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HomeMy WebLinkAbout1973 07-17 CC MIN96 MINUTES OF THE REGULAR METING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 17, 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 regular meeting of July 10, 1973, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. ORAL COMMUNICATIONS RON LOGSDON, 305 E. 26th St., (representing Scott Construction Co,) was present in regard to Resolution No. 11,127 and was advised to speak when the resolution was brought to the floor, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be yresented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,115, "RESOLUTION ABANDONING EASEMENTS (Lot 21 of Bahia Vista Subdivision)," Moved by Reid, seconded by Pinson, Resolution No. 11,115 be adopted. Carried by unanimous vote. RESOLUTION NO, 11,116, "RESOLUTION URGING THE UNITED STATES CONGRESS TO TAKE STEPS TO ALLEVIATE GAS SHORTAGE . " Moved by Pinson, seconded by Reid, Resolution No, 11,116 be adopted. Carried by unanimous vote_, RESOLUTION NO. 11,117, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO PURCHASE REAL PROPERTY ON DIVISION STREET (Esther Ramirez)." Moved by Waters, seconded by Reid, Resolution No, 110117 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,118, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Burger King Corporation)." Moved by Reid, seconded by Pinson, Resolution No. 11,118 be adopted. Carried by unanimous vote. r I+�I A+tir+wrrrrw RESOLUTION NO. 11,119, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Eighth Street)." Moved by Reid, seconded by Waters, Resolution No. 11,_119 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,120, 'DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Highland Avenue)." Moved by Waters, seconded by Reid, Resolution No, 1112O be adopted, Carried by unanimous vote. 7/17/73 97 RESOLUTION NO. 11,121, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL- LATION OF CURB, GUTTER, SIDEWALK AND PERMANENT PAVING FOR ONE..HALF THE STREET WIDTH AT THE INTERSECTION OF DELTA PARK AND DELTA STREET (Delta Park Investors .» 201 North Highland Avenue) ." Moved by Pinson: seconded by Morgan, that Resolution No. 11,121 be adopted subject to the ostin of a bond in the amount of 110% of the estimated cost of the work as determined by the City ngineer. . There was discussion. Carried by unanimous vote. RESOLUTION NO. 11,122, "RESOLUTION APPROVING TENTATIVE MAP LS.94.73, NORTHEAST CORNER CF 16TH STREET AND ORANGE AVENUE (Abel F. Aranzubia )," Moved by Waters„ seconded by Reid„ soluti ; n, No► 1,122 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,123, "RESOLUTION AUTHORIZING EXECUTION OF RIGHT OF WAY PURCHASE AGREEMENT BETWEEN MRS. DOROTHY L. KANE AND THE CITY OF NATIONAL CITY." Moved by Reid, seconded by Camacho, Resolution No. 114123 be,,_ adopted, Carried by unanimous vote. RESOLUTION NO. 11,124, "RESOLUTION ABANDONING EASEMENT (Lot 65 of Sweetwater Heights)," Moved by Pinson, seconded by Reid, Resolution No. 11,124 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,125, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AME 1 D ING RESOLUTION NO. 10,891 ADOPTING THE NATIONAL CITY CIVIL SERVICE RULES AND REPEALING ALL OTHER RESOLUTIONS IN CON- FLICT THEREIN," Rule III, Sec. 316(c) of Civil Service Rules be amended to read, "An eligibility list shall be in effect for 12 months from date of promulgation with one six-month extension, at the request of the department head involved, through the Personnel Officer.' Moved by Pinson, seconded by Reid, Resolution No, 11 125 be ado ted.. There was discussion. Carried by unanimous vote. RESOLUTION NO. 11,126, "RESOLUTION ElOORSING THE ACTION OF THE CITY OF TECATE TO OBTAIN A 24.HOUR DAY SERVICEAT PORT OF ENTRY." Moved by Camacho, seconded by Reid, Resolution No, 11,126 be adopted,. Carried by 'unanimous vote. Resolution No, 11,127, "Resolution Deferring Requirements for Instal lation of Half Street Paving at 1740 4th Street (Scott Construction Company).'" Moved by Reid, seconded by Waters, Resolution No, 111_127 be adapted. Mayor Morgan said this resolution covers only 4th St., not "R", RON LOGSDON, 305 E. 26th St,. (representing Fred Scott Contruction Company), was present and requested "R" Ave. be included; he talked to the City Engineer and he required a $2,500 bond for 4th St.; "R" is just as bad (as 4th ),..it is` about '21/2 feet above the existing surface; as he understands it, the State has a contract coming in within 18 months; he is willing to put up another $2,500 bond which the City Engineer says is adequate for the deferral of the half street paving for "R" also. Asst. City Engr. Hoffland said„ as Mr, Logsdon mentioned, there is about 11/2 to 2.ft. grade difference at 4th and "R"; this could be transitioned out with asphalt and temporary work; they did not feel, there was a real safety hazard there; as Mr. Logsdon pointed out, the Division of Highways is planning a project within the next 18 months to do same improvement on 4th and also a portion of "R"; they did verify the costs involved; if Council so desires, another $2,500 bond would be adequate for the improvement on "R",. There was further discussion. Motion and amendment with- drawn. RESOLUTION NO, 11,127, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTAL LAT ION OF HALF STREET PAVING AT 1740 4TH STREET AND ON "R" AVENUE FOR THE LENGTH OF THE SUBJECT PROPERTY (Scott Construction Company )." Moved by Pinson, seconded by Reid, Resolution Nos 11,127 be adopted. Carried by unanimous vote. 7/17/73 98 RESOLUTION NO. 11,128, "RESOLUTION ACCEPTING COVENANT RUINING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Delta Park Investors)." Moved by Pinson, seconded by Camacho, Resolution No, 11,128 be adopted There was discussion, Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Waters, ordinance be presented to Council for first reading by title only. Carried by unanimous vote. ORDINANCE NO. 7/17/73 0 "AN ORDINANCE AMENDING CHAPTER 65, ARTICLE 651, OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 6541 RELATING TO BICYCLE LICENSE ANI) REGISTRATION FEE." REPORT OF THE CITY ATTORNEY .- None,. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $17:394.50 Traffic Safety 6,007.10 Capital Outlay 19,000,00 Park 3,142,45 Retirement 12,476,04 Revenue Sharing Fund 1,526.75 Sewer 13.32 Total . ,__$ 5_9, 560..16 Moved by Reid, seconded by Camacho, these bills be paid and warrants drawn, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS A report from the DIRECTOR of COMMUNITY DEVELOPMENT stating no funds are presently available for elderly and low and moderate income hous- ing programs was presented,. Ordered filed by unanimous vote. NEW BUSINESS Consent Calendar Items: (a) Copy of communication from City of Carlsbad to Comprehensive Planning Organization, notifying them their Council approved Amendment No. 1 to the CPO Joint Powers Agreement (cover letter attached); (b) Notice from Donald D. Wear, Jr., Attorney, that Mission Cable TV., Inc,,, 1175 N. Cuyamaca St., El Cajon, has filed application for modification of its CARS -LDS construction permit which provides local microwave distribution of broadcast and non. - broadcast services to its CATV systems serving the San Diego area; (c) Notice from Army Corps of Engineers that application has been made by the Cardiff Sanitation District, Dept„ of Sanitation and Flood Control, County Operations Center, to install 230 ft,. of 12-inch sewer line under San Ei i j o Lagoon within right-of-way and easterly of I.-5.. Anyone having an interest which may be adversely affected may request a public hearing* Drawing attached; (d) Letter of acknowledgment from Gov. Reagan of Resolution No. 11,087 concerning SB 90 Disclaimers; (e) Notice of Prehearing Conference before the Public Utilities Com- mission, Case No, 9365, regarding Investigation on the Commission's Own Motion into the Planning, Construction, Operations, Practices, Aesthetices, & Economics of Overhead & Underground Transmission Facili- ties of all Electric Public Utilities in the State of California, (Conference scheduled for 10 a.m., August 14 and August 15, Commission Courtroom, San Francisco.); (f) Communication from Local Agency For-i oration Commission regarding filing and processing fees and enclosing a brief narrative of the procedures involved in paying the appropriate fees, Moved byPinson* seconded by Camacho, consent calendar be approved, Carried by unanimous vote. 7/17/73 99 The LICENSE COLLECTOR' S transmittal recommending request by LEUKEMIA SOCIETY OP AMERICA, INC. be granted for a permit to conduct a resin. dential campaign during September 1973 was presented,. Moved by Pinson, seconded by Reid, in favor of the License Collector's recommendation. Carried by unanimous vote.` A communication from MUELLER TRUCK COMPANY, 2425 Wilson Ave., offering to purchase city owned land and stating property is situated in area of their present location, lying between 19th St. on the north, and 22nd St. on the south; total purchase price offered, $75,000 was pre- sented. Moved by 'Waters, seconded by Camacho, this be referred to the Real Estate Committee. Mayor Morgan, Chairman of the Real Estate Committee, called a Real Estate Committee meeting, Conference Room 227 at 4:00 p.m. Friday, July 20, for discussing the Mueller purchase of City land; the meeting is open to the public. Carried by unanimous votes A communication from POLICE CHIEF LIESMAN transmitting applications for ON,.SALE GENERAL LIQUOR LICENSE by G. H. DODDS , INC., DBA HARO D' S CLUB, 29 West 8th St. and ETHANOL, INC., DBA BUMP CITY, 730 National Avenue and stating these applications involve transfer of stock only and in no way affects type of license already issued to premises and recommending applications be filed was presented. Moved by Camacho„ seconded by Pinson, this be filed. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None, Abstaining: Morgan. The CITY MANAGER'S memo regarding amendment of contract between the CITY and the PUBLIC EMPLOYEES' RETIREMENT SYSTEM relative to classi- fication of POLICE DISPATCHER -MATRON (safety member) and stating that if this were approved, the City Attorney should be directed to prepare a resolution of intention to be submitted at a subsequent Council meeting and a communication from the Police Chief in this regard were presented. Moved by Reid, seconded by Waters;, in favor of the City Manes er is rec endation on this. Carried by unanimous vote* REPORTS CITY MANAGER OSBURN reported receipt of a letter from AL ALVARADO requesting permission to move about four self-contained units into either the Pony League Field or the Archery area in Kimball Park for housing the business managers, the managers and coaches of the four teams that are coming in for the Regional and Divisional Tournaments; these units will pose no problem so far as can be determined at this time. Moved by Camacho, seconded by Reid, this request be granted. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER said at the last meeting Council considered a referral from the Alcoholic Beverage Control Board regarding the issuance of an off -sale beer and wine license at l6th and Harbison Avenues for a U.TOTEM market; on recommendation of the City Attorney, the question of the appropriateness of the existing zoning was re- ferred to the Planning Dept. for report; Council has the Planning Director's memo of July 13, 1973, where he reports on the existing zoning and his opinion of the appropriateness of the existing zoning; he suggested in the memorandum that City Council probably has only one alternative to consider and that would be the reclassification of the property from its existing C-2 zoning to C-2-PD zoning which would give Council the authority to review any plans for construction of any kind of market or store at this location; the rationale behind this alternative is this, the protest petition presented to Council by a number of people in the area referred to traffic flow, congestion and that type of hazard; those things can be reviewed under the C-2- PD plan review process; if Council were of a mind to do something with the zoning, that would probably be the action to take; if the Council adopted C-2..PD zoning by interim urgency ordinance so it would go into effect immediately, the City Attorney might advise you that you could 7/17/73 100 then inform the Alcoholic Beverage Control Board that the applicants have not complied with all the local zoning requirements yet and they would probably hold the liquor license application until, in fact, the developer of the market has submitted the plans to the Council and achieved approval. There was discussion. Moved by Pinson, seconded by Waters, to adoRt an interim emergency ordinance to place this in C.»2..PD zone, There was further discussion, City Attorney McLean said the ordinance will be presented next Tuesday and he will inform ABC of Councils' intentions; we will not issue any permits pending Council action. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN REID inquired about land purchased for parks; it is posted with a "no trespassing" sign and the kids can't play on it instead of playing in the streets, City Manager Osburn said the sign is there because people were parking their cars there and working on them. There was discussion. Mayor Morgan asked if signs could be posted to read this is for the kidts piay...City Manager Osburn said he would have something posted to take care of this, Vice Mayor Pinson sug- gested the Police ticket those cars parked up there. COUNCILMAN WATERS spoke in regard to senior citizens who complain that they are being taxed out of their homes; he would like the City Attorney to come up with some type of resolution to the State legis- lators saying that anyone over 65 years of age who makes less than $10,000 be exempted from the property tax and income tax. Moved by Waters, seconded by Pinson, that the City Attorney draw up some type of resolution to consider anyone who makes less than 10,,00, 65 years of age or over, be considered for exemption from yroperty tax and income tax. City Attorney McLean asked if Mr. Waters is speaking of State property tax, federal income tax or state income tax? Council- man Waters said all of them. There was discussion. Carried by unanimous Vote. MAYOR MORGAN asked City Manager Osburn when we are going to bid on Division St, Asst. City Engineer Hoffland said assuming that our right .of -way acquisition is concluded shortly; he thinks they have about 90 days before they can get a contractor in; we can advertise in 45 days, Mayor Morgan asked if he is ready to go to contract now? Mr. Hoffland said no, 45 days; some of the right -of --way negotiations have altered the plans; they are bringing those up to date. MAYOR MORGAN asked City Manager Osburn if he has everything on the Public Works; the land appraisals and people to do the appraisals and everything there so nothing holds that up? City Manager Osburn said no, they have a soil problem there; they will meet with the architect next week and determine what is to be done with this problem, how this can be solved; we will also ask, within two weeks, to hire an appraiser; in the meantime we will get in touch with all the property owners as soon as we can find out how much property we will have to take down there and notify them that this is coming about and go through the Coastal Commission and the Environmental Impact report. MAYOR MORGAN said last week Council voted on the markings at 8th and Highland; he wants to notify the Traffic Safety Committee that he is not going to vote to change Highland from the way it is now. HEARING The continued HEARING on appeal of denial of ZONE VARIANCE Z-4-73 to reduce the required 10' setback on Highland Avenue to 5' 10" at 804 E. 4th St. by QUINT° REALTY was held at this time, A communication from Philippine Diversified Investments, Inc., stating their consent to limiting the zone variance to 5 years, agreeing to either remove the building at 804 E. 4th St, or return it to residential use at that time was presented. Planning Director Gerschler said last time this 7/17/73 101 was before the City Council it was referred to the City Attorney and Planning to meet with Mrs Quinto and see if some time -limit agreement could be worked out so the existing building could remain there; after consulting with the City Attorney, he met with Mr. Quinto and proposed two alternative methods that he could use in limiting the time of the use; Council has Mr. Quinto's letter of July 11, 1973, where apparently he and his Board of Directors have agreed to a variance for 5 years when they will remove the building or return it to residential use; if the City Council finds this agreement acceptable (from Staff viewpoint it is acceptable), we would suggest that you instruct the City Clerk to record it with the County Recorder; if the City Council approves the zone variance with whatever agreements are proper, Mr. Quinto still would have to go back to the Planning Commission and reapply for his building conversion permit; that is the permit to convert a resi- dence into a commercial building. There was discussion. No one appeared in this regard. Moved by Morgan, seconded by Camacho, the hearing be closed and the Planner's recommendation and the variance and everything be approved, City Attorney McLean said the motion is to grant the variance on the condition that it be 5 years at which time the applicant will either remove the building or return the existing building to residential use and he will execute the documents necessary to guarantee that promise. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:25 p.m. City of The foregoing minutes were approved by the of National City at the regular meeting of No corrections Corrections as noted below City Clerk National City,, California City Council of the City July 18, 1973. Mayor,, Ci.t o National City,, California 7/17/73