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HomeMy WebLinkAbout1972 10-31 CC MIN65 MINUTES OF THE ADJOURNED MEETING OF OCTOBER 24, 1972 CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 31, 1972 The adjourned 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, Foster, Gerschler, Acting City Attorney Lincoln, 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 Mayor Morgan. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meeting of October 24, 1972 be approved. Carried by the following vote, to -wit: Ayes: Pinson, Reid, Waters, Morgan. Nays: None. Abstaining: Camacho. PROCLAMATIONS AND PRESENTATIONS CITY CLERK CAMPBELL read the "YOUTH EMPLOYMENT WEEK" (November 12-►18, 1972) Proclamation by title. Moved by Camacho, seconded by Waters, they accept the proclamation. Carried by unanimous vote. JOHN PATTEN, MANAGER, SWEETWATER AUTHORITY, was present and reported the South Bay Irrigation District has been getting signatures for the Bond Committee to educate the people on the purchase of the water company. Mr. Patten presented a brochure to each of the council members. Mr. Patten suggested using "4 Water" in the Bond Committee title. Mr. Patten discused the trial, the cost of water, the revenue bond election, the future of the Sweetwater Authority and promised to operate the water system for the maximum financial benefit of the water customer. MAYOR M)RGAN recognized the Boy's Judo Team and the City Manager read the communication from the Park & Recreation Director regarding their winning of the Heian Do Jo Perpetual Trophy. MRS. JANA GUDBAUR, INSTRUCTOR, was present and introduced Kenny Washington, Stanmore Langford, III, Ray Alan Chavez, Robert Hernandez, Egbert Tie', Jr., Michael Pitts, Brian Nioso, Fernando Herrera, Tyrone Jones. The Mayor presented a certificate to each of the boys introduced. ORAL COMMUNICATIONS HARRY WALLINGFORD, 1506 "G" Avenue, was present and said he discussed with the Mayor the reason "G" Avenue was not being paved; the property owners were told they could get it done if they paid to get the curbing put in but one property owner on the corner of 16th and "G" did not install curbing. There was discussion. Moved by Morgan, seconded by Waters, they refer this to the City Man d h br rt t xt Council meeting* Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Camacho, the resolutions be read by tile. Carried by unanimous vgte. RESOLUTION NO. 10,860, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY 10/31/72 66 (Michael Edward Day)," Moved by Reid, seconded by Pinson, Resolution No. 10,860 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,861, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE TWENTY-FIRST STREET FROM THE WESTERLY LINE OF CLEVELAND AVENUE TO THE WESTERLY LINE OF THE ALLEY; AND, ALLEY CLOSING BETWEEN CLEVELAND AND HARRISON AVENUE, FIFTY (50) FEET SOUTH OF THE SOUTHERLY LINE OF TWENTY-FIRST STREET." Moved by Reid, seconded by Waters, Resolution No, 10,861 be adopted. There was discussion, Carried by unanimous vote. RESOLUTION NO. 10,862, "Resolution of Intention to Vacate and Close 1F* Avenue, from the Southerly Line of Sixteenth Street, South A Distance of Two Hundred Ninety (290) Feet (Sweetwater Union High School District),' was listed on the agenda but was not presented. RESOLUTION NO. 10,863, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE UNIMPROVED ALLEY BETWEEN ROOSEVELT AND NATIONAL AVENUES, BETWEEN TWENTY-FIRST AND TWENTY-SECOND STREETS." Moved by Pinson, seconded by Reid, Resolution No. 10,863 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,864, "RESOLUTION ADOPTING A MASTER SITE PLAN FOR THE DEVELOPMENT OF KIMBALL PARK AS A PART OF THE RECREATION ELEMENT OF THE COMPREHENSIVE GENERAL PLAN FOR THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Camacho, Resolution No. 10,864 be adopted. Carried by unanimous vote, RESOLUTION NO. 10,865, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Department of Veterans Affairs, State of California and Florence E. Wight and Stephen E. Wight)." Moved by Waters' seconded by Camacho, Resolution No. 10�865 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,866, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (La Siesta Way)," Moved by Pinson, seconded by Reid, Resolution No. 10066 be adopted. Carried by unanimous vote, RESOLUTION NO. 10,867, "RESOLUTION OF AWARD OF CONTRACT (Alley in Blocks 239 and 240, Assessment District No. 179)," Moved by Reid, seconded by Pinson, Resolution No. 101867 be adopted, Carried by unanimous vote. Moved by Waters, seconded by Camacho, T. B. Penick & Sons' bid be accepted to the tune of $11,755.27 and all other bids be rejected,.. Carried by the following vote, to«•wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None, Abstaining: Morgan. RESOLUTION NO, 10,868, "RESOLUTION AUTHORIZING PAYMENT OF JUDGMENT IN CONDEMNATION FOR ACQUISITION OF SWEETWATER HEIGHTS PARK IN THE AMOUNT OF THIRTY THOUSAND DOLLARS." Moved by Camacho, seconded by Reid, Resolu- tion No,. 10,868 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,869, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT BOUNDARY MAP FOR HODGE STREET IN THE CITIES OF NATIONAL CITY AND CHULA VISTA ACCORDING TO THE PROVISIONS OF THE 1913 ASSESSMENT DISTRICT ACT." Moved by Reid, seconded by Pinson, Resolution No. 10,869 be adopted. Carried by unanimous vote„ RESOLUTION NO,► 10,870, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (William H. Jr. & Kathryn M, Webb)." Moved by Pinson, seconded by Camacho, Resolution No. 10,870 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, the first reading of the ordinances be by title, Carried by unanimous vote. 10/31/72 67 ORDINANCE NO. 10/11/72-►1, "AN ORDINANCE OF THE CITY OF NATIONAL CITY RELATING TO CIVIL DEFENSE AND DISASTERS AND REPEALING ORDINANCES NO. 1044 and 1145." ORDINANCE NO. 10/31/72.2, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-12-72, from C-2, Limited Commercial Zone, to R-4-PD, Residential Planned Development Zone, at 2424, 2430, 2432, 2434, 2436 and 2504 E. 8th Street)." ORDINANCE NO. 10/3 1/72-3, "AN ORDINANCE AMENDING CHAPTER 22 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS LICENSE RATES .° REPORT OF CITY ATTORNEY None. APPROVAL OP BILLS BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Fund Retirement Gas Tax 2107 Drainage Sewer Total were presented: $ 7,774,77 908.25 1,316.62 11,348.07 19,270.00 80.00 330.02 $41,027.73 Moved by Camacho, seconded by Reid, these bills be paid and warrants dry. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS The Council considered the removal of the "10:00 p.m." condition for Mexico City restaurant. Moved by Pinson, seconded by Camacho, this 10:00 p.m, condition be removed from Mexico City restaurant. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters. Nays: Reid. Abstaining: Morgan. The agenda listed a possible appointment of a local candidate for nomina- tion to the San Diego Transit Board. Moved by Reid, this item be filed. Mayor Morgan said he would appoint Mr. Camacho to this board. Moved by Reid, seconded by Waters, the Mayor's recommendation be approved. Carried by unanimous vote. NEW BUSINESS The applications of GEORGE E. BABBITT and JOSE L. S. ORTIZ, to determine qualifications as manager and leasee for the PLAZA BOWL and PLAZA BOWL COFFEE SHOP, 1201 Plaza Boulevard, were presented, Moved by Camacho, seconded by Waters, this item be filed. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. A communication from the MAYOR of GLENDORA urging support of Proposition 18 (Anti -Obscenity Proposition) and attaching Glendora resolution were presented. Ordered filed by unanimous vote. A communication from the MAYOR of SAN MARCOS requesting support of their resolution requesting the Board of Supervisors to enact legislation regarding water well regulations was presented. Ordered filed by unanimoul vote. A communication from MRS . LYLE CARVEY, JR. , CHAIRMAN HIGHLAND SCHOOL 10/31/72 68 TITLE I ADVISORY COMMITTEE in appreciation of Council's resolution urging school name change to Dr. John A. Otis School was presented. Ordered filed by unanimous vote. A communication from LORNA J. HARRIS, SECRETARY -TREASURER, NATIONAL CITY COMMUUNITY RODEO ASSOCIATION, reporting the Association made a donation in excess of $4,000 to the Servicemen's Center and stating appreciation of help of various city personnel was presented. Ordered filed by unanimous vote. The application of the QUARTERBACK CLUB for free use of Kimball Park Community Building for a fund-raising dinner to support Sweetwater Foot- ball and a communication from the Director of Parks and Recreation stating he cannot grant the free use were presented. Moved by Waters, seconded by Camacho, the Quarterback Club's re uest be a roved. Carried by unanimous vote. A communication from the ASSISTANT CITY MANAGER in regard to removal of three dwellings on 13th Street for the Euclid Avenue extension and requesting permission to advertise for bids was presented. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from STAR -NEWS PUBLICATIONS asking if the City will run a Christmas greeting ad this year at a cost of $39.96 was presented. Moved by Waters, seconded by Camacho, in favor of the Star -News Publica- tions Christmas ad, Carried by unanimous vote. The minutes of the regular meeting of the PARK & RECREATION ADVISORY BOARD on October 12 and the City Manager's recommendation they be approved and filed were presented. Councilman Waters said the City Manager has recommended approval of the whole thing; part of it should be referred to the Budget Committee; and asked if they budgeted for the changing of the topography, play areas for tots and juniors, and a backstop for informal softball. Moved by Waters, seconded by Reid, this item under New Business, Master Site Plan for Sweetwater HeightPark and the request of the Park & Recreation Advisory Boards. be referred to the Finance Committee, Carried by unanimous vote. Councilman Waters said under the Director's Report, "In addition to the monthly progress report, Mr. Maley informed the PRAB that the Planning Commission has approved the Las Palmas Park Master Site Plan..."; he (Councilman Waters) received a complaint regarding the Park Board removing one of the ball fields. Councilman Waters asked what ball field they were removing from Las Palmas in the Park Site Plan approved by the Planning Commission. Planning Director Gerschler said the next step is City Council review. Moved by Pinson, seconded by Camacho, the remainder be filed. Carried by unanimous vote. The request of OMEGA NU TAU SORORITY to hold their annual rummage sale without payment of business license fee, the report of the Business License Clerk, and the City License Collector's recommendation of approval were presented. Moved by Camacho, seconded by Reid, the License Collec tor's recommendation be approved. Carried by unanimous vote. The resignation of PATROLMAN CLYDE M. WILSON and the Police Chief's recommendation of acceptance with sincere regret and that Clyde Wiison's name be placed on the eligibility list, and a request for replacement patrolman were presented. Moved by Camacho, seconded by Reid, the Police Chief's recommendations be approved. Carried by unanimous vote. The resignations of FIREMAN FRED C. SHETLIN and ENGINEER RAY!OND A NEAL, JR., and the Fire Chief's request to fill vacancies created by the resignations were presented. Moved by Camacho, seconded by Waters, in favor of the Fire Chief's request to fill the vacancies but feel the En•ineer should be a closed examination and the re Fireman be open, Carried by unanimous vote. lacement for the 10 31 72 69 The request of OLGoA M. BARAJAS for leave of absence without pay from the Finance Department and the approval of the department head were presented. Moved by Pinson, seconded by C macho, Mrs Baraias' request be approved. Carried by unanimous vote. Approval of step increase for eligible employee, approved by the City Manager and department head for Robert N. Crawford, Jr., Police Department. was presented, Moved by Reid, seconded by Camacho, this be approved. Carried by unanimous vote REPORTS CITY MANAGER OSBURN said they were now attempting to fill the position of PBX Operator and they would like to fill it a* Range 23 ($462 to $561). Moved by Waters, seconded by Pinson, the City Mapagear's._,c:�►m r mendationto change to R 3 fof PBX Opprator_be approved* Carra,ed by unanimous vote, CITY MANAGER OSBURN said Mr. Tom Moynahan has requested removal of the island on National Avenue in front of his new place of business; a con- tractor gave them an estimate on it (on request) and his price was $1667. The City Manager said they thought the high cost was due to the traffic in the area; the City can do it cheaper by not working during the high traffic volume period. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN said he read an article in the Star -News which he felt was a slap at the whole City acnistxation along with the Council members and automobile dealers. The City Manager read a letter which he sent to the National City Star+News, San Diego Evening Tribune, and the San Diego Union, dated October 31, 1972, in which he said the suggestion in the article of October 29, quoting John Nagy to the effect that improper favoritism has been shown to car dealers where the public's interest has been abridged in the disposition of property to automotive operators, was false and outlining the history of "automobile row", Moved by Pinson, seconded by Camacho, this around 1. go an record ads ratifying his action. Carried by unanimous vote._ CITY CLERK CAMPBELL reported receipt of a communication from the Staff Analyst, Local Agency Formation Committee, in regard to the effect of a recent Court Decision on annexation of "uninhabited" territory which was on file. CITY CLERK CAMPBELL reported receipt of an order modifying decision and denying rehearing before the Public Utilities Commission in the matter of the application of San Diego Gas & Electric Co, to increase its rates in the City of San Diego by surcharging for additional franchise fees which was on file. CITY CLERK CAMPBELL reported receipt of an order Instituting Investigation before the Public Utilities Commission on the Commission's own motion into rules governing the construction and maintenance of crossing at grade of railroads with public streets, roads, and highways which was on file, CITY CLERK CAMPBELL reported receipt of the State Board of Equalization's 1972 Second Quarter Report of Taxable Sales in California which was on file. An application for deferral of installation of sidewalk at 1441 "K" Avenue by ROGER M. LIVELY and a Planning Department transmittal stating the Planning Commission recommended denial of the deferral were presented. Planning Director Gerschler stated the Planning Commission reviewed this and, acting upon the City Engineer's recommendation, they found no justi.. fication for deferral and they recommend that the deferral request be denied. There was discussion. Moved by Pinson, the Planning Commission l,O'31/72 70 recommendation of denial be approved. Motion died for lack of second. ROGER M. LIVELY, 1441 "K" Avenue, was present and said he would like to see the whole area have sidewalks and not just his property; if there was someway he could sign for a 1911 Act... Moved by Waters, seconded by Camacho, the application for deferral of installation of sidewalk at, 1441 "K" Avenue be a roved after Mr. Ro er Livel si ns a covenant running with the land that he will not object to a 1911 Act. (Amended motion.) There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Pinson. Mayor Morgan inquired about other cities' policies when an individual takes out a building permit and the Engineer can give a grade, do they ever waive sidewalk or curb in other cities where they could; maybe they should change their ordinance where if you could give a grade and it was all ready to go, they would not waive one and these things would not come before them and they would know if they had to put these things in. City Engineer Foster said at one time in Chula Vista they either put in side- walk, etc. improvements or they put up the money; there were no bonds, no covenants or anything else. Mayor Morgan asked the City Engineer to check with Chula Vista and report just how they do it. An application for a street closing, the southerly one-half of Sixth Street, between National and Roosevelt Avenues by HAROLD DODDS and a Planning Department transmittal stating the Planning Commission recommends vacation subject to four conditions were presented. Planning Director Gerschler said this was reviewed by the Planning Commission and they have recommended that, as the street has no present or anticipated future need for public purposes, the vacation subject to four conditions attached be approved; the City Council about a year ago had a similar request for the north half of Sixth Street; the Council approved the vacation but didn't finalize it because they were waiting; they instructed the developers of the adjacent properties that they want to review the plans for the construction of that project before allowing the street vacation; it was staff's recommendation they do the same thing in subject case, that they approve the vacation but withhold the final action on the resolution of vacation until they have seen the plans for the project to be erected on the property. Moved by Camacho, seconded by Pinson, the City Planners' and Director's recommendation be approved that the vacation be_approved subject to the four conditions. Carried by unanimous vote. The City initiated street closing and opening: a portion of "M" Avenue south of 24th Street and north of 26th Street and the Planning Department transmittal stating the Planning Commission recommends subject vacation were presented. Planning Director Gerschler stated this item was for the closing and opening of a portion of "M" Avenue south of 24fih Street and north of 26th Street; the Planning Commission recommends vacation of the street, making the finding there are no present or anticipated future needsfor public services; this was part of a 1911 Assessment District project; they -are building a small cul-de-sac at the end of "M" Street; the street opening i•s the trade of property for street vacation arranged as part of the 1911 project;`the Planning Commission recommends in favor. Moved by Pinson, seconded by Camacho, the Planning Commission's recommen- dation be approved. Carried by unanimous vote. An application to annex territory to National City (north and south of Paradise Valley Road, East of Plaza Blvd.) and Planning Department trans- mittal stating staff recommends the Council either proceed with processing the application or advise the applicant the City does not wish to proceed and stating that perhaps the applicant should be encouraged to obtain consent of other property owners in the area to seek annexation of the entire "island" were presented. Planning Director Gerschler said this is a request for annexation of a small parcel of property on Paradise Valley Road just east of the intersection of 8th on Plaza Boulevard; there is a small island of approximately 27 acres bounded by National City and the City of San Diego; the property is on the south side of Paradise Valley 10/31/72 71 Road just east of the intersection of Plaza Boulevard; the subject property is a little less than 5 acres, 5 acres being part of that 27 acre island; the staff has pointed out that it would probably be well as long as they were going through the cost and motion of annexation to attempt to annex the entire 27 acres; if this is the Council's wish, the Council could initiate such an annexation proceeding combined with the request they have before them tonight and turn the whole matter over to LAFCO; on the City Clerk's Item 2-a tonight in reference to a communication just received from the Local Agency Formation Commission staff regarding certain court action that might affect the Uninhabited Annexation Act of 1949 under which this property they were talking about tonight would be annexed. Acting City Attorney Lincoln said there was a case that was settled September 29 in California that declared unconstitutional the present Uninhabited Annexation Act; it was difficult to determine what effect this would have, whether it wiped it out completely so that there was no way to annex property which used to fall within that area or whether they use a normal inhabited annexation procedure to annex that area; the message in this communication said that the Local Agency Formation Commission in Los Angeles had discontinued all annexations pending their counsel's opinion on this; San Diego's LAFCO has not yet made an interpretation. Moved by Morgan, seconded by Reid, they move as far as they could with this annexation and annex it if ssible all 27 acres. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said last week the Director of Parks & Recreation recommended that the University of San Diego be allowed to use El Toyon Park and Council voted against it; he had received further information on this. Moved by Pinson, seconded by Waters, they reconsider the matter. Carried by the following vote, to -wit: Ayes: Pinson, Reid, Waters, Morgan. Nays: None, Abstaining: Camacho. Councilman Pinson said the USD college team season starts in January or February and ends in April; the only other teams that use the El Toyon Park is the Colt League which starts in May, the Casey Stengel League and the American League which starts in June and ends in August; at the time when USD wants to use this field no one uses that field; the soccer league plays in the winter; the Girls' Softball Team and the Little League couldn't ;re this field. Moved by Pinson, seconded by Reid, the USD college team be allowed to use the field in conjunction with the Director of Park & Recreation's recom- mendation of last week. Carried by unanimous vote. CITY MANAGER OSBURN stated he forgot to bring up the Christmas decorations that they saw in the pre -Council meeting. Moved by Waters, seconded by Camacho, in favor of Plan No. 1. Mayor Morgan said that was $6600. Carried by unanimous vote. MAYOR MORGAN said he was back on the drunks again; there was a young fellow who was going home and was within three blocks of his home and got himself arrested; he was walking and they took him to the police station and booked him and fingerprinted him; they came down at like 6:00 and paid a $35 bond and got him out of jail; it seemed like a he hated to buck the Cheif on this - but it seemed there should be a better way.. City Manager Osburn said he would like to get a report on that. Mayor Morgan said they had had so many complaints on 16th and Harbison; he was thinking it was not going to work out there for the benefit of the people; it slows the traffic down and especially going west; had the City Manager checked into this. City Manager Osburn said no, the first night the new markings were in effect he heard of an accident up there and he went up; the accident was not at 16th and Harbison; it was about a block away; he thought it would have happened regardless of what was up there; in about three weeks 18th Street will be opened and 16th Street closed by the Division of Highways and they will be looking for traffic in that area. Councilman Waters said he received 5 complaints on that; it was 10/31/72 72 the lousiest marking he had ever seen; one guy came in and said there had been three accidents there in the last weak or two since it had been changed. Moved by Reid, seconded by Camachn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:06 p.m. C City Clerk City of National City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of November 14, 1972. r--] No corrections [1:1 Correction as noted below Mayor, City wof i 'atonal City, California 10/31/72