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HomeMy WebLinkAbout1975 08-05 CC MIN107 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 5, 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, Reid, Morgan. Absent: Pinson. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland McCabe, McLean. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with the pledge of allegiance to the flag led by City Manager Bourcier followed with invocation by the Rev. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Reid, seconded by Camacho, the minutes of the regular meeting of July 22, 1975 be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS - None MAYOR'S APPOINTMENTS - None ORAL COMMUNICATIONS - None ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the reading of the resolutions be by title only. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,823, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW, INCORPORATED, FOR ADVERTISING," was presented. Moved by Reid, seconded by Camacho, Resolu- tion No. 11,823 be adopted. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,824, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF NATIONAL CITY AND NATIONAL CITY CHAMBER OF COMMERCE FOR ADVERTISING," was presented. Moved by Reid, seconded by Camacho, Resolu- tion No. 11,824 be adopted. In answer to the question about the amount, City Manager Bourcier said it was less than last year. Carried by unani- mous vote. Absent: Pinson. Resolution No. 11,825, "Resolution Granting A Residential Planned Develop- ment Permit Pursuant To Ordinance 1077 (No. 70, to construct one two-story frame and stucco duplex at 2041 East 5 Street, San Diego County, Assessor's Parcel No. 557-060-15)," was listed on the agenda but was not presented. RESOLUTION NO. 11,826, "RESOLUTION APPROVING TENTATIVE PARCEL MAP (LOT SPLIT) ON PROPERTY LOCATED AT 2822 EAST 15TH STREET AND 2811 EAST 16TH STREET (Chase & Cook)," was presented. Moved by Reid, seconded by Camachq Resolution No. 11,826 be adopted. EVERETT DICKSON, 2745 East 14 St., was present and inquired if Mr. Chase would be able to build there, saying he had spent a lot of money developing his plans. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,827, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND CITY OF TECATE, BAJA CALIFORNIA, MEXICO, PROVIDING FOR THE DISMANTLEMENT OF NATIONAL CITY'S OLD PUBLIC WORKS BUILD- ING," was presented. Moved by Camacho, seconded by Reid, Resolution No. 11,827 be adopted. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,828, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS FROM REVENUE SHARING TO MEET NECESSARY REQUIREMENTS," was presented. The City 8/5/75 108 Treasurer/Director of Finance recommended $200 be transferred from Reve- nue Sharing Fund #22, unappropriated balance to Miscellaneous expendtures to cover the publication of notices in the newspaper (legal requirement). Moved by Reid, seconded by Camacho, Resolution No. 11,828 be adopted. Carried by unanimous vote. Absent: Pinson INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Dalla, the ordinances be presented for first reading by title only. Carried by unanimous vote. Absent: Pinson. The titles were read: Ordinance No. 8/5/75-1, "An Ordinance of the City of National City, Cali- fornia, Establishing Requirements for an Annual Permit to Operate Public Swimming Pool, Providing a Fee Therefor, and Providing Penalties for the Violation Thereof." Ordinance No. 8/5/75-2, "An Ordinance of the City of National City, Cali- fornia, Establishing Requirements for a Permit to Install, Construct, Reconstruct, Repair, or Alter any Subsurface Sewage Disposal System, Providing a Fee Thereof, and Repealing All Other Ordinances and Parts of Ordinances in Conflict Therewith." ADOPTION OF ORDINANCES Moved by Camacho, seconded by Dalla, the ordinances be presented for sec- ond reading and adoption by title only. Carried by unanimous vote. Absent: Pinson. The title was read: ORDINANCE NO. 1476 (W142/44-1), "AN ORDINANCE AMENDING ORDINANCE NO. 828 TO PROVIDE FOR A PUBLIC POUND AND REPEALING ORDINANCE NO. 1063," Moved by Dalla, seconded by Reid, Ordinance No. 1476 (4/42/44-1) be adopted. Carried by unanimous vote. Absent: Pinson. REPORT OF CITY ATTORNEY City Attorney McLean said he distributed copies of the brief filed on be- half of National City in pursuit of the Bonita Center Project; the matters that are dealt with in the brief are difficult; Mr. Cowett was present to review and outline the contents. MR. COWETT explained the categories irtio which the brief was divided; and outlined some of the major issue; prior Court Cases and arguments contained therein. There was discussion. In answer to the question of when the Court would schedule the trial, City Attorney McLean said that based on the fact that the plaintiffs have fifteen days to file a response, the fact that the Court of Appeals would want time to read the briefs and make independent research, they could be ready to set the case for argument after a thirty day period. .this is based on his past experience...and the case could be heard towards the end of September; after that the court makes its decision; the case is factually complicated and significant...the Courts in California handle such matters in an expeditious manner. PUBLIC HEARING The HEARING on APPEAL of the Planning Commission's recommendation ofDENIAL of approval of site development plan for construction of seventeen apart- ment units at 315 East 30 Street (EDWARD CORREA) was called at this time. City Attorney McLean said he had spoken to the attorneys representing the property owner and, with their concurrence, would recommend the matter be continued for one week. Moved by Camacho, seconded by Reid, in favor of the City Attorney's recommendation (continue to 7:45 p.m., August 12, 197; City Council Chambers.) Carried by unanimous vote. Absent: Pinson NEW BUSINESS The CLAIM FOR DAMAGES of RUSSELL DEAN HILL, letter of explanation of acci- dent, copy of repair bill, photograph and the City Manager's recommenddion 8/5/75 109 the claim be denied and referred to the City's insurance carrier were presented. The City Attorney recommended the claim be denied and re- ferred to the City Attorney and the insurance carrier. Moved by Reid, seconded by Camacho, in favor of the City Attorney's recommendation. Carried by unanimous. vote. Absent: Pinson. The CLAIM FOR DAMAGES, APPLICATION TO PRESENT CLAIM UNDER SEC. 911.4 OF THE GOVERNMENT CODE BY CLAIMANT, DECLARATION OF J. MICHAEL MC DADE IN SUPPORT OF APPLICATION TO FRESENT CLAIM UNDER SEC, 911.4 OF THE GOVERN- MENT CODE for claimant EVA DEANNA HRICA and the City Manager's recommera. tion the claim and applications be denied and referred to the City's insurance carrier were presented. The City Attorney• recommended the applications and claim be denied and referred to the City Attorney and insurance carrier. Moved by Camacho, seconded by Reid, in favor of the City Attorney's recommendation. Carried by unanimous vote. Absent: Pinson. The City Treasurer/Finance Director's request for RATIFICATION of Payment of Bills (Warrant Register No. 4, Warrants 51856 through 51959) and Pay- roll for the period July 1 through 15, 1975, was presented. Moved by Camacho, seconded by Reid, the warrants and payroll be paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. The City Treasurer/Finance Director's request for RATIFICATION of Payment of Bills (Warrant Register No. 5, Warrants 51960 through 52021) was pre- sented. Moved by Reid, seconded by Camacho, Warrant Register No. 5 be paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. The request of SOUTH BAY PLAYERS (Associated Community Theatres) to use the Community Building Sept. 17 and 19 from 7:30 to lO:OO pnnSept. 21 from 2:00 to 5:00 pm, Nov. 14, 15, 21, 22, 28 and 29 from 6: 30 to 11; 00 pm and the recommendation of the Director of Building and Housing that if the request is granted by the City Council, it should be stipulated that (1) the City Council policy shall be strictly adhered to, (2) unspecified use shall in no way interfere with scheduled building occupants, (3) any damage or clean up shall be paid for by the organization, and (4) kitchen facilities shall be used for food preparation only were presented. Mrs. Clayborn of the South Bay Players was present and asked that the custodial fees be waived; they have been using the building for five years and have always left the building cleaner than they found it. City Manager Bourcier said his recommendation on the agenda did not include the organization paying the custodial fees; it was that Council continue the practice of allowing the organization to use the building free. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. Absent: Pinson. The Director of Public Works' recommendation of approval to go to bid on SIX POLICE PATROL VEHICLES and ONE STREET SWEEPER was presented. Moved by Reid, seconded by Camacho, the recommendation be approved. In answer to the question of who establishes the specifications for the vehicles, City Manager Bourcier stated Council has directed staff to get together with the local car dealers; in the past specifications have been estab- lished by the head of maintenance and the Police Chief. Carried by unanimous vote. Absent: Pinson. The City Engineer/Director of Public Works' recommendation the installa- tion of TRAFFIC SIGNALS at DIVISION AND HIGHLAND (Spec. 811) be accepted and a NOTICE OF COMPLETION be filed was presented. Moved by Camacho, seconded by Reid, in favor of the City Engineer/Director of Public Works' recommendation. Carried by unanimous vote. Absent: Pinson The NOTICE OF INTENT BY COUNTY to assume the responsibilities of the ECONOMIC OPPORTUNITY COMMISSION by forming a COMMUNITY ACTION AGENCY (the City has thirty days in which to respond --no will be assumed to signify approval) p no response within thirty day mendation the matter be referredtohim for analysisandity Manager's recom- mendation the August 12 meeting were presented. recommendation to have the Manager check with National City memberrsnofathde he C. Mo would like by Reid, seconded by Camacho, this be laid over for one week. Thereved was 8/5/75 110 discussion as to the reason why the County wants to take this over. The City Manager said the County is the lead agency now but the cities have members. Carried by unanimous vote. Absent: Pinson. CONSENT CALENDAR A memo from the City Clerk transmitting (1) a certified copy of Ordinance 1471 previously recorded with the County Recorder and a copy of the adopted and recorded REDEVELOPMENT PLAN and (2) a statement recorded pur- suant to Sec. 33373 of the Health and Safety Code (Ref: Tax Fund Rate for Areas 06008, 06021 and 06028); and NOTICE OF FILING OF AMENDMENT TO APPLICATION (San Deigo Gas & Electric Co. for authority to increase its fuel cost adjustment billing factor for Electric Service to offset in- creased fuel costs resulting from Decisions Nos. 84512 and 84575 before the Public Utilities Commission) were presented. Ordered filed by unani- mous vote. Absent: Pinson. WRITTEN COMMUNICATIONS The request of SAFEWAY STORES, INCORPORATED, for approval of installation of sewer-exem meters on the condenser water lines serving cooling towers (an integral part of their refrigeration equipment system) at their ex- pense, which meters shall be separately read in conjunction with existing meters, 85% of which consumption shall not be used in the determination of the periodic sewage fee (only 15% of the water used in cooling towers is discharged into sewage system, the balance is discharged into the at- mosphere through evaporation) was presented. Ordered filed by unanimous vote. Absent: Pinson. There was discussion during which it was pointed out that a large portion of water used by everyone is for maintenance of lawns, flowers, trees, water which is not emptied into the sewer system, yet these people pay a sewer fee based on their total consumption of water. The request of NATIONAL CITY COMMUNITY RODEO ASSOCIATION, INC., for per- mission to sell BEER at two booths within HART FIELD Saturday, Sept. 20 from 12:00 noon to 12:30 a.m. and Sunday, Sept. 21 from 10:00 a.m. to 9:00 p.m., Security Police to be provided as required (net proceeds to be donated to youth organizations of the City) was presented. Moved by Camacho, seconded by Dalla, in favor of the National City Community Rodeo Association's request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson, The request of NATIONAL CITY CHAMBER OF COMMERCE for WAIVER OF RENTAL FEES for the use of the Community Building for SALUTE TO NAVY WEEK activities Sept. 29 (large hall and kitchen from 7:00 to 9:00 p.m.) and Oct. 25 (large hall from 8:00 to 12:00 p.m.) was presented. Moved by Reid, sec- onded by Camacho, the request of the Chamber of Commerce be granted. Carried by unanimous vote. Absent: Pinson. The request for reconsideration of Council's denial of deferral of instal- lation of gutter at 1016 Helen Circle by MARTIN O. and PAZ B. AGUSTINES was presented. Moved by Camacho, seconded by Reid, the deferral of in- stallation of gutter be granted. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Absent: Pinson. Mayor Morgan's recommendations in regard to the proposed SENIOR CITIZEN HIGH RISE BUILDING PROJECT (a. City -owned property east of D Ave. be- tween 12th and 15th Streets be considered for the project and b. the City Attorney be directed to prepare an ordinance creating a COMMUNITY DEVELOPMENT COMMISSION to function as a Redevelopment Agency and as a Housing Authority) were presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendation. There was discussion. Carried by unanimous vote. Absent: Pinson. LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN was listed on the agenda. None was presented. REPORTS City Manager - None. 8/5/75 111 The Planning Commission recommendation that TENTATIVE PARCEL MAP for 1212 and 1220 National Avenue (which is consistent with the General Plan) be approved subject to two conditions (Parcel 1, site of San Diego Auto Wholesalers, used car sales and auto repair, Parcel 2, site of Abbott Laboratories) was presented. Planning Director Gerschler stated the plans have not been cleared by the Environmental Impact Committee and should be held over. Moved by Camacho, seconded by Reid, this be held over to the next regular meeting. Carried by unanimous vote. Absent: Pinson. The City Treasurer/Finance Director's FINANCIAL STATEMENT for the month ending June 30, 1975, was presented. Ordered filed by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO thanked Council for turning over the old Public Works Building to the City of Tecate. COUNCILMAN DALLA inquired about the recommendation (in regard to the pro- posed Senior Citizen High Rise Building Project) that an ordinance be prepared creating a Community Development Commission to function as a redevelopment agency and as a housing authority, asking if there would be any complications if at some time in the future we decide to operate, or perform, the functions of a housing authority on a regional basis. Both City Manager Bourcier and Mayor Morgan assured him there would be no problem; the ordinance could be changed if necessary. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 8:16 p.m. City t lerk City of National City, California 6/ No Corrections ED Corrections as noted below The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of August 12, 1975. May City of National City, California