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HomeMy WebLinkAbout1971 08-03 CC MIN180 MINUTES OF THE REGULAR MEETING OP THE CITY COUNCIL. OF THE CITY OF NATIONAL CITY, CALIFORNIA August 3, 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. ROLE.. CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan, Absent; None. Administrative officials present; Foster, Gerschler, M Lean, M3nogue, Coburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Mt, Milo P, Wood, MAYOR MORGAN welcomed Mrs. Covets Sweetwater Adult School Government Class, APPROVAL OP MINUTES MOVED BY WATERS, seconded by Camacho, the m,nutes of the. regular meeting of July 27 a,p9 he ad1ourne4 aeeting, of JOir bel4july 28 bu approved. ,19 Carried by unanimous -vote. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO read a letter addressed to Mr. Gerechier dated July 26, 1971 from Donald F. Johnson, Planning Director City of Alameda, California, stating their experiences with shipwrecking businesses and advising National City to refuse this type of operation, COUNCILMAN C,AMMACHfO read a letter from William D. Weed (in regard to the problem on Euclid Ave.) saying they were concerned over the negative attitude and treatment they had been accorded in this matter and were requesting this matter be brought to a head and to receive a written reply within ten days. Councilman Camacho said he would like to direct Mr. Osburn to answer this letter on behalf of the Council stating this was in litigation, City Manager Osburn said he would be happy to; they received the letter from the attorney on the 20th and he now has an answer for them; they researched 805 back to when it was Highway 241 and tried to bring the entire freeway up to date along with the agree- ments of the County and so forth; the Attorney has checked his letter and he will mail it tomorrow to the attorney, Mr„ Wood. VICE MAYOR WATERS asked the City Manager to bring back a report when Cable TV will be allowed in the City. City Manager Osburn said the Cable TV people are looking for a favorable ruling by the PCC; he under- stood they have approached some of our people telling there would be engineers in the area in the not too distant future to commence preparation for plans when and if it is approved. Vice Mayor Waters asked the City Manager to bring anything he hears on this to the Council. VICE MAYOR WATERS said they received a letter from William H, Murphy, 2509 East 13th Street, dated July 27, 1971, asking if when the City burned their lot did the Fire Department report they burned his fence or did they just pass, it on without bringing a report on it,, City Ma*ager Coburn said the tire was apparently set by a child who was visiting someone in the particular area; he just received a report back from the Fire Department on the item today, Vice Mayor Waters inquired if Mr, William Murphy was informed of this. City Manager Osburn replied not yet as he just got the report back this afternoon; it will be On the agenda next week. VICE MAYOR WATERS said on the salary survey, he knew they tied up City staff to bring these salary survey people back again to interview the 8/3/71 181 select few that had problems; as soon as the Council gets a copy of this next week a copy of this salary survey, the final recommendation of this group,it should go to the heads of the Associations, VICE MAYOR WATERS asked the City Manager how long he was going to wait until he appointed the Public Works Director; they have had the results of those examinations quite a while now. City Manager Osburn said he was going to try to interview them this week. VICE MAYOR WATERS said he was interested In how the Council gets lafor-, mation; he read in the local paper that there was a meeting somewhere, but when important things come up like this he thought there must be some way, maybe just write a little note on a piece of paper saying there will be a meeting on such and such and do you care to go or r on ' t you. City Manager Osburn sand he read in Sunday's paper that he was going to the meeting and that was the first time he knew of it; he didn't know how it got in there nor anything about it. COUNCILMAN REID said he asked the City Manager to come back with a recommendation in regard to items on the Agenda. City Manager Osburn said the only way they could handle this particular situation was to change the ordinance; the ordinance now says for the Planning Ceimmission to make a recommendation to the City Council; this was the only way they could handle it now and stay within. 962, their present ordinance. Councilman Reid said he wanted this brought up in clear, plain English and he wanted the City Manager and City Attorney to work this out, COUNCILMAN HOGUE said he was a grandfather again although it wasn't his birthday this time; his daughter and his son-in-law had a 7 lb. 5 oz. girl whose name is Wilma Jean. MAYOR MORGAN said in regard to the opening on the Appeals Board and the recommendation of the Director of Bui idi ng ; Al Beauchamp has been contacted and will be happy to serve and will carry his duties under the rules of the Board. Moved by Waters, seconded by Camacho, Mr,,,,�Alr B ash of Manchester National Ci t be inted to the eals Board. Carried by unanimous vote* MAYOR MORGAN said they had a note from the Manager about the Supervisor- ial Districts; when they got this notice that they were supposed to be in the meeting, the Chamber was invited and the Legislative Affairs people from the Chamber; the Chamber, Manager and he had a meeting; they had a letter from Mr. Bear wanting them to reconsider their stand on the South Bay Supervisorial District from No. 07; the Chamber and Mr. Lee of the Legislative Affairs representing the Chamber informed them that under no circumstances would they change from No. 07 to another plan because this plan was almost exactly like the one that was presented to the Board of Supervisors in 1967; they are going to stand firm on i t ; he thought the Council had made it ver y clear t hat they were going to stand firm to have a South Bay Supervisor. ORAL COMMUNICATIONS •• None. ADOPTION OF RESOLUTIONS MOVED BY CAMACHO, seconded by Reid, the resolut ons be read b title. Carried by unanimous vote. RESOLUTION NOS 10,410, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Charles Dewey and Rita Carol Sims, 13th and Euclid)." Moved by Camacho, seconded by Reid, Resolution_ Now 1D „416 ae adopted. Carried by unani- mousliiirli I����w�� mous vote. RESOLUTION NO. 10,417, "RESOLUTION ACCEPTING CONVEYANCE OF REAL. PROPERTY (Plaza Manor Associates, North of Plaza East of Euclid)." Moved by Waters, seconded by Camacho, Resolution No. la 417 be a ted. Carried by unanimous vote. 8/3/71 182 RESOLUTION NO. 10,418, "RESOLUTION ACCEPTING ENCROACHMENT RE OVAL AGREEMENT (Shell Oil Company)." Moved by Reid, seconded by Waters, Resolution No., 10,418 be adopted.. Carried by unanimous vote. RESOLUTION NO. 10,419, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF BEER TO NATIONAL CITY LIONS CLUB." (Communication from Joe M. Gill stating the boxing event scheduled for August 2 has to be re -scheduled to August 16 and requesting permission to use Kimball Park on that date attached to agenda.) Moved by Camacho seconded by Waters, Resolution No. 10,419 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. RESOLUTION NO. 10,420, "RESOLUTION REJECTING BID." Moved by Hogue, seconded by Camacho, Resolution No. 10,420 be adopted,. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1276, "AN ORDINANCE AMEND/NG ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY TO ALLOW RETAIL GUN SHOPS WITHIN THE GENERAL AND WHOLESALE COMMERCIAL ZONES," was presented for second reading. Moved by Camacho, seconded by Hogue, the ordinance be read by title, Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Ordian.bled2plesl. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN reported an unsafe building at 106 E. 17th Street; the Building Department has tried for a year or two to obtain voluntary cooperation from the owner and the owner indicated he was going to tear the building down but the owner has apparently disappeared and nothing was happening; the building is a hazard to the public; he recommended they institute legal proceedings to tear the building down at 106 E. 17th Street. Moved by Hogue, seconded by Reid, the City Attorney's recommendation of tearing down the building at 106 . E. 17th Street be approved. Carried by unanimous vote. CITY ATTORNEY McLEAN said there was a property at 630 E. 5th Street in which the owner has blocked access to the required off street parking with a masonry wall; the Planning Commission referred the matter of compliance to him; apparently voluntary compliance cannot be achieved; he recommended they institute appropriate legal proceedings against the owner of the property at 630 E. 5th Street to force compliance with the zoning law. Moved by Hogue, seconded by Camacho, the City Attorney's recommended be approved they issue the proper steps to remove the wall at 630 E. 5th Street. Carried by unanimous vote. CITY ATTORNEY McLEAN said they were in San Mateo now pursuing their acquisition of the local water company; they were still on schedule and he hoped to go to trial by October 18. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $10,297.51 Traffic Safety 1,142.86 Park 354.30 Gas Tax 2106 2,100.00 Sewer 2,761,55 Total $16,656.22 Moved by Camacho, ho,, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan, Nays: None 8/3/71 183 REFERRALS The report of the COMMUNITY DEVELOPMENT COORDINATOR in regard to the Park & Recreation Advisory Board recommendations concerning 2.4 acres of land in Sweetwater Heights and the proposed multi -purpose gym in Las Palmas Park was presented. Mayor Morgan asked the City Manager to look into this to see if there was any way they could buy this on a lease agi:eement and if there is bring it back; keep working on this. NEW BUSINESS The request of the SAN DIEGO POLICE ATHLETIC FEDERATION to use the Municipal Swimming Pool September 9, 10 and 11, 1972, for the 6th Annual Police Olympics was presented. Moved by Camacho, seconded by Reid, this request be granted. There was discussion. Raymond Duke, 1414 "K" Avenue was present and said maybe this letter came in on the wrong letterhead; the Police Olympics was inter -competition type thing with police officers throughout the State; their local Association was part of the sponsoring organization; it was not a money -making thing and strictly an amateur type situation; he would appreciate any consider- ation given. Moved by Hogue, seconded by Reid, the motion be amended that no char a be made for use of this aol. There was further dis- cussion. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. Motion carried by the following votes to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. HEARINGS The HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 962 TO CREATE AN M-H,, HEAVY INDUSTRIAL ZONE, AND ADD PROCEDURAL REGULATIONS FOR CONDITIONAL USE PERMITS was held at this time,. City Clerk Minogue stated the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. Planning Director Gerschler said the Planning Commission recommended approval of this amendment to the City Zoning Code; this new M-H Zone would be exactly the same as their existing M.4 Zone with one new provision: in addition to the uses now allowed in the M-4 Zones scrap metal processing would be allowed as a use subject to the approval of a Conditional Use Permit; the effect would be simply to amend the Code and would have no direct bearing on any particular property until the zone change was initiated. No one was present in this regard. Moved by Camacho, seconded by Morgan, the hearing be closed and the proper authorities be notified to carry this on to its entirety. Councilman Hogue said Scrap Disposal has been asking to have Harrison Avenue closed; if they close Harrison Avenue and allow them to have it would that be included in this package. Planning Director Gerschler said he thought that would be appropriate to take up at the time of the Conditional Use Permit; they have advised the Council that when and if a Conditional Use Permit was filed they will also recommend at that time that appropriate disposition be made of that portion of Harrison Avenue; he thought this should properly come up later. There was discussion. William Ward, 530 B Street, San Diego, one of the attorneys for Scrap Disposal, was present and said he had an opportunity to review the proposed ordinance and had a couple comments he would like to make; he realized this was a problem this body has considered on many occasions and which was still unresolved; speaking from the point of view of what effect this would have on resolving the problem, he thought it would have none; the ordinance itself, if applied with an uneven hand, because of its absolute lack of guidelines would put it within the authority of a governmental body to eradicate from this community a thriving industry and to cost the jobs of those men who are employed in it; after reading the legislation he saw nothing in it that spells out what the requirements are that they would ask the owner of the property to meet. Moved by Hogue, seconded by Waters, this ism be tabled until these people could get together with the City until the next regularly scheduled meeting. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. Mayor Morgan said Mr. Ward had been attorney for Scrap for sometime and asked 8/3/71 184 why it was they hadn't done the things, (build walls around the place and hide it; they stack their material up so high and all of these things; they build in the middle of the street before they ask to close it; he thought it should be closed) why he would the attorney let them do that as their representative. Mr. Ward said the Mayor had asked him several questions at once and in one of the questions he assumed that things that have occurred were as a result of advice he had given; he didn't think that was fair; more important, the main thing was why hadn't the demands of the City not been met; two reasons, first, he didn't think they were sure what the City wanted; secondly, they were not sure what the City would do to them even if they meet them; that was why he thought the Council acted wisely in giving them an oppor- tunity to work it out. There was discussion. Mayor Morgan advised Mr. Ward to get in touch with Mr. Gerschler and he will work this out but he didn't want Scrap Disposal to send their attorney down here and talk the Planning Director out of anything. Planning Director Gerschler suggested they take the same action on Item 5 ("Hearing on proposed Zone Change ZC-81-71 to reclassify to. Zone M-H, Heavy Industrial, an area west of Cleveland Avenue and north of 17th Street. Certificate of Publication on file. Planning Commission recommendation attached to agenda.") to continue it. Moved by Waters, seconded by Camacho, they table Item 5 until the next regularly scheduled meeting at 8:00 in the evening Carried by unanimous vote. The HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 962 FOR HEIGHT REGULATION COMBINING ZONE was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. Plann- ing Director Gerschler said the Planning Commission recommended that the Zoning Ordinance be amended to add new regulations providing for height overlay zoning regulations; this was the outgrowth of a study started some months ago for the area east of Harbison Avenue and an interim ordinance was adopted to limit the heights of new structures within that area; that interim zoning ordinance will expire as it only has a limited life; this would take its place and provide a permanent method of attaching whatever height limit the Council felt was desir- able for that district; that zone change hearing will be before the Council he thought in two more weeks. No one was present in this regard. Moved by Waters, seconded by Camacho, the hearing on the proposed amendment to Zoning Ordinance No. 962 for Height Regulation Combi ni nr, Zone be approved and all stipulations of staff be adhered to. Carried by unanimous vote. The HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 962 TO PROVIDE THAT ONE NON -CONFORMING USE MAY REPLACE ANOTHER NON -CONFORMING USE PURSUANT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT was held at this time. City Clerk Minogue said the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. Planning Director Gerschler said the Planning Commission recommendation that the Code be amended to add these new provisions allowing the conversion of non -conforming uses; this was the outgrowth of a problem in Phase II of the Redevelopment area; the problem there would have resulted in a building remaining empty until the second phase was actually funded; upon recommendation of the Redevelopment Director, the Planning Commission initiated these hearings; this rule could be used for other properties in other locations but would require City Council approval in each case; that's why they use the Conditional Use Permit method; if the Council, for example, felt that in a certain case it was undesirable to allow this conversion then the permit could be denied. No one was present in this regard. Moved by Hogue, seconded by Camacho, the hearing be closed and the recommendation of the Plann- ing Commission and the City Planner be approved and this be referred to the proper authorities ~ for further processing. Carried by unanimous vote. 8/3/71 185 The HEARING ON PROPOSED ZONE CHANGE ZC-»80-►71 TO RECLASSIFY FROM AN R-2, TWO-FAMILY RESIDENCE ZONE, TO A C-2-PD, LIMITED COMMERCIAL PLANNED DEVELOPMENT ZONE, ON CERTAIN TERRITORY LOCATED ADJACENT TO 2321 6TH STREET was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. Planning Director Gerschler said the Planning Commission recommended this zone change be approved; the City Council recently approved plans for the construction of a new medical facility on the west side of Euclid Avenue across from Paradise Hospital; in approving thoseplans it was found that the project did not have enough off street parking; the developers then acquired property for off street parking; that property is the subject of this zone change; this C-2-PD Zoning would then allow them to use it for off street parking subject to the approval of a development plan; they would intend in that development plan to require the lot be used only for the pur- pose of providing parking to serve the medical building. No one was present in this regard. Moved by Waters, seconded by Camacho, the Zone Change ZC-80--71 at 2321 6th Street be approved. Carried by unanimous vote. NEW BUSINESS A communication from COUNCILMAN BAILEY OF LA MESA (Chairman, CPO Policy Committee) reporting on the progress of the SANCOG Bill (AB 3050) and requesting continued support of SANCOG was presented. Ordered filed by unanimous vote. A communication from the CITY OP CHULA VISTA enclosing Chula Vista Resolution No. 6130 (attachment) urging the Board of Supervisors to consider adopting legislation prohibiting disposable containers and imposing sufficient deposit requirements on returnable containers to provide an incentive to eliminate this major problem of solid waste disposal was presented. Ordered filed by unanimous vote. The request of the FIESTA CLUB, ORDER OF THE EASTERN STAR, for a "no fee" permit to hold a rummage sale August 5, 6, and 7 at 15 W. 9th Street, report of the Business License Clerk and the License Collector's recommendation the request be granted were presented. Moved by Camacho, seconded by Reid, this request be granted. Carried by unanimous vote. The request of MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC. to conduct an annual campaign November and December 1971, the Business License Clerk's report and the License Collector's recommendation the request be granted were presented. Moved by Reid, seconded by Camacho, this request be granted. Carried by unanimous vote. rrrrrr� i r nm ririrrrr� The minutes of the regular meeting of the CIVIL SERVICE COMMISSION of July 21, 1971 were presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER filing seven items with the City Clerk (No Council, Action Necessary): (1) Letter from the San Diego County Water Authority dated July 1, 1971 enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of June 30, 1971, and average monthly water deliveries in c.f.s, by Authority to member agencies for fiscal year 1970-71; (2) Minutes of the regular meeting of the Board of Directors of the South Bay Irri- gation District dated June 1, 1971; (3) Certificate of Insurance from Parks & Company, 3580 Fifth Avenue, San Diego, insuring Teddy Bradt dba Aaron Ambulance Service, 222 Plaza St., Policy Nos, CV 31-60-42 and XEL, 038.069; (4) Minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District dated July 6, 1971; (5) Minutes of the Quarterly meeting of the Water Agencies Association of San Diego County held on Friday, April 30, 1971; (6) Minutes of the regular meeting of the Board of Directors of the San Diego County Water Authority dated June 10, 1971; (7) Letter from San Diego County Water Authority dated June 30, 1971 reporting Authority operations for the 8/3/71 186 month of June, 1971, was presented.. REPORTS CITY MANAGER OSBURN recommended they hold a closed oral examination for the position of Chief of Police; they presently have three men eligible to take this examination; he questioned each one and they assured him they are interested in taking the examination at this time; his inten- tion was to form an oral board of two police chiefs and one city manager. Moved by Camacho, seconded by Reid, the City Maser 4 s, recommendation be approved, There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. CITY CLERK MINOGUE reported receipt of a communication from the National Citizens Committee for Revenue Sharing acknowledging receipt of Nat ,onal City's resolution which was on file. PLANNING DIRECTOR GERSCi LER presented a review of the tentative site plan for Inter -City Manor, 2000-2100 Block of L Avenue, east side, Whittington & Ramm, an 80--unit apartment complex and said unless the City Council had some other wish this matter could be filed. Ordered filed by unanimous vote. An application for Zone Variance No. Z-86, reduction in rear yard setback from the required 25' to 6' at No. 2 Lanoitan Avenue, was pre- sented. City Clerk Minogue stated this would be on the Council agenda for August 24 for Council consideration CHARLES RAMM, associated with Frank Whittington, 640 Floyd Avenue, Chula Vista, was present and inquired what it meant it would be filed. Mx. Gerschler said he could come in for a building permit tomorrow morning. The application for deferral of curb, gutter and sidewalk at 2441 M Avenue, approved by the Planning Commission subject to two conditions of staff, was presented. Moved by Camacho, seconded by Hogue, the recommendation of the Planning Director and the Plannin9 Commission be approved subject to the conditions of staff. Carried by unanimous vote. The proposed lot split at 1936 La Siesta Way 1935 and 1937 Lanoitan Avenue, approved by the Planning Commission subject to four conditions was presented. Moved by Hogue, seconded by Waters, Ihg lot sell:t at 1936 La Siesta Way be approved,,. Carried by unanimous vote. The proposed lot split in the 3100 Block of E. 20th and E. 19th Streets, Lots 346 and 347, Lincoln Acres Annex No. 2, approved by the Planning Commission subject to five conditions was presented. Moved by Waters, seconded by Reid, the . lot split in the 3100 Block of E. 20th and E. 19th Streets be approved. Carried by unanimous vote. The proposed lot split at 2746 E. 16th Street, vacant lot on 17th Street, approved by the Planning Commission subject to three conditions, was presented. Moved by Hogue, seconded by Reid, the lot spirt at 2746 E. 16th Street with the three conditions bg approved. Carried by unanimous vote. Moved by Camacho, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:37 p.m. City Cler City of Natina1. CitCalifornia 8/3/71 187 The foregoing minutes were approved by the City Council of National City at the regular meeting of August 10, 1971, No corrections Correction as noted below Mayor, Cof National. City, California