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HomeMy WebLinkAbout1974 01-15 CC MIN21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 15, 1974 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. The Mayor welcomed the two adult government classes from Sweetwater High School and the teachers, Ms. Gove and Mr. Austin, who were present. ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Osburn followed with invocation by the Reverend Reginald Berry, First Congregational Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetin of Januar 8 and the ad'ourned meetin of Januar 8 held January 9, 1974, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS MAYOR MORGAN presented a "Key to the City" to DANIEL SAMUDIO who made the national news; he won the football kicking -throwing -punting contest at the finals at the Super Bowl game; he is an outstanding young man; his pictures were in the news and on national television. DANIEL SAMUDIO was present and said he practiced and prayed; he thanked his many friends for their help. Daniel introduced his parents. ORAL COMMUNICATIONS BERNARD L. TRAGER, 516 East 24th Street, was present as appointed representative for various veterans organizations; and stated the AMERICAN LEGION ORATORICAL CONTEST kickoff will take place at 2:00 p.m., Sunday, January 20, at the Legion Hall, 18 East 18th Street; the subject will be the Constitution of the United States and its amendments; all contestants are students at Sweetwater High School; this is a nationwide contest sponsored by the American Legion. Mr. Trager invited members of the city government and interested citizens to attend. PETER F. NIELSEN, 2425 Ridgeway Drive, was present and said his house faces a gravel or granite pit at a distace of about 300 to 600 yards; it is a playground for all the motorcycles in National City and per- haps further afield than that; this makes life miserable for him; from 3:00 p.m. until about 6:00 p.m. every day during the week, as well as Saturday and Sunday; last Saturday, he called the Police Department again; he called them three times and called their atten- tion to what is going on; there are anywhere from 4 to 6 motorcycles tearing around there almost continually; the Police seemed to think he was unreasonable to complain. Mr. Neilsen played a tape recording of the noise made at his door. Moved by Morgan, seconded by Waters, this be referred to the City Manager to check and see if these motorcycles are staying within the law. Councilman Reid requested an addition to the motion: 4th between Shell and Thelma Way where they have the same problem. Included in the motion and second. Carried by unanimous vote. 1/15/74 22 ADOPTION CP RESOLUTIONS Moved by Camacho, seconded by Reid, resolutions be presented to Council by title ona. Carried by unanimous vote. RESOLUTION NO. 11,,276, "RESOLUTION DEFEFERRING REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER AND SIDEWALK AT 1404 EARLE DRIVE (Robert T. and Maxie H. Ingle)." Moved by Reid, seconded by Camacho, Resolution No. 11,276 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,277, "RESOLUTION URGING THE CALIFORNIA COASTAL ZONE COMMISSION TO RESCIND PREVIOUS DECISION AND GRANT IMMEDIATE APPROVAL FOR FURTHER DEVELOPMENT OF THE SAN ONOFRE NUCLEAR GENERAT- ING PLANT." Moved by Waters, seconded by Reid, Resolution No,. 11,277 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,278, "RESOLUTION OF THE CITY OF NATIONAL CITY REQUESTING IMMEDIATE LEGISLATIVE ACTION TO REGULATE THE OIL IN.. DUSTRY AND TO FUND, RESEARCH AND DEVELOP ALTERNATIVE FUELS." Moved by Camacho, seconded by Reid, Resolution No. 11,278 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,279, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND CAPITAL OUTLAY ACCOUNT 3 TO REDEVELOPMENT BONITA SHOPPING CENTER ACCOUNT 28." Moved by Reid, seconded by Camacho, Resolution No. 11,279 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,280, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Palm Avenue Unit I, Specification 780 and Palm Avenue Unit II, Specification No. 781)." Moved by Reid, seconded by Camacho, Resolution No. 11:280 be adopted. City Engineer Foster said as far as he knows the complaints voiced last week will be taken care of by the contractor. Carried by unanimous vote. RESOLUTION NO. 11,281, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURE." ($3,335.00 for the City's share of the lighting system in the Christman Industrial Park.) Moved by Pinson, seconded by Camacho, Resolution No. 11,281 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for first reading b title onl . Carried by unanimous vote. Ordinance No. 1/15/74.1, tTAn Ordinance Amending Ordinance No, 962, to Allow Professional Office Buildings as a Seperate Enterprise in the C•.2-A, Special Limited Commercial Zone*" (This was approved by City Council after the hearing on 1/8/74.) Ordinance No, 1/15/74«•2, "An Ordinance of the City Council of the City of National City Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System." REPORT OF CITY ATTORNEY City Attorney McLean reported the adoption of amendments to the Business License Ordinance resulted in a unintended consequence in, that the lower application of the ordinance as amended would impose a $5 per unit tax on apartment houses regardless of their size; it was not the staff's intention to have that result occur from the amendment but rather to clarify the minimum; the Staff has cir- culated a survey conducted by the Business License Clerk reflecting the license taxes in other communities; in the past, the license 1/15/74 23 taxes have been based on gross receipts with a minimum of $15 per site. There was discussion. City Attorney McLean said he is giving Council this information together with the survey of other communities' fees so Council can tell Staff how they want this han dled. Moved by Camacho, seconded by Reid, this be held up for a week until the Attorney can clarify this and bring Council enough for Council to discuss and pass and hold this in abeyance until this is done and the final analysis be retroactive o January 1. There was further discussion regarding the former business license rates and possible new rates.. QUINT ZUEHLKE was present and said he owns the property at 1907 Highland Avenue and others around town; the $5 per unit is completely out of hand; next week will do no good, they must pay these bills or be fined; Council has to decide what they are going to do with this or no fine after the 31st; one. sixth of :the rent (receipts) goes to taxes; he can sit down and compute this for anyone here on any apartment house in town; one -sixth of one's income to taxes is excessive; unfortunately they have to run the Police Department and the City; if Council wants to go to $15 minimum and $1 an apartment, it would be fair and just; coming off the wall with $5 per unit is unreasonable considering the other things that apartment owners in this town do contribute to the community; he would like Council to decide tonight.. There was further discussion of assessments, property taxes and possible new rates for licensing apartments. AL BEEAUCHA.MP 1123 Manchester, National City, was present and said he would like to understand why Council wants to treat the apartment house business in a manner unlike any othedr business such as meat cutting, typewriter sales, screen sales/any other business in town; if you want to go into gross rent receipts like other businesses, youzll have a $500,000 • a year operation; if you want to penalize the apartment house busi- ness on a unit basis, the City should get a license fee on the meat that Mr. Camacho cuts and his company sells, and then a dime a pound because they sell it; add five cents a screen to Mr, Pinsonts products; add a dollar to each typewriter Mr. Waters sells; why single out the apartment house business? Mr. Beauchap said his association paid property tax of $200,000 last year; National City received approximately $ 30,000 for their share. There was further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho,, Reid, Morgan. Nays: Pinson, Waters. HEARINGS The HEARING to amend Zoning Regulations to add thereto specific provisions to allow a VETERINARY HOSPITAL or CLINIC in Commercial Zones, including development standards and use limitations related thereto was held at this time, The Planning Department transmittal regarding the Planning Commission's recommendation that zoning regulations be amended to permit veterinary hospitals or clinics and to delete veterinary hospitals or clinics and to delete the use insofar as kennels are concerned and stating: (1) the Planning Commission suggested that "clinics" be allowed in C.2 and less restrictive zones and that veterinarians and veterinary hospitals be allowed in M.4 zones and (2.) the Planning Commission recommended "kennels" be deleted from the Zoning Code (which would mean they would no longer be permitted anywhere in the City) was presented.. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler said to Planning Commission's recommendation is in two parts; they can be treated separately; the first would allow clinics for household type pet animals in the C-.2 zone; the second part would remove "kiennels" as permitted uses in the M.4 zone; the Planning Commission 'recommends both actions. No one was present in this regard.. Moved by Pinson, seconded by Camacho, the hearing be closed and all r ommendations of the �Y�W Mr11\ rrlrr.�rr Ir�Y ��rYlirrrrll�rrr�IrrrrlYll r�--- Planning Commission be adhered to. There was discussion. Carried by unanimous vote. 1/15/74 24 APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Capital Outlay Park Retirement Gas Tax No. 2107 Gas Tax No, 2106 Special Street Sewer Total $15,503,08 1,173.73 3,335.00 10.03 27, 734.40 65.47 16,624.32 250.00 815.67 $653511.70 Moved by Camacho, seconded by Reid, these bills be ,paid and warrants drawn. Carried by the following vote, to. wit : Ayes: Camacho, Pinson, Reid, Waters, Morgan, Nays: None, UNFINISHED BUSINESS BIDS for the City =s TOP $3, 000, 000000 LAYER OF LIABILITY INSURANCE: Cheverton, Bach/Bayly, Martin & Fay Insurance Co. ($2,950 for a two year period) and Creaser, Price, Insurance Co. ($3,,130 annually) and Assistant City Manager Stenberg's recommendation the low bid of Cheverton Bach/Bayly Martin & Fay Insurance be accepted for the 2- year period were presented. Moved by Pinson, seconded by Camacho, in favor of the Assistant City Manager's recommendation.. There was discussion. The Assistant City Manager said in future bids could be solicited from National City insurance agents. Carried by the following vote, to. wit : Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. NEW BUSINESS The CONSENT CALENDAR, items la through if were presented: (a) City Clerk's memo reporting receipt of notices from the Dept. of Army, Corps of Engineers: (1) application for permit by U.S. Dept. of Army, Hq. Ft. MacArthur, to remove existing anchor pilings and four boat docks; install new anchor pilings and 10 boat docks in L. A. Harbor; (2) application for permit by Standard Oil Co. of California, La Habra, to renew existing permit to continue exploratory drilling operations within OSC Parcel 0209 located in Ventura County; (3) application for permit by Higson Construction Co., Newport Beach, for removal of existing docking facility and installation of new pier, ramp and float to extend 80' bayward, Lido Isle, Newport Beach. (b) Assistant City Manager's memo reporting receipt of application by Bay Cities Ambulance, Inc., for renewal of four ambulance permits and stating no Council action was necessary as the number requested is the same as issued in 1973, application attached. (c) City of Imperial Beach Resolution No. 1953, requesting that the California Coastal Zone Commission rescind its previous decision and to grant immediate approval for the further devel- opment of the San Onofre Nuclear Generating Station. Letter from Imperial Beach City Clerk is attached. (d) Items to be filed with the City Clerk: (1) Certificate of Insurance from the Aetna Casualty and Surety Company covering Meri-Rich Corporation, Policy No. 54CIC3545CPA; and Certificate of Insurance from the Hartford Insurance Group covering Meri- Rich Corporation, Policy No. 58C 250293; (2) Certificate of Insurance from the Colonial Western Agency, Inc. covering Luis M. Planas, 8441 Desiree Lane, Santee, Policy No. CAL 13932, National Indemnity Company; (3) Certificate of Insurance 1/15/74 25 covering Luis M. Plans, 8441 Desiree Lane, Santee, House Moving Contractor, insured by National Indemnity Company, Policy No. CAL 13932; (4) Certificate of Insurance from Haas and Dodd Insurance, P. O. Box 56454, Atlanta, Georgia, insuring Trans Video Corporation, P. 0. Box 20847, Grantville Station, San Diego, Policy No. WP1690967. (e) Letter from Nissan Motor Corporation in U.S.A. expressing appreciation to members and staff of the Redevelopment Agency for cooperation and assistance given to Mr. Bob Daily, owner of Balboa Datsun, in building his new National City dealership. (f) Notice of public hearing on the Marine Environment Element of the California Coastal Plan, San Diego Region (hearing to be 1/25/74, 9:15 a.m., 101 Ash Street, San Diego.) Moved by Pinson, seconded by Waters, consent calendar be approved and filed. City Manager Osburn said there will be someone representing the City at the hearing (Item f). Carried by unanimous vote. A letter from Don Jones, President, NATIONAL CITY JAYCEES requesting no -fee LICENSE TO SOLICIT SUBSCRIPTIONS in National City; funds collected to be used for Jaycee projects and the License Collector's recommendation this request be approved were presented. Moved by Camacho, seconded by Reid, this be granted. Carried by unanimous vote. A letter from Donald R. Jones, President, NATIONAL CITY JAYCEES, requesting REIMBURSMENT OF $750 FOR EXPENSES incurred in presenting 1973 JUNIOR MISS PAGEANT and a listing of expenditures were pre- sented. Moved by Waters, seconded by Camacho, in favor of the National City Jaycees' request. Carried by unanimous vote. A letter from Assistant City Fire Chief regarding NATIONAL SCIENCE FOUNDATION GRANT FOR EVALUATING ORGANIZATION OF FIRE PROTECTION SERVICES and stating that if the Council is in favor of seeking the grant, a letter should be sent to Mr. Robert Lawrence, County of San Diego, Office of Fire Services Coordinator, to notify him of the Council's decision was presented. Moved by Camacho, seconded by Waters, this be approved. There was discussion. Motion failed by the following vote, to -wit: Ayes: Camacho, Waters. Nays: Pinson, Reid, Morgan. A letter from ASSEMBLYMAN JULIAN C. DIXON urging support of AB 594 and attaching a sample resolution supporting AB 594 and any other similar legislation relating to BEVERAGE CONTAINERS and a copy of AB 594 was presented. Moved by Pinson, seconded by Waters, in favor of Julian C. Dixon's request. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. A Court Summons in regard to CLAIMS FOR DAMAGES against the City of National City by SIEVERT-LEGGETT MEDICAL TRANSFER and the Assistant City Manager's recommendation all claims be denied and the matter referred to the City Attorney to take whatever defense action is appropriate were presented. Moved by Camacho, seconded by Reid, in favor of the Assistant City Manager's recommendation. Carried by unanimous vote. MAYOR MORON'S memo stating Council should consider REDUCING PRESENT BUSINESS LICENSE FEES FOR APARTMENTS and Mayor Morgan's letter to Mr. Donald W. Zellmann regarding National City Park Apartments' business license fee in this regard were presented. Ordered filed by unanimous vote. The City Engineer's memo recommending the City PURCHASE PROPERTY ENCROACHED BY PARADISE CREEK DIVERSION CHANNEL and stating that 2,309 sq. ft. of private property, involving two property owners is required; both owners have agreed to the sale; a memo from Ronald L. Ballard, Real Property Officer, a letter from Jerry Harris Realty 1/15/74 26 and a plat of the area were presented. City Engineer Foster said this encroachment has been in effect for approximately 12 years; from time to time we have discussed this with the property owners but have been unable to come to any agreement; now they will sell it to the City for 500 per sgrft,}in his opinion, a good price; this is a* opportunity to settle this. Moved by Waters, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. REPORTS ASSISTANT CITY MANAGER STENBERG said in regard to TRANSPORTATION for SENIOR CITIZENS they have looked into acquisition of either a new or a used passenger van; they found that if more than 8 passengers are carried, a different kind of drivers license is required; as we are relying upon volunteer help it is restricted to an 8-passenger van; the prices received are far -and -above the amount of money that is available for anything of this sort. Mr. Stenberg stated the City has not gone to bid on the other rolling stock; if Council would like to`loroceed on this purchase, an item could be substituted. Moved by Morgan, seconded by Waters, this be included in the bid. Mr. Sten- berg said there will be an item deleted from the existing list of approved equipment going to bid because there are no surplus funds. Carried by unanimous vote. Mr. Stenberg said, depending upon delivery time required by the low bidder, it would be anywhere from 5 to 6 weeks from awarding of the bid; station wagons are currently being used for that purpose; transportation is in existence at this time. A Planning Department memo stating a completed application forTEAFF ANNEXATION (1.64 acres on the southerly side of Sweetwater Road adjacent to Bonita Golf Course has been submitted to the Planning Department and if the Council wishes to proceed with the annexation, they will forward the application to the Local Agency Formation Com- mission was presented. Moved by Waters, seconded by Camacho, in favor of the City Planning Director's recommendation, Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO remizzled Council the last time we were in Tecate to visit our Sister City, we met GOVERNOR MILTON CASTILLANOS of Baja California and promised him a tour of National City's industrial area, port and redevelopment project; we also asked him to visit a Council meeting while in session. Councilman Camacho requested Council's consideration and consent for inviting the Governor to National City on February 5; this will be the first Council meeting of the month of February. Moved by Morgan, seconded by Reid, Councilman Camacho's recommendation be approved. Carried by unani- mous vote. VICE MAYOR PINSON said in regard to the new CPO voting formula, National City has been cut down to a minimum; we had 3 votes to start with and now we are getting 2. Moved by Pinson, seconded by Waters, to go on record opposing this. There was discussion. Councilman Reid, National City CPO representative, said National City should keep what we have. Carried by unanimous vote. COUNCILMAN REID said he has a job he feels the Mayor and the City Attorney should do; yesterday, at the CPO meeting, after 32 hours we wrote a rough draft (San Diego Metropolitan Transportation District -- AB 2648) which will go to Assemblyan Deddeh and Senator Mills; the Mayor and the Attorney should check this and if the input is not what we want (it will be 10 times before it is finalized; out of 14 entities, it went 13 to one after 31/2 hours of discussion; there was a deadline; this is mandated; we had no choice) do whatever is 1/15/74 27 necessary if you have to go to Sacramento. Councilman Reid said this is in the form of a motion, seconded by Camacho. Carried by unani- mous vote. COUNCILMAN WATERS congratulated the Staff on the new benches, etc. installed in the Senior Citizen's compound; there is one more thing to be done: the painting of white lines on the shuffleboard court. City Manager Osburn said these markings could be made within the next week or two. MAYOR MORGAN asked City Engineer Foster about a grocery store on 18th and Palm that donated land to the City to make Palm Ave. full width; he said they were promised there would be a driveway in there; they had some type of hardtop driveway before they donated the land to the City; when the street was put in it was left without a driveway; they have to drive over mud to get to their parking lot; is this the policy when land is donated the driveway is left this way? City Engineer Foster said they never put in driveways where no driveway existed before; he did not make a deal with him. Mayor Morgan said he thinks this was promised to him to get the land free. City Engi- neer Foster asked Mayor Morgan if he wanted Engineering to put in a driveway. Mayor Morgan said he wanted to bring this to his attention and have it checked out. MAYOR MORGAN spoke in regard to trucks that park over at 13th and Wilson; and asked if it would require laws passed or ordinances passed to eliminate this; they block traffic on 13th Street; it is dangerous; the dollies make holes in the streets where they sit; it is very, very bad. The Mayor asked the City Manager to report on this. City Manager Osburn said sometime ago Council passed an ordi- nance where they had to have the dollies on blocks if they were not hooked up to a tractor. MAYOR MORGAN asked Assistant City Manager Stenberg if he has heard how the trees are coming along in the area of National Awards Homes between 4th and Division and between Harbison and Euclid; those were tearing up the sidewalks and curbs. Mr. Stenberg said he does not have a final report this evening; he has received reports back from the Department Heads that were contacted; they are investigating now several different locations in an attempt to determine the estimated cost and how the property owners will be contacted and what recom- mendations will be made to Council; he can probably have a report in two weeks sure, possibly next week. Moved by Morgan, seconded by Pinson, to include everything north of Division Street from Harbison to Palm Avenue in this study of trees that are tearing up the sidewalk. Carried by unanimous vote. Moved by Waters, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:47 p.m. C� Cif . Clerk City of Natio 1 City, California The foregoing minutes were approved by the City Council of the City of National; City at the regular meeting of January 22, 1974. No corrections Corrections as noted below National City, California 1/15/74