HomeMy WebLinkAbout1974 12-17 CC MIN137
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
December 17, 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. Mayor Morgan
welcomed the Boy Scouts present in the audience.
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 Ron Bobo, St. Matthews
Episcopal Church.
APPROVAL OF MINUTES
Moved by Pinson, seconded by Reid, the minutes of the regular meeting
of•December 10, 1974 be approved. Carried by unanimous vote.
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PRESENTATIONS AND PROCLAMATIONS - None.
MAYOR'S APPOINTMENTS - None.
ORAL COMMUNICATIONS - None.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Reid, the resolutions be presented to
Council by title only. Carried by unanimous vote.
RESOLUTION NO. 11,639, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN CITY OF NATIONAL CITY AND NATIONAL CITY JAYCEE'S." Moved by
Reid, seconded by Camacho, Resolution No. 11,639 be adopted. Carried
by unanimous vote.
RESOLUTION NO. 11,640, "RESOLUTION AMENDING CONTRACT BETWEEN CITY OF
NATIONAL CITY AND THE NATIONAL CITY RUBBISH SERVICE." Moved by
Pinson, seconded by Reid, Resolution No. 11,640 be adopted. Carried
by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan.
Nays: Dalla.
RESOLUTION NO. 11,641, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO
ORDINANCE NO. 962 (ZC-3-74, 1408 Harding, Casa de Salud Community
Center)." Moved by Camacho, seconded by Reid, Resolution No. 11,641
be adopted. Carried by unanimous vote.
RESOLUTION NO. 11,642, "RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING SIGNATORIES FOR OFFICE OF EMERGENCY SERVICE MATTERS."
Moved by Reid, seconded by Camacho, Resolution No. 11,642 be adopted.
Carried by unanimous vote.
RESOLUTION NO. 11,643, "COMBINATION OF SURPLUS PROPERTY OVER AND
UNDER $2500.00." Moved by Reid, seconded by Pinson, Resolution No.
11,643 be adopted. Carried by unanimous vote.
RESOLUTION NO. 11,644, "RESOLUTION CHANGING NAME OF COOLIDGE AVENUE
TO HOOVER AVENUE FROM 22ND STREET TO 33RD STREET." Moved by Pinson,
seconded by Dalia, Resolution No. 11,644 be adopted. Carried by
unanimous vote. 12/17/74
138
RESOLUTION NO. 11,645, "RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL
CITY, PROVIDING FOR THE USE OF CHULA VISTA°S POUND FACILITIES AND
SERVICES." Moved by Reid, seconded by Camacho, Resolution No. 11,645
be adopted. Carried by unanimous vote.
RESOLUTION NO. 11,646, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (Tax Deed - Agmt 6827, AKA: Par 558-030-22) ." Moved by
Pinson, seconded by Reid, Resolution No. 112646 be adopted. Carried
by unanimous vote.
INTRODUCTION OF ORDINANCES
City Attorney McLean said there is one ordinance for adoption as an
urgency ordinance. Moved by Camacho, seconded by Pinson, this ordi-
nance be presented to Council by title only. Carried by unanimous
vote.
ORDINANCE NO. 1453 (I2/1W7?4), "AN ORDINANCE REZONING CERTAIN REAL
PROPERTY FROM R-4-PD ZONE, RESIDENTIAL PLANNED DEVELOPMENT ZONE TO
R-1-S ZONE, SPECIAL SINGLE FAMILY RESIDENCE ZONE AND ADOPTION SAID
ORDINANCE AS AN INTERIM ZONING ORDINANCE AND ADOPTING SAID ORDINANCE
AS AN URGENCY ORDINANCE AND RESCINDING ORDINANCE NO. 1450." Moved by
Pinson, seconded by Camacho, Ordinance No. 1453 ( ��,��;�4) be adopted:°
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Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson,
Morgan. Nays: Reid.
REPORT OF CITY ATTORNEY - None.
REFERRALS
The City Manager's report regarding leasing of CALTRANS property for
PARK PURPOSES (13th Street and I-5) stating this property is now
under lease with the Boy Scouts of America but after expiration of
the current lease, it could possibly be leased for approximately $100
per year was presented. Moved by Pinson, seconded by Reid, this be
filed. Councilman Dalla said there are two ways Council could
approach this, forget about this until September of 1975, at which
time you can enter into negotiations with the State and this will
take time; meanwhile, the park could not be developed because there
would be no money appropriated in the budget, or Council could take
a more positive and meaningful approach and contact the Boy Scouts
of America and determine if they would be willing to surrender their
lease on the property in view of the fact that they are not utilizing
it at the present time and the City would like to use it as a park;
Council could direct the staff to negotiate the lease of the property
to take effect in September 1975 if the Boy Scouts of America were
not willing to surrender their lease; Council could direct staff,
whether the Boy Scouts of America surrender or whether it takes effect
in September of 1975, to work out some preliminary development plans
and alternatives for a park (including estimates of cost) to be
presented to Council prior to budget sessions this coming year;
Council could also authorize the staff to explore alternative sources
of financing or participation in the project. Moved by Dalla, to
amend the motion to include the four steps he has outlined and direct
the staff to initiate those items. Died for lack of second. There
was discussion. Carried by the following vote, to -wit: Ayes:
Camacho, Pinson, Reid, Morgan. Nays: Dalla.
UNFINISHED BUSINESS
A letter from the Executive Director, National City REDEVELOPMENT
AGENCY regarding their draft general statement, 3-year community
development plan summary and 1-year community development program
(all three attached) and requesting (a) expression by Council as to
the concept broached in draft statement, summary and program, and (b)
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139
authorization to contact National Elementary School District and the
Hebrew Day School regarding acquisition of land for access to pro-
posed Senior Citizens Housing site outlined in draft statement,
summary and program was pr 'WPV0was Mayor Morgan said there was a
motion on the floor last weekliabled. Moved by Pinson, seconded by
Camacho, the motion be brought back on the floor. Carried by
unanimous vote. At the request of City Attorney McLean, the City
Clerk read the motion: Moved by Reid, seconded by Camacho, in favor
21...the ..entAe2. HOWARD LOEFFLER, 2742
Aristotle Dr. in San Diego, representing the National City Chamber of
Commerce, was present and said the Chamber of Commerce has had a week
to review the proposal under consideration tonight; and read a letter
prepared by the Chamber in this regard: "Honorable Mayor Kile Morgan
and City Council, Dear Mayor Morgan and City Council: After more
than ten hours of special committee meetings on the use of Community
Development Block Grant Funds in general and, in particular, the
Redevelopment Agency's proposals for a General Statement, a Three -
Year Community Development Plan Summary, and a One -Year Community
Development Program, the National City Chamber of Commerce makes the
following statement and recommendations: 1. GENERAL APPROVAL OF THE
BROAD CONCEPTS. We consider the broad concepts expressed in the
Redevelopment Agency's proposals to be excellent goals; we approve of
these ideas and lend our name to their support. We especially recom-
mend those sections relating to implementation of the General Plan's
Center City Concept. 2. LOCATION OF SENIOR CITIZEN HIGH RISE AND
MULTIPLE FAMILY RESIDENTIAL REDEVELOPMENT. The National City Chamber
of Commerce strongly objects to the unnecessary limiting of possible
locations for: A. The Senior Citizens Housing Redevelopment (see:
Three -Year Plan Summary, page 3, One -Year Program, page 2, and Map
item No. 5.). B. Low and Moderate Multiple Family Housing Redevelop-
ment (see: General Statement page 3, One -Year Program, page 2, Map
item No. 6). Summaries of the requirements for initial applications
for Block Grant funds show no need for pinpointing the location of
such projects. The National City Chamber of Commerce believes the
decision on precise locations can be safely omitted without jeopar-
dizing the City's application for funds. Ample hearing should be
given to interested individuals and groups. Consideration should be
given to input from all sources. Although it is for you (the Council)
to make the final decision, there is much to be gained by attending
to the recommendations of interested persons. As an example: Senior
Citizens might be consulted as to the location of the high rise. It
might be suggested that the proposed location is not acceptable to
senior citizens because of its distance and elevation from the South
Bay Plaza. The General Plan calls for a pedestrian oriented Center
City development linking the Community -Civic Center to South Bay
Plaza. The Senior Citizen High Rise might be better located within
the level area between Kimball Park and South Bay Plaza. We emphasize
that the need is for constructive input to facilitate you in reaching
the best decision on location and similar matters. 3. COMMERCIAL
PROPERTY. We recommend that the One and Three -Year proposals in
addition specifically include a program for rehabilitation and up-
grading and commercial property within the Center City Redevelopment
Survey Area. 4. RESIDENTIAL PROPERTY. We recommend that the One and
Three -Year proposals in addition specifically include a program for
rehabilitation and upgrading of existing residential property, possibly
through the use of a revolving home improvement loan fund. Sincerely,
Thomas P. Maguire, President, National City Chamber of Commerce."
Mayor Morgan explained the Senior Citizen's High Rise location is not
necessarily final; there must be a plan to present to the people who
are doling out the money; when the study is made, this may change;
there will be, of course, more than just the Chamber of Commerce's
recommendations; there will be meeting after meeting on this and get
everyone's input. In answer to Councilman Pinson's question,
Redevelopment Agency Executive Director Watts said it would be a
mistake if the application were submitted with pinpointed locations
that couldn't be deviated from; the application should identify
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140
desired locations and work with the San Diego office of FHA to secure
their blessing for such locations; one or more locations that at this
time seem desirable should be pinpointed and work that out within the
next year with San Diego FHA. Mayor Morgan asked if a study had been
made on dropping the boundaries back to Palm Avenue (to exclude the
Mayor's property)? Mr. Watts said he hopes the Council would not feel
that at this stage the boundaries are firm; he hopes Council will
allow the Agency to return repeatedly for many months with suggestions
for changes and modifications; they are soliciting Council's endorse-
ment for approval in concept to put words on paper and as quickly as
possible submit an application to secure the first annual year funding
they have no specific plan; they do not have sufficient citizen input;
they need to obtain these things; they are asking at this time that
Council allow them to put together an application; they know there
will be changes. There was further discussion. City Attorney McLean
said he sees no conflict of interest; first of all, you have informed
the public that you have property within this study area; the study
area has been designated by the staff not Council; you can't help the
fact that your property was there before the area was designated and
there it sits; it may be that at some future date there is going to
be some form of intangible, potential benefit to your property as a
result of these activities; if we have to stop because you own the
property there, then we just can't do anything because every member
of the Council owns property somewhere in town; you are not voting to
help yourself, you are voting on a community -wide project; if it were
to come to pass that the City decided to acquire your property for a
senior citizens' site, I don't know; at that point I would say the
only way the City could acquire your property would be to hire an
appraiser and condemn it; the City could not bargain with you; short
of something like this, he could see no problem. Mr. Watts said in
the event Council acts affirmatively or affirmatively with modifica-
tions, it is requested Council allow the Agency to contact the
Catholic Church regarding property at 12th and "D" in addition to
the request before Council tonight. Included in motion and second.
Councilman Dalla said last week he pointed out to Council where his
property is located which is specifically delineated in one section
of this proposal, 9th Avenue, "D" Avenue and 12th and near National;
you indicated one thing and now, he is not sure whether the Attorney...
City Attorney McLean said legally you are not barred from voting on
this motion; there would be no way Staff could go ahead with any
community -wide planning studies if properties are excluded which are
owned by Councilmen who are voting in this regard; you have identified
your property; everyone knows about it; there is no concealment.
Carried by unanimous vote.
NEW BUSINESS
Application by EL JUAN CAFE, INC., 2316 Highland Avenue, for double
transfer of on -sale GENERAL EATING PLACE LIQUOR LICENSE and the Police
Chief's memo stating there appear to be no grounds for protest of the
application were presented. Moved by Pinson, seconded by Camacho, in
favor of this application. Carried by the following vote, to -wit:
Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining:
Morgan.
Application by SOUTHLAND CORPORATION, DBA 7-Eleven Store No. 13564,
15 North Euclid Avenue for person -to -person transfer of OFF -SALE
BEER AND WINE LICENSE and the Police Chief's memo stating there appear
to be no grounds for protest of this application were presented.
Moved by Pinson, seconded by Reid, this application be approved.
Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson,
Reid. Nays: None. Abstaining: Morgan.
Application by COLIN W. WIED (Receiver), DBA CLUB 21, 2105 National
Avenue, for person -to -person transfer of ON -SALE GENERAL, PUBLIC
PREMISES LIQUOR LICENSE and the Police Chief's memo stating there
12/17/74
141
appear to be no grounds for protest of the application were presented.
Moved by Pinson, seconded by Reid, this application be approved.
Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson,
Reid. Nays: None. Abstaining: Morgan.
The PARKS & RECREATION DIRECTOR'S request that he be authorized to
ACCEPT TREE DONATIONS on behalf of the City was presented. Moved by
Pinson, seconded by Camacho, in favor of the Parks & Recreation
Director's request. Carried by unanimous vote.
Request by the NATIONAL CITY JAYCEES for City to reimburse them $750
for expenses incurred in presenting the 1974 JUNIOR MISS PAGEANT and
a list of pageant expenditures were presented. Moved by Pinson,
seconded by Camacho, in favor of the National City Jaycees' request.
Carried by unanimous vote.
Request by NATIONAL CITY RUBBISH SERVICE for approval of SALE of their
company to Edco Disposal Corporation was presented. Moved by Reid,
seconded by Camacho, this request be approved. There was discussion.
IRA PROCTOR, 1240 East 24th Street, was present and said he is the
President of the National City Rubbish Service, Inc., Edco will be
purchasing the equipment under the terms of the 10-year contract;
they will be paying for those; they are purchasing the entire cor-
poration; a little over 7 years remain on the 10-year contract with
the City. EDWARD BURR, 8186 Center Street, La Mesa, was present and
said he is buying the corporation which has the contract. Mr. Burr
said he has the following contracts: City of La Mesa, 5-year contract
City of Coronado, 5-year contract; Escondido 10-year contract.
Carried by unanimous vote.
Request by WILLIAM KLUMPP for permission to play CHRISTMAS MUSIC with
use of loudspeakers at various locations within the City during the
pre -Christmas season (copy of Ordinance No. 739 in this regard
attached) was presented. Moved by Pinson, seconded by Reid, in
favor of Mr. Klumpp's request. Carried by unanimous vote.
REPORTS
CITY MANAGER BOURCIER requested approval of a 36-DAY EXTENSION for
the contract on SWEETWATER HEIGHTS PARK; the work has been completed;
this is just a housekeeping item. Moved by Pinson, seconded by
Camacho, in favor of the Manager's request. Carried by unanimous
vote.
CITY MANAGER BOURCIER requested approval of CHANGE ORDER NO. 2 ON
DIVISION STREET IMPROVEMENT PROJECT; this is to bring the contract in
line with actual quantities of work performed; it is in the total
amount of $3,215. Moved by Reid, seconded by Camacho, in favor of
the Mana..ger's recommendation on Division Street. City Manager Bour-
cier said it is a net increase of $3,215, 1.4%. Councilman Pinson
asked if Council is getting all change orders on outstanding contracts
for approval? City Manager Bourcier said he understands that is the
policy; that is why he brought this up. Carried by unanimous vote.
CITY MANAGER BOURCIER announced that a contract was received from the
County of San Diego today for CETA funds in the amount of $114,000;
they will get going ahead and moving on the hiring of those employees.
CITY MANAGER BOURCIER announced the ANNUAL CALENDAR REPORT will be
delivered to the citizens approximately January 8, 1975.
CITY MANAGER BOURCIER requested permission to take off the two days
before New Years Day.
Moved by Morgan, seconded by Reid, to reject all the BIDS except the
low bid. Sorthe addition to CASA DE SALUD so the cash deposits (in
lieu of bid bond) can be refunded to the unsuccessful bidders.
(Amended motion) Carried by unanimous vote. 12/17/74
142
The Planning Department transmittal stating the Planning Commission
recommended approval of issuance of a C-2-PD, limited commercial
planned development permit, authorizing establishment of an Italian/
Mexican Restaurant (LA LANTERNA) with on -sale beer and wine at 933
Harbison Avenue subject to conditions in Ordinance 1301 and the
additional condition that would prohibit installation and/or operation
of coin -operated amusement devices on the premises was presented.
Planning Director Gerschler said this will allow the relocation of
La Lanterna from its present spot to a building on Harbison next to
the Twin Cinema. Planning Director Gerschler said he was not aware
of anything that would prohibit the sale of beer and wine in that
location; the actual liquor license transfer, of course, will have to
be approved by ABC; when they have that request, Council will be
asked to comment. There was discussion regarding whether or not the
space was large enough. Councilman Dalla asked who would be respon-
sible for the existing site...the signs and landscaping could fall
into disuse and deterioration. Mr. Gerschler said the owner of the
property is responsible for the maintenance; the literal interpreta-
tion of the sign code would be that when the use of the sign becomes
nonconforming, it could be ordered down; they have not been doing
that; it is within the scope of the ordinance to do that. 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. Nays: None. Abstaining: Reid, Morgan.
COUNCIL COMMUNICATIONS
COUNCILMAN PINSON spoke in regard to the hazardous traffic situation
on I-5 caused by its narrowing in the area of Paradise Creek; Council
should use the League of California Cities by sending the League and
member agencies a resolution asking them to go on record supporting
a return to the ballot of the Coastline Initiative (or anything else
that stops improvements to highways, improvements to cities when the
local governments want to get involved in an improvement program); it
would be within the realm of the City to complain about possibly
closing that highway if it becomes sufficiently hazardous; people are
used to driving fast on a freeway and they get to that bottleneck and
they are still driving fast not realizing it is there; it is a
dangerous situation; this should be brought to the attention of the
Governor; the new Governor might realize it is a hazard; it is a
death trap; nothing has happened yet; someone is going to get killed
there. Moved by Pinson, seconded by Camacho, we not only contact the
League of California Cities and have them reguest through resolution
(reguest the League) to put pressure on the State agencies and also
notify the Governor to try to get somethia9 done on this and the
local legislators. Councilman Dalla said his understanding is that
the major entity holding this up is the U. S. Coast Guard; he does
not know what the League of California Cities can do about the Coast
Guard nor does he know what the Governor of California can do about
the Coast Guard; he is in sympathy in what Councilman Pinson is
trying to do and his concern but he feels perhaps there is a better
way of going about it. Councilman Pinson said he feels it would be
within line to have the Manager send someone out there and take
pictures of that dry land out there and send to the Coast Guard;
possibly they have never been down there and realized there is no
water out there; they think that is a navigable stream and it is
nothing but jack rabbits running around... City Manager Bourcier
said if Council directs, he will be happy to contact these agencies;
however, Council should know that Caltrans has been dealing with the
Governor's office and with the Federal government trying to push this
through; they carry a heavier punch than the City does. Mayor Morgan
asked the Attorney if the City could possibly block off the freeway?
City Attorney McLean said at the risk of life and limb. Mayor Morgan
said we have so much government we are unable to operate; the people
sit back and allow themselves to be hemmed into a corner; that is one
reason we have a depression on our hands because people just cut off
everything for the community; how can you operate if you do not have
12/17/74
414
143
people making investments and speculating. There was further dis-
cussion. Planning Director Gerschler said Council asked him to
carry the Paradise Marina dilemma to Congressman Van Deerlin's office;
that is in process; a report is about to be produced on what is
happening in Washington with the Department of Interior; we are in
contact with Van Deerlin's office on that; he can ask Mr. Van Deerlin
to inquire with the Coast Guard regarding the frettaLisol. Council-
man Pinson said that is included in the motion. Planning Director
Gerschler said they had spoken to the Coast Guard when they declared
that the Paradise Creek was navigable waterway; they challenged them;
there is only 8 inches clearance under I-5 bridge over the Paradise
Creek... At the request of Councilman Dalla, City Clerk Campbell
read the motion: "that we not only contact the League of California
Cities and through a resolution request them to put pressure on the
state agencies but also notify the Governor and our legislators" and
said the motion did not specifically mention the widening of the
freeway; there had been conversation in that regard. Councilman
Pinson said the motion was about the freeway. Carried by the
following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays:
Dalla.
VICE MAYOR CAMACHO said his wife would like to thank Council for the
flowers she received(while hospitalized) from the staff and the
Council; she is getting along just fine.
COUNCILMAN REID said the City Manager will understand what he is
talking about; perhaps, no one else will; there is one item he is
serious about; it happened unnecessarily; he feels the City has the
best employees in the County; no one fights for the raises for the
employees harder than he does; but, it seems that communications have
broken down and someone got a little over zealous and gave instruc-
tions to another department resulting in someone going out and
butchering up things they have no business in; he wants the City
Manager to know, and there is only one City Manager, and he will give
the orders. Councilman Reid asked the City Manager if he could
handle this. City Manager Bourcier said he would.
COUNCILMAN DALLA said sometime ago Council considered an ordinance
for parking lots, large parking lots and maintenance of large parking
lots; he would like that brought back to the Council at a future
meeting at Mr. Gerschlees convenience.
COUNCILMAN DALLA said this being the last regular meeting bef...,re
Christmas and New Years, he would like to take this moment to wish
the Mayor, the Council and the staff as well as everyone out there a
very happy Christmas and a prosperous New Year.
MAYOR MORGAN said the traffic signals stay on go and stop too late
at night; there is too little traffic at that hour to stop them when
it could flow right on through; he would like this checked. City
Manager Bourcier said he would bring a report to Council in this
regard.
MAYOR MORGAN said the bus system is going to raise the bus fares
from 250 to 350; he believes this is the wrong direction to take
because they will lose from 4 to 9 million riders yearly; they should
raise money some other way and perhaps make the bus rides free instead
of raising it from 250 to 350; this is the only way to get people out
of their cars and on the buses. Moved by Morgan, seconded by Pinson,
to authorize the City Manager to send a letter to the Transit Board
and tell them we are opposed to raising the bus fares from 250 to 35C.
There was discussion. Moved by Reid, seconded by Dalla, to amend the
motion to hold this over until the meeting of January 7, 1975.
Amendment failed by the following vote, to -wit: Ayes: Dalla, Reid.
Nays: Camacho, Pinson, Morgan. Motion carried by the following vote,
to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla. Abstaining:
Reid. 12/17/74
144
Mayor Morgan called an Executive Session on litigation at 8:35 p.m.
The meeting reconvened at 9:15 p.m.
ROLL CALL
Council members present: Camacho, Dalla, Pinson, Reid, Morgan.
Absent: None.
Moved by Pinson, seconded by Camacho, to adjourn the meeting to 1:30
p.m. on Friday, December 20) 1974, in these chambers. Carried by
unanimous vote. The meeting adjourned at 9:16 p.m.
City Clik
Cit of National Cl y, California
The foregoing minutes were approved by the City Council of the City
of National City at the regular meeting of January 7, 1975.
No corrections El Corrections as noted below
A
Mayor, City of Na
al City, California
12/17/74