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1976 12-07 CC MIN
233 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA Der 7, 1976 The regular meeting of the City CCOOBC.1 of the City of .t,io was called to order at 7:30 a►l City p.m, by �9����c"n. ROLL CALL Council members prat: Camacho, Dallas Pinson, Morgan, Absent: Reid. Administrative officals 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. Atwell Stewart, St, Matthew's Episcopal. Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meetin s of Nov. 16 1976 and Nov 23 1976 be roved. Carried by unanimous vote. Absent: Reid, PRESENTATIONS AND PROCLAMATIONS w None. MAYOR'S APPOINTMENTS ,. None. ORAL COMMUNICATIONS .. None„ ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions be resented by title only. Carried by unanimous vote. Absent: Reid, Resolution No. 12,197, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF UNBUDGETED RESERVES, FUND 22, FOR PEDESTRIAN ACTIVATED TRAFFIC SIGNAL ON PLAZA BOULEVARD," Moved by Camacho, seconded by Pinson, Resolution No. 12 197 be approved. Mayor Morgan stated he spoke to the three neighbors on the north side, east of the walk (foot of the steps where the children cross) and they have no objection to a red curb back 150 feet; this would allow Engineering to put a light at the foot of the steps instead of going west 80 feet. Moved by Pinson, seconded, by Camacho, the motion be amended to include theput the li ht at foot of ste s and red curb 150 feet. Amendment carried by unanimous vote. Absent: Reid. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Morgan. Absent: Reid. Resolution No, 12,198, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY Cw.G. & Assoc., Ltd., Northeast Corner of Sweetwater Road and Grove ," Moved by Camacho, seconded by Pinson, Resolution No. 12,198 be ado ted0 Carried by unanimous vote. Absent: Reid. 9 Resolution No. 12,199, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF $4,730 FROM GENERAL FUND TO FIRE DEPARTMENT ACCOUNT NO. 1519A-570 CAPITAL OUTLAY, BUILDING & PLANT EQUIPMENT." Moved by Camacho seconded by Pinson, Resolution No. 12,199 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,200, "RESOLUTION GRATING ZONE VARIANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (Z.-12-•76 to allow one additional unit on property in the 'D--10' Density Zone at 1604 Prospect)." Moved by Pinson, seconded by Camacho, Resolution No- 12 200 be ador,ted. Carried by the following vote, to -wit: Ayes: Camacho, Da1.ia, Pinson. Nays: Morgan. Absent: Reid, 12/7/76 234 Resolution No. 12,201, "RESOLUTION AUTHORIZIN9 BETWEEN THE CITY AND D.M.D. DEVELOPMENT/APACCCEPT NG SURETY AGREE- MENTUTION OF THEREFOR." Moved by Camacho, seconded by Dalla, Resolution No. 12,201 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,202, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Jones)." Moved by Pinson, seconded by Camacho, Resolution No. 12,202 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,203, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF MONIES FROM UNBUDGETED REVENUE SHARING ACCOUNT #22 TO BUILDING AND HOUSING DEPT. MAINTENANCE ACCOUNTS." Moved by Camacho, seconded by Pinson, Resolution No. 12,203 be adopted. Carried by unanimous vote. Absent: Reid. INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Pinson, the ordinance be presented for first reading by title only. Carried by unanimous vote. Absent: Reid. Ordinance No. 12/7/76-.1, "An Ordinance Establishing a Specific Plan for the Location of Street Right -of -Way for 'Horton's Purchase', Portions of Highland and Euclid Avenues, North of Division." ADOPTION OF ORDINANCES (second reading) Moved by Camacho, seconded by Pinson, these Ordinances for second reading be by title only. Carried by unanimous vote. Absent: Reid. Ordinance No. 1540 (++/83/56.4), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT-OF-WAY FOR 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 16TH STREET BETWEEN 'Q' AVENUE AND I-805 Moved by Camacho, seconded by Pinson, Ordinance No. 1540 (11/44/ge- be adopted. Carried by unanimous vote. Absent: Reid. ) Ordinance No. 1541 (11/24/q6..Q) , "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT -OF. -WAY FOR QUARTER SECTIONS 103 AND 104, PORTIONS OF 8TH STREET EAST OF RACHAEL AVENUE AND OF RACHAEL AVENUE NORTH OF 8TH STREET." Moved by Pinson, seconded by Dalla, Ordinance No. 1541 kl 2,3 be adopted. Carried by unanimous vote Absent: Reid. Ordinance No. 1542 (11/33/g6-3), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC--8-76, TO REMOVE Flood Plain Combining Zone] FROM TOWN & COUNTRY REDEVELOPMENTE FP PROJECT)." Moved by Pinson, seconded by Camacho Ordinance No. 11 33 q6•-3 be ado.ted. Carried by unanimous vote. Absent:Reid. Ordinance No. 1543 (1i/33/; .4), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-9-76, to rezone from CA-PD rCommercial Automotive -.Planned Development] TO CG [Commercial General] THE CITY BLOCK LOCATED BETWEEN 20TH STREETS AND NATIONAL AND ROOSEVELT AVENUES.) AND 21ST pr Moved by Camacho, seconded by Dalla, Ordinance No. Carried, by the following vote, to5wit{43 }�A3es��~4} Camacho be adopted. Pinson. Nays: None. Abstain: Morgan. Absent: Reid., Dalla, Ordinance No. 1544 (33/z"5/.-6,.,6) , "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." seconded by Camacho, Ordinance No. Moved by Dalla, 15 Carried by unanimous vote. Absent:Reid/33/��-.r be adopted. REPORT OF CITY ATTORNEY - None. NEW BUSINESS The Finance Director/City Treasurer payment of WARRANT REGISTER NO. 21, amount of $64,772.79 (warrants nos. is request for RATIFICATION of dated November 30, 1976, in the 56250 through 56294) and PAYROLL 12/7/76 235 for the period Nov, 1-15, 1976, in the amount of $95,981.99; and WARRANT REGISTER NO, 22, dated December 7, 1976, in the amount of $36,135.83 (Warrants Nos. 56295 through 56358) was presented. Moved. by Camacho, seconded by Pinson, these be ratified. Carried, bythe fNoollowinggnvote, to -wit: Ayes: Camacho, Dalla, Pinson, Morga Absent: Reid. Item 18 on the Agenda, request for TRANSFER OF FUNDS: repairs to National City Municipal Swimming Pool, was resolved by adoption of Resolution No. 12,203 (See page 234) . p NATIONAL CITY EMPLOYEES FEDERAL CREDIT UNION'S request to OCCUPY VACATED CITY -OWNED PROPERTY at 21st and Hoover (NCEFCU proposed to use a mobile modular building as expanded office facilities to conduct the business of the city employees.) was presented. Moved by Pinson, seconded by Camacho, this request be approved. There was discussion. Carried by unanimous vote. Absent: Reid. HOME IMPROVEMENT LOAN (pursuant to the adopted Home Improvement Loan Program in an amount not to exceed $20,000, 20-year term, 3-3 4a ) for Gerald W. and Betty Girlinghouse, 2145 E. 10th Street, National City, California, was presented. Arnold Peterson, Exec. Dir. Community Development was present and stated the City Council �b y Resolution No. 11,931 approved a Home Improvement Loan Program on December 16, 1975; the Community Development Commission approved the Program on the same day; on February 17,_1976, the City Council by 5-0 vote, authorized a Home Improvement Loan for Mr. and Mrs,. ' Girlinghouse, pursuant to the approved Program; the Co action amended the Housing Assistance Area boundary totinclude1l subject property and authorized subject loan for a retainer instead of house improvement in subject emergency situation; the approved Program limits a loan to $10,000 and a 15-year term; the City Council, on March 23, 1976, approved a loan not to exceed $18,000, with a 15- year term; bids were solicited for professionally prepared plans and one bid for $24,288 was received on October 22, 1976; this was rejected by the Girlinghouses who went to bid again and on November 18, 1976 received four bids, the lowest of which is $17,500 (the others were $19,977, $24,288, and $25,475 ); applicant's income and ability to pay would support a construction loan of $17,500 plus $2,300 to refinance the existing second trust deed, or $19,800 at 3-3/4% for 20 years; the monthl a be approximately $300, or 28% of oy p yment would seconded by Pinson, in favor of the requesss tiesCarried Moved by unanimo vote, Absent: Reid. by unanimous Item 21 on the Agenda: integration of Police and Fire dispatching functions was resolved by adoption of Resolution No. 12,199 (see page 233.) for Application/personal transfer, Type 41 ON -SALE BEER AND WINE licens by KENJI TAKANEZAWA, dba YOSHINO RESTAURANT, 1231 Highland Avenue e, was presented. Moved by Pinson, seconded by Camacho, this be g Carried, by the following vote, to -wit: Ayes: Camacho Dall approved, Pinson. Nays: None. Abstain: Morgan. Absent: Reid. a, The Director of Public Works' recommendation for approval of EXEMPTI from requirements to INSTALL STREET IMPROVEMENTS at 5 South ON Harbison (Baca) (George Baca's property is about four feet above the grade at Division Street. In order to install curbs and sidew his fence and landscaping would have to be removed or relocatedalks, his driveway would have to be removed and reconstructed)was r and Moved by Camacho, seconded by Morgan, in favor of the Director ofented, Public Works' recommendation. Moved by this be amended to a deferral rather thanlanoe sec© n, by Dalla, make it for ten Amendment failed, by the following vo e,j years. to -wit: Ayes: Dalla, Pinson. Nays: Camacho, Morgan. Absent: Reid. Motion carried, by the following vote, to -wit: Ayes: Camacho Dalla, Morgan. Nays: Pinson, Absent: Reid. ' 12/7/76 236 The Director of Public Works' recommendation to award "CONSTRUCTION OF 4TH STREET in vicinity of Granger Hall, Specification 859," to H.L. Foster Construction Company and the City Clerk's report on opening of sealed bids for same (Bratcher Construction Co., $14,488.60; H.L. Foster Construction Co., $14,937.90; Daley Corporation, $150334.50; R.E. Hazard Contracting Co., $16,349.49; Griffith Company, $17,382.57; T.B. Penick & Sons, $17,704.56; Addax Construction Co. $18,535.50) was. presented. Moved by Camacho, seconded by Della, in favor of the Director of Public Works' recommendation. Carried by unanimous vote. Absent: Reid. The Director of Public Works' recommendation on a REQUEST FOR EXEMPTION from requirements to INSTALL STREET IMPROVEMENTS in 22nd Street west of "K" Avenue (Jones), that 22nd Street would be of public benefit if it were all improved in one overall project between and "K" Avenues and therefore the exemption be granted subject to the property owner signing a statement not to protest a 1911 Act and the alley exemption be denied was presented. Moved by Pinson, in favor of the Director of Public Works' recommendation and that it be a deferral instead of an exemption. Motion died for lack of second. Moved by Camacho, seconded by Morgan, in favor of the Director's recommendation. Dale Hoffland, Director of Public Works, stated there were two aspects to the application; one was street improvements to 22nd Street adjacent to the property; another was exemption from alley improvements adjacent to the property; he recommends they grant exemption for the street improve- ment and deny the exemption for the alley Improvement. Motion carried by unanimous vote. Absent: Reid. CONSENT CALENDAR Planning Commission Resolution No. 59-76 (Item 26), a resolution of the Planning Commission of the City of National City, California, DENYING an APPLICATION for ZONE VARIANCE to allow construction of a single family dwelling with a zero (0) foot front yard setback on vacant property located immediately north of 122 "K" Avenue (TRESSA DEARWESTER & JAMES CARROLL) and Planning Commission Resolution No. 60-76 (Item 27), a resolution of the Planning Commission of the City of National City, California, APPROVING an application for ZONE. VARIANCE to reduce required front and exterior side yard setbacks from five feet to zero feet and thereby remove the requirement for landscaping said setbacks at 1605-1635 National Avenue (RICHARD B. SIMON) was presented. Council- man Pinson stated that Item 26 should be referred back to the Planning Commission and Engineer and property owner to see if they could work out a solution satisfactory to all. Planning Director Gerschler stated there was a legal problem on what Council could do; the Planning Commission's jurisdiction is ended and Council now has the option of either filing or setting the matter for public hearing. Moved by Morgan, seconded by Pinson, this item be set for public hearing, TRESSA DEARWESTER was present and stated that Mr. James Carroll is unable to construct the house unless he gets a zero setback due to the costs involved; the Fire Department is insisting on a turn -around ar%asin front of the house, but this is a very short cul-de-sac. It/stated that Council would like to see a single fa. ly home go in there but many of the departments have raised objections and everyone needs to be heard concerning the technical problems involved. Motion carried by unanimous vote. Moved by Pinson, seconded by Camacho, Item 27 be filed. Carrie by unanimous vote. Absent: Reid. WRITTEN COMMUNICATIONS The National School District's request that a portion of CITY PROPERTY south of Kimball School be DEEDED to the National School District for use as a mini -park; the school district is in the process of selecting school sites for the proposed four acres of turf and cannot maintain land unless the district owns it was presented. Mayor Morgan stated the School District is meeting tomorrow regarding this and they need to know the feelings of the 12/7/76 237 Council in leasing or deeding this property to them. City Attorney McLean stated there is no problem with the City leasing to the District but it is beyond the school's legal authority to maintain the property if they don't own it. DELTON REOPELLE, District Superintendent, National School District, was present and stated that since earlier communication with the Council he has spoken to County Counsel and has been assured that the property can be either deeded, with the condition that when the property ceases to be a mini -park it reverts to the City, or it can be leased and, if leased, the district has the legal right to maintain the property. Moved by Camacho, seconded by Pinson, we lease the property to the National. School District for as long as they use it. Carried by unanimous vote. Absent: Reid. Councilman Pinson's request for Planning Commission to study crea- tion of a PARKING facility and closing of "A" Avenue between 8th and 9th Streets was presented. Moved by Camacho, seconded by Pinson, in favor of the request. JAMES LEDBETTER, 3421 Eleanor Place, was present and stated this was one of the most convenient streets and this would divert traffic to National Avenue to get to the banks and considerable thought should be given before anything is done. Motion carried by unanimous vote. Absent: Reid. REPORTS CITY MANAGER - No report. PLANNING The Planning Commission's recommendation that TENTATIVE PARCEL MAP for property north of 26th Street between"I" and "J" Avenue be approved subject to five conditions (2532 "J" Avenue, ROBERT PIMENTEL the conditions include: 1. that the owner dedicate a portion of "I" Avenue adjacent to parcel no. 2 as recommended by the City Engineer prior to recording the final map; 2. the final map to designate existing monuments, basis of bearing, and indicate monuments set to retrace map; 3. install improvements to "I" Avenue adjacent to parcel 2, improvements to include grading and paving, curb and gutter; 4. that all sewer connection fees as required by the Director of Bldg. & Hsg. be paid as follows: parcel 2 - $558.00 based on property frontage of 68 feet; 5. the final map for this subdivision (parcel map) shall not be approved or recorded until an agreement between the property owner and the City for the timely completion of all public improvementsrequired herein, with suitable security attached, has been accepted by the City Council, was presented. Moved by Camacho, seconded by Pinson, in favor of the Planning Commission's recommendations. Carried by unanimous vote, Absent: Reid, The Planning Commission's recommendation that FINAL. MAP for SWEET - WATER TOWN & COUNTRY SHOPPING CENTER be adopted as recommended by staff (Staff recommended approval with the stipulation it not be released by the City Engineer for recording until the subdivider has executed and submitted a covenant running with the land, form and content to be approved by the City Attorney, agreeing that prior to the sale of either proposed Lot 8 and/or Lot 10, access easements shall be granted to said lots) was presented. Moved by Camacho, seconded by Pinson, in favor of the Planning Commission's r222m2EdAtion. Carried by unanimous vote, Absent: Reid. COUNCIL COMMUNICATIONS MAYOR MORGAN stated there is a house on Roosevelt at llth Street with a red tag on it and it's very dangerous and asked what could be done. N.S. BIGGS, Director of Building & Housing was present and stated there are several and a report has been made and turned over to the City Attorney. 12/7/76 238 MAYOR MORGAN asked Arnold Peterson, Executive Director, Community Developement, if Christman Industrial Park could be enlarged (there is a automobile dealer who wants to build a new agency in National City) also what could be done to enlarge the survey area for downtown. Mr. Peterson stated he would prepare resolutions and review them with the City Attorney to amend the existing survey areas; the one that pertains to the Christman project on the one hand and the one that pertains to the Center City project on the other and include additional areas. Moved by Morgan, seconded by Camacho, Mr. Peterson be instructed to prepare such resolutions. Carried by unanimous vote. Absent: Reid. Mayor Morgan called an Executive Session on personnel matters at 8:20 p.m. Council reconvened at 8:23 p.m. ROLL CALL Council members present: Camacho, Pinson, Morgan. Absent: Dalla, Reid. Moved by Camacho, seconded by Pinson, we accept Mr. Bourcier's =21192uaa. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan, Nays: None. Absent: Dalla, Reid. Moved by Camacho, seconded by Pinson, the meeting be closed. Carried by unanimous vote. Absent: Dalla, Reid. The meeting closed at 8:23 p.m. City Cle City bf National City, California The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of December 1976. Corrections ETno correction Alay r City of National City, California 1 2/7/7 6