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HomeMy WebLinkAbout1975 05-27 CC MIN48 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 27, 1975 The regular meeting of the City Council of the City of National City was called to order at 730 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Biggs, Bourcier, Campbell, Gerschler, Tio-,.ffland, McCabe, McLean. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with the pledge cf allegiance to the flag led by City Manager Bourcier followed with invocation by the Rev. Ted Selgo, First Congregational Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Camacho, the iiinutes of the regularmeeting of May 13, 1975 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstaining: Reid. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the reappointment of Ralph Pinson as delegate to the Economic Opportunity Commission. Moved by Camacho, seconded by Reid, favor Carried by unanimous vote. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be resented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,788, "RESOLUTION APPROVING EXECUTION OF AGREEMENT BE- TWEEN THE CITY OF NATIONAL CITY AND THE SALT DIEGO TRANSIT CORPORATION FOR PROPOSED BUS SERVICE IN NATIONAL CITY FOR 1975-75 FISCAL YEAR." Moved by Camacho, seconded by Reid, Resolu-tL.onNo.11,789 he ted.. Members of the Council raised questions regarding alternate buses or additional buses during the holidays° evaluation of the use of late night buses whether the City is paying for buses that are not being used; whether some of the late buses might be discontinued and better utilized at earlier hours and eliminating the use of the rest of the LTF money to accomplish the same thing; whether or not this was the time to resolve some of these issues. City Manager Bourcier said he would rec- ommend that Council approve this contract with San Diego Transit; staff, having gotten the feelings of Council, will work with the San Diego Transit Corporation to affect a modification to Route 12 at the earliest possible time; he understands Planners for the Transit Corporation are looking into these alternatives; however, it is extremely difficult for them to change buses for just a week or two because they are committed; but we will look at the alternatives° the contract can always bemodified. Carried by unanimous vote. RESOLUTION NO. 1/,789, "A RESOLUTION OF THE CITY OF NATIONAL CITY OF IN- TENTION TO SELL REAL PROPERTY AND DIRECTING PUBLICATION OF NOTLCE TO BIDDERS INVITING BIDS FOR SAID PROPERTY." Moved by Pinson, seconded by Camachc, 3eLmLuLti..:Lts91292tesLh. There was discussion. The matter of the zoning of the property was brought up; present zoning is R-4 but the neighborhood is made up of single family residences. Car- ried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Morgan, that we sell this lot as R-1 and author- ize Mr. Gerschler to bring before this Council as soon as possible other 5/27/75 49 areas in this same category of R-1.... Planning Director Gerschler re- sponded he did not think it could be sold as R-1 if it is R-4; the City Attorney might want to comment on that; you could initiate a change to make it R-1... Moved by Morgan, seconded by Pinson, that we initiate a zone change to make it R-1. Mr. Gerschler said after this motion, he would respond to the rest of the properties the Mayor is talking about; at the time of the General Plan hearings on the recent General Plan up- date, the Commission and the staff presented Council with a list of neighborhoods in National City that are solid single family residences; as he recalls there are eight neighborhoods in the City; Council in- structed the Planning Commission to hold hearings to change them to R-1; that is in process; those hearings will be held very soon, they have been scheduled but he could not give the date right now; whether or not this neighborhood that is being talked about is on that list (quite likely it is) he just doesn't recall; if it isn't on the list, he will bring that matter to Council's attention soon so you could take action on that neighborhood if you wish. Mayor Morgan asked Mr. Gerschler if he would bring any other location before Council. Mr. Gerschler said he thought the survey made was complete; he can bring it back and go over it with the Council. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. RESOLUTION NO. 11,790, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FUNDS FOR 4TH STREET IMPROVE- MENT BETWEEN 'S' AVENUE AND 'T' AVENUE." Moved by Reid, seconded by Pinson, Resolution No. 11,790 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,791, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (4th Street, 'S' Avenue to 'T' Avenue, Specifi- cation No. 835)." Moved by Pinson, seconded by Reid, Resolution No. 11,791 be adopted. City Attorney McLean said Item 21 on the Agenda is a request by ABC Construction Company, Inc. for Change Order No. 1 and time extension for project on 4th Street between 'S' and 'T' Avenues; a memo from City Engineer Hoffland recommending approval of the Change Order; and a copy of Change Order No. 1 should be considered at this time. Motion to adopt the resolution carried by unanimous vote. Moved by Pinson, seconded by Dalla, in favor of the City Engineer's recommend- ation. Carried by unanimous vote. RESOLUTION NO. 11,792, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (805 Melrose Street, Fred L. Lacarra, Sr.)." Moved by Camacho, seconded by Reid, Resolution No. 112 792 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,793, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING THEREON (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Reid, seconded by Camacho, Resolution No. 11,793 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,794, "RESOLUTION CONFIRMING ASSESSMENT (loth Street, llth Street, 12th Street, 'R' Avenue, Paradise Drive and Palm Avenue, Assessment District Number 161)." City Engineer Hoffland said at the hearing there were two assessments which were protested because they exceeded 10%; those two assessments were decreased; he has discussed a number of cases at length with people who protested other problems; it is his understanding not more than one or two people were unhappy at this time. The City Engineer was asked about a couple of low spots that he was directed to see if something could be doneto correct them. City Engineer Hoffland said he has observed them in the field and talked with the gentleman who was complaining about them; he thought he would have a solution in the next few weeks;... and that wouldn't be on the expense of the contractor. Moved by Reid, seconded by Camacho, Resolution 11,794 be adopted. City Attorney McLean said before adopting the resolution, there are two more communications concerning the district which were received after the time for official protest. City Clerk Campbell stated the Hearing on filing of the assessment was held on May 13; protests were to have been in on May 12; two were received since then; one from Jean and M. P. Mathieu received May 20, and one from William M. and Zona Wesley received May 22. City Attorney McLean asked the City Clerk if she had distributed those to Council. City Clerk Campbell said yes and also to the City Engineer. City Attorney McLean said Staff says that 5/27/75 50 they came after the time the Statue provides for the receipt of protestt however, we would like the record to reflect them; we did receive these communications; whether they are in fact protests or not and the fact that they have been distributed to Council and City Engineer; but they have no bearing on the assessment district because they were received after the Statutory period of protest; staff will respond if it is in order. Carried by unanimous vote. ADOPTION OF ORDINANCE Moved by Camacho, seconded by Reid, the ordinance be presented to Council by title only for second reading. Carried by unanimous vote. ORDINANCE NO. 1467 (W40/44-1)_ "AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 707 RELATING TO ANNUAL INSPECTION FEES FOR FOOD ESTABLISH- MENTS." Moved by Camacho, seconded by Reid, Ordinance No. 1467 (5,l2Q/g5 -1) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. HEARINGS The HEARING on proposed ZONE CHANGE from C-4, Wholesale Commercial, to TRC-PD, Transportation Center -Planned Development, property at the South- east corner of 31st Street and National Avenue (ZC-3-75) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Public Hearing were on file. Plan- ning Director Gerschler said the Environmental Impact Committee has found that this will have no substantial effect on the environment; the Planning Commission has recommended that the zoning be changed to comply with the General Plan. No one was present to speak in this regard. Moved by Camacho, seconded by Reid, this hearing on the proposed change from C-4 to TCR-PD property at Southeast corner (of 31st St. and National Ave.) be closed and all the Planning Commission recommendations be approved and adhered to. Carried by unanimous vote. The HEARING on proposed AMENDMENT to Zoning Ordinance 962 to provide for "exceptions" in rear yard setback within single-family residence zones (A-5-75) was held at this time. (Proposed amendment; i.e., Rear Yard Setback Exceptions: Single story structures attached to an existing main building, in single family residence zones, may be located within the rear yard setback to within four feet [4'] of the rear property line, subject to the issuance of a conditional use permit by the City Council upon recommendation of the Planning Commission, and subject to the pro- visions of Section 10, Paragraph B, Sub -paragraph 17 of Ordinance No. 962, but shall not be closer than five feet [5'i from any retaining wall or toe of slope, and the aggregate area of all buildings shall not exceed' a greater portion of the rear yard area than forty percent [40%J. Structures exceeding one-story in height shall not be closer than the required rear yard setback for the zone.) City Clerk Campbell stated the Planning Commission recommended approval, the Certificate of Publication is on file. Planning Director Gerschler said the Planning Commission initiated this case; they recommended the zoning ordinance be amended to allow in the R-1 zone only that buildings can, under certain circum- stances, be extended into the normally required 25' rear yard setback; the proposal, recommended by the Planning Commission, would allow such extension only into 40% of the rear yard area and would require a Con- ditional Use Permit and would have to be approved by the Planning Commission and the City Council in each case. No one was present to speak in this regard. Moved by Morgan, seconded by Pinson, we close the public hearing and approve the Planning Commission recommendation except the 4' setback and we will have the setback as 10' instead of 4' in the rear yard. In answer to the question about this affecting a certain percentage of lots in the R-1 zone, if this were increased to 10', how many, or what percentage, of the R-1 lots would be affected, Mr. Gerschler said there must be some misunderstanding; the percentage referred to was the percentage of any one lot that could be occupied by a building and it would be limited to 40%; as the motion is made, the 4Oo.rule will stand, if you would arrange it a little differently so that there would be still a 10' distance from the rear of the building to the rear prop- erty line; he doesn't see any need in changing the 40% figure under the motion now pending. Carried by unanimous vote. 5/27/75 51 NEW BUSINESS The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN NO. 16-1975, dated May 23 was presented. Ordered filed by unanimous vote. The City Treasurer -Finance Director's request for RATIFICATION of pay- ment of PAYROLL in the amount of $139,254.28 and BILLS in the amount of $52,329.07 (Warrants Nos. 51261 to 51352) for a total of $191,583.35 was presented. Moved by Pinson, seconded by Camacho, the bills and pay- roll be ratified. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A communication from City Manager Bourcier recommending that the CLAIM of RALEIGH RUSSEL RHONE be denied and be referred to the City Attorney was presented. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. A communication from City Manager Bourcier recommending Council adopt the proposed UP -DATED CITY'S BUILDING RENTAL POLICY prepared by the Department of Building and Housing, and copy of proposed policy were presented. There was discussion in regard to possibly discouraging the use of buildings on weekends and the City built these buildings for people to use; Mr. Biggs was quoted as having said no one would be denied if it was proper. City Manager Bourcier said we don't intend to cut down the use of the building for any bonafide use; the problem is, that we have a shortage of staff and sometimes this building is rented on a Sunday from seven in the morning until ten at night; if the custodian must work from seven in the morning until ten at night, we do not have enough staff to relieve that individual and then he has to come back Monday morning and work his normal shift. It was suggested that a part- time janitor be used in addition to the regular custodian. City Manager Bourcier said that is an alternative they can look at if the need arises; usually a standby person would require a lot of training and a lot of supervision, but it is an alternative they can look at if the weekend rentals get excessive. There was further discussion. City Manager Bourcier said in carrying out this instruction, they will attempt to rent to anybody who wants to rent, if we run into a problem he will come back to the Council and let Council know. There was comment on Item 5 wherein the decision of the City Manager in case of appeal shall be final. City Manager Bourcier said the City Manager is never the final appeal; Council can always decide an appeal. Mayor Morgan asked if we could approve this recommendation with the thinking of the Council ... if they wanted to appeal to the Council, they could appeal to the Council, but the Manager would work out alternatives before using the building; not deny anyone if they qualify for the use of the building. Moved by Camacho, seconded by Reid, in favor of the Mayor's proposal. In answer to the question of how close the daily and monthly rates were to the daily and monthly rates charged now, City Manager Bourcier said he would like Mr. Biggs to answer that question, he did a lot of the re- search on this. N. S. BIGGS, Director of Building and Housing, was present and said the current rates were put into effect in 1967 and they are out of line; at present the fee is $15 for a rental period from seven a.m. until twelve noon; a survey has been made of eight other cities our size and having the same type of buildings for rent; also, they have received complaints that because the City had only a $15 rental rate for that many hours of use, we were putting some tax -paying organi- zations out of business: the Knights of Pythias, the V.F.W., Swiss Park, etc.; their buildings were sitting empty because people wouldn't pay to use other enterprise tax -paying buildings when they could get the City's buildings for little or nothing; even the City of Chula Vista had to raise their rates to be comparable with the private sector; the survey was made by Mr. Ballard and Mr. Barber, who have all the statistical information; there was a high and a low we took the one in the middle we didn't want to be high and we didn't want to stay low. There was dis- cussion. City Manager Bourcier said he would just as soon that the Council held over the whole thing and adopt it as a policy. Mr. Biggs said the reason they increased the rates was that we do have a serious budget problem and we are looking for ways to bring our fees and charges in to line with other jurisdictions; the present fees were completely out of line. There was discussion of Little League and Pony League and soccer and other organizations that don't make a lot of money; they are 5V27/75 52 out raising funds to keep going; the City couldn't pay for the volunteer help in these organizations to keep these kids going, mothers and dads, and keeping them together, this is one way we can help them. City Manager Bourcier said we usually give those groups free use of the hall anyway. There was further discussion. Mr. Biggs said under Item 13 on Page 5, there is a list of organizations that would fit into this cat- egory; they would pay no fee at all; if it is a non-profit organization or sponsored by a civic association, educational, cultural or a tax - supported, is open to the general public, or is recognized as being in the public interest; even if it doesn't fix into those categories, according to Council policy the case would be presented to the City Council. Moved by Morgan, seconded by Camacho, we table this motion at at this time. City Manager Bourcier asked what Council wants him to bring back. Mayor Morgan said the rate change, the charges they charge at other places....we made a motion to go along with the Manager's rec- ommendation with the thinking of the Council that we wouldn't deny people the use of it except the rate change and leave it as is until the Manager brings more information back. City Manager Bourcier said he would just assume they filed the whole thing and they would bring it all back as a package. There was further discussion. City Manager Bourcier said the object of this policy is not to make money but just to recoup the cost to the City; if Council wants to analyze the full cost, we will bring it back at a later date. Motion to table carried by unanimous vote. A communication from City Treasurer Kerr recommending $150 be refunded to M. A. SIMON, MARVIN'S LOAN & JEWELRY COMPANY for unused business license, and communication from M. A. Simon were presented. Moved by Camacho, seconded by Reid, in favor of the City Treasurer's recommenda- tion. Carried by unanimous vote. A communication from SOUTHEASTERN CALIFORNIA CONFERENCE OF SEVENTH -DAY ADVENTISTS requesting a "no -fee permit" to conduct a fund-raising cam- paign in National City and the License Collector's recommendation of approval were presented. Moved by Camacho, seconded by Reid, in favor of the License Collector's request. Carried by unanimous vote. Recommendations of the TRAFFIC SAFETY COMMITTEE from their May 14, 1975 meeting were presented: A. That directional signs to I-5 be placed on National Avenue at 8th Street, 13th Street, and 24th Street. Moved by Pinson, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. B. At the request of the owner, the Committee recommends a loading zone in front of 1238 Roosevelt Avenue. MARION COOPER, 91 Shasta Street, Chula Vista, owner of the business at 1238 Roosevelt Avenue, was present and said he sent a letter to the Traffic Safety Commit- tee April 28 in regard to the problem of people parking in front of his place of business; parking is limited and people park there and lock their cars, two or three of them, and leave them all day; his employees can't get in with their trucks; customers have no place to park; the City painted his curb red from his driveway all the way to the corner about two years ago; he objected but was told it had to be; the curb across the street has not been painted red in front of the residences and it still is just as dangerous to park a car there near the corner as it is anywhere else; so, he requested the Traffic Safety Committee to paint his curb green allowing 15 to 30 minutes parking to keep these people from parking there all day in front of his business; his business does bring money into the coffers of National City; if his customers don't have a place to park, they don't bring any money into the coffers; it's as simple as that. There was discussion. Mr. Cooper said he only wanted this green curbing, he didn't want a loading zone because his customers can't park in a loading zone. Moved by Pinson, seconded by Reid, we wive him the green curb for 30 minutes or whatever length he asked for there or whatever length the Traffic Safety Committee approves for yellow curb, make it green. There was further discus- sion. Carried by unanimous vote. C. That the crosswalk at Burden Drive across 8th Street be removed and that a crosswalk be established at Arcadia Place. Moved by Pinson, seconded by Reid, in favor of the recommendation. Carried by unan- imous vote. 5/27/75 53 D. That a 5' long red curb be approved at 620 "A" Avenue and also 614 "A" Avenue to keep walkways clear. Moved by Morgan, seconded by Pinson, this item be approved. Carried by unanimous vote. E. That a traffic signal be constructed at 18th Street and "L" Avenue as soon as possible; the Committee does not recommend a 4-way stop as a temporary measure. Moved by Pinson, in favor of this item and that we install a 4-way stop sign contrary to the Committee's rec- ommendation. Motion died for lack of second. Moved by Reid, seconded by Morgan, this be approved as recommended. City Engineer Hoffland said this signal is recommended in the Capital Improvement, after the approval of the budget, it would take at least three months to get the materials. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan, Nays: Pinson. F. That at the intersection of 13th Street and Harding Avenue, the following be approved: (1) curb on South side of 13th Street be painted red for 25' west of the existing cross gutter, (2) pedes- trian X-ing signs be installed 125' each side of the crossing, and (3) "Ped X-ing" be painted on the street at each side of the cross- ing. Moved by Pinson, seconded by Dalla, in favor of the recommend- ation. City Engineer Hoffland said he believes that it was recommended it be restudied in a period of time; they are interested in the pedestrian traffic in the area; they don't think that two 4-way stops on 13th are warranted, so they felt if this weren't sat- isfactory that they would then recommend that the other 4-way stop at Roosevelt be made a 2-way stop and a 4-way stop be put at Harding; this was a first phase of a study of the whole area. Carried by unanimous vote. G. That the entire Alpha Beta parking lot east of Harbison Avenue and north of Plaza Boulevard be declared a safety hazard and a public nuisance and that it be closed to public use until paving repairs are completed. The City Manager recommended this item be filed. Ordered filed by unanimous vote. The request of ABC CONSTRUCTION COMPANY, INC. for CHANGE ORDER NO. 1 (net increase of 6.37%) and time extension for project on 4th Street between "S" and "T" Avenues on the agenda as Item 21 was taken care of under Adoption of Resolutions. (See Resolution No. 11,791, Page 43, Paragraph 3) A communication from JIM BOBO and CARMEN PERRY requesting free use of Kimball Park Community Building on July 6, 1975 for their wedding recep- tion was presented. Moved by Camacho, seconded by Pinson, this bederied. Mayor Morgan stated he had received a nasty letter which made reference to Jim Bobo being a friend of the Mayor who helped in the Mayor's re- election campaign. City Attorney McLean asked if Mr. Bobo did. Mayor Morgan said yes, so he will have to abstain from voting. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. REPORTS CITY MANAGER'S REPORT - None. A transmittal from the Planning Department stating the Planning Commis- sion recommended that application by SCRAP DISPOSAL, INC. for CONDITIONAL USE PERMIT for the operation of a public scale at 823 West 17 Street be granted subject to given conditions was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission recommendation. Carried by unanimous vote. Items 24 and 25 were taken together: Item 24, Transmittal from the Plan- ning Department stating the Planning Commission recommends that application by ARTHUR C. FILSON for Zone Variance Z-.5-75 to reduce required 5' set- back upon a dedicated street to 0' at 1705 National Avenue be granted, limiting use of setback to display of automobiles for sale and subject to two conditions; and Item 25, Transmittal from the Planning Department stating the Planning Commission recommends that application for condi- tional use permit No. 1975-3 for an entertainment establishment offering restaurant facilities, including beer & wine, billiards and amusement machines at 108 West 25 Street be approved were presented. City Clerk 5/27/75 °"1 54 Campbell stated these items will be back on the agenda June 17, 1975 unless protest is received in which case they would be set for public hearing. Ordered filed by unanimous vote. A transmittal from the Planning Department stating the Planning Commis- sion requested City Council Policy re future land use of R-4 zoned properties located on the west side of NEWELL AVENUE, on 24th adjacent to Las Palmas Park (KENNY) was presented. Ordered filed by unanimous vote. Planning Director Gerschler said he would presume by filing Coun- cil has tabled it and can bring it up again whenever Council is ready to. TOM KENNY., 726 East 1 Street, was present and said he has lived at this property since 1947 and stated Council has done a great job where the parks are concerned; he was here when there was a little park in Kimball; he would have to throw rocks off the baseball field to play ball; they have been trying to do something with this property since 1959 in one way or another; it is his understanding that the City wanted to do something with this property lcteparticular, annex it to the park; it is also his understanding there/Hot sufficient funds available to do that; he asked that some kind of decision be made concerning this prop- erty, either the City would like to buy it or, if not, let them improve it; they waited a long time; they ask that....Council sit back and con- sider the lengthy wait they have had and perhaps come to some decision in the near future. There was discussion. Mr. Kenny said they have one house on it. Mayor Morgan said the City had the County out and the County said they would buy the property north of 18th Street and they put it in the budget that they would buy this property north of 18th Street; so, whenever they got down to it, they appropriated $170,000 and they came up and said that is not enough money; he knew it at the time, but they had it in the budget and why fuss with them because he thought they could increase that; well, Mr. Jack Walsh is . hostile to National City, •you know, and he doesn't care a thing about us down here, so he got it knocked out as to buying this property as they agreed to; they had it in their budget to do that; therefore, they said they would spend it on City -owned land and that is the only alternative National City had; they get the plans to where we can spend this $170,000 on City -owned land; that is what we are doing; money is scarce and National City doesn't have the money to buy this property. Mr. Kenny said they understand that and if the City could come up with the money and would like to purchase it, that is fine, they don't object to that; however, if City cannot purchase, they would like to be able to improve it; they have owned it since 1947; they are not big developers, they are simple folk; all they are doing there is paying taxes on it and it has been a long drain; everytime he and his parents have wanted to do something with it, something comes up and stops them, easements or the City want- ing to buy it or what have you; so, all they are asking is that the City make some type of decision as soon as possible so they can do with it as they would like to within certain limits; he is not sure if his father Would like to interject his thoughts.... RAYMOND KENNY was present and said since 1959, and the City records will prove it, he tried to give 40' x 264' of road; he could get 100% loan to build apartments there; year before that he was treated so fine by Jim Bird and others; he believed what was going on and then he took a look in ten years....then the State took his property; he got disgusted and put it up for sale; now Micky the real estate person received two calls from people wanting to buy it; he got one of them from her; she had to tell the people, National City was going to buy it; that's a year ago last January when he put it up for sale; the time has come....if National City doesn't want it, let me build something on it; he has 40,015 sq. ft.; he has the map to prove it and that park was surveyed by his stakes; if National City doesn't want it, let him do something with it; he doesn't want any more....the time is he has woke up and wants to do something with it. There was discus- sion relative to including it in the list for possible change in the General Plan. Planning Director Gerschier said it would be four months from June 9...October the 9th. Mr. Kenny said after waiting all these years a couple more months won't hurt him. Mr. T. Kenny asked for clar- ification before the vote was made; does this mean that Council is denying the request, accepting the request, postponing it or have a general meeting open to the public.... Mayor Morgan said this motion on the floor is to file it; all of these changes come through the Plan- ning Commission, then back to the Council; they have public hearings and Council has public hearings; so that is the way it would be handled. 5/27/75 55 Planning Director Gerschler said the City Attorney may want to comment on this, the City Council has the authority to initiate a change in the General Plan and instruct the Planning Commission to hear that change; it seems to him that Council is initiating a General Plan hearing and instructing the Planning Commission to have that hearing at their next date on October the 9. Mr. T. Kenny said next time they come they should have some type of definite answer. There was further discussion. Car- ried by unanimous vote. City Attorney McLean said you can understand from the discussion the City Council is telling us that their application for zone change conformances will be processed at the next regular con- formances proceedings which will be in October with the City Planning Commission; their application came in too late to be considered in the June General Plan proceedings; make sure you get with the Planning Dir- ector and that you have all the papers in that are needed. COUNCIL COMMUNICATIONS VICE MAYOR DALLA said Mr. Gerschler in his report to the Planning Com- mission under landscape maintenance enforcement brought out the fact that there are some industries and businesses in the industrial area that have voluntarily, on their on initiative, and at their own expense, without any prompting from the City, landscaped the area around their businesses and generally improved their appearance; one time before, when this happened, he asked the Council if it would be appropriate to send a letter acknowledging that and expressing our appreciation for doing it; once again, he would like to ask Council if they would consider doing it at this time; in fact, might establish it as a policy; we spend a lot of stamp time and postage and that sort of thing for people who don't do what they are supposed to do; apparently some...this landscape ordinance is taking effect and people are doing it on their own without us having to do that he thinks Council should let these people know that we appreciate it and encourage them in any way we can....he would like that in the form of a motion. Councilman Pinson said he thinks the staff is busy enough enforcing the ordinance without having to take up staff time in paper work; in fact, it was one thing he was going to ask staff is to quit using envelopes when they are making communications be- tween staff offices in City Hal/ and use both sides of the paper; he thinks we should cut down a little bit on that; we have enough problems enforcing it without having to spend time on that other. Vice Mayor Dalla said what he is trying to point out is if we were to acknowledge some of these things, voluntarily we might not have to have so much en- forcement. MAYOR MORGAN said previously he had asked about Mr. Mueller; is it known if he is moving out? City Manager Bourcier said he does know that Mr. Ballard is working with the Redevelopment Agency on it. Mayor Morgan asked if there are any problems getting him out because this thing has been going on for two or three years; we lost a 136-unit motel; maybe we have lost it, he doesn't know; you can't hold those deals; is there any problem just getting him out of there in a few days? or how can that be handled? City Attorney McLean said the decision to evict the tenant is a policy decision and in the past has not been made by the Redevel- opment Agency; the Agency's policy has been to go along with the problems of tenants that are having difficulty relocating, •he can't say where we stand today: he knows that he is the tenant'and has had a legal dispute with the landowner that has lasted a little while, he will have to ask Mr. Peterson. Mayor Morgan asked City Manager Bourcier to let them know as soon as possible on how long it will be before he gets out; whether we should bring this before the Redevelopment Agency and see if we can nudge him a little bit. City Manager Bourcier said he would bring a report back next week. MAYOR MORGAN said there is a noise problem in National City; we have one band that moves in a residential zone; last Saturday night they had about 300 to 500 at this music.... that doesn't make for happy neighbors; we are going to have to update this ordinance where we can control this where the Police could make a judgment where this noise is out of line or something because he doesn't think residential zones are made where you can call a band in and you can hear it all over the City and have 300 or 500 people; it goes on and on. City Manager Bourcier asked if that was at 7th and M. Mayor Morgan said that's it. City Manager 5/27/75 56 Bourcier said he spoke to the Police Chief about it today. Mayor Morgan asked for some recommendations on this where we can update the ordinance. Moved by Morgan, seconded by Reid, we authorize the City Manager and the (Police) Chief to come up with some kind of change in the noise ordin- ance in National City where we can control this sort of thing. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. MAYOR MORGAN said the nation energy....he is nosing into something that is not his business, but it is time we tell these people that are repre- senting us that we. won't rely on the Arabs for energy...as far as the energy in this country; he thinks we are going to have to have our own, we are going to have to back the President in this case; he has always been a Democrat, but in this case the Republican is doing a better job than Democrats and it's time we get started on something to get us out of this situation; pretty soon the Arabs will come over here and they won't care where these energy places are going or where they drill; they will drill them where they want to whether people like it or not.. .we can control it this way; it's time to get started on solving our energy problem. Moved by Pinson, seconded by Reid, we direct the Mayor or Manager to write a letter to our representatives in Collgress and the President and let him know our feelings on this. Carried by unanimous vote. Mayor Morgan called an Executive Session at 8:49 p.m. on personnel mat- ters. The meeting reconvened at 9:26 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Vice Mayor Dalla asked if the Finance Committee meeting would be held in the conference room or in the Council Chambers. Due to lack of space in the conference room, it was agreed that the Finance Committee meeting would be held in the Council Chambers. Moved by Reid, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:28 p.m. City erk City of National ity, California The foregoing minutes were approved by the City Council of the City of National City at regular meeting of June 3, 1975. No corrections ections as noted below .41, ihOir Mayor, ity %.,ional City, California 5/27/75