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HomeMy WebLinkAbout1976 10-05 CC MIN193 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 5, 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, 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. Bill Ward, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meet - in of Se tember 21 1976, the ad'ourned meetin of Se teznber 21, 1976 held on September 27, 1976, and the regular meeting of September 28, 1976 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "NAVY DAY - 201st ANNIVERSARY," October 13, the 1976. Moved by Reid, seconded by Camacho, proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Fritz Ostendorff, President, South Bay Cities Council Navy League, and commended the armed services on protecting our country and way of life. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of Christine Culver to the Citizens Committee for Community Development was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by uanimous vote. ORAL COMMUNICATIONS LEE MOORE, 784 Ash, Chula Vista, was present and stated the Rotary Club of National City would like to take on the Junior Miss program; they have paid the franchise fee and they would like to do this on a continuing basis, from year to year; they would like to have the backing and support of the City in this endeavor; and sometime in the future pick up whatever the City would like to contribute toward it. Mention was made that the Jaycees are down to four members and did not pick up the franchise. Moved by Camacho, seconded by Pinson, Junior Miss program be put on by the National City Rotary Club and the City Manager pass on to them whatever allocations have have been made to the Jaycees. Carried by unanimous vote. -, MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present to request removal of two trees from her parkway and replace them with trees that do not require as much care. She related the problems created by the trees over a period of years and the help she has sought from the City. Moved by Morgan, seconded by Reid, this utter be referred to the City Manager to see what can be done. There was discussion. Carried, by the following vote, to -wit: Ayes: Dalla, Pinson, Morgan. Nays: Camacho. n, Reid, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote. 10/5/76 194 Resolution No. 12,152, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Quitclaim Deed - Leslie O. Tigh and Jean Tigh)." Moved by Reid, seconded by Camacho, Resolution No. 129152 be adopted. Carried by unanimous vote. Resolution No. 12,153, STREET PURPOSES (12th Resolution No. 121153 Resolution No. 12,154, PROPERTY (Grant Deed - by Dalla, seconded by by unanimous vote. "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC Street)." Moved by Reid, seconded by Dalla, be adopted. Carried by unanimous vote. "RESOLUTION ACCEPTING CONVEYANCE OF REAL Ronald L. Warren and Cornelia Warren)." Moved Reid, Resolution No. 12,154 be adopted. Carried Resolution No. 12,155, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Euclid Avenue)." Moved by Reid, seconded by Dalla, Resolution No. 12,155 be adopted. Carried by unanimous vote. Resolution No. 12,156, "RESOLUTION EXEMPTING REQUIREMENTS FOR INSTALLATION OF PAVEMENT AT 1403 CLEVELAND AVENUE (Young)." Moved by Dalla, seconded by Reid, Resolution No. 12,156 be adopted. Carried by unanimous vote. Resolution No. 12,157, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Roberts)." Moved by Reid, seconded by Dalla, Resolution No. 121157 be adopted. Carried by unanimous vote. Resolution No. 12,158, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Deuel)." Moved by Dalla, seconded by Reid, Resolution No. 12,158 be adopted. Carried by unanimous vote. Resolution No. 12,159, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Owens)." Moved by Dalla, seconded by Reid, Resolution No. 12,159 be adopted. Carried by unanimous vote. Resolution No. 12,160, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Christian)," Moved by Reid, seconded by Pinson, Resolution No. 12,160 be adopted. Carried by unanimous vote. Resolution No. 12,161, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF FUNDS TO 5TH STREET SEWER - PRIORITY 4, PHASE 1." Moved by Reid, seconded by Dalla, Resolution No. 12,161 be adopted. Carried by unanimous vote. PUBLIC HEARING The CONTINUED 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 (The Planning Commission recommended vacation of said portion of Plaza Boulevard, subject to one condition, and reservation of easements and rights -of -way for structures as enumerated in Streets & Highways Code.) was held at this time. RAY HOLDER, 1429 Manchester, owner of the property NW corner of Plaza and Coolidge, was present and displayed a map which showed the area, the property he has sold, the area proposed to be vacated where he intended to build and the driveway which he has retained. Mr. Holder said that unless the entire area to be vacated will become his as he was told it would in 1972 he will own a private driveway leading to nothing. In answer to a question by Councilman Camacho, City Manager Bourcier stated .that the City does not own the land in question, so regardless of any appraisal, the City does not have it to sell; the Agreement Mr. Holder signed in. 1972 which the City is now upholding said that we would vacate the land and it would go back to the abutting property owner; Mr. Holder doesn't own all the abutting property; that was the agreement signed by Mr. Holder and the City Manager at that time; it was dedicated for street purposes. JON HELLAND, 3704 Park Blvd., San Diego, the owner of the other abutting property was present and displayed a map similar to the one Mr. Holder had shown; he stated when he and his partner bought the property from the State they were told that the property was purchased 10/5/76 195 with the "underlying fee interest" if any; Mr. }{ell and asked if there was any reason why this can't be vacated; he did not know Mr. Holder had any claim on the property. Mayor Morgan asked City Attorney McLean if he had received any new facts regarding this hearing and was told that he had not. The City Attorney said he was at a loss to understand how Mr. Holder came to understand that he would get title to property the City didn't even own. There was discussion. RON BALLARD, Asst. to the City Manager was present and stated that he had researched the communications between the City and Mr. Holder in 1972 and determined that there was no agreement between the City and Mr, Holder that would lead him to beliove he would receive this property; the title report attached to the Agenda makes the same conclusion; there is nothing that commits the City to compensate Mr. Holder for that piece of property. There was further discussion. Moved by Camacho, seconded by Dalla, the hearing be closed and the vacation and closing of Plaza Blvd. off -ramp excess be approved and the Planning Commission's recommendations be adhered to. Carried by unanimous vote. INTRODUCTION OF ORDINANCES (first reading) Ordinance No. 10/5/76-1, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of -Way for Quarter Section 134, Portions of Highland, "I", "J", and T'N" Avenues and 24th and 28th Streets." Ordinance No. 10/5/76-2, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of -Way for Quarter Section 105, Portions of 4th Street and 8th Street between Euclid and Rachael Avenues." Ordinance No. 10/5/76-3, "An Ordinance Pursuant to Land Use Code of the City of National City, Californa (ZC-6-76, to rezone from CL rCommercial - Limited] to RT rResidential - Two Family] and to amend the Residential Density Map Designation of 10 dwelling units/ acre to 15 dwelling units/acre on the vacant parcel located on the westerly side of Granger Avenue between the properties at 2414- 18 and 2430 Granger Avenue [Assessor's Parcel No. 564-.010-53]) ," REPORT OF CITY ATTORNEY - No further report. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION of payment of WARRANT REGISTER NO. 13, dated October 5, 1976, in the amount of $51,544.04 (Warrants Nos. 55748 through 55810) was presented. Moved by Pinson, seconded by Camacho, it be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Amendment of Police Department BUDGET (ra] reduce the Police Depart- ment budget by one Police Officer postion; rbj add 3 Communication Dispatcher positiorn to the Police Department.) was presented. Moved by Reid, seconded by Pinson, it be approved. Carried by unanimous vote. Person transfer of OFF -SALE general LIQUOR LICENSE, Type 21 (Larry S. Karman, dba La Morena Liquor Store, 40 E. 30th Street) was presented. Moved by Camacho, seconded by Pinson, this be Carried, by the followingvote,to-wit: approved,. Pinson, Reid. Nays: None. Abstain: Morgan, Camacho, Dalla, 9 Person transfer, on sale general, public premises LIQUOR LICENSE, Type 48 (Gabriel Pow-Sheung & Sue Li Ip, dba The Pink Pig, 2305 Highland Avenue) was presented. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan, 10/5/76 196 WRITTEN COMMUNICATIONS MAAC Project's request that consideration be given to a BUILDING IMPROVEMENT PROJECT for the National City MAAC facility under the Public Works Employment Act of. 1976 was presented. Moved by Pinson, seconded by Camacho, this be referred to Staff for a re ort. Mayor Morgan displayed a drawing of the improvements to be made. ELVIRA DIAZ, Planning Director, MAAC, was present and stated the property in question is owned by Ben Jaeckel; they have been tenants of the building for several years and have discussed this matter with Mr. Jaeckel and he is very supportive of what MAAC wants to do and has committed himself to a long term lease if these building improvements are made so that MAAC will be able to maintain services now being provided. Carried by unanimous vote, A Request by COUNCILMAN DALLA that t,taff review requirements of P.L. 94-369 and PREPARE GRANT APPLICATION for funds to REPAIR/REPLACE DAMAGED SIDEWALKS was presented. Moved by Camacho, seconded by Reid, in favor of Mr. Dana's recommendation. Carried by unanimous vote. Requests of the South Bay Historical Society and the Bicentennial Committee: (a) free use (excluding janitorial services) of Kimball Community Building Main Hall, Kitchen and Annex on November 13, 1976, 8:00 a.m. to'4:00 p.m. (b) permission to sell beer and wine in Community Building, to be used in conjunction with a HOME TOUR AND BAZAAR to be held that date, proceeds of whibh will be used for the restoration of Granger Music Hall was presented. Moved by Pinson, seconded by Dalla, in favor of the requests. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan, REPORTS CITY MANAGER CITY MANAGER BOURCIER requested a Council Conference meeting for a review of Business License. PLANNING The Planning Commission's RECOMMENDATION that Appendix "D" and Appendix "E" (983-5.17 - Use Group 17) of the LAND USE CODE be amended to add: "Food - Ready to Serve, limited to used conducted entirely within a building," was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commissjon's recommend - Carried by unanimous vote. COUNCIL. COMMUNICATIONS COUNCILMAN CAMACHO stated there is a vacant piece of property adjacent to Ducommon Aluminum and Luis Natividad has discussed with them the possibility of using the land for a softball diamond and a basketball court; Mr. Natividad would like to have the assistance of the Planning Departmen in measuring this area to see is large enough toacaommodate a playground for youngsters on the west side; he would also like to know if the property could be tax exempt; also waiver of the Conditional Use Permit fee. Mayor Morgan stated that he understands the request to mean that they will put the playground in by themselves and it won't cost the City anything -_ they'll maintain it and keep it up. Councilman Camacho stated the the City has some athletic gear and fencing not being used right now, the Recreation Department has a backstop not in use right now, and asked if Council would allow them to use this and upon relinquishing the property, whatever was given by the City would return to the City. Moved by Pinson, seconded by Camacho, this be referred to Staff for study. Carried by unanimous vote. MAYOR MORGAN stated the President has extended the training program (CETA) for a year but the County has indicated that they are going 10/5/76 197 to phase out their participation soon; he requested City Manager Bourcier to see that the City is not cut off. MAYOR MORGAN commented on Fresno's lawsuit against the State; and said it's time for the City to institute a suit against the State for Highway 5, 54 and 252; he believed that Judges would rule on a human level and when something is promised it should be delivered; the State has already spent $3-5 million and it's not fair to our people when they have to come all the way down here to get on 5 into San Diego; this I-5 will run all the way to Canada, and we've got a death-trap here in National City. City Attorney McLean stated the Fresno case is different from ours in that they have a contract with the State; he feels the most profitable use of the City's funds is to help Fresno in their lawsuit; he has the feeling of the Council and will do whatever appears to be the best use of our resources, but frankly believes the solution to the problem is political. MAYOR MORGAN displayed a map showing proposed redevelopment of downtown National City (which he will give to the Manager and members of the Council for their consideration) and said downtown National City is the window to the City, the first image people get when coming into town; he was interested in improving the area from 18th Street and Division Street and back to Highland Avenue; under a redevelopment project, you have to spend 20% on residential so the City could help people finance remodeling jobs with low cost loans. Councilman Reid asked why start at 18th Street when our current redevelopment project stops at 22nd Street. Arnold Peterson, Director of Community Development, was present and stated that it might be better to add that (18th - 22nd) to the E.J. Christman Industrial Park project as well as possibly some other areas because it is a separate financial entity; north of 18th would be a separate project. Mr. Peterson stated that members of the business community in the proposed area for redevelopment have not been contacted, nor have residents. Mayor Morgan asked members of Council to give the proposal their consideration saying he would bring it back at a later date. MAYOR MORGAN called an Executive Session at 8:33 p.m. for personnel matters. Meeting reconvened at 8:54 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Moved by Camacho, seconded by Pinson, the meeting be adjourned to 4:00, October llth in the Conference Room. Carried by unanimous vote. the meeting adjourned at 8:57 m. City lerk 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 October 12, 1976. QCorrections rections May City of National City, California 10/5/76