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HomeMy WebLinkAbout1976 11-09 CC MIN213 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA The regular meeting was called to order ROLL CALL November 9, 1976 of the City Council of the City of National City at 7:30 p,m. by Mayor Morgan. 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 the Rev. Robert Davis, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of Octgbe26, 1976 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "YOUTH APPRECIATION WEEK," November 8-14, 1976. Moved by Reid, seconded by Camacho, the__ proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mr. Kuinories represent- ing the Optomist Club. MAYOR'S APPOINTMENTS The Mayor's proposed reappointment of Lorenz Ruehle as Port Commissioner was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS - None, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No, 12,177, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING A TRANSFER OF REVENUE SHARING FUNDS TO PURCHASE STANDBY TURBINE FOR MUNICIPAL POOL." Moved by Camacho, seconded by Reid, Resolution No. 12,177 be adopted. Carried by unanimous vote. Resolution No. 12,178, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $4000 FROM GENERAL FUND #1 TO LIBRARY CAPITAL OUTLAY #8." Moved by Morgan, seconded by Camacho, Resolution No, 12,178 be adopted with the stipulation that it includes the study, the plans) the specifications and bid forms. Carried, by the following vote, to, -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. Resolution No. 12,179, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement - Doris P. Bridge and Willard C. Bridge)." Moved by Reid, seconded by Camacho, Resolution No, 12,179 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Reid, Morgan. Nays: None. Abstain: Pinson, Resolution No. 12,180, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement - Billy D. Duke and Nita C. Duke)." Moved by Dalla, seconded by Camacho, Resolution No. 12,180 be adopted, Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Reid, Morgan. Nays: None, Abstain: Pinson. 11/9/76 214 Resolution No. 12,181, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement » Sam O. Fegestad)." Moved by Reid, seconded by Camacho, Resolution No, 12,181 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstain: Pinson. Resolution No. 12,182, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement - James P. Wall and Delores L. Wall)." Moved by Reid, seconded by Camacho, Resolution No. 12,182 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstain: Pinson. Resolution No. 12,183, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF FUNDS FOR DRAINAGE CONTROL AT LAS PALMAS PARK." Moved by Camacho, seconded by Reid, Resolution No. 12,183 be adopted. Carried by unanimous vote. Resolution No. 12,184, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER DF FUNDS FOR LAS PALMAS PARK VANDALISM." Moved by Pinson, seconded by Reid, Resolution No, 12, 184 be adopted. Carried by unanimous vote. Resolution No. 12,185, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR PUBLIC RIGHT-OF-WAY AND ACCEPTING CONVEYANCE OF SAID RIGHT -OF --WAY (Orange Avenue Extension)." Moved by Reid, seconded by Camacho, Resolution No. 12,185 be adopted. Carried by unanimous vote. Resolution No. 12,186, "RESOLUTION REQUESTING THAT THE STATE HIGHWAY COMMISSION ADOPT A TRAVERSABLE HIGHWAY ROUTE FOR STATE HIGHWAY 54 AND STATE HIGHWAY 125 BETWEEN INTERSTAZ805 AND STATE ROUTE 94." Moved by Pinson, seconded by Reid, Resolution No. 12,186 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, these Ordinances be presented to Council by title only. Carried by unanimous vote. Ordinance No, 1534 (18/36/46.4), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT -•OF --WAY FOR HARBISON AVENUE BETWEEN 20TH AND 24TH STREETS." Moved by Pinson, seconded by Camacho, Ordinance No. 1534 11(4/2eige 4) be adopted. Carried by unanimous vote. Ordinance No. 1535 ( 8/$/?4-2), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT-OF-WAY FOR QUARTER SECTION 130 (8TH STREET BETWEEN PALM AND EUCLID AVENUES, 7TH STREET BETWEEN PALM AND 'Q' AVENUE AND IQ' AVENUE BETWEEN 7TH AND 8TH STREETS)." Moved by Camacho, seconded by 'Pinson, Ordinance No. 1535 (19/24/W6-•3) be adopted. Carried by unanimous vote. Ordinance No. 1536 (1e/a /46-4), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT-rOF-WAY FOR QUARTER SECTION 106, PORTIONS OF 8TH STREET BETWEEN EUCLID AND HARBISON AVENUES." Moved by Pinson, seconded by Camacho, Ordinance No. 1536 (W8e/ 6,-3) be adopted. Carried by unanimous vote. Ordinance No. 10/26/76-4, "An Ordinance Amending Ordinance No. 891 Regulating the Keeping of Birds and Animals." Moved by Reid, seconded by Pinson, this be filed, Carried by unanimous vote. REPORT OF CITY ATTORNEY - No report. REFERRALS The City Attorney's and Director of Public Works' REPORT on EUCLID AVENUE WALL stating the contractor agreed to raise about 80% of the 11/9/76 215 wall by one block height, on a time and materials basis, cost not to exceed. $6,500 was presented. City Attorney McLean stated he and Director of Public Works Hoffland have gone over the plans and specifications and visited the site and it is their position that the Contractor has built the block wall according to the plans and specifications; there is nothing to be done as far as demanding more work on the part of the contractor; if the City wants an extra brick laid to bring it up to a certain height, then the City will have to pay for it. Moved by Reid, seconded by Pinson, it is in the public interest to increase the hei ht of the block wall b one block and to cap it. There was further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. PUBLIC HEARINGS The HEARING on proposed changes to the BUSINESS LICENSE FEES was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. Moved by Camacho, seconded by Reid, Council should direct Staff to work with a committee formed by the Chamber of Commerce to work this roblem out to mutual satisfaction to come to a solution; the Chamber of Commerce delegate a committee to work with staff to solve the problem* and the Ma or also work with the committee. PEGGY ROARK, (President, Chamber of Commerce), 335 Surrey Drive, Bonita, was present and stated that a task force has been working on the problem. Council asked if Chamber could report in two weeks. VIC DE FORREST (Manager, Chamber of Commerce), 1214 Fairlomas, stated that it would be impossible to complete the job in two weeks; there's considerable discussion that will have to go into this and it involves volunteers who have only a certain amouht of time to give. Mayor Morgan asked Mr. De Forrest and Mrs. Roark to try to meet with their task force and report back to Council within two weeks. They stated that they will make every effort to comply. MARION COOPER, 91 Shasta Street, Chula Vista, a National City businessman, stated that he was head of the Task Force and he doesn't feel that the Council is being reasonable in expecting the task force to bring back a report in such a short period of time for two reasons; (1) volunteer people are being uoed and (2) the problem has been with us for a long time; the City has had an unfair licensing procedure for years and it has been allowed to go on for too long; we can't figure out what kind of a formula they used on this thing. Motion carried by unanimous vote. The BEARING on the City's THIRD YEAR APPLICATION for Community Development BLOCK GRANT Funds and on amendment of City's second Year Community Development Block Grant Program was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated that the Commission is asking Council's approval of an amendment to the Second Year Block Grant Program; this is a technical amendment, a matter of internal transfer to the budget $120,000 from one acquisition line item to another (see Document No. 58545 on file in the office of the City Clerk); the citizens committee of the City has reviewed the matter and has recommended approval; the subject of the public hearing is approval of Block Grant Program for Year Three and to hear from citizens of the community. Mr. Peterson stated that they are pursuing in the third year program the Center City Project for which project Block Grant funds are being utilized; also the Seniors Housing Project and related grading and drainage, street improve- ments, utility work; to continue relocation of individual businesses where they have acquired property; to perhaps buy additional proper- ty, and to relocate the Kimball House; those are the Third Year Program goals; they also hope to engage in a housing assistance program, 200 units have been approved by.Council. No one from the audience spoke in this regard. Moved by Pinson, seconded by Camacho, the ublic hearingbe closed and we a rove the recommend- ation from the Community Development manacles. Carried by unanimous vote. 11/V76 216 The HEARING on Resolution of Intention No. 12,145 (ALLEY between Hoover Avenue and Coolidge Avenue and 17th Street to 18th Street, Assessment District No. 186) was held at this time. City Clerk Campbell stated the Certificate of Publication, City Engineer's Affidavit of Posting and Clerk's Affidavit of Mailing of Notices are on file. ROBERT ONLEY, Assessment Engineer for the City, was present and displayed a map of the boundaries of the district. Mr. Onley stated they proposed to grade the alley with a combination of concrete, black top; the construction costs are estimated at $7,738,98; no protests have been received relative to the project. No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the Resolution of Intention to the alle between 17th and 18th Street be acce ted and we adhere to all the Plannin Commission's recommendations. Carried, by the following vote, to -.wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. The HEARINGS Items 6, 7, and 8 on the Agenda were held at this time: The HEARING (6) on SPECIFIC PLAN for portions of 9th Street and Terry Lane between "R" and Euclid Avenues (SP-10-76); and (7) SPECIFIC PLAN for portions of "I" Avenue between 16th and 20th Streets (SP-26-76) ; and (8) SPECIFIC PLAN for Quarter Section 129, portions of 8th Street between Palm and Euclid Avenues, 12th Street between "R" Avenue and I-805, and 16th Street between Palm and Grove Avenues (SP-28-76). City Clerk Campbell stated the Certificates of Publica- tion and Affidavits of Mailing for all of these items are on file. Plannning Director Gerschler stated the Planning Commission conducted public hearings on these items, received no opposition testimony and recommended adoption of all three Specific Plans. No one was present in this regard. Moved by Camacho, seconded by Pinson, the hearin be closed and the Planning Commission's recommendations approving the Specific Plans be approved according to the Planning Commission's specifications. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None, Abstain: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 17, dated November 9, 1976, in the amount of $74,106.96 (Warrants Nos. 55975 through 56045) and WARRANT REGISTER NO. 18 dated November 9, 1976, in the amount of $90,206.60 (Warrants Nos, 56046 through 56114) was presented. Moved by Pinson, seconded by Camacho, this be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A CLAIM FOR DAMAGES by Goverment Employees Insurance Company on behalf of Homer D. Wilson alleging damage to his vehicle July 2, 1976, was presented. Moved by Camacho, seconded by Reid, this be denied and referred to the City Attorney. Carried by unanimous vote. A letter from MAAC Project requesting City• to LEASE FACILITY at 825 "A" Avenue and sublease to MAAC in order to qualify for grant assistance was presented, Moved by Pinson, seconded by Reid, An favor of the recommendation of the Staff and that is that this izt.thy. n through ,, a ' aly. ELVIRA DIAZ, Planning Director, MAAC, was present and stated that MAAC feels confident a lease could be developed that would allow some flexibility (in the event that the MAAC Project would not continue to receive funding) without any liability to the City; she would like to see Council pursue that; Mr. Jaeckel, owner of the property in question, would be willing to work out something with the City. City Manager Bourcier stated the item was referred to Ron Ballard, Asst. to the City Manager, who met with Mr. Jaeckel and they did have discussions regarding the ]ease. Ms. Diaz stated they have a variety of funding sources including the County but the County is not the primary funding source. Councilman 11/9/76 217 Dalla stated that one of the communications from MAAC stated a ten- year irrevocable lease must be in possession of the City; one of the concerns is that if we sign a lease for ten years at that rate and there are some changes in terms of federal funding, we could end up with a ten-year lease without a tenant or a tenant who needs only a small portion of space. Moved by Morgan, seconded by Dalla, the motion be amended to include having the City Manager help MAAC make contact with the County to work this problem out and also we pursue a joint powers venture with the Count on this project. Amendment to the motion carried by unanimous vote. Motion carried by unanimous vote. Asst. to the City Manager Ballardss report and recommendations regarding Hart Field LEASE AGREEMENT with the NATIONAL CITY FIRE SOFTBALL TEAM (The proposed agreement is similar to the existing lease except for the following: (a) an exclusive right for the use of concession stand; (b) in addition to home games, exclusive use of the field two days per week, two hours per day; (c) the ability to erect signs on the field fencing (presumably for advertising); (d) allows for the sale of alcoholic beverages in the park; and, (e) does not terminate until 1981. The staff recommended dis- approval of the request and lease agreement.) was presented. City Manager Bourcier stated that staff doesn't feel that the field should be tied up for three, four, five years in advance. Mayor Morgan asked Asst. to the City Manager Ron Ballard if the National City Fire could plan on usage of the field next year by going to the Park and Recreation Department and scheduling their dates. Mr. Ballard stated there is a scheduling policy; however, the City's own programs would take priority; the issue is whether or not they would be able to charge admission; there has been a conflict in the past. ANTHONY CURTIS and IAN ATKINS, 2129 Lynette Avenue, Lemon Grove, owners of the FIRE were present and stated that as yet their League has not set up a schedule for the coming year; but they need to know they can use Hart Field; they would be willing to work around Pony League and not be in conflict with any other organizations; they want to work with the City Council. Mayor Morgan stated that it sounds like a scheduling problem, the field was built to use and should be available to all grcups wanting to use it. It was stated there is also a problem regarding concessions and the sale of beer and a decision will have to be made regarding this. There was further discussion. Mayor Morgan stated he doesn't think Council has any objections to Fire using the field as long as it isn't in conflict with non-profit groups using it. City Manager Bourcier stated staff would be happy to meet with Fire and work out the problem; however, in the report that Council has there are other things that need to be discussed and guidance needs to come from Council; the Agreement proposed by Fire which they want the City to enter into gives them an exclusive right to the use of the concession stand; it also gives them exclusive use of the field two days a week and two hours on other days; and allows for the sale of alcoholic beverages for a duration of five years; it Is these points that the City Manager is recommending against. Moved by Pinson, seconded by Reid, public park facilities not be used for private purposes. There was further discussion. Mr. Atkins stated that a schedule is needed because for each game not played they must forfeit $1,000, so they must have some kind of assurance. Motion carried by unanimous vote. Councilman Camacho recommended that everything the National City Fire is asking Council to consider, (use of park, concession stands, alcoholic beverage sales, etc.) should be discussed with the City Manager and a recommendation brought back to Council. There was discussion regarding the sale of alcoholic beverages in the park. Moved by Camacho, we allow the National City Fire to sell beer for the whole season. Motion died for lack of second. Moved by Dalla, permission be denied to sell beer every time there's a ballgame. Motion died for lack of second. Director of Building and Housing Biggs' REPORT and RECOMMENDATIONS on GRAFFITI AT CASA DE SALUD RECREATION BUILDING (To eliminate the 11/9/76 218 constant problem of graffiti and its attendant maintenance costs to the City, it was recommended that Council permit the youth [both boys and girls] of the neighborhood to paint wall murals on the building externr depicting the history and culture of Mexico) was presented. Moved by Reid, seconded by Pinson, this recommendation be denied, and the oripinalplan re9ardin9 landscaping of the area as worked out by Staff be carried out. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. CONSENT CALENDAR Planning Commission Resolution No. 53-76, a resolution of the Planning Commission denying an application for VARIANCE to allow development of one additional dwelling unit on property located at 1604 PROSPECT STREET was presented. City Clerk Campbell stated that an appeal has been received and a hearing set for November 23rd. REPORTS CITY MANAGER City Manager Bourcier stated that there will be a public hearing Friday regarding LAFCO's sphere of influence; the City's Planning Director has given Council a recommendation of what he would like to say and would like an expression from Council it is acceptable. Moved by Pinson, seconded by Camacho, in favor of the recommendation 12LagaiiiiNgiasjaresIoE. Carried by unanimous vote. PLAPernsid 1:110 Ping Cbmmission's RECOMMENDATION that LOT SPLIT for south- we-0 quadrant of the intersection of 1-805 and Plaza Boulevard be approved subject to seven conditions as listed on Document No.58612 on file in the office of the City Clerk was presented, Mayor Morgan stated this is his property and he would therefore turn the meeting over to the Vice Mayor. Mayor Morgan took a seat in the audience. Vice Mayor Reid sat in the Mayor's chair. Planning Director Gerschler stated the Planning Commission hoard this case and recommended that the lot split be approved subject to the seven conditions; the City Engineer has since reevaluated the case and recommended that you eliminate conditions c, d, and g on the grounds they are no longer necessary: (c) street improvement shall be installed along with Plaza Blvd. frontage in accordance with the requirements of the Director of Public Works or deferral arrange- ments prior to approval of the final map; (d) that an improvement security be furnished in the amount determined by the Director of Public Works to guarantee the performance of required street improvements; (g) the final map for this parcel map shall hot be approved or recorded until an agreement between the property owner and the City for the timely completion of all public improvements required herein, with suitable security attached, has been accepted by the City Council. Moved by Pinson, seconded by Camacho, in favor of the Plannin Commission's recommendation and that c d and g be eliminated on the Planning Commission's reeat. City Engineer Hoffland stated the only street improvements required on the parcel map are sidewalk improvements; they would normally be required as part of the building permit and later instead of requireing a bond or a elaborate agreement through the Attorney's office, the occupancy permit is usually held, so this would save duplication. Motion carried by the following vote, to. -wit: Ayes: Camacho, Pinson, Reid, Nays: Dallas Absent: Morgan. Planning staff's recommendation that RESOLUTION OF INTENT be adopted to VACATE portion of 24TH STREET, south side, in vicinity of WILSON AVENUE, public hearing be set, and Planning Commission recommendation be considered at that time was presented. Planning Director Gerschler stated that if Council wishes to proceed with this matter it would be appropriate to instruct the. City Attorney to prepare a Resolution setting a date for hearing, Moved by Camacho, seconded by Reid, the ati,..6112122y be instructed to set a date for hearing. Carried by unanimous vote. 11/9/76 219 The Planning staffts recommendation that RESOLUTION OF INTENT be adopted to vacate portion of "K" AVENUE located at the north end of the 1200 block, public hearing be set, and Planning Commission recommendation be considered at that time was presented. Planning Director Gerschler said it is recommended the City Attorney be instructed to prepare a Resolution setting the time and date for a public hearing. Moved by Camacho, seconded by Reid, the City Attorney prepare a Resolution setting the time and date for a public hearing. Carried by unanimous vote. CITY TREASURER -FINANCE DIRECTOR Monthly Financial Statements for July, August and September 1976 were presented. Moved by Camacho, seconded by Pinson, they be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS - None. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:00 p.m. _11 City C erk Cit of National City, California The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of November 23, 1976. ElCorrections .0■11111100, No corrections M or City of National City, California 11/9/76