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HomeMy WebLinkAbout1976 09-21 CC MIN180 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CP THE CITY OF NATIONAL CITY, CALIFORNIA September 21, 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, Dana, 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 the Rev. Alan Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetings of Se 'ember 7 1976 and Se tember 14 1976 be a roved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamations: "WHITE CANE DAYS," October 1-2, 1976. Moved by Camacho, seconded by Reid, the proclamation be approved. Carried by unanimous vote. "HUNTING AND FISHING DAY," September 25, 1976, was read. Moved by Reid, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the proclamation "WHITE CANE DAYS" to Dr. Pierangelo and cited the Lions Club for their good works, particu- larly their involvement with the blind. Mayor Morgan presented the proclamation "HUNTING AND FISHING DAY" to Vice Mayor Reid, an enthusias- tic sportsman. MAYOR'S APPOINTMENTS - None. ORAL CCMMUN ICAT IONS J. C. ANDERSON, 1905 K Avenue, was present and spoke about the parking problems on City streets; he has trouble getting out of his driveway as parked cars extend into the driveway access; the police say when they are called that they have nothing to measure from. Mr. Anderson recommended "T' s" be painted on the streets to allow clearance for driveways. Mayor Morgan asked City Manager Bourcier to check with the Chief of Police on this problem and get in touch with Mr. Anderson. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, theseResolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,140 - See Page. 184, Par. 2. Resolution No. 122141, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO WORK- MEN'S COM}BNSATION FUND." Moved by Reid, seconded by Camacho, Resolut- ion No. 12,141 be adopted. There was discussion. Motion carried by unanimous vote. Resolution No. 12,142, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO GENERAL FUND 1526-780." Moved by Reid, seconded by Camacho, Resolution No. 12,142 be adopted. Carried by unanimous vote. 9/21/76 181 Resolution No. 12,143, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Assessment District No. 186, alley between Hoover Avenue and Cool- idge Avenue and 17th Street to 18th Street)." Moved by Reid, seconded by Camacho, Resolution No. 120.43 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. Resolution No. No. 186, alley Street to 13th Resolution No. to -wit: Ayes: Morgan. 12,145, "RESOLUTION OF INTENTION (Assessment District between Hoover Avenue and Coolidge Avenue and 17th St Street)." Moved by CamaCho, seconded by Reid, 12,145 be adopted. Carried, by the following vote, Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: ADOPTION OF ORDINANCES Moved by Camacho, seconded by Dalla, this Ordinance be read by title only. Carried by unanimous vote. Ordinance No. 1530 (9/VU-1), "ORDINANCE TO ADD PLANNED DEVELOPMENT COMBINING ZONE TO CERTAIN REAL PROPERTIES ZONED RM-1 AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINILNCE." Moved by Camacho, seconded by Pinson, Ordinance No. 1530 (9/7/76-1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. REPORT OF CITY ATTORNEY - No report. REFERRALS The SWEETWATER AUTHORITY'S request for JOINT PURCHASE OF film, "TroublE Waters," at a cost to the City of $1,000 was presented. Moved by Reid, seconded by Camacho, this request be approved. DAVID BURNS, President, South Bay Irrigation District, was present and stated the constituents do not know a great deal about conserving water, the value of water and different types; this film would be available to clubs, schools and anyone who would be interested in seeing it. In answer to Councilman Pinson's question, Mr. Burns stated there is not enough money allocated in the budget of the Authority to cover the entire cost of this film. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. The SOUTH BAY HISTORICAL SOCIETY'S request for (1) approval of the GRANGER HALL SITE PLAN and (2) assistance with the installation of CURBS, GUTTERS and SIDEWALKS along 4th Street was presented. Moved by Camacho, seconded by Reid, this request be granted. Under discussion, Councilman Dalla asked if there was an agreement between the City and the Historical Society regarding Granger Hall. City Manager Bourcier stated that minute action is all the City had, with a rental back to the City of $1..00 per year. There was discussion in regard to whether or not the Society had proper liability insurance, whether or not there should be a signed lease agreement for the land, etc. GEORGE WATERS, Member, Board of Directors, South Bay Historical Society, was present and stated that the Society does have liability insurance in the amount of $300,000.00;he also stated this will be the only capital improvement asked for from the City. Mr. Waters said the Society is getting ready for a reception in November honoring all those who have contributed to the restoration of Granger Hall. Motion carried by unanimous vote. There was further discussion. PUBLIC HEARINGS The HEARING on INTENTION TO VACATE AND CLOSE 20TH STREET between Roosevelt and Hoover Avenues was held at this time. City Clerk Campbell stated that the Certificate of Publication and City Engineer's Affidavit of Posting are on file. Letters of protest were attached to the Agenda. Planning Director Gerschler stated the Planning Commission held a hearing on this matter, heard evidence and testimony 9/21/76 182 and found that 20th Street is needed for public purposes now and would not be needed for public purposes after Hoover Avenue is improved and open; they recommend that it not be vacated now and that it be vacated after Hoover Avenue is open. M.E. PORCUPILE, President, Alco Fence Company, 2020 Hoover Avenue, was present and stated the Council should have received a letter from him protesting the closing of this street; at the time he wrote the letter there was no intention of opening Hoover Avenue; if Hoover is opened with a permanent bridge and curbs and sidewalks on 20th Street so they can use Hoover -- their complaint all along has been that they have been unable to use Hoover to get their trucks and trailers into the yard. Director of Public Works Hoffland stated there is presently a 1911 Act under consideration and also a grant through the ODA and it is his recommendation that only a permanent drainage facility be installec Mr. Porcupile stated that he would like to see that made part of the Resolution, that this would be a permanent installation; if they are going to improve the area then do it all the way and not stop the improvements just at 20th Street. Mr. Hoffland stated they have held meetings with most of the principals in that area and they are very cooperative and interested in improving as much of the area as they could. City Attorney McLean stated the current recommendation is not to close 20th Street until Hoover is improved between 18th and 20th, Council could decide not to consider closing 20th until they decide to improve the rest of the area. GLEN ASHWELL, 201 W. 18th Street, was present, and said he is one of the owners of Block 45; they were the people who initiated the action in proposing the closing of 20th Street; Mr. Ashwell thanked the Planning Director and the City Engineertzlr the fine work that they did in resolving the differences between Mr. Porcupile's interest and their interest in developing this property which would consequently lead to the development of additional properties .in the area. Mr. Ashwell stated that due to the recent precipitation there is nothing but a pond down there and within the last eleven days there has been no traffic between Roosevelt and Hoover on 20th Avenue; if 20th were vacated at the present time, they could proceed then with an orderly method to drain the block to the south of them which is owned by Mr. and Mrs. Goldberg of Los Angeles, they are very anxious to have this water problem resolved; Council action to vacate 20th at this time would permit a proper solution to the drainage problems there; it would facilitate the future improvement of Hoover and the opening of it and would be a general benefit to the entire area. TOM PAXTON, Vice President, Alco Fence Company, 2020 Hoover Avenue, was present and stated that they don't really have any objections to the closing of 20th Street per se; they want the guarantee that Hoover Avenue is going to be a decent street along there with curbs and gutters and proper drainage; they have a business to run and the reason that people don't use 20th Street these days is because it is flooded; if Mr. Goldberg will go along with a 1911 Act to improve the street all the way up to 21st Street, it will make a fine street; they just don't want this thing rammed down their throats by property owner who want to update and make more profitable their particular piece of property; if this thing is done properly, they would not object, but they want some kind of guarantee that this is what it's going to be; so they do object to its being closed unless and until this is done properly and they want some guarantees from Council that it will be done properly, preferably with Mr. Goldberg joining in a 1911 Act to improve the east side between 20th and 21st Street. There was discussion. Moved by Pinson, seconded by Camacho, to continue this hearing for 60 days and that we are contemplating closing 20th Street if the people will consider a 1911 Act on Hoover. There was further discussion. City Engineer Hoffland stated there are two drainage problems involved, there's the drainage along Hoover and Hoover Extension across Paradise Creek, the property owners have indicated a interest in solving the local drainage in the north side of Hoover and on their property; the Paradise Creek crossing is a subject of a EDA application for a federal grant and that is probably a year or so off but Asst. to the City Manager Ballard has made application, so the actual solving of the Paradise Creek crossing is probably a year off. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. 9/21/76 183 The HEARING on INTENTION TO VACATE AND CLOSE Plaza Boulevard off -ramp excess State right-of-way of I-5 at West Plaza Boulevard, north side, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file. Planning Director Gerschler stated the Planning Commission held a hearing on this matter, received evidence and testimony and made a finding that this street is no longer needed for public purposes, and recommend it be vacated with one condition ("Before a resolution ordering this street vacation is presented for adoption, the City Council accept and approve a quitclaim deed relinquishing abutters' right of access in and to Plaza Boulevard.") RAY HOLDER, 1429 Manchester, owner of the property at 938 Coolidgeadjoining Plaza Blvd. was present and stated in 1972 he made an agreement with the City to get access rights to Plaza Blvd. for three different items -- that they give me the property that was vacated, build a 16 foot driveway to the property and give me a check for $500; the City did two of them but somehow the ball got dropped and they didn't continue the vacation at that time; I feel that this property was part of the -business deal and should be reverted to me free and clear. There was discussion. City Attorney McLean stated (if Plaza Blvd. excess is vacated) that everything historically that Mr. Holder had is going back to him; what isn't going to him is property that is contiguous to the adjacent ownership; the document that embodies the agreement between Mr. Holder and the City is unequivocal; the City is doing exactly what the agreement said and exactly what is on the drawing attached to the agreement said -will occur. It was suggested the only way Mr. Holder could obtain title to that piece of property is for the City to buy the property and give it to him. City Attorney McLean stated that he can't conceive of a valid way the City could use public money to acquire the adjacent property and convey it to Mr. Holder; we have a contract with Mr. Holder that stated we will vacate the street; it is a general policy of the Counci3 that it is desirous to rid themselves of public property to eliminate the liability aspect, getting the property back on the tax rolls and the like; clearly when you vacate a street the property reverts to adjacent owners and goes back on the tax rolls, so that the policy has always been in this City to vacate unnecessary public right-of- way. Moved by Morgan, seconded by Camacho, that we continue this hearing to two weeks from tonight at 7:45 and to have our staff to check back records and what's taken place and what has been agreed to where we have a full knowledge of what has taken place. JON HELLAND, 704 Park Blvd., San Diego, was present and stated he owns the property adjacent to this; when he bought the property from the State he intended -- he didn't know that section in the back was available to be closed, and went through all the procedures with the State and the City to see if it could be vacated, at the time he thought it would be such a long process he decided not to pursue it; since then he has learned that Mr. Holder has gone ahead and the whole thing was going to be vacated; at that time he went to the State and asked them who had control of it and they stated they had not returned it to the City of National City; at that time they wrote a letter to the City of National City and said that they didn't have any more interest in that property; so I don't really see what the question is, why not just vacate the property? Mayor Morgan stated that this has been discussed in the past and he doesn't have every- thing in front of him regarding the matter; he believes when it was dicussed before, the street was going to Mr. Holder; he wants to know all about it before he votes on it. Motion carried by unanimous vote. The HEARING on INTENTION to adopt a CONFLICT OF INTEREST CODE applicable to members of the City Council was held at this time. City Clerk Campbell stated the certificate of publication is on file. City Attorney McLean stated that this is required by State law and a Resolution has been prepared and the recommend its adoption, it is as uncomplicated as is possible and still be in conformance with State law. No one was present to speak in this regard. Moved by Pinson, seconded by Camacho, since no one approached the mike, the public hearin9 be closed and the Conflict of Interest Code be adopted. Councilman Dalla asked City Attorney McLean if the City is including in its Code the same things most other cities are including or are theirs a little more comprehensive. City Attorney McLean stated that staff's proposal is in line with other small cities; larger cities 9/21/76 184 are embarking on a more ambitious scheme of regulations because they have different problems that we do. Mayor Morgan stated that he is against putting any more laws on the Council, on the people that are trying to run the city; I don't see those kind of people going to jail, I see Governors, Presidents and other big people; I think they should come down here and give the District Attorney power to investigate so that the people will know if they have crooks running government! they are passing so many laws we can't operate, it's time we should stand up on our feet and tell these people; we've got to start repealing these laws instead of adding to them. City Attorney McLean stated that the law requires members of the Council and Planning Commission to reveal any interest in matters that come before the body and disqualify themselves. Motion carried by unanimous vote. Moved by Camacho, seconded by Pinson, the Resolution be read by title only. Resolution No. 12,140, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO MEMBERS OF THE CITY COUNCIL PURSUANT TO THEIR POLITICAL REFORM ACT OF 1974." Moved by Camacho, seconded by Reid, Resolution No. 12,140 be adopted. Councilman Pinson asked the City Attorney how he would know, without being a lawyer, that he was in conflict with the Code. City Attorney McLean stated that the basic answer is that you cannot act and must disclose the fact that an action the Board or Council might take would have some beneficial or economic consequences to you. Motion carried by unanimous vote. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION OF WARRANT REGISTER NO. 11 dated September 21, 1976, in the amount of $23,663.33 (Warrants Nos. 55654 through 55693). Moved by Camacho, seconded by Pinson, the Warrants be drawn and these bills paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A CLAIM FOR DAMAGES from Carole Lynn Biggs was presented. Moved by Camacho, seconded by Reid, this be denied and referred to the City Attorney. Carried by unanimous vote. The FINAL 1976-77 BUDGET was presented for adoption. Moved by Pinson, seconded by Camacho, it be adopted. Councilman Reid asked the City Manager if this budget reflects the final actions of the Finance Committee and was assurod that it did. Councilman Dalla asked that the record reflect the fact that he does not agree with all of the modifications made by the Finance Committee. Carried by unanimous vote. Director of Public Works RECOMMENDATION to approve ENCROACHMENT REMOVAL AGREEMENTfor wall and decorative planters in Harbison and Plaza Boulevard (Plaza Village Center) was presented. Moved by Reid, seconded by Camacho, in favor of the Public Works' Director's recommendation. Carried by unanimous vote. The Traffic Safety Committee's RECOMMENDATIONS from the meeting of September 8, 1976: (a. install crosswalk on 8th St. at west side of "T" Avenue and request San Diego Gas & Electric Co. to install street light on existing pole at that location; b. install 4 additional 25 mph signs on "D" Aveneu between 18th and 30th Streets; c. re -stripe Plaza Boulevard between "A" and "B" Avenues to provide for a left turn refuge for westbound to southbound vehicles) were presented. Moved by Morgan, seconded by Camacho, a,b2and c of the Traffic Safety recommendations be approved. There was discussion of item c. Motion carried by unanimous vote. Moved by Pinson, seconded by Dalla, Item C be referred back to the Traffic Safety Committee with the recommendation that they study moving the center line between'`N'and "B" southerlj enough to allow the mer9inch of traffic westbound. Carried by unanimous vote. 9/21/76 135 The Fire Battalion Chief's Report on the 1976 WEED ABATEMENT PROGRAM and the City Clerk's recommendation it be set for Public Hearing October 12th were presented. Moved by Pinson, seconded by Camacho, Weed Abatement Hearing be set for October 12. Carried by unanimous vote. REPORTS CITY MANAGER - No report. PLANNING The Assistant Planning Director's REPORT regarding WAREHOUSING in National City was presented. Mayor Morgan stated there are going to have to be areas in National City where warehouses can be permitted such as in light industrial areas with a Conditional Use Permit or something; we're going to have to control this because I can see it getting out of hand; they build these warehouses about 2'-3' from the property line; they are not keeping up with the times. Planning Director Gerschler stated he agreed and suggested he ask the Planning Commission prepare a report and recommendations on it; three recommendations that have been made are that warehouses for goods and services sold on the property be located in the area east of I-5, and to allow distribution warehouses only by Conditional Use Permit and to prohibit dead storage warehouses; before proceeding further, hearings will have to be held. The recommendation by Planning staff that RESOLUTION OF INTENT be adopted to VACATE, portion of llth Street and portion of Taft Avenue at intersection of llth Street and Taft Avenue, public hearing be set, and Planning Commission recommendation be considered at that time was presented. Moved by Morgan, seconded by Dalla, the Planner's recommendation be approved. Carried by unanimous vote. JOHN CROCKETT, 601 W. 12th Street, the proponent of the street vacation was present and asked how long this would take before it came up for public hearing; City Clerk Campbell stated it would be approximately a month from next weeks meeting. COUNCIL COMMUNIC AT IONS COUNCILMAN REID asked the City Attorney to make a report on trailers parked on City streets for long periods of time. COUNCILMAN DALLA commented on the fact that he was not questioning the integrity of the South Bay Historical Society when he had mentioned earlier in the meeting that an agreenentbetween the Society and City should be drawn up. COUNCILMAN DALLA asked for a report from Councilman Camacho, the City's representative to the Metropolitan Transit Board, regarding the actions of that Board recently. Councilman Camacho stated that at this point they are in the hiring process and have not begun deliberations; they are setting up the mechanisms for operation but will report back to Council on activities in the future. COUNCILMAN DALLA requested Mayor Mayor call a meeting for review of the Business License Ordinance. Moved by Camacho, seconded by Dalla, we hold a meeting on September 27 at 3:00 in the afternoon to discuss the Business License Ordinance. Carried by-uanimous vote. COUNCILMAN PINSON stated that several weeks ago the City Manager was directed to initiate a letter to the National School District and Sweetwater School District asking them to reconsider their tax increase for this year; their collection went up 464 on $100 assessed evaluation and the City has held theirs although the City and School District has about the same dollars in their budgets; and I was wondering, have we heard that they have reconsidered or had an answer from them? City Manager Bourcier stated he has received no answer. Councilman Pinson stated he would like to see this pursued. Councilman Dalla stated that he believes some of the members of the 9/21/76 186 School Board did contact the Mayor and discussed and explained some of the reasons for their increase. MAYOR MORGAN stated in his travels across the country he noticed that rest areas now have caretakers taking care of them; they live in mobile homes which are provided for them; he suggested that the Cityfs parks have someone live there and keep an eye on them. Moved by Morgan, seconded by Reid, we authorize the City Manager to make A...study on living in the park in a mobile home and come back with some kind of recommendation where we could move in that direction. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstain: Reid. MAYOR MORGAN asked Planning Director Gerschler about the down -zoning of property within the City; he is concerned about building homes next door to apartments and would like an Ordinance to regulate this. Mr. Gerschler stated he will prepare a staff report on the current situation. MAYOR MORGAN spoke of the train (AMTRAK) that runs from downtown San Diego to Los Angeles five times a day and proposed Councilman Reid take before CPO that they continue those five trains right down to the border; this would solve the rail problem in the county of San Diego. VICE MAYOR REID discussed.a speech made by Assemblyman Deddeh; he stated that the Cities better go slow on down -zoning property, that the Council would be held responsible to a man whose property is effected. Moved by Pinson, seconded by Camacho, the meeting be adjourned to 3:00 p.m. on Monday. Carried by unanimous vote. City Clerk City of National City, California Theforegoing foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 5, 1976. DCorrections :I(No corrections Mayor City of National City, California 9/21/76