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HomeMy WebLinkAbout1977 10-18 CC MIN249 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NIA OCTOBER 18, 1977 The regular meeting of the City Council of the City of Nati© was called to order at 7:30 p.m. by Mayor Morgan. nal City ROLL CALL Council members present: Camacho, Dalla, Reid, Morgan. Absent: Pinson. Administrative officials present; Campbell, Gerschler Hoffland, McCabe, McLean. , Gill, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gil followed with invocation by Chaplain Bill Ward, Paradise Valle Hos itl Y p al. APPROVAL OF MINUTES Moved by Reid, seconded by Dalla, the minutes of the regular meeting of October 11 77 19brove e d. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan presented a 20-year service pin to Robert Onley, Civil Engineering Associate. Mayor Morgan congratulated Mr. Onley and complimented him on the fine job he has done for the City in processing 1911 Acts. City Clerk Campbell read the Mayor's proposed proclamations "UNITED WAY/CHAD, COMBINED CAMPAIGN MONTH," October, 1977 and "UNITED NATIONS DAY," October 24, 1977. Moved by Camacho, seconded by Reid, these proclamations be adopted., Carried by unanimous vote. Absent: p son. Mr. Jones accepted the proclamation on behalf of United Nations Day. Y MAYOR'S APPOINTMENTS Mayor Morgan's recommended re -appointment of Mrs. Felicitas Baker to the Library Board of Trustees and appointment of Michael Dalla to the LAFCO's Cities Advisory Committee were presented. Moved by Camacho seconded by Reid, in favor of the Mayor's recommendations. Carried�b unanimous vote. Absent: Pinson. Y PUBLIC ORAL COMMUNICATIONS - No one spoke. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council b title only. Carried by unanimous vote. Absent: Pinson Resolution No. 12,497, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SETTING A TIME AND PLACE FOR A JOINT PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY A THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON AAD REDEVELOPMENT PLAN AND A RELOCATION PROGRAM FOR THE E.J. CHRISTMAN BUSINESS & INDUSTRIAL PARK REDEVELOPMENT PROJECT, AMENDING NO. II PROVIDING FOR JOINT NOTICES OF SAID HEARING." Moved by Camacho AND seconded by Reid, ResolutiNo. 9 on l2 unanimous vote. Absent: Pinson.497 be ado ted. Carried by 10/18/77 250 Resolution No. 12,498, "RESOLUTION APPROVING A PROPOSED ANNEXATION OF TERRITORY TO THE CITY OF NATIONAL CITY DESIGNATED "HANDLER ANNEXATION." Moved by Reid, seconded by Camacho, Resolution No. 12,498 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,499, "RESOLUTION DECLARING WITHDRAWAL FROM SWEETWATER LOCAL FIRE DISTRICT (Handler Annexation)." Moved seconded by Reid, Resolution No. 12,499 be adopted. Carried unanimous vote. Absent: Pinson. Resolution No. 12,500, "DEDICATION STREET PURPOSES (Rachael Street)." Resolution No. 12,500 be adopted. Pinson. LOWER by Camacho, by OF CITY OWNED PROPERTY FOR PUBLIC Moved by Reid, seconded by Dalla, Carried by unanimous vote. Absent: Resolution No. 12,501, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - C.I.P. Venture - Southport Way)." Moved by Reid, seconded by Camacho, Resolution No. 12,501 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,502, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Southport Way)." Moved by Reid, seconded by Camacho, Resolution No. 12,502 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,503, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Don E. Norman & D. Jeanne Norman - 24th St.)." Moved, by Camacho, seconded by Reid, Resolution No. 12,503 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,504, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (24th Street)." Moved by Reid, seconded by Camacho, Resolution No. 12,504 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,505, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Don E. Norman & D. Jeanne Norman - "I" Ave.)." Moved by Reid, seconded by Camacho, Resolution No. 12,505 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,506, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES ("I" Avenue)." Moved by Camacho, seconded by Reid, Resolution No. 12 506 beado ted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,507, "RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING THE BLOCK GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN -SPACE AND RECREATION PROGRAM." Moved by Camacho, seconded by Reid, Resolution No. 12,507 be adopted.. Carried by unanimous vote. Absent: Pinson. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Reid, these Ordinances be presented by title only. Carried by unanimous vote. Absent: 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 "N" Ave. and Palm Ave. within 900 and 1000 blocks.)" Moved by Morgan, seconded by Dalla, Ordinance No. 9/20/77-1 be adopted. Motion failed, by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. Moved by Dalla, seconded by Morgan, this Ordinance be put back on the Agenda next week. Carried by unanimous vote. Absent: Pinson. 10/18/77 251 Ordinance No. 1599 (18/11ft;-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-15-77, to rezone vacant property having 260 feet of frontage on south side of Sweetwater Road and adjoining the east side of the property at 3110 Sweetwater Road [Assessor's Parcels 564-300-06 and 564-320-03] from RM-1-PD iMultiple Family Residential -Planned Development] to RS-2-PUD [Single Family Residential -Planned Unit Development])." Moved by Morgan, seconded by Dalla, Ordinance No. 1599 18 11 ;?-1 be adopted. Carried by unanimous vote, Absent: Pinson. Ordinance No. 10/18/77-1, "Adopted as an interim/urgency zoning ordinanci pursuant to Sec. 65858 of the California Government Code, to spec- ifically limit the quantity and design of new apartment house projects on certain designated properties throughout the City." Moved by Morgan, seconded by Reid, almotagin.giput on the Aoenda for next week. Carried by unanimous vote. Absent:pimsoi='------- Ordinance No. 1600 (149/14/;?-2), "AN ORDINANCE AMENDING ORDINANCE NO. 1593 PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE (2C-13-77, to rezone certain properties bounded by 8th, Harbison, Olive, and Plaza including certain properties south of Plaza Boulevard and east of Harbison Avenue and the property at 3423 Plaza Blvd. from CL-PD Commercial Limited -Planned Development] to CBD-PD [Central Business District -Planned Development])." Moved by Camacho, seconded by Reid, Ordinance No. 1600 (1Q/Ig/w7-2) be. adopted. Carried by unanimous vote. Absent: Pinson. PUBLIC HEARINGS The hearing on the report and assessments of the 1977 WEED ABATEMENT Program was held at this time. City Clerk Campbell stated the Affidavit of Mailing Notice of Public Hearing was on file. Fire Inspector Stephen G. Davis was present and reported on the program: approximately 850 citizens were contacted regarding fire hazards on their property and 26 lots were cleaned by the contractor; contract expense was $2,325, Administrative Expense $162, for a combined total of $2,412. Mr. Davis stated one parcel, No. 557-410-03 had been billed in error; the parcel which was cleaned was next to the parcel that was notified; the contractor cleaned the wrong parcel and the other parcel was cleaned by the owner, the owner was billed $70.00 and that amount was stricken; the only protest received was from the California -American Water Company and that was corrected by sending the bill to the Sweetwater Authority. MARIE HARRY, 1503 Palm Avenue, was present and stated she was billed for weed abatement done in 1976 and assessed on her newly purchased property (lien was not picked up in escrow search); Ms. Harry would like to have this lien removed and the bill sent to Mr. Hansen, who owned the property at the time the work was done. City Attorney McLean stated action to affirm the 1977 assessments would not affect Mrs. Harry's property; Council cannot abandon that lien; there is nothing Council can do about the property tonight unless the work was not done or the charge was incorrect. The City Attorney suggested the law pertaining to weed abatement be researched to see if there is a way of making the assessments a matter of record sooner. WALT WOLFORD, owner of the property at 1747 E. 24th Street, was present to protest the cost of the assessment; his bill came to $150.00. Fire Inspector Davis explained the procedures taken on this property and outlined steps takento arrive at the cost. Moved by Camacho, seconded by Reid, the hearinUae close and th- 1977 weed abatement ro ram a roved and 24Lttal2EIconfirmed. Carried by unanimous vote. Absent: Pinson. 10/18/77 252 NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 13 dated October 11, 1977, in the amount of $103,664.77 (Warrant Nos. 59653 through 59729) was presented. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. Application for OFF -SALE BEER & WINE LICENSE by Tic Toc Systems, Inc. dba Utotem, 2400 E. 8th Street, was presented. Moved by Reid, seconded by Morgan, this item be laid over one week. Carried by unanimous vote. Absent: Pinson. Application for OFF -SALE BEER AND WINE LICENSE by Aziz H. Putrus dba Red Bird Market, 2035 Highland Avenue was presented. Moved by Camacho, seconded by Reid, this application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays; None. Absent: Pinson. Abstain: Morgan. Application for OFF -SALE BEER AND WINE LICENSE by Julius S. Paeske, 3600-3700 Sweetwater Road was presented. Moved by Camacho, seconded by Reid, this be protested. (One of the reasons for the protest is that this is currently a vacant lot with no building plans submitted nor proposals for construction of adequate facilities.) Carried by unanimous vote. Absent: Pinson. South Bay POP WARNER FOOTBALL TEAM'S request for waiver of BUILDING RENTAL FEES (they will pay custodial fees) for an awards banquet in Kimball Community Building Annex on the evening of November 5th was presented. Moved by Camacho, seconded by Reid, this re uest beapproved. Carried by unanimous vote. National City Community Rodeo Association's request for waiver of CARNIVAL LICENSE FEES (The Association is planning to sponsor a carnival in the Montgomery Ward store parking lot, 1100 block of Highland Avenue, October 26 through 30, 1977. The purpose of this is to help raise funds for City youth projects. Staff recommends that the carnival business license fee ip the amount of $125.00 be waived; however, the Fire Department and Building Department inspection fees in the amount of $50.00 which are direct costs to the public, not be waived.) was presented. Moved by Reid, this be denied. Motion died for lack of second. Moved by Camacho, seconded by Dalla, this be 42212.1. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. Councilman Camacho stated this is not intended to waive the inspection fees. OTHER BUSINESS CITY MANAGER - No report. Staff's report on GLASS CONTAINERS IN CITY PARKS (At the October 4 meeting Council heard the suggestion submitted by the Park & Recreation Advisory Board to prohibit glass containers in City parks. It was found that cities who have attempted to regulate the use of glass containers in public areas have adopted "anti -litter" laws, primarily in the beach areas, It is staff's recommendation the Council direct the City Attorney to prepare an ordinance that would prohibit littering on public property. Moved by Morgan, seconded by Camacho, to approve PRAB's and staff's recommendation. (amended motion) There was Mai73114(77:—IGE17777;;Td7by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Absent: Pinson. CITY ATTORNEY - No report. OTHER STAFF - No report. 10/13/77 253 PLANNING Item 27, survey of AREAS ZONED FOR APARTMENTS and proposed program for limiting apartment building construction in single family neighborhoods. (laid over with Ordinance 1o/18/77-1) Item 28, REVISED TENTATIVE SUBDIVISION MAP, MORNING BREEZE, l6th Street, south side, west of Lanoitan Avenue (Gregorio); and, Item 29, FINAL SUBDIVISION MAP, LEISURE I ESTATES, 16th Street and Euclid Avenue were presented. Moved by Camacho, seconded by Reid, Item 28 and 29 be approved so this_problem can be solved. Planning Director Gerschler stated staff does recommend approval of these two items. Councilman Dalla stated he doesn't believe Council has paid enough attention to the quality of the development and whether Council is approving something that may have detrimental effects; in Council's efforts to approve single family dwellings, Council might be overlooking the fact that this particular subdivision (Morning Breeze) is going to be an asset or liability to the community; whether or not it meets the kinds of standards we like to see. Motion carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Absent: Pinson. MAYOR MAYOR MORGAN stated he would like to see the POLICE RETIREMENT issue placed on the March ballot for decision; once this law goes into effect there is nothing the people of the City or the Council can do to change it. Mayor Morgan said the current standing of police retiring at 55 years of age with 50% of their salary is very generous and the people should have a vote on a program of this magnitude. Moved by Morgan, seconded by Dalla, we place the issue of police retirement on the March ballot in 1978. There was discussion. Councilman Dalla stated when the matter was first brought up he asked if it could be placed before the electorate; if the public is unhappy with the decision of Council which approved the retirement plan, their recourse is at the ballot box, he further stated he would vote for the Mayor's motion solely for the purpose of reaffirming his opposition to the retirement plan; Council has made a valid contract and signed a Memorandum of Understanding with the Police Department and it should be honored. Councilman Camacho stated when Council voted to give a sum of money to the employees in the form of a raise or buy a new fire engine, etc., we don't have to go to the people; if we are going to begin questioning every vote regarding money we will have to take everything to the people for their approval; they have elected us to do that for them and it is our responsibility as Councilmen to run the business of the City. the majority of the Council votes for this and we should now honor that vote. Mayor Morgan stated that it is a fact that Council gave an across-the-board pay raise of $100 to the municipal employees, but if the City got in trouble, Council can reverse that; the retirement can not be done away with unless the Police Department requests it; the City is going to be saddled with that from now on;I proposed that the police should work to 55 and instead of retirement put them on some other duties that would help the City and increase their salary 25%. Motion failed, by the following vote, to -wit: Ayes: Dalla, Morgan. Nays: Camacho, Reid. Absent: Pinson. lo/18/77 254 CITY COUNCIL COUNCILMAN DALLA'S recommendations regarding POLICE RIDE -ALONG PROGRAM (Council go on record favoring the establishment of a program and direct staff to formulate an acceptable program to be implemented on a trial basis) was presented. City Manager Gill stated under the current insurance policy the City would have three years before a rate increase, if one came at that time. Asst. City Manager McCabe stated the risk the City would run at this time if they adopted this program would be an increase in rates in the future. City Attorney McLean stated the insurance we now have would cover the City against a suit by a participant in the program based on the City's liability; if the participant is injured by something or someone outside the control of the City, the participant would not be covered; extra coverage to cover this sort of thing would have to be bought on the market -place and may not be available; the public involved in this program would sign a waiver and be told they do so .at their own risk. Councilman Reid stated he is apprehensive of the program; he is aware of the situations the police face at night and is concerned about the possible suits arising out of a bad situation. City Attorney McLean suggested Council Az:2p with the hiloso h of the Ride -Along program and the City Manager and himself talk it over slth the Chief of Police to see if there is a wa to revive the ro ram and eliminate the roblems. Moved by Morgan, seconded by Camacho, we approve this along the lines the City Attorne .21.122,tEta. Councilman Dalla stated he has checked areas in the State that has these programs and they have found them to be very successful and is hopeful this can be worked out for our City. Motion carried by unanimous vote. Absent: Pinson. PLANNING COMMISSION - NOTICES OF DECISION Item 31, Planning Commission Res. No. 80-77, approving application for CONDITIONAL USE PERMIT to allow use of a two-story single family dwelling for PRIVATE AMBULANCE SERVICE at 1009 E. 3th Street, (CUP 1976-13); Item 32, Planning Commission Res. No. 81-77, DENYING WITHOUT PREJUDICE application for ZONE VARIANCE at NE corner of 12th Street and "D" Avenue (Z-18-77); Item 33, Planning Commission Res. No. 32-77, approving application for ZONE VARIANCE to REDUCE required FRONT AND EXTERIOR SIDE YARD SETBACKS to allow expansion of adjoining parking lot at NW corner of 3rd Street and National Avenue (Z-20-77); Item 34, Planning Commission Res, No. 34-77, approving application for ZONE VARIANCE to allow LOT SPLIT creating two parcels with less than required 50' of street frontage at 3121 E. 2nd Street (Z-22-77). Moved by Reid, seconded by Camacho, Items 31, 32, 33 and 34 be approved. Councilman Dalla questioned whether or not there is any control over the way the ambulances are parked under Item 31. Planning Director Gerschler stated there was no way. Councilman Dalla stated he was concerned with parking ambulances on the street and does not want to see this happen. Moved by Dalla, the motion be amended to set Item 31 for hearing, Motion died for lack of second. Motion carried, by the Absent: Pinson. following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Item 35, Planning Commission Res. 35-77, DENYING application for ZONE VARIANCE to allow NONCONFORMING WALL SIGN that does not face a street to be continued and maintained at 539 Highland Avenue (Z-23-77). The City Clerk reported an appeal was filed in regard to this matter. Moved by Camacho, seconded by Reid, this _k_e_agtjor hearin November 15. Carried by unanimous vote. Ab.sent: Pinson. 10/18/77 255 LEE MOORE, 734 Ash Street, Chula Vista, was present on behalf of the Rotary Club sponsors of the Junior Miss Program this year. Mr. Moore inquired about the City's contribution to the program. Mayor Morgan said it was in the budget. City Manager Gill stated he would be happy to discuss this with Mr. Moore. Councilman Dalla stated that the Jaycees were wondering why they no longer have the program; Mr. Moore stated the Jaycees lost their franchise. Moved by Camacho, seconded by Reid, National City Rotary Club continue to sponsor the Junior Miss Program and the City of National City allocate the same amount of money IhAltraE211gg4ted for this "nrori7ram last year. Carried by unanimous vote. Abi&IT77171;7177------------------ Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 9:10 P.M. The foregoing minutes were National City, California, 0 Corrections r-- CITY CLERK CI OF NATIONAL CITY, CALIFORNIA approved by the City Council of the City of at the regular meeting of November 1, 1977. orrections CITY OF NATIONAL CITY, CALIFORNIA 10/13/77