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HomeMy WebLinkAbout1975 03-04 CC MIN221 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 4, 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, Gerschler, Hoffland, Attorney Lincoln, McCabe. PLEDGE OF ALLEGIANCE AND INVOCATION The meeting was opened with the pledge of allegiance led by City Manager Bourcier followed with invocation by Rev. Rigo Fernandez, Chaplain, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Pinson, seconded by Camacho, the minutes of the regular meeting of February 25, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS MICHAEL K. LANE, 7668 Church Street, Lemon Grove, was present, representing the First Assembly of God Church, at 8th and "L79, and said they are sponsoring a SWINGING CONTEST (asking merchants for pledges) and hope to break the world record in swinging; he was told he had to have a license to conduct the contest; he was told he must pay $25 daily for a license and post a $2,000 bond, or appear before the City Council and ask for an exemption; the contest will be held at the Church parking lot. In answer to Councilman Pinson's question, Mr. Lane said the swinging is back and forth from a swing in an effort to stay aloft; it has been approved by the elders of the Church. Moved by Pinson, seconded by Camacho, in favor of this request for exemption. Mr. Lane said the contest will begin the 21st and go through the 28th, Easter vacation; the current record is 120 hours; the books indicate 100 hours but some students from Mar Vista High School broke it. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, the resolutions be presented by title only. Carried by unanimous vote. RESOLUTION NO. 11,709, "RESOLUTION AUTHORIZING THE APPOINTMENT OF DEPUTY BUILDING INSPECTORS TO PERFORM DISASTER -RELATED TASKS." Moved by Reid, seconded by Dalla, Resolution No. 11,709 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,710, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW, INCORPORATED FOR ADVERTISING." Moved by Reid, seconded by Pinson, Resolution No. 11,710 be adopted. Councilman Dalla asked if the $10,000 includes the $400 Council authorized last week. City Manager Bourcier said he met with the Manager of the Chamber; she will give the City credit for $400 worth of advertising; the total expenditure will not exceed $10,000. Carried by unanimous vote. RESOLUTION NO. 11,711, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-10-74, Collins Development Company)." Moved by Reid, seconded by Pinson, Resolution No. 11,711 be adopted. Carried by unanimous vote. 3/4/75 222 RESOLUTION NO. 11,712, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z--5-74 at 1041 East 30th Street rHoward Lee]) ." Moved by Dalla, seconded by Camacho, Resolution No. 111712 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,713, "RESOLUTION PROPERTY (Corporation Grant Deed - Inc., a California Corporation)." Resolution No. 11,713 be adopted. ACCEPTING CONVEYANCE OF REAL Progress Construction Company, Moved by Pinson, seconded by Reid, Carried by unanimous vote. RESOLUTION NO. 11,714, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (2nd Street)." Moved by Camacho, seconded by Dalla, Resolution No. 11,714 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,715, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-1-75 -- 2200 Tidelands r NASSCO]) . " Moved by Reid, seconded by Pinson, Resolution No. 111715 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. RESOLUTION NO. 11,716, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A SPECIFIC PLAN TO ESTABLISH A MINIMUM 14' BUILDING SETBACK FROM THE STREET RIGHT-OF-WAY ON PALM AVENUE BETWEEN 4TH STREET AND 18TH STREET." Moved by Camacho, seconded by Pinson, Resolution No. 11,716 be adopted, and also that an ordinance be brought back in reference to this. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. RESOLUTION NO. 11,717, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE KIWANIS. CLUB OF NATIONAL CITY." (See paragraph 3, page 223) Moved by Camacho, seconded by Pinson, Resolution No. 11,717 be adopted. Failed by the following vote, to -wit: Ayes: Camacho, Pinson. Nays: Reid. Abstaining: Dalla, Morgan. RESOLUTION NO. 11,718, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DESIGNATING A REDEVELOPMENT SURVEY AREA PURSUANT TO SECTIONS 33310, 33311 AND 33312 OF THE CALIFORNIA COMMU- NITY REDEVELOPMENT LAW." Moved by Reid, seconded by Camacho, Resolution No. 11,718 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. NEW BUSINESS CONSENT CALENDAR (Items 12-14) were presented: 12. Memo from National City Chamber of Commerce offering their SUPPORT for the BONITA SHOPPING CENTER. 13. Memo from City Clerk reporting receipt of "NOTICE OF INTENT TO CIRCULATE PETITION" from Peter Xander, Chairman, Citizens Con- cerned for National City (Attached Certificate of Publication). 14. Letter from Chula Vista City Clerk enclosing copy of resolution authorizing City of Chula Vista to appear in case of Sweetwater Valley Civic Association vs. City of National City, as AMICUS CURIAE. Consent Calendar ordered filed by unanimous vote. The City Clerk's memo reporting NO BIDS were received for sale of public property at COOLIDGE AND PLAZA BLVD. was presented. City Clerk Campbell stated the Certificates of Publication from both National City Star -News and San Diego Union and Affidavit of Posting were on file. Ordered filed by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN dated 2/21/75 and the City Manager's memo stating his office is in agreement with the Bulletin recommendations were presented. Moved by Pinson, seconded by Camacho, in favor of all items except No. 9 and that it be considered separately. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. Councilman Pinson said Item 9, SB 41, Air Pollution Control in the South Coast Air Basin, provides that it will not be necessary to buy a smog device 3/4/75 223 for a new vehicle; a smog device is a big rip-off to the public (this $35 smog device); it uses more gas than it does good; SB 41 should pass. Moved by Pinson, seconded by Reid, Council go on record as supporting SB 41 and also notify Assemblyman Deddeh who is on that committee. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. Councilman Pinson said the League was neutral on that; they had no recommendation. Request by City Treasurer/Finance Director for ratification of PAYMENT OF BILLS in the amount of $29,054.28 was presented. Moved by Camacho, seconded by Reid, the bills be paid. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A letter from the NATIONAL. CITY KIWANIS CLUB requesting waiver of rental and custodial fees for use of the Community Building on June 11, 1975, 1:00 p.m. to 11:00 p.m. for their 50th Anniversary Party and the Parks and Recreation Director's memo recommending this be granted and stating that the Kiwanis Club indicated they desire to serve alcoholic beverages (Facility Request Form attached) were presented. (See Adoption of Resolutions, Resolution No. 11,717, Page 222, Paragraph 6.) Moved by Pinson, seconded by Camacho, in favor of waiving the fees for both the building and the custodian. There was discussion. Mayor Morgan said he is a member of the Kiwanis Club and asked the Attorney if he should abstain from voting. Attorney Lincoln said he does not believe the Mayor is required to abstain from voting; but, he feels it would be probably proper to abstain. Failed by the following vote, to -wit: Ayes: Camacho, Pinson. Nays: Reid. Abstaining: Dalla, Morgan. A letter from DELANCEY STREET FOUNDATION, INC. requesting permit to conduct fund raising campaign in National City and the License Collec- tor's recommendation the request be denied were presented. Moved by Reid, seconded by Dalla, in favor of the License Clerk's recommenda- tion this be denied. Carried by unanimous vote. The City Engineer's memo recommending a NAME be designated for the FUTURE STREET located from the present intersection of Valley Road and Route 54 due south to an intersection with Sweetwater Road and attaching Drawing No. 1610-D showing the location of the street was presented. Moved by Pinson, seconded by Camacho, this be tabled and brought back at a later date when Council has had a little time to think about a name. Councilman Dalla said he would be interested in the possibility of involving the public in selecting a name for the street; it is not often in a City like National City that the name has not already been laid out. Carried by unanimous vote. Letter from SOUTH BAY POP WARNER FOOTBALL requesting rental fee be waived for use of Kimball Community Center on August 8, 1975, 5:00 p.m. to 10:30 p.m. and the Parks and Recreation Director's recommen- dation this be approved and attaching the Facility Request Form were presented. Moved by Camacho, seconded by Dalla, in favor of this recommendation. Carried by unanimous vote. The City Manager's recommendation that Council deny CLAIMS by MARCELLA HRICA and DARLENE L. CARROLL HRICA and refer them to the City Attorney for processing was presented. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. A letter from the RIVERSIDE COUNTY BOARD OF SUPERVISORS requesting National City support the designation of MARCH AIR FORCE BASE as dedicated military land for a new national cemetery and attaching a sample resolution was presented. Moved by Pinson, seconded by Dalla, Council support Riverside County Board of Supervisors' request. Carried by unanimous vote. REPORTS CITY MANAGER BOURCIER said the STATE DEPARTMENT OF TRANSPORTATION plans for 1-805 include resurfacing of PALM AVENUE and full improvement of the intersection of Palm Avenue and Division Street; this would leave 3/4/75 224 approximately 600 feet of Palm Avenue without curbs and full -width paving; the State said for $7,000 the City can go in under their bid and finish off Palm Avenue. City Manager Bourcier recommended • in favor of this; it is a very good price. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on the NOTICE OF INTENTION TO VACATE AND CLOSE 19TH STREET, from the westerly line of National Avenue to the easterly line of Roosevelt Avenue was held at this time. City Clerk Campbell stated the Certificate of Publication and the City Engineer's Affidavit of Posting are on file. The Planning Department transmittal stating the Planning Commission recommended vacation of 19th Street, from the westerly line of National Avenue to the easterly line of Roosevelt Avenue subject to four conditions (prior to adoption of Council reso- lution ordering vacation of said portion of 19th Street, the following be satisfied: ri] insure the physical closure of 19th Street, street improvements shall be made at National Avenue and at Roosevelt Avenue, to the satisfaction of the City Engineer; r2] access for fire apparatus shall be provided as required by the Fire Marshall; r3] within the area of vacation of National Avenue, the parkway shall be landscaped in accordance with a plan, submitted to and approved by the City of National City prior to installation; and i4j reservation of utility easements shall be confirmed.) and suggesting they have the adjoining property owners' assurances that certain improvements be made in a timely manner was presented. Planning Director Gerschler said if the Council approves their suggestion for assurances by the adjoining property owners', this will not hold the case up at all; if Council acts on it tonight, then before the resolution is presented at some future meeting they will get those assurances. No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the Plannin Commission's recommendation and conditions be adhered to. Carried by unanimous vote. REPORTS (Continued) The Planning Department transmittal stating the Planning Commission recommended that application for EXEMPTION FROM INSTALLATION OF SIDE- WALK at 2416 "N" Avenue (Ronald and Barbara Young) be denied was presented. Moved by Pinson, seconded by Reid, this be deferred and a covenant running with the land be signed by the property owner just in case a 1911 Act for sidewalks ever should be needed in that area. Moved by Dalla, seconded by Pinson, to amend the motion to direct Mr. Gerschler to work with City Engineer Hoffland and the City Manager to look into modifying Ordinance 1256 so as to avoid situations such as this and make it a little more applicable. There was discussion. Amendment carried by unanimous vote. Motion carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended DEFERRAL OF SIDEWALK repair NOT be granted and DEFERRAL OF GUTTERS BE APPROVED with condition that the property owner sign a COVENANT not to protest a 1911 Act for this purpose for property at 2502 "K" Avenue (James H. Layne) was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommen- dation. Carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended that application for DEFERRAL OF INSTALLATION OF CURB, GUTTER, SIDEWALK AND ONE-HALF STREET PAVING at 924-946 "N" Avenue (Pepperhiil Apartments, Leonard Greaser) be APPROVED in accordance with the City Engineer's recommendation and with bonding to be deter- mined by the Engineering Department was presented. Moved by Pinson, seconded by Reid, in favor of the Planning Commission's recommendation except the bonding portion - he would like to see the property owner be allowed to get out from under this with a cash deposit. There was discussion. City Engineer Hoffland said his recommendation was that the builder put cash in the City's Trust and Agency Account in lieu of a bond and be given a deferral; the City would then use that for street work; and, at such time as "N" Avenue goes through, it would be 3/4/75 I " 225 built through this portion; the reason it cannot be built now is that there is a required cut involved and excavation; the City does not now have the necessary right-of-way and is not in dire need of "N" Avenue; the Planning Commission liked the idea of the bond rather than the cash; there was a general discussion about bonds at the Planning Commission meeting, he is not sure they understood his recommendation. There was further discussion. LEONARD GREASER, 41 East 25th Street, was present and said they cannot put in the street now, whether they want to or not, according to the Engineer; they either have to pay for it now or put a bond up, all he wants to know is how much. City Engineer Hoffland said he made an estimate and Mr. Greaser felt it was too high; he says he has a contractor's bid; if he has that bid and will bring it to his (Mr. Hoffland's) office, he will add 10% to it and accept it. Mr. Greaser said that was the Planning Commissions' idea, a bond for the amount agreed upon, not what it would cost 5 or 10 years from now; he felt he had just as well be collecting interest on the money as the City; that is how the bond got into it; he would prefer a bond for a set amount; he does not want to wait 20 years and he must come up with the cost. City Engineer Hoffland said it is true that the cost of construction is way up; the index is up something like 52 points which is more in the last year than the previous 10 years; so, they cannot tell what future prices will be; they can only ask that he put up what it would cost to do it now; if he puts up cash now, it could be used for other street work and get dollar for dollar value. Planning Director Gerschler said the City Engineer has suggested that a lower cash deposit amount may be in order based upon the bids that Mr. Greaser got; if Council approves it without speci- fying that, they are locked into a $4,000 figure; Council may want to straighten that out in the motion. City Engineer Hoffland said he believes Mr. Greaser's bid was 2,800 and with 10% it would be $3,080; his estimate was $4,000; he will adjust his estimate to 3 080 cash in lieu of bond). Included in motion and second. Carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended the request for VARIANCE FROM REQUIRED 25-FT. REAR YARD SETBACK to 12 feet at 2608 East 14th Street (Velvin E. Bill, Z-7-74) be approved and the transmittal of this case will be attached to the agenda of March 25, 1975 was presented. Planning Director Gerschler said the Planning Commission advises Council that they approved a zone variance at 2608 East 14th Street; this is for notification tonight; it will be an agenda item on the 25th of March. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said the Board of Supervisors are trying to put a CURFEW on night flights into Lindbergh (Field); he feels the City Council should have something to say about this; they should be advised that National City does not want the flights restricted; this is an International Airport and San Diego is a big metropolis; it would hurt business, the economy of the entire County; those people who live around the airport knew the airport was there when they moved in and that there would be noise; the airport has been there a long time; if it bothers them, then they should sell and move. Moved by Pinson, seconded by Camacho, the Board of Supervisors be notified we do not want to see the flights restricted at Lindbergh. There was discussion. Moved by Morgan, seconded by Reid, the motion be tabled. Carried by unanimous vote. COUNCILMAN REID said Mr. Gerschler had some comments in his newsletter that he thought were very good; they were in reference to a NEWSLETTER TO THE CITIZENS by the City Manager. Councilman Pinson read from the Newsletter, "...we can't afford the time and expense of sending written notices to the property owners on such large scale questions..P Councilman Pinson said some of the questions were R-4 property; a lot of these things come up downstairs where he has problems and it has to go before the Planning Commission and so forth because people are unaware of the action taken by Council or the action the departments are required to enforce; a newsletter would help these people out and they would not, in many cases, have to come before the Council and sometimes spend money. Moved by Pinson, seconded by Dalla, this be 3/4/75 226 referred to Finance Committee for the Manager to see if he can come with enough mone at the Finance Committee budget meeting to imple- ment some type of newsletter. Carried by unanimous vote. VICE MAYOR CAMACHO said he had heard no one practicing on the firing (pistol) range recently; he inquired and learned that it is in bad condition; it needs a lot of work. City Manager Bourcier said they have been working on that problem; they currently have plans out to a mechanical engineer to review them for the costs of putting in new blower motors and bringing the range up to proper working conditions; they are working on this matter right now. COUNCILMAN REID said he has always been for the employees of the City; he feels that if you have good EMPLOYEES, you stick with them all the way; there are a couple of examinations where it was necessary to go outside. Moved by Reid, when there are enough qualified people work- ing for the City to take examination, that the examination not be open to the outside. He will not take the word of the department head that there is no one qualified; what have they been doing all these years if he did not qualify these people; if there are over three people to take the examination who work for this City the City does not open it to the outside. Motion died for lack of second. MAYOR MORGAN said Supervisor Walsh has 39 aides now; he has gone from 31 to 33 and hired 6 more so he had 39 aides now who work for him; he received a letter from Mr. Walsh today enclosing a questionnaire about buses in National City; where they should go? how often they should run? how many are required? Mayor Morgan said he should have answered this letter telling Supervisor Walsh that Lincoln Acrespeopie would like a bus in Lincoln Acres; out in Bonita, they might like a bus; out in Spring Valley, how about a bus out there; they don't have buses in the County; he does not know why he is interested in the bus system in National City; he can see why these aides should be kept busy but they should be kept busy on something constructive; it cost money to send out these questionnaires; these people, 39 aides, cost a lot of money for one man; a businesswoman came up to him and said the Secretary of State had 31...the State had department heads; here in National City, there is the City Manager, the Engineer, the Clerk and all these people; they don't count; he has 39 personal aides; the people are sitting back and allowing this to happen. Councilman Pinson said he will soon have enough aides to vote him into office again. Mayor Morgan said he is busy but he feels the people of the South Bay and San Diego are going to have to have a referendum on the Board of Supervisors salary raises and aides they can hire; this is getting out of hand; last year they got five raises; this past year they got three raises; they will have two or three raises this year; they started out two years ago with $16,000 and it is $27,000 now; they will go to $35,000 to $40,000; they are just taking care of them- selves; he does not feel a politician should do that; he feels that a politician should do something for the betterment of the people he serves. MAYOR MORGAN said he talked to the people who own the KIMBALL BUILDING; they told him there is no problem on working this out; he has this all settled; he feels he can get this underway; they would be very proud to help to save that building; he will continue working on this and will continue to report to Council from time to time; this is his pet project; he may have to raise $150,000 himself; when one man comes along and offers two houses in the City that are worth $34,000; that is a pretty good donation. Councilman Reid asked what is the footage on the lots he proposed to donate? Mayor Morgan said 25 feet by 115 feet. MAYOR MORGAN said this is in the future; they are having BOXING out at 8th and Palm; they have the smoothest operation in town for recreation; he has been working on this; he went over to the BOYS' CLUB in National City and they said they would like to have that operation under the wing of the Boys' Club; they need a building for the boxing; he does not know when the City can build a building for them; anytime this could be put in the budget under Revenue Sharing or anything, he is going to push for a place for them to box behind 3/4/75 227 the Boys' Club; all they have to do is build a building and then move the ball field back a little bit, there is plenty of space for that and it would come under the umbrella of the Boys' Club; the little building they are in is hot and they need a place to have their sports. Mayor Morgan said he will be working on this; he has the consent of the Boys' Club; he is hoping that something can be done for those people; they have a good project going over there. Mayor Morgan called an Executive Session at 8:15 p.m. on personnel matters. Council reconvened at 8:27 p.m. Mayor Morgan recognized Barbara Stra- han and Ernie Azhocar who were present in the audience. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Moved by Reid, seconded by Pinson, lieetinither. Carried by unanimous vote. The meeting closed at 3:28 p.m. (72*— Cit Clerk ity of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of March 11, 1975. No corrections E/ Corrections as noted below Mayor, ity National City, California 3/4/75