREET ACROSS CER- TAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DE- MAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE: AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EM I NENT DOMAIN PROCEED I NGS : COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (14th Street Seawind Greens Subdivision).“ Moved by Hogue, seconded by Camacho, Resolu- tion No. 10,344 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1269, "AN ORDINANCE REGULATING PALMISTRY, PALM READING, FOR- TUNE TELLING, SPIRITUALISTS, MEDIUMS, PROVIDING FOR THE REGULATION OF SUCH ACTIVITIES AND THE BONDING OF PERSONS ENGAGED THEREIN," was presented for second reading. Moved by Camacho, seconded by Reid, the ordinance be read by title. Carried by unanimous vote. The title was read. Loved by Waters, seconded. by Camacho, Ordinance No. 1269 be adopted. Harold Reynolds, 1945 Marina Blvd., San Diego, was present and asked how this would affect churche3 . City Attorney McLean replied it refers to engaging in the business of palm- istry, palm reading, fortune telling, spiritualism, numerology, card read- ing, tea leaf reading and other forms of prognostication of future events, refers to businesses and has no effect on an organized church. Carried by unanimous vote. 5/18/71 110 HEARING The HEARING ON THE AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ORDINANCE NO. 962) TO ADD SPECIFIC PROVISIONS ALLOWING ON - PREMISE DIRECTORY AIND IDENTIFICATION SIGNS FOR CHURCH USES IN THE R-2 AND R-4 ZONES was held at this time. Deputy City Clerk Fasig said the Certifi- cate of Publication was received and on file and the Planning Commission recommendation was attached to the agenda. Planning Director Gerschler said a recent request by the United Church of Christ at 2002 Granger Avenue for the construction of a sign on their premises revealed that the Zoning Code does not allow such signs in that zone; they also found that the R-4 Zone (where churches are sometimes found) does not allow identification signs as customary for churches; they asked the Planning Commission to initiate an amendment to the Zoning Code; if approved this would allow identification signs for churches in the R-2 and R-4 Zones. Vice Mayor Waters inquired how large the signs would be. Planning Director Gerschler replied 20 sq. ft. in area and 61 in height. Vice Mayor Waters asked if they needed a sign that large. Planning Director Gerschler replied often they combine both their directory sign and their name sign with the directory sign being the announcement of their services and other programs. Councilman Reid inquired if that was on their own property. Planning Director Gerschler replied it was only on their own property. Fred Cook, 3854 Birch Street, San Diego, was present and said the church for which they desire a sign was located at 2002 Granger; the sign they would like to have permission to put up will be on the building; it won't be a signboard made in a sign shop; they would like to print the name of the church on the back of the building in 21 letter; and 401 across. City Attorney McLean said that would not be allowed under this ordinance. Planning Director Gerschler said this proposal would not allow a sign of 80 sq. ft. in area; this would limit the sign to 20 sq. ft. in area. Mr. Cook said this sign would be printed on the building. Mayor Morgan inquired if that would make a difference. Planning Director Gerschler said this Code anticipates wall signs of 20 sq. ft. plus an identification sign of 20 sq. ft.; this proposal as submitted would not allow the sign that Mr. Cook was talking about. No one else was present in this regard. Moved by Waters, seconded by Camacho, the hearing be closed the amendment to the Zoning Ordinance of the Cit of National Cit California Ordinance No. 962, to add specific provisions allowing on -premise directory and identifi- cation signs for church uses in the R-2 and R-4 Zones be allowed and the Planning Commission's and staff's recommendation be adhered to. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said he distributed a report concerning the status of their condemnation action against the California -American Water Co.; they are approximately $43 million dollars apart at this moment and were assuming they will go to trial October 18, 1971; he had copies of all of the reports that the City paid to have prepared which will be distributed tomorrow; he had one extra set of reports prepared by the expert witnesses for the Water Co. and will leave them in Mr. Osburnis office; they will start taking dep- ositions June 1 and will do that continuously through June, take July off, and start again in August until they are done; they hope that will give them about 3 weeks before the trial starts. There was discussion. APPROVAL OF BILLS BILLS AUDITED BY THE FINAI'CE COMMITTEE were presented: General Fund $31,435.60 Traffic Safety 1,735.00 Capital Outlay 2,097.98 Park 560.65 Special Street 1,170.00 Sewer 1,400.96 Total $38,400.19 Moved by Camacho, seconded by Reid, these bills be aid and warrants drawn. 5/18/71 111 Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS CITY MANAGER OSBURN reported regarding two bids received for the Weed Abate- ment Program: he first determined there was no way to compare them as one was bid hourly and the other by square footage; after reviewing the square footage bid it appeared to be the better bid as they gave a specific price for discing, mowing and rubbish hauling per yard and a definite price for hand labor at $6.00 per hour; he recommended the bid be awarded to the Taylor Tractorco.midwacitc2theo.therbidbere'ected. Moved by Camacho, seconded by Morgan, the City Manager's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan, Nays: Reid. NEW BUSINESS CITY MANAGER OSBURN reported on the opening of sealed bids for the Comfort Station - Kimball Park. Deputy City Clerk Fasig said the Certificate of Publication and Affidavit of Posting were on file. The City Manager said five bids were received (Champion Construction Co., bid bond not included, $16,039.00; Deytime Construction Corporation $15,300.00; Raymond D. Haas $14,989.00; Lovett Construction $17,195.00; George Taylor Construction Co. $14,418.00) and the low bid was by the George Taylor Construction Co. in the amount of $14,418,00; this bid has been approved by the Park Department and the Engineering Department; he recommended they award the contract to the George Taylor Construction Co. and all other bids be rejected. Moved by Waters, seconded by Camacho, the Comfort Station at Kimball Park be built by the George Tylor Construction Co. for $14,418.00 and all other bids be rejected. Carried by unanimous vote. A communication from the CITY MANAGER recommending he be authorized to enter into a cooperative agreement with the County for the City's share of cost for the Ridgeway Sewer and sewers in the vicinity of Freeways 805 and 54 was presented. Moved by Hogue, seconded by Reid, the City Manager's recom- mendatidp that he be allowed to work in coomplisELE1112the 22IntjREELILI: ......9.___22LAtwaLi3eappE2yeolj-ntothej-nstallatiot. Carried by unanimous vote. A communication from the CITY OF EL MONTE urging adoption of a resolution opposing any changes in sales tax distribution was presented. Ordered filed by unanimous vote. A communication from COUNTY SUPERVISOR HENRY A, BONEY stating the develop- ment plan study of the Sweetwater Regional ?ark has been completed and a report will be presented May 19, 7:30 p.m., in the Student Union -West Build- ing, Southwestern College, was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER recommending a report from the San Diego County Assessor (attached to agenda) relating to formation of Sub - Zones "A" in Zones 3 and 4 of the San Diego County Flood Control District be filed was presented. Ordered filed by unanimous vote. An application for on sale general (public premises) license for stock transfer under the name of G. H. DODDS, INC. (a newly constituted corpora- tion), new 100% stockholder and president, Marjorie Rodriguez, to do busi- ness as HAROLD'S CLUB, 29 W. 8th Street, was presented. Moved by Hogue, seconded by Camacho, the item pertaining to Harold's Club chang of 1iq license be filed. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Nays: None. Abstaining: Morgan. An application for person to person transfer (dropping partners) of off sale beer and wine license by SOUTHLAND CORPORATION to do business as 7- ELEVEN STORE #2001-11, 702 Highland Avenue, was presented. Moved by Waters, seconded by Camacho, the application for person to person transfer Sdrcmping partnersj of off sale beer and wine license by the Southland Corporation to 5/18/71 112 do business as 7-Eleven Store #2001-11 702 Hi hland Avenue be a roved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. A communication from the CHAIRMAN, BOARD OF SUPERVISORS, stating the County will conduct an off -road vehicle conference 9:00 a.m. to noon, Saturday, May 22, at the Road Runner Club in Borrego Springs and inviting elected officials to participate was presented. Moved by Camacho, seconded by Reid, this item be filed. City Manager Osburn said if none of the elected officials were going, Mr. Biggs will be there and he recommended he attend the meeting. Moved by Hogue, seconded by Camacho, Mr. Biggs be sent as a representative from National City. Carried by unanimous vote. A communicat ion from the CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELATIONS stating the City's preliminary application for Comprehensive Planning Assistance was reviewed and CIR will be unable to fund the City for the next fiscal year and suggesting the City resubmit any proposals for which it may wish to receive future consideration was presented. Moved by Camacho, seconded by Reid, Mr. Osburn be authorized to re -a ly for this. Carried by unanimous vote. A communication from the CITY MANAGER regarding the proposed C.P.O. voting formula (attached to the agenda) was presented. Moved by Waters, seconded by Camacho, this item be filed. City Manager Osburn said he believed this should be approved or disapproved. Moved by Waters, seconded by Reid, the communication from the City Manager regarding the proposed C.P.O. voting formula be approved as attached. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. COUNCILMAN HOGUE said he knew they voted on square footage for the Weed Abatement Program, but the young man who was before the mike last week just arrived; perhaps he has a recommendation as for cutting per square feet. Mayor Morgan said he thought it was out of order. Moved by Hogue, seconded by Waters, this ant leman be allowed toe rasa before the Counci l as to whether he has a bid as to square feet. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. Joe Gallagher, Gallagher Landscaping & Maintenance, 1023 Isabella, Coronado, was present and said he turned in a bid the early part of this week; he believed it was .006250 and $4.50 per hour labor; he believed that he could handle the situ- ation under that bid. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated May 7, 1971, with the City Manager's recommendations, a communication from the PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA, and the LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated April 30, 1971 were presented. Moved by Hogue, seconded by Waters, the Council go along with the recommendations of the League of California Cities and the Ci�Manaa�er pertaining to these r. rrrrrrr rrr � r.-+..�.�. r i i items. Carried by unanimous vote. A communication from the PRESIDENT, CHAMBER OF COMMERCE, requesting poles and cables at the intersection of 8th and National for hanging cross -street banners was presented. Ordered filed by unanimous vote. A communication from SUPERVISOR JIM BEAR requesting time on the agenda in the near future to ask adoption of a resolution regarding transportation was presented. Moved by Camacho, seconded by Hogue, Mr. Beal's re uest be granted. Carried by unanimous vote. A communication from SUPERVISOR JIM BEAR enclosing draft of a bill for a "San Diego Area Transportation Agency" and inviting comments and recommen- dations was presented. Ordered filed by unanimous vote. A communication from the CHAIRMAN, CINCO DE MAYO CCMNITTEE, thanking the Council for assistance and participation in their commemorative program was 113 presented. Ordered filed by unanimous vote. A communication from the WORK EXPERIENCE COUNSELOR, HILLTOP HIGH SCHOOL, requesting a $10.00 solicitor's license fee be refunded Dusty Foggo and Steve Parker as Council granted a free license on May 4 was presented. Moved by Camacho, seconded by Reid, the request be granted. Carried by unanimous vote. A request for refund of a $100.00 Performance Bond by ALBERT B. MALONEY, 2002 Granger Avenue, and the recommendation of approval by the Engineering Department were presented. Moved by Camacho, seconded by Reid, the request for refund of $100.00 by Mr. Albert B. Maloney be approved. Carried by unanimous vote. A communication from CHRYSLER LOCAL 230, 5150 E. Gage Avenue, Bell, Califor- nia, urging the City Council to adopt and support a resolution (attached to the agenda) regarding the buying of American made products was presented. Moved by Waters, seconded by Reid, the Chrysler Local 230, Bell, California resolution be approved. Carried by unanimous vote. A communication from the SAN DIEGO UNIFIED PORT DISTRICT enclosing a copy of their Resolution No. 71-115 regarding Coastal Zone Management was pre- sented. Ordered filed by unanimous vote. Step increase for an eligible employee, approved by the department head and City Manager for Gary G. Terrell, Police Department, was presented. Moved by Waters, seconded by Reid, the step increase for eligible employee4 approved by department head and City Manager for Gary G. Terrell, Police Department be approved. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN stated they recently had a rather serious accident on what is called 19th Street in the section between Granger and Rachael Avenues; this is a 20' street with dedication from 40' to 60'; they do not have half of the right of way required to make this a full width street and would recommend the street be made one way in a westerly direction running from Rachael Avenue to Granger Avenue. Moved by Morgan, seconded by Camacho, they approve this the same way they approved 21st Street after the people had been now fiecj. Moved by Hogue, seconded by Waters, the motion be amend- ed to read that from now on they set up a system where the City Manager notifies these people ahead -of time before this is brought to the Cif Council. Vote on the amendment to the motion carried by unanimous vote. Original motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: Reid. CITY MANAGER OSBURN said an R-4 property recently purchased by Kearny Mesa Imports went through the entire staff of the City and when they received approval on their plans they applied for a loan which was granted for con- struction of 80 units on this parcel of ground; the zoning on this was changed which could throw out their development; he would recom- mend theycancel the ordi nance the assed last week in re and to this r- e1 of round and let it remain as an R-4 so the develo ent could proceed; if they desire to put an R-4-PD in the future, he would recommend parcels of ground to be developed with 10 or more units automatically be placed under Planned Development in the entire City. Moved by Hogue, seconded by Reid, the City Manager's recommendation pertaining to developments be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Wat ers . Nays: Morgan. Moved by Hogue, seconded by Reid, an ordi- nance be prepared that would make any arte a rs n# tannin over 10 or more PD this to be referred to the Plannin Commission. Carried by unanimous vote. Vice Mayor Waters inquired if the gentleman in question could pro- ceed with his development. City Attorney McLean said after the ordinance was repealed. 5/18/71 114 CITY MANAGER OSBURN said last week they were asked to prepare a plan for the improvement of the intersection of Plaza and 8th Street; he has the plan but was not able to get out and see the property owner concerned; he will contact him this week. DEPUTY CITY CLERK FASIG reported receipt of (a) a resolution of the City Council of the City of Monterey Park expressing strong opposition to enact- ment of SF3 333 by the Legislature, (b) Notice of a hearing before the :ub- lic Utilities Commission on the application (No. 52591) of Greyhound Lines Blest Division of Greyhound Lines, Inc., for an order authorizing statewide increase in intrastate passenger fares and express rates, and (c) a Report on Trade Outlets & Taxable Retail Sales in California during 1970, 10th Annual Report, by the State Board of Equalization. Ordered filed by unani- mous vote. PLANNING DIRECTOR GERSCHLER presented the Planning Commission recommendation regarding the request by Seawind Greens for an amendment to the resolution granting a Residential Planned Development Permit that Item 7, Exhibit "A" of Resolution No. 10,138, be amended to read the same as set forth in Reso- lution No. 10,188, Planned Unit Development Permit No. 29, Items "F" and "I". Planning Director Gerschler said the effect of this amendment and the conditions would be to allow them to use individual TV antennae on their units until cable television was made available in that area; in their staff recommendation they suggested that the wording provide that approval require covenants agreeing to take down the TV antennae within 90 days after cable television has been made available. Moved by Camacho, seconded by Reid, the City Planner's recommendation be approved. Earl Brown, 2425 E. 16th Street, was present and said what they wanted was the same relief in the first unit as granted to them in the second unit. Planning Director Gersch- ler said the condition that Mr. drown was referring to says that the indi- vidual TV antennae can be used until cable television was available and until the individual antennae are deteriorated. Mayor Morgan asked that this be explained how it would work. Planning Director Gerschler said the one point they were talking about here was that the regulation as suggested would require the individual television antenna come down when cable tele- vision was available and when individual television antennae were deteriorat- ed; he suggested a change that would require that the individual antenna come down when cable television was available and within 90 days after be- cause he had no way of determining when a television antenna was deteriorated. Mayor Morgan asked what was going to happen when 90 days rolled around and cable TV was there; it may take more than 90 days. Planning Director Gerschler said the staff had no thought on the time; it could be 6 months or it could be a year. Vice Mayor Waters said he thought the point they were missing was that the ordinance requires they have built-in antennae. Moved by Waters, seconded by Hogue, the motion be amended to instead of 90 days after cable TV, 1 year. Mayor Morgan inquired what effect this would have on the developer. Planning Director Gerschler said he would refer it to the City Attorney as it involved a legal question. City Attorney McLean said he didn't know; he couldn't answer it tonight. Moved by Morgan, second- ed by Reid, the motion be tabled for one week. Carried by unanimous vote. City Attorney McLean said they would try to have a report for the Council next week. Vice Mayor Waters told the City Attorney while he was doing this, it appeared to him that they objected to the central TV antenna system; this was what the ordinance calls for; he wanted to know what the developer was really objecting to. PLANNING DIRECTOR GERSCHLER presented the Planning Commission recommendation regarding the proposed lot split at 1417 Palm Avenue - vacant lot on law Avenue (Miles Feio) this be approved subject to conditions recommended by staff and that a covenant and agreement be recorded, waiving any protest right in future street improvement assessment proceedings, in the event that the presently contemplated gasoline tax project is not completed. Planning Director Gerschler said the proposed lot split was routine; it was only be- fore them tonight because there was a request for a waiver of street im- provements; the City Engineer advises there is a gas tax project underway 5/18/71 115 that would provide those improvements; the conditions attached by the Plann- ing Commission provides for a covenant waiving any right to protest future improvement districts in the area; the Planning Commission recommends approval as proposed. Moved by Camacho, seconded by Hogue, the Planning Commission's recommendation be approved. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER presented the Planning Commission recommendation they accept the staff recommendation and approve Planned Development No. 34, National City Convalescent Hospital, subject to the 18 conditions listed by staff. Planning Director Gerschler said this plan was approved by the City Council previously but has expired because the project was not commenced within the required period of time; the applicants re -filed an application and the Planning Commission reviewed it; it is the same plot plan as approved in the first case; all of the original conditions are attached that were attached to the first case; they have suggested some additional conditions for the improvement of streets abutting 3 sides of the property; the appli- cant indicated at the Planning Commission hearing that they were willing to accept all of the conditions, including the added street improvement. Moved by Hogue, seconded by Camacho, this be pproved, the recommendation by the PlannizaCDLnmissinDartraeArtainingtotheRes Planned Development Permit No. 34. Mayor Morgan asked if they could have a 1911 Act east of Harbison ready to go so dirt won't wash down the hill. City Manager 0sburn said they will attempt to work this in at that time; however, he believed that the other half of the street (or a portion of it) was in San Diego. Carried by unanimous vote. Moved by Morgan, seconded by Reid, the authorize the Cit Manager to start rocedures on a 1911 Act and pontact San Die90 to work with San Die o and get this done l4th Street east 2ftmtiEmi. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S monthly Financial Statement ending April 30, 1971 was presented. Ordered filed by unanimous vote. Moved by Camacho, seconded by Reid, the x.....neepeclosecl. Carried by unan- imous vote. The meeting closed at 9:05 p.m. City Clerk City of National City, alif. The foregoing minutes were approved by the City Council of National City at the regular meeting of May 25, 1971. No corrections [—I Correction as noted below May6rC.iX bf National City, California 5/18/71