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HomeMy WebLinkAbout1977 02-15 CC MIN47 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 15, 1977 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, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McLean, Osburn. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev, Hubert Campbell, Windsor Hills Baptist Church, APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of February 1, 1977 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS DICK GARRETT, 11060 Via Temprano, San Diego (President, N.C. Chamber of Commerce) thanked the Council for Chief of Police Kanagy and the fine job he is doing on a Crime Alert Program which has been beneficial to the business community, Mr. Garrett requested that Council go on record in opposition to San Diego and Arizona Eastern Railway's abandonment of their route between San Diego and El Centro, this action, if approved by the Interstate Commerce Commission, would have a serious impact upon industries currently located in National City and the South Bay as well as new businesses coming into the area; they are asking Congressional representatives to have the ICC hold local hearings and Council's support of their position. Moved by Pinson, seconded by Camacho, Council support the Chamber's requests and the City Manager be directed to write such letters with a copy to the Chamber. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,263, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA COMMENDING VETERANS OF FOREIGN WARS POST 4630 FOR THEIR DONATING FOR A PUBLIC PURPOSE THE KIMBALL HOUSE." Moved by Camacho, seconded by Reid, Resolution No. 12.263 be adopted. Carried by unanimous vote. Resolution No, 12,264, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Fausto Montano)," Moved by Camacho, seconded by Reid, Resolution No. 12,264 be adopted. Carried by unanimous vote.. Resolution No. 12,265. City Attorney McLean requested Resolution No. 12,265 listed on the Agenda be held over one week, INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Reid, these ordinances be presented by title only. Carried by unanimous vote. 2/15/77 Ordinance No. 2/15/77-1, "An Ordinance of the City of National City Amending the National City Municipal Code 18,32.030 to Provide that Single Family Residential Structures May be Constructedon Parcels Bearing the "PD - Planned Development" Zoning Designation on the Zoning Map, without the Necessity of Complying with the Requirements Applicable to Such "PD" Zoned Areas (A-1-77)." Ordinance No, 2/15/77-2, "An Ordinance Pursuant to Land Use Code of the City of National City, California (ZC-1-77, to add Planned Development Combining Zone IPD] to property Bounded by Grove Street on the North and West, National City City Limit on the East, and Sweetwater Road on the South)," REPORT OF CITY ATTORNEY - No report. REFERRALS The Planning Director's memo regarding VACATION of 20TH STREET between Roosevelt and Hoover, stating the City Council may either modify Condition #3, (evidence, to the satisfaction of the City Attorney, that all persons known to have possible claims to access rights to and from the street to be vacated have relinquished all such rights) which would require additional public hearings, or file Mr. Goldberg's letter was presented. Moved by Pinson, seconded by Reid, a Public Hearing be set. CLEMENT O'NEILL, 1357 Rosecrans, San Diego, attorney representing Mr. Goldberg in this matter, was present and was told the hearing process would start all over again and to keep in touch with the Planning Director regarding this case. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. UNFINISHED BUSINESS Application for New Priority and Type 47 GENERAL ON -SALE LIQUOR LICENSE (with Type 41 license to be surrendered) by, Louis Arko, dba LOURDES RESTAURANT, 1125 National Avenue, and Chief of Police Kanagy's recommendation Council oppose the application until it is cleared through Planning Department (with the change to an On -Sale General Eating Place, it is anticipated that a conditional use permit will have to be obtained as well as resolving any other problems which might exist under the new application.) were presented. Moved by Pinson, seconded by Dalla, Council oppose the application as per the recommendati:n of Staff. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan, NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 32, dated February 15, 1977, in the amount of $58,109.40 (Warrants Nos. 56875 through 56960), and PAYROLL in the amount of $162,926.97 for the period, January 16-31, 1977, was present. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A PETITION FOR 1911 ACT IMPROVEMENT (secure right-of-way, grade, pave and curb) "N" AVENUE between 8th Street and Plaza Blvd. and the Director of Public Works report and recommendation stating more than 60% of the property owners of the benefit area signed the petition and recommending the report be accepted and staff be directed to proceed with the project and the Municipal Engineers, Inc. be contracted to prepare the necessary improvement drawings for the project, were presented. Moved by Morgan, seconded by Reid, advise staff to proceed with a 1911 Act and include "N" Avenue, and 9 h Street west of "N" Avenue. There was discussion,. Motion carried by unanimous vote. The Director of Public Works' recommendation to purchase EARTH COMPACTOR (a hydraulically operated accessory that attaches to the 2/15/77 49 recently purchased backhoe for the Sewer Divivision; favorable bids received on the backhoe resulted in a savings in the budgeted funds in the amount of $6,459.54; it is proposed to use $5,000 of this surplus for the purchase of the compactor.) was presented. Moved by Camacho, seconded by Pinson, in favor of the Director's recommend- ation. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Director of Public Works' recommendation to approve CHANGE ORDER NO. 2 to DRAINAGE CONSTRUCTION MELROSE AVENUE AND SECOND STREET, Specification No. 858: ([1] the relocation of the storm drain in 2nd Street to avoid water main which was adjacent to original location of storm drain; [2] the lessening of the depth of the storm drain in Mr. Wall's driveway north of 2nd Street due to adverse soil conditions - unstable, uncompacted in place soils; [3] addition of 1 Type "D" catch basin adjacent to Mr. Wall's driveway; [4] an equivalent change in the replacement pavement structure of 2nd Street at less cost to the City; total cost $1,062.20; funds are available in the contingency portion as originally appropriated) was presented, Moved by Reid, seconded by Camacho, in favor of request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstain: Pinson. WRITTEN COMMUNICATIONS League of California Cities LEGISLATIVE BULLETIN, #4-1977 was presentd. Moved by Pinson, seconded by Morgan, to approve the Manager's recommendation and oppose Item No. 1 (Compulsory and Binding Arbitration, SB-164j. Motion carried by unanimous vote. A letter from Department of Housing & Community Development enclosing SECOND DRAFT OF PROPOSED REVISION OF STATE HOUSING ELEMENT GUIDELINES and inviting suggestions and comments was presented. Moved by Pinson, seconded by Camacho, this be referred to Staff. A letter from San Diego Transit System stating TERM of National City and Chula Vista REPRESENTATIVE ON THE TRANSIT BOARD will expire 4/17/77 and requesting name (s) to be submitted for new appointment was presented. Mayor Morgan stated he would be in touch with the Mayor of Chula Vista to work this out. Moved by Pinson, seconded by Camacho, this be referred to the Mayor for action. Carried by unanimous vote. A request from the Police Chief that the City Attorney be directed to draw an ordinance that would require GO-GO DANCERS to obtain City BUSINESS LICENSE and clearance by the Police Department was presented. Moved by Camacho, seconded by Reid, in favor of the request. There was discussion. City Attorney McLean stated the Ordinance contemplates the Chief of Police will make an investigation of applicants to ascertian if they have a background that should prevent them from engaging in this type of vocation. There was further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dallas. The NATIONAL CITY EMPLOYEE'S FEDERAL CREDIT UNION'S request for use of KIMBALL COMMUNITY BUILDING, ANNEX AND GALLEY 2/18/77, 3:00 p.m. to 11:00 p.m., and waiver of all fees was presented. Moved by Pinson, seconded by Dalla, in favor of request to waive all fees except custodian. Carried by unanimous vote. A letter from HAROLD P, FORD, III, 2562 Calle Tres Lomas, San Diego, submitting CLAIM AGAINST CITY was presented. Moved by Camacho, seconded by Reid, the Claim be re'ected and referred to the City Attorney, Carried by unanimous vote. The Planning Director. and City Engineer/Director of Public Works' recommendation that CONDITIONS OF APPROVAL OF VACATION of 6th Street between National Avenue and Roosevelt Avenue stipulated by Council 2/15/77 50 on 6/15/76 be modified as proposed in their memo ([1] remove the requirement for "Quitclaim Deeds"; [2] waive the requirement that the "existing public improvements within the vacated right-of-way be removed ,.. "after a new agreement and bond have been posted with the City, to the satisfaction of the City Engineer, guaranteeing the following work: a) landscaping of National Avenue parkways within the recent construction area; b) landscaping a minimum 51-0" wide strip along the east wall of the motel at 6th Street and construction of a concrete curb separating that landscaping from the paved area; c) repair of finish grade abutting new sidewalks; d) construction of a suitable permanent drainage inlet on the east wall of the motel at 6th Street) was presented. BEN CHASE, 540 National Avenue and MARK GROSVENOR, Night -Light Inn, 521 Roosevelt, were present stated they go along with the recommendations with the exception of some logistic problems in one recommendation; both Mr. Chase and Mr. Grosvenor agree they want to complete these improvements but there have been some problems in working the problems out with other people involved; they support the recommendations with the exception of Item b, landscaping a minimum 5' wide strip along the east wall of the motel & construction of concrete curb, if this is done it will block the gentleman behind who has a 7 foot access easement up to the center of the street 52 feet on each side going out to National Avenue; it would completely block his easement. Planning Director Gerschler stated he feels this could be accommodated by a slight modification of the design, he doesn't agree with Mr. Grosvenor's analysis. Mr. Chase stated the landscaping would held behind the motel; everyone would like to have the back of the motel covered in some way. Mr. Grosvenor drew a diagram of the area on the board for Council and explained why drainage problems would preclude maintenance of landscaping. Mr. Grosvenor stated they have completed all of those requirements by the City with the exception of removing the blacktopping; there is a $9200 bond and $7500 bond out; the money is still pledged to the City and the work has been done and due to the fact that he is short of money he is unable to take out another bond. Mr. Gerschler stated he is sure the bond can be transferred from one agreement to another. Moved by Morgan, seconded by Reid, to approve Staff recommendation except landscaping behind the motel. Motion carried, -by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. Moved by Pinson, seconded by C-amacho, to amend motion to instruct City Engineer to not allow removal of paving on the Chase side of 6th Street. Amendment carried by unanimous vote. REPORTS CITY MANAGER -, No report. PUBLIC HEARINGS The ASSESSMENT HEARING (1911 Act Improvement of Alley between "E" Avenue and "F" Avenue and 19th Street and 20th Street, Assessment District No. 185) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Hearing were on file; no written protests were received. ROBERT ONLEY, Assessment Engineer, was present and displayed a map out- lining the boundaries of the district, and stated the improvements on this project are concrete and combination AC alley*incidental expenses on the project were $2,564.62; the contract cost $7,629.88; total project cost, $10,194.50; City contribution, $470.87; total amount to be accessed, $9,723.63; each property is benefited in the amount of the assessment; there were no protests. No one was present to speak on this matter. Moved by Camacho, seconded by Dalla, this Hearing be closed and the Assessment on Alley between E and F Avenue be confirmed. Carried by unanimous vote. 2/15/77 51 COUNCIL COMMUNICATIONS COUNCILMAN REID asked City Manager Osburn if the problem of people being able to get their dogs out of the pound had been resolved. The City Manager replied they were still working on it. Moved by Camacho, seconded by Pinson, .the meeting be closed, Carried by unanimous vote. The meeting closed at 8:20 p.m. City Clerk City/of National City, California The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of March 1, 1977. jCorrections riNo corrections 4 ayor City of National City, California 2/15/77