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HomeMy WebLinkAbout1978 04-18 CC MIN129 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE Cl, Y OF NATIONAL CITY, CALIFORNIA APRIL 18, 1978 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: Dana, Van Deventer, Waters, Morgan. Absent: Camacho. Administrative officials present: Campbell, Gerschler, Gill, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Atwell Stewart, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Waters, seconded by Van Deventer, the minutes of the regular meeting of April 4, 1978 be approved. Carried by unanimous vote. Absent: Camacho. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "PUBLIC SCHOOLS WEEK," April 16-22, 1978. Moved by Dalia, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. Absent: Camacho. Mayor Morgan presented the proclamation to Mr. Ernest B. Alderman, Southwest Lodge 283. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointments of Cornelia Warren, Robert Daily, Christine Culver, Helen Hailing, Barbara Strahan, Chairwoman, Jerry Harris, Dan Murphy, Vice Chairman, Tuan Nguyen, Ross Freiermuth to the Committee for Housing & Community Development was presented. Moved by Waters, seconded by Morgan, in favor of the committee that you recommended except for one person, Barbara Strahan, who's been on it for five years. Councilman Waters stated with this appointment Mrs. Strahan would have served on the committee seven years; she had done a fine job but it's time for others to be given the opportunity to serve. Councilman Van Deventer requested Arnold Peterson, Executive Director, Community Development Commission, to give the time served by others on the Committee. Mr. Peterson stated as far as length of service, the original members of the Committee are Robert Daily, Barbara Strahan and Jerry Harris. Councilman Waters stated he would add those names to the motion and for the same reason, the length of time already served. Councilman Van Deventer stated he, too, believes there should be new blood on the committee but the time to do it is at the end of the term. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Dalla, Van Deventer. Absent: Camacho. Moved by Morgan, the matter be laid over one week and have the committee appointed by Councilman Dalia and Van Deventer. Motion died for lack of second. Moved by Van Deventer, seconded by Waters, we confirm but at the end of the term that we discuss the ones that have been on for a length of time and bring in new people. Motion carried by unanimous vote. Absent: Camacho. ORAL COMMUNICATIONS - None. 4/18/73 130 ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Van Deventer, these Resolutions be presented by title only, Carried by unanimous vote. Absent: `Camacho. Resolution No, 12,710, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Corporation Grant Deed - Sewer easement and right-of-way for sewer pipe purposes - M.W. Properties Corporation)," Moved by Van Deventer, seconded by Dalla, Resolution No, 12,710 be adopted* Carried by unanimous vote, Absent; Camacho, Resolution No. 12,711, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Quitclaim Deed - Abutter's right of access at 24th Street - Buck L. & Florence E. Moody)." Moved by Waters, seconded by Dalla, Resolution No. 12,711 be adopted, Carried by unanimous vote, Absent: Camacho. Resolution No, 12,712, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Corporation Quitclaim Deed for a portion of 4th Street east of Euclid Avenue - Paradise Valley Hospital)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,712 be adopted, Carried by unanimous vote, Resolution No. 12,713, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Fourth Street - East of Euclid Avenue)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,713 be adopted. Carried by unanimous vote, Absent; Camacho, Resolution No. 12,714, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE COOPERATION AGREEMENT AMONG THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND H. LARY MAGEE AND LAWRENCE J. CROW, OWNERS OF LOT 14, MAP 8038, E,J, CHRISTMAN PROJECT, NATIONAL CITY, CALIFORNIA," Moved by Van Deventer, seconded by Waters, Resolution No. 12,714 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,715, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION, (Traffic signals, Division Street & Palm Avenue, Specification No. 850)." Moved by Waters, seconded by Dalla, Resolution No, 12,715 be adopted, Carried by unanimous vote, Absent: Camacho, Resolution No. 12,716, "RESOLUTION APPROVING AMENDMENT GP-1-78 TO THE GENERAL PLAN," (Could not be adopted until after the Hearing) PUBLIC HEARINGS The continued HEARING to consider several amendments to the General Plan GP-1-78. The Planning Commission recommended: Items 1, 2, 3, 4, 5, 7, & 9 be approved; Item 6, denial of petition; Item 8, approval and addition of PD to a future zone change was held at this time. Planning Director Gerschler stated the Council held a hearing on this; there were nine items under consideration; the Council accepted some of the Planning Commission's recommendations; item number 6 was the property of Charles Kersch at Euclid and Plaza, which was referred 'back to the Planning Commission (the Planning Commission had recommended "Light Commercial", the property owner had asked for "General Commercial Commercial", the Council indicated they favored "General Commercial" and sent it back to the Planning Commission for a report); the Planning Commission reviewed the matter, reviewed their previous findings, reviewed the report from the City Council meeting and reaffirmed their previous recommendation of "Light Commercial"; the Council can proceed at this time to act on this case as they desire, No one was present in this regard, Moved by Waters, seconded by Morgan, the public hearing be closed, the GP-1-78 of the general plan and all items on that agenda be approved and adopt the Resoution (Resolution No. 12,716). Councilman 4/18/78 131 they were Dalia asked if/approving the items as recommended by the Planning Commission or the City Council. Councilman Waters stated they be approved as per staff's recommendation; and Council's zoning of the Kersch property to "General Commercial". Planning Director Gerschler stated Items 8 and 9 were pulled off the agenda and rescheduled for June. Moved by Dalia, seconded by Van Deventer, the motion be amended to support the Planning Commission's recommendation on Item 6. There was discussion. Amendment failed, by the following vote, to -wit: Ayes: Dalia, Van Deventer. Nays: Waters, Morgan. Absent: Camacho. Motion carried, by the following vote, to -wit: Ayes: Van Deventer, Waters, Morgan. Nays: Dalla. Absent: Camacho. ADOPTION OF RESOLUTIONS (Continued) Resolution No. 12,717, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING LEGISLATION TO LIMIT THE REQUIREMENT FOR LEGAL PUBLICATION OF ORDINANCES." Moved by Waters, seconded by Van Deventer, Resolution No. 12,717 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,718, "A Resolution of the City Council of the City of National City authorizing the transfer and appropriation of funds to establish Park Fund account." (See paragraph 1-, page 133) Moved by Morgan, this resolution be adopted. Motion died for lack of second. PUBLIC HEARINGS (continued) The HEARING (item 4) on INTENTION TO VACATE AND CLOSE the northerly 160' of ALLEY between 15TH AND 16TH STREETS AND "C" AND "D" AVENUES was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated this case was initiated by the City in response to a suggestion made by the Fire Department; this would provide for the enlargement of the Fire Department drill yard; the proposed enlargement will provide more area for training, storage, service and hose wash area, and off-street parking for employees; the Planning Commission recommends approval. No one was present in this regard. Moved by Van Deventer, seconded by Waters, the public hearing be closed and in favor. Carried by unanimous vote. Absent: Camacho. The HEARING on INTENTION TO VACATE AND CLOSE the westerly 52.92" of 7TH STREET within the 1400 BLOCK, west of and abutting the existing cul-de-sac (SC-2-78) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file. Planning Director Gerschler stated this case was initiated by the City at the suggestion of the Director of Public Works; the westerly 52.92 feet of 7th Street located adjacent to and abutting the cul-de-sac is unimproved; there are no plans to improve this portion of 7th Street for street purposes; the Planning Commission recommends approval. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and this be approved. Carried by unanimous vote. Absent: Camacho. The HEARING on EXTENSION OF INTERIM ORDINANCE NO, 1605, adopted as an emergency measure prohibiting the uses (new) "Adult Motion Picture Theatres", "Adult Book Stores" and "Adult Newsracks" was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler stated the Council adopted an Interim Ordinance No. 1605 on November 8, 1977 which regulated certain adult entertainment facilities; since adoption of the Ordinance, staff has been researching a permanent ordinance; this extension will terminate November 8, 1978; the Planning Commission recommends adoption of the Ordinance. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the extension of Ordinance 1605 be approved. Carried by unanimous vote. Absent: Camacho. 4/18/78 132 The HEARING on APPEAL of Planning Department notice of intention to ABATE AND REMOVE AN INOPERATIVE VEHICLE AS A PUBLIC NUISANCE at 2125 Prospect Street (on March 22, 1978 a Notice of Intention to Remove Wrecked Vehicles was directed to Dale and Jean Boe, 2125 Prospect Street, location of approximately 20 inoperative vehicles; on March 28, 1978 an appeal from the time limit set forth for removal for the vehicles was filed by Mrs. Boe; the inoperative vehicles were observed on site by the Fire Department on March 21, 1978; they were in various states of disrepair) was held at this time. Planning Director Gerschler stated staff recommends the order to abate be confirmed and that the vehicles be removed. No one was present on this regard. Moved by Van Deventer, seconded by Waters, the public hearing be closed and in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. The HEARING to obtain views of citizens and to respond to citizen proposals regarding the PREPARATION OF A PREAPPLICATION TO THE DEPART- MENT OF HOUSING & URBAN DEVELOPMENT for grant under the Small Cities Program (the Citizens Committee for Community Development on April 12, 1978 unanimously recommended that the Council authorize pre - application by the Community Development Commission to the U.S. Depart- ment of Housing & Urban Development for $450,000 Small Cities Grant for residential property improvement loans within the approved Housing Assistance Area and for public improvement and administrative costs in connection with such loans) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated this program is an extension of the Block Grant Program; they have analyzed the regulations of the program and believe that this particular use of the funds is the one that has the best chance of being approved by HUD, which is why this particular program is being requested. There was discussion. Mr. Peterson stated if Council, after the second hearing, approves the filing of the preapplication, then HUD will inform the CDC whether they can apply; this is to precede the application itself; after HUD informs the City it can apply, they prepare an application which Council will see. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and we proceed according to the recommendations of the Community Development Commission. Carried by unanimous vote. Absent: Camacho. INTRODUCTION OF ORDINANCES (first reading) Moved by Dalla, seconded by Van Deventer, this Ordinance be presented by title only. Carried by unanimous vote. Absent: Camacho. Ordinance No. 4/18/78-1, "Amending Chapter 1.20 of the Municipal Code changing violations of said code from 'misdemeanors' to 'infractions'." ADOPTION OF ORDINANCES Moved by Dalla, seconded by Van Deventer, this Ordinance be presented by title only. Carried by unanimous vote. Absent: Camacho. Ordinance No. (4/18/78-2), "Establishing procedures for the ascertainment and the collection of fees for interim school facilities and adopting same as an urgency ordinance." Moved by Morgan, seconded by Dalla, we adopt this ordinance as a regular ordinance. Carried by unanimous vote. Absent: Camacho. City Attorney McLean stated the Ordinance has now been introduced for its first reading and will be on the Agenda next week for its second reading. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 39 dated April 18, 1978 in the amount of $77,326.53 4/18/78 133 (Warrants Nos. 61566 through 61633) was presented. Moved by Dalla, seconded by Van Deventer, it be ratified. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Absent: Camacho. The Director of Public Works' recommendation to approve DEFERRAL of requirements to install PERMANENT PAVING adjacent to 1412 E. 14th St.4 Ballow, (the applicant has applied for a deferral on the grounds that the existing temporary paving is in good condition and removal would not be practical at this Mime; he has offered to sign a Covenant not to protest a 1911 Act for paving of 14th Street) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. The NATIONAL CITY GIRLS' SOFTBALL LEAGUE'S request for placement of ADVERTISEMENT IN PROGRAM (a donation of $50 is requested to cover the placement of an advertisement on.'the back cover of the official program for_the 1978 National City Girls .Softball League season; sufficient money is in the current budget to cover this item) was presented. Moved by Dalla, seconded by Van Deventer, this request be denied. Mayor Morgan stated the City needs to go ahead with this; the City has the money and there's no reason why we can't go ahead with this. CLEO ATKINS, 2840 E. 19th Street, was present to request the City purchase the back page of the program as done in the past; they missed the boat last year because no one came to Council to request the funds; they are trying to keep the entry fee for the Girls to $5,00, they didn't raise the fees like Little League did this year because it's hard for the parents to come up with the money. Under discussion, Councilman Van Deventer stated he feels Item 22 should be discussed before this item is passed upon. Mayor Morgan stated if there were no objection they would go to Item 22 on the Agenda. Itemm 22, GIRLS SOFTBALL LEAGUE BUILDING, Las Palmas Park (on Jan. 17, 1978 the Council approved the construction of a two-story storage building/announcer's booth for the Girls Softball League in Las Palmas Park, this to include installation of a 4" concrete floor slab with the conduit electrical utilities in it, provide the block and install the block walls; footings were excavated by city staff April 10 and concrete forms are now being erected; a local masonry contractor will pour the slab and construct the walls for $3,400 including insurance and all labor and material; this will complete the building up to the second floor level, from which point the building will be completed by the League; staff recommends that the contractor [Floyd Babcock] be authorized to commence construction; and, that $3,400 be appropriated for the project) was presented. Moved by Morgan, seconded by Van Deventer, we approve this. Councilman Van Deventer stated when the Council made an earlier motion, Council discussed spending $495.00 for the slab and the electrical coming into the building; at the time it was discussed and okayed, the masonry was to be installed to the first floor; he was of the opinion the CETA program was going to be used for the concrete slab and the City was going to hire someone to lay the brick; he would like to have more break -down on the $3400, as to how the City came up with that figure, was it put out to bid? Councilman Van Deventer stated the building is definitely needed, but asked how could the figures jump from $495.00 to $3400 with only one bid and one contractor; this should be held over a week until we get a breakdown of the costs on this particular project; if the CETA people worked on the slab he could not see where there's $3400 worth of brick on one floor. Moved by Van Deventer, seconded by Waters, this be laid over one week. Carried by unanimous vote. Absent: Camacho. Moved by Van Deventer, seconded by Dalla, we lay over Item 21, (request for placement of advertisement to program for National City Girls Softball League,) one week. Carried by unanimous vote. Absent: Camacho. National City -Lincoln Acres Community Action Council's request for assistance in Co -Sponsoring the CINCO DE MAYO program at Kimball Bowl (The city has co -sponsored the Cinco de Mayo in conjunction with the 4/18/78 134 Council for the past nine years; the City Manager spoke with Ernie Azhocar, Chairman of the event, who said the request is for $500 for the current year; no monies have been provided in the current budget to cover this event; however, $500 has been given in past years) was presented. Moved by Morgan, seconded by Van Deventer, we approve it. City Manager Gill stated there is $1700 left out of the $7500 available that was budgeted for items such as this; anything after the reduction of the $1700 would be unbudgeted money. Carried, by the following vote, to -wit: Ayes: Van Deventer, Waters, Morgan. Nays: Dalla. Absent: Camacho. A CLAIM FOR DAMAGES from Michael Stanley Cecil alleging false arrest and false imprisonment was presented. Moved by Dalla, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. The petition of WILLIAM R. HANK±344S for 921 "N" Avenue to be included in boundaries of Assessment District 188 (the petition was filed with the City Clerk and the purpose is'. -to have the property recently acquired by Mr. Hankins at 921 "i" Avenue included in the boundaries of the 1911 Act Improvement'of "N" Avenue between 9th Street and Plaza Blvd.; 921 "N" Avenue is adjacent td tie project boundaries; the City Clerk recommends the petition be referred to the City Engineer for report and recommendation) was presented. Moved by Waters, seconded by Van Deventer, in favor of petition for 921 "N" Avenue to be included in the boundaries of the Assessment District 188. City Manager Gill stated Council should receive a report from the City Engineer as it may not be possible to include this in the District. Moved by Dalla, seconded by Van Deventer, referred to the City Engineer for report and recommendation. Councilman Waters asked why the petition hadn't been given to the City Engineer before it was put on the Agenda. City Manager Gill stated this was a petition to the Mayor and Council and policy is to present it to the Council and have the Council then direct staff for a report. City Manager Gill stated if it is the pleasure of the Council, when this type of thing comes in, we could handle it administratively first then give it to Council later. City Clerk Campbell stated when the petition came in she scheduled it for the Agenda and also passed it on to the other department with the under- standing if they could get their report back that her report would come off the Agenda and theirs would go on; she was trying to save time. City Attorney McLean suggested a motion to authorize the City Engineer add this property to the legal boundaries subject to concurrence of the City Engineer. Moved by Dalla, seconded by Van Deventer, so moved as an amendment. Carried by unanimous vote. Absent: Camacho. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF CITY CLERK CAMPBELL said AB2224, League Bulletin, proposes to consoli- date General Law city and school district elections; she recommended this be opposed. Moved by Waters, seconded by Van Deventer, so moved. Councilman Dalla asked why this should be opposed. City Clerk Campbell stated as it is now the City has its elections even numbered years and the school has theirs odd numbered years; they operate under two different Codes, the City operates under the Election Code and the school district election comes under the Health and Welfare Code; the requirements for holding the election are totally different and make elections more costly to the cities and the school districts. Motion carried, by the following vote, to -wit: Ayes: Van Deventer, Waters, Morgan. Nays: Dalla. Absent: Camacho. PLANNING The Planning Commission's recommendation hearing be set for the proposed rezoning to add H-15 to the residential zoned area bounded by 4th St., "R" Avenue, 8th Street and Palm Avenue, ZC-3-78 (a city -initiated 4/18/78 135 rezoning and part of the "apartment area" rezoning cases referred by the Council to the Planning Commission for action) was presented. The City Clerk suggested May 16th as date for the hearing. Moved by Dalla, seconded by Waters, this be set for hearing May 16th. Carried by unanimous vote. Absent: ,Camacho. MAYOR MAYOR MORGAN asked if:there was any way the City could keep the County from putting the County pension fund needs on the property tax rolls. City Attorney McLean stated/there was no way. Mayor Morgan stated he will contact state -officials regarding this matter. CITY COUNCIL COUNCILMAN VAN DEVENTER stated an AMERICAN LITTLE LEAGUE request for updating the ball field in the amount of $4956 had been made to the City; it is unappropriate at this time to bring �n an item like this; this should go through the Manager's office an4Affscussed by Council; this is an item that should be discussed at budget time. Moved by Waters, seconded by Dalla, this be referred to the Finance Committee. Councilman Dalla stated there are items that are brought up regarding dangerous situations that exist or in definite need of attention; the total expenditure amount is what should refer it to the Finance Committee. Mayor Morgan requested City Manager Gill to make a report to Council on any situations that may exist within the City that needs attention. Motion carried by unanimous vote. Absent: Camacho. PLANNING COMMISSION - NOTICES OF DECISION Item 27, Planning Commission Resolution No. 21-78, approving applica- tion for Planned Development Permit to allow development of a two-story, seven -unit apartment building at 1821 E. 17th Street (PD-iOO). Planning Director Gerschler stated this apartment building on 17th Street is surrounded by apartments on all sides; the only other uses are the church at the far end and two single family dwellings; the Planning Commission approved the application after considerable design review changes and recommended this be filed. Moved by Dalla, seconded by Van Deventer, this be filed. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Nays: Morgan. Absent: Camacho. Moved by Dalla, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. Absent: Camacho. The meeting closed at 8:35 P.M. CITY CL CITY F NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of May `I 1978. EDNo corrections EsCorrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 4/18/78