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Home My WebLink About1977 04-26 CC MIN109 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 26, 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, Dalia, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McLean. SALUTE T0 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 Camacho, seconded by Reid, the minutes of the regular meetings of April 5 and 12, 1977 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamations: "ANTI -LITTER MONTH, May 1977" and "RESPECT FOR LAW WEEK, May 1-7, 1977". Moved by Camacho, seconded by Reid, the proclamations be approved. Carried by unanimous vote. The Mayor presented "Respect for Law Week" proclamation to MIKE DANNEKER, president, Optimists Club. MAYOR'S APPOINTMENTS - None. SCHEDULED PRESENTATIONS Members of the County of San Diego Community Services Agency were present and made an oral presentation in regard to the Southern California Urban Resource Recovery Project, gave copies of the "Southern California Urban Resource Recovery Project Interim Report II to members of the Council, and dlowed a film of a facility in Ames, Iowa, which burns solid waste to produce electricity. PUBLIC ORAL COMMUNICATIONS - None. PUBLIC HEARING HEARING on the proposed ZONE CHANGE from RM-1 (Residential Multiple Family) to CBD (Commercial Central Business District) the northerly 150' of Parcel "C" of Parcel Map #3114, located at the northeasterly corner of Plaza Boulevard and future extension of "N" Avenue (ZC-7-77) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing Notices of the Hearing were on file. Planning Dir. Gerschler stated the Planning Commission recom- mended approval of the zone change providing the General Plan on said property is first amended from Residential to General Commercial. No one was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be cloyed brad the Planning Commission's recommendation be approved. Mayor Morgan asked for assurance that the street would be dedicated. Motion carried by unanimous vote. CONSENT CALENDAR Moved by Camacho, seconded by Reid, item 5 be approved. Item 5 The City Treasurer/Finance Director's request for ratification of Warrant Register No. 42, dated 4/26/77, in the amount of $381,915.52 4/26/77 110 (warrants nos. 57459 through 57522) and Payroll for the period ending 4/15/77 in the amount of $151,123.69. Carried by unanimous vote. Moved by Reid, seconded by Camacho, we change back to adopting resolutions by reading of the title only. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Resolution No. 12,332, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF UNBUDGETED RESERVE FUNDS FOR MAY 31, 1977 ELECTIONS." Moved by Camacho, seconded by Reid, Resolution No. 12,332 be adopted. Carried by unanimous vote. Resolution No. 12,333, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1977-2 TO ALLOW A THEATRICAL STUDIO AND THEATRE OFFERING LIVE PERFORMANCES AT 500 E. PLAZA BOULEVARD (Lamb's Players, Inc.)." Moved by Camacho, seconded by Reid, Resolution No. 12,333 be adopted. Carried by unanimous vote. Resolution No. 12,334, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE LAND USECODE OF THE CITY OF NATIONAL CITY (Z-2-77, to allow a theatrical studio and theatre offering live performances with less than the required amount of off-street parking at 500 East Plaza Boulevard - Lamb's Players, Inc.)." Moved by Reid, seconded by Camacho, Resolution No. 12,334 be adopted. Carried by unanimous vote. Resolution No. 12,335, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF FUNDS TO PROVIDE DRAINAGE IN LAS PALMAS PARK ADJACENT TO SWIMMING POOL." Moved by Reid, seconded by Pinson, Resolution No. 12,335 be adopted. Carried by unanimous vote. Resolution No. 12,336, "RESOLUTION OF AWARD OF CONTRACT (Las Palmas Drain, Specification No. 861)." (The City Clerk's report on bids received was distributed to Council immediately after opening. Bids received were: T.B. Penick & Sons, $15,419.99; Addax Construction Co., $18,471.00; Carver Corporation, $21,884.75; Daniel L. Muns Engineering Co., $19,251.35; Mike Masanovich Construction Co., $17,362.00; Viewland Investment Company, $24,680.83. The Director of Public Works recommend- ed authorization to award the contract to T.B. Penick & Sons, low bidder, and all other bids be rejected.) Moved by Reid, seconded by Camacho, Resolution No. 121336 be adopted. Carried by unanimous vote. Resolution No. 12,337, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR LIABILITY INSURANCE COVERAGE FOR MAYTIME BAND REVIEW." Moved by Camacho, seconded by Reid, Resolution No. 12,337 be adopted. Councilman Dalia asked that next year Maytime Band Review Corporation include the anticipated cost of insurance in the total funds they will request from the City so the City will not have to look around at the last minute for funds. Vice Mayor Pinson asked that the insurance be obtained early. The City Manager stated he would check on this. Motion carried by unanimous vote. Resolution No. 12,338, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF UNBUDGETED RESERVE FUNDS TO ESTABLISH BUDGET FOR WATER COURSE PERMIT. Moved by Reid, seconded by Camacho, Resolution No. 12,338 be adopted. Councilman Dalla stated that routinely Council approves funds out of Unbudgeted Reserves and asked if the City Manager had an idea of how much is in the Unbudgeted Reserves at present? City Manager Gill stated that until they determine the revenues and expenditures for the current year, there wouldn't be a firm fix. Resolution No. 12,339, "RESOLUTION APPROVING REVOCABLE LICENSE AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY." Moved by Pinson, seconded by Camacho, Resolution No. 12.339 be adopted. City Attorney McLean oxp ined the City is borrowing noise monitoring 4/26/77 111 equipment from the federal government to take sound measurements of various kinds as a part of the Planning Department's objective to write a noise element to the General Plan. Motion carried by unanimous vote. Resolution No. 12,340, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS." Moved by Camacho, seconded by Pinson, Resolution No. 12,340 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Reid, this Ordinance for first reading be by title only. Carried by unanimous vote. Ordinance No. 4/26/77-1, "Amending Ord. No. 1193 Relating to Improvement Valuation of Moved Buildings." NEW BUSINESS The Director of Public Works' recommendation to approve DEFERRAL of requirements to install street paving at 2043 East 5th Street (Nicita) (The property owner has applied for a deferral of requirements to install permanent street paving at his address on the grounds that it is not in the public interest to remove temporary paving that still has a useful life in order to install permanent base and pavement. Mr. Nicita has offered to sign a Covenant not to protest a 1911 Act and to install the permanent improvements upon demand of the City Council. The recommendation is that the approval be granted for a ten-year deferral subject to the requirement for a $2,000 Bond.) was presented. Moved by Pinson, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. JOHN NICITA, Spring Valley, son of the property owner was present and stated the request was that the deferral be granted on the condition of a covenant and staff recommendation is that it be approved on condition of $2,000 bond and covenant; they wish $2,000 bond requirement waived; they were given an application and explanation form for conditions of deferral which listed five items that Council can consider in addition to defferal, and they indicated on that form they would prefer the Covenant agreement. City Attorney McLean stated the necessity of the $2,000 Bond is for the purpose of securing the enforcibility of this promise to put the improvement in at some future date. There was discussion. Moved by Pinson, seconded by Reid, for reconsideration. Carried by unanimous vote. Moved by Pinson, seconded by Reid, for a ten year deferral subjectto a Covenant and eliminate the bond. Carried by unanimous vote. The MAYTIME BAND REVIEW COMMITTEE'S requests for (a) authorization to conduct a parade; (b) authorization to use a public address amplifier; (c) waiver of single -day business permit fees for five (5) food/beverage concession stands: three along the parade route, and two at Kimball Park Bowl were presented. Moved by Pinson, seconded by Reid, in favor of the requests. Carried by unanimous vote. WRITTEN COMMUNICATIONS The League of California Cities' Legislative Bulletin #14-1977 and the City Manager's recommendation to oppose No. 1, SB 12, property tax reform; No. 2, AB 764, Solid Waste Management Plans, and No. 4, SB 495, mandating state duties on Police Chiefs. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendations. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstain: Dalla. OTHER BUSINESS CITY MANAGER City Manager Gill stated he has a recommendation from the Recreation Supervisor to reduce the fees on the swimming pool; there is now a varied 4/26/77 112 schedule of fees and it is recommended the fees be changed to $.25 for any person using the pool; and the fees for swim class be ten for $2.50. City Manager concurred in the recommendations. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendation. Mr. Gill stated this would result in some reduction in revenue but the amount of money received does not begin to cover the cost of the pool; the fee is to insure that people using the pool have some sense of responsibility. Carried by unanimous vote. CITY ATTORNEY - No report. CITY COUNCIL MAYOR MORGAN spoke regarding the Water Bond Election. MAYOR MORGAN called an Executive Session on personnel matters at 8:24 p.m. Council reconvened at 8:57 p.m, ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Moved by Pinson, seconded by Camacho, the meeting be adjourned to 4:00p.m. tomorrow afternoon in the Conference Room. Carried by unanimous vote. The meeting adjourned at 9:00 p.m. CITY ERK CI OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular 3neeting of May 10, 1977. Corrections No corrections MA CITY OF NATIONAL CITY, CALIFORNIA 4/26/77