HomeMy WebLinkAbout1975 10-28 CC MIN175
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
October 28, 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,
Gunnarson, Hoffland, McCabe, McLean, Acting Deputy City Clerk Schmock.
PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION
The meeting was opened with the pledge of allegiance to the flag led
by Asst. City Mgr. McCabe followed with invocation by the Rev.
William Ward, Paradise Valley Hospital.
APPROVAL OF MINUTES
Moved by Reid, seconded by Camacho, the minutes of the regular
meetings of October 14, 1975 and October 21? 1975 be approved. Carried
by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
The Mayor's proposed proclamation, "SOUTHERN CALIFORNIA TEEN CHALLENGE
WEEK," November 9-16, 1975 was presented. Moved by Reid, seconded by
Pinson, the proclamation be approved. Carried by unanimous vote.
Mayor Morgan presented the proclamation to Greg Acopian, Coordinator
of Drug Education and Prevention.
MAYOR'S APPOINTMENTS
The Mayor's proposed reappointment of Shirley La Rue, Louise F.
Barchus, Eva Cano, Rosa Enriquez, Mary Vaught to the Senior Citizens
Advisory Committee; Doris M. McKinney to the Civil Service Commission;
Jerry Harris, Albert A. Jerauld, Stephen Torres to the Traffic Safety
Committee; and Helen Hailing, Alternate, to the Citizens Committee for
Community Development were presented. Moved by Camacho, seconded by
Reid, the reappointments be approved. Carried by unanimous vote.
ORAL COMMUNICATIONS
HERMAN BACA, 405 So. Harbison, was present and said two weeks ago he
and his group made a request for action on the part of the Council
concerning the death of Luis Rivera and that they were denied
satisfaction on the issue; he is here tonight, after coming back from
a community meeting at St. Anthony's Hall, to reiterate and repeat
three requests made of the petition that had been passed through the
community of National City and described the petition to Council
(with over 2,000 signatures); there are a number of people...that the
Council had forced the situation by its inaction; he wanted to set
the record straight by saying there were some young people outside of
National City that have given their expressions about the situation
in National City. Mr. Baca continued the petition dealt with three
points; (1) who is the public servant that was in error, that shot the
fatal bullet that killed Luis Rivera; the public has a right to know,
the public wants to know what public servant serves them, they want
to know who the Officer is...not next week, not tomorrow, now; it has
been fourteen days and nothing has been done; (2) the immediate
suspension of the Officer and a full investigation; some people have
said they don't know if he's guilty or not; the Officer being a public
servant should be immediately suspended; (3) the formation of an
independent citizens investigation committee. Mr. Baca presented
2,000 signatures of citizens expressing concern over the handling of
this issue; before he turned the petition over, he wanted to know if
there was a Council member present willing to address himself to any
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of the three points. All Council members replied no. Mr. Baca
thanked the Council and stated he thought that would be their reaction;
the community has voted to launch a recall effort against every one of
the individuals on the Council, that is the seriousness of the concern
of the community on this issue; he thought the Council's actions have
bordered on total incompetency and total irresponsibility and accused
them of negligence of duty; he felt there had been a lack of leader-
ship by the Council in not finding solutions to the many complaints
that come before them, they pass the buck; they have voted on a
departmental policy, on the use of hand guns, and have turned over a
hundred pages of investigative material; there is no reason why you,
yourselves, cannot determine if that policy has been violated; the
last point they accuse the Council of is total insensitivity; he
wanted to officially put them on notice that there is now a recall
effort on each one of them. Mr. Baca thanked the Council very much.
JESSE RAMIREZ, 421 E. 16 St., was present and asked those individuals
accompanying them to file out quietly and return to St. Anthony's Hall.
(City Attorney McLean left Council Chambers at 7:44 p.m.)
JAMES MATHERLY, 4020 Oaklawn Ave., Chula Vista, was present and said
he thought the Council's vote in favor of retaining Lindbergh Field
was the best decision made locally in a long time and thanked the
City's (CPO) delegate, Councilman Reid. Mr. Matherly said he would
like to speak very softly and very quietly in support of the Police
Department; as someone who passes through National City many times a
week, he would like to speak in favor of law enforcement; "it's one
hell of a thing" to put this decision on a young police officer at
night in the midst of an investigation of a crime as to what he's
supposed to do to retain a criminal, or to retain a suspected
criminal; I hope you support your officer.
WILLIAM KLUMPP, 1334 E. 16 St., was present and said he would like to
remind the people that he's an American by choice; he arrived from
another country; where he came from we wouldn't do some of the stuff
that goes on here; if the people don't watch themselves, they won't
be able to do this stuff either; we have our freedom, how long I
don't know, but keep it up.
TOM RUIZ, 9375 Vista Dr., Spring Valley, President, South Bay Histori-
cal Society, was present and invited the City Council and Planning
Commission members to the GRANGER MUSIC HALL OPEN HOUSE, Sunday,
November 2, 1:30 p.m. to 5:30 p.m.
PUBLIC HEARINGS
The HEARING to consider the INTENTION to VACATE AND CLOSE A PORTION OF
"J" AVENUE located between the southerly line of Division Street and
the northerly line of Melrose Street was held at this time. Acting
Deputy City Clerk Schmock stated the Planning Commission recommended
approval of the closing; the Certificate of Publication and City
Engineer's Affidavit of Posting are on file. Asst. Planning Director
Gunnarson stated the Planning Commission is in favor of closing this
portion of "J" Ave. subject to conditions, the Council has the staff
report and they have no further comments. RICHARD MARTINEZ, 431 "J"
Ave., was present and stated he owned property next to this property
and asked if the whole street is going to be closed and be a dead-end,
or is it just a portion where his property is? Mayor Morgan stated
that the street will be closed from where the street is now to Division
St. Mr. Martinez asked if this street is going to be closed where you
turn to the left as you come down Melrose; he had heard it was going
to be the right section also. Mayor Morgan said it was to be closed
from the north along Mr. Martinez's property to Division, nothing
south. Councilman Pinson stated nothing south of Melrose was to be
closed. Mr. Martinez asked what was to become of this property. It
was stated this property would revert to Mr. Martinez, out to the
middle of the street. There was discussion. Moved by Pinson, seconded
by Reid, the hearing be closed and Melrose St., as presented, be
closed. Carried by unanimous vote.
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177
The HEARING on proposed zone change (ZC-6-75) from R-4 (multiple -
family residence) to R-1 (single-family residence) the properties
between "L" Ave. and Palm Ave., and between 4 St. and 6 St. excluding
therefrom the C-2 (Limited Commercial) zoned properties at the
southwesterly corner of 4 St. and Palm Ave. was held at this time.
Acting Deputy City Clerk Schmock stated the Certificate of Publication
and City Clerk's Affidavit of Mailing Notice of Public Hearing are
on file. Asst. City Planner Gunnarson stated this was another in a
series of down -zoning that the Planning Commission is recommending
on a stable, single-family residential neighborhood; there are no
apartment houses in this neighborhood; there are three vacant parcels;
the effect of the zone change will place R-1 zoning in an area already
subject to a one unit per lot provision under the residential density
map; the Planning Commission has recommended in favor of this change.
No one was present to speak in this regard. Moved by Pinson, seconded
by Reid, the Planning Commission recommendation be approved. Carried,
by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan, Dalla.
Nays: Reid,
The HEARING on PROPOSED ZONE CHANGE (ZC-7-75) to rezone from R-4
(multiple -family residence) to R-1 (single-family residence) the R-4
zoned properiies on the southerly side of Delta Street east of Highland
Ave. from 834 to 1146 Delta Street, and the R-4 zoned properties on
both s:des of Bucky Lane, east of Highland Ave. from 836 to 943 Bucky
Lane was held at this time. Deputy City Clerk Schmock stated the
Planning Commission recommends the zone change, the Certificate of
Publication and City Clerk's Affidavit of Mailing Notice of Public
Hearing are on file. Asst. City Planner Gunnarson stated this is a
stable single-family neighborhood; there are twenty parcels, eighteen
parcels have single family homes on them, the remaining parcels could
only be developed into single-family residential; the Planning
Commission has recommended in favor of the zone change. No one was
present to speak in this regard. Moved by Pinson, seconded by Camacho,
in favor of the Planning Commission's recommendation. 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 by
title only. Carried by unanimous vote.
Resolution No. 11,882, "RESOLUTION ACCEPTING COVENANT RUNNING WITH
THE LAND AND DIRECTING THE RECORDING THEREOF (McMillin)." Moved by
Pinson, seconded by Camacho, Resolution No. 11,882 be adopted. Carried
by unanimous vote.
Resolution No. 11,883, "RESOLUTION ACCEPTING COVEYANCE OF REAL PROPERTY
(Zinser-Furby, Inc., Engr. #2603)." Moved by Reid, seconded by Pinson,
Resolution No. 11,883 be adopted. Carried by unanimous vote.
Resolution No. 11,884, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT (Samuel P. Michetti, 405 Kenton Street)." Moved by Reid,
seconded by Dalla, Resolution No. 11,884 be adopted. Carried by
unanimous vote.
Resolution No. 11,885, "RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY FINDING AND DETERMINING THAT THE WORK OF EXCAVATION
OF THE PARADISE CREEK CHANNEL ABUTTING, AND ADJACENT TO THE
NORTHWESTERLY BOUNDARY OF THE E.J. CHRISTMAN BUSINESS & INDUSTRIAL
PARK I REDEVELOPMENT PROJECT BETWEEN 22ND STREET AND 24TH STREET
WITHIN THE CITY OF NATIONAL CITY, CALIFORNIA IS OF BENEFIT TO SAID
PROJECT AND PROJECT AREA." Moved by Camacho, seconded by Reid,
Resolution No. 11,885 be adopted. Carried by unanimous vote.
(City Attorney McLean returned to Council Chambers at 7:55 p.m.)
Resolution No. 11,886, "RESOLUTION OF AWARD OF CONTRACT (Division
Street Drain)." Moved by Reid, seconded by Pinson, Resolution No.
11,886 be adopted. Carried, by the following vote, to -wit: Ayes:
Camacho, Pinson, Reid, Morgan. Nays: Dalla.
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Resolution No. 11,887, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF NATIONAL CITY AUTHORIZING TRANSFER OF UNALLOCATED FUNDS - REVENUE
SHARING." Moved by Pinson, seconded by Camacho, Resolution No. 11,887
be adopted. Carried by unanimous vote.
Resolution No. 11,888, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF NATIONAL CITY AUTHORIZING CITY TREASURER TO MAKE TEMPORARY
TRANSFER OF FUNDS." Moved by Reid, seconded by Camacho, Resolution
No. 11,888 be adopted. Carried by unanimous vote.
Resolution No. 11,889, "RESOLUTION APPROVING FIRST AMENDMENT TO THE
FISCAL 1975-76 OPERATING AGREEMENT AS APPROVED BY NATIONAL CITY
RESOLUTION NO. 11,788 BETWEEN THE CITY OF NATIONAL CITY AND THE SAN
DIEGO TRANSIT CORPORATION." Moved by Reid, seconded by Pinson,
Resolution 11,889 be adopted. It was requested that Claude Page,
San Deigo Transit Corporation, try to add extra busses by the holidays
and to try to get moving on the November contract; National City has
overcrowded busses. Claude Page stated, that if it's the Council's
pleasure, he will make every effort to put some extra service in as
soon as January 25 and be back with Council then with another
amendment to make the proper adustment on it and the cost factor; he
may be able to lay some extra service in by the Christma rush.
Carried by unanimous vote.
INTRODUCTION OF ORDINANCE
Moved by Camacho, seconded by Reid, the Ordinance be presented by title
only. Carried by unanimous vote.
Ordinance No. 10/28/75-1, "An Ordinance of the City of National City,
California Amending Ordinance No. 1069 Relating to Sewer Service
Charges."
REPORT OF CITY ATTORNEY
CITY ATTORNEY McLEAN reported that there is a fire -damaged structure
which has been ordered cleaned up at the southwest corner of Scott and
Palm; the City has had no success in getting any voluntary cooperation
from the owner; there is a bankruptcy proceeding that may affect the
property; in the meantime, it seems reasonable to go ahead with a
crew and knock down the remaining shell of the fire -damaged building
and clean up the lot; that expense, using City forces, would be
approximately $550; due to these bankruptcy proceedings, the City
may not get its money back; the City does not want to go ahead and
use City funds without the Council's approval. Councilman Reid asked
if the City would use every means it could to get the money back.
City Attorney McLean assured him that we would. Moved by Pinson,
seconded by Reid, that we authorize the Council to knock that building
down with City crews and clean up the lot. Carried by unanimous vote.
REFERRALS
The Director of Engineering & Public Works' report on traffic safety
conditions at the intersection of Plaza Blvd. and 8 St. recommending
installation of a slow curve sign on Paradise Valley Rd. (north of
8 St.) and guard rail on the southwest corner of 8th and Plaza Blvd.
was presented. Moved by Pinson, seconded by Reid, that this item be
laid over a week so that more information and discussion can be had
on it. Carried by unanimous vote.
NEW BUSINESS
Communication from the Executive Director, National City Redevelopment
Agency, requesting the Council set a public hearing date regarding
the second -year Community Development BLOCK GRANT APPLICATION was
presented. City Mgr. Bourcier recommended the Council set the public
hearing for November 18. Moved by Camacho, seconded by Reid, in
favor of the City Manager's recommendation. Carried by unanimous vote.
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179
The City Treasurer/Finance Director's request for RATIFICATION OF
BILLS in the amount of $116,129.27 (Warrant Register #16, Warrants
Nos. 52632 through 52697) was presented. Moved by Pinson seconded
by Reid, this be ratified. Carried, by the following vote, to -wit:
Ayes: Camacho, Dalia, Pinson, Reid, Morgan. Nays: None.
The City Treasurer/Finance Director's request for RATIFICATION OF
BILLS in the amount of $163,814.50 (Warrant Register #17, Warrants
Nos. 52698 through 52750) , and PAYROLL in the amount of $58,476.61
(period 10/1-10/15/75) was presented. Moved by Pinson, seconded by
Reid, this be approved. Carried, by the following vote, to -wit:
Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None.
Recommendation of the Street Tree and Parkway Committee from the
October 16, 1975 meeting were presented: Removal of...1 Melaleuca
tree, 135 N. Lanoitan; 4 Palm trees (2 dead), 1314 E 26 St.; 1 mel-
aleuca tree, 3425 Cagle St.; 1 pepper tree, 408 E. 34 St. Moved by
Camacho, seconded by Reid, that this be ratified. There was dis-
cussion concerning the replacement of these trees,, In answer to the
question is the City going to use asphalt to repair raised sidewalks,
Director of Public Works Hoffland said if they get approval from
the property owner for the removal of a tree, they will make perm-
anent repairs with concrete; ...they are now in the process of noti-
fying property owners that if the City thinks their sidewalks are
hazardous and it appears a street tree may have caused the problem,
they are asked to fill out a questionnaire whether they want to save
the existing tree, relocate or replace the tree or whatever; the
property owner would pay the normal fee and the City pay the rest;
Engineering is presently repairing sidewalks caused by tree damage
at City cost; if a sidewalk is damaged by tree roots and the tree is
not going to be removed, it can only be repaired with asphalt.
Carried by unanimous vote.
The CLAIMS of JESUS RIVERA, MARIA A. RIVERA, WANDA RIVERA, LOURDES
RIVERA, MAYRA RIVERA, RAFAEL RIVERA, MYRA RIVERA against the City
were listed on the Agenda but not presented.
The City Clerk's Report on opening sealed bids for real property
located at the PLAZA BOULEVARD OFF -RAMP OF 1-5 stating no bids were
received; and Assistant City Manager Ballard's recommendation that
staff be authorized to enter into negotiations for disposal of the
property with interested parties; any agreements reached in such
negotiations would be subject to Council approval; and staff be
authorized to rent the presently vacant dwelling located on the pro-
perty were presented. Moved by Pinson, seconded by Camacho, to
approve the staff recommendations. Carried by unanimous vote.
CONSENT CALENDAR Item 25 was presented:
25. Interim order before the Public Utilities Commission in the
matter of Application Nos. 55627, 55628, 55629, of the San Diego
Gas & Electric Company to increase rates for electric service,
gas service, steam service. Moved by Reid, seconded by Pinson, this
be filed. Mayor Morgan said he wished they would return the gas and
electric office to National City; the removal was a blow to the City
and he hopes the time will come when they'll reopen again. In answer
to the question, will they open it again or if this is a permanent
decision, City Manager Bourcier stated he had not heard. It was
stated the San Diego Gas & Electric Company in National City handled
the water bills also and people won't be able to do that any longer.
In answer to the question, does SDG&E have the right to close an
office without PUC's approval, (PUC is also trying to close the Nat-
ional City Atchison, Topeka & Spnta Fe Railway office), City Attorney
McLean stated that different rules apply to different utilities; so
far as he knows it is not necessary to get approval to close an office,
although he hasn't checked the rules; it is a different type of util-
ity service and under a different type of regulation than the public
utilities; as far as he knows the gas company has the pwer to close
the office; the alternative is for them, or rather for people, to
petition the Public Utilities Commission for an order requiring the
opening of an office in National City on the basis that it is the only
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way to get good utility service; ifthe Public Utilities commission
were to agree with that they would order. In answer to the question,
could they petition as the Council to the PUC, City Attorney McLean
stated that they could and advised that the prospects would not be
good as the gas and electric company is suffering from a lack of earn-
ings. Carried by unanimous vote. Moved by Pinson, seconded by
Camacho, that the Council petition the PUC to order the gas and elec-
tric commuy to maintain an office in National City. There was dis-
cussion. Carried by unanimous vote, It was stated that the City
didn't have a (Pacific) telephone office, which was promised some time
ago; the closest service is 436 H St., Chula Vista.
REPORTS
CITY MANAGER BOURCIERIS REPORT - None.
The Planning Department transmittal stating the Planning Commission
has reaffirmed its recommendation of May 19, 1975 to amend CONDITIONAL
USE PERMIT NO. 1975-3 (HARRY G. STONE), 108 W. 25 St., to show counter,
pool tables, and coin operated amusement devices, as shown on sub-
mitted plan, are compatible with operation of a restaurant serving
beer and wine, within a redevelopment area was presented. Moved by
Camacho, seconded by Reid, they approve the recommendation by the
Planning Commission. There was discussion. Carried, by the following
vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Dalia. Abstain-
ing: Morgan.
A request from Arevalo and Safino of San Diego, Inc. for a 180 day
extension of the expiration date on the tentative subdivision map for
the South Bay Town & Country Shopping Center, and Planning Department
recommends the time extension to expire on May 10, 1976 be granted,
was presented. Moved by Pinson, seconded by Reid, in favor of the
recommendation. Carried by unanimous vote.
The Planning Commission Report on APPLICATION FOR CONDITIONAL USE
PERMIT NO. 1975-14 to allow conversion of residential duplex (826-
828 E 22nd St.) to nursery school classrooms to be used in conjunc-
tion with the existing Lad IN Lassie Nursery School located .at, the
southeast corner of 22nd St. and Highland Ave. was presented; and
Asst. Planning Director Gunnarson stated this case will appear on the
Nov. 18, 1975 Council agenda.
The Planning Commission Report on the APPLICATION FOR ZONE VARIANCE
NO. Z-6-75, to allow conversion of existing lawful nonconforming
apartment complex to c'ondominium at 930 "B" Ave., was presented; and
Assistant Planning Director Gunnarson stated this case will appear on
the November 18, 1975 Council agenda.
The City Treasurer -Finance Director's monthly FINANCIAL STATEMENT
ending September 30, 1975, was presented. Ordered filed by unanimous
vote.
COUNCIL COMMUNICATIONS -None.
Moved by Camacho, seconded by Reid, the meeting be closed. Carried
by unanimous vote. The meeting closed at 8:_15 p.m.
/ City C14 k
city of Nationajj y, Californa
/
The foregoing minutes were approved 'by the City Council of the City
of National City at the regular meeting of November 4, 1975.
9'
Corrections LI No corrections
„,te
L-eae
Mayor
City of National City, California
10/28/75
181
cit
THE CITY OF NATIONAL CITY
1243 NATIONAL AVENUE
NATIONAL CITY, CALIFORNIA 92050
Telephone: 477-1181 Area Code: 714
KILE MORGAN
MAYOR
October 30, 1975
NOTICE OF SPECIAL MEETING
to the City Council of
CITY OF NATIONAL CITY
NOTICE is hereby given that a Special Meeting
of the City Council of the City of National City will be
held in the Council Chambers of the Civic Center, 1243
National Avenue, National City, California at 4:30 p.m.
on Friday, the 31st day of October, 1975.
The purpose of this meeting is to call an
executive session to consider personnel matters.
Dated this 30th day of October, 1975.
KILE MORGAN
Mayor
CITY OF NATIONAL CITY
10/31/75
182
I hereby acknowledge receipt of NOTICE OF SPECIAL MEETING of the
City Council of the City of National City to be held at 4:30 p.m.,
October 31, 1975 in the City Council Clambers, 1243 National Avenue,
National Avenue, California. The purpose of this meeting is to call
an executive stssian to consider personnel matters.
KILE MORGAN
1223 "J" Avenue,
National Avenue
fn id/i7
'Zi.73/16A/1/ CVE7 A /
MICHAEL R. DALLA
1646 C Street, National
JosiP J. CAMACH
1937 A Avenue, Nationa1 City
-Le -,,k;45'-,-/
A. P/MSON
918 R.st 2nd Str
City
Date
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Date
Time
Time
LU ER G. R D
Date
t, National City Date
217 18th Street, National City
c gib SCA' IONE
San-'"Dieg?, Union
555 "H" Street, Chula Vista
LINDA CROSS
National City Star -News
1009 Plaza Blvd., National City
1,
Date
Date
Time
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Time
Time
Time
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certify
I hereby/I personally served the above named persons.
Time
10/31/75