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HomeMy WebLinkAbout1975 05-06 CC MIN21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 6, 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, 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 Reverend Ted. Sego, First Congregational Church. APPROVAL OF MINUTES Moved by Dalia, seconded by Camacho, approval of the minutes of the reg- ular meeting April 22, 1975 be deferred until after Council Communica- tions. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation of "GIRLS' CLUB WEEK, May 11-17, 1975" was read. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclam- ation to members of the Girls' Club who were present in the audience. The Mayor's proposed proclamation "FIRE SERVICE RECOGNITION DAY, May 10, 1975" was read. Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. The Mayor's proposed proclamation "INTERNATIONAL SHRINE HOSPITAL DAY, May 18, 1975" was read. Moved by Reid, seconded by Camacho, the procla- mation be adopted. Carried by unanimous vote. The Mayor, Councilmen Pinson and Camacho told of the outstanding work of the various Shrine Hospitals, stressing the large number of crippled children and victims of burns who have been helped by this charitable endeavor of the Shriners. The Mayor's proposed proclamation "NATIONAL TRANSPORTATION WEEK, May 11- 17, 1975" was read. Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. MAYOR' S APPOINTMENTS Mayor Morgan recommended the appointment of JAMES MARLER as an Alternate Member of the CITIZENS COMMITTEE FOR COMMUNITY DEVELOPMENT. Moved by Camacho, seconded by Reid, the appointment be approved. Carried by unanimous vote. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the Resolutions be presented by read - ing of the titles. Carried by unanimous vote. RESOLUTION NO. 11,768, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SETTING A TIME AND PLACE FOR A JOINT PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY ON A REDEVELOPMENT PLAN AND A RELO- CATION PROGRAM FOR THE SOUTH BAY TOWN AND COUNTRY REDEVELOPMENT PROJECT AND PROVIDING FOR JOINT NOTICES OF SAID HEARING." Moved by Reid, sec- onded by Camacho, Resolution No. 11,768 be adopted. Carried by unani- mous vote. 5/6/75 22 Resolution No. 11,769, ' Resolution of the City of National City of In- tention to Sell Real Property and Directing Publication ofrNotice aisedas toto Bidders Inviting Bids for Said Property. A question the possible use of this land as a "neighborhood park.WeeMOVek. dby inson, seconded by Camacho, the Resolution be tabled for one ried by unanimous vote. RESOLUTION NO. 11,770, "A RESOLUTION APPROVING AN ANDMGENERT AL TO THE MAP NATIONAL CITY GENERAL PLAN DATED SEPTEMBER, 1974,PLAN11,7AP 1973-74." Moved by Pinson, seconded by Camacho, Resolution No. 70 be adopted. ted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: Morgan. RESOLUTION NO. 11,771, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF SIDEWALKAT 1016 HECIRCLE No�ll,?71be adopted. Carried byrtin 0•Agustines)." Moved by Reid, seconded by Pinson, Resolution unanimous vote. RESOLUTION NO. 11,772, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND.ANDDIRECTING THE RECORDING THEREOF (Martin O. Agustines and Paz B. Agustines)." Moved by Pinson, seconded by Reid, Resolution No. 11,772 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,773, "VACATION OF NINETEENTH STREET FROM THE WESTERLY LINE OF NATIONAL AVENUE TO THE EASTERLY LINE OF ROOSEVELT."9Planning Director stated Council had approved the vacation subject to certain conditions after public hearing held some time ago; all conditions s have been met and he would recommend the vacation. M by Camacho, ed by Reid, Resolution No. 11,773 be adopted subject to four conditions. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, the ordinances be presented for first reading by title only. Carried by unanimous vote. Ordinance No. 5/6/75-1, "An Ordinance Rescinding Ordinance No. 1328 and Amending Ordinance No. 962, Zoning Ordinance of the City of National City to Add Provisions for a Residential Density Map and to Adopt a Residential Density Map." Ordinance No. 5/6/75-2, "An Ordinance Amending Ordinance No. 962, as Amended by Ordinance No. 1315, National City Sign Ordinance, to Allow Political Signs to Be Posted a Maximun of 60 Days Prior to an Election and 14 Days Following an Election; and to Allow That a Lawful Nonconform- ing 'Roof Mounted' Sign May be Structurally Altered to Reduce Its Size and/or Copy Area." Ordinance No. 5/6/75-3, "An Ordinance Amending Ordinance No. 962, Zon- ing Ordinance of the City of National City to Add Thereto Specific Pro- visions to Allow Gymnasiums, Health and Athletic Clubs, Body -Building Studios, and Any Other Service Establishment Providing Services Which Are Determined by the City Planning Commission to be of the Same General Character as the Above Mentioned Service Uses." Ordinance No. 5/6/75-4, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, to Add Specific Provisions to Allow Dog Obedience Training in Commercial Zones." ADOPTION OF ORDINANCES City Attorney McLean said he had an urge cy ordinance for first reading and adoption. Moved by Camacho, seconde4PPinson, the urgency ordinance be presented for reading and adoption by title only. Carried by unani- mous vote. ORDINANCE NO. 1462 (5/4/?&.-4), "AN ORDINANCE REZONING CERTAIN REAL PROP- ERTY FROM R-4-PD ZONE, RESIDENTIAL PLANNED DEVELOPMENT ZONE, TO R-1-S. ZONE, SPECIAL SINGLE FAMILY RESIDENCE ZONE AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE AND ADOPTING SAID ORDINANCE AS AN URGEN- CY ORDINANCE AND RESCINDING ORDINANCE NO. 1453." Moved by Pinson, 5/6/75 23 seconded by Camacho, Ordinance No. 1462 (5/4/W&--5) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. REPORT OF CITY ATTORNEY - None. REFERRALS The City Manager's recommendation that a REVISED RESIDENTIAL SEWER LAT- ERAL POLICY be instituted (see Document No. 55691 for full recommendation). City Staff be directed to implement the policy immediately and appro- priate publication of the policy for public use be authorized was presented. Moved by Pinson, seconded by Reid, for adoption of the City Manager's recommendation. There was discussion of policies of other cities. City Manager Bourcier stated the City was generally in conform- ance with other cities, but he did not believe other cities had the provision of "three ccall-ba►bks' by a plumber." Carried by unanimous vote. The City Engineer's recommendation the INSTALLATION OF STREET LIGHTS be approved for the NW corner of 24 Street and K Avenue on Pole 1099 and on an ornamental pole at about 25 Street, resulting from a petition for installation of street light on K Avenue between 24 and 26 Streets, was presented. Moved by Dalla, seconded by Reid, the City Engineer's recom- mendation be approved. Carried by unanimous vote. NEW BUSINESS The APPLICATION FOR PERSON -TO -PERSON TRANSFER OF OFF -SALE BEER AND WINE LICENSE of Floria J. and Robert A. Asperin and the Southland Corporation, dba 7-ELEVEN STORE No. 2001-16669, 1539 East 8 Street, and the Police Chief's statement there appeared to be no grounds for protest were pre- sented. Moved by Pinson, seconded by Camacho, in favor of the application. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The APPLICATION FOR PERSONAL TRANSFER (dropping partner) OF ON -SALE BEER AND WINE, EATING -PLACE LICENSE of Yusaku Kuroiwa, dba YOSHINO RESTAURANT, 1231 Highland Avenue and the Police Chief's statement investigation re- vealed no grounds for protest of the application were presented. Moved by Pinson, seconded by Camacho, the application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BULLETIN #14-1975, dated May 2, 1975, was presented. Ordered filed by unanimous vote. The City Treasurer/Finance Director's request for RATIFICATION OF PAYMENT OF BILLS, dated April 29, 1975, covering warrants Nos. 51076 to 51100, inc., 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. The City Treasurer/Finance Director's request for RATIFICATION OF PAYMENT OF BILLS, dated May 6, 1975, covering warrants Nos. 51101 to 51155, inc., was presented. Moved by Pinson, seconded by Camacho, the May 6 payment of bills be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,, Pinson, Reid, Morgan. Nays: None. The City Manager's recommendation Council make a finding that a PROJECT AREA COMMITTEE is not required for the SOUTH BAY TOWN AND CCJNTRY REDE- VELOPMENT PROJECT and that the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE be the recognized committee to provide citizen input was presented. Moved by Pinson, seconded by Reid, in favor of the City Man- ager's recommendation. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE recommendations from their April 17, 1975 meeting (A. Replacement of five California Pepper trees with five Bottle Brush trees in 1911 Act Improvement District No. 183 [IAvenue south of 28 Street] and B. Council consider change of City Policy 5/6/75 24 relative to sewer stoppage to include two listed procedures) were presented. It was pointed out that item B had been taken care of earlier in the meeting under the City Manager's recommendation on Residential Sewer Lateral Policy (dee Page 23, Par. 2). There was discussion relative to the suitability of Bottle Brush trees because of their habit of dropping blossoms, etc. Moved by Morgan, seconded by Dalla, this item be back on the Agenda next week. Carried by unanimous vote. The request of LA MORENA LIQUOR STORE for permit to widen their drive- way at 40 East 30 Street; the City Engineer's statement he had no objection to the widening providing three conditions ([1] Asphalt berm, 6" high, be installed along edges of driveway approaches, [2] Existing water meter boxes and access chamber be brought up to grade, and [3] The widening be limited to 5' additional width on each side); and the Plan- ning Director's statement he had no objection to the overwidth driveway, as shown on attached drawing, providing 6" curbing was installed to sep- arate areas of landscape fe= vehicular circulation and parking were presented. Moved by Pinson, seconded by Camacho, the widening of the driveway be approved subject to staff conditions. In answer to the ques- tion of whether or not adjusting the striping of the parking lot would make the widening of the driveway unnecessary, Planning Director Gerseter said the area had been inspected and they could see no way of improving the situation without widening the driveway; part of the problem was the heavy, fast-moving traffic on 30 Street; cars are now climbing the curb and running through the landscaping. Carried by unanimous vote. City Clerk Campbell read the results of the opening of sealed bids April 30 for one 5-YARD DUMP TRUCK: Colonial Ford - $9,517.16, alter- nate $9,358.16; Courtesy Chevrolet - $9,493.50 (options offered in addition); and International Harvester Co. - $9,694.08 and stated the Certificate of Publication of the Notice to Bidders was on file. City Manager Bourcier said he was not prepared to make a recommendation at this time. Moved by Pinson, seconded by Dalla, refer this to staff for recommendation. Carried by unanimous vote. REPORTS City Manager - None. The Planning Commission's recommendation of approval of the modified plan for a NEW TRUCK SCALE, SCRAP DISPOSAL, INC. and a Conditional Use Permit be granted subject to stated conditions was presented for infor- mation only; the matter will be presented to Council not less than 15 days from May 6, 1975, unless written protest is received within this period, in which case the City Clerk shall give written notice and set the matter for public hearing. The Planning Commission recommendation of approval for EXEMPTION from installation of PERMANENT PAVING for one-half street width at 1615 L Av- enue, providing the applicant (WILLIAM HAWKEN) make a cash payment in the amount of $250 to cover the cost of installing a 21/2" lift of A.C. on the substandard area was presented. Moved by Reid, seconded by Camacho, in favor of the Planning Commission's recommendation. Mayor Morgan stied that he had no interest in the affected property but the applicant was his son-in-law. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Planning Director Gerschler reported on a landlocked parcel, 15' x 60' adjacent to the MAPLE COTTAGE at 2704 Highland Avenue, which is up for TAX SALE on May 23, minimum bid $100; if the City wishes to acquire the site, immediate action would be necessary. Mr. Gerschler further reporte,z1 although the site lies within a future park as shown on the General Plan, it would be of little value to a future park and would be beneficial to the Maple Cottage; the Planning Commission took the following action in this regard at their meeting of May 5: "That the Planning Commission advise the City Council that this parcel is up for Tax Sale and unless the City Council moves to acquire it, the Staff will advise Mr. Hansen (owner of Maple Cottage) that a building permit will not be denied on grounds of noncompliance with the General Plan." Moved by Pinson, sec- onded by Reid, in favor of the Planning Commis4ion's recommendation. 5/6/75 25 Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. COUNCIL COMMUNICATIONS VICE MAYOR DALLA said in going through the rough draft and finished minutes of the April 22, 1975 meeting, he was surprised to read that the bee ordinance, r 4/15/75 l had beenfiled; others he consulted with as to what had taken place with that ordinance were under the impression the ordinance had passed; since there was some question, helistened rto oothet meeting and that clarified nothing and he was not sure whether passed, or what the intention of Council was. Mr. Dalla said City Attorney McLean had the ordinance with him and if he would introduce it one more time...if there was a motion to bring it back to the floor it would clarify matters. Moved by Pinson, for reconsideration for clari- fication. City Attorney McLean said if someone would make a motion to read the ordinance by title only (he had the ordinance with him) then it could come back on the agenda next week for adoption. Moved by Camacho, seconded by Reid, this (ordinance 4/15/75-1) be read by title only. Carried by unanimousvote. Ordinance No. 4/15/75-1, "An Ordinance Amending Ordinance No. 808 to Provide Specific Criteria and Regulatory Provisions for the Keeping of Bees." he was VICE MAYOR DALLA said/in the area of 11 Street, 12 Street and deParadise Drive, and at times he was not sure what street he was on, improvement work in the area has been completed but the street signs have not been replaced... if they ever were in existence. Mr. Dalla re- quested the City Engineer check this out. Mayor Morgan said it would be better to make the request of the City Manager. COUNCILMAN CAMACHO spoke in regard to the transit system and suggested it be on the agenda next week; he said the City Manager made some recom- mendations in regard to the amount of staff time involved and the cost; but if the City is going to participate in the transit system, the City should have representation (whether designated by the City Manager or appointed by the City Council). City Manager Bourcier said for clarifi- cation, some things have changed since he sent his report to Council; he has been touch with the C.P.O. and they do not want a department head on the staff, but someone below the level of department head; it appears there will be reimbursement from C.F.O. for the time spent; in that case the staff will be supplied. COUNCILMAN PINSON said in conjunction with Mr. Dalla's report on the bee ordinance, where they could not understand and the Clerk's recording was not clear (it was not clear in his mind...maybe it was in hers), he would like an ordinance so that the public would have access to any transcripts that we have; an ordinance dealing with any minutes that we might have so they can come in and get a copy at a set price and he would like the ord- inance to specify and have it to where the ordinance will specify it on listening to a transcript and he would like to see it referred to staff for drawing up an ordinance. City Clerk Campbell stated for clarification the public has this privilege now. Councilman Pinson said he would like to see it in ordinance form. COUNCILMAN PINSON said he had another item on the recording system, he knows the Clerk likes this system; he does not like it; it is not clear; cassettes are so much clearer even with several people talking at the same time, it comes out in such clarity; if we can't come to an under- standing and use a tape cassette recording instead of this "1902 model" he would suggest there be a back-up set with a tape cassette recorder going at all times so that for his benefit, if he wanted to hear what the minutes said he could listen to the tapes and get an understanding of wI it is; that just is not satisfactory to him. Moved by Pinson, seconded by Dalla, this be referred to the Staff. City Clerk Campbell said it was her understanding (she was not there at the time) that they had listened to the recordings using the small speaker which was of very poor quality, had they used the earphones there would have been no problem. Councilman Pinson said the Cassette was the difference between AM and FM. The City Clerk said she was not defending the quality of the recordings but there was no possibility of 181/2 minute gaps. Carried by unanimous vote. 5/V/75 26 COUNCILMAN PINSON asked the Planning Director where our parking lot ord- inance stood...the private parking lot ordinance... Planning Director Gerschler said the ordinance covering maintenance of private parking lots is now in effect. Mr. Pinson suggested the staff look into the South Bay Plaza, the chuck holes are big enough to drown in and there are some dan- gerous ones on the approaches. COUNCILMAN PINSON said there was still a problem at 18 Street and L Aven- ue. Moved by Pinson, seconded by Camacho, 12_ref_e_x Traffic Safet Committee for four-wa sto si ns at the intersection of 18 and L.) Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. MAYOR MORGAN spoke in regard to a family with four retarded foster chil- dren, the State pays for their care; they would like to buy a home; they started to move in and found the City had an ordinance against it becatse it is a business; he thought that under our ordinance that if there were less than six, it was not a business. The Mayor continued the Planning Commission was requesting $100 for a use permit; they have been together as a family for up to twenty years. City Attorney McLean said he was aware of this question; he would prepare something for next week. MAYOR MORGAN said the City Manager and he talked to Pike Hodge, former mayor of the City, and he has a piece of land south of 24 Street at Newell Avenue; Mr. Hodge has offered the land as a gift to the City, to be used as campground for children under twelve, possibly a pond for fishing could be developed. The Mayor proposed the land be accepted and the rental fees from the existing houses on the land be used to buy the surplus CALTRANS land adjacent, the land which CALTRANS has not been able to sell, the land on which there is open space overlay. There was discussion. Moved by Morgan, seconded by Camacho, authorized to make a minimum offer to the State (Call17r7Tand) and work on the donation to the City of the former mayor's property. In answer to the question regarding whether or not money was available for this, City Manager Bourcier replied he would have to take the money from some other project. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. COUNCILMAN REID brought up the matter of approval of the minutes of the Council meeting of April 22, 1975. Councilman Pinson said with the ex- ception of that one item (Bee Ordinance). Vice Mayor Dalla asked if they could approve the minutes as submitted, what is the situation? City Attorney McLean said the minutes reflected whatever happened and now you are reconsidering that one item which you were not satisfied with. Mayor Morgan said if the minutes were approved, the item is on the agenda for next week anyway. Moved by Reid, seconded by Pinson, the minutes of April 22, 1975 be approved. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8e2 p.m. Ci ity of Nati The foregoing minutes were approved by the City National City at the regular meeting of May 13 # Corrections ctio A / / // Mayor, ity of .iional City, California Ac_a_ y Clerk al City, California Council of the City of 1975. as noted below 5/6/75