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HomeMy WebLinkAbout1975 06-24 CC MIN80 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 24, 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, Acting City Attorney Cowett, Gerschler, Hoffland, McCabe. 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. Dale Barizo, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of June 17, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation, "GOD BLESS AMERICA WEEK," June 29- July 5, 1975 was read in full. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. MAYOR'S APPOINTMENTS Mayor Morgan recommended the appointment of GERALD D. RUSSELL as Alter- nate Member of the Citizens' Committee for Community Development. Moved by Camacho, seconded by Pinson, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS EVERETT DICKSON, 2745 East 14th Street, was present and commended and thanked Council on their clean-up programs and repairing the streets; he said he was talking to Mr. Newberry Monday evening; he had been on an inspection tour in the area of E. 15th Street and the National School District; he showed Mr. Dickson where the City installed a gate at the south end of Palmer Way to prevent much of the dumping that has been occurring there without the City's approval; it seems that some of the people that have a key to that gate have allowed a couple of trucks in there and they have dumped some other stuff he doesn't think Council is aware of. Mayor Morgan said they would check that. Mr. Dickson said he believes the School District owns most of that property in that area; they have attempted to clean most of it; they haven't done much under the trees which is a bad area* he hopes Council will attempt to have them do this. Mayor Morgan said here are trees down in that little valley be- hind... Mr. Dickson said orrect. Mayor Morgan said they would check this out. ARVID SKOG, 1417 Palm Avenue, was present and said he would like Council's leave to build a nine hole miniature olfon a (125' x 125') at 5th and Roosevelt; it wouldubeeleasedpiece land;of TC hprope erty t zoning requires a restaurant; this is more or less a temporary business; it would be on afive year lease with renewal (option), it wouldn't be as elaborate as the one being built in Clairemont at Highway 163; he thinks there is a real need for aminiature golf course down here; it would be a family business...family recreation; he takes his own family to La Mesa to play miniature golf and there is nothing this side of University Avenue at all; there was room to put in eighteen holes in the future, the adja- cent property is vacant; it would be a family business, he and his two married daughters and two other children helping with it. Mayor Morgan said he has a letter stating someone wants to sell motorcycles at 5th and 6/24/75 81 National (James Nursery); he asked Planning Director Gerschler if he has studied this. Planning Director Gerschler said no, they have followed the case with Mr. Matthews on the motel and they are aware of those ne- gotiations; they had an inquiry in the office a day or two ago about a motorcycle business and there is a problem with the zoning; he would be more than happy to meet with the gentleman and explain to him what would have to be done to get that straightened out; he didn't look into the miniature golf course because that just came to their attention tonight; he is o yymi eft ,nR . erh ,, ppt be that there is some way, perhaps a t em- porary/ iniature golf curse; they would look into that and report back. CLINTON MATTHEWS, 4305 Vista Coronado Drive, Lynwood Hills, San Diego County, was present and said he was on some of the original planning committees that studied this area and helped to zone the City; he has always thought it was a perfect site for motels and restaurants and he is still sold on the idea; he has owned this property for about three years and has cleared the property with the exception of the one build- ing to have it ready for a motel; he negotiated with Ramada Inn for about a year, had leases drawn and had everything possible to further the deal and they were never able to get financing for the project; then (he nego- tiated) about a year with Travelodge and apparently they had the same problem. Mr. Matthews continued, the Travelodge or the Ramada Inn nine out of ten times will not build themselves; a private owner builds and then takes a franchise from one of these companies; both companies ap- proved the site, but the people interested in constructing the building have not been able to get financing; whether it was the location or possibly the high interest rates, this was not feasible; he had made $1,000 a month payments (on the property) just about as long as his fi- nancial status will stand it. Mr. Matthews requested Council consider temporarily changing this zoning to accommodate the motorcycle sales and miniature golf; if so the they would go through the Planning Com- mission. Mr. Matthews said Larry Faulk appeared ,t the Planning Department in regard to operating a motorcycle sales business and he was rather discouraged; he felt that there was no reason to discuss it fur- ther; Mr. Faulk's father was going to back him in this and they were going to spend about $7,000 to remodel the building and bring it up to code (James Nursery Bldg.) he is in motorcycle sales now and feels he can do a terrific business; Bill Johnson, who represents Larry Faulk, says they will develop quite a volume of business in this motorcycle sales; apparently it's quite a lucrative business and might fit in with "Auto Row"; Bill Johnson says Larry Faulk will rehabilitate the building be- fore getting into operation while there...he suggested the possibility of a percentage on the gross a few months down the line getting closer to your requirements, the dealership will probably gross $i million in about 10 months, a percentage of the gross could be very good. Mr. Matthews asked if Council would consider this golf course, this motor- cycle sales on even a short term bases as Malcolm Gersclier suggested... even on a three to five year period and they can take a look at it then; he doesn't feel they should necessarily change the zoning; but a zone variance; let's give it a try and see if it continues to work for motels in that area; if we can get one to start, one to build, he thinks they can develop a nice motel row along there; his enthusiasm has been damp- ened over the last three years, but he still thinks it is a good locations in the meantime if Council would consider this with the feeling that it can be done, they will go through their usual processes. There was dis- cussion. Acting City Attorney Cowett said they would have to take a look at it with the Planning Department.,. Moved by Camacho, seconded by Pinson, we refer this to the Planning Commission for further research on this...and the Attorney. Carried by unanimous vote. In answer to the question of when was the last contact with the motels, Mr. Matthews said both of the contacts that he had and worked with for so long had moved their sites over to 805 because of the traffic being split between 5 and 805; there will be diminishing traffic on 5 and most of these com- panies now feel that they would rather go into the territory where there are no motels and develop that first; probably this will be the way it will go; he thinks the 805 motels will have to be developed before they can get back to 5. JOHN WILSON, 6 North Kenton, Post Commander, Thomas H. Cosby VFW Post, was present and said in 1973 the City Council awarded the Veterans of Foreign Wars a variance for parking because of the Kimball home behind the Post; last year they were given another variance; he read in the 6/24/75 82 newspaper what the City Council is going to do to this Veterans of For- eign Wars Post, but no one has approached him in regard to the parking or if they are going to move Kimball home. Mayor Morgan said they want to restore it (Kimball Home) in its original location and he did talk to some of the officials down there and he told them he was working on it; they have a meeting set up for the 7th of July in the Council Chambers on the parking; he has asked the Asst. City Manager to get a map and bring it in; a map that they are going to present to the people in the area and see if they can secure the parking for the area from 8th Street to 10th Street, from Roosevelt to National. Asst. City Manager McCabe displayed the map. Mayor Morgan explained the map and the proposed park- ing areas, and said he will do everything in his power to restore the Kimball home. Mr. Wilson asked if they were talking about a long-term project; saying in the meantime, 470 members of the VFW 'are going to have to make 20 trips around the block to park; he wholeheartedly agreed with the plan. There was discussion. City Engineer Hoffland said a 1911 Act crAssessment District could be set up readily; it would take several months to get the district approved. Planning Director Gerschler said a street can usually be closed in five or six months. There was further discussion. Mr. Wilson said he would appreciate it if Council has any correspondence dealing with Kimball home, that it be written to him at his home. Councilman Reid asked that the Manager start showing him some money and how he is going to get this money and where he is going to get it. Moved by Reid, that he will do everything he can...by November, Thanksgiving, if this City hasn't done anything and it is like it is to- day, that we be fair with them, we will take that building down for them and clear it off and let them have it. Motion died for lack of second_ Mayor Morgan recognized Rick Wood, Sweetwater School District Board, who was present in the audience. Councilman Pinson recognized Barbara Strahan, National School District, and Richard Knutson, Planning Commission, present in the audience. HEARINGS The HEARING on the proposed adoption of a SPECIFIC PLAN for PALM AVENUE between Division Street and Fourth Street which would establish new SET- BACK lines from the street right-of-way for all new buildings on Palm Avenue between Division Street and Fourth Street was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler stated the Planning Commission recommends adoption. (Mr. Ralph R. Steward, President of God Bless America Week, Inc. was present and received the Mayor's "God Bless America Week" proc- lamation. Mr. Steward presented the Mayor and Council with a plaque) EVERETT DICKSON, 2745 E. 14th Street, was present and asked what the normal setback for streets is; he thought it was 20'. Planning Director Gerschler said this street setback is not really a building setback for the sake of the building; it's contemplated that Palm Avenue between Division and Fourth will have to be widened after freeway 805 is opened to handle the traffic from the off -ramp at Division and the setback situp.. ly establishes an area where that street widening could take place and puts the owners of adjacent property on notice that that's going to happen in the future; that's all that this amounts to; we are talking here about a 20' setback for street widening purposes. Moved by Pinson, seconded by Camacho, the public hearing be closed and we adopt the set- back as per the Planning Commission recommendation. Councilman Reid asked if this was the east side only, from Fourth to Division. Mr. Gerschler said yes. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented by title only. Carried by unanimous vote. RESOLUTION NO. 11,805, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHOR- IZING THE MAYOR TO EXECUTE A CORPORATION GRANT DEED ON BEHALF OF THE CITY TO HAROLD R. TATUS CONVEYING CITY PROPERTY KNOWN AS ASSESSORS PARCEL NO. 555-103-10." Moved by Reid, seconded by Camacho, Resolution No. 11,805 be adopted. Mayor Morgan asked if this could be kept sightly, it not be allowed to run down, etc. Planning Director Gerschler said he is not V/24/75 83 familiar with this case; this was something handled through the City Manager; the same maintenance requirements that pertain to any other property will apply to this; it would be private property and they would have to keep it up; all the normal building and zoning requirements would be in effect. Carried by unanimous vote. RESOLUTION NO. 11,806, "RESOLUTION AUTHORIZING ROBERT S. BOURCIER, CITY MANAGER, TO ENTER INTO AND SIGN AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA, CALIFORNIA STATE PERSONNEL BOARD, CO- OPERATIVE PERSONNEL SERVICES DIVISION FOR THE PURPOSE OF PERFORMING EXAMINING SERVICES FOR THE CITY OF NATIONAL CITY." Moved by Pinson, seconded by Reid, Resolution No. 11,806 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,807, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Beverly Andrew, 2830 E. 18th Street)." Moved by Dalla, seconded by Reid, Resolution No. 11,807 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,808, "RESOLUTION GRANTING A COMMERCIAL PLANNED DEVEL- OPMENT PERMIT PURSUANT TO ORDINANCE 1077 (Permit No. 69, Produce Market at 3421 Plaza Boulevard)." Moved by Reid, seconded by Pinson, Resolution No. 11,808 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,809, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-5-75, 1705 National Avenue, to Reduce Required Five Foot Setback Upon a Dedicated Street to Zero Feet - Arthur C. Filson)." Moved by Reid, seconded by Pinson, Resolution No. 11,809 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,810, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF SIDEWALK AT 1832 RACHAEL AVENUE, COUNTY ASSESSOR'S PARCEL NO. 558-270-17 (Justiniano R. Gonzales) ." Moved by Pinson, seconded by Reid, Resolution No. 11,810 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Nays: Dalla, Morgan. RESOLUTION NO. 11,811, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1975-3 FOR AN ENTERTAINMENT ESTABLISHMENT OFFERING RESTAURANT FACILITIES AT 108 W. 25TH STREET UNITS F AND G (Harry G. Stone)." Moved by Dalla, Resolution No. 11,811 be denied. Motion died for lack of second. Moved by Pinson, seconded by Reid, Resolution No. 11,811 be adopted. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho Pinson, Reid. Nays: Dalla, Morgan. ' ADOPTION OF ORDINANCE Moved by Camacho, seconded by Reid, this ordinance be presented for sec- ond reading by title only. Carried by unanimous vote. ORDINANCE NO. 1471 (4747,44-1), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN AND THE FEASIBILITY OF RELOCATION FOR THE SOUTH BAY TOWN AND COUNTRY REDEVEL- OPMENT PROJECT, NATIONAL CITY, CALIFORNIA." Moved by Camacho, seconded by Reid, Ordinance No. 1471 (4,471 5-4) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY ACTING CITY ATTORNEY COWETT reported the interpretation of the Uniform Fire Code pursuant to Mayor Morgan's request at the last meeting to ex- plain why open flames are not permitted to be burned in establishments where the public is in agroup; the section that applies is Section 26.115, Uniform Fire Code; ...the second reason has to do with the passage by the City Council of the Building Rental Policy within the City for the rental of City buildings, Section 25 which doesn't take affect until July 1, 1975, but the City Council itself provided that groups renting City buildings shall not burn candles; in addition to that, Title 19 of the California Administrative Code (which is the State Fire Marshal's regulations) provides that open burning of candles is prohibited in those types of situations. ACTING CITY ATTORNEY COWETT reported on the matter of St. Matthew's Episcopal Church restoration with respect to the City's obligation under 6/24/75. 84 the Historical Preservation Act; the State Parks and Recreation Depart- ment has required that if the City is to do this, it has to submit the application and it has to accompany the application with a resolution (a form of which is contained on Page 10 of the document that they sup- plied to the City); that resolution provides that the City has to have available local matching funds prior to the submission of the application tolhe:State and that the City must appoint a representative as an agent of the City to conduct all negotiations, execute and submit all documents including but not limited to the applications, agreements, billings, statements, etc. that may be necessary for the completion of the afore- mentioned project; it's the City Attorney's opinion that entering into such an agreement and adoption of such a resolution is in fact legal and that it's a policy question for the Council as to whether or not they want to be involved in this project to that extent. There was discussion. City Manager Bourcier said at the time when this building was put on the Historical Register and the church applied for funds for restoration, the rules stated a church could apply for restoration funds and get them; now, it appears from reading this document that the State has changed that and a church cannot; the City has to request the funds and the way he reads it is then, if funds are depleted that we are responsible to finish that project. There was further discussion. Mr. Cowett said he would indicate as an addendum: Mrs. Carolyn Ross had a letter from the Calif. State Department of Parks and Recreation on June 9, 1975 which said their legal counsel is now requiring that project agreements be City sponsored and City sponsored pursuant to this type of resolution; he gathers from reading that, although he has not gone into the history of the facts, that this is a new requirement of the legal counsel which probably was not in effect at the time she first applied to the City. NEW BUSINESS APPLICATION by CARL A. and CHRISTINE O. CHASE dba RANCH HOUSE LIQUOR, 1602 E. 4th Street, for personal transfer of OFF -SALE GENERAL liquor license, and a communication from the Police Chief stating there appear to be no grounds for protest were presented. 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. League of California Cities Legislative Bulletin was listed on the Agenda but was not received prior to the meeting. A communication from gRICH WILD requesting permission to construct two DRIVEWAYS 17' apart on property located at 832 Hoover Avenue and a memo from the City Engineer stating he had no objections to the request were presented. Moved by Reid, seconded by Camacho, the City Engineer's rec- ommendation be approved. There was discussion. Carried by unanimous vote. The City Treasurer/Finance Director's request for ratification of pay- ment of BILLS in the amount of $171,770.62 (Warrants Nos. 51549 to 51601) was presented. Moved by Camacho, seconded by Pinson, the bills be paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. A communication from City Manager Bourcier recommending the CLAIM against the City by Allstate Insurance Company on behalf of their insured, LEONARD F. SIMPKINS, be denied and referred to the City Attorney was pre- sented. Moved by Camacho, seconded by Reid, in favor of the City Manaaer's recommendation. Carried by unanimous vote. A communication from City Manager Bourcier recommending CLAIMS against the City and APPLICATIONS FOR LEAVE TO FILE LATE CLAIMS by Attorney Patrick T. Madden for MICHAEL CARROLL HRICA and JAMES CARROLL HRICA be denied and referred to the City Attorney was presented. Moved by Reid, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from City Engineer Hoffland recommending CHANGE ORDER NO. 4 (net increase of $226.52) be approved for improvements to EUCLID AVENUE between 22nd Street and Ridgeway Drive, Spec. 798 was presented. Moved by Reid, seconded by Pinson, the City Engineer's recommendation be approved. Carried by unanimous vote. 6/24/75 85 A communication from City Engineer Hoffland recommending improvements be accepted for EUCLID AVENUE, 22nd Street to Ridgeway Drive, Spec. 798, and Notice of Completion be filed was presented. Moved by Pinson, sec- onded by Reid, in favor of the City Engineer's recommendation. Carried by unanimous vdte. A communication from City Manager Bourcier recommending the first pro- posal from Employers Reinsurance Corporation for annual renewal of EXCESS WORKER'S COMPENSATION INSURANCE be selected and become effective July 1, 1975 was presented. Moved by Reid, seconded by Pinson, the City Managex's- recommendation be approved. Carried by unanimous vote. A communication from the CHULA VISTA JAYCEES requesting the use of the National City 24th Street Marina as the location for the 1975 CHULA VISTA BATHTUB REGATTA to be held on August 9, 1975 was presented. Moved by Camacho, seconded by Reid, this request be denied. There was discussion in regard to depriving National City people of the use of this facility; since they have a facility in Chula Vista, they can use that; and the treatment received by National City Police Reserves who were required to be on duty at the races last year. RICK WOOD, 923 Myra Avenue, Chula Vista, Chula Vista Jaycees, was present and spoke in regard to two objec- tions: (1) the "J" Street Marina is not deep enough, they intend to have this thing go pretty much most of the day and while it is high enoug. during high tide, it's simply impossible at low tide and the facility is not adequate; (2) last year when we had the regatta here at the National City Marina, we allowed anyone who was using the ramp in National City to use the ramp, in fact we stopped the races, we did everything so that anyone who wanted to use the ramp, wanted to use the facility here in National City would be able to do so; they intend to do the same thing this year. There was discussion concerning the security that will be used at this year's regatta. Motion failed by unanimous vote. Moved by Pinson seconded by Dalla, that the request be granted but that the... something on the Reserve unit be worked that it's strictly volunteer on these Reserves. It was stated they would not like the Reserve Commander to insist that the Reserves show up when (like last year) they had so many more than actually needed; and they were not fed properly. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Reid. Abstaining: Morgan. REPORTS CITY MANAGER BOURCIER reported receipt of a request from the Chamber of Commerce for a no -fee rental permit for the Community Building on July 23 and for permission to serve alcoholic beverages at the Retirement Dinner of Edith Hughes. Moved by Pinson, seconded by Camacho, in favor of the request. Carried by unanimous vote. CITY MANAGER BOURCIER reported we have received word from the State of California that our official population is 44,237; he requested Council direct the City Manager to have the State certify this number. Moved by Reid, seconded by Pinson, in favor of the City Manager's recommenda- tion. Carried by unanimous vote. CITY MANAGER BOURCIER reported Council directed staff to write the Public Utilities Commission regarding SDG&E (requested) rate increases; this is to notify Council that we have received a reply that the Commission is going to try to keep the -utility rates at a minimum level. CITY MANAGER BOURCIER reminded Council that we hope to have a dedication ceremony for our new Public Works Yard at 2:00 p.m., Friday, July 18. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said in the near future we will be setting a tax base in the City of National City and in the past we have reduced the taxes either 2C for six years and reduced last year one penny and he would like to see this happen again this year; he would like the Manager to keep a good monitor on the way this assessed evaluation comes in because he would like the Manager to advise the Council as soon as he gets a pretty good figure or something firm from the County Assessor on how the tax rate is coming in and advise Council as to whether or not we can afford a tax reduction this year. 6/24/75 riNo Corrections 86 MAYOR MORGAN spoke in regard to I-805 at Division St. saying they are grading that as if they are not going to put in sidewalks and curbs; if that is true, we are going to have to notify them that whenever they spend over $2,500 in National City they have to put in sidewalks, and curbs; if they think they are going to cut that down to two lanes in this City, the only one in the whole area...well, they are going to have a fight out of him; he would like it to be checked; do we have the back- ing of Council that we want four lanes, sidewalks and curbs so people can walk to E1 Toyon School and back and forth on that street. Moved by Reid, seconded by Pinson, the City Manager take the proper action and get this rolling and straightened out. Carried by unanimous vote. MAYOR MORGAN said our subdivision laws provide when a person subdivides in residentials he can put in a temporary sign for a year or two, but it doesn't include business and industry; he thinks it is time we change this ordinance so business and industry will be the same as residential zone; he can't see any future in the ordinance for residential subdivi- sions, but he can see a future in business and industry. Planning Director Gerschler said the Planning Commission received the memorandum on it and they set it for public hearing for July 28. Moved by Morgan seconded by Pinson, to adjourn this meeting to July 1, 1975 at 7:30 p.m. Carried by unanimous vote. The meeting adjourned at 8:45 p.m. Cit Clerk C ty of Nation 1 City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of July 1, 1975. Corrections as noted below City of National City, California 6/24/75