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HomeMy WebLinkAbout1976 08-24 CC MIN164 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 24,. 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 CM..L Council members present: Camacho, Dalla, Reid, Morgan. Absent: Pinson. Administrative officials present: Ballard, Campbell, Cowett, Gerschler, Hoffland, McCabe. PLEDGE OF ALLEGIANCE TO THE FLAG ,AND INVOCATION The meeting was opened With pledge of allegiance to the flag led by Acting City Manager McCabe followed with invocation by Pastor Billy D. Robertson, Assembly of God Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the re ular meeting of August 10, j.976 be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS Three proclamations were read: "MEALS ON WHEELS WEEK (Aug. 22--28, 1976).99, "SOUTH BAY COUNTRY FAIR WEEK (Sept. 1-6, 1976)", and "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND (Sept. 5-6, 1976)". The three proclamations were approved by unanimous vote. Absent: Pinson. Mayor Morgan presented the "MEALS ON WHEELS" proclamatipn to Pearl Spector and the "COUNTRY FAIR" proclamation to Ida Mae H. Kerr. MAYOR'S APPOINTMENTS Mayor Morgan recommended appointment of JAMES E. DYER to the Traffic Safety Committee. Moved by Camacho, seconded by Reid, the appoint- ment be approved. Carried by unanimous vote. Absent: Pinson. ORAL COMMUNICATIONS JOHN FLANNERY, 2461 Van Ness, was present and requested help in annexing his property (unincorporated area) to National City. Moved by Morgan, seconded by Dalla, this be referred to Plannin Staff and they help to make this part of National City. Carried by unanimous vote. Absent: Pinson. HAROLD REYNOLDS, 6.35 East First Street, was present and related his problems emanating from a fire in his car on July 22, his inability to move the car, and how finally the car was ordered towed away by the Police Department because it was in violation of the 72 hour parking ordinance. Mr. Reynolds asked for an investigation of his case, saying other people park trailers and motor homes on the street for months on end. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, the Resolutions be read by title only. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,113, "RESOLUTION APPROVING TENTATIVE PARCEL MAP - 1404 Division Street (Assessor's Parcel No. 554-012-05)." Moved by Camacho, seconded by Dalla, Resolution No. 12,113 be adopted. Carried by unanimous vote. Absent: Pinson. 8/24/76 165 Resolution No. 12,114, "RESOLUTION APPROVING TENTATIVE PARCEL MAP West Side of 'T' Avenue between 4th and 7th Streets (Assessor's Parcel No. 557-050.37)." Moved by Reid, seconded by Camacho, Resolution No. 12,114 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,115, "RESOLUTION APPROVING TENTATIVE PARCEL MAP - Southeast Corner of 16th and 'N' Avenue (Assessor's Parcel No. 561-110-01)." Moved by Camacho, seconded by Reid, Resolution No. 12,115 be adopted. Carried, by the following vote, to..wit : Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. (12,116) Resolutions Nos. 12,116-A,/ "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Delta Street) and 12,116-B, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Plaza Boulevard) " 114. Moved by Dalla, seconded by Camacho, Resolutions Nos. 12,116-1 �"d' 12,116-B be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,117, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (David F. Barajas and Harriett Barajas)." Moved by Camacho, seconded by Reid, Resolution No. 12,117 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,118, "A RESOLUTION APPROVING AN AMENDMENT (GP-2-76) TO THE NATIONAL CITY GENERAL PLAN DATED SEPTEMBER, 1974, AND GENERAL PLAN MAP 1973-74." Moved by Reid, seconded by Camacho, Resolution No. 12,118 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. Resolution No. 12,119, "RESOLUTION AUTHORIZING EXECUTION OF AN ADDEN- DUM TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DIXIELINE LUMBER COMPANY." Moved by Camacho, seconded by Reid, Resolution No. 12,119 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,120, See Page 167. Resolution No. 12,121, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE TWENTIETH STREET BETWEEN ROOSEVELT AND HOOVER AVENUES." Moved by Reid, seconded by Camacho, Resolution No. 12,121 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. Resolution No. 12,122, RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PLAZA BOULEVARD OFF -RAMP, EXCESS STATE RIGHT-OF-WAY OF INTERSTATE 5 AT WEST PLAZA BOULEVARD, NORTH SIDE." Moved by Camacho, seconded by Reid, Resolution No. 12,122 be adopted. Carried by unanimous vote. Absent: Pinson. PUBLIC HEARINGS The HEARING ON ADOPTION OF SPECIFIC PLAN for Quarter Section 152, portions of NATIONAL, "B", "D", 11F" AND HIGHLAND AVENUES and 24th and 30th STREETS (SP-21-76) was held at this time. The City Clerk stated the Certificate of Publication and Affidavit of Mailing were on file. The Planning Director reported the Planning Commission recommended approval of SP-21-76 as set forth in their Resolution No. 26-76. No one was present to speak in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the Specific Plan for portions of National, "B", "D", "F", and Highland Avenues and 24th and 30th Streets as set forth in Planning Commission Resolution No. 26-76 be approved. Carried, by unanimous vote. Absent: Pinson. The HEARING ON ADOPTION OF SPECIFIC PLAN for LA SIESTA WAY between 18TH and 20Th STREETS (SP-12-76) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. The Planning Director said the Planning 8/24/76 166 Commission recommended approval of SP-12-76 as set forth in their Resolution No. 27-76. No one was present to speak in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the Specific Plan for La Siesta Way between 18th and 20th Streets as set forth in Planning Commission Resolution No. 27-76 be ap Carried by unanimous vote. Absent: Pinson. roved. The HEARING on the proposed amendment to the Land Use Code to add regulations regarding PARKING OF VEEHICLES ON LAWNS OR OTHER LAND- SCAPED AREAS IN RESIDENTIAL AREAS (A-1-76) was held at this time. The City Clerk reported the Certificate of Publication was on file. The Planning Director stated after the hearing Council would be in position to consider adoption of the amendment; the Staff Report attached to the Agenda includes choices recommended to the Planning Commission; their first choice would be No. I (Prohibit parking on lawns or other landscaped areas); the Planning Commission filed the case without action. Mayor Morgan said Council initiated the proposed amendment and Council was interested only in lawn areas. BENJAMIN THEM, 2705 East Second Street, was present and inquired as to the necessity of such an amendment; and spoke against the amendment saying it would create a hardship on people. WARREN L. SMITH, 311 North R Ave., was present and outlined a survey he had made of homes where vehicles were parked on lawn areas. Mr. Smith protested the adoption of the ame ent because of the hardship it would present to owners of mobile hones, trailers, recreational vehicles and campers. RICHARD K, S N , 2210 J Ave., (Planning Cpmmissiner) was present and said he sat through the Planning Commission's public hearings on t is; he was -under the impression front yard setbacks determined w e :e: or not people could park in front yards. Mayor Morgan said Mr. € rschler reported the Planning C mmission got too deep in this. Mr. Knutson indicated he thought present ordinances governed inoperative vehi 1 p c es,..automob1les. Mr. Gerschler replied if he thought the matter was already covered he would not have prepared an ordinance for Council consideration. Mr. Knutson asked if cars could be parked in front yard setbacks. Mr. Gerschler replied in some cases yes, in some no. Mr. Knutson said he was still under the impression present City ordinances govern inoperable vehicles on front lawns. Mayor Morgan asked if the amendment could identify automohiles only, so we will not disturb these people with mobile homes. Mr. Knutson said he would agree to limiting parking of certain vehicles in certain zones but not recreational vehicles. KENNARD BIBB, 2225 East Fourth St., was present and inquired whys if they were concerned with automobiles only, specific mention had been made of recreational vehicles. VIC CALDWELL, 2503 East Thirteenth St., was present and stated his objection to any ordinance that will tell him where he could park vehicles on his property; he did not park on the front lawn, but he did park in the rear; he said Council was not dealing with parking of vehicles but with esthetics because you say "lawns or other landscaped areas". Mr. Caldwell suggested "you people" get your heads together and come up with something better and maybe tell us what a landscaped area is. Mayor Morgan said he was hoping when this hearing is over, Council will refer the matter back to the Planning Commission and they won't get so deep and will spell it out. Mr. Caldwell said Council did not have any right to tell anyone what they can do with their property; he liked to see his place pretty, but if Council was interested in esthetics, why didn't they start with the downtown area. There was discussion. Moved by Camacho, seconded by Reid, the hearing be closed and the matter tabled for 90 days until we can define it and refer to staff and Planning Commission for refinement. Mr. Smith requested the record show the number of people opposed to this who are present but have not spoken. (There was a show of hands. 38 persons were counted.) Motion carried by unanimous vote. Absent: Pinson. The HEARING to consider adoption of the resolution authorizing the City to initiate EMINENT DOMAIN procedures for the acquisition of certain real property for PUBLIC STREET purposes (Assessor's Parcel No. 557-380-57, ORANGE AVENUE EXTENSION, north of 14th Street) was held at this time. Asst. to the City Manager Ballard said the purpose of the hearing was to consider adoption of Resolution No. 8/24/76 167 12,120 and to consider any statements the property owner might wish to make; the staff report is attached to the Agenda. RAY DUKE, D.M.D. DEVELOPMENT, 915 D Avenue, was present and said D.M.D. is the owner of the property; his attorney was supposed to have been in contact with Mr. Ballard. Mr. Ballard said he had not heard from him. Mr. Duke said they felt the matter should be negotiated. Mayor Morgan said the hearing could be closed and they could negotiate. Deputy City Attorney Cowett said there was no problem with authority to negotiate; he had not beazvery close to the situation; the hearing was for the purpose of determining public interest and not the evaluation question; negotiations can proceed more rapidly when these things have been resolved. Mr. Duke said they had been negotiating since November of last year; they bogged down on the question of evaluation. Mr. Ballard said they would be happy to continue negotiations. Mr. Duke said four- weeks ago he made an attempt to negotiate and was turned down cold; could not get an appointment through his attorney. Mr. Cowett said he was never contacted in this regard. Mr. Duke said about seven months of his time ... Acting City Manager McCabe said Mr. Ballard has been authorized to negotiate on behalf of the City. Moved by Dalla, seconded by Camacho, the hearing be closed and Council consider adoption of Resolution No. 12,120 authorizing the City. Attorney to institute Eminent Domain proceedings. Carried by unanimous vote. Absent: Pinson, Moved by Camacho, seconded by Reid, Resolution No. 12,120 be read by title. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,120, "A RESOLUTION OF THE CITY OF NATIONAL CITY DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY FOR THE EXTENSION OF ORANGE AVENUE NORTHERLY OF 14TH STREET AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO ACQUIRE SAID REAL PROPERTY OR INTEREST THEREIN." Moved by Camacho, seconded by Reid, Resolution No. 12,120 be adopted. Carried by unanimous vote. Absent: Pinson. INTRODUCTION OF ORDINANCES Moved by Dalla, seconded by Camacho, the ordinances be presented for first reading by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 8/24/76-1, "An Ordinance Adopting a Specific Plan Establishing the Location of Street Right -of -Way for Portions of 5th Street between 'T' and Euclid Avenues and for "V' Avenue between 5th and 8th Streets. Ordinance No. 8/24/76-2, "An Ordinance Adopting a Specific Plan Establishing the Location of Street Right -of -Way for Quarter Section 133, Portions of Highland, 'I', 'J', 'L►' and 'N' Avenues and l6th, 17th, 18th and 20th Streets." Ordinance No. 8/24/76-3, "An Ordinance Adopting a Specific Plan Establishing the Location of Street Right -of -Way for Quarter Section 153, Portions of National, 'A', 'B', and Highland Avenues and 18th, 19th, 20th and 24th Streets." REPORT OF CITY ATTORNEY - None. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 7, dated August 24, 1976 (Warrant Nos. 55407 through 55477) in the amount of $43,775.43 was presented. Moved by Camacho, seconded by Reid, the Warrant Register be ratified. Carried, by the following vote, to -wit: Ayes: Camar;ho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. Two recommendations of the TRAFFIC SAFETY COMMITTEE from their meeting of August 11, 1976 (1. Install a loading zone ryellow curb] in front of the apartments at 1718 McKinley Avenue, and 2, Install a 8/24/76 168 "double yellow" center line strip on N3th Street, between Grove and Newell) were presented. Moved by Dalla, seconded by Camacho, in favor of the Traffic Safety Committee's recommendations. Carried, by the following vote, to -wit:, Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. The City Clerk's report on opening of sealed bids for ASPHALT CONCRETE (Furnish and Furnish and Supply) FY 1976-77, Spec. No. 855 (four bids received from: V.R. Dennis Construction Co., Griffith Company, Sim J. Harris Company, and R.E. Hazard Contracting Co.) and the Director of Public Works' recommendation that the contract be awarded to GRIFFITH COMPANY as the lowest bidder for "in place" asphaltic concrete were presented. Moved by Camacho, seconded by Dalla, in favor of the Director of Public Works' recommendation. Carried by unanimous vote. Absent: Pinson. The Planning Department's recommendation the GARAGE SALE PERMIT function be transferred to the Business License Office and an amendment to Sec. IV of Ordinance No. 1250 be prepared was presented. Moved by Reid, seconded by Dalla, the recommendation be approved. Carried by unanimous vote. Absent: Pinson. Pacific Telephone & Telegraph Company's request for a 120 day extension of the permit for the use of a TEMPORARY OFFICE TRAILER at 716 Highland Avenue and the Director of Building and Housing's recommendation the request be approved subject to two conditions (1. Occupancy of the office trailer shall end on or before January 1, 1977, and the trailer shall be removed from the site within 72 hours after vacancy has occurred and 2. extended use of the office trailer shall be subject to all other terms and conditions specified in the previous approval by the City Council) were presented. Moved by Camacho, seconded by Reid, the request be granted. Carried by unanimous vote. Absent: Pinson. WRITTEN COMMUNICATIONS THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN #30-1976, dated August 20, 1976 was presented. Acting City Manager McCabe recommended Council go on record in opposition to AB 1012 and AB 3674 and he be authorized to write to the legislators. Moved by Reid, seconded by Camacho, in favor of the recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: None. Abstaining: Dalla. Absent: Pinson. A letter from the Secretary -Controller, SWEETWATER AUTHORITY in regard to joint purchase (Sweetwater Authority and City of National City) of the film TROUBLED WATERS fromthe San Diego County Water Authority at a cost to each agency of $1,000 was presented. Moved by Morgan, seconded by Camacho, this be referred to the City Manager for more information. Carried by unanimous vote. Absent: Pinson. An invitation from the BICENTENNIAL COMMITTEE to members of the City Council to participate in opening ceremonies of SOUTH BAY COUNTRY FAIR September 1 at 6:30 p.m. in Memorial Bowl was presented. Ordered filed by unanimous vote. Absent: Pinson. A letter from the Fair Coordinator, SOUTH BAY COUNTRY FAIR, dated August 18, 1976, requesting nine items and services were presented. Acting City Manager McCabe said he reviewed the requests and submitted a report with recommendations on each item. Moved by Reid, seconded by Dalla, in favor of the recommendations and he be notified what can and cannot be done. Carried by unanimous vote. Absent: Pinson. A request of the NATIONAL CITY SWIM CLUB BOOSTERS for .assistance in obtaining a loan for $4,370, balance due on an automatic timing device was presented. Acting City Manager McCabe recommended the City work with the group to try to obtain a low interest loan. 8/24/76 169 There was discussion. ROY EDWARDS, 3404 Winetka Dr., President, Swim Boosters, was present and outlined the need for the City's assistance. There was further discussion. Moved by Camacho, seconded by Reid, in favor of the manager's recommendation. Carried by unanimous vote. Absent: Pinson. The South Bay Historical Society's request for approval of a SITE DEVELOPMENT PLAN FOR GRANGER MUSIC HALL and City help in installation of sidewalks, curbs and gutters along Fourth St. in front of the Hall as soon as possible so they could proceed with a landscape project, (most of which will be done by the South Bay Board of Realtors) was. presented. Acting City Manage:McCabe recommended this be referred to Staff. Moved by Reid, seconded by Camacho, this be referred to the City Mana9er for report, Carried by unanimou vote. Absent: Pinson, REPORTS CITY MANAGER - None. PLANNING Planning Commission Resolution No. 32-76, approving an application to allow a KARATE SCHOOL at 2834 Highland Avenue (Norberto B. Alcantara) was presented. Ordered filed by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS VICE MAYOR REID spoke in regard to Flood Plain zoning at South Bay Town and Country Shopping Center. Moved by Reid, seconded by Camacho, this be referred to Planning Director Gerschler. Carried by unanimous vote. Absent: Pinson. Moved by Camacho, seconded by Reid, the meetin9 be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 8:56 p.m. City Clerk Cit of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 7, 1976. CE1/7 NO corrections El Corrections ayor City of National City, California 8/24/76