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HomeMy WebLinkAbout1975 09-23 CC MIN150 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY, CALIFORNIA SEPTEMBER 23, 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, Dalia, Pinson, Reid, Morgan. Absent: None. Administrative officials present:' Bourcier, Gerschler, Hoffland, McCabe, McLean, Acting Deputy City Clekk Schmock. 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. Ben George, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Camacho, the minutes of the regular meeting of September 16, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation "NAVY BICENTENNIAL WEEKS," October 1-13, 1975 was presented. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan commended the Navy men and women for the good work they have done. The Mayor's proposed proclamation "MEMBERSHIP ENROLLMENT MONTH," October, 1975 was presented. Moved by Reid, seconded by Pinson, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mrs. Richard Bailey, Chairman, Parent Teachers Assoc., Ninth District. The Mayor's proposed proclamation "NATIONAL FIRE PREVENTION WEEK," October 5-11, 1975 was presented. Moved by Pinson, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the prolamation to Fire Marshal William Wright, National City Fire Department. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS JOHN WILKINSON, 1628 East 11 St., was present and said he would like to present a petition to the City Council through the City Attorney (Protesting objections to granting of a full on -sale alcoholic beverage license to the establishment to be located at 1539 Plaza Boulevard [Boll Weevill.); it pertains to a matter that the voters in this particular area believe is coming up the 7th of October; he would like copies to be distributed to each of the City Council members. FRANK CHENELLE, 3025 Plaza Boulevard, was present representing the State organization bf PORAC (Police officers Research Association of California), and said the problem has not diminished since the last City Manager and Assistant City Manager in that whenever the League of California Cities sends a letter, it continues to get a rubber stamp "okay" from City Councils with letters sent to appropriate legislators in Sacramento;, and asked that an act such as AB 700 (Fenton --Police Officer's Tenure Act with special treatment for peace officers) be researched; it is not completely true the way it is written by the League of California Cities; "substantial and vested rights" are beautiful words when they are put down by the 9/23/75 151 League of California Cities; they are written in such a manner as a scare tactic, or advise you to oppose these things immediately; this act does not even pertain to the City of National City; it does not pertain to 90% of the cities and counties in the State of California; we tried to get this act through a couple of years ago and it is on the Governor's desk today; he asks that the Manager and Assistant Manager look at the problems throughout the State; if this Council is not affected by it don't vote, don't send letters to the Governor, read and check to see who is affected and what the problem really is; AB 700 is needed legislation; it creates reason- able rules and regulations and penalties; no penalty can be administered without a hearing first; service of written charges, notice of an officer's right of hearing, and hearing must be held unless waived by the officer; this is allowed in this City; it is allowed under Civil Service Rules in many cities and under other rules other than City Civil Service in the State; he thinks the League of California Cities has misled the City of National City's Council in asking that Council write letters pertaining to peace officers tenure and special treatment for peace officers; he asks that the City Manager and Assistant City Manager read the bill; find out (1) if it affects this City, and (2) if it does affect the City, is it good or bad, not whether the League says it is good or bad. MRS. ANNIE CAMACHO, 1937 "A" Avenue, was present and said she is working with the South Bay Historical Society and SOHO to conduct a tour October 4, 1975 of National City's historical buildings; AS of yet, the South Bay Depot Restaurant has not been open but she has been working with them; she would like the tour to be a success and since the Kimball building is also important in the tour, she hopes the VFW and Council will come to a decision tonight. PUBLIC HEARING The HEARING to consider AMENDMENTS to the official ZONING MAP to (1) rezone from TC-PD to R-1 the properties within the block located between llth and 12th Streets and between "R" Avenue and I-805; and (2) to rezone from R-4 to R-1 the properties within the blocks located between loth and 12th Streets and between Palm Avenue and "R" Avenue; also properties east of "R" Avenue between 9th and llth Streets (ZC-4-75) was held at this time. Acting Deputy City Clerk Schmock stated the Planning Commission has recommended approval of the zone change and initiation of a General Plan amendment; the Certificate of Publication and Affidavit of Mailing Notice of Hearing are on file. Planning Director Gerschler stated the Council has received the staff report and transmittal of the Planning Commission's case which includes all of the history of the case to date; the Planning Commission, after conducting a survey of the area and after having a public hearing, is recommending that the 62 parcels be reclassified to zone R-1. JOHN WILKINSON, 1628 East 11 Street, was present and said he would like to strongly recommend this area be rezoned to R-1; he has been a long time in fighting the apartments surrounding them, closing them in with what little they have left in this particular residential area; an R-1 zone, they believe, will put them back to where they belong before they gave the Plaza Boulevard deal to the City. In answer to the question if there are apartments in these three particular areas for rezoning, Planning Director Gerschler said all the residences are single family. Moved by Pinson, seconded by Dalia, the public hearing be closed and we rezone this area recommended by the Plan- ning Commission to R-1, we recommend that we have a General Plan amendment, and we follow the Planning Commission recommendations. There was discussion and it was suggested Council develop some type of workable program for housing rehabilitation; and possibly have site review of these particular areas. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. 9/23/75 152 Resolution No. 11,859, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE SOUTH BAY CITIES COUNCIL OF NAVY LEAGUE." Moved by Camacho, seconded by Reid, Resolution No. 11859 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Resolution No. 11,860, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF SIDEWALK AT 435 'L'AVENUE (County Assessor's Parcel No. 557-011-04 - Quichoc ho;'Ioved by Reid, seconded by Pinson, Resolution No. 11,860 be adopted. Carried by unanimous vote. Resolution No. 11,861, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF 25' LENGTH OF SIDEWALK AT 2040 EAST FIFTH STREET (County Assessor's Parcel No. 557-060-31 - Robert J. Mahy)." Moved by Pinson, seconded by Reid, Resolution No. 11,861 be adopted. Carried by unanimous vote. Resolution No. 11,862, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 'J' AVENUE LOCATED BETWEEN THE SOUTH- ERLY LINE OF DIVISION STREET AND THE NORTHERLY LINE OF MELROSE STREET." Moved by Reid, seconded by Camacho, Resolution No. 11,862 be adopted. Carried by unanimous vote. Resolution No. 11,863, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZE.S THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY CHAMBER OF COMMERCE." City Attorney McLean read the resolution in full. Moved by Camacho, seconded by Dalla, Resolution No. 11063 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Resolution No. 11,864, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON DECEMBER 9, 1975, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A MEASURE RELATING TO THE ADOPTION OF AN ORDINANCE WHICH WOULD REPEAL THE APPROVAL OF THE REDEVELOPMENT PLAN FOR THE BONITA CENTER REDEVELOPMENT PROJECT AS THE SAME IS SET FORTH IN ORDINANCE NO. 1438." City Attorney McLean stated Councilman Pinson had directed him to prepare this resolution for presentation, and read the resolution in full. Moved by Pinson, seconded by Camacho, Resolution No. 11,864 be adopted. Councilman Pinson said because of the interest that has been generated in this, he asked the City Attorney to prepare this resolution; he believes the people of the City of National City will support the Council's actions in the May Co. development in the Bonita Center; if he is right, then there is no harm in having this placed on the ballot; if he is wrong, then we need to know what the citizens of National City think about something like this. Vice Mayor Dalla said as the Council votes, where there is a petition to get this on the ballot, and if this petition is successful it will be on the ballot in March; he doesn't know or see the justification for having a special election, which isn't free, in December when there is going to be an election in March (1976); if the Council would like to put this on the ballot on its own, then by all means put it on the ballot in March. City Manager Bourcier stated there are funds budgeted for a special election. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. ADOPTION OF ORDINANCE Moved by Camacho, seconded by Reid, this ordinance be read for second reading by title only. Carried by unanimous vote. 14 Ordinance No. (9/16/74-1), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATI ONAL CITY, TO ALLOW A COMMUNITY HEMO-DIALYSIS UNIT IN THE M-1, SPECIAL LIMITED INDUSTRI- AL PLANNED DEVELOPMENT ZONE." Moved by Camacho, seconded by Reid, Ordinance No. I4 9,46/45-1) be adopted. Carried by unanimous vote. REPORT OF CITY AT •R, Y - None. 9/23/75 153 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF BILLS in the amount of $30,070.34 (Warrant Register Not 12, warrants nos. 52429 through 52471) was presented. Moved by Camacho, seconded by Pinson, it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Communication from Director of Engineering and Public Works stating the TRAFFIC SIGNALS at 35th St. and National Ave., Spec. 791, have been completed and requested (a) approval of CHANGE ORDER NO. 1 (extension of completion time), (b) acceptance of contract as complete, and (c) NOTICE OF COMPLETION be filed was presented. Moved by Pinson, seconded by Reid, for the approval of (a), (b), and (c) on Item 11. Carried by unanimous vote. Communication from Director of Engineering and Public Works requesting approval to advertise for SEWER CONSTRUCTION and replace- ment along 9TH STREET east of Paradise Drive was presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by unanimous vote. Recommendations of the TRAFFIC SAFETY COMMITTEE from their September 10, 1975 meeting were presented: A. Ratify installation of stop sign at 'T' intersection of Drexel and Cervantes Streets; B. Fifteen minute parking zone at 2822 East 18 St. be changed to a thirty minute zone; C. Red curb at 3131 Valley Rd., Bonita Paradise Mobile Home Club, be granted along Calle Abajo, 35' north of Valley Rd.; D. Park road in front of Kimball Recreation Building be posted at 5 miles per hour; E. Ratify bus stop at 8 St. and "A" Ave. be moved to northeast corner of 8 St. and National Ave., and parking be restored on 8 St. and "A" Ave.; F. One parking space on the north side of 16 St., west of National Ave., be eliminated; G. Street safety light be installed at southwest corner of Division St. and Palm Ave. Moved by Pinson, seconded by Camacho, in favor of the Traffic Safety Committee's recommendations. In answer to the question is there another alternative to Item D, City Engineer Hoffland said they were asked to consider three alternatives and this was the better of the three; the main problem was the large number of pe- destrians using the park crossing the road; there was some feeling that the traffic was too fast; it is posted "official vehicles only;" in the original environmental review, there was some discussion about making it a one-way street. There was discussion regarding the proposed 5 m.p.h. speed limit, accessibility to the playground area, the road not being a dedicated street (not a public road), and the possibility of closing the road. Moved by Dalla, seconded by Pinson, to amend the motion and take all of the items except Item D. Amendment to the motion carried by unanimous vote. Motion to approve all but D, carried by the following vote, to. -wit: Ayes: Dalla, Pinson, Reid, Morgan. Nays: Camacho. Moved by Pinson, seconded by Camacho, approve Item D as recommended by the Traffic Safety Committee, to stay open as 5 m.p.h. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. Mayor Morgan stated Item 14 had been deleted from the agenda (Item 14. City Manager Bourcier's recommendation to amend the Budget to create the position of Accountant and app opriate the required funds from unappropriated reserves). REPORTS CITY MANAGER BOURCIER reported receipt of a ommunication from the MAAC Project requesting the City contrib to $700 to a Christmas party this year; $700 was contributed last y ar; there is $500 9/23/75 154 specifically budgeted for the MAAC Project, plus money budgeted for miscellaneous projects, and recommended the City contribute $700 to this project. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. In answer to the question will the City receive a breakdown of the money spent, City Manager Bourcier said they stated that monies from this request will be spent on National City children and a full accounting of expenditures, in addition to a completed list of participants, will be made available. Vice Mayor Dalla stated he was opposed to this for two reasons; (1) last year they asked the City to arrange for buses and doesn't believe those buses were utilized; and (2) we are on a tight budget and have money appropreated in the amount of $500; we will have to start staying within the money budgeted sometime and the $500 is sufficient. Mayor Morgan asked City Manager Bourcier to check and see if they need buses this year. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. A Planning Department transmittal stating the Planning Commission recommended approval of application for CONDITIONAL USE PERMIT to allow a single story addition within the rear -yard setback, 12' from rear property line, at 2626 East Second St., subject to said addition complying with all applicable provisions of the Uniform Building Code (LIBERTADOR PABLO) was presented. Planning Director Gerschler stated the case seems to be consistent with the newly adopted regulations on rear yard encroachments; the Planning Commission recommends approval. Moved by Camacho, seconded by Reid, in favor of the Planning Commission's recommendation. Carried by unanimous vote. CITY MANAGER BOURCIER stated he presented a short report to the Council that the Congress of the United States is considering continuation of Federal Revenue Sharing; he recommends that National City take a strong position in support of continuation of Federal Revenue Sharing with the inclusion that as little control from Washington as possible; he feels that the local officials are in a better position to determine how the money should be spent. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Councilman Pinson asked if a letter would be written. City Manager Bourcier said he would work with the Mayor on this. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he hopes Council has reviewed and is working on his recommendation of last week where we have the citizens involved in a community council. COUNCILMAN PINSON said this may get the citizens involved in the City also; this is for the Police; he spoke with the Mayor's office, Phoenix, Arizona, and they will be mailing him a package regarding their program to reduce crime in the City of Phoenix; he will distribute this to the Council when he receives it; what it amounts to is, they have had a rash of burglaries, muggings, undesirables in the neighborhood, etc. and didn't have the manpower on the Fblice force to be out in the neighborhood keeping an eye on homes at all times during the night when these burglaries and prowlers were out; they have asked for volunteers of the City; this is still in progress and is working nicely in the City of Phoenix; they have what they call a "Night Watch" Patrol; the citizens patrol the area; they carry no sidearms, and don't even speak to a potential prowler or burgler; when they see someone in the neighborhood, and this is one of the ideas that you know your own neighborhood, and they know that man shouldn't be walking between houses in the middle of the night, all they do is either...they are radio equipped...or go to a telephone and call the Police and say there is a prowler at an address; this is their only duty; we have our (Police) Reserve Force that are out during the night and this is fine and we should continue this; he would like to see the Police force "beefed-up"; with this citizens night watch, they are not Police, they are not connected with the Police in any way except 9/23/75 155 as soon as they see someone out there that shouldn't be there, they immediately call the Police; it is just an extension of the Police force where they have an arr14and they know when you are sleeping you can't be watching for burglars or prowlers or people that mug other people that might be on their way home from work; with the increase of crime we have in National City, this would work very well; he would like Council to keep this in mind and he will get this information to Council as soon as he receives it from Phoenix. VICE MAYOR DALLA said one of our bus routes ended on 9th and "A" (off the corner of 9th and "A"), and the bus is parked there for awhile; he has gone by this area frequently and there are a number of people that catch the bus there at a time, and they are sitting on the curb or leaning up against the building or milling around; we don't have any bus benches and knows they are not provided by the San Diego Transit people; it seems this is one particular area that,a bus bench might be in order; with the Council's permission, we might have staff see about the possibility of providing such a bench. Mayor Morgan asked if they really realize the situation; most of those bus benches are cluttered with trash; we have some bad ones in National City. Vice Mayor Dalla said they might be able to take some of the bad ones that are not being used and put them in a place where they would be. Mayor Morgan asked if Mr. Dalla thought the trash would gather there. Mr. Dalla said he didn't know why. VICE MAYOR DALLA said we had a public hearing rezoning an area earlier in the meeting; thisstemmed in part from the sale of City -owned property on the corner of 10th and "R"; the City voted to sell that property and to use that money to purchase or resubmit our bid to CALTRANS for park land at Las Palmas Park; he assumes the City is going to go ahead with that sale; what he would like the Council to consider, on what he will present at another time, is that we use this money that we are going to derive from this sale; if it is not utilized for this other park land proposed, we put this money aside in a special fund and use it at a later date for other park land; we don't have money for parks and we are selling a piece of park land and we might use that money to purchase some park at a later date. MAYOR MORGAN said Planning Director Gerschler has been working on a item (peep shows) and asked if there is such a thing as placing those one-half mile or one mile apart; have an ordinance passed where you couldn't put in a peep show unless it is one-half mile or one mile from the other one; the reason for this is Oceanside is having a lot of trouble with this sort of thing; they are congregated in one place and he doesn't want this to happen in National City. Planning Director Gerschler stated he would discuss this with the City Attorney and bring a report back. MAYOR MORGAN said we have an ordinance whereby if someone spends $2,500 they have to put in curb and sidewalk; we built most of the streets in National City...he doesn't want any action tonight; maybe it is time we raise this $2,500 to $5,000 because a person can do very little work for $2,500 and the price has doubled since we started here. Planning Director Gerschler stated the new policy on Street Improvements does include the increase of the $2,500 level and the $16,000 for street paving, they both are in the same predicament; they will be making a presentation soon. MAYOR MORGAN said he knows the V.F.W. has been interested in the City making a decision and recommends to the Council...this would be referred to staff and staff recommend back to Council...of getting an appraisal; the staff should be authorized to go ahead and get an appraisal on the cost of the Kimball house and Kimball land. Moved by Morgan, seconded by Pinson, we authorize the City Mana9er to get an appraisal and see the cost and that we waive the parking for the V.F.W., that we close the west half of 9th Street between Roosevelt and National Avenue and that will be the west half to be used for public parking; these two items of waiving the parking and 9/23/75 156 the closing of the street be referred to staff to start, and if there is any question on the waiving of the parking it be referred to the City Attorney where he can work this out so that it can be waived permanently for the V.F.W. Councilman Reid said we don't have the type of money talked about; it is not here; the Manager has been truthful on it, and there is no way that we are going to get it soon; it has only been about three years we have held these people up; they bought that for one purpose for their club, their people, their convenience, their money. Moved by Reid, seconded by Dalla, we give them permission to either move that or get it torn down and go ahead and complete their parking lot. Amendment to the motion failed by the following vote, to -wit: Ayes: Dalla, Reid. Nays: Camacho, Pinson, Morgan. Original motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. MAYOR MORGAN said we have applications and have advertised for an Assistant Director of the Redevelopment Agency; people have made inquiries about this job; Mr. Peterson (Redevelopment Agency Director) has been working on it and he (the Mayor) has looked over the list; what Mr. Peterson would like to do, this is a question for the City Attorney...can we call an Executive Session any time Council wants to, or do we have to call an Executive Session with a regular meeting; how de s that work. City Attorney McLean said he would prefer to have an Executive Session called from a regular meeting, but as far as he is concerned you don't have to do that; if you want to have an Executive Session, for instance next Wednesday at 2:00 p.m., call now, in a public meeting, that you are going to have an ExecutiVe Session; he would prefer the Mayor did it that way... Mayor Morgan said they would have a meeting at noon next Tuesday. City Attorney McLean said at the regular Redevelopment Agency...you can adjourn from there to an Executive Session in which the public will not be able to attend. Mayor Morgan said he would like to recommend to the Agency, the Council as the Agency, that we recommend that Mr. Peterson will have this worked out and he will make a recommendation we can adjourn this (Sept.) 30th meeting to sometime a week from the Monday sometime during the day that will be convenient for the people for interviews; they can adjourn this meeting to that time...we come in here and then we will adjourn to an Executive Session; we can keep this Executive Session all day if we have to. Moved by Camacho, seconded by Reid, the meeting be adjourned to 12:00 noon, Tuesday, September 30, 1975. Carried by unanimous vote. The meeting adjourned at' 8:21 p.m. City Cle City f ation Ct C inia By: The foregoing minutes were approved by theAek y of the City of N ional City at the regular meeting of October 7, 1975. No corrections 1 1 Corrections as noted below Mayor City of National City, California 9/23/75 - ."