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HomeMy WebLinkAbout1976 02-17 CC MIN29 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 17, 1976 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: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by Pastor W.V. Prindle, High- land Avenue Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetingof Februar 3 19'76 and Februar 10 1976 be roved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented by title only. Carried by unanimous vote. Resolution No. 11,975, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Dorothy M. Huey)," Moved by Reid, seconded by Camacho, Resolution No. 11,975 be adopted. Carried by unanimous vote. Resolution No. 11,976, "RESOLUTION ADOPTING METHODS AND PROCEDURES TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS FOR THE CONTROL OF A HISTORICAL FLOOD IN THE SWEETWATER RIVER VALLEY ADJACENT TO THE E.J. CHRISTMAN INDUSTRIAL PARK." Moved by Pinson, seconded by Dalla, Resolution No. 11,976 be adopted. Carried by unanimous vote. Resolution No. 11,977, "RESOLUTION ENDORSING THE CONTINUATION OF THE COLORADO RIVER BOARD." Moved by Reid, seconded by Camacho, Resolution No. 11,977 be adopted. Carried by unanimous vote. Resolution No. 11,978, '*RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Plaza Boulevard, Palm Avenue to Harbison Avenue, Specification No. 842)." Moved by Pinson, seconded by Reid, Resolution No. 11,978 be adopted. Carried by unanimous vote. Resolution No. 11,979, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (9th Street Sewer Specification No. 844). Moved by Camacho, seconded by Reid,- Resolution No. 11,979 be adopted. Carried by unaimous vote. Resolution No. 11,980, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE COMMITTEE TO ELECT ERNIE AZHOCAR." Moved by Reid, seconded by Camacho, Resolution No. 11,980 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Reid, the Ordinances for first read- ing be by title only. Carried by unanimous vote. 2/17/76 3Q Ordinance No. 2/17/76-1, "An Ordinance to Establish Procedures for Initiating Amendments to the General Plan and Specific Plans of the City of National City.l. Ordinance No. 2/17P6-2, "An Ordinance of the City of National City, California adopting, by Reference, the National City Land Use Code and Specifically Repealing Certain Other Ordinances of Said City." Moved by Pinson, seconded by Camacho, set a date for a Public Hearin9 on March 16, 1976 to consider the adoption of this in the National City Star News on February 26 and March 4, 1976. Carried by unanimous vote. REPORT OF CITY ATTORNEY - No further report. REFERRALS The Director of Building and Housing's report on public use of neighborhocd recreation buildings (Kimball, Casa de Salud & El Toyon Community Bldgs.) was presented. Ordered filed by unanimous. vote. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION of payment of BILLS in the amount of $60,665.36 (Warrant Register No. 33, Warrants Nos. 53709 through 53796) was presented. Moved by Pinson, seconded by Camatho, in favor of the request. Carried by the following vote, to -wit t Aye: Camacho, Dana, Pinson, Reid, Morgan. Nays: None. CLAIMS against the City (Juana Lopez and Richard A. Hernandez) were presented. Moved by Camacho, seconded by Reid, these be denied and referred to the City Attorney. Carried by unanimous vote. The Director of Public Works recommendation to approve a DRIVEWAY 2' from property line between 1202 and 1204 Division Street (Hart) was presented. Moved by Pinson, seconded by Reid, in favor of the Director's recommendation. Carried by unanimous vote. The Director of Public Work's recommendation to approve Change Orders 1, 2, and 3 to the contract with R.E. Hazard Contracting Co. for the improvement of Grove Street, Specification #787 was presented. Moved by Reid, seconded by Pinson, in favor of the Director of Public Works recommendation and it be approved. Carried by unanimous vote. The Director of Public Work's recommendation the two-way left turn on 30th Street be extended from "L" Avenue to "N" Avenue was presented. Moved by Pinson, seconded by Camacho, in favor of the Director's recommendation. Carried by unanimous vote. The Director of Building and Housing's request for BUDGET ADJUSTMENT to cover cost of non -budget replacement supply items needed for Kimball Community Building kitchen facility was presented. Moved by Pinson, seconded by Dalla, it be approved. Carried by unanimous vote. Certification of Civil Service Commission hearing on DISMISSAL of Officer Nels Pierson was presented. City Manager Bourcier recommended this item be held for an Executive Session on personnel matters to be called at the end of the meeting. APPLICATION for Type 20 (Off -Sale Beer and Wine License) for 7- Eleven Store, 1603 E. 18th Street (personal transfer) was presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Abstain: Morgan. 2/17/76 31 APPLICATION for Type 20 (Off -Sale Beer and Wine License) for the 7-Eleven Store, 3100 Plaza Blvd (new license) was presented. Moved by Pinson, seconded by Camacho, in favor of the re uest. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Abstain: Morgan. APPLICATION for Type 41 (On -Sale Beer and Wine, Eating Place license) for 1528 (E and F) Sweetwater Road, was presented. Moved by Reid, seconded by Camacho, it be approved. There was discussion. Additional information on where the license is going, the type of operation, name, etc. was requested by Council. Moved by Morgan, seconded by Pinson, the motion be tabled for one week and Mr. Arnold Peteum.9live the Council a written report on this item. Carried by unanimous vote. WRITTEN COMMUNICATIONS The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN No. #8-1976 dated February 13, 1976, was presented. Ordered filed by unanimous vote. A request by VICE MAYOR DALLA that staff be directed to develop and recommend to Council ALTERNATE DIRECTIONAL SIGNS for the three entrances to City Hall was presented. Moved by Pinson, seconded by Camacho, it be referred to Staff. There was discussion. Carried by unanimous vote. A request by VICE MAYOR DALLA for reconsideration of recommendation to make CASSETTE RECORDS OF COUNCIL MEETINGS available in the Library to citizens was presented. Moved by Camacho, seconded by Reid, this be filed. There was discussion. Vice Mayor Dalla read a letter from Mrs. Kay Taylor, 301 E. 29th Street expressing support for his recommendation. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Abstain: Pinson. REPORTS CITY MANAGER - No report. PLANNING Recommendation by the Planning, Commission that amendment be approved to Condition 6 of Limited Commercial Planned Development Permit No. 74 for Johnson -Chance Financial Group ("A 6' high masonry wall shall be constructed along the southerly property line.") was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said that he has been assured by Mr. Peterson that the Block Grant program can be made available to people outside the perimeter of the area in an emergency situation; there is a house at 2145 E. l0th Street owned by Gerald Girlinghouse that is in need of a retaining wall to save the house from sliding eown hill due to the erosion from the recent rains; Moved by Pinson, seconded by Camacho, Mr. Peterson be directed to work with these people to obtain the necessary loan to save the structure. Carried by unanimous vote. COUNCILMAN CAMACHO stated that the Council has a Memorandum of Understanding from the CPO (based on Federal Guidelines) and a Memorandum of Understanding from the Mass Transit Board which will meet this coming Monday; they would like to have the Memorandum sent out by the Mass Transit Board approved; the vote of the Council is necessary so that the feelings of the Council can be made known to the Board. Moved by Camacho, seconded by Pinson, the Memorandum of Understanding by the Mass Transit Board be adopted by the Council. There was discussion. Carried by unanimous vote. 2/17/76 32 COUNCILMAN PINSON spoke in regard to state -mandated Workmen's Compensation saying a gentleman has a problem, he was injured on the job and started drawing his Workmen's Compensation and they cut him off until the State arbitrator decided whether or not he should be compensated for his on-the-job injury; in the meantime his Workmen's Comp. is cut off and so he goes on Welfare; it sometimes takes six to eight months until the arbitrator decides what the final result will be; the Welfare system,the taxes we pay,l' is helping the insurance companies, we're subsidizing the insurance companies through Welfare; I think we should notify Mr. Deddeh to look into this, he's on the California Insurance Committee, but this is State law and he should check into this -- why are the taxpayers subsidizing the insurance companies on the State Workmen's Comp. Moved by Pinson, seconded by Camacho, the Manager be directed to contact Mr. Deddeh and have him check into this where the tax- payers are subsidizing the insurance companies 'thrOugh Welfare. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Abstain: Dalla. Nays: None. COUNCILMAN PINSON spoke about the Fire Department's pull boxes; more and more the kids around town are pulling them to see how fast the trucks could get out there; this is costly; what bothers him is response to a bona fide fire if one of these false alarms has been reported. Moved by Pinson, direct Staff to give us an effectiveness and a cost and the response to a bona fide fire, etc., a complete report on the usefulness of the Fire Department's pull boxes, maybe they are not needed. Motion died for lack of second. MAYOR MORGAN asked Planning Director Gerschler about changing the Ordinance on service stations -- where the owners go over to the Fire Department and have everything secured and then they come back in less than six months and reopen it, it doesn't seem really fair that that person who has been in business for so many years can't just re -open; this is what happened on 16th Street; is this being worked out? Planning Director Gershler stated that the City Attorney's and his office have had repeated contacts with these people and advised them what to do and they have apparently not responded to any of the recommendations. Mayor Morgan stated that the City should have a way that a person can seal these buildings off for however long, six to eight months, so they don't lose their lease. Mr. Gerschler said they will study the Ordinance, but still the fastest way is to come in and file for a permit. MAYOR MORGAN asked City Manager Bourcier if it appears that the City's financing is not going to hold up to put the budget so they can handle it next year, to be sure to let the Council know in advance. PUBLIC HEARINGS The HEARING on SPECIFIC PLAN FOR ORANGE STREET between 13th and 14th Streets (portions of 13th St. westerly of Lanoitan will be landlocked after the improvement of Euclid Ave., a proposed solution is the development of Orange St. between 13th and 14th Sts. at a point westerly of the scheduled Euclid Ave. improvement) was held at this time. The Planning Commission recommended adoption of a specific plan based on Alternate B for location of a new street right-of-way for Orange Street between 13th and 14th Streets and the extent of public street improvements to be installed in accordance with Engineering Drawings Nos. 2872 D and 2960 D. City Clerk Campbell said the Certificate of Publication was on file. City Engineer Hoffland displayed a map which outlined 13th, 14th and future Euclid Avenue to l2th and the two possible connections between 13th and 14th, west of Euclid; Alternate A would require the acquisition of two structures and for that reason would cost approximately $25,000 more; Alternate B would require the acquisition of a vacant lot from Mr. Ray Duke, plus the future acquisition of a structure and part of a lot there is a possibility the structure could be moved, the actual alignment shows it is very 2/17/76 33 close to missing the structure that is there; regardless of which Alternative is chosen, any family that is relocated would be taken care of under the Relocation system; his office has been in contact with the people involved. Mayor Morgan asked if Alternate B would mean that there wouldn't be a need to take any property away from Mr. Rogers parcel; he was told that the Alternate would not affect his parcel. T.E. ROGERS, 2337 E. 13th Street was present and asked the purpose of this street, is it any way connect- ed with the bridge across Euclid? City Engineer Hoffland replied that on the 5-year capital improvement program the improvement of Euclid Avenue, between Plaza and 16th Street; when Euclid Avenue is constructed there will be an excavation at 13th Street and the portion of 13th Street shown on the map would not have access from Euclid; we are proposing that a local road provide access to 13th Street so that there will be a local cul-de-sac street; this should enhance that small community on 13th. 'Mr. Rogers asked if they are not proposing this action despite assurrances made in 1971 that they would build a street and there would be no need for them to worry any more; Mr. Rogers referred to four letters, three of them signed by Mayor Morgan, dated October 1971, where residents were assured the street would be bridged; that no additional property would be taken and that Gas Tax Funds would be made available for this bridge. Mr. Rogers said we assumed at the time that this was the result of Council action and now we find that we're back to where we were before; that you want to cut the street off and leave 17 families up there isolated to go down through a housing project on a 20 foot wide street. Mayor Morgan asked City Engineer Hoffland what had happen- ed to the bridge that had been proposed. City Engineer Hoffland stated that Alternate B was being proposed in lieu of the bridge, the purpose of the bridge would be to provide access to these 17 lots , the purpose of the local road there would be for the same access, the cost of the bridge is substantially more than either Alternate A or B. Mr. Rogers again asked if this meant that the action taken in 1971 was no longer being considered. City Engineer Hoffland stated that this is going to be a 36' curb -to -curb street; the proposed Alternate B that they are recommending will not line up exactly with the existing Orange Street to the south, but it will be a 36' wide curb -to -curb width and 60' right-of-way. Mr. Rogers stated that regardless, this is in contradiction of what was proposed in 1971 when the determination that a bridge would be built with the assistance of Gas Tax Funds; "don't worry, we're not going to take any more property," this is now down the drain; despite the statements that when you cul-de-sac the street you fix it so that access to fire trucks, city pick-ups, garbage disposal and that sort of thing is restricted; the real estate values drop; these are the statements from the letters written in 1971. City Engineer Hoffland stated that as shown in the plans there would be a small cul-de-sac on 13th Street for a turn -around, the 36' wide access road would provide access for emergency vehicles, also for trash, etc., the grade to the street would be steep in the order of 11 percent, but that does not prevent either trash or emergency vehicles to move up there. There was further discussion. Mr. Hoffland stated the bridge would cost about $130,000.00, Alternate A, $80,000.00 and Alternate B, $57,000.00. Mayor Morgan stated that the Council needs to know more about how the people who live in the area feel about this; if they want a bridge then perhaps it should be built. Moved by Reid, the hearing be held over for two weeks, until March 9th. Mr. Rogers stated that there was Grand Jury investigation of this and the Grand Jury went to the County and selected a licensed engineer who proposed that the street not be excavated that it come up to ground level with 13th Street, being much cheaper and not shuting off the 17 families that live up there. There was further discussion. RAY DUKE, DMD Development Company was present and said that his organization has the property that's being affected by Alternate B; their engineering staff has been working well with the City engineering staff since October; it's getting to the point where it's getting rather expensive for DMD Development Co. to work on this situation because they are paying interest on their building funds; we would like to see this thing come to a conclusion as rapidly as possible because it is affecting 2/17/76 34 their piece of property, pro or con, the City either wants it or it doesn't, so they can proceed with their plans in the 0,rea. Mr. Duke pointed out a situation that has occurred since 1971 that the people on 13th didn't have available to them; since 1971 there has been the opening of 805 with on and off ramps at Plaza Blvd., there has been a development with more shopping centers on Plaza and improvements, more recently Grove Street has been uut through as an access road to Plaza Blvd.; it would appear from this that the route Alternate A or B would be a better purpose roadway to the people on 13th than a bridge because coming off either Alternate A or B off of 13th Street they would hit 14th Street which would take them to Grove Avenue and then give them direct access to Plaza Blvd. or 805 Freeway; outside of that it would be more appealing in ways of service; this is something that has come about since 1971 that was not prevalent at that time, when it was thought that a bridge was the answer; we're speaking of taxpayers dollars here and cost; but one way or the other the DMD Development Company would like an answer as soon as possible. Mayor Morgan stated that the Council would probably adopt Alternate B or the bridge and then DMD can go ahead an plan it that way and narrow it down a little bit. Mr. Duke stated that his company has gone as far as it can on grading until the Council makes up its mind. on Alternate B. There was further discussion. Mr. Hoffland stated that they have recommended that a specific plan be adopted one way or the other; the Planning Commission has recommended Alternate B; he has recommended Alternate B; and that's why it's before the Council tonight. There was further discussion. Moved by Morgan, seconded by Reid, this hearing be laid over to 7:45 p.m. next Tuesday in these Chambers. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. The HEARING on SPECIFIC PLAN to provide for continuance of a 5' FRONT YARD SETBACK IN THE C-3-B ZONE, a 0' front yard setback in the C-3-C Zone, and a minimum 10' yard setback along the Highland Avenue side of all properties abutting Highland Avenue (Planning Commission recommended adoption of the specific plan) was held at this time. City Clerk Campbell said the Certificate of Publication was on file. Planning Director Gerschler stated that this matter is procedural only; it simply takes some regulations and moves them from one part of the Municipal Code to another part without changing them in any way. Moved by Pinson, seconded by Camacho, the Public Hearing be closed and we approve the recommend- ation of the Planning Commission. Carried by unanimous vote. The HEARING on SPECIFIC PLAN TO PROVIDE FOR CONTINUANCE OF LOT AREA, rear yard setback, and height limit regulations in the O.D. ARNOLD ESTATES SUBDIVISION (Planning Commission recommended adopt- ion of the specific plan) was held at this time. City Clerk Campbell said the Certificate of Publication was on file. City Planning Director Gerschler said this also is a procedural question and it makes no changes in the existing regulations. Moved by Camacho, seconded by Pinson, this hearing be closed and we adhere to the Planning Commission's recommendation. Carried by unaimous vote. An Executive Session was called at 8:35 p.m. to consider the certification of Civil Service Commission hearing on the dismissal of Officer Nels Pierson. Council reconvened at 9:15 p.m. Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Moved by Camacho, seconded by Pinson, in the matter of the appeal of Nels Pierson from the action of the Chief of Police terminating him from employment as a police patrolman, I move the action of the Chief of Police for terminating Nels Pierson be sustained. Councilman Reid stated that he did not agree with the action and would vote against it. ANTHONY BECCARELLI, ATTORNEY who represented Mr. Pierson at the Civil Service Commission meeting was present and 2/17/76 35 asked if the motion meant to sustain the termination, he was told it would. Mr. Beccarelli summarized the hearings before the Civil Service Commission; Mr. Beccarelli said that the feeling from the Commission was that Mr. Pierson had been negligent on occasion , but they did not indicate that he was always negligent, eometimes negligent; they felt he had a problem talking to the members; they felt he was a competent police officer. Mr. Beccarelli said you are dealing with an individual who was a police officer for four and a half years, the Council has a lot Thvested in him; he has had some problems that seemed to have occurred within a few months; the great bulk of semi-annual reviews presented on Mr. Pierson's behalf showed him to be a good police officer, an average, satisfactory police officer; you've delegated to the Civil Service Commission the responsibility to view and weigh the evidence and make a recommendation to you; not to support their conclusion without hearing the testimony is a disservice to the Commission; Mr. Beccarelli urged support for the Commission's recommendation. Councilman Camacho stated that there is no question of the Council's appreciation of the Civil Service Commission, there is no question about that, the question is after listening to all the testimony that they did find inefficiency, and negligence; every member of the Council stands behind the Police Department, but because of this we should continue to better the department; and to look and find the best police officers that are available; inefficiency and negligence are not part of the criteria. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. Moved by Camacho, seconded by Pinson, the meeting be closed. The meeting closed at 9:35 p.m. IUM4OMOMMOM.10., City erk City' of National C California The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of March 9, 1976. No corrections E:1 Corrections as noted below. 12/17/76