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HomeMy WebLinkAbout1975 01-21 CC MIN167 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 21, 1975 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, Asst. Planning Director Gunnerson, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Bourcier followed with invocation by the Rev. Allen Sackett, Chaplain, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of January 14, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS MARY VOIGHT, representative and Director of AARP (American Association of Retired Persons) was present and requested a PERMIT to hold a BAKE SALE in South Bay Plaza booth on the 22nd of February. Moved by Camacho, seconded by Pinson, this request be granted. Mrs. Voight was advised it would be necessary to go through the License Clerk for the permit. Carried by unanimous vote. ROBERT PELTIER, 1845 "J" Street, was present and said his wife attempted to enroll their 4-year old son in public pre-school program; she tried every school in National City; they learned they cannot enroll their child in school because he makes a moderate income; Councilman Pinson referred him to School Board Member Barbara Strahan; she notified him last night that the only way their child can get into a pre-school program is if he made less than $7,000 yearly or was of a minority race; he feels he is being punished for working and making money rather than not working and collecting unemployment or being on welfare; Mrs. Stra- han referred him to private schools where he could enroll his child for $35 or $40 weekly; he earned around $20,000 last year and paid enough school taxes and other taxes that his child should be able to go to school in National City at a public school. There was discussion relative to State law governing the pre-school program. Moved by Pinson, seconded by Camacho, to notify our elected representatives in the State and see if we can't get some action on this; this is unfair. Carried by unanimous vote. MRS. JAMES SECREST, 2705 East 15th Street, was present and rose to speak. Councilman Pinson pointed out that Mrs. Secrest is on Council agenda a little later and suggested she might like to wait to speak at that time. JOHN NOON, 1241 Ranger Road, was present and requested Council action against the management of FEDMART CORPORATION in National City concern- ing the sale and display of a book entitled, "The Art of Sensual Massage" located right next to the children's books; he discussed this 1/21/75 j 168 with Councilman Pinson who contacted the Assistant Manager of Fedmart who assured him it would be removed; he (Mr. Hoon) returned to Fedmart later on and found the book on the shelf; he took a copy into the Manager's office; the Manager and the Assistant Manager were present and he asked them to please remove the book from the shelf; they asked him why; he told them it was offensive and why; they said Councilman Pinson got in touch with them; they are going to wrap the book in saran wrap and put it on a higher shelf so children will be unable to leaf through it; however, should someone else drop it on a lower shelf; well, that will be just too bad; no one could tell them what kind of books they can sell. Mr. Hoon said he told them he recommended they cover the picture on the front if indeed they have to sell this book here; they said they would not cover the front of the book; he then contacted Mayor Morgan in this regard; he thought the Supreme Court ruled that a community could establish what was obscene in the particular community or what was considered undesirable; he suggested they remove the book to the liquor department where the children would not see it. Mr. Hoon said he returned to the store last night and the book had been moved to the top shelf next to the Bibles. There was discussion. City Attorney McLean said...the enforcement of the State laws regarding obscene materials is vested in the District Attorney; the District Attorney enforces the State criminal law and if this book or its dis- play violates the State law, the District Attorney will take action; it is to him Council should address the complaints. Moved by Morgan, seconded by Camacho, the City Manager be authorized to write a letter to the District Attorney to check this situation. Carried by unanimous vote. JOE BARAJAS, Bonita, was present and said he purchased a lot on which to build apartments; he has been trying for about two years to build apartments there; he started with an 18-unit plan, cut it down to a 14-unit, and then to a 12-unit complex; in the meantime, the City got a moratorium that stopped him dead; the owner of the lot behind him had planned to attend Council meeting tonight, however, he has the flu; he is not asking for 18 or 14 units, but he has invested a lot of money in the lot and would like to build on it; he has a little over a half acre there and apartments all around him; he has quite a large frontage; he probably could make two lots out of it. There was discussion. Moved by Pinson, seconded by Reid, this be referred to the Planning Commission and also that they in lieu of studying this they study say a 10,000 sq. ft. lot; maybe that would work in and hold some of the cracker box type buildings down. There was further discussion. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. WALTER HALLAM, 2930 Division Street, was present and said he would like to know when Division Street will be opened; they have built 100 miles of freeway that goes no place and Division Street is still closed; he thinks it is a waste of time...do they have to go to court over this? that is all he wants to know when will it be opened; whether it is a State problem or not, it seems to him that Council could complain to the State about the unreasonable length of time this street has been closed. Mayor Morgan asked City Manager Bourcier to check into the matter. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,667, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF STREETS - HIGHLAND AVENUE TO "L" AVENUE AND 22ND STREET TO 24TH STREET." Moved by Camacho, seconded by Dalla, Resolution No. 11)667 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. 1/21/75 169 RESOLUTION NO. 11,668, "RESOLUTION ACCEPTING COVENANT RUNNING WITH LAND AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL AND DIRECTING THE RECORDING THEREOF (Steeber - 2929 East 16th Street)." Moved by Pinson, seconded by Camacho, Resolution No. 11) 668 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,669, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Roof, Fraternal Order of Eagles)." Moved by Reid, seconded by Camacho, Resolution No. 11,669 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstaining: Pinson. RESOLUTION NO. 11,670, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF PERMANENT PAVING FOR ONE-HALF THE STREET WIDTH AT 2145 EAST 8TH STREET (Iglesia ni Cristo)." Moved by Pinson, seconded by Reid, Resolution No. 11,670 be adopted. Carried by the following vote, to - wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. RESOLUTION NO. 11,671, "RESOLUTION AUTHORIZING THE REMOVAL OF CERTAIN DEPARTMENT HEAD POSITIONS FROM THE COMPETITIVE SERVICE OF THE CITY OF NATIONAL CITY." Moved by Reid, seconded by Camacho, Resolution No. 11,671 be adopted. Walter Hallam was still present and spoke against the resolution. There was discussion. Carried by unanimous vote. RESOLUTION NO. 11,672, "RESOLUTION URGING THE PURCHASE OF LAND SOUTH OF BRADLEY'S STABLES INCLUDING RICE CANYON AND DR. BLOOM'S 2100 ACRES AS AN EXTENSION OF THE SWEETWATER REGIONAL PARK." Moved by Pinson, seconded by Camacho, Resolution No. 111672 be adopted. There was dis- cussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: None. Abstaining: Dalla, Reid. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1457 (&/ 4/q5), "AN ORDINANCE AMENDING ORDINANCE 1298 RELATING TO THE LICENSING AND USE OF BICYCLES." Moved by Pinson, seconded by Camacho, Ordinance No. 1457 (I/147 g) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. UNFINISHED BUSINESS The City Engineer's memo regarding 1911 Improvement of LA SIESTA WAY, stating (1) if the property owners pay 10% above their estimated assessment, the total assessable is $21,557.60; if the City agrees to pay for engineering and contributes $3,891.00 to the project, the District can proceed and (2) if the property owners pay 15% above their estimated assessments the total assessable is $22,537.38; if the City agrees to pay for engineering and contributes $2,911.00 to the project, the District can proceed and recommending the project be approved for award and the low bid of T. B. Penick and Sons be accepted and all other bids rejected was presented. The City Clerk's report of opening of sealed bids (A B C Construction Company $28,296.24; Daley Corporation $29,430.38; Griffith Company $27,583.42; R. E. Hazard Contracting Company $31,571.23; T. B. Penick & Sons $26,386.52) was also presented. Moved by Pinson, seconded by Reid, in favor of the recommendation of the City Engineer and the 10% figure. Carried by unanimous vote. Mayor Morgan's proposal for County to buy Rice Canyon south of Bradley's Stables, including Bloom's property of 2100 acres, for a regional park in the South Bay was presented under, ADOPTION OF RESOLUTIONS, Resolu- tion No. 11,672, Page 169, Paragraph 5. 1/21/75 170 NEW BUSINESS A communication from Pederson Custom Planning, La Jolla, representing Bradston Rattan Products, requesting a variance (Ord. No. 851) on placing of driveway at the easterly property line of Bradston Rattan Products, 131 West 33rd St., National City; a letter from Campbell Industries to Pederson Custom Planning authorizing that firm to represent Bradston Rattan Products, a division of Campbell Industries and the City Engineer's memo stating they have no objections to location of driveway adjacent to east property line of Bradston Rattan Products on West 33rd Street were presented. Moved by Reid, seconded by Pinson, in favor of the Engineer's recommendation. Carried by unanimous vote. The request by City Treasurer/Finance Director for ratification of the BILLS in the amount of $235,904, payroll in the amount of $.00 was presented. Moved by Pinson, seconded by Dalla, the bills and payroll be ratified. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Letter from MEALS -ON -WHEELS requesting funds from National City Commu- nity budget and enclosing a copy of 1975-76 budget and brochure of their organization and the City Manager's recommendation the request not be acted on at this time and be considered during 1975-76 budget deliber- ations were presented. Moved by Pinson, seconded by Reid, in favor of the Manager's recommendation. Carried by unanimous vote. Request by SICKLE CELL ANEMIA, "OPERATION SAVE THE BABIES," to solicit funds and tangible merchandise in National City from present through December 31, 1975 and the License Collector's recommendation the request be granted to conduct campaign in National City were presented. Moved by Camacho, seconded by Reid, this request be granted. Carried by unanimous vote. A letter from PRIDE EQUALS RESPECTABILITY AND EQUALITY, INC., applying for renewal of license to solicit funds in the City of National City and the License Collector's recommendation the request be granted on the same basis as their 1974 permit were presented. Moved by Reid, seconded by Camacho, this recommendation be approved. PAULINE PITTMAN, Secretary and Treasurer of PRIDE, was present and thanked Council. There was discussion. Carried by unanimous vote. Traffic Safety Committee recommendations from their January 8, 1975 meeting r(a) the adult crossing guard at 26th and "D" be replaced by school patrol guards, and the funds for this adult guard be approved for the location of 8th Street at Harbison School; (b) approximately two feet of red curbing be removed adjacent to driveway at 1316 National Avenue; and (c) bus stop at 16th and Highland be moved to southeast corner of 15th and Highland and that red curb be painted accordingly] were presented. Moved by Camacho, seconded by Pinson, in favor of recommendation (a). There was discussion. MRS. JAMES SECREST, 2705 East 15th Street, President of the Elementary PTA Council, was present and read a paper to Council drafted by the PTA: "...the continuing and expansion of adult crossing program and slash marking of school crossing as outlined in our November letter, we feel is of extremely high priority. The original purpose of the adult crossing guard is for both the welfare and traffic safety of each child in this City...All we ask is that you recognize this as being an extremely high priority and either reorganize this year's budget or at the very least put it into next year's budget the total amount of money..." There was discussion. City Engineer Hoffland said a State law was passed last year called, "A CROSSING GUARD MAINTENANCE DISTRICT;" this would be a physical area set up and the property owners within that particular district would be assessed to pay for school crossing guards; the law says that there must be a petition signed by a majority of the property owners; there- fore, it would be voluntary; if you had 60% of the property owners in a 1/21/75 171 given area who would sign such a petition, the district would be set up and assessments made to the whole area. Mr. Hoffland said he could prepare a package of information; he will prepare this and the School Liaison Officer can provide them to the appropriate PTA. There was further discussion. MRS. DURAN, 6151 Roberts Drive, Paradise Hills area, was present and said she is an adult school crossing guard; she works at Palmer Way School on Plaza Boulevard; there is a problem with speeding cars; most of the drivers are not courteous; she has some patrol children working with her; they get some very bad stuff from some of the drivers; they ignore the guards; they do not always stop; she does not allow her children to cross until the traffic has come to a complete stop; they get a lot of hand signals from drivers which are not very pretty ones; they yell at them. Mrs. Duran requested Council not take the school crossing guards off; the traffic warrants them. Motion and second to approve Item (a) were withdrawn. The crossing guard at "D" and 26th Street was present and said she believes she should be there; because of the hill you cannot see the cars from there; ...she does not believe a child could handle this crossing; many times the cars only stop when the child in the cross walk is directly in front of them; they allow that child to pass and go ahead they do not wait until the child leaves the crosswalk. Moved by Morgan, seconded by Pinson,recommendationSafety Committee. Ordered filed by unanimous vote. MRS. ELFMAN2130 Avenue, was present and said she is representing Olivewood School; she is sad to think a child must be killed in a crossing accident to prove how badly an adult crossing guard is needed; how much in the way of dollars and cents can you assess the pain and heartbreak of an injured child; why not prevent injury; spending the money for another crossing guard should not be the main concern but the fear of seeing a child lying in the street hurt. Mayor Morgan said Council is not going to remove the crossing guard. CHARLINE PROCTOR, 1126 Olive Street, was present and said she is representing Palmer Way School and PTA; they appreciate the crossing guard at their school consequently she appre- ciates the need in other vital areas of the District; they endorse the National School District PTA Council's recommendation. Moved by Pinson, seconded by Camacho, in favor of Item (b). Carried by unanimous vote. Moved by Pinson, seconded by Camacho, Item (c) be referred back to the Traffic Safety Committee to study the possibility of a stop on 16th. Carried by unanimous vote. The City Manager's recommendations regarding SALE OF CITY OWNED PROPERTY at 30th and "A" Street: (1) accept bid of Paul K. Howell and Macey L. McMillin subject to all terms and conditions of the bidding documents and reject all other bids, (2) authorize the City Manager to execute an ESCROW agreement with the successful bidder in accordance with the bidding documents for sale of the property, and (3) instruct the City Clerk to return the bid deposit of unsuccessful bidder and the City Clerk's report of opening of sealed bids (Rogelio Vasquez $36,000; Macey L. McMillin, Jr. and Paul Howell $35,000) were presented. City Clerk Campbell stated the Certificates of Publication are on file. Moved by Pinson, seconded by Camacho, in favor of the Manager's recom- mendation. Carried by unanimous vote. The City Engineer's request for approval of CHANGE ORDER NO. 1 to contract with T. B. Penick & Sons for ASSESSMENT DISTRICT 161 (loth, llth, 12th, Paradise Dr., "R" and Palm Avenues) and Contract Change Order No. 1 were presented. Moved by Pinson, seconded by Reid, in favor of the City Engineer's recommendation. There was discussion. Carried by unanimous vote. The City Engineer's request for approval to set up a $50,000 budget for IMPROVEMENT OF 22ND STREET in Account 9, Gas Tax Fund, and to pay contractor from this account was presented. Moved by Camacho, seconded by Reid, in favor of the City Engineer's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Councilman Pinson said he hopes the City Engineer will continue to look for pipes to go under Paradise Creek at the 22nd Street crossing. 1/21P5 172 REPORTS CITY MANAGER BOURCIER'S recommendation the City not assume payment of DUSK -TO -DAWN LIGHT at loth Street between Coolidge and Harding; street lighting in the general area can be reviewed by Public Works with any recommendations to be considered for the coming fiscal budget was pre- sented. Moved by Morgan, seconded by Reid, this be filed. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. A Planning Department transmittal stating the Planning Commission recommended the application by JOHN T. WRIGHT, SR. be approved for EXEMPTION FROM INSTALLATION OF PERMANENT PAVING of one-half street width at 1234 East 18th Street was presented. Moved by Pinson, seconded by Reid, in favor of the Planning Commission's recommendation. JOHN T. WRIGHT, 1627 East 10th Street, was present. There was dis- cussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. COUNCIL COMMUNICATIONS COUNCILMAN REID said sometime ago the SPEED LIMITS in the City were raised five and ten miles an hour; after hearing these PTA ladies, he wonders if it was not a mistake; he voted against boosting the speed limits at that time; finally 4th Street only was knocked to 25 mph; he does not want any more studies. Moved by Reid, seconded by Pinson, 25 and 30 mph is plenty fast for the City streets; the Police Department should be instructed to write tickets for those exceeding the speed limits. There was discussion. Moved by Morgan, seconded by Dalla, to amend the motion to refer this to the Traffic Safety Committee. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. MAYOR MORGAN said he received a letter from our SUPERVISOR today saying they have $5-million to be used for installation of underground ties; he said what we have to do is write to him telling him the projects we want and we can get them; he, the Mayor, feels a letter should be sent saying National City will take the entire $5-million; but, he has found that whenever National City asks for money there will be nothing forthcoming from the County Board of Supervisors; he does not know why the Supervisor sends these letters out; they were going to spend $30,000 on the Casa de Salud and National City received not one dime; they agreed to it and put it in the budget to acquire the land north of 24th Street but not one dime came in on that; they said they would help to get vacant property and not one dime came in as a result of that; he writes these letters saying the money is available and when it gets down to receiving the money, National City gets not one dime. Mayor Morgan said he has asked for input. Moved by Morgan, seconded by Camacho, to authorize the City Manager to write a letter in response saying National City will take $5-million to be spent on under9rounding utilities in the City. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: None. Abstaining: Dalla, Reid. MAYOR MORGAN said he received another letter from the SUPERVISOR; he says he hired Judith Hillman, who worked for Channel 10, and he is so happy to have her; prior to hiring Miss Hillman, he had hired 30 aides; he now has 31 aides for one supervisor; it is time people get smart and petition a change in the charter of the County to prevent the County Board of Supervisors raising their own salaries; last year they received four raises; in 1972 they received five raises; this year they got three; they will, no doubt, get another one or two this year; it is time a limit is put on this as well as the aides one Supervisor can have; there is no reason why the taxpayers should pay for 31 aides for these people; a lot of people do not realize this that the charter could be changed to limit the number of aides to three or something and 1/21/75 173 require that the County at large vote on raises for the Board of Super- visors; this is really serious; it should be stopped and the voters will have to do it. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:59 p.m. City lierk City of National ity, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of January 28, 1975. No corrections 0 Corrections as noted below Mayor, City of ational City, California 1/21/75