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HomeMy WebLinkAbout1976 11-16 CC MIN220 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 16, 1976 The regular meeting of the City Council of the City of National Cit was called to order at 7:30 p.m. by Mayor Morgan. Y ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier Gunnarson, Hoffland, McLean. , Campbell, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourc.ier followed with invocation by the Rev. Robert Davis, First United Methodist Church. APPROVAL OF MINUTES City Clerk Campbell stated the minutes of the regular meeting of November 9, 1976, were not completed. PRESENTATIONS AND PROCLAMATIONS The City Clerk read two proposed proclamations: "ST. MARY'S GOLDEN JUBILEE DAY," November 18, 1976, and "CALIFORNIA CELEBRATES THE WHALE DAY," November 20, 1976. Both were approved by unanimous vote on motion of Councilman Dalla, seconded by Councilman Pinson. The Mayor presented the "ST. MARY'S GOLDEN JUBILEE DAY" proclamation to Father Borda and Mrs. Phyllis Banke of St. Mary's Church,. MAYOR'S APPOINTMENTS Mayor Morgan said that although it was not listed on the Agenda he would like Council to consider the appointment of Mrs. Martha Smith, 910 N Avenue, to the Senior Citizens Committee, seconded by Reid, the ointment be Moved by Camacho, vote. appointment approved. Carried by unanimous ORAL COMMUNICATIONS .. None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented for adoption by title only. Mayor Morgan said he was involved in one of the resolutions and asked if he might vote on the motion. The Cit Attorney said that as the motion was merely to dispense with the Y reading of the resolutions in full, the Mayor could vote, Motio carried by unanimous vote. n Resolution No. 12,187, "RESOLUTION APPROVING TENTATIVE PARCEL MAP - SOUTHWEST QUADRANT OF THE INTERSECTION OF I-805 AND PLAZA BOULEVARD." Moved by Camacho, seconded by Reid, Resolution No, 12,187 be adopted. Mayor Morgan stated he would abstain as he was involved. The City Attorney suggested that if the Resolution were adopted the Vice Mayor sign. Carried, by the following vote, to••wit: Ayes: Camacho Dallas Pinson, Reid, Nays: None. Abstaining: Morgan. ' Resolution No. 12,188, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 24TH STREET, SOUTH SIDE IN THE VICINITY OF WILSON AVENUE." Moved by Reid, seconded by Camacho be adopted. Carried by unanimous vote. Resolution No. 12�188 11/16/76 221 Resolution No, 12,189, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE NORTHERLY END OF 'K' AVENUE WITHIN THE 1200 BLOCK.." Moved by Reid, seconded by Camacho, Resolution No. 12,189 be adopted. Carried by unanimous vote. Resolution No. 12,190, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF UNBUDGETED RESERVES, FUND 10, TO EUCLID AVENUE WALL FUND." Moved by Camacho, seconded by Reid, Resolution No. 120 190 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Resolution No. 12,191, "RESOLUTION AUTHORIZING CONVEYANCE OF REAL PROPERTY (CAL -AM WATER COMPANY FOR FIRE HYDRANT IN LAS PALMAS PARK)." Moved by Reid, seconded by Dalla, Resolution No. 12,191 be adopted. Carried by unanimous vote. Resolution No. 12,192, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (QUITCLAIM DEED -. JEFFREY C . HAMANN AND JON P . HELLAND) . " Moved by Pinson, seconded by Dalla, Resolution No. 12,192 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, Seconded by Reid, the Ordinances be presented for first reading by title only. Carried by unanimous vote. Ordinance No. 11/16/76-1, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of -.Way for Portions of 9th Street Between 'R' and Euclid Avenues and for Terry Lane Between 'R' Avenue and I-805. " Ordinance No. 11/16/76_2, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of --Way for Portions of 'I' Avenue Between 16th and 20th Streets," Ordinance No. 11/16/76-3, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of -Way 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." REPORT OF CITY ATTORNEY - None, NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 19 dated November 16, 1976 (Warrants Nos. 56115 through 56163) in the amount of $93,349.97 was presented. Moved by Camacho, seconded by Reid, the Warrant Register be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson Reid, Morgan. Nays: None. 9 The City Manager's recommendation the request of SWEETWATER HIGH SCHOOL to eliminate the 10% ADMINISTRATIVE CHARGE FOR POLICE SERVICES be approved and the 10% charge paid by the School on police salaries of officers providing secuirty at school -sponsored events be eliminated was presented. Moved by Reid, seconded by Camacho t City Manager's recommendation be approved.9 he Carried by unanimous vote. The Acting Fire Chief's recommendation the GAMEWELL MUNICIPAL FIRE ALARM SYSTEM be removed from service and his report supporting the recommendation were presented. Moved by Camacho, seconded by Reid, in support of the Fire Chief's recommendation. Carried by unanimous vote. The application for ON SALE GENERAL, PUBLIC PREMISES License (Stock transfer pursuant to Sec. 24071.1) by G. H. Dodds, Inc., dba HAROLD'S CLUB, 29 West 8th Street, was presented. Moved by Camacho.s seconded 11/16/76 222 by Pinson, it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The application for ON SALE GENERAL BEER AND WINE, PUBLIC PREMISES License, by Mary E. and Richard A. Sanders, dba BRANDY'S 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 Director of Public Works' recommendation of approval of EXEMPTION from requirements to install ALLEY IMPROVEMENTS adjacent to 2226 through 2304 'J' Avenue (Jiminez) was presented. Moved by Camacho, seconded by Reid, in favor of the Director of Public Works' recommendation. Moved by Pinson, seconded by Camacho, the motion be amended to include that it be exempted providing the owner execute a Covenant Running with the Land. Amendment earried by unanimous vote, Motion carried by unanimous vote. The Planning Director's NOTICE OF DECISION and Planning Commission RESOLUTION NO. 54-76 approving an application for CONDITIONAL USE PERMIT at the vacant lot located between 1118 and 1130 "C" Avenue (Assessor's Parcel No. 556-550-22) to allow construction of a single family dwelling was presented. Ordered filed by unanimous vote. The Planning Director's TRANSMITTAL in regard to tentative parcel map, SE corner of 9th Street and "AP Avenue, HERITAGE SQUARE, Community Development Commission applicant, stating the Planning Commission recommended approval subject to three conditions and found the map consistent with the General Plan was presented. Moved by Pinson, seconded by Camacho, the Planning Commission's recommenda tion be a roved. Carried by unanimous vote. The Planning Director's TRANSMITTAL in regard to the final sub - map, STANLEY ESTATES SUBDIVISION, stating the Planning Commission found the map complied with the tentative map with the exceptions of items 17, 24, and 28 of Resolution No, 12,087 (Note: These items were complied with prior to Council meeting per Asst. Planning Director Gunnarson) and recommended approval and adoption by the City Council was presented. Moved by Camacho, seconded by Pinson, in favor of the Planning Commission's recommendation. Carried by unanimous vote. PUBLIC HEARINGS The Hearing on the PROPOSED ZONE CHANGE TO REMOVE FP (Flood Plain Combining Zone) from the SWEETWATER TOWN & COUNTRY REDEVELOPMENT PROJECT located between 1-805 Freeway and Edgemere Avenue and between Sweetwater Road and SR-54 Freeway right-of-way (2C-8-76) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing the Notices of the Public Hearing were on file. Asst. Planning Director Gunnarson stated the site has been raised out of the Flood Plain; the Planning Commission and the City Engineer recommend removal of the FP. No one was present in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the ro osed zone chan e to remove FP from the Sweetwater Town & Country Redevelopment Project be approved. Carried by unanimous vote. The Hearing on the PROPOSED ZONE CHANGE TO REZONE FROM CA-PD (Commercial Automotive -Planned Development) to CG (Commercial General) the city block located between 20th and 21st Streets and National and Roosevelt Avenues (ZC-9-76) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing Notices of the Public Hearing were on file. Asst. Planning Director Gunnarson stated this was a follow-up to a General Plan change and was recommended by the Planning Commission. No one was present in this regard. There was discussion. Moved by Pinson, seconded by Camacho, the hearin9 be closed and the Planning 11/16/76 223 Commission's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Daa, Pinson, Reid. Nays: None, Dana, Abstaining: Morgan. The Hearing on APPEAL OF NOTICE OF INTENTION TO REMOVE AN INOPERA- TIVE VEHICLE as a public nuisance at 1429 Manchester Street was held at this time. Asst. Planning Director read in full the Plannin Department memo dated November 4,giving the background, g findings (re -inspection on November 4 revealed the following probable violations: 1. Used automobile parts and parts of a vehicle located within the front yard area and driveway; 2. Moved -in garage without City Council authority) and attaching: 1. Building Dept. memo dated 10/14/76; 2. Letter to property owner dated 10/18/76; 3. Letters to Carlma Holder and Zearl & Carlma Holder dated 10/20/76; and 4. Letter of appeal dated 10/22/76. City Attorney McLean advised that the only matter before the City Council was whether or not an auto-. mobile with license number PAV 747, a 1967 Ford, was a wrecked and inoperative vehicle; the staff has determined that automobile is inoperative and should be removed from the property at cost of the owner; the owner has appealed; the only question is whether or not the 1967 Ford is or is not a wrecked, inoperative vehicle. RAY (Zearl) HOLDER, 1429 Manchester Street, was present and stated the Fordwas a '65, not '67; also included in the letter is an abandoned refrigerator, which is a drinking fountain; the car is operative if he wanted to drive it down the street holding one fender, he could do so. Mr, Holder said a couple of months ago a drunk came do street and r�:n into the Ford; the (investigating) officer refused d the take statements of neighbors the man had run through to they sent him to the hospital; they took beer cans out oftopthe car; they say they gave him a sobriety test and he passed it; he doesn't have insurance; they told us to push the car over and it would be all right; later they gave us a ticket because the car had been parked, on the street for more than 72 hours; they told us to push it in the backyard; now they tell us we are in violation; we are being harrassed; the complaint was filed by a police officer. Mr. Holder continued the letter also stated he has a his boy has parts off the vehicle and is painting Jit. edInuanswne erg a question by Mayor Morgan, Mr. Holder said his attorneyhas aec to filed to get the money to buy case asked if he intended to waittofix the fcar 1until the City Attorney settled. Mr. Holder said if he could find the parts ereasonable he would fix it before then; the car is a "classic", he shouldn't have to get rid of it. Mayor Morgan asked if he was going to take it to the shop or if he intended to do it at home. needed the fender replaced; his boy does this kind Hofdwork; h iter said odiy it in school; it is better than having him run on the streets.a studies Attorney McLean displayed a photograph of the car. Councilman Pinson said he noticed the right wheel was missing, Mr. Holder replied it had a flat, Councilman Pinson said the City has an ordinance which says you cannot have an inoperative car on private property. City Attorney McLean said staff is of the opinion that when a car does not have all four wheels on it and cannot be operated without repairs it is inoperative. Mr. Holder said he talked to his attorney9 a week ago and he has filed. a case in court but he has not heardoyet when the case is set. City Attorney McLean asked if it was in y South Bay Municipal Court and said if so, it would be at least a before it was scheduled to be heard. Year ns the car was hit. Mayor Morgan asked whenPlanningwassh asked id of f the Car, Asst. Planning Director Gunnarson said they werenotifie October 14. Mr, Holder said it was wrecked a month or so before d Councilman Dall a asked if the repair of the vehicle depended on th outcome of the .legal action. Mr. e the repairs was $900. Councilman Dallarasked lif his ed the atestimate on had advised him not to repair the car until after the legal taction. Mr, Holder said the attorney said it was not advisable to fix it until then, Vice Mayor Reid asked if he 'could get it out in 30 Holder said he could move it in 30 days; heput a tarp days.oMr over it; he could not take it down and pay $3.00 a day storage. Councilma n 11/16/76 224 Pinson said Mr. Holder understood the reason for the ordinance and lives in a nice area; the neighborhood could start to deteriorate; the neigh- bors get concerned and worried about it; try to keep the standards of the neighborhood up. Mr. Holder asked if you had a "classic" automobile you were restoring would you pay $3.00 a day storage. Councilman Camacho asked if the car was operable when it was hit. Mr. Holder said his wife drove it every day. Councilman Camacho said it was apt to be a year on the court calendar. Mayor Morgan said Mr. Holder put Council on a spot; Council is here to uphold the law and has had little encouragement from him; and asked if Mr, Holder could get it off his property in 30 days. Mr. Holder said he could get it off in two days. Councilman Dalla asked if he thought his yard was unique; most of the yard could be seen from the street; as long as the car was not visible from the street and not a public nuisance there would be no problem; the car can be seen from the street. Mr. Holder said he had two large pine trees there; you would have to look hard to see the car. MRS. CARLMA HOLDER was present and said the car was hers; on September 15 a man ran into her car parked in front of her house; the man came down from Angelo Drive and didn't stop at the "Stop" sign; he was exceeding the speed limit; he wrecked her car, her daughter's car and put her son in the hospital; so 72 hours later an officer came out and gave her a ticket for parking over 72 hours; he said "park it in your backyard;" then she got a letter saying "move it." Mrs. Holder said she couldn't afford the $900 to restore the car; $3,00 a day storage would eat up what the court might award. Mayor Morgan said Council has to uphold the laws; if not, pretty soon everybody will start doing this and what kind of town would we have. Mrs. Holder said she paid the ticket and the man who wrecked the car does not have insurance; he is in the Navy and they could not attach his Navy pay; she wants to restore this car; she doesn't have collision insurance on it; Officer Lemon said "put it there." Moved by Morgan, seconded by Reid, we contin- ue this for 30 days and if the car is not moved by that time, or some- thin9 worked out, we will have to take action at that time. Carried by unanimous vote. The HEARINGS ON SPECIFIC PLANS for: 1. QUARTER SECTIONS 107 AND 128, portions of PROSPECT STREET and EUCLID AVENUE between 20th and 22nd Streets, portions of LANOITAN AVENUE between 18th and 24th Streets and portions of I6TH STREET between "c," Avenue and 1-805 (SP-31-76) and 2. cUARTER SECTIONS 103 AND 104, portions of 3TH STREET east of Raechel Avenue and RAECHEL AVENUE north of 3th Street (SP-32-76) were held at this time. The City Clerk reported the Certificatesof Publication and Affidavits of Mailing Notices of the Public Hearings for both specific plans were on file. Asst. Plan, Dir. Gunnarson stated in both cases the improvements were in and the plans are strictly housekeeping matters; the Planning Commission recommended approval of both. No one was present to speak. Moved by Pinson, seconded by Reid, the hearings be closed and the Plannin Commission's recommendations on both items bepproved. 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 8:15 p.m. City Cler The foregoing minutes were approved by tide City C uncil of the City of National City, Calif., at the regular meeting of 1976. Corrections Correctio Mayo City of National City, California 11/16/76