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Home My WebLink About1977 05-10 CC MIN117 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 10, 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, Gill, Hoffland, McCabe, McLean. SALUTE TiO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetings of April 26 and adjourned meeting of April 26 held on April 27, 19777be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City, Clerk Campbell read the Mayor's proposed proclamation "NATIONAL TRANSPORTATION WEEK, May 15-21." Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Roy Clark. City Clerk Campbell read the Mayor's proposed proclamation "YOUTH DAY - May 14, 1977." Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Arnold Weatherall, Sweetwater District, MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of SHIRLEY BITTNER to the CITIZENS COMMITTEE FOR -COMMUNITY DEVELOPMENT and RALPH HARRIS to the PARK AND RECREATION ADVISORY BOARD were presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS GLORIA BROWN, 2005 Lanoitan Avenue, was present and requested Council to waive building rental fees and to permit a liquor license for NATIONAL CITY LITTLE LEAGUE dance to be held in the Community Building June 25th from 3:00 to 1:45 a.m. Moved by Pinson, seconded by Reid, this be _2ranted with the exception of the custodial fees. Councilman Reid explained that Council was not granting the liquor license, that they would have to contact the ABC regarding that, but that Council would not oppose. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. CONSENT CALENDAR The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 44, dated May 10, 1977 in the amount of $71,587.02 (Warrants Nos. 57612 through 57679) was presented. Moved by Camacho, seconded by Reid, these bills be paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only, Carxiod by unanimous vote. 5/10/77 118 Prior to adoption of Resolutions, Planning Director Gerschler made a report (Item 26 on the agenda) on the California Coastal Act - 1976; and stated they are asking Council for authority to fi b an application with the State for a grant to allow the City to proceed with a coastal plan. Moved by Camacho, seconded by Pinson, the Planning Director's recommend- ation be approved. Carried by unanimous vote. Resolution No. 12,349, "RESOLUTION RELATIVE TO COASTAL ZONE MANAGEMENT PLANNING ASSISTANCE." Moved by Camacho, seconded by Reid, Resolution No. 12,349 be adopted. Carried by unanimous vote. Resolution No. 12,350, "RESOLUTION GIVING NOTICE TO VACATE AND CLOSE TWENTIETH STREET BETWEEN ROOSEVELT AND HOOVER AVENUES." Moved by Reid, seconded by Camacho, Resolution No. 12,350 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Reid. Nays: None, Abstain: Morgan. Resolution No. 12,351, "RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR BONITA GREENS." Nbved by Reid, seconded by Pinson, Resolution No. 12,351 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) Ordinance No. 5/10/77-1, "Amending Section 1 of Ordinance 1522 and Section 6.42.080 (g) of the National City Municipal Code, relating to bingo games." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Reid, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1572 (5/3/77-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-6-77, to rezone Bonita Park Unit 2 property [Assessor's Parcel No. 564-310-34] from CT-PD [Commercial Tourist -Planned Developmentjto RM-1 [Residential Multiple])." Moved by Camacho, seconded by Reid, Ordinance No. 1572 /S/3/77-1) be adopted. Carried by unanimous vote. Ordinance No, 1573 (5/3/7;-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-7-77, to rezone the northerly 150 feet of Parcel "C" of Parcel Map #3114, located at the northeasterly corner of Plaza Boulevard and future extension of "N" Avenue (portion of Assessor's Parcel No. 557-250-35), from RM-1 to CBD)." Moved by Pinson, seconded by Camacho, Ordinance No. 1573 (S/3/77-2) be adopted. Carried by unanimous vote. PUBLIC HEARING The HEARING on SPECIFIC PLAN for 20TH STREET WEST of "N" Avenue, 19TH STREET east of "L" Avenue, and "M" AVENUE NORTH of 20th Street (SP-36-76) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Directo* Gerschler stated the Planning Commission considered four alternatives (A, provides a turnaround at the west end of 20th Street)would not provide access to parcels formerly landlocked)would remove 3 to 4 parking spaces and the tot lot from the adjoining 24-unit apartment complex; B, proposes opening "M" Avenue northerly of 20th Street as a 35-foot wide street with •a cul-de-sac at its northerly end would provide access to the three formerly landlocked parcels as well as provide turnaround' for emergency vehicles) this alternate and alternate C is opposed by property owners of the parcels it was intended to serve; C, would crea9t, a through street between "N" and "L" by opening "M" Avenue north of 20th Street, and 19th Street between "L" and "M" Avenues; D, provides a turnaround for 20th Street on the south side of 20th Street at its westerly end; would not provide access to landlocked parcels; would ultimately require acquisition by the City of entire Parcel 561-290-23, to co s'truot t-uxnaxo'ud , Y-rho Plank g Cmmaai mk, recommended Alternate 10. 5/10/77 119 BILL BARTON, 2917 "M" Avenue, was present. Planning Director Gerschler displayed a map showing the area involved and Alternates A, B, C, & D and said the City Engineer prepared some alternate plans, the Planning Commission had the job of choosing the best plan and they selected Alternate D and this plan in no way affects "M" Avenue or 19th Street. GENE KELLER, 1345 E. 20th Street, was present and stated he was afraid the area would turn into a raceway. It was explained that a cul-de-sac would be created, the City is not touching 19th Street or "M"; this is a specific plan for the future. Mayor Morgan explained that Mr. Keller 's property would not be affected. No one else was present in this regard. Moved by Camacho, seconded by Reid, the Public Hearing be closed and the Specific Plan for 20th Street west of IN" Avenue, 19th Street west of "L" Avenue be approved as per the recommendation of the Planning Commission. Carried by unanimous vote. The HEARING on intention to VACATE AND CLOSE A PORTION OF 7TH STREET AND "Q" AVENUE southeasterly corner (SC-2-77) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavits of Mailing were on file. Planning Director Gerschler reported the Planning Commission recommended approval subject to the following conditions: (1) 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; and, (2) Filing with the City Clerk properly executed instruments, to the satisfaction of the City Engineer and City Attorney, granting public easements for San Diego Gas & Electic Company. No one was present in this regard. Moved by Camacho, seconded by Reid, the Public Hearing be closed and a portion of 7th Street and "Q" Avenue southeasterly corner be vacated and closed subject to the Planning Commission's recommendations. Carried by unanimous vote. NEW BUSINESS An application for on -sale beer by Michael J. McCarthy, Deli Corporation dba LUNCH BREAK CAFE, 340 W. 26th Street, Suite E, and off -sale beer and wine by Dolores & Thomas Tamoria, dba TAMMORIA'S ASIAN AMERICAN MARKET, 1736 Plaza Blvd., were presented. Moved by Camacho, seconded by Pinson, these applications be approved. Councilman Dalla asked if there was a possibility of the Lunch Break Cafe becoming a beer bar. City Attorney McLean stated he didn't know. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Dalla. Abstain: Morgan, The Director of Public Works' recommendation to approve driveway adjacent to a property line at 1605 Highland Avenue (Kobacker Stores) was presented. Moved by Pinson, seconded by Camacho, in favor of the applicant. Carried by unanimous vote. The Director of Public Works' recommendation to approve a DRIVEWAY within 12 feet of property line at 1933 "L" Avenue (Barajas -- the property owner of 1933 "L" Avenue is proposing to construct apartment units; in the design of his site plan, he is proposing to close a driveway at his south property line and construct a new drive near his north property line.) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. AB 663, amendment to section 17 of the SAN DIEGO UNIFIED PORT DISTRICT ACT (provides for the removal of a commissioner of theS.D.Unified Port District by a majority vote of the City Council which appointed such Commissioner, rather than the current 4/5 vote requirement.) was presented. Moved by Morgan, seconded by Dalla, the Council oppose this. There was discussion. Councilman Dalla stated this provides for a indefinite term and it will take three votes to remove; the Mayor's motion is to oppose that bill.. Councilman Pinson stated he likes certain portions of the bill and is opposed to others. Moved by Reid, seconded by Pinson, the motion by amended to table. Amendment failed by the following vote, to -wit: Ayes: Pinson, Reid. Nays: Camacho, pa11a, Morgan. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. 5/10/77 120 Amendment to State Education Code relating to PUBLIC LIBRARIES, SB-792 (provide more uniform library service throughout the State by encouraging and supporting cooperative services provided by library systems; all appropriations and funding would come from the State General Fund and would be disbursed to existing library systems; no monies would go to individual libraries; no funding would come from individual jurisdictions, either in the form of local contributions or increased library fund tax rates). was presented. Moved by Camacho, seconded by Pinson, this be a approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. Four recommendations of the Director of Public Works: Item 19, to approve CHANGE ORDERS 1, 2 and 3 with SEWER RECONSTRUCTION PROJECT 1 (Masanovich Const. Co. - Change Order 1, the contractor has proposed to tunnel a portion of the new sewer line in lieu of trenching at no cost to project; 2, the contractor has proposed to place Portland Cement concrete in lieu of aggregate base at no cost to project; 3, the contractor has requested a time extension of 21 days due to delays caused by weather, material delivery and traffic control;) Item 20, to approve CHANGE ORDER 2 to SEWER RECONSTRUCTION PROJECT 2 (Artukovich - the contractor has proposed that various mains be tunneled in lieu of trenched at no cost to the project;) Item 21, to approve CHANGE ORDERS 2,3, 4, 5,and 6 to SEWER RECONSTRUCTION PROJECT 3, (Kordick & Son, Inc. -- Change Order 2 allows reconstruction of 75 feet of clay sewer pipe and a manhole base in order to clear underground water main conflicts, at an increased cost of $2,000; 3, allows tunneling in lieu of trenching at no cost change to contract; 4, allows for labor and material to locate a sewer lateral which was not located according to office records; 5, allows contractor to locate new sewer line over existing sewer at no cost increase to contract; 6, allows replacement of deteriorated drain at cost of $795.08); Item 22, to approve CHANGE ORDER 4 and 5 to SEWER RECONSTRUCTION PROJECT 4, CHANGE ORDER 1 to SEWER RECONSTRUCTION PROJECT 5, and CHANGE ORDER 1 to SEWER RECONSTRUCTION PROJECT 6 (Carver Corp. - Change order 4 allows for concrete encasement at a cost of $9.85 per foot; 5 allows tunneling in lieu of trenching at no cost to the contract; Change Order 1 to Project 6 allows tunneling in lieu of trenching at no cost to contract.) Moved by Camacho, seconded by Reid, Items 19, 20, 21 and 22 be approved. Moved by Pinson, seconded by Camacho, the motion be amended to delete #6 of item 21. Amendment carried by unanimous vote. Motion carried by unanimous vote. The Director of Public Works' recommendation to approve CHANGE ORDER No. 1 to EUCLID AVENUE WALL PROJECT (1911 Act improvement) Division Street to 4th Street (Change Order 1 contains three items, 8, 9 and 10: Item 8 covers the extra cost of installation of electrical service for the irrigation system, as service indicated on plan was not avail- able per regulations of San Diego Gas & Electric Co., cost $500.00; Items 9 and 10 were added to accommodate existing filed conditions, they were previoLy and funded by Res. 12,190 to the extent of $7,450.00.)/Moved by Pinson, seconded by Camacho, in favor of the recommendation. Councilman Reid asked City Engineer Hoffland if the end was in sight of change orders regarding this wall; this has turned out to be the most expensive wall in National City. City Engineer Hoffland stated this completes negotiations with the contractor. Mr. Hoffland stated the cost so far for the wall is $64,583.60. Motion carried by unanimous vote. The Director of Public Works' recommendation to award bid to Griffith Company for 1911 Act Improvement of alley between 17th & 18th, Hoover and Coolidge and City Clerk's report of opening of sealed bids. (Two bids were received: Griffith Company, $7,870.50; and, T. B. Penick & Sons, Inc., $8,114.76.), the City Engineer's estimate was $7,870.50 for the work were presented. Moved by Pinson, seconded by Reid, in favor of the recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid_ Nays., None. Abstain: Morgan. 5/10/77 121 WRITTEN COMMUNICATIONS League of California Cities Legislative Bulletin #16-1977 was presented. Moved by Pinson, seconded by Reid, Council oppose Item 7. (Item 7 is AB 1455, mandating elections be districts, and requiring council members in all general law cities with a population of 15,000 or more to be elected by district.) Carried by unanimous vote. OTHER BUSINESS CITY MANAGER City Manager Gill requested Council confirm the appointment of William Wright as Fire Chief effective May 16, 1977. Moved by Camacho, seconded by Pinson, in favor of the appointment. Carried by unanimous vote. Chief Wright was in the audience and was introduced. CITY ATTORNEY- No report. OTHER STAFF - No report. PLANNING The January 1, 1977, National City Certified estimated total population (prepared by the Calif. State Department of Finance) of 46,650 (up 1,750 over 1976) was presented. Ordered filed by unanimous vote. City initiated Ordinance to add planned residential unit development (PRUD) zoning to property on the west side of Rachael Avenue, 2600 block, (2C-11-77) (This proposed zone change to add PRUD zoning on subject property would allow for the development of a 32-unit condominium project) was presented. Planning Director Gerschler stated this would direct the City Attorney to bring la an Ordinance at next meeting for adoption to alb this project. Laved. by Pinson. sued by Camaebm, for approval.. Carried by unanimous vote, CTTY COUNCIL Ccms<ilman Della asked if all problems have been resolved regarding the final map for Bonita Greens subdivision. Planning Director Gerschler stated two bonds required have been posted. Councilman Camacho asked Council permission to have the San Diego Metropolitan Development Board staff make a short presentation at a . future Council meeting. Moved by Pinson, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. Mayor Morgan called an Executive Session on personnel matters and pending litigation at 8:10 p.m. Council reconvened at 9:20 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Abseftt: None. Moved by Camacho, seconndad.by Pinson, the meeting be closed. The meeting closed at 9 : 21 p.m. Cm (( CITY CLERK CITYkOF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City.,_ Cali .rni.a., at the .regular meeting of May 17, 1977. 9 Corrections CITY OF NATIONAL CITY, CALIFORNIA 5/10/77