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HomeMy WebLinkAbout1977 09-20 CC MIN235 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 20, 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: Dalla, Reid, Morgan. Absent: Camacho, Pinson. Administrative officials present: Gerschler, Gill, Hoffland, Kulikowski, 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. Alan Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Dalla, seconded by Reid, the minutes of the regular meeting of September 6, 1977 and September 13, 1977 be approved. Carried by unanimous vote. Absent: Camacho, Pinson, PRESENTATIONS AND PROCLAMATIONS Deputy City Clerk Kulikowski read the Mayor's proposed proclamation "WILBUR BRADLEY DAY, September 28, 1977." Moved by Dalla, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. MAYOR'S APPOINTMENTS MAYOR MORGAN'S proposed reappointment of Earl T. Roberts to the Civil Service Commission and the appointment of Cliff Bailey to the Traffic Safety Committee were presented. Moved by Reid, seconded by Dalla, the appointments.be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. PUBLIC ORAL COMMUNICATIONS JOE CRANE, 2430 Seagram Drive, Chairman of the CBers Muscular Dystrophy Drive in National City, was present and gave Council a report on their activites to raise funds. Mr. Crane stated the Muscular Dystrophy Association told them it was the biggest single fund raising event in the county outside of Channel 10 news anl the biggest single event on the west coast by citizens' band people; there were no complaints about the activities and they were able to present the Association with a check for $11,000. Mayor Morgan congratulated Mr. Crane and stated he had done and excellent job. TOM MCFADEN, 1325 26th Street, President, National City Jaycees, was present and requested Council sponsor Miss National City in the Miss Baja contest to be held October 20-23, 1977 for a total cost of $160.00. Moved by Reid, seconded by Morgan, this request be approved. There was discussion. Motion failed, by the following vote, to -wit: Ayes: Morgan. Nays: Dalla, Reid, Absent: Camacho, Pinson. ADOPTION OF RESOLUTIONS Moved by Reid, seconded by Dalla, these Resolutions be read by title only. Carried by unanimous vote. Absent: Camacho, Pinson. 9/20/77 236 Resolution No. 12,473, "RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF UNDERGROUND UTILITY DISTRICTS ON NATIONAL AVENUE BETWEEN 8TH AND 12TH STREET, DISTRICT 7 AND ON NATIONAL AVENUE BETWEEN 4TH AND 8TH STREET, DISTRICT 8." Moved by Reid, seconded by Dalia, Resolution No. 12,473 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,474, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Jack Batchelor and Melba R. Batchelor, Plaza (a) "N") ." Moved by Reid, seconded by Dalla, Resolution No. 12,474 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,475, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A portion of "N" Avenue)." Moved by Dalla, seconded by Reid, Resolution No. 12,475 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,476, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Palm Homes, Inc. 2915 "Err)." Moved by Reid, seconded by Dalia, Resolution No. 12076 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,477, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE CONVEYANCE OF CITY OWNED PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR SENIORS HOUSING FACILITIES AND FOR OTHER PUBLIC PURPOSES." Moved by Reid, seconded by Dalla, Resolution No. 12,477 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,478, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR ACQUISITION OF DRAINAGE EASEMENTS AND ACCEPTING CONVEYANCE OF SAID REAL PROPERTY (Paradise Creek -w 16th to National, Dembo, Colonial Ford, Inc.)." Moved by Reid, seconded by Dalla, Resolution No. 12,478 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,479, "RESOLUTION ABANDONING PROPOSED IMPROVEMENT PROJECT (Granger Avenue between 24th Street to Leonard Street, Assess- ment District No. 189)." Moved by Reid, seconded by Dalla, Resolution No. 12,479 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. Resolution No. 12,480, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR FINAL PAYMENT OF CITY CONTRIBUTION TO CONTRACTOR FOR EUCLID AVENUE CONTRACT." Moved by Reid, seconded by Dalla, Resolution No. 12,480 be adopted. Carried by unanimous vote. Absent: Camacho, Pinson. ADOPTION OF ORDINANCES (first reading) Moved by Dalla, seconded by Reid, this Ordinance be read by title only - Carried by unanimous vote. Absent: Camacho, Pinson. Ordinance No. 9/20/77-1, "To add planned development combining zone to certain real properties zoned RM-1 and adopting said ordinance as an interim zoning ordinance and as an urgency ordinance. (Between '8N/" Avenue and Palm Avenue within 900 and 1000 blocks.) 9/20/77 PUBLIC HEARING 237 The HEARING on intention to vacate and close a portion of Wilson Avenue between l2th and 13th Streets (SC-6-77) was held at this time. Deputy City Clerk Kulikowski stated the Certificate of Publication was on file. Planning Director Gerschler stated the Planning Commission recommends in favor of the vacation, subject to five conditions: (1) City Council acceptance and approval of an Agreement between the City and Vernon Myres providing for: [a] cul-de-sac be moved northerly to the satisfaction of the City Engineer within a period of one year following adoption of such resolution; (2) the posting of a suitable bond with the City Treasurer, in an amount estimated by the City Engineer to be sufficient to guarantee completion of the work described in said Agreement; (3) filing with the City Clerk properly executed instruments, to the satisfaction of the City Engineer and City Attorney, granting public easements for: [a] sewer; [bj surface drainage structures; [c] water mains; (4) City Council review and acceptance of plans showing how the vacated street will be used; (5) 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. No one spoke in this regard. Moved by Reid, seconded by Dalla, the public hearing be closed and the vacation approved. Carried by unanimous vote. Absent: Camacho, Pinson. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 9 dated September 20, 1977 in the amount of $119,951.98 (Warrant Nos. 59397 through 59456) was presented. Moved by Reid, seconded by Dalla, this be approved. Carried by the following vote, to -wit: Ayes: Dalla, Reid, Morgan. Nays: None. Absent: Camacho, Pinson. Item 13, Application of The Straw Hat Restaurant Corporation dba Straw Hat Pizza, 1838 Sweetwater Road for an on -sale beer and wine, eating place LIQUOR LICENSE; Item 14, Application of Warren W. Woods dba Golden Pheasant, 215 Highland Avenue, for an on -sale beer LIQUOR LICENSE; and, Item 15, Application of The Southland Corporation dba 7-Eleven #18978, 3100 Plaza Blvd. for an off -sale beer and wine LIQUOR LICENSE were presented. Moved by Reid, seconded by Dalla, these applications be approved. Carried, by the following vote, to -wit: Ayes: Dalla, Reid. Nays: None. Abstain: Morgan, Absent: Camacho, Pinson. A CLAIM FOR DAMAGES from Carolina Sepulveda Escobar et al based on the alleged wrongful death of her husband Jose Angel Escobar on or about July 19, 1977 was presented. Moved by Dalla, seconded by Reid, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho, Pinson. Director of Public Works' 1911 ASSESSMENT PROCEEDING REPORT on Avenue between 24th Street. to 26th Street was presented. Petitions of 53% of the benefit area adjacent to "I" Avenue had been received requesting grade, 2" A.C. on base, curb, drain and right-of-way improvements. City Manager stated an additional petition had been received raising to 70% the number of residents in favor of the 1911 Act and he recommends approval. Moved by Dalla, seconded by Reid, the petition be accepted and refer matter to staff for further action. Carried by unanimous vote. Absent: Camacho, Pinson. A 1911 Act PETITION for STREET IMPROVEMENTS on Roosevelt, 20th to 21st Streets was presented. The petition calls for grading, base, paving and curb in the affected area. Moved by Reid, seconded by Dalla, the petition be accepted and referred to staff. Caxried, by the following vote, to -wit: Ayes: Dalla, Reid. Nays: None. Abstain: Morgan. Absent: Camacho, Pinson. 9/20/77 238 Director of Public Works' recommendation to approve DEFERRAL of SIDE- WALK AT 231 North "U" Avenue (Sittner) was presented. The property owners, Mr. & Mrs. Sittner, has applied for the deferral of require- ments to construct a sidewalk in front of their residence; if constructed, the sidewalk would require the removal of a tree and a hedge and would be the only sidewalk on this portion of the block. Moved by Reid, seconded by Dalia, in favor of the recommendation. Carried by unanimous vote. Absent Camacho, Pinson. Director of Public Works' recommendation to approve DEFERRAL of CURBS, SIDEWALK & DRIVEWAY at 2427 Van Ness (Myers) was presented. The property owners have applied for a 10-year deferral; no curbs or walks exist adjacent to the Myers property and Van Ness in not constructed of permanent pavement. A 1911 Act improvement would provide a better method of completing street improvements for the overall area. Moved by Dalla, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. Absent: Camacho, Pinson. Director of Public Works° recommendation to approve DEFERRAL of STREET IMPROVEMENTS, 3300 block of E. 19th Street (Pardo) was presented. Mr. Pardo has an obligation under parcel map requirements to improve 19th Street with the construction of curbs, sidewalk§ driveways, and '-2 street width paving; there is currently a 67% petition in favor of a 1911 Act for street improvements on 19th Street. The Director of Public Works' recommends the deferral be granted subject to property owners signing a Covenant not to protest a 1911 Act for street improvements on 19th Street. Moved by Reid, seconded by Dalla, in favor of recommendation. Carried by unanimous vote. Absent: Camacho, Pinson. Director of Public Works' recommendation to approve DRIVEWAY adjacent to property line, 815 Highland Avenue (Burger King) was presented. The applicant wishes to provide a drive-thru exiting onto Highland Avenue and as proposed it would be closer than eleven feet from the side lot line. Because of the heavy traffic on Highland Avenue it is recommended that a "No Left Turn" sign be posted at the exit. Moved by Reid, seconded by Dalla, this be approved subject to the condition of "No Left Turn" sign. Carried by unanimous vote. Absent: Camacho, Pinson., City Manager Gill's recommendation regarding EXTRA PAY COMPENSATION for certain police department classifications and STANDBY COURT TIME, police officers was presented. The classifications involved are Dog Handlers, Vehicle Abatement, Video Equipment and Record operators and Photo and Crime Lab Technician. An additional pay of 3% for the first three classifications has been in practice for some time. It is recommended that the Dog Handler pay be increased from 3% to 6% of salary. The total annual cost for the first three positions would be $2,750; this is in lieu of overtime because these duties are carried on in off -duty times. It is recommended that the Photo & Crime Lab Technician be hired on a "permanent part-time" basis at $75.00 per week. As regards Standby Court Time, the M.O.U. with the Police Officers Association does not cover standby court time; consequently, many officers have been greatly inconvenienced by being required to standby on their off -duty time when in fact they are never subpoenead. Police Chief Kanagy's suggested policy is that (1) an officer may work 0700 to 1700 and go to court when called; he shall receive straight time pay or may place time on "books" to be taken at later date; and, (2) officers will receive two hours overtime for "standby" in addition to any court time involved if he is called to court. This suggested policy is recommended for approval by the City Manager. The cost would amount to approximately $400.00 annually. This policy, if approved, would be in effect until the next M.O.U. is agreed upon and would be re -negotiated at that time. Councilman Dalia questioned 9/20/77 239 the need for making these adjustments. City Attorney McLean stated the City must take some action regarding this and it can either pay overtime, hire people to work the extra shifts or accept this proposal. Moved by Reid, seconded by Morgan, the recommendations be approved. Carried by unanimous vote. Absent: Camacho, Pinson. Assistant to the City Manager Bailard's report on OPENING OF SEALED BIDS, Kimball Park Tot Lot and Zoo was presented. The Deputy City Clerk opened bids at 3:00 p.m, September 15, 1977 the results of which are as follows: T.B. Penick, base,bid, $249,921; alternates, $35,460; total, bid $285,381; James J. Wermers Construction Company, base bid, $231,965; alternates, $54,768; total bid, $286, 733. The architects estimate of the work was: base bid, $124,882; alternates, $28,561; total, $153,443. The City continues to experience erratic and unusual bidding in its public works contracts; the architect is of the opinion that while the zoo requires certain specialized construction, costs are escalating rapidly due to the high level of construction activity in the county at the present time. Members of staff have met with the architect and discussed alternate methods of implementing zoo construction with the funds available; at the present time, it appears that it will be necessary to re -analyze the design and perhaps eliminate certain features in order to bring costs within the budgeted $140,230 for construction. It is staff's recommendation to reject all bids, instruct staff to e lore design features and re -bid the project at a later date, Mayor Morgan stated that the time seems to have come where costs have caught up with the City; we're not going to get much cheaper bids and the City is going to have to figure on going ahead and letting these contracts out at the figures given; it is estimated that the cost of building is going up 5% a month; the time has come when the City is going to have to "bite the bullet", City Manager Gill stated the City is going to have to concern itself with its estimating process; this project came in at 86% over estimate. Moved by Reid, seconded by Dalla, in favor of the staff recommendation. Carried by unanimous vote, Absent: Camacho, Pinson. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY .. No report, OTHER STAFF - No report. PLANNING Item 26, tentative subdivision map, The Willows (condominiums), NE corner of 12th Street and "D" Avenue (D.M.D. Devclopment Co.); Item 27, tentative subdivision map, South Scape Condominiums, north of 16th Street, east of Palm Avenue. Planning Director Gerschler stated the Planning Commission and staff recommends approval of these tentative subdivision maps. Moved by Reid, seconded by Dalla, items 26 and 27 be approved as recommended. Carried by unanimous vote.Absent: Camacho, Pinson. Item 23, survey of areas zoned for apartments and proposed program for limiting apartment building construction in single family neighbor- hoods. Moved by Morgan, seconded by Dalla, this item be deferred until the full Council is present,. Carried by unanimous vote. Absent: Camacho, Pinson, MAYOR MAYOR MORGAN stated Councilman Reid voted against the Marine Sanctuary 9/20/77 240 at a meeting of CPO; I support that vote because the government should be able to drill oil wherever they think it is located. CITY COUNCIL COUNCILMAN DALLA asked the City Manager to check on the lights at the corner of Plaza and "D". PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 73-77, approving application for CONDITIONAL USE PERMIT to allow a room addition that will encroach 5' into required 25' rear yard setback at 2803 Plaza Blvd. (CUP 1977-19) Moved by Reid, seconded by Dalla, the meeting be closed. Carried by unanimous vote. Absent: Camacho, Pinson. The meeting closed at 8:10 p.m. Ione Campbell, City Clerk The foregoing minutes were approved at the regular meeting of the City Council of the City of National City, California on October 4, 1977. EICorrections EriC) corrections tee MAYOR CIT OF NATIONAL CITY, CALIFORNIA 9/20/77