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HomeMy WebLinkAbout1973 07-10 CC MIN88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 109 1973 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, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Assistant City Engineer Hoffland, McLean, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Reverend Milo Wood, First Baptist Church. APPROVAL OF THE MINUTES Moved by Camacho, seconded by Reid, the minutes of the adjourned meetin of June 26 and the re ular meetin of Jul 3 1973 be a roved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Waters. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS RON LOGSDON, 305 E. 26th St., (representing Fred Scott) was present and spoke in regard to the required bond for deferral of 11 street improve- ments on 4th St. and proposed putting up a bond of $5,000 ($2,500 for 4th St, and $2,500 for "R" Ave.). Asst, City Engineer Hoffland said he was asked last week to determine the amount of bond for the faithful performance of the improvement of 4th St. west of "R"; they determined that $2,500 for a period of 18 months would be adequate for that pur- pose. Mr. Logsdon said he would like to put up another $2,500 for both streets. Mr. Hoffland said Mr. Logsdon would have to ask Council this. Mayor Morgan asked what the other $2,500 was for. Mr. Logsdon said another $2,500 for "R", $5,000 for the pavement of both 4th and "R"; he has already put in the curb and sidewalk; the bond is being made up right now. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO, 11,105, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE EASTERLY TEN FEET (10') OF "E" AVENUE, BETWEEN 15TH AND 16TH STREETS." Moved by Waters, seconded by Camacho, Resolution No. 14,105 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,106, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROP- ERTY (Francis I. Tanaka and Patsy M. Tanaka)." Moved by Pinson, seconded by Reid, Resolution No. 11,106 be adopted, Carried by unani- mous vote, RESOLUTION NO. 11,107, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of 10th Street)." Moved by Reid, seconded by Waters, Resolution No. 11,107 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,108, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLA- TION OF SIDEWALK AT 2734 E, 15TH STREET (Joe R. Bland)." Moved by 7/10/73 89 Waters, seconded by Reid, Resolution No. 11,108 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,109, "RESOLUTION ACCEPTING COVENANT TRUNING WITH eTHE LAND AND DIRECTING THE RECORDING THEREOF (Joe R. Bland and Bland)." Moved by Pinson, seconded by Reid, Resolution No. 11,109 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,110, "RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COMPREHENSIVE PLANNING ORGANIZATION." Moved by Reid, seconded by Camacho, Resolution No. 11,110 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. RESOLUTION NO. 11,111, "RESOLUTION APPROVING TENTATIVE MAP -- McMILLIN'S BONITA PARK UNIT NO. 1 (CONDOMINIUM)." Moved by Waters, seconded by Reid, Resolution No. 11) 111 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,112, "RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF NATIONAL CITY AND EMPLOYEE GROUPS." Moved by Reid, seconded by Pinson, Resolution No. 11,112 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,113, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALARY PLAN, ESTABLISHING PERSONNEL CLASSI- FICATIONS AND ADOPTING SALARY SCHECULES FOR THE 1973-74 FISCAL YEAR." Moved by Waters, seconded by Camacho, Resolution No. 11,113 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,114, "RESOLUTION CALLING UPON SAN DIEGO COUNTY BOARD OF SUPERVISORS TO DISTRIBUTE REVENUE SHARING FUNDS TO CITIES IN SAID COUNTY." Moved by Pinson, seconded by Reid, Resolution No. 11,114 be adopted. Mayor Morgan said he requested the City Attorney to draw up this resolution; the County receives (federal) revenue sharing (funds) based on the population of National City and the other cities in the County plus the people in the unincorporated areas; he can see no reason why they cannot share with the cities within the County of San Diego the money received based on the population of the cities them- selves. Carried by unanimous vote. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Waters, these ordinances be presented for second reading to Council by title only. Carried by unanimous vote. ORDINANCE NO. 1371 (?/ 4-3), "AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 212 OF THE MUNICIPAL CODE BY ADDING SECTION 2125 EXEMPTING FAMILY DAY CARE HOMES FROM BUSIN SS LICENSE REQUIREMENTS." Moved by Pinson, seconded by Camacho, Ordinance No. 1371 (q/4/44-4) be adopted. Vice Mayor Pinson called to the City Attorney's attention that this ordinance was presented out of sequence. Carried by unanimous vote. ORDINANCE NO. 1372 (q714/? --1) , ?'AN ORDINANCE AMENDING NATIONAL CITY ZONING CODE (ORDINANCE NO. 962 AS AMENDED BY ORDINANCE NO. 1315) TO PROVIDE SPECIFIC CRITERIA FOR THE REGULATION AND MAINTENANCE OF FLAGS, BANNERS AND BUNTING." Moved by Camacho, seconded by Reid, Ordinance No. 1372 (4/3/43--1) be adopted. Carried by unanimous vote. ORDINANCE NO. 1373 (g//73-a), "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-5-73, to prezone to TRC-PD, Tourist, Commercial, Recreation Planned Development Zone, Northeasterly Corner of the Intersection of Bonita Road and Bonita Mesa Road and Easterly of Bonita Mesa Road and Southerly of the Bonita Golf Course - Bradley)." Moved by Pinson, seconded by Camacho, Ordi- nance No. 1373 (q/4/?a-2) be adopted. There was discussion regarding the proposed equestrian park ordinance. Carried by unanimous vote. 7/10/73 90 REPORT OF THE CITY ATTORNEY CITY ATTORNEY McLEAN reported the application of the Sante Fe Railroad for a new hearing on their intent to close the National City freight agency was denied by the Public Utilities Commission. CITY ATTORNEY McLEAN reported this morning we had a trial concerning the claim of Baynard against the City for damages arising from a col- lision between his vehicle and a police car; the City was found to be free from legal responsibility and his claim was denied. CITY ATTORNEY McLEAN said this afternoon we held a hearing before the Alcoholic Beverage Control Agency concerning the City's protest of the issuance of the beer and wine off -sale general license to the U..Totem Markets for a proposed premise at 18th and C Street; the staff of the Alcoholic Beverage Control recommended against the license; he appeared on behalf of the City; the Chief of Police testified as our witness; the matter is now under submission; we will probably have an answer within 30 days. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Retirement Gas Tax No. 2107 Sewer were presented: $ 5,244.99 14,997.43 548.96 13,204.85 766.10 621.68 Total $35,384.01 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. PAYROLL AUDITED BY THE FINANCE COMMITTEE for the period ending June 30, 1973, in the amount of $134,715.82 was presented. Moved by Camacho, seconded by Reid, payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS COMMUNICATIONS regarding ENCROACHMENT OF APARTMENT HOUSE DEVELOPMENT on City property (Communications from: City Manager stating the northerly property line of the 5-unit dwelling on the west side of Sheryl Lane is 77' from the concrete drainage pipe at the northwest corner of the apartment house property; this area is City owned and would be very useful in case of problems within the 10' pipe that runs from approximately 14th to 20th Streets; City Engineer attaching a chronological report from F. W. Baker, Civ. Engr., Tech. I; Attorney Jack N. Bradshaw, representing Mr. Fred Scott, stating his client inadvertently encroached upon City property during construction at 1420 Sheryl Lane) were presented. Moved by Morgan, seconded by Waters, we refer this to Staff and have them come back with plans of how this could be worked out satisfactorily, how many feet he needs, etc. and them Council can make a decision after we get this report. There was discussion. Moved by Reid, seconded by Waters, the motion be amended to include that we sell this sentleman the 7' wide strip for $1.58 and 212-c—tastothesideardsetbad------Y------(onthe opposite ide aR--2)fther°ert he make an application for zone variance and that will be processed in the normal course of events. Amendment carried by the following vote, to -wit: Ayes: CamachoO'reaid, Waters. Nays: Pinson, Morgan. Mayor Morgan said that takes/oribe original motion. RON LOGSDON, 305 E. 26th St., thanked Council. Planning Director Gerschler asked Mr. Logs- don to come in to see him tomorrow morning. (see page 91, paragraph 3) 7/10/73 91 The CITY MANAGER'S memo stating the request from VAN WATERS & ROGERS, 2100 Haffley Ave., for permission to leave and waive the instructions to remove the asphalt paving between the sidewalk and their property line in front of their building before final inspection can be made was contrary to City Ordinance was presented. Moved by Waters, seconder by Camacho, in favor of Van Waters & Rimers request. Carried by unani- mous vote. The request by NATIONAL CITY COMMUNITY RODEO ASSOCIATION, INC. for permission to erect a sign on the north side of the officials' stand at Kimball Park was presented. Moved by Waters, seconded by Pinson, in favor of the National City Rodeo Association to erect a sign and that it meet the requirements of the temporary si n ordinance of the City of National City (sign be erected not more than 45 days prior to and be removed 2 weeks after the rodeo) and they make an application to the Planning Department lamended motion). Carried by unanimous vote. The CITY ATTORNEY said he would like to straighten something out before Council goes any further; Assistant City Engineer Hoffland brought to his attention that the man representing Fred Scott (Ron Logsdon) has offered to bond for two streets; Assistant City Engineer Hoffland said according to the instruction, Mr. Scott was to improve "R" St. and to bond for 4th; in Mr. Logsdon's oral communication to you, he asked to be allowed to bond for both streets and no vote was taken on :that. City Attorney McLean asked if Council intended to waive "R" St. improve- ments now or not? Council agreed that improvement of 4th St. only was to be waived and that "R" Ave. was to be improved. NEW BUSINESS Consent Calendar Items: (a) Items to be filed with the City Clerk: (1. Certificate of Insurance cancelling and replacing the certificate issued on Police No. 650-9099791 from Travelers Insurance Company insuring John G. Woolman Enterprises, John G. Woolman, dba, 3737 - 5th Ave., San Diego - present Police No. 650-285A888-0-COF effective 4/1/73-74; 2. Cover letter from Lions Club, attaching copy of insurance coverage for 4th of July celebration in Kimball Park, Policy No. RTI 17 42 30, from Cory & Adams, Inc., 2021 Spring Road, Suite 210, Oak Brook, Illinois; 3. Cancellation Notice and reinstatement Certificate of Insurance covering Dixieline Lumber Company, P. O. Box 80307, San Diego, Policy No. RWP069342); (b) City Manager's memo recommending minutes of 6/20/73 meeting of Civil Service Commission be approved and filed and stating that the only change of note is that the eligibility list will be for a period of one year with a possible extension of six months (minutes attached); (c) Communication from County Administrator to Board of Supervisors regarding Board discussion on May 29, 1973 relative to Office of Emergency Services; (d) Public Utilities Com- mission Order Instituting Investigation on the Commission's own motion into methods of compliance with the Environmental Quality Act of 1970, Case No. 9452, Decision No. 81484. City Manager Osburn said in regard to Item 1(b) this is to change the Civil Service rules and regulations that makes the results of tests and the eligibility list last one year instead of six months and instead of havingtwo six-month extensions or two possible six-month extensions, we will have one six-month exten- sion; this appears to work out better because the list will still be good...when it is determined whether or not an individual has made the probationary period and if this is approved by Council, we will bring in a resolution amending the rules and regulations. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. There was discussion. Asst. City Manager Stenberg said at the present time they are notifying the departments; this is a relatively new procedure. Councilman Waters asked Mr. Stenberg to discuss this with the Civil Service Commission: he has noticed some of the City employees are on different lists throughout the County; the length of these lists are beginning to bother him; he would like Mr. Stenberg to look into this situation; how does this affect other people's chances of getting jobs; 7/10/73 92 in other words, people who have been here for years sometimes remain on lists in other cities for years; he does not think it is right for someone who has a permanent job to be allowed to maintain their name on another list in some other town and possibly keep someone without a job...Assistant City Manager Stenberg said he would prepare a report. Carried by unanimous vote. Consent Calendar ordered filed by unanimous vote. The application of CALVARY BAPTIST CHURCH for refund of $100 perfor- mance bond and the Engineering Department's statement of approval were presented. Moved by Camacho, seconded by Reid, in favor of Calvary Baptist's request. Carried by unanimous vote. A communication from NATIONAL SCHOOL DISTRICT requesting that installa- tion of sidewalks be waived at its property, north end of 14th St. between "M" and "N" Avenues was presented. Moved by Waters, seconded by Camacho, in favor of the National School District's re uest. Carried by unanimous vote. The application for NEW OFF -SALE BEER AND WINE LICENSE by FAIRMONT FOODS COMPANY, dba U-TOTEM, 1538 Harbison Ave. and Police Chief's memo stating effective date of the license is shown as 6/12/74 with no firm explanation of the one year delay in effective date of license and recommended consideration be given to protesting application; if appro- priate plans are submitted and approved, protest can be withdrawn were presented. Councilman Waters presented a petition protesting this particular application signed by 26 people in the general vicinity of Harbison and 16th Sts. who object to this because there is already a liquor store right there and there is one just down the street and also at 16th & Harbison; the traffic is bad now; that is near residential and there is already a tremendous traffic peoblem there and they object to the sale of beer and wine license by the Fairmont people. There was discussion. Moved by Waters, seconded by Pinson, that the application for a new off -sale beer and wine license for Fairmont Foods Corp. at 1538 Harbison be protested. Carried by unanimous vote. City Attorney McLean said he would suggest, in view of his most recent experience in appearing at these protests, that the basis of your concern be the fact that the site is not suitable for this commercial application; that you refer the matter to the Planning Commission immediately for rezoning; if what you are concerned about is parking across the street, that is not related to the beer and wine license --the fact that it is going to be a grocery store; if you go into the ABC hearing and say we don't want it because there is going to be too much parking across the street; they will say what has that to do with beer and wine; so, if the property is not suitable for commercial development, the matter should be referred to the Planning Staff for a report; if the Planning Staff reports they don't think it is suitable for a commercial estab- lishment, Council can adopt an emergency rezoning pending a hearing and that will cut it off for certain. Moved by Morgan, seconded by Waters, ElationbearovedtheAttorne'srecon. Carried by unanimous vote. A communication from JERAULD'S AUTOMOTIVE AND MUFFLER SERVICE regarding encroachment of improvements on City property stating a portion of their apron extends onto City property at 2020 National Ave. and if the City wishes to install sidewalks and curbs there, he will remove upon request the portion in question and City Engineer's memo stating since property owner agrees to remove his improvements upon request, his department offers no objections to issuance of encroachment permit were presented. Moved by Waters, seconded by Camacho, in favor of Jerauld's Automotive and Muffler Service business. Carried by unanimous vote. The CITY CLERK'S report on opening of sealed bids for Tires for trucks and passenger cars for 1973-74; four bids received: South Bay Tire Co., Firestone Store, Goodyear Service Stores, Dorman's Inc. (Document Nos. 51491, 51492, 51493, and 51494) was presented. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on 7/10/73 93 file. City Manager Osburn said the Public Works Director has studied these bids and recommends Council award the bid to Dorman's Inc., the low bidder. Moved by Waters, seconded by Pinson, in favor of Dorman's Tire Company. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported on June 27th the Rodeo Association requested permission for a Carnival to be held in the South Bay Plaza parking lot from July 11 to July 22; this was approved by the City Council on July 3 and on the 5th they were notified by letter that they had to comply with our City ordinances; a report from the Chief of Police indicates they have not done so as yet; they are expecting to open tomorrow morning; their insurance is okay; we do not have any names and driver's license numbers for the operators of the games, etc. The City Manager requested permission to hold this up until this information is supplied. Moved by Waters, seconded by Reid, in favor of the Carnival and that it can o en onl on the sa so of the Cit Mana er when he has received the proRer cove ra e of the ordinances and the p9pr names and numbers. Carried by unanimous vote. CITY MANAGER OSBURN reported the Engineering Dept. was notified by the State Department of Transportation that Edgemere Road will be closed temporarily from July 16th to August 1; our Police Department and Fire Department have been notified. CITY MANAGER OSBURN said there are approximately 10 people in the Fire Department who are eligible for the position of Chief and requested permission to set up an oral board of highly experienced people, two Fire Chiefs and one City Manager from some other part of the State and have them given these ten men, or how many who want to take the test, a complete oral examination and we will come up with a list and make a recommendation. Moved by Reid, seconded by Waters, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY MANAGER OSBURN said we have approved basically a tentative budget in our Budget Sessions and requested Council adopt it as an operating budget from now until the time we get our complete assessed evaluation and adopt a final budget. Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation that we adopt the tentative budget for 1974. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER said he has before him a plan drawn for the construction of the Balboa Datsun Agency on National Ave., between 28th and 26th Sts.; the plan is ready for the issuance of building permits; there are two driveway situations: one is on 28th St. where two drive- ways are closer than the 25' separation and the other on 26th (244h) St. where it is closer than the 5' minimum distance from the curb return. Mr. Gerschler said these two variations or modifications have been reveiwed by Staff and found to be desirable in the best interests of the project; he reviewed this with Council prior to this meeting, showed this plan identified as sheet 1 of the building permit applica- tion plan, dated and stamped by the Planning Department on July 5, 1973 and requested approval of this plot plan. Moved by Camacho, seconded by Reid, in favor of the Plannin Director's recommendation. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR PINSON spoke in regard to traffic problems on 8th St., specifically the difficulty of left turns at Highland Ave. Moved by Pinson, seconded by Morgan, this be referred to the Traffic Safety Committee for a study and bring something definite before this Council and let's get something done about this traffic. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. 7/10/73 94 COUNCILMAN REID said the emergency interim ordinance (open space ele- ment) has him worried; he feels he made a mistake in voting for this; if there were any way he could rescind his vote tonight, he would do so. Planning Director Gerschler said the plan itself needs to be improved; it was not the intent to do what it says it does; the matter is scheduled for hearing; the (Planning) Commission will have the hearing next Monday; Council will have a hearing in about three weeks; this is to pick up problems like this; he fully agrees with Mr. Reid; he recognizes the problem and discussed it with the City Manager today; this is the purpose of the hearing; an amended version he will be happy to go over it with Council in the next day or two. COUNCILMAN WATERS spoke in regard to the speed limit on 4th St.; ever since it went from 25 mph to 35 mph it has been a problem; the people were traveling around 35 to 45 mph when it was 25; now that it is up to 35 they are going up to 50 mph; the residents in the area feel if it were dropped back to 25 they would be in a little better shape. Moved by Waters, seconded by Reid, to refer the traffic on 4th St. to the Traffic Safety Committee for a study. Carried by unanimous vote. COUNCILMAN WATERS spoke in regard to the San Diego Bus Company; they already have the full 5% that everyone is paying for...every time you pump your car full of gas, the person who drives a car pays 5% for the privilege of a 1% ride on the busses; they claim by the year 2000, only 2.4% will be riding the busses and it will cost the taxpayers $50- million; the point that irks him is when...Prior stood here before this Council and criticized him, Mr. Waters, on his idea of mini -busses; he said they, the San Diego Transit, did not go for mini -busses; well, for the first time in the history of the bus company, here he is on the front page of the newspaper...the City has already authorized him over $5-million...and he had the guts to go ahead and request from the federal government a grant for another $2-million of the taxpayers money; what do you think he is buying? mini -busses; he is buying 33 mini -busses for the smaller outlying cities. MAYOR MORGAN said he has been requested by the Senior Citizens to set up a Senior Citizens Committee, and if there is no objections, he will set up by resolution a 5 person committee of Senior Citizens to advise Council on their problems and this sort of thing if Council has no objection; in 1980 we will have 4,200 Senior Citizens over 65; they would feel more comfortable if they had people who represented them. There was discussion. MAYOR MORGAN said he has talked about the area west of the boat launching ramp several times but has never started a zone change on this piece of property for tourist oriented recreation area; he feels it is time to start; he has talked to the Port District and they have been in favor of this suggestion because 54 will come in there and dead end there. Moved by Morgan, seconded by Reid, this zone change be referred to Staff and the Planning Department for study and public hearing and bring back a recommendation to Council workin throu h the Port District. There was discussion. Carried by unanimous vote. MAYOR MORGAN said he has been thinking about these beer and wine licenses applied for in National City;...if we don't watch it we are going to have something like downtown National City; he thinks it is time to guard against this; we have 6 very close to 24th and Highland in National City. Moved by Morgan, seconded by Reid, we authorize the Attorney to come up with the amount of, the numbers of, beer and wine license that we have in the City of National City and see if we have too many for our population within the City of National City. There was discussion. Motion failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Camacho, Pinson, Waters. VICE MAYOR PINSON said the Port Commission has been hearing discussion on airplanes landing at Lindberg Field and they are going to try to 7/10/73 95 outlaw them from midnight to 6 a.m.; Council should go on record opposing this; he would hate to get stuck somewhere and could not get a flight because of the restriction at Lindberg Field; he does not feel that the aircraft coming in at Lindberg should be bothering anyone. There was discussion. The City Manager was requested to bring back a report next week. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:30 p.m. C1 Clerk ity of Nati al City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of July 18, 1973. No corrections Corrections as noted below 1 Mayorit'6Natiofla1 City, California 7/10/73