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HomeMy WebLinkAbout1973 09-25 CC MIN175 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 25, 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. Administrative officials present: Campbell, Foster, Gerschler, 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 Rev. W. V. Prindle, Highland Avenue Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetin of Se tember 18 1973 be a roved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read the proposed proclamation, "White Cane Days," October 1--6, 1973. Moved by Reid, seconded by Camacho, this proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the proclamation to Dan Stewart, a member of the Lions Club, who thanked the Mayor on behalf of the Lions Club. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,177, "RESOLUTION AUTHORIZING EXECUTION OF RIGHT.. OF -WAY PURCHASE AGREEMENT BETWEEN BENJAMIN H. FISH AND GERTRUDE J. FISH AND THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Reid, Resolution No. 11,177 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,178, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO PURCHASE REAL PROPERTY FOR DIVISION STREET RIGHT-OF-WAY (Benja- min H. Fish and Gertrude J. Fish)." Moved by Pinson, seconded by Reid, Resolution No. 11,178 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be read to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 9/25/73-1, "An Ordinance Amending Ordinance No. 962 to Add Thereto Specific Provisions to Allow Certain Types of Catering Services in the C-3-A, General Commercial Zone." Ordinance No. 9/25/73-2, "An Ordinance Adding Article 553 to Chapter 55, of the National City Municipal Code to add Provisions for Public Nuisance Vehicles and Amending Zoning Ordinance 962 of the City of National City to Provide that One (1) Inoperative, Dismantled or Wrecked Motor Vehicle Shall Constitute Prima Facie Evidence of an Automobile Wrecking Yard." 9/25/73 176 ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, ordinances be presented to Council for adoption by title only, Carried by unanimous vote. ORDINANCE NO. 1384 (9/18/7a-1) , "AN ORDINANCE AMENDING ORDINANCE NO. 962 TO ADD PROOVISIONS FOR AN EQUESTRIAN PARK (A. 5. 73) ," Moved by Pinson, seconded by Camacho, Ordinance No. 1384 (9,l8/n-}) be adopted. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. ORDINANCE NO. 1385 (9/14/74.-2) , "AN ORDINANCE AMENDING ORDINANCE NO* 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA ZC-6-73, to Rezone from C-2--PD (Limited Commercial Planned Devel- opment) to R -PD (Residential Planned Development) the C-2.PD Zoned Property on the Southerly Side of the 3700.-3800 Blocks of Sweetwater Road, Excepting Therefrom the Northeasterly Corner of Said Property (Approximately 2 Acres) --Dwain Kanto} ." Moved by Camacho, seconded by Reid, Ordinance No. 1385 (9/18/73.-2) be adopted. There was discussion. Carried by the following vote, to wit: Ayes: Camacho, Pinson, Reid, Nays: Waters, Morgan. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $21,080.83 Traffic Safety 159.85 Park 524.49 Drainage 498.62 Sewer 26,490.56 Total $48,754.35 Moved by Waters, 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. UNFINISHED BUSINESS The PLANNING DEPARTMENT transmittal in regard to the application for deferral of one-half street paving at 1318 Lanoitan Avenue, by FONT, INCORPORATED, and stating the Planning Commission recommended denial based on the City Engineer's recommendation was presented. Moved by Morgan, seconded by Reid, the Planning Commiss ion' s recom- mendation mendation be approved. There was discussion. LLOYD NEELY (Font,. Inc., 1044 Broadway, Chula Vista) was present and said if you put it all in concrete or blacktop, it would not help the rest of the street at all; once you get a 1911 Act it would all have to be torn out; if he puts something in there to hold 100 tons, it would not help the rest of the street; it would just be a patch job; he would rather give the City the money. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. NEW BUS INESS CONSENT CALENDAR: (a) City Managerts recommendation minutes of organizational meeting of Senior Citizens Advisory Committee be approved and filed (minutes attached); (b) Communication from San Diego County Fish & Game Association stating their Board of Directcas unanimously endorsed the "Paradise Marina Feasibility Study;" (c) Invitation by South Bay Irrigation District to Mayor, City Council- men, City Manager and their wives to be their guests at San Diego County Water Agencies Quarterly Dinner Meeting, Thursday, October 18, 1973, 7:30 p.m., Glenn Restaurant, 4475 Bonita Road, Bonita; 9/25/73 J 177 (d) Communication from Lt. Governor Reinecke stating a questionnaire will be sent to the City soon to be used in providing them with the City's views on many of the issues raised by their local government reform effort; (e) Items to be filed with the City Clerk: (1) Certificate of Insurance from Barney & Barney, 1010 Second Avenue, San Diego, covering Bay Cities Ambulance, Inc, and 0. Stephen Ballad & Ballard's Ambulance Service, P. 0. Box 1361, Chula Vista, Policy No. AD 031184; (2) Certificate of Insurance from Barney & Barney, 1010 Second Avenue, San Diego, covering Radio Cab Company, Inc., 2504 "C" Street, San Diego, Policy No. 58 C250237; (3) Letter from San Diego County Water Authority, 2750 4th Avenue, San Diego, dated 9/5/73, enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of 8/31/73, and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1973-74; (4) Letter from San Diego County Water Authority, 2750 4th Avenue, San Diego, reporting Authority operations for month of August, 1973; (5) Minutes of adjourned regular meeting of Board of Directors of San Diego County Water Authority dated 8/16/73. Ordered filed by unanimous vote. A communication from HELEN PUTNAM, MAYOR, CITY OF PETALUMA, CALIFOR- NIA, requesting financial help in litigation and stating their city has adopted an unusual and unique plan for orderly, non -chaotic growth of the city which has been challenged by lawsuit; the result will be of benefit to all cities, counties and public agencies in the State and suggesting a contribution of $250 was presented. Moved by Pinson, seconded by Waters, to grant this request. There was discussion. Carried by unanimous vote. A letter from JOHN D. MANN, 130 E. 28th Street, National City, requesting Council reconsider its action authorizing the sale of all City owned land lying between "A", "B", 29th and 30th Streets and suggesting the City retain the canyon portion as open space and sell only a 165-ft. strip fronting on "A" from 29th to 30th Street was presented. Moved by Waters, in favor of Mr. Mann's request. Motion died for lack of second. Moved by Camacho, seconded by Reid, to continue what the Council recommended to Mr. Osburn a week or so ago when we decided we were going to sell this land; have it appraised and sell every square foot of it. There was discussion. Mayor Morgan said he is going to vote in favor of the motion but if Mr. Mann will go down there and get people to donate, to come in and deed their land to the City up the canyon, then he might con- sider a different vote on it; he thinks what those people should do down there is show good faith and donate their land all the way up to "B" Avenue; that is as far as he will go; as far as building a park, you have had your chance to build a park out there; he will not promise for sure but he will consider it if the property owners will deed this land to the City. There was further discussion. MR. JOHN D. MANN, 130 E. 28th Street, National City, was present and said the people with whom he has spoken are not opposed to open space; they are opposed to a recreational area in there; he did not ask for a recreational area; he is offering now and has in the past offered to donate a part of his slope as open space provided, of course, we get the rest of the people; he has been around and has not had much luck because most of the people don't own their prop- erty outright; most of them have mortgages on their property. Mr. Mann continued it would be a good start if the City were willing to give 135 by 235 feet of slope; let's think of what you would be contributing; the bottom of that canyon, the center of "B" Avenue closed, is about 4 ft. elevation; the top of the plateau is 50 ft. above sea level on the west side; on the east side, it is about 54 ft.; the 135 ft you would have left, if you sold just 165 ft., has a 10 ft. easement for a sewer line, a couple of manholes; the bottom of that canyon has a deep alluvial deposit that would have to be removed if anyone tried to fill it and use it for anything except a car parking lot; this is hillside slope and canyon bottom; Mr. John- son owns the canyon on the opposite side. Mr. Mann asked the Mayor 9/25/73 178 if he would postpone the sale of the land while he contacts the property owners? Mayor Morgan said it takes time to have it ad- vertised and this takes time and we can do anything we want to up to the time it is sold and escrow closes; you have time to work. Councilman Waters asked the City Manager just how long before this land is sold if Council acts on this tonight? City Manager Osbu rn said he expected we would have the appraisal in two weeks, advertise it for 30 days, it would be 8 or 10 weeks before the sale. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. A letter from the FRATERNAL ORDER OF EAGLES, 21 West 12th Street, stating they are in the process of submitting plans to the Building Department for construction of a building addition and part of the building will encroach on City property and requesting the necessary encroachment forms was presented. Moved by Camacho, seconded by Reid, this request be granted. Carried by unanimous vote. A communication from the LIONS CLUB applying for a free solicitor permit to allow the Club to sell White Canes on October 5-6, 1973 and the CITY LICENSE COLLECTORS recommendation this request be approved were presented. Moved by Reid, seconded by Camacho, in favor of the City License Collector's request. Carried by unanimous vote. HEARINGS The HEARING Gn the report of proceedings and account of cost of 1973 WEED ABATEMENT PROGRAM was held at this time. A memo from the City Clerk and report of the Fire Chief were presented. City Clerk Campbell stated the Affidavit of Mailing Notice of Assessment for Weed Abatement is on file; no written protests have been received; two mailings were returned; we are attempting to locate owners who have moved. No one was present to speak in this regard. Moved by Waters, seconded by Camacho, the public hearing on the report of proceedins_ and account of cost of the 1973 Weed Abatement Program be approved and all stipulations of staff and the Fire Department be adhered to. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN said he has placed on the desk of each Council member a copy of the Action Plan for 1973 by the League of Califor- nia Cities; this should be studied pretty carefully as this will be the theme of the whole meeting at the League Convention. CITY MANAGER OSBURN reported receipt of a claim against the City by Alexander Marquez, John Hernandez, Freda Hernandez and Margaret Ontiveros against the City of National City and the County of San Diego; he recommends this be denied and referred to the City Attorr- ney. Moved by Pinson, seconded by Reid, this be denied and referred to the City Attorney. Carried by unanimous vote. CITY MANAGER OSBURN reported on the assessment on "N" Avenue for Mrs. Newlan; the construction cost adjacent to her property is $2,036.67, incidental expenses were $425.43, total of $2,463.10; the incidental expenses on this project were somewhat higher than normal as the street was designed twice; the City contributed $5,729.14 out of $12,348.61 total incidental expenses; without the City contribution, Mrs. Newlan's assessment would have been $2,830.32; as for "N" Avenue, this was never purchased with that property; the City has owned it since 1947; he will so notify Mrs. Newlan of this finding. Mayor Morgan said be would like the City Manager to call Mrs. Newland and give her the details; she has points that need to be explained; if she comes in you can check this over with her here; if some question is not solved the Manager can report back to Council. There was further discussion. 9/25/73 179 CITY MANAGER OSBURN said the Chairman of the TRAFFIC SAFETY COMMITTEE informed him this afternoon they have reconsidered the intersection of 8th and Highland; a motion was made and seconded and carried to recommend left -turn slots be installed on Highland east and west and to implement red curbs where needed. Moved by Morgan, seconded by Camacho, this be put on the regular agenda for next week. There was discussion. LORNA HARRIS, 718-1 East 8th St., was present and said she had returned to her store at 5:00 and she called several people which she could not reach and some she reached; they do not have all the signatures; she will read what she has to present and asks this be held over for one week. Mrs. Harris read a petition opposing the left turn inlet at 8th and Highland addressed to the City Council signed by business owners located within 200 ft. of Highland Avenue on 8th Street and citing their reasons for protest. Mrs. Harris said she obtained three signatures on this after 5:00 and expects to have more next week; she has three interested persons in the audi- ence tonight; two are persons desiring to start a catering business; this is of vital interest to them; they are in the audience and can also speak. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. There was discussion. Moved by Waters to file permanently. Motion died for lack of second. Mayor Morgan said this would be back on the agenda next week. HOWARD ELLIS, 825 Ethel Place, National City, was present and said as Traffic Safety Committee Chairman, some years ago, he made extensive investigation into what should and should not be done; he went to(Dept.. of Transportation) District Engineer Jacob Dekema requesting the law regarding red curbing, left turns, etc.; a letter was received to the City Manager's office. Mr. Ellis read the letter: "This is in reply to your questions concerning the minimum width for left turn channelizations which are used by California Division of Highways; the desirable minimum, curb -to -curb width for a 4-lane road is 84 ft...the absolute minimum curb -to -curb width on which we permit parking, signals and a left turn lane is 70 ft.;... 8th Street is 64 feet wide, curb--to-curb; ...there is no way this problem can be solved with a left turn lane and comply with State regulations.' Mr. Ellis read a letter from Ed Maloney, Realtor, Highland Avenue, a well-known businessman in National City: "...in response to your inquiry, the red painting of the curbs across the street from my business has had a definite detrimental effect on my business. I would estimate that the people who drop into my office has decreased at least 20%. As you know, I have been at this loca- tion for 20 years. If the lack of parking across the street had occurred during my first five to eight years in business, I would probably have been forced to move from my office." Mayor Morgan said this would be on the regular agenda next week and no further action would be taken before that time, and suggested Mr. Ellis' correspondence be duplicated and passed out to Council. The Planning Department transmittal regarding the Planning Commis- sion's report on ZONE VARIANCE APPLICATION 2-7-73 , variance from required 4., side yard setback to 2'7"; and, rear yard setback from required 5' to 3'6" to permit existing retaining walls, encroaching within required yards, to remain, stating the Planning Commission recommended a variance be granted provided that an adequate fence, approved as to design by staff, is constructed from a safety stand- point on the southerly side of the property was presented for information; unless written protest is received within 15 days, the matter will appear on the October 16 agenda for action. Ordered filed by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S FINANCIAL STATEMENT for month ending August 31, 1973 was presented. Ordered filed by unanimous vote. 9/25/73 180 COUNCIL COMMUNICATIONS COUNCILMAN WATERS said he talked to the City Manager several times about the pharmacy at 6th Street and Euclid in relation to unfinished 6th Street; he has another complaint about this; it hinders ambu- lances delivering patients into the convalescent homes; he would like this investigated; he can see no reason why these people are allowed to occupy the pharmacy without completing this street; it was part of the project; he mentioned this about a month ago; action should be taken before the rains come. City Manager Osburn said we are on this now; Mr. Baker is talking to these people; they should get something done right away. COUNCILMAN WATERS said he would like Council's approval on this; he thinks Council should set up a financial disclosure type operation for City officials such as Councilmen. Moved by Waters, the City Attorney study an ordinance he has that is being considered in other cities and come back within a few weeks with a general idea of what can be done, City officials who run for public office must come up with a financial disclosure like, say you file and within 30 days you have to come up with a financial disclosure of all your assets and so forth; this would clear matters up for the public; we have had these problems across the country; he feels all the cities should take this initiative and set up some kind of an ordiance or guide lines for people who run for public office. Motion died for lack of a second. COUNCILMAN WATERS said the school board situation has been on the front page; he has never taken a public stand but he did write a letter to the board members in relation to how he felt about the situation; he accused a certain man of coming off his penthouse on the hill once a year whenever there is a controversial issue just to get his name in the paper; he would like to make his stand very clear. Mr. Waters read a letter he wrote to each of the board members: "...when the question was asked as to what I thought should be done, I briefly mentioned that those of you who have charges against the Superintendent should take him into an executive session. I know some of the complaints are personal but you have not told him exactly what they are. You should tell him exactly what you expect of him. Give him an opportunity to respond to your demands and then, if he doesn't comply, you should bring him back in and relieve him. Any individual should be given the opportunity to square himself away..." MAYOR MORGAN said there is a problem at 10th and "R" in regard to a 1911 Act (Improvement Project); when loth meets "R" it is 9 ft. below the house; it runs into the bank and turns; when it makes a short turn, it goes in and makes a sharp turn and then goes out, at "R" it dips into the man's home there; he is 70 years old; he has talked to the engineers and they say they can, instead of making it sharp, they can round it off and leave him there; he wants to live there; he has lived there for a long time. Mayor Morgan asked Assistant City Manager Stenberg to try and work this out. There was discussion. Moved by Morgan, seconded by Reid, we authorize Sherm to get the information for the Council. Carried by unanimous vote. MAYOR MORGAN asked Assistant City Manager Stenberg if he runs into any project like the plans for the Casa (he is aware Mr. Stenberg is setting up a schedule) lets get the plans and get going on these things. Mr. Stenberg said he is preparing a progress report on all of the projects we are now involved in; he will be reporting shortly. Mayor Morgan said let's get these things going; we have the money... MAYOR MORGAN asked the City Attorney if he checked on the problem of the dogs on "0" Street last week; what can be done here? City Attorney McLean said a lot of time has been spent in this regard; there are no City laws to cope with the problem involved; the 9/25/73 181 animals are not barking according to the neighbors (we are going on the basis of the neighbors who are not making a complaint as we feel they are the most objective); they are not at large and they are not vicious; the fence is flimsy; if the dogs wanted to get out, they could do so; the fact is they have not; people who are in fear of big dogs in flimsy fences are going to be alarmed about this condition; there is no City law that requires any particular kind of fence to keep dogs in; if you are going to try to regulate that situation you must have a City law to the effect that if an animal is out in the yard unattended the fence around that yard must be in a condition to keep the animal in the yard. Moved by Morgan, seconded by Pinson, we instruct the Attorney to change the ordinance so the dogs can't get out. There was discussion. Carried by the following vote, to -wit: Ayes: Pinson, Reid, Morgan. Nays: Camacho, Waters. MAYOR IORGAN called an Executive Session at 8:41 p.m. on personnel matters. Council reconvened at 8:46 p.m. ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Moved by Pinson, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:47 p.m. Ci y Clerk City 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 October 2, 1973, No corrections Corrections as noted below Mayor, ''City f National City, California 9/25/73