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HomeMy WebLinkAbout1975 04-15 CC MIN1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 151 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, Dana, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, 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 Father Peter Boara, St. Marys Catholic Church. APPROVAL OF MINUTES Moved byCamacho seconded by Reid, the minutes of the Special Meeting held April 82 1975 and the Regular Meeting of April 8, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "PUBLIC SCHOOLS WEEK," April 21-27, 1975. Moved by Reid, seconded by Camacho, the proclamation be pproved. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mr. Igme Mascarenas, Worshipful Master, Southwest Masonic Lodge, No. 283. City Clerk Campbell read the Mayor's proposed proclamation, "SPECIAL OLYMPICS DAY , " April 19, 1975. Moved by Camacho, seconded by Reid, the proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mrs. Mary Holthaus. Mrs. Holthaus introduced two of the Special Olympics participants,, Dora Cree and Sandy Holthaus. Dora and Sandy invited Council to the Special Olympics. City Clerk Campbell read the joint proposed proclamation of the Mayors of the South San Diego Bay Cit ies t "REALTOR WEEK," April 20 thru April 26, 1975. Moved by Reid, secondedby Pinson the proclamation be approved. Carried by unanimous vote. Mayor Morgan stated it is a pleasure to sign this proclamation with the Mayor of Chula Vista and the Mayor of Imperial Beach; he has been a member of the Board of Realtors since 1949. MAYOR'S APPOINTMENTS None. ORAL COMMUNICATIONS ROBERT COOPER, National City Police Officers Association's negotiating teams was present and requested interpretation of Resolution No. 10,597 ("Resolution Recognizing Employee Associations as Bargaining Units"); they entered into nego- tiations with the City March 25 ; the Asst. City Manager advised NCPOA they could not represent Police Dispatchers in negotiations because they were not sworn personnel as 4/15/75 i r.. McCabe) defined in Section 830.1r of the Penal Codeandhe (Mr. referred them to Resolution No. 10,597, Cooper distrib- uted copies of Resolution No, 10,597 and other related material to the Council members. Mr. Cooper continued they believe the intent of the City Council was that NCPOA would represent all their members inwage and benefit negotiations, as stated in line 4 of Resolution 10,597; the second page (of the copies distributed) is a copy of the membership section of NCPOA's Constitution and By -Laws; Article III, Section la, allows Police Dispatchers and Anima Regulation Officers to be members of the association; the City has et a precedent the past few years by allowing the NCPOA to Cooper represent all the members in negotiations. Mr.CDoper um directed Council's attention to the third page, the City Understanding," dated June 19, 1973, signed by Manager, which shows the classification of Police Dispatcher_ Matron was recognized by the City as being represented by the NCPOA. Mr.. Cooper said page 4 is a copy of Resolution No. 11,112 (Approving Agreements between the City of National City and Employee Groups) which was signed by Mayor Morgan; it ratified the Memo of Understanding, which is page 3; they cannot believe that the Council would have allowed nall lot of this, if it was their intention that NCPOA repre- sent the Dispatchers; they have been operating in good faith, they have been representing them in good faith; over the past few years, he personally has been on the negotiating team for the association and this problem has never come up before; they have always been allowed to represent the Dispatchers and the Animal Regulation Officer because they are members of the Association; they believe that when NCPOA was recognized as a negotiating unit for the Police Officers, it was the intent of the City Council that they represent their membership. City Attorney McLean said he has read Resolution No. 10,597 and he told the City Manager that he could read that resolution to identify the Police Officer's Association as the bargaining agent for Police Officers and the Municipal Employees Association as the bargaining agent for other City employees, the personnel of the Police Department who are not Police Officers; he is aware of the other matters that have been referred to here; it is true that in the past agreements were made between the City Manager and the NCPOA which purported to encompass Miscellaneous employees; he was never asked if that was the proper pro- cedure; he was never asked if he thought the resolution encom passed those employees as a part of the Police Officer's bargaining unit; he doesn't think that the fact that such arrangements were made in the past, legally binds the Council to continue the practice; there is a reason for identifying bargaining units and restricting their membership and that reason is so that people with similar employment problems will have similar representation; this resolution is probably not as elaborately drafted as it could have been and per- haps that's a point for future consideration; if the Council desires to instruct the City Manager's Department they are misinterpreting this resolution and he is not reading it correctly, the Council can do that; as it stands today, he has told the Manager that he believes the resolution on its face identifies the Police Officer's Association to represent Police Officers,, the Firemen's Association to represent Firemen who are Safety Members only and not clerks and the like and other employees under those departments are rep- resented by the Municipal Employees Association; that is his reading of the resolution and that is what he would advise the Mayor. There was discussion. Moved by Camacho, seconded by Reid, delegate this project to the City Attorney/City, Mana$ler to include that in our resolution and bring it 'knack, have Council pass on it again, There was further discussion., Carried by unanimous vote. 4/15/75 • PUBLIC HEARING The CONTINUED HEARING A-4-75, proposed amendment to Zoning Ordinance No. 962 (as amended and supplemented),o d specific provision to allow GYMNASIUMS, HEALTH nd ATH TIC CLUBS, BODY BUILDING STUDIOS, and any otherservice estab- lishment providing such services which are determined by the Planning Commission to be of the same general character as the above mentioned service uses, including gtdeo weloas hpmeentld at standards and use limitations related this time. City Clerk Campbell stated the Certificate of Publication is on file and the Planning Department trans- mittal is attached to the agenda. Planning Director Gerschler said the Planning Commission has found that the zoning ordi- nance does not allow these kinds of uses anywhere in National City now; they set the matter for hearings and searched for the correct zones to allow these in the future; they have recommended that Council amend the zoning ordinance to allow this type of use in the C -3-A and higher zones, that would be C-4 and the M zones, subject to the issuance of a Conditional Use Permit; the original question came to Council by way of a property that is located in a C-2 zone; the Planning Commission considered that; they found that, however, the C-2because of its general location, would be in residential areas would not be entirely appropriate for this type of use; they, therefore, have recommended the C-3-A and higher which would not allow these uses in C-2 zones. LUIS NATIVIDAD, 1418 Meadow Drive, was present on behalf of the Board of Directors, Chicano Athletic Association, and said he knows that some of the members of Council have been down to check the facilities over and participate in some of the events; the Planning Commission has goneto quite an extent to try to make things easier for the Association and have gone out of their way to allow them to be there; just looking at the proposed amendment everybody will think there will be no problem; the only thing is thAt they are still negotiating to use that building in the C.-2 area; he knows the Mayor has looked for other places for them to go; he thinks the Planning Commission recommendations are good; if they do find another place that is C-3...he doesn t t think they can be helped at the present location;...they understand that their program has been treated differently because they are working with youngsters and doing some counseling, not just body building, or whatever; it does change the face of the program itself; they are now saying they agree to change the ordinance, (but there should be) an amendment to change the present C-2 area to C-3. Planning Director Gerschler said the present use is in violation of the Code, so it has no existing non -conforming status; the City Council could initiate proceedings to change the zone to a C.-3-A zone. Mr. Natividad said he thinks the reason people are concerned is because there are cars in there and a lot of traffic, but this is only during boxing tournaments; the boxing tournaments are held only every other Saturday which is only two days a month so the rest of the time they do counseling and training and there are not that many cars the other 28 days of the month...if they could be close to the Boyst Club and Library they could coordinate things like that or in the Multi -purpose center that has been talked about; maybe at that time the center could be located in the Multi -purpose center and bring all those groups together. Mr. Natividad said...they are going to have for the first time in history of the South Bay the Western Regional Champion- ships at the Indian Reservation. In answer to the question how long they could remain at the present location, Planning Director Gerschler said they have not really had a chance to 4/15/75 think about this, but perhaps a provision to allow this type of use in the C--2 zone, provided it's operated by a public agency, would get them close enough to where they could obtain a conditional use permit; the City Attorney may want to comment on that. City Attorney McLean said there wouldn't be any problem conditioning it to the category of an activity that is operating on a non-profit basis and it pursues a r ram of delin uenc revention counselin rehabilita- tion; it can be narrowed down in such a way that you will not, by making such an amendment, allow commercially oper- ated facilities in this area; this is the biggest concern of the Planning Commission. There was discussion. No one else was present in this regard. Moved by Pinson, seconded by Camacho,, the public hearing be closed and we amend the ordinance as recommended by the Planning Commission and all stipulations of, the Planning Commission be adhered to. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the matter of Conditional Use Permit as _was mentioned ,for activity operating on a non-profit basis...) be referred to th9 Planning Commission. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, these resolutions be presented by title only. Carried by unanimous vote. RESOLUTION NO. 11,751, "RESOLUTION COMMENDING MISS CARMEN PERRY, THE OUTGOING 'MISS NATIONAL CITY' AND SAN DIEGO COUNTY'S 'FAIREST OF THE PAW" was read in full at the Mayor's request. Moved by Dalia, seconded by Camacho, Resolution No. 11,751 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,752, "RESOLUTION COMMENDING MISS GAYEL STURGESS, THE INCOMING 'MISS NATIONAL CITY'" was read in full at the Mayor's request. Moved by Dana, seconded by Camacho„ Resolution No. 11,752 be adopted. Carried by unanimous vote. Mayor Morgan presented the resolutions to Misses Perry and Sturgess. RESOLUTION NO. 11,753, "RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY, CALIFORN IA , AUTHORIZING FILING A CLAIM FOR 2% BICYCLE MONEY FROM THE 'LOCAL TRANSPORTATION FUND' FCR THE PLANNING AND ENGINEERING OF BICYCLE FACILITIES." Moved by Camacho, seconded by Reid, Resolution No. 11_1753 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,754, "RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, AUTHORIZING FILING A CLAIM FOR 2% BICYCLE MONEY FROM. THE 'LOCAL TRANSPORTATION FUNDS' FOR THE CONSTRUCTION OF BICYCLE FACILITIES." Moved by Pinson, seconded by Reid, Resolution No. 11,754 be adopted. Carried by unanimous vote. RESOLUTION NO* 11,755, 'RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER, SIDEWALK & ONE-HALF STREET PAVING (2000 Block East Fifth Street, Earle & Jeanne Roys) ." Moved by Pinson, seconded by Camacho, Resolution No. 11,755 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,756, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF SIDEWALK AT 2305 RIDGEWAY DRIVE (Duane M. Brown)." Moved by Reid, seconded by Pinson, Resolution No. 11,756 be adopted. Carried by unanimous vote. 4/15/75 RESOLUTION NO. 11,757, "RESOLUTION GRANTING INA RESIDENTIALD PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 77 00, 66, to construct a single-family dwelling at 2305 Ridgeway Drive)." Moved by Pinson, seconded by Reid, Resolution No, 11,757 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,758, "RESOLUTION AUTHORIZING EXECUTION OF ELECTRIC UTILITY EASEMENT BETWEEN THE CITY OF NATIONAL FACILITATE CITY AND THE SAN DIEGO GAS AND ELECTRIC COMPANY TO THE UNDERGROUND ELECTRICAL SERVICE TO THE KIMBALL PARK RECREATION CENTER." Moved by Reid, seconded by Camacho, Resolution No. 11,758 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,759, "RESOLUTION DIRECTING NOTICE eet FILING OF ASSESSMENT AND TIME OF HEARING THEREON Street, 12th Street, "R" Avenue, Paradise Drive and Pam Reid, Assessment District Number 161)." Moved by seconded by Camacho, Resolution No, 11,759 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCE Moved by Camacho, seconded by Reid, the ordinance for first reading be by title only. Carried by unanimous vote. Ordinance No. 4/15/75-1, .'An Ordinance Amending Ordinance No. 808 to Provide Specific Criteria and Regulatory Provisions for the Keeping of Bees." Vice Mayor Dalia said he read something in the paper Sunday that raises a question or two in his mind as to whether or not the ordinance is doing what Council intended for it to do; he wondered if Council would be agreeable to referring it to City Attorney McLean. Mr. McLean said he will get with Mr. Dalia either in his office or by letter. REPORT OF CITY ATTORNEY None. NEW BUSINESS CONSENT CALENDAR Item 17 was presented: 17. Communication from San Diego Unified Port District enclosing copy of their joint resolution stating local positions on proposed Federal Wildlife Preserve assoc- iated with the Sweetwater River Flood Control Channel/ Rt. 54 Construction project. Ordered filed by unanimous vote. A PETITION from nine property owners requesting the installa- tion of a STREET LIGHT on "K" AVENUE between 24th and 26th Streets was presented. City Manager Bourcier recommended this be referred to staff for review. Moved by Camacho, seconded by Reid, in favor of the City Managerts recommenda- tion. Carried by unanimous vote. The request by City Treasurer/Finance Director for Council ratification of PAYMENT OF BILLS ($99,562,48 - April 8) AND PAYROLL 0167,714.77, covering the period March 15-31, 1975) was presented. Moved by Pinson, seco clod by Camacho, the payroll and bills be ratified. Carried by the following vote, to -wit: Ayes: Camacho, Dana, Pinson, Reid, Morgan. Nays: None. 4/15/75 The request by City Treasurer/Finance Director for Council ratification of PAYMENT OF BILLS ($34,227.29 - April 15, 1975) was presented. Moved by Camacho, seconded by Reid, these bills be paid. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Communication from the City Manager recommending CLAA. IMS byy, Don Fagaide, Leonard E. McLarty, Jr. (Sam), Bruce Richard C. Montoya, Richard V. Salgado, Victor T. Gray, Hilton Dexter Wall, Phillip L. Smith, Jeff English, Harold Leslie Partridge, William G. Kasper, Jr., Walter J. Champagne, and Michael F. Maiden be denied and referred to the City Attorney for processing was presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommend- ation. Carried by unanimous vote. Communication from City Engineer Hoffland recommending approval of attached CHANGE ORDER NO. 2 (net increase of $451.19 to contract for adjustment of bid quantities to field measure- ments), EUCLID AVENUE - 22nd to Ridgeway was presented. Moved by Pinson, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. Communication from City Engineer Hoffland attaching CHANGE ORDER NO. 3 (net increase of $7,550.57 to contract for field changes), DIVISION STREET IMPROVEMENT, Highland to Gilbert Lane was presented. Moved by Camacho, seconded by Reid, in favor of the City Engineer's recommendation. Carried by unanimous vote. The City Manager's recommendation that bid of Colonial Ford in the amount of $23 , 921.92 for six (6) four -door POLICE VEHICLES with air-conditioning be accepted was presented. (Bids received by the City Clerk were: Colonial Ford - $23,921.92 [air-conditioning and trade-ins; bid bond included] and Lamb Chevrolet - $22,259.08 (air-conditioning and trade- ins; no bid bond included]). City Clerk Campbell stated the Certificateaof Publication are on file. Moved by Pinson, seconded by Camacho, in favor of the City_ Manager's recommendation. Carried by unanimous. vote. Communication from Hirsch & Koptionak, consulting Engineers and Planners on behalf of the SAN DIES HEBREW DAY SCHOOL requesting Council initiate a real estate appraisal of the Day School property located in National City at the inter- section of 8th Street and "E" Avenue was presented. City Manager Bourcier said he would not recommend that we proceed with an appraisal. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. City Manager Bourcier asked if he is interpreting that this will just tell them we are not interested in buying the property? There was discussion. LEONARD ZANVILLE, President, Hebrew Day School, was present and stated he was a little confused by the situation because as he understood Council is originating an urban renewal project in the area and was interested in the property; they came to observe. There was further discussion. MERRELL L WATTS, Redevelopment Agency Director, was present and said there have been 2, 3 or 4 meetings between persons representing Hebrew Day School and his office; the discussions have been running the gamut from what would be highly desirable to what is possible; we did indicate to them that their property would be within an area that was tentatively being considered by the Council for redevelop- ment program; they asked us if there was any possibility that we would be interested in purchasing it and he gave them the impression that we might be and would seriously look into it; a meeting was held with representatives of FHA/HUD in San Diego to see if they had any funds available 4/15/75 for a Senior Citizen Housing Program; representatives of Hebrew Day School asked us where they go from that point and we told them that (1) we don't have any funds available to buy the property at this point in time, and furthermore, that we couldn't agree on any price unless and until there was an appraisal made; so, if his memory served correctly and he was not positive this is right, he thought he and Mr. Bourcier talked about...well, let's ask Hebrew Day School to write a letter and get it before the Council on the topic of the appraisal; and so it is here. In answer to the question of whether or not there was a possibility that something could be worked out in line with Mr. Watts' thinking, on a Senior high-rise or low/moderate rental project? Mr. Watts said there are two things: 1. The Mayor had more current informa- tion than he did on what the prospects are, 2. It is known what the limited funds are in terms of the Block Grant pro- gram and it would take one entire year's allocation as an estimate to purchase this site; just to purchase it; that is why the matter is before the Council; they didn't know where to move. Mayor Morgan said current information is that there is going to be 200,000 units of low and moderate income housing in the nation; there could be as many as 1600 in San Diego County; for here, they lack the building and the time element is so close now to the end of the fiscal year that it will most likely have to go into existing housing. Mr. Watts asked Mr. Bourcier if there is a possibility that they hadn't communicated as completely as they should and asked if this could be laid over one week. Moved by Reid, seconded by Dalia, the motion be tabled for one week. Carried by unanimous vote. Communication from the NATIONAL CITY-LINCOLN ACRES COMMUNITY ACTION COUNCIL requesting City co-sponsor Cinco de Mayo cele- bration, approve use of Kimball Bowl, authorize the Park Department to set-up and arrange area, and City give financial support was presented. Moved by Camacho, seconded by Pinson, in favor of this recommendation. ($500..00, as in past. years). City Manager Bourcier said the staff time for setting up will be minimal because the date was so close to the Maytime Band Review that they will be setting up the Bowl anyway, so there will be very little extra staff time involved. Carried by unanimous vote. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN was presented. Mayor Morgan said he hopes they can protest this (Council) districting (AB64); he doesn't see how the cities can live with it. Moved by Pinson, seconded by Camacho, that the Council authorize the City Manager to use telephone and a letter to communicate to Sacramento that Council is not in favor of AB64. (Amended motion). Carried by unanimous vote. REPORTS CITY MANAGER BOURCIER said late this afternoon received Public request from a local firm to lease or purchase the Works Department building and requested Council direction to review what should be done with the old Public Works Yard and make a recommendation to Council. Moved by Morgan, seconded by Camacho, that we authorize the City Manager and Mr. Biggs to see what they woulddoabout a red tag. Carried by unanimous vote. CITY MANAGER BOURCIER said the other item is to inform Council that the County Board of Supervisors late this afternoon voted 5 - 0 to indicate their approval and willingness to partici- pate in the development of Las Palmas Park and staff will diligently pursue that to make sure the funds do not run out before the fiscal year. 4/15/75 The City Treasurer/Finance Director's Financial Statement for month ending March 31, 1975 was presen ted. filed by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR DALLA said some weeks ago Mr. Bourcier presentedtarn and in a memo a proposal for a sidewalk improvement program he did not believe the Council took any action one uway hor tone other on that and would like the City Manager to l�fari get Bourcier next the agenda for consideration next week. ear'sCity budget; he did said he has scheduled this for A funds for this give Council a report regarding use of CBTw fiscal year. Moved by Dalia, seconded by Pinson, that we anorovetheCimmed sidewalk improvement program. Carried by unanimous vote. Moved byDalla, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:38 p.m. Cito Clerk City of Nati al City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of April 22, 1975. No Corrections ,_.,. Corrections as noted below Mayor, City ti«nal City, California A,,/1 r.. /mac.