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HomeMy WebLinkAbout1973 10-09 CC MIN189 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 9, 1973 The regular meeting of the City Council of the City of National City was called to order at 7:32 p.m. by Councilman Camacho. ROLL CALL Council members present: Camacho, Reid, Waters, Morgan (arrived after roll call). Absent: Pinson. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by Rev. Philip Larson, First Con- gregational Church. Mayor Morgan arrived (7:34 p.m.). APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meet- ing of October 2, 1973, be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS CITY CLERK CAMPBELL read proposed proclamation "Catholic Daughters of America Week" October 8 - 14, 1973. Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Absent: Pinson. Mayor Morgan presented the proclamation to Mrs. Florence Curtis. Mrs. Curtis thanked Council for the proclamation on behalf of the Catholic Daughters. ORAL COMMUNICATIONS BILL HOLTHAUS, 1233 Palmer Way, was present and asked questions in regard to Ordinance No. 1387. Councilman Waters suggested Mr. Hol- thaus attend a Planning Commission meeting or see the Planning Director. Mayor Morgan asked Mr. Holthaus to telephone the City Attorney and come in and talk to him. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented to Council by title only. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,182, "RESOLUTION ACCEPTING CONVEYANCES OF REAL PROPERTY (Benjamin H. Fish and Gertrude J. Fish)." Moved by Camacho, seconded by Reid, Resolution No. 11,182 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 11,183, "A Resolution Approving Amendment to the General Plan (GP-8-73) to Change the Land Use Designation of the Northeasterly Corner of the Property Located at the Southerly Side of the 3700-3800 Blocks of Sweetwater Road." Moved by Reid, seconded by Camacho, Resolution No. 11,183 be adopted. There was discussion. Motion failed by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Waters, Morgan. Absent: Pinson. I NTRODUCTI ON OF ORDINANCES Moved by Camacho, seconded by Reid, ordinances be presented. to Council for first reading by title only. Carried by unanimous vote. Absent: Pinson. 10/9/73. 190 Ordinance No. 10/9/73-1, "An Ordinance Approving the Annexation of Certain Uninhabited Territory Designated 'Keegan, Et Al Annexation' to the City of National City (California Government Code Section 35310.1) and an Interim Zoning Ordinance to Zone said Territory C-3, General Commercial." Ordinance No. 10/9/73-2, "An Ordinance Imposing the Sales and Use Tax to be Administered by the State Board of Equalization and Pro- viding Penalties for Violations." REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $17,894.78 Traffic Safety 617.13 Park 119.28 Retirement 12,923.88 Gas Tax No. 2106 401,66 Drainage 1,660.29 Sewer 562.68 Revenue Sharing 785.00 Total $34,964.70 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: None. Absent: Pinson. The PAYROLL AUDITED BY THE FINANCE COMMITTEE for the period ending 9/30/73 in the amount of $127,177.47 was presented. Moved by Camacho, seconded by Reid, the Payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: None. Absent: Pinson. NEW BUSINESS CONSENT CALENDAR: (a) Communication from Acting Director of Park and Recreation Department stating they have been requested to help sponsor Halloween Carnival 10/27 at Granger Junior High School to dedicate the new lights and provide multi -cultural activities for the community and stating the ways they will assist with the program; also, communication from Police Chief stating Lt. Hunter will make arrangements to have Reserve Officers present during the carnival; (b) City Manager's recommendation minutes of 9/25/73 meeting of Advisory & Appeals Board be approved and filed (minutes attached); (c) Items to be filed with the City Clerk: 1. Application by Jolly Knight Trailer Park, Parker, Arizona, for permit to install three boat docks to extend 30' into Colorado River from existing concrete bulkhead in front of Lot 1; 2. Application by L. A. County Flood Control District for permit to construct outlet of Storm Drain Bond Issue Project #3402, Unit 2, near intersection of Vista Del Mar Avenue and Grand Avenue El Segundo; 3. Application by L. A. County Flood Control District for permit to construct outlet for Line E of Storm Drain Bond Issue Project #6550, Unit 2, in King Harbor, Redondo Beach; 4. Application by L. A. County Flood Control District for permit to construct outlet of Storm Drain Bond Issue Project #1103-Harbor-Bixby Slough Outlet in the West Basin, L. A. Harbor. Ordered filed by unanimous vote. Absent: Pinson. A communication from ATTORNEY J. KENNETH JENSEN, representing BALLINJACK CHOPPERS, 138 West 35th Street, requesting permission to address Council was presented. J. KENNETH JENSEN, 7917 Ivanhoe Avenue, La Jolla, was present and said he represented Ballinjack Choppers on 35th Street; to refresh Council's recollection, there 10/9/73 191 were complaints from Chula Vista residents across the slough in a trailer park regarding some noise in a commercial district; we, of course, operate a, what we call a chopper shop for modifying motor- cycles; it is not necessary in the conduct of this business to run engines; there were some complaints from the trailer court regarding noise and one thing and another; he would like to suggest, since neither he nor the owners were present at the hearing and a resolu- tion was passed repealing n eir business license based on the hearing (He reviewed the minutes,/which the disturbances and noises were attributed to our operation down there); that Council reinstate the business license conditionally, on the condition that there would be no complaints of any disturbances or anything similar for a time period...say 60 or 90 days and then have it for review at a time convenient for Council. Mr. Jensen said this is a successful business and he feels that a successful business of any kind is good for the community; there seems to be a difference of opinion on that statement; we are not in the business of running engines; it is not necessary; there is no engine work done there at all; it is a place where other types of fabrication are done and should cause no dis- turbances to the community; rather than going through a long, involved hearing in which other evidence is presented, he would prefer to present for Council's consideration this sort of solution to the problem, reinstate the business license conditionally; if the con- ditions are violated, then there can be very little question. There was discussion. Moved by Waters, that the City Attorney be authorized to reinstate this license for 90 days, or reinstate the license and if there are no complaints within 90 days, we let them keep their license permanently. Motion died for lack of second. There was further discussion. Mr. Jensen said..«.there is apparently more than one viewpoint; he personally spoke to police officers who were down there who had a view that was very different from what the minutes reflected. Mr. Jensen said he would like to mention that there is some question about whether they (Ballinjack) were responsible for the noise that occurred there; he really did not want to get into this because it would take us into a hearing; he knows of his own knowledge there is a motorcycle shop down there and they test motor- cycles not only on the side of the slough but also up and down the slough; he has seen that; he has also seen other vehicles running on there that are what he calls go-carts; these have absolutely nothing to do with the business they are operating; he suggests that since this has happened and since this has occurred he would be very doubtful that there is much likelihood of a recurrence; what we are talking about is completely taking away people's livlihood. Moved by Waters, seconded by Camacho, to refer this to the City Attorney to draw up specific guidelines for that establishment down there like maybe, the possibility that if the people complain down there about the late hours they work and disturb their evening television and so forth, and maybe the City Attorney can sit down with these clients and draw up a set of guidelines like, "you will knock off repairing cars or motorcycles and making noise and stick strictly to painting and this sort of thing after 6:00 p.m. or something of this nature" and it be brought back next week. City Attorney McLean asked Mr. Jensen who are his clients? Mr. Jensen said Jack Powell, Larry Bonamo. City Attorney McLean asked Mr. Jensen to have his clients come up front. Mr. Jensen said Jack, who is not here tonight, has an illness in his family; he has been called away; he is a resident of National City; his address is on Cagle Street. David Hankins, 2320 East 16th Street, National City, and Lary Bonamo, 614 64th Street, San Diego, were present and came forward. City Attorney McLean asked if the three were the owners. Mr. Jensen said yes. City Attorney McLean asked Messrs. Hankins and Bonamo if they had heard what Mr. Jensen said about their ability to operate their business and not make any noise. Mr. Hankins and Mr. Bonamo said "yes." City Attorney McLean asked if they agreed with Mr. Jensen. One of them said, "yes." City Attorney McLean said he would be in touch with Mr. Jensen if the motion carries. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: Morgan. 10/9/73 192 Absent: Pinson. City Attorney McLean asked Mr. Jensen to call him; the action of Council is that he, the City Attorney, and Mr. Jensen are to meet and see if they can make some sort of agreement to pre- sent to Council for approval. Mr. Jensen said at your convenience. A communication from MAYOR JIM SNAPP, EL CAJON, stating their Council adopted a policy that in the event their ambulance service receives a call to handle a burn victim, the ambulance be authorized to go directly to University Hospital Burn Center rather than to the closest hospital and urging National City to adopt the same policy and attaching a letter from the El Cajon Fire Chief recommending this policy was presented. Moved by Waters, seconded by Reid, this item be filed. Councilman Camacho said he would like the City Manager acknowledge this communication to the City of El Cajon and inform them that we have a different kind of service. City Manager Osburn said he would do this. Ordered filed by unanimous vote. Absent: Pinson. A letter from the BOYS' CLUB OF NATIONAL CITY, INC., requesting a grant of $10,007.80 and stating the grant (from Revenue Sharing) will aid the Club to complete installation of hand ball courts and paint- ing and refurbishing interior of the building was presented. Moved by Waters, seconded by Camacho, in favor of the Boys' Club's request. There was discussion. Carried by unanimous vote. Absent: Pinson. City Manager Osburn said there is some problem with this; it must be referred to the Attorney and see if we can work it out; it has to be a public project for all the people. City Attorney McLean said we have talked with the Boys' Club and the Girls' Club about this; we want them to provide current information that their facilities are, in fact, open to the public; the City cannot spend public money for private purposes; he is sure they can provide this information. The CITY MANAGER'S memo stating that the DELGADO HOMEOWNERS ASSOCIA- TION, Delgado Terrace, would like the City to contribute two concrete picnic tables and benches (roughly $125 each) and two outdoor basketball goals (about $135 each) for their playground use was presented. Moved by Waters, this be referred to the Finance Com- mittee. Motion died for lack of second. Moved by Morgan, seconded by Reid, this request be approved if it is approved by the City Attorney. There was discussion. JOE CRAIN, 2430 Seawind Drive, was present and said he is Vice President of the Board of Directors down there at Delgado Terrace; all of us know some of the mistakes that have been made in some of these developments before; just recently the City Council approved to increase open space to help alleviate some of the problems we are running into; we have 50 homes in this area; there are 250 children in there; what he is asking for here amounts to about $2 for each one of them and if those kids are not worth $2 each, he does not know where we are going; we have had our internal problems; in the last 6 months since he has been on this Board of Directors, we alleviated most of these problems; we have it going our way now; we are negotiating with a contractor to help with what money we have and finance the rest of it and build this park and playground; we still need a little bit of help; the contractor they are working with is going to do the dirt work and the black- topping, resurfacing, fencing and things we cannot do; this leaves them with a lack of equipment; they have thrashed the bushes wherever they can find any help at all; they have some of the equipment already put together; they lack just a little bit getting it off the ground and he wants the City to help him.. There was discussion. City Attorney McLean said you are talking about giving public money to buy equipment to put on private property, property that is not open to the public; this had not been discussed with him or he would have pointed this out; he does not want to be the one to tell him in a public meeting; Mr. Crain has been working beyond the call of duty. Carried by unanimous vote. Absent: Pinson. Mayor Morgan said he would like to tell the audience about this gentleman, Mr. Crain; 10/9/73 193 he has worked day and night on this project out there; itnlmost too big for him; there are people out there who are willing to spend $3,500 of the money they have been taking in; they are willing to borrow $3,500 from someone and 10 people will sign to put in $7,000 on this; there are people in that project who are willing to borrow the money and put it on a second on their home to get that done out there; this is a problem that should have never happened;... that park they have is for the kids in the neighborhood; they won't run kids off; it is open to the kids of the whole neighborhood there; it is for providing for a park in that particular area that they don't have now; those people out there have really worked together on this;... when he takes hold of something, he is a tiger; we need tigers in National City. APPLICATION for PERSON -TO -PERSON TRANSFER of ON -SALE BEER LICENSE for ARTURO A. and SUZANNE BRICENO, DBA MEXICO CITY RESTAURANT, 543 High- land Avenue and a memo from the POLICE CHIEF stating investigation revealed no grounds for protest were presented. Moved by Waters, seconded by Camacho, in favor of Mexico City's request. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: None. Abstaining: Morgan. Absent: Pinson. A letter from POLICE SGT. ALTON L. OYER stating he will retire January 16, 1974 after having completed 35 years and 256 days with the Police Department and the Police Chief's letter stating he accepted the resignation with regret and suggesting Sgt. Oyer be accorded honors were presented. Moved by Camacho, seconded by Reid, Council accept Scat. Alton Oyer's_resignation and that we also accept the Police Chief's recommendation. Mayor Morgan asked City Manager Osburn to see that Sgt. Oyer is recognized. Carried by unanimous vote. Absent: Pinson. A communication from R. C. BRADLEY requesting the PROPOSED BRADLEY ANNEXATION FLOODWAY OVERLAY ZONE later date (Hearing date 10/16/73) was presented. seconded by Reid, this item be put on the October Carried by unanimous vote. Absent: Pinson. The CITY MANAGER'S memo recommending the CLAIM by MRS. VIVIAN MARQUEZ against the City of National City be denied and referred to the City Attorney was presented. Moved by Waters, seconded by Reid, this be referred to the City Attorney and denied. Carried by unanimous vote. Absent: Pinson. hearing for be postponed to a Moved by Waters, 16 agenda. The PLANNING DEPARTMENT'S letter to MR. VERNE THOMPSON, Industrial Consultant, regarding WILLIAMS IRON WORKS and listing items at Scrap Disposal that do not comply with Ordinances 1290 and 1256 and other adverse conditions that must be eliminated and Mr. Thompson's reply saying he had been assured these items would be attended to at once were presented. There was discussion. Planning Director Gerschler said the time for compliance expired January 16, 1973; about a week ago an official order to comply was given to them and advising the Scrap Disposal that if they have not complied within 30 days (about three weeks from now) we would refer the matter to the Planning Commission for a finding as to whether or not a zoning violation exists; if the Planning Commission were to make such a finding, they would probably refer it to the City Attorney for prosecution of a violation; in the meantime, they are apparently making an earnest effort to gain compliance; they have told us they will make the deadline; that does not change our position. Ordered filed by unanimous vote,. Absent: Pinson. REPORTS CITY MANAGER OSBURN referred to a map he displayed at the Council Conference meeting and said the City of San Diego is going to 10/9/73 194 consider on October 24th at their council meeting the possibility of deleting Route 252; Route 252 runs between 5 and 805, just north of the National City city limits; he recommended Council send a resolu- tion to the City of San Diego opposing this deletion and also inform the Division of Highways. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. There was discussion. Carried by unanimous vote. Absent: Pinson. CITY MANAGER OSBURN said he has handed each Councilman sample copies of three types of pages to be used for the new municipal code; the price of each is indicated on the top of the page; it is up to Council to make a choice from this selection. There was discussion. City Clerk Campbell said the actual printing of the Code is now waiting for your decision on the style of the page. There was further discussion. Moved by Morgan, seconded by Reid, this be put on the agenda for next week. Moved by Waters, seconded by Camacho, the motion be amended to include this be referred to the City staff and the City Manager for them to make this decision. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Reid. Absent: Pinson. CITY MANAGER OSBURN said he has a copy of an application from Mrs. Clara Loaiza for the El Toyon Park Building for a dinner benefitting the Bantam Falcons of the Pop Warner Footbal League. Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. Absent: Pinson. CITY MANAGER OSBURN reported receipt of a notice of HEARING before the CALIFORNIA PUBLIC UTILITIES COMMISSION on the application by CALIFORNIA-AMERICAN WATER COMPANY for a rate raise in the Sweetwater District on Tuesday, October 30, 1973, at 10:00 a.m., Council Chambers, City Hall, 276 4th Avenue, Chula Vista. CITY MANAGER OSBURN said he has a letter from Mr. Cheneweth request- ing the City remove the 7 or 8 date palm trees that are along 6th Avenue where he owns 75% of the frontage; they want to widen this street and this is holding up the completion in front of the medical building for this decision; this has been to the Street Tree and Parkway Committee and they denied it; Mr. Cheneweth at that time had not agreed to replace the trees; he says now he will replace the trees with one on each property that fronts the...Moved by Waters, seconded by Camacho, in favor of Mr. Chenewetht s request and that he pay the expense of what it costs the taxpayers as far as City crews, and so forth in the expense of haulin9 this away and removing them; he moves in favor of his (Mr. Cheneweth)„ request and also when the eplace the same amount of trees. There was discussion. Carried by unanimous vote. Absent: Pinson. CITY MANAGER OSBURN read a letter from the City Clerk stating Senate Bill 230 has changed the date of the General Municipal Elections in General Law cities to the first Tuesday after the first Monday in March, even number years; the election in 1974 will be on March 5, and that a number of cities throughout the state are considering establishing a filing fee commensurate with the cost of processing the candidates nomination papers (sample ordinance attached). There was discussion. Moved by Morgan, seconded by Reid, we leave ours as it has been. Carried by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS COUNCILMAN WATERS read a letter which he placed on the desk of each Council member requesting consideration of a financial disclosure ordinance covering elected officials. Moved by Waters, this be referred to the City Attorney and he be authorized to draw up an ordinance accordingly. Motion died for lack of second. Mayor Morgan 10/9/73 195 responded, "it is hard to legislate honesty" and read a list of properties which he owns. Councilman Reid said he would not read his off as he has filed down with the County. Councilman Camacho said he owns his home and has $10 in the bank. Councilman Waters said he owns his house and three stores; what are we talking about, let's list them and get it over with. Moved by Reid, seconded by Morgan, the City Managers et the plans for the air conditioning for the Community Building and we put it in when we get the money in someway get it. Carried by unanimous vote. Absent: Pinson. MAYOR MORGAN spoke in regard to State legislation requiring smog devices on all cars, 1960 to date, and said sometimes he wonders if they really understand the depth of their action the smog devices cause the radiator to heat up and cause mechanical problems; they use one-third more gas; he will bet that these people that put this on the 66, 67, 68, 69 cars, it will cost them somewhere between $200, $300 and $400. Moved by Morgan, seconded by Reid, the Attorney check into this and if we can protest this putting in smog devices on these older cars that we send a protest through the City Attorneys office. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: None. Abstaining: Waters. Absent: Pinson. Moved by Morgan, seconded by Reid, we authorize the City Manager to locate a soccer field for National City Soccer Team where they can play somewhere in our City. There was discussion. Carried by unanimous vote. Absent: Pinson. REPORTS (Continued) PLANNING DIRECTOR GERSCHLER said he distributed copies of a memoran- dum regarding the CPO' S OPEN ; SPACE PLAN; the CPO has given us until October 12 to submit our input on behalf of the City regarding the Open Space Plan; he displayed a copy on the board; the plan the CPO is now considering and holding hearings on identifies the Paradise Slough as a "Natural Resource Overlay Zone;" the language of the plan CPO is considering says, "the filling and dredging of lagoons, estuaries, and bays which eliminate marshes and mud flats should be allowed only for projects which will provide substantial public benefits" if it stopped there he would have no quarrel with the language whatsoever; the CPO language goes on to say, "and for which there are no reasonable alternatives"' the Paradise Marina feasibil- ity study does have reasonable/ ltc ei ativraid if this language were to be adopted as proposed and if it were literally interpreted by CPO at the time they reveiw a permit application for the Marina project, it would lead to the killing of the project; the adoption of this language might also affect our ability to get 701 planning funds; it might affect our ability to obtain a construction permit from the Army Corps of Engineers; it might hamper our negotiations with the State Department of Fish and Game that we are about to embark upon; finally, it might cause the CPO itself when further down the line CPO will have to review this Paradise Marina permit project and it could cause a denial of that permit by CPO and/or the Coastal Commission; this memorandum urges the City Council pro- test the language he has cited in this memorandum and ask that CPO modify it in such a way that the Marina project would not be jeop- ardized. Moved by Morgan, seconded by Camacho, the Planning Director's recommendation be approved. Carried by unanimous vote. Absent: Pinson. 10/9/73 196 Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 8:45 p.m. (_� CI—v14X Ciy Clerk City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 16, 1973. No corrections Corrections as noted below Mayor, City of a ional City, California 10/9/73