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HomeMy WebLinkAbout1971 12-28 CC MIN27 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 28, 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, Reid, Waters, Morgan. Absent: Hogue. Administrative officials present: Gerschler, Minogue, Civil Engineer Associate Onley, 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 Father H.W. Figgess, St, Matthew's Episcopal Church. APPROVAL OF MINUTES► CITY CLERK MINOGUE recommended approval of the minutes of the regular meeting of December 21, 1971 be laid over until January 4. Moved by Camacho, seconded by Reid, the minutes of the regular meetin of December 31, 1971 be deferred to Januar 4 1972. Carried by unanimous vote. Absent: Hogue. COUNCIL COMMUNICATIONS VICE MAYOR WATERS objected to a Star -News item, dated December 19, regard- ing Grand Jury action on the 13th Street project and stated he felt the newspaper item was not correct. MAYOR MORGAN said a person brought in a plan to build a house on R»4-PD property; he suggested they get it on the Planning Commission agenda as soon as possible. Planning Director Gerschler said it will be scheduled for the next meeting of the Planning Commission.. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by title. Carried by unanimous vote, Absent: Hogue. * RESOLUTION NO, 10,530/"RpSOLUTION AUTHORIZING EXECUTION OF 5TH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR SERRA REGIONAL LIBRARY SYSTEM." Moved by Camacho, seconded by Reid, Resolution No. 10,536 be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 10,537, ("Resolution Accepting Conveyance of Real Property - Howard L. and Gertrude Morrison"). Moved by Waters, seconded by Camacho, Resolution No. 10,537 be laid over until the next regularly scheduled meeting,. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 10,538, "RESOLUTION DIRECTING EXECUTION OF REQUEST FOR RECONVEYANCE (E.T. Maloney and Priscilla L. Maloney) ." Moved by Camacho, seconded by Reid, Resolution No. 10,538 be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 10,539, ("Resolution Accepting Covenant Running with the Land and Directing the Recording Thereof - Lee J. Morgan") . City Manager Osburn said they would not need this resolution as they have a 1911 Act 12/28/71 *Resolution No. corrected at meeting of 1/11/72 to read "10, 536B" . 28 petition. Ordered filed by unanimous vote. Absent: Hogue. RESOLUTION NO„ 10,540, "RESOLUTION RE ENFORCEMENT OF LAWS RELATING TO VEHICULAR EMISSIONS,' Moved by Reid, seconded by Camacho, Resolution No. 10,540 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: None, Abstaining: Morgan. Absent: Hogue. RESOLUTION NO. 10,541, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF," Moved by Reid, seconded by Camacho, Resolution No. 10,,541 be adopted. Carried by unanimous vote. Absent: Hogue, INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Waters, the ordinances have their first reading by title. Carried by unanimous vote. Absent: Hogue. ORDINANCE NO, 1294, "An Ordinance Amending Ordinance No,.. 1138 Pertaining to the Business of Tattooing". ORDINANCE NO. 1295, "An Ordinance Repealing Ordinances 243, 363, 380, 851, 1260 and Establishing Regulations for the Installation and Removal of Sidewalks, Curbs and/or Gutters and Providing for Builders to be Licensed, Permits and Inspections upon Any Public Street or Alley within the City of National City and Proviei-g Authorization for Encroachment in Public Rights -of -Way and Prov d: . g for Penalties for Violations Thereof". ORDINANCE NO. 1296, "An Ordinance Amending Ordinance No. 962, Zoning Ordi- nance of the City of National City, California (Zone Change ZC-86-71 to Establish A Height Regulation Combining Zone on All CM24PD and R--4-PD Properties East of Harbison Avenue between Division and 16th Streets." ADOPTION OF ORDINANCES ORDINANCE NO. 1293, "An Emergency Interim Zoning Ordinance Establishing Standards for the Installation and Maintenance of Driveways and Parking Lots," was presented for second reading. Moved by Camacho, seconded by Waters, the second reading of Ordinance No. 1293 be by title. Carried by unanimous vote. Absent: Hogue. The title was read. Moved by Camacho, seconded by Waters, Ordinance No. 1293 be adopted. Motion failed by the following vote, to -wit: Ayes: Camacho, Waters, Nays: Reid, Morgan. Absent: Hogue. REPORT OP CITY ATTORNEY None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMXTTEE were presented: General Fund $ 8,521.91 Traffic Safety 2,330.46 Park 365.98 Special Street 10,100.00 Sewer 88.70 Total $21,407.05 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: None. Absent: Hogue. UNFINISHED BUSINESS A communication from the SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION regarding Assembly Bill No. 1675, establishing certain fees for filing and processing statements or maps which must be filed with the State Board of 12/28/71 29 Equalization, was presented. City Manager Osburn recommended the City prepare an ordinance that would require the person initiating the annexa- tion to pay the charges; in case of annexation or detachments from cities, it was $40 plus 500 an acre. Moved by Camacho, seconded by Reid,, the City Manager's recommendation be approved they establish an ordinance for filing and processing statements or maps which must be filed. Carried by unanimous vote. Absent: Hogue. NEW BUSINESS A communication from the NATIONAL SCHOOL. DISTRICT s t at i tag the San Diego County Board of Education reversed its tentative decision for single unification plan for the Sweetwater Union High School District area and proposed a three -district plan was presented. Ordered filed by unanimous vote. Absent: Hogue. A protest from BEN DE QUIROZ, 2939 Plaza Boulevard, regarding denial of request for Zone Variance Z-89-71 and requesting a hearing, and the recom- mendation of the PLANNING COMMISSION the application for Zone Variance Z- 89-71 for reduction in the rear yard setback from 25' to 191/2' at 2939 Plaza Boulevard be denied were presented. Mayor Morgan said Mr. De Quiroz was asking for a hearing before the City Council. MR. BEN DE QUXROZ, 2939 Plaza Boulevard, was present and said he was protesting the decision of the Planning Commission and the recommendation of the Planning Depart ment; he was not requesting to build a patio as the patio was there and built with Planning Commission permission; he wanted only to enclose it. There was discussion. Moved by Camacho, seconded by Waters, they have a ublic hearin Januar 4 8:00 .m. to hear Mr. De uiroz's rotest. Carried by unanimous vote. Absent: Hogue. A communication from HENRY A. BONEY regarding the Sweetwater Regional Park Master Plan Study was presented. Ordered filed by unanimous vote. Absent: Hogue. A communication from the CITY MANAGER regarding the improvement of the alley in Block 239 and 240 between 16th and 18th and McKinley and Cleveland and a petition, were presented. Moved by Waters, seconded by Camacho, Item 4 be referred back to staff for processing. Carried by the following vote, to - wit:�i�Yl��rl� II�iiI1A��liO� wit: Ayes: Camacho, Reid, Waters. Nays: None. Abstaining: Morgan. Absent: Hogue. A communication from the CHULA VISTA CHAMBER OF COMMERCE urging all interested agencies to try to preserve the rural and recreational character of the Sweetwater Valley, including the Bonita Golf Course, was presented Ordered filed by unanimous vote. Absent: Hogue. A communication from the CITY OF POMONA extending an invitation to attend the Annual Membership Meeting of the US/Mexico Sister City Association, was presented. Mayor Morgan recommended Mr, & Mrs. Ruben Rubio be authorized to attend if they so desire. Moved by Camacho„ seconded by Waters, the a ors m 1 recom Mendation be a roved., Carried by unanimous vote. Absent: Hogue. A communication from the NATIONAL CITY SERVICEMEN'S CENTER, INC. thanking the City for their generous donation was presented. Ordered filed by unanimous vote. Absent: Hogue. The minutes of the regular meeting of the NATIONAL CITY CIVIL SERVICE COMMISSION on December 15, 1971, were presented. Ordered filed by unanimous vote. Absent: Hogue. The request of FIRE CHIEF BACON to fill the temporary acting position of Captain was presented. Moved by Camacho, seconded by Reid, they authorize the request from Fire Chief Bacon to fill this to rarL actinc, osit 7onn of Captain. Carried by unanimous vote. Absent: Hogue. 12/28/71 30 A communication from the DIRECTOR, PARK & RECREATION DEPARTMENT, in regard to the Street Tree Committee recommendation relative to root pruning and the recommendation were presented. Moved by Waters, the Director's of Parks & Recreation recommendation be approved regarding root pruning. Motion died for lack of second. City Manager Osburn said he thought the main thing they were trying to get over here was that there was some danger in root pruning older trees since it may cause them to fall over; they should establish the authority that the Council or the City Manager directs them to do this. Moved by Reid, seconded by Morgan, the City ,Manager .look into the cost of the machine and put out the information as to who was responsible for these hings. Carried by unanimous vote. Absent: Hogue. A communication from the DIRECTOR, PARK & RECREATION DEPARTMENT, regarding subterranean irrigation at El Toyon Park,. was presented. City Manager Osburn said this was approved once for $600 but they now find the additional material for outfield, etc. will run about $1,600 instead of the original $600; he would recommend this be accomplished as soon as possible. Moved by Camacho,, seconded by Waters, the City Manager's recommendation be Approved that this irri anon at El To on Park be cam leted. There was discussion,. Councilman Reid asked about the status of the repairs to the swimming pool. City Manager Osburn said they should be out to bid within the next couple weeks; the Health Department approved their plans and there have been minor changes; they hope to work on it sometime in January or early February. Carried by the following vote, to-wi t : Ayes: Camacho, Waters, Morgan. Nays: Reid. Absent: Hogue A communication from the CITY MANAGER filing three items with the City Clerk (No City Council action necessary) : (1) Minutes of the regular meeting of the Board of Directors, San Diego County Water Authority, dated Nov. 11, 1971; (2) Letter from the San Diego County Water Authority dated Nova 30, 1971 reporting Authority operations for the month of November 1971; (3) Audit of the National Justice Court, 7/1/70 to 6/30/71, was presented. REPORTS CITY MANAGER OSBURN reported receipt of a letter from Ring Manufacturing Co. regarding one-half of a two acre parcel they purchased from the City some years back (or through another person who purchased it from the City): he requested a meeting of the Real Estate Committee. Mayor Morgan said he would like to call a meeting in the conference room for Monday (Jan. 3) , 4:00 p.m. Moved by Camacho, seconded by Reid, the Mayor's recammendat ion be approved, Carried by unanimous vote. Absent: Hogue. rir..ri � r+ rrrw.�r CITY MANAGER OSBURN said about three weeks ago the Council directed the City Engineer and him to meet with Mr. Penick, the contractor on a 1911 Act on "F" Avenue; they met with Mr. Penick and upon completion of their conference, they discussed it with the City Attorney; the City Attorney said they had to follow the State law as it was set up regarding protests in 1911 Acts; the next step was for the City Engineer to look at the work and make a recommendation; the following is the City Engineer's recommen- dation, written December 22: "In my opinion the work done on the driveway was done in a satisfactory manner and no further work should be required of the Contractor. Harold C. Foster, City Engineer." There was discussion:. Vice Mayor Waters said under a 1911 Act it appears they were not responsi- ble for the clean up; if we make a mess or, damage something (as was claimed) we don't have to be concerned about that. City Manager Osburn said if the Engineer of Work feels it was bad enough, he could require the contractor to go back in and take care of it; he doesn't feel there's anything there that would require the contractor to go back in. Councilman Reid asked if he felt the City had no responsibility. City Manager Osburn said in the opinion of the Engineer the City has no responsibility* CITY CLERK MItWUE reported receipt of a communication from the San Diego Unified Port District regarding an adopted resolution urging continued 12/28/71 31 uninterrupted effort be made leading to the creation of a second entrance to the San Diego Bay and a copy of the resolution. Moved by Reid, seconded by Waters, this Council 90 on record adopting a resolution supporting our San Diego Port Authority on a second entrance to the bar,. Carried by unanimous vote. Absent: Hogue,' A copy of a communication from the PLANNING DIRECTOR to F.H, Trull, Planning Director, Port of San Diego, regarding input for the Chula Vista/ Port District Land Use Study was presented. Planning Director Gerschler said this reflected the Planning Commission's recommendation to the Port District regarding the Chula Vista Bay Front Study. Moved by Reid, seconded by Camacho, the o on record supportingwhat their Plann in Commission came up with, and they send a letter, resolution, or something. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: Morgan, Absent: Hogue. The PLANNING COMMISSION recommendati cn for approval of plans for a proposed two -car garage at the rear of 3015 "B" Avenue with stipulations and recommendations of staff (Hetrick) was presented. Planning Director Gerschler said this was a request for approval of plans for a two -car garage at a residence in the C-4 Zone; the Code requires City approval of all plans for such buildings. Moved by Waters, seconded by Reid, the Planning Commission's and the Plannin Director's recommendation for a two -car garage at 3015 "B" Avei be approved. Carried by unanimous vote. Absent: r ��rn..r�arlrrr Hogue. The PLANNING COMMISSION recommendation that an application for exemption from the installation of a sidewalk at 1318 "K" Avenue be denied and deferral of the installation of gutter be approved subject to the condition of staff (Harold J. and Jeanece Varndell) was presented. MRS. JEANBCE VARNDBLL, 1318 "K" Avenue, and MR. MICHAEL BIANCHI, building contractor, 1950 w 5th Avenue, San Diego, were present. Mrs. Varndell said they were building a sizable addition to their home and didn't feel they wanted to go into further debt by putting sidewalks in; there are no sidewalks on this block in what is actually a 2-block long area; she couldn't see that it would be an improvement to their property or to the City at all. Vice Mayor Waters inquired about the City Engineer's recommendation. Planning Director Gerschler stated the City Engineer said, "We foresee no hazard in the construction of sidewalks contiguous to the curb adjacent to the subject parcel." There was discussion. Councilman Reid inquired about a covenant running with the land in that there would be no ofjections if sidewalks went in for the whole neighborhood. Mr, Bianchi said the addition they were putting on their home was necessary for the space; he thought it would be much better for the homeowner and the City if they could bring in one contractor who could do all the sidewalks. Planning Director Gerschler s ai d a covenant running with the land was just a promise they wouldn't object to a 1911 Act if the neighbors decided to go ahead. Moved by Morgan, seconded by Reid, the authorize a covenant runnin with the land on this 1318 "K" Avenue. Carried by unanimous vote. Absent: Hogue. The PLANNING COMMISSION recommendation for approval of the deferral of gutter installation at 1907 Palm Avenue subject to the condition listed by staff (Heriberto and Julieta Camacho) was presented, Planning Director Gerschler said the approval of deferral of gutter installation was recom- mended by the. City Engineer and the Planning Commission. Moved by Waters, seconded by Reid, the Planning Commission's recommendation be approved for approval of deferral of gutter installation at 1907 Palm Avenue. Carried by the following vote, to -wit: Ayes: Reid, Waters, Morgan. Abstaining: Camacho. Absent: Hogue. The PLANNING COMMISSION recommendation of amendment to Resolution No. 8808 granting a C-2-PD, Limited Commercial Planned Development Permit, Standard Oil Co. Service Station, northwest corner of Division Street and Euclid Avenue, subject to two conditions of staff was presented. Planning Director Gerschler said the Standard Oil or Chevron Station was in the process of 12/28/71 32 completing a re -modeling project that was being done on all of their stations t hrought out the area; they desire to change the type of sign they are now using; they will remove two existing poles now on the property and replace them with one new type of pole sign located in the corner of the area; it has been approved by all of the departments and recommended by the Planning Commission as submitted. Moved by Waters, seconded by Reid, the recommen- dation of the Plannin Commission of an amendment to Resolution No. 8808 irantin9 C-2-PD4 b a roved sub 'ect to the two conditions of staff„ Carried by unanimous vote. Absent: Hogue. The PLANNING COMMISSION recommendation in favor of granting a deferral of curb, gutter and sidewalk on La Siesta Way at 2231 Lanoitan Avenue subject to the condition of staff (Carl D. and Leona M. Silva) was presented. Moved by Camacho, seconded by Reid, the Plannin Commission's recommendation be approved in favor of granting deferrals of curbs, gutters and sidewalks on La Siesta Wa at 2231 Lanoitan Avenue subject to staff's conditions. Carried by unanimous vote. Absent: Hogue. The PLANNING COMMISSION recommendation the application for deferral of curb and sidewalk at the southeast corner of 19th Street and Haffley Avenue (D. A. N. Company) be denied was presented. Planning Director Gerschler said this involves a request for deferral of curb, gutter, sidewalk and street improvements at the southeast corner of 19th Street and Haffley Avenue by the D. A. N. Company; he would call their attention to remarks made on the transmittal in this case involving adjoining properties; the Commission felt the time has probably come for encouraging street improve- ments throughout that immediate neighborhood. Moved by Waters, seconded by Reid, the recommendation of the Planni n Commission be a roved that the application for deferral of curb and sidewalks at the southeast corner of 19th Street be denied. Carried by unanimous vote. Absent Hogue. Moved by Reid, seconded by Camacho, thp_mee_sci_.oseile Carried by unanimous vote* The meeting closed at 8:25 p.m. .10111.0 City clerk • Cxty of National City, California The foregoing minutes were approved by the City Council of National Cit y at the regular meeting of January 4, 1971. No corrections Correction as noted below Mayor, City'o' National City, California 12/28/71