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HomeMy WebLinkAbout1971 10-12 CC MIN247 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OP NATIONAL CITY, CALIFORNIA October 12, 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. ROLL CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Deputy City Clerk Fasig, Gerschler, McLean, OnleM Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Pastor Philip A. Larson, Faith Community Church. APPROVAL OP MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of October 5, 1971 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS MOVED BY HOGUE, Hearings 1 and 2 be continued until October 18, City Attorney McLean said he couldn't do that until 8:00 p.m. COUNCILMAN HOGUE said in the near future they should consider opening a roadway off of Harbison just south of Plaza and take it up through the canyon to Reo Drive. Planning Director Gerschler said the City of San Diego has just recently approved a subdivision map for that area and does include an opening of Reo Drive down to the northerly end at Harbison. VICE MAYOR WATERS commented regarding inaccurate reporting by a local newspaper relative to his activities and asked the City Manager to check on the feasibility of putting a speaker in the press box. COUNCILMAN REID asked the City Manager if they could put blacktop on some streets, say from 8th to Plaza on Paradise, before winter starts. City Manager Osburn said they could. COUNCILMAN CAMACHO asked the City Manager to bring a report on streets needing re -surfacing indicating which ones need immediate attenti cn. City Manager Osburn said they were preparing a list now. ORAL COMMUNICATIONS «. None ADOPTION OF RESOLUTIONS MOVED BY CAMACHO, seconded by Waters, the resolutions be read b title. Carried by unanimous vote. RESOLUTION NO. 10,468, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY EMPLOYEES ASSOCIATION." Moved by Hogue, seconded by Camacho, Resolution No. 10,468 be adopted, Motion failed by the following vote, to -wit: Ayes: Camacho, Hogue,, Nays: Reid, Waters, Morgan. RESOLUTION NO. 10,469, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY CHAMBER OF COMMERCE." Moved by Camacho, seconded by Hogue, Resolution 10/12/71 248 No. 10,469,,,b lopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. RESOLUTION NO. 10,470, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETIGN (Comfort Station in Kimball Park, Specification No. 765)." Moved by Camacho, seconded by Reid, Resolution No. 10,470 be aoged, Carried by unanimous vote. RESOLUTION NO. 10,471, "RESOLUTION SUPPORTING CITY OF UPLAND IN OPPOSING ENACTMENT OF ASSEMBLY BILL NO, 2294 WHICH PRESCRIBES FIXED LOT SIZES AND DEVELOPMENT STANDARDS WITHIN MOBILEHCME PARKS." Moved by Waters, seconded by Camacho, Resolution No. 101471 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Abstaining: Reid, RESOLUTION NO. 10,472, "RESOLUTION AUTHORIZING CONSTRUCTION OF 'YIELD RIGHT-OF-WAY' SIGN ON INTERSECT/ON OF WEST 17TH AND COOLIDGE AVENUE." Moved by Camacho, seconded by Waters, Resolution No. 10 4?2 be ado t d. Carried by unanimous vote. RESOLUTION NO, 10,473, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Alley between 'Q' Avenue, 'R' Avenue and 5th Street, 7th Street, Assess- ment District No. 176)." Moved by Reid, seconded by Waters, Resolution No. 10,473 be adopted, Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 10,474, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley between 'Q' Avenue, 'R' Avenue and 5th Street, 7th Street, Assessment District No. 176)." Moved by Camacho, seconded by Reid, Resolution No. 10,474 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan, RESOLUTION NO, 10,475, "RESOLUTION OF INTENTION (Alley between 'Q' Avenue, 'R' Avenue and 5th Street, 7th Street, Assessment District No. 176)." Moved by Waters, seconded by Reid, Resolution No, 10,475 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Nays: None. Abstaining: Morgan. RESOLUTION NO. 10,476, "RESOLUTION ADOPTING ENVIRONMENTAL IMPACT STAT$MENT REGARDING THE CONSTRUCTION OF THE TIDELANDS AVENUE CONNECTION TO ROUTE 54." Moved by Reid, seconded by Camacho, Resolul ti on No. 10, 4?6 be adapted Carried by unanimous vote. RESOLUTION NO. 101477, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (No. Z-88, West Avenue and National Avenue between 16th and 18th Streets, Colonial Ford)." Moved by Waters, seconded by Camacho, Reesolution No. 10I7'7.4be adote pd,, Carried by unanimous vote. �Ir ■ RESOLUTION NO. 10,478, "RESOLUTION APPROVING LOT SPLIT AT 2915 AND 2921 EAST 16TH STREET (John Vondrusk a) ." Moved by Camacho, seconded by Reid, Resolution No. 10,478 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,479, "RESOLUTION WAIVING REQUIREMENTS FOR INSTALLLATION OF ALLEY PAVING AT 1830 ORANGE STREET (Progress Construction Company, Inc. Moved by Hogue, seconded by Camacho, Resolution No. 10,47.2)21.A22191. Carried by unanimous vote. RESOLUTION NO, 10,480, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE. OF ALCOHOLIC BEVERAGES TO THE NATIONAL, CITY EMPLOYEES ASSOCIATION." Moved by Camacho, seconded by Waters, Resolution No. 10,480 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan, 10/12/71 249 INTRODUCTION OF ORDINANCES MOVED BY CAMACF , seconded by Reid, the ordinances have their first reading by title. Carried by unanimous vote. ORDINANCE NO. 1286, "AN ORDINANCE REQUIRING THE PAYMENT OF FEES FOR PARK AND RECREATIONa' City Attorney McLean said prior to introducing Ordinance No. 1286 he would need a Council decision on the schedule of fees. Mayor Morgan said he would like to see $50.00 on singles and $100.00 on multiple units. Moved by Hogue, this be tabled until next week,. Motion died for lack of second. AL BEAUCHAMP, owner of South Bay Apartment Construction Co., was present and said there wasn't enough information given out on what was about to happen tonight. Mayor Morgan said they were thinking about putting fees on every residence unit built in the City for use in developing open space and future parks in National City. Mr. Beau» champ asked why the fee could not be charged to all as it will be a facility everyone will be able to use and not just developers' tenants. Councilman Camacho said new citizens will come in to fill the apartment units and they will use our parks. Mr. Beauchamp suggested a percentage could be added to the phone or electric bill or just a fee of $1.00 a month assessed on everyone in National City rather than penalizing construction. Mayor Morgan said they have no authority to assess gas bills or anything like that. Mr. Beauchamp said they hadn't determined it was legal yet to assess the builder. JOSEPH LATHERS„ 2500 B Avenue, was present and said he felt somewhat as Mr. Al Beauchamp does. Moved by Morgan this ordinance be adopted and use the $5C. DC per unit and including trailers that would come into the City, Motion died for lack of second, Vice Mayor Waters said they should figure someta:ng out to where all the people can get involved because basically, all the people use the parks, Mayor Morgan requested the City Manager to read what Chula Vista charges for single units, duplexes and multiple units. City Manager + sburn said Chula Vista charges fox a single family dwelling, $220.00 per unit; duplexes, $►150000 per unit; multiple family dwellings, $120,00 per unit; mobile homes, $100.00 per unit. City Attorney McLean said this type of ordinance is new to California, and there have been suits filed in various places concerning the legality of these kinds of taxes; State law allows a General Law City to charge a tax for engaging in any kind of business for the purpose of raising revenue and this ordinance would levy a tax for engaging in the business of building dwellings; the tax is measured by the size of the project; .there is no legal barrier today against adopting the ordinance, but that's not to say that at some future day he would be required to tell them that such a tax had been declared unlawful by a court of competent jurisdiction.. There was further discussion. Moved by Reid, $35.00 for apartments and $25.00 for houses be levied. Motion died for lack of second. Mayor Morgan asked the Planning Director when he was going to have something ready for them on this; when an apartment house comes in they require open space, parks, don't build on every foot, and bring it up to where they could live with it. Planning Director Gersc hier said invitations to the special commission have gone out; they will be having their first meeting sometime next week and will report very soon; it certainly will cover those issues. Moved by Hogue, seconded by Waters, thisordinance be dropped and cancel].gd. Motion carried by the following vote, to -wit: Ayes: Camacho, Logue, Waters, Nays: Reid, Morgan. ORDINANCE NO. 1287, "AN OF THE CITY OF NATIONAL ZONE R-1, SINGLE FAMILY DEVELOPMENT ZONE, SOUTH The title was read. HEARINGS ORDINANCE AMENDING ORDTNANCE 962, ZONING ORDINANCE CITY, CALIFORNIA (Zone Change No. ZC-83-71), FROM RESIDENCE ZONE TO C-2-PD, COMMERCIAL PLANNED SIDE OF 12TH STREET, EAST OF HIGHLAND AVENUE) . " The HEARING ON THE INTENT TO VACATE AND CLOSE A PORTION OF 5TH STREET (NORTH HALF BETWEEN R OSE VELT -AND NATIONAL AVENUR4 was held at this time. 10/12/71 250 Deputy City Clerk Fasig said the Certificate of Publication and the Affidavit of Posting were on file. City Manager Osburn said he received a communication Friday too late to get on the agenda from Attorney Leonard S. Sands saying he had been advised a resolution to vacate and close the southerly portion of 5th Street would be heard by the Planning Commission on October 18, 1971; since they were holding this hearing tonight Le requested both hearings be held after the Planning Commission hearing and a recommendation be made to the City Council on both halfs of 5th Street, No one was present in this regard. Moved by Waters, seconded by Hogue, then hear in s be geld over until t c:t be 26 1912 . Carried by unanimous vot eti The CONTINUED HEARING ON THE INTENT TO VACATE AND CLOSE A PORTION OF 5TH STREET (SOUTHERLY 40' BETWEEN NATXONAL AND ROOSEVELT) was hold at this time. No one was present in this regard, Moved by Waters, seconded by Camacho, con inue this he rin until COtobe 1971,- Carried by unanimous vote REPORT OF CITY ATTORNEY . None. APPROVAL. OP BILLS BILLS AUDITED EY THE FINANCE COMMITTEE were presented: General. Fund $ 8,975,69 Traffic Safety 165A.0 Pic 148.24 Retirement 23, 428.84 Sewer f.5,319.Q4 i�+.�we�r�..rrr�w+r 'rot al 48 036., 9, 1 Moved by Camacho, seconded by Rei4r fit ese bi.11s be paid. Carried by the �o�wn.+rrw��• rw following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None REFERRALS (City Attorney McLean left Council Chambers at 8:23 p.m.) A communication from the CITY MANAGER regarding additional parking in the vicinity of the Library and recommendinghe b aWarized o c n a t the South West Masonic T r, • le • r . • a ion to w• rk out an a reem nt for intercharatAtte • atkin • i e area was presented* Noved by Hogue, seconded by Waters, n ecommendation be approved. Carriied by unanimous vote. awwrfawrar. UNFINISHED BUSINESS The request to move a building from 2010 Sweetwater Road to 2503 Sweetwater Road, a communication from the Director of Building 4 Housing recommending the request be granted subject to seven conditions and a communication from the Planning Director recommending the application be approved subject to two conditions were presented. Moved by Hogue, seconded by Reid, the request to movthis but dn• from 2010 wy twa :r Road to2,505 wee wife Read a be ,� _, � or`ov_ed Sri the re ommendat ns a t e P' .a ariin 3 ion d the lann41., Carried by unanimous vote. A transmittal from the PLANNING DIRECTOR stating the Planning C.ommiss io n recommended approval of the conversion of a residential structure to a restaurant at 2956 Grove Street (C.2.A, Special Limited Commergial Zone a. Kenny) subject to eight conditions of staff and a supplemental staff report from the Planning Director (Copy of a communication from the Director of Building & Housing to the applicants, drawings and plans attached to tfte agenda) were presented. Moved by Reid, seconded by Hogue, this be granted with the eight conditions recommended. (City Attorney McLean returned to Council Chambers at 8:26 p.m.) Planning I)irm, for Gerschiesr said his staff 10/12171 251 prepared some design sketches showing what the applicant was apparently willing to do; in his opinion those sketches still represent a residential design; on that basis they recommended the application be denied. Motion and second withdrawn. MR. RAYMOND KENNY, 1803 E. 24th Street, was present and said they would meet all requirements but first needed to know what they were. Moved by Waters, seconded by Reid, the Planner be instructed to come up with what he thinks could possibly be done there to make commercial building and present that report to the Council next week. Planning Director Gerschler said -he hated to duck a chore or an assigned duty but there was a professional problem in his doing building design work; both the State law and professional ethics require this be done by qualified designers or architects. Vice Mayor Waters said what he had in mind was for the Planning Director to give the Council a report as to what was required under National City ordinance and what this man has to do to accomplish it. MRS. KE 4NY, 1803 E. 24th Street, was present and said they don't seem to understand what the Council expects of them; there were eight stipulations that she had to live up to and she was willing to meet all of them. Carried by unanimous vote. A communication from the CITY MANAGER regarding the questionnaire relative to a fee deposit with building permits for park purposes was presented. Ordered filed by unanimous vote. A transmittal from the PLANNING DtR CTOR stating the Planning Commision recommended the application for deferral of curb and gutter at 701 "C" Avenue (Golden West Investments) be denied and the application for deferral of one-half street paving be approved subject to the conditions of staff, a communication from the DIRECTOR OF PARKS & RECREATION listing two alternatives regarding curb, gutter and trees, and a communication from the CITY ENGINEER listing four opinions for consideration were presented. Mayor Morgan said he inspected this and there was only one tree that should be considered cutting down and the rest of them should be kept. Moved by Hogue, seconded by Reid, the application for deferral of curbs and gutters and one-half of the street avin at 701 "C" Avenue be denied. Vice Mayor Waters asked what about the tree, did they intend to replace a tree where this one was being removed. City Manager Osburn said they could certainly replace it. Moved by Morgan, seconded by Waters, the motion be amended they take the one tree out that's right on the curb and the driveway curb and they collect t the money from him for this one tree so that the- could lant it back and leave the other trees there. Amendment to the motion carried by the following vote, to -wit; Ayes: Camacho, Hogue, Waters, Morgan.. Nays: Reid. Motion carried by unanimous vote. NEW BUSINESS An application for a new off sale beer and wine license by NORINE G. and ROBERT J. ARMSTRONG, DBA BOB'S DARI FRESH, northeast corner of Cypress Street and Sweetwater Road was resented. Moved p by Hogue, seconded by Camacho, this be filed.. Carried by the following vote, to --wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. A communication from the DIVISION OF HIGHWAYS stating construction for Route 5/54 Sweetwater River Flood Control Channel Project could start as early as January 1973 and funds for National City's share will be required around January 1, 1972 was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER recommending they be authorized to inform the Redevelopment Agency the City will abandon easements on property north of 24th Street owned by the Great Western Savings & Loan Association, a communication from the Executive Director of the Redevelop- ment Agency and a plat of the area were presented. Moved by Hogue, seconded by Camacho, the recommendation of the City Manager pertaining to authorization to the Redevelopment Agency be approved. Carried by unanimous vote. 10/12/ 71 252 A communication from the CITY MANAGER recommending he be authorized to notify the Chief Administrative Officer, San Diego County, _the City wishes to be included in the population estimate and certification annually and a communication from the San Diego County Chief Administrative Officer were presented. Moved by Reid, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from the PRESIDENT, CHAMBER OF COMMERCE, recommending consideration be given to the installation of four-way stop signs at the 4th and "D" intersection was presented. Moved by Hogue, seconded by Camacho, this item be referred to the Traffic Safety Committee. Carried by unanimous vote. A communication from the PRESIDENT, CHAMBER OF COMMERCE, requesting the City purchase advertisement (sample page attached to the agenda) in the 1972 Yellow Pages Directoryfor National City was presented. Moved by Hogue, seconded by Camacho, the City purchase this advertisement (first full page on inside, $400) in the Chamber of Commerce directory.. Carried by unanimous vote, A communication from the CITY MANAGER giving recommendations regarding the League of California Cities Legislative Bulletin dated October 7, 1971 and a copy of the Legislative Bulletin dated October 7, 1971 were presented. Moved by Morgan, seconded by Waters, the City Manager's recommendations be a roved on the Lea ue of Cal orn i a Cities. Carried by unanimous vote. MAYOR MORGAN suggested at thisr, time they go to "Reports" and then they would listen to reports on 13th Street. REPORTS CITY MANAGER OSBURN said on October 5 they placed copies of the proposed budget on the Council's deskes; he would like their approval or whatever was their pleasure. Moved by Camacho, seconded by Reid, the,y_approve the budget. Carried by unanimous vote. CITY MANAGER OSBURN said sometime ago he mentioned to the City Council the County was In the process of authorizing a portion of the County's gas tax money to be used on streets that are on the Select System and streets that run from one city to another city or to the County; they requested Nati coal City appoint someone familiar with the street work and projects within National City, and he recommended Mr. Donald Newberry (Director of Public Works) be appointed. Moved by Waters, secon e y amac o, a Jaz Manager's recommendation be approved. Carried by unanimous vote. DEPUTY CITY CLERK FASIG reported receipt of a revised Notice of Hearing before the Public Utilities Commission regarding three applications by the San Diego Gas & Electric Co. before the Public Utilities Commission for authority to increase rates and charges for electric service, gas service, steam service, etc. The PLANNING DIRECTOR'S transmittal stating the Planning Commission recommended approval of the location and plans of the drive-thru dairy sales building at 2503 Sweetwater Road subject to ten conditions of staff was presented. Planning Director Gerschler said this was the same case where they just approved a building moving permit; the ordinance also requires that this type of use must have Planning Commission and City Council approval of the development plans, including the plot plans for site improvements. Moved by Hogue, seconded by Reid, they approve the City Planner's recommendation. Carried by unanimous vote. MAYOR MORGAN said he i nteded to appoint Mr. Delbert Cronk, 1335 "J" Avenue, to the Traffic Safety Committee. Moved by Camacho, seconded by Waters, the Mayor's recommendation be approved. Carried by unanimous vote. 10/12/71 253 NEW BUSINESS (continued) (Councilman Hogue left Council Chambers at 8:54 p.m.) A communication from. VINCENT S. CALDWELL, 2502 E. 13th Street, requesting time on the agenda to discuss various aspects of 13th Street and Euclid Avenue was presented. Vicent S. Caldwell, 2502 E. 13th Street, was present and said last week he visited the City Engineering Department where he discussed with Mr. Onley (Civil Engineer Associate) certain aspects of the proposed Euclid Avenueextension and the proposed 13th Street bridge; following this discussion he visited City Manager Osburn who made arrangements for him to be on tonight's agenda, provided him with a copy of the paper on which he made a report at the last Council meeting relative to 14th Street and the 13th Street bridge, etc.; when he went to the City Engineer's Department, it was for the purpose of making himself as knowledgeable on the cost of the Euclid Avenue Extension and the proposed bridge as any member of the Council; he could now say he believed he had that knowledge and it was for all practical purposes nothing; Mr. Onley reported: (a) there were no drawings showing the pro- posed bridge; (b) he did not have a cost estimatq on the bridge but Mr. Osburn did; (c) there were no estimates available with costs relative to the paving of the proposed Euclid Extension; (d) there was no report on the costs relative to preparation before paving (the cut through the land, dirt disposal and so forth) . Mr. Caldwell spoke regarding the cost of the bridge and suggested people who have property west of the proposed bridge take into consideration the possibility if the 13th Street bridge was constructed it may not be funded by gas tax funds but come under one of the improvements acts whereby the property owners bear the costs. Mayor Morgan said that would be impossible, Mr. Caldwell asked the Mayor if he would mind giving these people a certification. Mayor Morgan said he would sign and seal it. Mr. Caldwell went to the board and explai ned his proposal for Euclid Avenue and said if considered, it could save the City well over $150,000. Mayor Morgan stated if there was no one else to speak, a motion to adjourn was in order. A communication from the CITY MANAGER filing four items with the City Clerk (No Council Action Necessary) : (1) Letter from San Diego County Water Authority dated 9/14/71 regarding Long -Range Forecasts of Require- ments for Imported Water Including Forecasts of Demand for Treated Water; (2) Minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District dated 9/7/71; (3) Minutes of the adjourned meeting of the Board of Directors of the South Bay Irrigation District dated 8/24/71; (4) Letter from the San Diego County Water Authority dated 10/1/71, enclosing tabulations showing changes in quantity of water stored in the San Vicente Reservoir as of 9/30/71 and average monthly water deliveries in c.f.s. by the Authority to member agencies for the fiscal year 1970-71 was presented. Moved by Reid, seconded by Cam.acho, the meeting be closed. Carried by unanimous vote. Absent: Hogue. The meeting closed at 9:00 p.m. 7 City Clerk City of National City, Cali •rnia The foregoing minutes were approved by the City Council of National City at the regular meeting of October 19, 1971. No corrections Correction as noted below