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HomeMy WebLinkAbout1976 05-11 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 11, 1976 The regular meeting of the City Council of the City of National City was called to order by Mayor Morgan at 7:30 p.m. ROLL CALL Council members present: Camacho, Dall a, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gunnarson, 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 Sherman Scott, St. Mary's Catholic Church. PRESENTATIONS AND PROCLAMATIONS The Mayor's proclamation "GREEN SURVIVAL WEEK, May 15-24" was read. Moved by Reid, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. The proclamation was presented to a member of the Nurserymen's Association. The Mayor's proclamation, "INTERNATIONAL SHRINE HOSPITAL DAY" was read. Moved by Reid, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. The proclamation was presented to a member of the Shrine who was present. The Mayor's proclamation, "MILFORD U. WALDEN DAY, May 19" was read. Moved by Camacho, seconded by Reid, the proclamation be approved. Carried by unanimous vote. Milford U. Walden was present and accepted the proclamation. Mayor Morgan recognized HELEN COBB, former Vice Mayor, City of San Diego, who was present in the audience and presented a key to the City to her. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,039, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE PROPOSED REGIONAL AIR QUALITY STRATEGY AND AIR MANAGEMENT PROCESS." Moved by Pinson, seconded by Camacho, the Resolution be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dall a. Resolution No. 12,040, "RESOLUTION APPROVING TENTATIVE PARCEL MAP (LOT SPLIT) ON PROPERTY LOCATED AT 2304-2226 'J' AVENUE (Justino Jimenez). Moved by Camacho, seconded by Reid, Resolution No. 12,040, be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. Resolution No. 12,041, (Follows report of City Attorney). REPORT OF CITY ATTORNEY CITY ATTORNEY MCLEAN stated he had previously given each of the members of the Council the complete transcript of the Civil Service hearings in •the matter of- Nels O. Pierson as well as the action of the Chief of Police terminating that officer, since Council acted to terminate the officer it had come to their attention that though 5/11/76 Council's action is legally correct, he would request Council review the material and consider the matter again; Council could reaffirm the terminatbi or adopt other discipline. Moved by Pinson, seconded by Reid, Council re -consider the matter. Carried by unanimous vote. Councilman Pinson stated he had read through the transcript, he had sat through as much of the hearings as possible; he felt he heard enough of the testimony; having heard the testimony and read through the transcript he felt the action previously taken should be carried out. Moved by Camacho, seconded by Pinson, that Council stand on the decision made on February 17, 1976. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. City Attorney McLean stated he had prepared a Resolution reflecting the fact that Council has read the transcript of the Civil Service Commission hearings and that Officer Pierson was guilty of negligence and inefficiency. Moved by Camacho, seconded by Reid, the Resolution be presented by title only. Carried by unanimous vote. Resolution No. 12, 041, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE FINDINGS AND DECISION OF THE NATIONAL CITY CIVIL SERVICE COMMISSION REGARDING THE DISCIPLINE OF.NELS 0. PIERSON." Moved by Pinson, seconded by Camacho, Resolution No. 12,041 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. PUBLIC HEARING The public hearing on the proposed ZONE CHANGE to rezone from RT to CBD the properties located on the west side of GROVE STREET adjacent to the east side of I-805 Freeway and between 14th and 16th Streets, excepting therefrom the property at 2105 East 16 Street (ZC-3-76) was held at this time. The City Clerk stated the Certificate of Publication of Notice of Hearing and the Affidavit of Mailing were on file. Assistant Planner Gunnarson reported the Planning Commission recommended approval of the zone change; the proponents would have to obtain a Variance for their proposed sign; granting of the zone change would not preempt Council's action on the Variance. No one was present to be heard in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the zone change to rezone from RT to CBD the properties located on the west side of Grove Street adjacent to the east side of I-805 Freeway, between 14th and 16th Streets (ZC-3-76) be approved and all stipulations be adhered to. Councilman Dalla said he would abstain as one of the agents had an interest in the business where he is employed. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Nays: None. Abstaining: Dalla, Morgan. The City Treasurer/Finance Director's request for ratification of Warrant Register No. 45, dated May 11, 1976 (Warrants Nos. 54483 through 54519) in the amount of $40,604.56 and Payroll for the period April 15-30, 1976 in the amount of $172,097.39 was presented. Moved by Camacho, seconded by Reid, the Warrant Register and Payroll be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. The City Clerk's recommendation a public hearing be set for 7:45 p.m., June 15, 1976, Council Chambers, under the provisions of Uniform Housing Code, 1973 Edition, as adopted by Ordinance No. 1423, to consider the Director of Building and Housing's Report together with any objections or protests which may be filed and the proposed charge in the matter of CONDEMNATION AND DEMOLITION of a public nuisance at 415 ROOSEVELT AVENUE. Moved by Pinson, seconded by Dalla, the public hearing be set for June 15. Carried by unanimous vote. The Director of Public Works' recommendation of approval of TWO DRIVEWAYS at 121 WEST PLAZA BOULEVARD (Beauchamp) to permit one drive adjacent to property line and one 20' in width (exceeding a 40% frontage) was presented. Moved by Camacho, seconded by Reid, 5/11/76 89 in favor of the Director of Public Works' recommendation. Carried by unanimous vote. The City Manager's recommendation (in regard to the proposal of the Kimball School Beautification Committee that a PLAYGROUND - NEIGHBORHOOD PARK be developed near KIMBALL ELEMENTARY SCHOOL) that the City take no action on the proposal at this time, including the request to close portions of streets, and that City staff continue to seek grant funds through E.D.A. in order_to make necessary public improvements such as streets, storm drainage channels and sewer facilities; in staff's opinion such activities are consistent with the policies outlined in the General Plan was presented. Moved by Pinson, seconded by Morgan, it be filed. The Mayor stated he was working with some of the school officials ans would have something in the future on school landscaping. OSCAR CANEDO, 1729 Cleveland Ave., member of the Beautification Committee and the National School District Governing Board, was present and commented on meeting with the Mayor and read a "position paper" prepared by the committee. There was discussion. Mr. Canedo answered questions posed by members of the Council. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. An Application for ON SALE GENERAL (Eating Place) LICENSE, person and premises transfer, by Fred C. Corey, Jr., dba 24th STREET DEPOT, 900 West 24 Street, was presented. Moved by Pinson, seconded by Camacho, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The application for DEFERRAL of requirements to construct portions of ALLEY adjacent to 2009 D Avenue (the owner [Torres] agreed to sign a covenant not to protest a 1911 Act Improvement) and the Public Works Director's recommendation of denial were presented. There was discussion. Moved by Reid, seconded by Camacho, the deferral be approved subject to the signing of a covenant. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. The request of ARTHUR R. HYNUM to RELOCATE A SINGLE FAMILY DWELLING from 1331 Roosevelt Avenue to 1041 East 24 Street and Building and Housing Staff recommendation of approval subject to 14 terms and conditions were presented. Moved by Reid, seconded by Camacho, the recommendation be approved. Carried by unanimous vote. Agenda Items 12, 13, and 14 relating to ABLE MACHINE TOOL COMPANY, 1212 McKinley Ave., were presented as one item: Director of Public Works' recommendations that (12) Council approve EXEMPTION from requirements of Ordinance No. 1491 to install ALLEY IMPROVEMENTS adjacent to property (alley would serve no purpose as it adjoins Harbor Drive, terminates in railroad right-of-way and would cause safety hazards), (13) Council approve ENCROACHMENT REMOVAL AGREEMENT for said alley (temporary paving, landscaping and construction of a drainage system), and (14) Council approve THREE DRIVEWAYS (an increase to 55% of the property frontage - Land Use Code allows 40%) . DALE CURTIS, Curtis Engineering Co., 803 West 24 Street, was present and explained the need for the exemption, encroachment removalanddriveway requirements. Moved by Pinson, seconded by Camacho, in favor of items 12, 13, and 14. Carried by unanimous vote. WRITTEN COMMUNICATIONS The League of California Cities LEGISLATIVE BULLETIN #19-1976, dated May 7, 1976, was presented. City Manager Bourcier recommended the City Council go on record as opposing the Redevelopment package of bills (Montoya 3672-3-4-5). Moved by Pinson, seconded by Camacho, in favor of the City Manager's recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. 5/11/76 REPORTS City Manager Bourcier requested Council authorize the City Manager to request state certification of a new population estimate (44,900). Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. City Manager 8ourcier reported the Lions Club would like an indication from Council that they will be authorized to put on the fireworks display again this 4th of July. Moved by Morgan, seconded by Camacho, the Lions Club be notified they will put on the fireworks display. Carried by unanimous vote. The Planning Commission recommendation that proposed ZONE VARIANCE (S-4-76) for construction of a view -obscuring fence on the property line at the SE corner of 20th Street and Cleveland Avenue (Pepper Industries, Inc) be granted subject to one condition was presented. Moved by Reid, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN DALLA inquired about the filing of the Air Quality Strategy Resolution; if the City and the County don't get together, the Federal Government will tell us what to do? Public Works Director Hoffland said that was his understanding. COUNCILMAN PINSON asked to return to the City Manager's Report on the Lion Club's request; he is a member of the Lions and is on the Board and since there is a money factor involved he would like to abstain. Moved by Morgan, seconded by Reid, they reconsider the item. Carried by unanimous vote. Moved by Morgan, seconded by Reid, the Manager write the Lions Club and indicate that we want them to put on fireworks. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstain: Pinson. MAYOR MORGAN spoke regarding the Pony League World Series being held in National City; they need $850.00 in good faith money to be returned to the City if the tournament is not held here; they need to figure a year ahead, this would take place in the fall of 1977. Mayor Morgan stated that the people of National City have supported this in the past, have gotten out and really enjoyed it. COUNCILMAN CAMACHO spoke in support of this request. Moved by Morgan, seconded by Camacho, we authorize the City Manager negotiate a contract with the Pony League for $500.00 to underwrite the World Series. COUNCILMAN PIINSON stated he could go along with the $500.00 but will need to see a breakdown on the cost to the City for any further action. There was further discussion. Carried by unanimous vote. Mayor Morgan called an Executive Session at 8:30 p.m. ROLL CALL: Council members present: Camacho, Absent: None. Moved by Camacho, seconded by Reid, meeting closed at 9:00 p.m. Dall a, Pinson, the meeting be Cit Reid, Morgan. closed. The City lerk of National City, California The foregoing minutes were approved by the City Council of the City of National City, Calfornia at the regular meeting of May 25, 1976. No Corrections Correc M City of National City, California 5/11/76 ions as noted below