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HomeMy WebLinkAbout1977 06-21 CC MIN156 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 21, 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, Morgan. Absent: Reid. Administrative officials present: Campbell, Gerschler, Gill, 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. Hubert Campbell, Windsor Hills Baptist Church. APPROVAL OF MINUTES Moved by Dalla, seconded by Morgan, the minutes of the regular meetings of June 7, 1977 and June 14, 1977 be approved. Failed by the following vote, to -wit: Ayes: Dalla, Morgan. Nays: None. Abstain: Camacho, Pinson. Absent: Reid. PRESENTATIONS AND PROCLAMATIONS- None. MAYOR'S APPOINTMENTS - None. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions be presented by title only. Carried by unanimous vote. Absent: Reid. Resolution No. 12,383, "RESOLUTION APPROVING TENTATIVE PARCEL MAP (LS-10-77) (Bonita Golf Course)." Moved by Camacho, seconded by Pinson, Resolution No. 12,383 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,384, "VACATION OF A PORTION OF SEVENTH STREET AND "Q" AVENUE (SOUTHEASTERLY CORNER)." Moved by Pinson, seconded by Camacho, Resolution No. 12,384 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,385, "A RESOLUTION OF THE CITY OF NATIONAL CITY ADOPTING A MASTER PLAN FOR KIMBALL PARK." Moved by Pinson, seconded by Camacho, Resolution No. 12,385 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,386, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS, KIMBALL PARK PROJECT (Phase II and III B)." Moved by Camacho, seconded by Pinson, Resolution No. 12,086 be ac)dpted. Carried by unanimous vote, Absent: Reid. Resolution No. 12,387, "Resolution Authorizing Appropriation and Transfer of Funds for Library History/Archives Addition." Moved by Pinson, this be denied. Motion died for lack of second. Resolution to be on June 28 Agenda. Resolution No. 12,388, "RESOLUTION AMENDING RESOLUTION NO. 12,087 TO MODIFY GRADIENT REQUIREMENTS IN THE uSTANLEY ESTATES" SUBDIVISION." Moved by Pinson, seconded by Reid, Resolution No. 12,388 be adopted. Carried by unanimous vote. Absent: Reid. 6/21/77 157 ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Dalia, this Ordinance be presented by title one. Carried by unanimous vote. Absent: Reid. Ordinance No. 1580 (6/14/gg-1) "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-9-77, to rezone the property at the northeast corner of Grove Street and Sweetwater Road from RS-2-RP-OS-PD to CL-FP-PD)." Moved by Camacho, seconded by Dalla, Ordinance No. 1580 S6/14/37-1) be adopted. Carried by unanimous vote. Absent: Reid. OLD BUSINESS The South Bay Players' request for use of Kimball Community Building and Annex and waiver of rental fees (The time requested include 181 hours of building occupancy covering 41 separate dates. The Department of Building & Housing recommended approval of a similar request in the past, having been informed the group is sponsored by the City Recreation Division; they have since been informed that the information was in error and they are not a part of the Recreation Department.) was presented. Moved by Pinson, seconded by Camacho, this be denied and tha Building Department make every effort to get the keys and work a schedule for these people to ome in when the schedule permits; they should work with Building & Housing on scheduling no one should have access to the building without going through the Building Department. There was discussion. MARK ROGERS, Public Relations Officer, South Bay Players, was present and stated his organization has gone through Mr. Biggs and the Building Department for rehearsal and playing dates and they are on the schedule for this year, subject to Council's approval; in regard to the keys, the other organizations meet on very regular basis; the South Bay Players could not find someone who was willing to come down every night, four or five nights a week, and open the hall for them so they entrusted them with the key. There was further discussion in regard to policy; working a schedule out with staff; violations of rules by South Bay Players; and the South Bay Players to pay custodial fees and have a custodian present. Mr. Rogers explained some of the violations and stated they would not occur again and that they were very sorry for them happening; as a group they do not have insurance; also they would have trouble getting a bond; they simply cannot afford the custodial fees -it would put them out of business; their organization is not incorporated but they have applied for articles of association which would help them under the IRS; if they must pay the custodial fee they could not afford to use the building. CARLOS MC CALL (South Bay Players) 1147 Dixon Drive, Chula Vista, was present and stated if this is an exception it's exactly what has been done for the last six years. Mayor Morgan stated he would not be in favor of waiving custodial fees but feels the building is for the people and should be used by the people. BONNIE MERRILL, a member of the South Bay Players, was present and stated she would be willing to put up a bond for the group to cover any damage that may occur. STAN BIGGS, Director of Building & Housing, was present and stated a tentative schedule has been arranged for the South Bay Players, it now depends on the action of the City Council. Councilman Dalia stated it should be clear that this is not a personal action against the South Bay Players but rather a policy -type decision of the Council; Council had been advised the Players were part of the Recreation Department; as this is not the case, things have changed. Moved by Morgan, the motion be amended to authorize Mr. Biggs to get the keys back and approve this request except custodian fees. Motion died for lack of second. MARGUARITE CLAYBORN, 665 Myra Street, Chula Vista, a member of the South Bay Players, was present and asked the possibility of becoming part of th Recreation Department. Councilman Camacho stated Council would Lave/Consult with the Attorney to determine the feasibility of such an action; in the meantime the City is open to liability. `Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Morgan. Absent: Reid. 6/21/77 158 PUBLIC HEARING The PUBLIC HEARING to consider REPORT and any protests to actions taken by Director of Building & Housing regarding BUILDING CONDEMNATION AND DEMOLITION OF A PUBLIC NUISANCE (single family dwelling) at 229 E. 3rd Street; and that special assessment be imposed upon the real property to recover funds was held at this time. City Clerk Campbell stated the Certificate of Publication is on file and mailing was accomplished Director of Building & Housing Biggs stated eaely in May of 1975 the residence of Lorenzo and Delfina Lopez at 229 E. Third Street was seriously damaged by fire; on the 9th of May 1975 because of the unsafe condition of the building they sent a notice to the owner to either repair the building or remove it; no action was taken; other notices were sent; Mr. and Mrs. Lopez both passed away; they were then involved with dealings with the Probate Court; on March 1, 1977 final action was taken to have the building demolished after it was obvious that none of the state laws They were enforcing would be effective. Mr. Biggs continued following the regulations of the state law, they filed the notices; got bids on April 24th, three from California State Contractors; on May 6th a contract was signed with a contractor and the building was demolished. Mr. Biggs stated they heard from a nephew of the owner, Ernest Lopez who said that he could not afford to take the building down and had no objections at that time to the actions anticipated by the City. Mr. Biggs stated based on the inspections the building was in an unsafe condition and was a hazard to the people of National City; the contract was awarded to the low bidder and was done in accordance with the specifications of the bid. Mr. Biggs stated figure of $1,086 covering the actual building demolition and administrative costs is the amount to be assessed. No one was present in this regard. Moved by Camacho, seconded by Pinson, the hearin be closed and the re ort made b the Director of Bld . & Housing be accepted and the assessment be carrie out. City Clerk Campbell stated at the time they advertised they also mailed notice of hearing and amount of assessment to Ernest Lopez, executor, 206 South Drexel Avenue and to Daniel L.O. Gallardo, attorney)604 Highland Avenue; there has been no response. Motion carried by unanimous vote. Absent: Reid. OLD BUSINESS - Continued Director of Building & Housing Biggs' recommendation in regard to requests by South Bay Country Fair Association for approval of temp- orary use permit for carnival 7/6-10/77 and waiver of fees (The Fair is to be held in the South Bay Shopping Plaza as a fund-raising event. It is recommended Council approve the request for the carnival operation, and approval of the Temporary Use Permit subject to all City and state regulations.) was presented. Moved by Pinson, seconded by Camacho, in favor of the request except the request for the50.00 inspection fee that being a direct cost to the City. Carried by unanimous vote. Absent; Reid. The request of HELEN TAYLOR, 2320 E. 16th Street, a member of the SAN DIEGO YOUTH SYMPHONY, for financial assistance (The San Diego Youth Symphony has been invited by the Costa Rican government to perform at its Nations pgatro ttehe cr cost for air fare will be $325, plus other expenses.)/ Mov y Pinson, she be given $100. Motion died for lack of second. Moved by Morgan, seconded by Camacho, she be given $250. Motion failed, by the following vote, to -wit: Ayes: Camacho, Morgan. Nays: Dalla, Pinson. Absent: Reid. Councilman Camacho stated several years ago the City helped send two Japanese -American members of the Youth Symphony to Europe and we contributed considerably more money than this to go to Costa Rica; we give money to the Little League and other organizations; we should be as generous in this case. City Manager Gill stated Miss Taylor would be an outstanding represent- ative from the City; she is an A student and would be the number one flutist in the orchestra. Moved by Camacho, seconded by Morgan, she be given $200.00. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan, Nays: D-alla. Absent: Reid. 6/21/77 159 NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 50, dated June 21, 1977, in the amount of $34,644.5C (Warrant Nos. 58001 through 58079) was presented. Moved by Camacho, seconded by Pinson, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Absent: Reid. Director of Building & Housing Biggs' recommendation to approve use of MEMORIAL BOWL on 8/28/77 by the SAN DIEGO SYMPHONY ORCHESTRA (The Association plans to present a one hour concert followed by a display of fireworks; work required by City -forces for this event would be minimal consisting of roping off a section of the park.) was presented. Mr. Biggs stated this organization has its own stage and sound equip- ment. Moved by Pinson, seconded by Camacho, in favor of the recommend- ation. Carried by unanimous vote. Absent: Reid. Director of Building & Housing Biggs' recommendation to approve the request from the NATIONAL CITY COMMUNITY RODEO ASSOCIATION, Inc., for WAIVER OF BUILDING RENTAL fees except custodial fees the evening of August 20, 1977 to hold a Rodeo Queen Dinner was presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by unanimous vote. Absent: Reid. Modifications to SAN DIEGO TRANSIT Routes 12 and 13 (At the June 14, 1977 meeting the Council requested that additional modifications be made to these routes. The modifications are [1] effective September 4, 1977, Route 13 will be reduced to hourly service and routed from 21st Street and "L" Avenue via 21st Street, "I" Avenue, 24th Street, Highland Avenue, 30th Street and regular route. This change in routing adds about $6,000 to the LTF cost; [2] effective September 4, 1977, Route 12 will be reduced by four round trips daily instead of the five round trips that were approved. This change will add about $8,000 to the LTF cost.) was presented. Moved by Pinson, seconded by Camacho, in favor of the modifications. Councilman Dalla questioned spending $6-8,000 not to use "L" Avenue saying this may not be the wisest expenditure of the public's money. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Absent: Reid. Item 18, CLAIM FOR DAMAGES from FRANK HOEHNER alleging damage to vehicle June 8, 1977; Item 19, CLAIM FOR DAMAGES from GILBERTO CARBAJAL alleging injury March 5, 1977; and, Item 20, CLAIM FOR DAMAGES from LILLIAN A. FISCHER alleging injury March 5, 1977. Moved by Camacho, seconded by Pinson, these claims be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Reid. Director of Building & Housing Biggs' recommendation regarding BUILDING RENTAL POLICY, KIMBALL COMMUNITY BUILDING (It is recommended that Rule 18 of the City Building Rental Policy relating to Group Classifications be amended to include "FAMILY GROUPS" in the "SPEICAL INTEREST GROUPS" classification, to read as follows: FAMILY GROUPS AND OTHER SPECIAL INTEREST GROUPS: Family units requiring large facilities for special events including receptions and parties; special interest groups and non-residential groups [less than fifty percent National City residents] including employee associations and fund-raising events to perpetuate private or special interests. Groups within this classification are encouraged to patronize privately -owned meeting halls. However, any group within this classification having been denied the use of the facilities by the Director of Building & Housing may appeal the decision to the City Council.") was presented. Moved by Pinson, seconded by Camacho, in favor of the recommendation. Vice Mayor Pinson speaking of the building damage which precipitated the change in policy said the custodian called the police; when the custodian reports to the police that a buiJdi.no is being_ clamla i. itam tia� 1r7 eax tha,t building 6/21/77 160 out if they have to call in reserves to do it, Councilman Camacho stated he can't understand why the police didn't go down and clear things out at the very start of problems. Mr. Pinson said the police should respond when called by a custodian. Councilman Dalla stated that something has to be said for the fact that if you took all the police and reserves the City had and confronted the people who had been drinking, the potential for personal injury to either the police officers or by-standers is intense; you can replace a burn in the floor but the other would be more of a problem. Vice Mayor Pinson stated this wasn't his intent; the police were called and they said that if it got out of hand they would respond, but they won't respond just because they're damaging the property; that doesn't sound like it's in the best interest of the citizens of National City. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Nays: Morgan. Absent: Reid. WRITTEN COMMUNICATIONS CITIES The LEAGUE OF CALIFORNIA/LEGISLATIVE BULLETIN dated June 20, 1977 was presented. Ordered filed by unanimous vote. Absent: Reid. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING AMENDMENTS to Appendices D & E of NATIONAL CITY LAND USE CODE (A-2-77 and A-3-77) as outlined on Document No. 59845 (on file in the office df the City Clerk) was presented. Moved by Camacho, seconded by Pinson, these amendments to the Land Use Code be approved. Carried by unanimous vote. Absent: Reid. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 48-77, DENYING APPLICATION FOR ZONE VARIANCE to allow development of one additional dwelling unit on a lot now used for two detached single family dwellings (one dwelling to be razed and a duplex constructed) making a total.of three dwelling units on property at 2939 and 2943 Ridgeway Drive (Z-8-77) was presented. Ordered filed by unanimous vote. Absent: Reid. MAYOR MAYOR MORGAN asked if the sewer contracts were shut down due to the strike. City Manager Gill stated Kordick & Sons were working. CITY COUNCIL Vice Mayor Pinson inquired about his requested report on 17th Street, resurfacing that area in the vicinity of "M" and "N". City Manager Gill stated he and the City Engineer have looked at the area and there appears to be no easy solution. Vice Mayor Pinson reported on the LAFCO Citizens' Advisory Committee. Moved by Pinson, seconded by Camacho, we notify LAFCO that the City would like to keep the Citizens' Advisory Committee intact. Carried by unanimous vote. Absent: Reid. Vice Mayor Pinson stated that they have been unable to get a quorum; and one of the questions being asked is that the City will have a representative available to attend every meeting that is scheduled. It was determined City Manager Gill was the city's alternate. Mayor Morgan called an Rmcec.utive Srrs.sion on porsonp421 matters at 8:25 p.m. 6/21/77 161 The meeting reconvened at 9:05 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Morgan. Absent: Reid. Moved by Camacho, seconded by Pinson, the meeting be closed. The meeting closed at 9:06 p.m. CITY CLERK CIT? OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular mting of July -5'; 1977. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 6/21/77