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Home My WebLink About1975 09-02 CC MIN135 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,, CALIFORNIA September 2, 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: Acting Asst City Manager Ballard, Bourcier, Campbell, Asst. City Planner Gunnarson, Hoff land, 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 Mayor Morgan, APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meet- ing of August 26, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation, "Proclaiming September 8, 1975 as National Cancer Day" was listed on the agenda but not presented. MAYOR' S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented by title only, Carried by unanimous vote. Resolution No. 11,8514 "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE SAN DIEGO COUNTY DIRECTOR OF PUBLIC HEALTH TO ENFORCE THE PROVISIONS OF ORDINANCE NO. 1474 RE- LATING TO AN ANNUAL INSPECTION OF FOOD ESTABLISHMENTS WITHIN THE CITY OF NATIONAL CITY." Moved by Reid, seconded by Pinson, Resolution No. 11,,851 be adopted. Carried by unanimous vote, Resolution No. 11,852, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DE- VELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. 71, to construct a four -unit apartment building at the Northwest corner of 18th Street and Rachael Avenue (W. H. Webb, Jr.])." Moved by Reid, seconded by Camacho, Resolution No. 11,852 be adopted. In answer to questions regarding parking and open space, Asst. Planning Director Gunnarson said they meet all the ordinance requirements; it will be a two-story building. There was further discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Nays: Morgan., Resolution No. 11,853, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND KAISER FOUNDATION HEALTH PLAN, INC." Moved by Camacho, seconded by Reid, Resolution No. 11,853 be adopted. Carried by unanimous vote. Resolution No. 11,854, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PRO- PERTY (Grant Deed - Engineer No. 2781, Fred & Sophie Chase)." Moved by Pinson, seconded by Reid, Resolution No. 11054 be adopted„ Car-. ried by unanimous vote, Resolution No. 11,855, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (15th Street)." Moved by Reid, seconded by Pinson, Resolution No. 11,855 be adopted. Carried by unanimous vote. 9/2/75 136 INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances for first reading be by title only. Carried by unanimous vote. Ordinance No. 9/2/75-1, "An Ordinance of the City of National City Amending Title 2, Chapter 2.01.020 (I) of the National City Munici- pal Code." (See Page 137, Paragraphs 2 and 3). Ordinance No. 9/2/75-2, "An Ordinance of the City of National City Providing for the Purchase of Supplies, Equipment and Certain Ser- vices." Ordinance No. 9/2/75-3, "An Ordinance of the City of National City, California Amending Section 1 of Ordinance No. 674 and Section 10.16.010 of the National City Municipal Code." Ordinance No. 9/2/75-4, "An Ordinance Amending National City Sign Ordinance No. 1315 to Provide for 'Iremporary, Subdivision Signs in Connection with Business and Industrial Subdivisions." REPORT OF CITY ATTORNEY - None. REPORT OF CITY CLERK City Clerk Campbell reported on the Initiative Petition filed August 22, 1975; Charles Sexton, Registrar of Voters, was appointed a Deputy City Clerk and certified the initiative petition; the petition con- sisted of 33 sections; there was a total of 715 names and of those names 501 were qualified electors of the City; as of January 3, 1975, the total number of registered voters residing within the incorpor- ated area of the City, as certified to the Secretary of State, was 7,021. City Attorney McLean said Council should accept the Clerk's certificate and direct that it be made a part of the City records. Moved by Camacho, seconded by Reid, we accept the Clerk's report and it be made part of the City's records. Carried by unanimous vote. There was discussion. City Attorney McLean said...if there are people who feel that they were induced by false representations to sign the petition, they should tell the City that fact by communicating with him; we will look into it and if there appears to be a validity to their charges, why, of course, steps will be taken. There was further discussion. REFERRAL The City Manager's report on the CHAMBER OF COMMERCE CHRISTMAS DEC- ORATIONS stating, based on the fact that the City fulfilled its intent to subsidize the purchase of the decorations over a three year period and has provided for their maintenance and storage, further contri- bution of funds for any balance owing on behalf of the Chamber of Commerce is not recommended was presented. MARION COOPER, President, National City Chamber of Commerce, 91 Shasta, Chula Vista, was present and said he had a talk with the City Manager last week; the new Cham- ber Manager told him this came up before the City Council last week and he was surprised it came up, he thought it was settled; he tried to get Mrs. Hughes to be here this evening, she is as one that ini- tially signed the contract and also she is the one/aealt with the City Manager and Council about these Christmas decorations before the Chamber went into this lawsuit on them. Mr. Cooper continued he was disturbed to read the contract (he was not an officer in the Chamber of Commerce at the time this contract was entered into); it fell on his shoulders this year because these people sued them for this money; they first sued and told them they wanted $6,000 or they wanted to take the decorations back; we didn't have the decorations, the City has the decorations; they were supposed to have been bought years ago; then he read the contract which was signed by the then Manager of the Chamber of Commerce and this contract didn't readlito buy,"but readuto rent" or °to lease;" he was disturbed by this to see that one of our people had signed this contract in error (so she said without reading it) apparently because she was misled by the people that had issued the contract; however, the thing was done and it couldn't be recalled 9/2/75 137 and it went to court and we had an attorney in the Chamber of Commerce who went to court on this; the judge said we had signed a valid con- tract and that we owed these people the money, however/c/id come to an agreement on a settlement. Mr. Cooper stated their attorney talked with City Attorney McLean before he went on this. City Attorney McLean said he had talked to him on what he thought would be an equi- table adjustment, but not involving the City. Mr. Cooper said it had nothing to do with the City;...he received a letter from the City stating that according to Resolution No. 11,824 which authorizedexe- cution of a contract between the City of National City and the Cham- ber of Commerce of the City of National City for advertising; we have a .copy of the contract dated August 5, 1975 signed by the Mayor... okayed by the City Council and it...refers to Christmas decorations $2,000; he came to see what this contract means.., City Attorney Mc- Lean said if he had known before the meeting that Mr. Cooper had that point to make he would have looked at the contract. Moved by Pinson, seconded by Camacho, the City pay the $20.900 and the City recave title to the Christmas decorations (amended motion). There was dis- cussion. Mr. Cooper said he and the present Manager of the Chamber of Commerce will personally see if the City pays for these decorations that City receives title to them. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dallas INTRODUCTION OF ORDINANCES (continued) City Attorney McLean stated he did not read one ordinance for intro- duction. Moved by Pinson, seconded by Camacho, for introduction of ordinance for first reading by title only. Carried by unanimous vote. Ordinance No. 9/2/75-1, "An Ordinance of the City of National City Amending Title 2, Chapter 2.01,020 (I) of the National City Municipal Code." PUBLIC HEARING The HEARING to amend existing zoning regulations (A-12-75) to add thereto specific provisions to ALLOW a COMMUNITY HEMO-DIALYSIS UNIT in the M-.1, Special Limited Industrial Planned Development Zone (BMA Management Co., Inc.) was held at this* time. City Clerk Campbell stated the Planning Commission recommended that a hemo-dialysis unit in the M-1, Special Limited Industrial Planned Development Zone, is a use compatible with permitted uses (typical uses) listed in the In- dustrial Land Use Policy, and that the zoning ordinance be amended to specifically allow a hemo-dialysis unit in said zone, subject to con- dition that said facility shall be maintained as a limited carebeal,th facility providing artificial kidney treatments to medically stable outpatients and the Certificate of Publication is on file. Assistant City Planning Director Gunnarson said this is an amendment to the zoning ordinance that will allow the development of a hemo-dialysis kidney treatment unit in the Southport Business and Industrial Park which is located in the E. J. Christman Business and Industrial Re- development project area; the proposed kidney treatment center will have facilities to handle 20 patients at a time; the parking is ade- quate; there is no land use conflict anticipated and the Planning Commission has recommended to amend the zoning ordinance to provide for this use. No one was present to speak in this regard. Moved by Camacho, seconded by Reid, that we amend the existing zoning regula- tions to add thereto specific provisions to allow a community hemo-. dialysis unit inthe M-1, Special Limited Industrial Planned Develop ment Zone including use limitations related thereto and the ublic hearing be closed. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Directoris request for ratification of PAYMENT OF BILLS in the amount of $46,990,09 (Warrant Register No. 9, Warrants Nos« 52244 through 52294) was presented. Moved by Pinson, seconded by Camacho, the bills be ratified. Carried, by the fol- lowing vote, to -wit: Ayes: Camacho, Da11a, Pinson, Reid, Morgan. Nays: None 9/2/75 138 City Manager Bourcier recommended the FINAL 1975-76 BUDGET be adopted. Moved by Camacho, seconded by Reid, it be adopted. Carried by unani- mous vote. The STREET TREE AND PARKWAY COMMITTEE minutes of their August 21, 1975 meeting and request of Secretary to the Committee for ratification of Committee action for removal of trees at 2120 Melrose, 502 "M" Avenue, 841 E. 28 Street, and 1024 E. 4 Street were presented. Moved by Pinson, seconded by Reid, in favor of the Street Tree and Parkway Committee's action. Carried by unanimous vote. The Director of Public Works' recommendation to purchase a MOBILE STREET SWEEPER for a total cost of $33,708 from Nixon-Elgi Co., lowest competitive bid received by San Diego County and specifications identi- cal to National City's, was presented. Moved by Camacho, seconded by Reid, in favor of the Director of Public Works' recommendation. Carried by unanimous vote. City Clerk Campbell stated the Weed Abatement report and account has been received and recommended the WEED ABATEMENT ASSESSMENT HEARING be scheduled for September 16, 1975 at 7:45 p.m. in the City Council Cham- bers was presented. Moved by Pinson, seconded by Camacho, to set the hearing for September 16, 1975. It was requested that the Fire Marshal contact CALTRANS and tell them that they have a fire hazard on all the freeways in the City of National City and ask them to clean them up. City Manager Bourcier said he would have this checked. Carried by unanimous vote. CONSENT CALENDAR 18. Notice of Hearing on Application No. 55527 for a revised tariff for SG-1 Private Branch Exchange Service before the Public Utili- ties Commission (Pacific Telephone and Telegraph Company); 19. Communication from San Diego Transit Corporation Commenting on Application No. 55856 in regard to request of San Diego Economy Line, Inc. for an alternate bus route. Ordered filed by unanimous vote. WRITTEN COMMUNICATIONS Communication from President, South Bay Cities Council NAVY LEAGUE requesting permission to serve alcoholic beverages at a social hour prior to the Miss Navy Contest dinner was presented. Moved by Reid, seconded by Camacho, it 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 was listed on the agenda. It was stated no Bulletin had been received. A Request of the Show Chairman, SOUTH BAY HISTORICAL SOCIETY for per- mission to erect a directional sign for the Antique Show and Sale from September 5 through September 7 was presented. Moved by Camacho, sec- onded by Reid, it be approved. Carried by unanimous vote. A Communication from Director, SOUTH BAY PLAYERS requesting approval of specific dates and times to use Kimball Hall for rehearsals and six per- formances was presented. Moved by Dalla, seconded by Camacho, this be referred to staff. Carried by unanimous vote. REPORTS City Manager Bourcier - None. A Planning Department transmittal stating the Planning Commission rec- ommended approval of conditional use permit authorizing a single story addition to be located 12' from the rear property line at 2626 East Second Street, subject to said addition complying with all applicable provisions of the Uniform Building Code was presented. Assistant City Planning Director Gunnarson recommended Council file this report and 9/2/75 139 schedule this case for September 23 before •the City Council. Ordered filed by unanimous vote. Assistant City Planning Director Gunnarson reported (for information only) at the last Planning Commission meeting the closing of 15 Street east of Lanoitan Avenue was considered; he wanted to explain that the area that the Planning Commission is considering for closing is the unimproved portion of 15 Street, east of the intersection of 15 Street with 14 Street and it is in a canyon area behind Palmer Way School; there is no existing street there now. ORAL COMMUNICATIONS ( Continued) DUANE THOMPSON, 1381 Third Avenue, Chula Vista, was present and said in May Mr. Savala, Mr. Patterson and I applied for a zone change on a lot on "T" Avenue east of 805 and west of "T" Avenue between 4th and 7 Street; none of them were able to be present for the Council's considering this; and then on August 12 the Council amended the General Plan in this area. Mr. Thompson quoted from the August 12 meeting minutes, "Planning Director Gerschler said recent action of the Plan- ning Commission denying a zone change required that Council now make the General Plan conform to the zoning;" they were wondering if there was a misunderstanding here because the Planning Commission didn't deny the zone change, it was the Council. Mr. Thompson said they would like to ask if the Council would reinitiate a rehearing for the zone change so they won't have to pay another $150 for another zone change application. There was discussion. Mayor Morgan suggested they come and talk with the staff, attorney, or someone and get something down in writing where Council can look at it and see what exactly it is. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said it is quite disturbing that the governments are hurting the businessman so much; this one item is the vapor recovery system for fuel stations/service stations; they are forcing people to put anywhere from $12-30,000 units into a service station to have this vapor recovery; there is 140 tax on every gallon of gas that you pump into your car and 70 goes to the State and 70 goes to the Federal Gov- ernment; what they have done, instead of building freeways with this 140 now...now it is being funneled into mass transit; so, mass transit is supposed to eliminate automobiles and by eliminating automobiles, they will eliminate service stations; we can look around the City of National City and see that a lot of them have been eliminated; 10 or 15 of them in National City he knows of in the recent months; what this is doing is that man that is pumping that gas is trying to make a liv- ing out there pumping gas and this Federal and State government is forcing him to cut his own throat; in other words, every time he pumps a gallon of gas he is collecting 140 to put himself out of business because we're trying to get rid of cars; this is ridiculous to...a man cut his own livelihood; we had the same situation with the taxi -cab companies, Diamond Cab, Yellow Cab, any of these cab companies are still paying 140 and that 140 is going into mass transit so that you can eli- minate the taxi -cab so that you can put buses on the streets and that's forcing those people out of business; the main reason he is bringing this up is the ridiculous situation that the County has found themselves in, they have said you have to have this particular type of recovery system; the Federal Government says you have to have "this" type; so, they are at a stalemate right now and there are hundreds and thousands of automobiles out here that can't get gas with...through the system that the County says you have to have so they call the APCD which is the County and say where am I supposed to get gas, the guy can't pump it into my car with that stupid system you have; they say we don't like to refer you to an illegal station but you have to go to this particu- lar type station which is highly illegal because they won't comply with our rules to get gas for your automobile. Mayor Morgan said he has told (Assemblyman) Deddeh and (Congressman) Van Deerlin...all of them, they have too many laws; he would rather pay those guys up there not to change the laws; there are so many laws now we can't even wade through them; the laws are weighing this nation. down; San Diego County 9/2/75 140 has almost a depression on its hands; 10-15% of the people are unem-. ployed and there is no business having that many people unemployed in this County whenever you have so many laws you can't do anything. Councilman Pinson said but that is a good example of what bureaucracy does. MAYOR MORGAN said we have a man that has 120 acres of land east of San Miguel and Sweetwater Road at the bridge that goes from San Miguel over to §yeetwater; it is just east of Sunnyside Steak House, where it used to/Sunnyside Steak House, it is down now; this gentleman wants us as the City of National City to accept a deed to his property and we might go to the Federal Government and get a green belt...all he is requesting on this deed is $300-400,000; he will take $500,000 of his money and build a golf course there; the golf course will be the City of National City's; he will pay rent on it for 25 years and then he has no more strings on it, but he wants a lease for 25 years where he can operate a golf course; it will be a full6ifledged champion golf course; if we can come up with the $300 or $400,000 to put in it, we can get 120 acres with nothing; he wants to deed it to us where we can do it; it sounds like a heck of...is there any green -belt money that we could get on this or any money we could come up with? he doesn't know if this would qualify for Revenue Sharing or any other monies that we have; could we come up with $300-400,000 and have a golf course that is ours and the man will pay rent on it and he will spend at least $500,000 on it and it's the City of National City's. Vice Mayor Dalla said we used all the money buying up park land. Moved by Pinson, seconded by Camacho, refer it to the Manager and see if he can't find some money. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:10 p.m. City Cl City of Natiog ii4 i rni By: g Deputy The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 16, 1975. [2(/ No corrections 0 Corrections as noted below y r City of National City, California