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HomeMy WebLinkAbout1974 12-03 CC MIN96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 3, 1974 The regular meeting of the City Council of the City of National City was called to order at 7:34 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalia, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Bourcier followed with invocation by Mrs. Faith Tovsrud, St. Matthews Episcopal Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the regular meeting of November 26, 1974 be a2proved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the appointment of BUTCH BRIDGEMAN, 1221 East 8th St., to the ADVISORY AND APPEALS BOARD. Moved by Camacho, seconded by Pinson, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS MITCHELL BEAUCHAMP, 1625 "I" Avenue, Apt. 10, was present and said he delivered to Civic Center this afternoon correspondence regarding the clarification of Ordinance 808, the bee ordinance; he does not feel this ordinance is responsive to the present situation in the City; this ordinance prohibits the keeping of bees in the City; the ordi- nance, in so doing, intends to keep bees out of the City because of their nuisance; in the correspondence he distributed this afternoon, he proposes for consideration an ordinance that is a synthesis of County ordinances and other entities in the County regarding the keeping of bees. Mayor Morgan said the Planning Director will handle the matter. There was discussion regarding the information that bee stings are good for arthritis. SUSAN WHITEHURST, 2036 Crenshaw, San Diego, was present and said she is representing the San Diego Emblem Club No. 480, a charitable, non- profit organization; they would like to apply for a license to have a bazaar on the mall of South Bay Plaza this Saturday, December 7; their request did not arrive in time to be put on Council agenda; they propose to sell handmade articles. Moved by Pinson, seconded by Reid, this be approved with the approval of the City Manager. Carried by unanimous vote. City Manager Bourcier asked Ms. Whitehurst to tele- phone him tomorrow. (CPO Presentation was listed on Council Agenda. CPO representative was not present.) ADOPTION OF RESOLUTIONS Moved by Pinson, seconded by Camacho, the resolutions be presented to Council by title only. Carried by unanimous vote. 12/3/74 97 RESOLUTION NO. 11,629, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDING AND DETERMINING THE DISABILITY RETIREMENT FOR POLICE SERGEANT WAYNE L. BROWN PURSUANT TO SECTION 21023.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA." Councilman Reid said he would vote no on this as Mr. Brown is not present and he is not sure this is what he wants. City Manager Bourcier said as he and the Attorney understand it, this will get him his retirement as he re- quested. Moved by Dalla, seconded by Pinson, Resolution No. 11,629 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. RESOLUTION NO. 11,630, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 15TH STREET FROM THE WESTERLY LINE OF MCKINLEY AVENUE, WEST A DISTANCE OF 125 FEET (INDUSTRIAL SALES, HANDY METALMART)." City Attorney McLean said the hearing will be January 7, at 7:45 p.m. Moved by Pinson, seconded by Camacho, Resolution No. 11,630 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,631, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TRANSFERRING ITS RIGHTS UNDER SAN DIEGO WATER COURSE PERMIT AND RIGHT OF ENTRY AND PERMIT TO DO WORK TO PRIVATE DEVELOPER.P7 City Attorney McLean said this is a transaction whereby the City grants to Barclay, Hollander and Curci its rights to grade in conjunction with the Bonita Center project. Moved by Reid, seconded by Camacho, Resolution No. 11,631 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for first reading by title only. Carried by unanimous vote. ORDINANCE NO. 1450 (11/26/44-1), "ORDINANCE REZONING CERTAIN REAL PROPERTY FROM THE R-4-PD ZONE TO THE R-1-S ZONE AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." City Attorney McLean said this was listed under "Introduction of Ordinances." However, it is presented as an urgency ordinance and, if, after the title is read, there is a majority that desires to adopt it the appropriate motion would. be to adopt as an urgency ordinance. The title was read. Moved by Pinson, seconded by Camacho, Ordinance No. 1450 (.11/26/g4-I) be adopted as an urgency ordinance. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1451 (1,49,44-2), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING THE UNIFORM BUILDING CODE, VOLUME 1, 1973 EDITION, RELATING TO THE EXPIRATION OF BUILDING PERMITS." Moved by Pinson, seconded by Camacho, Ordinance No. 1451 f11/19/44-2be adopted. Carried by unanimous vote. ORDINANCE NO. 1452 (1Q/29744-I), "AN ORDINANCE EXTENDING INTERIM ORDINANCE 1436 ESTABLISHING DENSITY CONTAINED IN GENERAL PLAN 1990 ON ALL PROPERTY WITHIN CITY OF NATIONAL CITY." Moved by Pinson, seconded by Camacho, Ordinance No. 1452 (Q/29'?4-I) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said he went to court today on the challenge to the Bonita Center project; there was no trial court available; they are waiting to be assigned out for trial which he thinks probably will 12/3/74 f 98 happen tomorrow. The City Attorney said Mr. Watts (Redevelopment Agency Executive Director), principals of Rick Engineering and he appeared before the Board of Supervisors (Councilman Reid was present) to pursue the City's application for County cooperation in constructing a flood control channel through the shopping center; they did receive their approval by a three to one vote in favor of the City's applica- tion; the Board requested the County Counsel formally approve the permit tomorrow and do a little 'V crossing and 'D dotting of the words within the permit itself; there are no disputes; these are just little changes he wanted to make; tomorrow at 2:00 the matter will be back before the Board of Supervisors for their formal certification of the issuance of the grading permit. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,080.47 Traffic Safety 4,533.49 Capital Outlay 2,992.50 Park 1,365.29 Gas Tax 2107 10,827.00 Trust & Agency 100.00 Revenue Sharing 12,324.28 Sewer 9.49 Redevelopment - Bonita Center 1.75 Total $39,234.27 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. NEW BUSINESS CONSENT CALENDAR item la (only item on calendar) was presented: a. The City Manager's recommendation the minutes of November 20, 1974, meeting of the Civil Service Commission be approved and filed. Moved by Pinson, seconded by Camacho, Consent Calendar be approved. Carried by unanimous vote. Application by ROBERT J. GARCIA, dba ELBO REST, 309 Highland Avenue, for person to person transfer of on -sale beer license and the Police Chief's memo stating there appeared to be no grounds for protest of the application were presented. Moved by Camacho, seconded by Reid, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Application by the SOUTHLAND CORPORATION and Faye C. and Lewis G. SOUZA, dba 7-Eleven Store #13561, 3440 East 8th St., for person to person transfer of off -sale beer and wine license and the Police Chief's memo stating there appeared to be no grounds for protest of the application were presented. Moved by Pinson, seconded by Camacho, the application be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Application by KING 0. TAYLOR, SR., dba KING'S LIQUOR, 1626 East 8th Street, for off -sale general liquor license, second priority, and the Police Chief's memo stating there appeared to be no grounds for pro- test of the application were presented. Moved by Pinson, seconded by Reid, the application be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain- ing: Morgan. 12/3/74 99 Application by ROTARY CLUB of National City for use of main hall of Kimball Park Community Building on December 17, 1974 (Facility Use Permit attached) was presented. Moved by Pinson, seconded by Dalla, in favor of the Rotary Club. Carried by unanimous vote. Application by NATIONAL CITY NATIONAL LITTLE LEAGUE for refund of $3.00 license fee for RUMMAGE SALE held November 3 - 10, 1974, was presented. Moved by Reid, seconded by Pinson, in favor of Item No. 6, National City National Little League. Mayor Morgan requested this be paid out of petty cash if possible. Carried by unanimous vote. The City Manager's memo stating the cost estimate for the County's acquisition of parcels for LAS PALMAS PARK EXPANSION is low by approximately $45,000 - $55,000 and in order to proceed the City must either (a) request County fund the $170,000 now and appropriate the additional monies required in the 1975-76 budget, or (b) request the County fund the $170,000 now and allow the City to scale the expansion area to accommodate the available funds was presented to- gether with a drawing of the area. Moved by Camacho, seconded by Pinson, the County be asked to comply with their commitment to the City of National City and buy the property whatever the cost. Carried by unanimous vote. The City Clerk's report of results of the opening of sealed bids on SEWER PRIORITY I, PHASE I, [Tommy M. Clark $21,235.24; G. R. Henderson $20,619.90; Four Point Contractors $11.9.4gya9 (corrected to $25,934.60 R. S. Construction $18,617.50] and the City Manager's recommendation that consideration of bids on this project be continued for one week were presented. The City Clerk reported the Certificate of Publica- tion and Affidavit of Posting were on file. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. The City Engineer's recommendation that TRAFFIC SIGNAL project at Route 54, Reo Drive, Tonawanda Drive and Valley Road be approved and $7,500 be utilized from Acct. 10, Sec. 2106, Gas Tax Funds was presented. Moved by Reid, seconded by Camacho, the City Engineer's recommendation be approved. Councilman Pinson said he is not going to vote for any traffic signals until something is done about the traffic signal in this City that Council authorized and directed the staff to install. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Abstaining: Pinson. The City Manager's request for permission to call for BIDS on 4TH STREET IMPROVEMENTS, "S" to "T" Avenues, was presented. Moved by Reid, seconded by Pinson, the City Manager's request be approved. Carried by unanimous vote. The City Manager's request for authorization to apply for CETA funding was presented. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendation. Carried by unanimous vote. Councilman Dalla's recommendations regarding LEASING OF STATE PROPERTY in area of 13th Street and I-5 for PARK PURPOSES (a) authorize City Manager to enter negotiations with State to lease the property for park purpose for a nominal fee, (b) pass a resolution seeking the cooperation of the State in landscaping their portion of the parkways in the area, and (c) commend and encourage the Chamber of Commerce in their efforts to improve this area as an attractive entrance to the City were presented. Moved by Reid, seconded by Pinson, Item (a) be referred to the City Manager for report (amended motion). Councilman Dalla said he is not asking for any costly projects; he is proposing some grass be put in so people can use that area; this is divided into three items and items (b) and (c) do not require a report and Council can act upon them without compromising its position on the park. City Manager Bourcier said he would contact the State and see if they are 12/3/74 iort"Rk, - ror. - • r- • r-to 100 interested in this; lots of times such excess property can be obtained for a very nominal cost. Carried by unanimous vote. Moved by Pinson, seconded by Camacho, Items (b) and (c) be approved and the Manager be directed to negotiate with the State and the Chamber. Carried by unanimous vote. REPORTS CITY CLERK CAMPBELL reported receipt of the Registrar of Voters, certificate of the official canvass of the ballots on PROPOSITION R, submitting to the voters the question of rezoning of the west side: "shall the City Council rezone the west side of National City, as described, from industrial zoning to residential R-1 zoning?...," which was consolidated with the General Election on November 5, 1974; the official results are: Yes 2,808; No 3,169; Total Votes Cast 6,826. Ordered filed by unanimous vote. CITY CLERK CAMPBELL reported receipt of a petition to initiate 1911 Act assessment proceedings for a 6-ft. MASONRY WALL, landscaping and sprinklers on EUCLID AVENUE, between Division and 4th Streets about noon today; the Engineering Dept. computed the percentage of the petition and found 62.41 percent of the total area signed for the masonry wall. Moved by Pinson, seconded by Reid, to refer this to the City Engineer for continuation. Carried by unanimous vote. CITY MANAGER BOURCIER said Staff received a request from Robert Domin- guez, Director of the CHICANO ATHLETIC ASSOCIATION for temporary use of an office trailer at 8th St. and Palm Ave.; Building and Housing Director Biggs recommended this be approved with a maximum time limit of 12 months and the wheels not be removed from the vehicle and steps and handrails be installed as required by the Building Code. Moved by Pinson, seconded by Morgan, this be referred to the Planning Department for a report. Moved by Reid, to amend the motion to approve the request; he can name two on Hoover, the Council has given permission to do the same thing; this is only a group of kids; they have an athletic program; as long as they are supervised he can see nothing wrong with it. There was discussion as to whether or not they were holding fights in the office trailer; the safety of holding fights in the building in violation of zoning regulations. Vice Mayor Camacho said the athletic program is a good idea; he would like the report of the Fire Marshal; he would like to look into the fire hazards and zoning violations prior to becoming involved in any way. Planning Director Gerschler said his staff would look into this. Moved by Camacho, seconded by Dalla, to table this item until Mr. Gerschler reports. There was discussion re the original motion and amendment, etc. Councilman Reid said he would like to re -phrase his motion. Moved by Reid, seconded by Pinson, amend the motion to refer this matter to the City Manager and he use any or all departments to make 2,...22222112111_12isCumil. Motion to table withdrawn. Amendment carried by unanimous vote. CITY MANAGER BOURCIER asked if the Council wanted CHRISTMAS LIGHTS on the small pine trees on 12th Street. Moved by Morgan, seconded by Reid, lights be put on the little pine trees. Councilman Dalla suggested a timer for the lights; there is still the energy situation. Mayor Morgan said they turn those on December the 9th and they burn until the early evening. Carried by unanimous vote. CITY MANAGER BOURCIER said he has been contacted by the City of Chula Vista to renew the ANIMAL SHELTER CONTRACT at the rate of $600 a month for the coming year; he would like Council minute action autho- rizing him to work with the City of Chula Vista on this item. Moved by Reid, seconded by Pinson, in favor of the City Manager's recommen- dation. Carried by unanimous vote. 12/3/74 101 CITY MANAGER BOURCIER reported the City has received an allocation of $121,300 from the San Diego Gas & Electric Company for the calendar year 1975 UNDERGROUNDING. CITY MANAGER BOURCIER recommended the Council not hold meetings on December 24 and December 31, 1974, and reconvene on January 7, 1975. Moved by Pinson, seconded by Reid, in favor of the Manager's recommen- dation. Carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended denial of application for variance from provisions of Ordinance No. 1436 to allow construction of 15 APARTMENT UNITS on parcel of land containing 22,500 sq. ft. (CONRAD T. PREBYS) was pre- sented. City Clerk Campbell stated she has received no appeal in this regard. Planning Director Gerschler said this case was reported to the City Council about three weeks ago; the Planning Commission did deny the case; the required 15-day waiting period has gone by and no appeals have been filed; no public hearing is required by Council; Council is free tonight to either approve or deny. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommenda- tion. There was discussion. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR CAMACHO requested Council's permission to use the Conferexe Room for a meeting of all the club presidents in reference to HERITAGE DAYS. Moved by Pinson, seconded by Reid, in favor of this request. Mayor Morgan said the City Manager can take care of this without Council action. COUNCILMAN DALLA asked the City Attorney about the ABC's decision on the City's protest of a license; we lost; is that it? have we no recourse? is this being pursed? City Attorney McLean said it will be pursued when they ask for a building permit; he is sure the City will take the position that this use is not allowed by zoning. COUNCILMAN DALLA spoke on the matter of left -turn lanes on 3th Street at Highland Ave. saying Council voted unanimously on August 6 to install left -turn pockets on 8th Street; the City was stopped from doing this by a court injunction; this has been adjudicated and the City's position was upheld; last week this matter came before Council and Council voted in essence not to go along with it; it was a unanimous decision on August 6 and the action is long overdue; it was decided on August 6 this be put on a 12-month trial period; this has been delayed four months, he proposed to date the 12-month period from August 6. Moved by Dalla, seconded by Reid, Council restate its position and authorize the Public Works Department to go ahead with this. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. MAYOR MORGAN said he owns property on t ecorner of Plaza Blvd. and 1-805, when Council adopted the Center 6Agept it included his properly; the boundaries are not set permanently; they can be changed. Mayor Morgan asked the City Attorney if he sees any financial gain by his action in this regard? City Attorney McLean said not at this pre- liminary point; it is too bad the staff did not see this and he advisad the Mayor in the future to abstain from voting on issues wherein his own property is involved if it can be avoided. Mayor Morgan proposed the boundary be dropped back to Palm and not include his property; if he gets involved in this --it takes a lot of votes and push to get these things through --he cannot do the things he will want to do; it will tie his hands; if some other member of the Council has property in there it will tie the Council's hands. Councilman Pinson suggested the staff be instructed to redraw the boundary. Mr. McLean said he would discuss this with the Executive Director of Redevelopment, 12/3474 102 MAYOR MORGAN said he wrote to Mrs. Spies; he saw in the paper that Mrs. Spies said this was open and...there will be no problem getting what we need; he wrote to Mrs. Spies..."as you are aware, we have instructed our Attorney to check and determine if people who donated to your Association come under the Disclosure Law of the State of California; the newspaper article stated you have no objections to disclosing information regarding the individuals who donated to the Association to fight the Bonita Shopping Center; consequently, if you will furnish us with the following information, it will be most help- ful: The names, addresses, amount, financial worth, real estate holdings, bonds, cash and so forth; we thank you in advance for your cooperation in this matter;" he sent this letter out and he is sure he will be hearing from Mrs. Spies very shortly; he hopes this will solve this problem for the Attorney. City Attorney McLean said he appreciated the Mayor's help. COUNCILMAN DALLA said Mr. Bourcier requested a little help in streamlining the agenda. Moved by Dalla, seconded by Pinson, to authorize the City Manager to initiate a new procedure to streamline the Council Agenda as requested. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:20 p.m. City lerk C'ty of Nationa City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of December 10, 1974. EZ1/ No corrections 0 Corrections as noted below AO S011if Mayor, ity oWN-tional City, California 12/3/74 103 K1LE MORGAN MAYOR THE CITY OF NATIONAL CITY 1243 NATIONAL AVENUE NATIONAL CITY, CALIFORNIA 92050 Telephone: 477-1181 Area Code: 714 NOTICE OF SPECIAL MEETING TO THE MEMBERS OF THE COUNCIL OF THE CITY OF NATIONAL CITY NOTICE is hereby given that a Special Meeting of the Council of the City of National City will be held in the Council Chambers at the Civic Center, 1243 National Avenue, National City, California on the 6th day of December, 1974 at 4:45 P.M. The purpose of this meeting is to consider executing an agreement and watercourse permit with the County of San Diego for right of entry and permit to do work and any other general business that may be appropriate. Dated this 3rd day of December, 1974. 12/6/74 104 We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a Special Council Meeting on December 6, 1974, at the hour of 4:45 p.m., in the Council Chambers, National City, California, for the purpose of: considering executing an agreement and watercourse permit with the County of San Diego for right of entry and permit to do work and any other general business that may be appropriate. Dated this 4th day of December, 1974. Date Time MAYOR /?' 3a Iva' ell a/7/7v' COUNCILMAN 12/6/74