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HomeMy WebLinkAbout1975 03-11 CC MIN228 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 11, 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: Dalla, Pinson, Reid, Morgan. Absent: Camacho. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with the pledge of allegiance to the flag led by City Manager Bourcier followed with invocation by the Rev. Rigo Fernandez, Chaplain, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Reid, seconded by Dalla, the minutes of the regular meeting of March 4, 1975 be approved. Carried by unanimous vote. Absent: Camacho. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS ERLE ISBELL, 2530 East 13th Street, was present on behalf of the National City National Little League and requested a no -fee permit to sell candy March 12 through March 26. Moved by Pinson, seconded by Dalla, in favor of this request. Carried by unanimous vote. Absent: Camacho. ADOPTION OF RESOLUTIONS Moved by Dalia, seconded by Reid, Llttsolu,a2s11212, Council by title only. Carried by unanimous vote. Absent: Camacho. Resolution No. 11,719, "Resolution Granting Special Facility Use Permit Which Authorizes the Sale of Alcoholic Beverages to the Kiwanis Club of National City." Moved by Pinson, s- ended eid, this item be tabled to an ad'ourned meetinq Friday, 1 , 4:00 p.m. Carried by unanimous vote. Absent: Camacho. (See paragraph 6, Page 229.) RESOLUTION NO. 11,720, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RELATING TO THE MAINTENANCE OF OFFICIAL COPIES OF PLANS OF BUILDINGS FOR WHICH BUILDING PERMITS ARE ISSUED AND ESTABLISHING FEES FOR MICROFILMING OF BUILDING PLANS AND RELATED DOCUMENTS." Moved by Reid, seconded by Pinson, Resolution No. 11,720 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,721, "RESOLUTION DESIGNATING CITY MANAGER AS MUNICIPAL EMPLOYEE RELATIONS OFFICER." Moved by Reid, seconded by Dalia, Resolution No. 11,721 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,722, "RESOLUTION SUPPORTING NEW NATIONAL CEMETERY SITE AT MARCH AIR BASE." Moved by Pinson, seconded by Dalla, Resolu- tion No. 11,722 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,723, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF GUTTER AT 2502 AVENUE (James H. Layne)." Moved by Reid, seconded by Pinson, Resolution No. 11,723 be adopted. Carried by unanimous vote. Absent: Camacho. 3/11/75 229 RESOLUTION NO. 11,724, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (James H. Layne)." Moved by Reid, seconded by Pinson, Resolution No. 11,724 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,725, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Iglesia ni Cristo)." Moved by Pinson, seconded by Reid, Resolution No. 11,725 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,726, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS TO FUND THE $170,000 OF BUDGETED COUNTY FUNDS FOR THE IMMEDIATE DEVELOPMENT OF A PORTION OF LAS PALMAS PARK IN ORDER THAT NEARBY LINCOLN ACRES AND OTHER COUNTY RESIDENTS MAY USE AND ENJOY SAID PARK FACILITIES." Moved by Dalla, seconded by Pinson, Resolution No. 11,726 be adopted. Carried by unanimous vote. Absent: Camacho. City Manager Bourcier said the County indicated that they would support this if such a resolution were forwarded to them. RESOLUTION NO* 11,727, "RESOLUTION AUTHORIZING THE REMOVAL OF DEPART- MENT HEAD POSITIONS OF CITY LIBRARIAN, FIRE CHIEF AND POLICE CHIEF FROM THE COMPETITIVE SERVICE OF THE CITY OF NATIONAL CITY.'" Moved by Pinson, seconded by Reid, Resolution No. 11,727 be adopted. Carried by unanimous vote. Absent: Camacho. REPORT OF CITY ATTORNEY - None. UNFINISHED BUSINESS 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. Moved by Pinson, seconded by Reid, this be tabled and considered at the adjourned meeting of Friday, March 14. Carried by unanimous vote. Absent: Camacho. (See Resolution No. 11,719, paragraph 9, Page 228.) NEW BUSINESS Consent Calendar Items 12(1) through (4) were presented. (1) Notice of filing application for increase in intrastate tele- phone rates by the PACIFIC TELEPHONE & TELEGRAPH COMPANY. (2) Notice of prehearing conference before the Public Utilities Commission on Applications Nos. 55403, 55404, and 55405 of SAN DIEGO GAS & ELECTRIC COMPANY for increases in various rates and charges (3) Notice of filing Application No. 55506 by SAN DIEGO GAS & ELEC- TRIC COMPANY for another increase in rates and charges. (4) Notice from the Public Utilities Commission of the ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY'S intention to reduce the agency station of National City to non -agency status effective 5/3/75. Moved by Dalla, seconded by Pinson, Council direct the City Attorney to protest before the Public Utilities Commission the petition by the Atchison, Topeka & Santa Fe to reduce the status of the freight agency in National City; since various businesses are interested, they might be contacted to see if they could become involved and get their comments prior to protesting the application. Carried by the following vote, to - wit: Ayes: Dalla, Pinson, Reid. Nays: Morgan. Absent: Camacho. Moved by Pinson, seconded by Dalla, Council protest Pacific Telephone & Telegraph Company and San Die90 Gas and Electric rate increases Items 1 2 & 3 b resolutions. Carried by unanimous vote. Absent: Camacho. The AMENDED APPLICATION by Harry G. Stone, dba Stoney's, 108 West 25th St., Unit F & G, for ON -SALE BEER AND WINE eating place license and the Police Chief's recommendation the three listed conditions be 3/11/75 230 requested of the Alcoholic Beverage Control Board before the applica- tion is approved were presented. Moved by Pinson, seconded by Reid, Council protest the application. Carried by unanimous vote. Absent: Camacho. APPLICATION BY Pak Lam Mok, Hing Kwong Chui, and Helen and Stanley K. J. Wong, dba China Palace, 1630 East 8th Street, for new ON -SALE BEER AND WINE EATING PLACE license and the Police Chief's recommendation the application be protested until such time as five listed require- ments have been met, and if the license is issued, the condition that "no pool tables or coin operated amusement devices (except a juke box) be permitted in the license premises," be asked of the Alcoholic Beverage Control Board were presented. Moved by Reid, seconded by Pinson, in favor of the Police Chief's recommendation. Carried by unanimous vote. Absent: Camacho. APPLICATION by Tic Toc Systems, Inc., dba Utotem, 220-240 East 18th Street for TRANSFER OF OFF -SALE BEER AND WINE LICENSE and the Police Chief's memo stating: "(1) The Notice -of -Intent was found to be properly posted and there appears to be no actual grounds for protest of this application and (2) since the premises was first licensed April 12, 1974, there have been 47 calls for police service at this address;" were presented. Moved by Dalla, seconded by Pinson, to again rotest this a lication on the basis of the olice roblem. Carried by unanimous vote. Absent: Camacho. APPLICATION by Tic Toc Systems, Inc., dba Utotem, 1538 Harbison Avenue, for TRANSFER OF OFF -SALE BEER AND WINE LICENSE and the Police Chief's memo stating there appear to be no actual grounds for protest of the application were presented. Moved by Pinson, seconded by Dalla, in favor of this request. Carried by the follow- ing .��rn�e.�a�era�arrs.wv+.'rwr.mrsr/s®Arr� vote, to -wit: Ayes: Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Absent: Camacho. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated February 28, 1975(#6-1975) was presented. Ordered filed by unanimous vote. Absent: Camacho. The request of the City Treasurer/Finance Director for ratification of PAYMENT OF BILLS in the amount of $56,842.43 and PAYROLL for the period ending February 28, 1975, in the amount of $149,782.96 was presented. Moved by Reid, seconded by Pinson, in favor of ratifica- tion of payment of payroll and bills. Carried by the following vote, to -wit: Ayes: Dalla, Pinson, Reid, Morgan. Nays: None. Absent: Camacho. A request for ratification of action taken at the February 20, 1975, meeting of the STREET TREE AND PARKWAY COMMITTEE on the following items was presented: (a) the request of Mr. and Mrs. Denton Bryan, 417 East 4th Street, for removal of Phoenix Palm be denied; (b) the request of Mrs. June Litfin, 3431 Stockman, for removal of one Melaleuca tree provided a replacement tree is obtained and planted in her front setback be approved; (c) the request of Michael Costello, 234 East 2nd Street, for removal of one Cocos Palm be approved; (d) the request of Mrs. Curtis Patterson, 1025 East 24th Street for removal of dead Acacia tree from her parkway be approved. Moved by Pinson, seconded by P eid, in favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. Absent: Camacho. CHANGE ORDER NO. 2 for 1911 Act Street Improvement, ASSESSMENT DISTRICT 161, Palm Avenue, "R" Avenue, Paradise Drive, loth, llth, 12th Streets, et al, (for a net decrease of $3,058.71 from the total contract price and the contractor's rT. B. Penick & Sons, Inc.] for 28 calendar days extension of contract completion date) and the City Engineer's request for approval of the Change Order were presented. Moved by Reid, seconded by Dalla, in favor of the City Engineer's recommendation. Carried by unanimous vote. Absent: Camacho. 3/11/75 231 The City Engineer's recommendation that improvements for "R" Avenue et al, ASSESSMENT DISTRICT 161, be accepted was presented. Moved by Pinson, seconded by Reid, in favor of the City Engineer's recommen- dation. Carried by unanimous vote. Absent: Camacho. REPORTS City Manager Bourcier reported receipt of a request from the PONY LEAGUE for free use of the Community Building (custodial fees to be paid) and permission to serve alcohol April 5 and said the Parks and Recreation Director recommends approval; they have their proper insurance forms filed. Moved by Pinson, seconded by Dalla, in favor of this request. Carried by unanimous vote. Absent: Camacho. Planning Director Gerschler said the Planning Commission reviewed a ZONE VARIANCE (Z-2-75) for property at 2211 Beta; there is a certain urgency in this matter; staff suggests that Council make a finding, based on the Planning Commission recommendation, that the plans now on file are in substantial compliance with former plans approved for variance in 1970. Mr. Gerschler recommended Council approve the Planning Commission recommendation and authorize the refund of the permit fees that have been paid less the cost of advertising the hearing. Moved by Pinson, seconded by Reid, this be approved and the permit fees --the lastest permit fees be refunded. Carried by unanimous vote. Absent: Camacho. HEARING The HEARING on the proposed amendment to Section 1, Ordinance No. 808, to provide specific criteria and regulatory provisions for the KEEPING OF BEES (A-1-75) was held at this time. City Clerk Campbell stated the Certificate of Publication of notice of hearing was on file. The Planning Department transmittal stating the Planning Commission recommended that Section 1, Ordinance No. 808, and Section 10.18.010 of the Municipal Code be amended as recommended by staff was presented. Planning Director Gerschler said a citizen brought to Council's attention the fact that National City does not now allow the keeping of bees; Council asked the Planning Commission to submit recommendations on the question; the Planning Commission held the required hearings and recommends the amendment of the zoning code to allow limited keeping of bees under specified circumstances. R. MITCHELL BEAUCHAMP, 1625 "I", Apartment 10, was present and said he would challenge the sense of establishing a minimum hive -to - residence distance of 600 feet; this distance prohibits the keeping of bees by residents of the City; this distance was chosen by City Planner Brile because other municipalities use this distance; these cities drew from the County ordinance, which gives a 600-ft. minimum apiary-to-reidence distance; this distance was chosen by the County because apiaries in the County often number upward to 50 hives; private residences in National City could support 1 or 2 hives; he proposed 25 feet; prior to learning of the illegality of keeping bees in National City, he and his father had 6 hives at their residence on loth Street with no bad consequences to his family or neighboring families; it is encouraging that Mr. Brile included in the amendment provisions for bee keeping by schools, museums and physicians; he would encourage the Council to adopt a more sensible and equally safe hive -to -residence distance; this amendment was not passed on to the Council by the unanimous vote of the Planning Com- missionthe Nay vote was cast by the only Commissioner experienced with bees. LES MILLER, 2115 Valle Vista, was present and said he has been keeping bees as a hobby for 15 years; he subscribes to various publications on bees;...a case brought before a judge by one of the lawyers from the Beekeepers organization has never been lost; people could not bring a case against one bee as there is no way of identifying to whom the bee belongs; he has never had any complaints but he is 600 feet away from his apiaries; he is not illegal bees do fly from his apiaries to the adjacent properties for water; he has never heard of but one person who was stung and he did not say it was Mr. Miller's bee; it is recognized that the bee is about the best pollenizer, unless you use a paint brush and a bucket of pollen. There was discussion. Planning Director Gerschler said the Planning 3/11/75 232 staff relied on the experience of other agencies; the Planning Com- mission knew nothing about bees so they had to rely on this information; there was no testimony supporting some other distance given to the Planning Commission when they had the hearing; perhaps had there been, they would have come up with some other recommenda- tion; one thing they would have to respond to is whether or not there are complaints; the Police Department, his office and perhaps the Building Department frequently get complaints about swarming bees; the people are frantic; there are complaints about such situations. RICHARD KNUTSON, 2210 "J" Avenue, (Planning Commissioner) was present and said he was speaking as a private citizen; not hearing any expert testimony at the Planning Commission meeting, he does not want to have bees within 600 feet of his house; he would not want them across the street, 150 or 200 feet away; he has seen them hive on orange trees and plants in the area; if you have small children, they could be stung; they may pick up a bee; the County and most of the other municipalities say 600 feet; he feels it should be main- tained in National City. Mayor Morgan suggested this be postponed and the hearing be continued. Mr. Miller said the 600 feet came from the State Law governing apiaries of 50 hives. Moved by Pinson, seconded by Reid, tigs be referred back to staff to get expert advice on the minimum distance that would be safe and continue the. public hearing to April 1, 7:45 p.m. in these Chaallpers. Carried by unanimous vote. Absent: Camacho. COUNCIL COMMUNICATIONS MAYOR MORGAN said Freeway 15 comes in from 395, and now it comes down Wabash Freeway and goes into I-5; the Coastal Commission of the County of San Diego has approved this freeway, but the people who opposed the freeway coming down have appealed to the State; the State Coastal Commission has deferred or hesitated about going ahead with this; this is very important to National City, the South Bay and people living in the area of Wabash and 8th; we have 252 coming in there. Moved by Morgan, seconded by Pinson, Council pass a resolution to be sent to the Coastal State Commission that National City approves of the building of 15 to tie in to 8th. There was discussion. Carried by unanimous vote. Absent: Camacho. MAYOR MORGAN said it is a concern to him the State setting compulsory arbitration on employees; with money going down in the City, as it is in the County and other areas, and inflation running away with itself, it is a very poor time to force a layoff of employees; this City and every City would have to get very concerned over this if they do come up with something the City could not live with; he does not know what would happen if they would say, "well, you do this and you do that;" and there is no money with which to do it. Mayor Morgan asked City Manager Bourcier to comment. City Manager Bourcier said he can only cite some examples; in the City of New York, the police voted to work five days for free in order to alleviate reduction of over 500 policemen; it may come to this in other cities. Mayor Morgan called an Executive Session on personnel matters at 8:07 p.m. The meeting reconvened at 8:17 p.m. ROLL CALL Council members present: Dallas Pinson, Reid, Morgan. Absent: Camacho. Mayor Morgan recognized two people in the audience who wanted to speak. GEORGE HODSON, 2923 East 8th Street, was present and said there is a problem on the corner of 8th and Pleasant Lane; at one time the street was paved; every once in a while they patch the chuck holes; the dust problem is tremendous; at this time, his garage is saturated with water; the street is 225 feet long between 8th and 7th; it is 22 feet wide. Mayor Morgan said he would like to have a report from the City Engineer on this matter. Moved by Pinson, seconded by Dalla, this be refex.red to the staff to report to the 3/11/75 233 EL.LtCol..._;......___Ltweeltncilne)conthissituation. RAY E. CLARK, 704 Pleasant Lane, was also present in this regard and said dust is very bad; when a car passes, it raises so much dust you cannot see the car. Carried by unanimous vote. Absent: Camacho. Moved by Reid, seconded by Pinson, to adjourn this meeting to Friday, March 14, at 4:00 p.m. Carried by unanimous vote. Absent: Camacho. The meeting adjourned at 8:28 p.m. CitJ Clerk City 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 18, 1975. No corrections Di Corrections as noted below Mayor, City of N tional City, California 3/11/75