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HomeMy WebLinkAbout1972 11-28 CC MIN96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 28, 1972 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, 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 the Rev. Robert Davis, First United Methodist Church APPROVAL OF MINUTES Moved by Pinson, seconded by Waters, the minutes of the regular meeting of November 21, 1972 be approved, Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None REQUEST BY MILT POLLARD TO ADDRESS THE CITY COUNCIL MR. POLLARD, 4228 Acacia, Bonita, was present and said he came to the Mayor for assistance in developing the Santa Fe Depot as a restaurant. Mr. Pollard said they had discussed and planned this for about a year and two months; everyone (Stan Biggs, Malcholm Gerschler, Bill Wright) had been cooperative helping with this project. An architect's rendering of the exterior of the restaurant to be known as "The Depot" was displayed. Mr. Pollard said always in the back of their minds was the belief the depot should be kept in its orginal shape; it was a part of the history of National City; they will add a water tower on the right for kitchen facilities; the train pictured was being loaned by railroad buffs in San Diego; the club car was coming from the north and the caboose was coming from Stockton; the car will be in the mode of a Gay 90's and there will be eating and drinking facilities in the car; the freight room will be one of the two restaurants in the facility; they were keeping it as natural as they see it today with wooden beams (so far as the Health Department will allow them); there would be a novel bar made of railroad ties and the cocktail and dinner tables will be of railroad ties; the formal area of the dining room they hoped would compete with Lubach's Restaurant. Mr. Pollard introduced Jim Bird and Walt Fujimoto (architects) who carried out the ideas and helped get it through the Planning Department. Mr. Pollard said there would be 44 parking places; they were trying to secure old-fashioned lights and lamp posts and some of the old benches the railroad used; there were trying to keep the decor in the 1880's. CHARLES PAYNE, Senior Commercial Representative, Santa Fe Railroad, was present and said the structure was built by the California Southern Railroad in 1881; the depot was part of a new commercial real estate development pro- gram going on across the country; this will be their first commercial development in National City; they have two others in San Diego County; they hoped to open "The Depot" about February of next year; the Santa Fe would like to assist Mr. Pollard in doing whatever is necessary; he hoped it would be a credit to the City of National City. There was discussion. Councilman Waters said their industrial area was growing, development was coming; and asked what would be done if there was a need for another depot. M. Payne said they have additional property; they have all the way from 21st St. down. Councilman Waters said there would be a hearing Dec. 14 to listen to the protests they have; there were some in the community who were objecting 1)j28/72 97 including the Honorable Wadie P. Deddeh, Assemblyman; he couldn't understand why they didn't wait until the hearing was over as there was a possibility they won't close it. Mayor Morgan said Mr. & Mrs. Pollard were inviting all members of the Council over to the depot tonight after the Council meeting. ORAL COMMUNICATIONS DONALD R. JONES, 2120 Valle Vista, was present and announced that on Satur- day, December 2, the National City Jaycees will stage a "Junior Miss" pageant at National City Junior High School auditorium at 8:00 p.m.; and invited the Council to attend. HARRY WALLINGFORD, 1506 "G" Avenue, was present and thanked the Council; he was before them about three weeks ago and asked them to consider paving "G" Ave. between 15th and 16th Streets; they started working on it Monday. Mr. Wallingford said he understood there was no intention at this time to improve 15th Street; when he bought this property, he understood that by putting in the curbs down to the alley at the end of his property, half of 15th Street would be paved. Mr. Wallingford said 15th Street ends at "G"; it is a driveable area when it doesn't rain between 15th and the back of the Food Basket store; if this was not going to be utilized as a street, most of the people on "G" Avenue would like to have this blocked off. Mr. Wallingford continued there is a little valley there and when it rains the water stands; from talking to people he understood that in the near future there was going to be a gutter put in across there for the drainage; he would like to find out if this was going to be in the near future. Mayor Morgan said Mr. Wallingford would probably have to talk to the Manager and Engineering and see what they plan. There was discussion. Mayor Morgan said if that vacant piece of property ever developed there the City would be concerned about a drain to protect the public property there; he was sure it would be taken care of at that tine. TIMOTHY MOURNIAN, 2721 "B" Avenue, was present and said last week he came before the Council to ask for a car rally; they had it and it was really a big success; Mr. Morgan was there and Mr. Hokenson was their escort; they won and they were the underdogs. Mr. Mournian requested another one for Friday (Dec. 1) also because it would be a great spirit raiser. Moved by Camacho, seconded by Reid, permission be granted to these .un• •eo•le from Sweetwater Union High School to have their rail.. There was discussion. Carried by unanimous vote. JIM EMERY, MANAGER, PACIFIC ORDNANCE ELECTRONICS, 2100 Roosevelt, was present and spoke in regard to the mobile office he requested. City Manager Osburn said he had a report on this. City Clerk Campbell said it was listed under Referrals ("Report in regard to request of Pacific Ordnance Electronics for permit for temporary mobile office - Oral Report") . Mayor Morgan said if there were no objections they would permit the Manager to read the report. The City Manager said staff looked over this site; the trailer is new and complies with the California State construction requirements for commercial occupancy under Title 25 of the California Administrative Code; it is the recommendation of this office that the request for temporary office use be approved, subject to the following conditions: (a) Time limit --- 12 months; (b) Time limit may be extended an additional 120 days upon request by the owners, provided that a building permit for the construction of permanent office facilities has been issued. Moved by Camacho, seconded by Reid, this request be granted and with all the specifications made by staff. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. HEARINGS The CONTINUED HEARING ON THE 1911 ACT IMPROVEMENT OF 17TH STREET WESTERLY OF NEWELL, ASSESSMENT DISTRICT NO. 180 (HEARING ON THE RESOLUTION OF INTEN-- TION) was held at this time. City Clerk Campbell said a copy of the petition of six property owners to install their own gutters, curbs and driveway 11/28/72 98 aprons and the City to install temporary street was attached to the agenda; also attached was a statement of the Council's policy on the installation of. temporary paving, ROBERT ONLEY, Assessment Engineer, reported on two points# In answer to the question, would the large parcels that were owned by developers pay less under an Improvement Act than if they were improved individually; this was not true; in selling 1911 Act bonds the contractor gets bids from bonding companies to make his quotations to the city; this is always less than $1,00 for $1.00 because- the bonding company has to make money on their bonds; historically, it was about 11% difference on the type of improvement they were doing now, Mr. Onley said, secondly, he would read excerpts from a book on special assessment bonds by Eugene K, Sturgis, a recognized authority for 1911 Act improvements and member of the California Bar with 48 years experience in special assessments. "What is an assessment district? An assessment district may be defined as an area within a city, county or other political subdivision which will receive special and parti- cular benefit from the construction or acquisition of public improvements, Anassessment district is an area of special, benefit; it has no legal life of its own; it cannot sue or be sued; it has no ability to act by itself; its instrumentality is the governing body of the local political subdivision which controls the area in which the improvements are to be made or the property to be acquired, Assessment districts do not rest for their creation or existence upon votes of numbers of people, but rather upon the wishes of the owners of the property benefited, The concept is that those who are to pay the bill can determine whether one shall be created or not created, subject to the cooperation of the governing body of the area in which the property is located. The fundamental purposes of assessment districts are: 1. To enable property owners in an area to cause public improvements to be constructed which particularly benefit the property in that area, and 2. To enable the owners of a majority of the area of property benefited to compel the reluctant owners of a minority of the area of property benefited to pay their fair share of the total Costar There was discussion regarding the requirements of the developers to install street improvements, whether or not these requirements had been waived, the hardship on the other property owners, Mr, Onley said there was a letter Mr. Foster had written and as he remembered it, if this 1911 Act didn't go through, if it was not successful, that the people who got the deferrals would have to put in their improve.. ments within a certain length of tine, No one was present in this regard. Moved by Morgan, seconded by Waters, the not a rove the 1911 Act and abandon a 1911 Act project on E, 1,7th Street. Carried by unanimous vote. The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC-10.•72 AND AMENDMENT TO THE GENERAL PLAN TO ACHIEVE COMPLIANCE WITH GOVERNMENT CODE SEC, 65860 TO REZONE FROM TC-PD, TOURIST COMMERCIAL PLANNED DEVELOPMENT, TO R-1, SINGLE FAMILY RESIDENCE, R..2 TWO»FAMILY RESIDENCE, OR R..4•►PD, MULTIPLE FAMILY PLANNED DEVELOPMENT, THE PROPERTIES AT 2405, 2411 * 2415, 2435, AND 2501 EAST 13TH STREET AND TO AMEND THE GENERA,. PLAN TO DESIGNATE FOR COMMERCIAL USE THOSE PRQPERTIES ZONED COMMERCIAL was held at this time. (The Certificate of Publication and Planning Department transmittal stating the Planning Commis,. sion recommended rezoning to an R�►2, Two Family Residence Zone, and to amend the General Plan to designate it as such were presented at the hearing November 21.) Planning Director Gerschler said they presented this case at the last meeting of the City Council along with the Planning Commission's recommendation in favor of this action; it was referred back to them to check the minutes and the records and wishes of the property owners involved; there are five residential use lots involved in this case; notice was given to all of the five owners; they had a response from three of them; one of them, apparently the owners of record on the assessment roll, moved and left no forwarding address and the fifth person did not respond in any way; of the three people who responded, two of them asked for R-2 zoning; the third one indicated they would be happy with whatever their neighbors got,. Mayor Morgan inquired if there was anyone in the audience to speak. No one was present in this regard, Moved by Waters, seconded by Camacho, the public hearinc be closed and the proposed Zone Change ZC«4.0 .72 and amendment to the General Plan be achieved and all stipulations of staff be adhered to, Cairri.ed by unanimous vote. 11/28/72 99 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,895, "Resolution Employing Real Estate Technology, Inc. and Doty and Associates As Project Developers for Housing Facility for the Elderly" was listed on the agenda but was not presented. RESOLUTION NO. 10,896, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT." Moved by Waters, seconded by Reid, Resolution No. 10,896 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,897, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER, SIDEWALK AND PERMANENT PAVING FOR ONE-HALF OF THE STREET WIDTH AT 635 "T" AVENUE (Family Park Apartments)." Moved by Reid, seconded by Camacho, Resolution No. 10,897 be adopted. Carried by the following; vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. RESOLUTION NO, 10,898, "RESOLUTION APPROVING NATIONAL CITY PUBLIC LIBRARY STATEMENT OF GENERAL POLICY AND SELECTION CRITERIA AND POLICY FOR USE OF LIBRARY CONFERENCE ROOM." Moved by Camacho, seconded by Reid, Resolution No, 10,898 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,899, "RESOLUTION ADOPTING INTERIM OPEN SPACE PLAN FOR SUBMISSION TO SECRETARY OF STATE OF CALIFORNIA RESOURCES AGENCY." Moved by Pinson, seconded by Camacho, Resolution No. 10 t899 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,900, "RESOLUTION PROCEEDINGS DESIGNATED AS 'JANISIK seconded by Waters, vote. CONSENTING TO COMMENCEMENT OF ANNEXATION AND MONROE ANNEXATION'." Moved by Reid, Resolution No. 10,900 be adopted, Carried by unanimous RESOLUTION NO. 10,901, "RESOLUTION GRANTING A LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 (No. 47 ., Intercontinental Cinemas Corporation)." Moved by Pinson, seconded by Waters, Resolution No. 10 901 be adopted. There was discussion. Carried by unanimous vote. RESOLUTION NO. 10,902, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement for Street Purposes to City of National City)." Moved by Camacho, seconded by Reid, Resolution No. 10,902 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES CITY ATTORNEY McLEAN said he would ask the Council to pass the ordinances on the agenda which would allow one more review by Mr. Gerschler and him; he suspected they made an error in these ordinances (1. "Ordinance No. 11/28/72-1, 'An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, ZC-15-72, Rezone from C-2, Limited Commercial, to R-4, Multiple Family Residence, Property West of Palm Avenue between First and Fourth Streets''; 2. Ordinance No. 11/28/72-2, 'An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, ZC-16-72, Rezone from C-2, Limited Commercial, to R-4, Multiple Family Residence, Properties at 835, 932, 1019-1033 and 1214-1220 East l8th Street, and 1723 through 1733 'J' Avenue and 1810 'J' Avenue'; 3. Ordinance No. 11/28/72-3, 'An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, ZC-17-72, Rezone from C-2, Limited Commercial, to R-2, Two Family Residence, at the Southwest Corner of 24th Street and Granger Avenue' 4. Ordinance No. 11/28/72-4, 'An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, ZC-18-72, Rezone from C-2, Limited Commercial, to R-4, Multiple Family Residence, portions of property at 1104 Palm Avenue*"), Moved by Waters, seconded by Camacho, the City Attorney's recommendation be approved on Items 1, 2, 3, and 4 under 11/28/72 100 Introduction of Ordinances, to be referred back a week from today. Carried by unanimous vote, REPORT OF CITY ATTORNEY - None APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $11,332.03 Traffic Safety 703.84 Park 481.27 Retirement 11,228.50 Sewer 484.51 $24,230.15 Total Moved by Camacho, seconded by Reid, these bills be aid and warrants drawn.. Carried by the following vote, toy -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS "Report in regard to request of Pacific Ordnance. Electronics for permit for temporary mobile office" was acted on under Oral Communications. NEW BUSINESS An application for on -sale general, eating place, liquor license for the two premises located at 704 (Western Steak House) and 710 (Golden Barrel) National Avenue by Esther M. and Walter J. Roha and the Chief of Police's recommendation that until five questions are resolved, consideration be given to protesting the application were presented. Moved by Camacho, seconded by Reid, the Chief of Police's recommendation (to protest) be approved. There was discussion. WALTER J. ROHA, 2130 E. 12th Street, was present and said his intention was to try to serve food in his cocktail lounge and he found out that the only way they could do it was use their existing businesses; the only way they could do it now would be to walk out- side on the sidewalk and then come back in; he wanted to cut a doorway and have his waitresses carry the food in there; he found out from ABC he couldn't do it that way; in order to do it he had to get permission to extend the premises; either that, or he had to put a kitchen in the cocktail lounge; that was ridiculous because he already had the kitchen in the steak house. There was further discussion. City Attorney McLean said the license that was being applied for would permit the unlimited selling of mixed drinks in what is now the restaurant; so, they will have side by side premises now licensed for mixed drinks; the license will allow the serving of mixed drinks in both places unless there is a protest filed and then they issue some sort of conditional license. City Attorney McLean asked Mr. Roha if he had asked the Alcoholic Beverage Control Board what their requirements would be if he had central service counter with an opening between the two places so they could pass food back and forth. City Attorney McLean said it could be put on one side and the waitress could pick it up on the other side. Mr. Roha said he didn't have the manpower for it. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. A communication from the EXECUTIVE DIRECTOR, MAAC, in regard to funds received by the City under the Revenue Sharing Program and stating a reason- able amount of the monies (approximately 10%) should be used to provide social services to citizens in need of assistance was presented. Moved by Morgan, seconded by Camacho, this item be filed. VICTOR A. NIMe d EXECUTIVE DIRECTOR OF THE MAAC PROJECT, 825 "A" Avenue, was present and /he wrote to Mr. Osburn, the City Manager, and he had no idea it would be put before the City Council; he would like to go over the idea of revenue sharing and would like to read from the act that was passed Oct. 20, 1972; Section 103, Use of Funds for Local Governments with Priorities Expenditures, in general, 11/28/72 101 funds received by units of local government...may be used only for priority expenditures...ordinary and necessary maintenance operations expenses for public safety including law enforcement, fire protection and building codes enforcement; environment protection, including sewerage disposal, sanitation and pollution abatement; public transportation, including transit systems, the streets and roads; recreation; library; social services for the poor and aged and financial administration. Mr. Nieto said the intent of his letter was to speak to the items of social service under the priorities of the poor and aged; his intent was to come to the City Council after speaking with the City Manager and assistants and to try to feel out what the intent of the City was; the essence of his request was the Council direct the staff to research the feasibility of expenditures of revenue sharing in the area of social services for the poor and aged; at this time National City does not sponsor any such programs for the poor and this City, as he stated in his letter to Mr. Osburn, has approximately one-third poverty within its City limits; and yet the City has nothing to alleviate this. There was discussion. Mayor Morgan said the Federal Government has just dropped a few crumbs to the City of National City but they have given the bulk of the money to the County of San Diego; what they need to do is go after it; he would help him. Moved by Camacho, seconded by Reid, the motion be amended that the Mayor act on behalf of the Council to get this money from the County and to assist Mr. Nieto in any way possible. Amendment to the motion carried by unanimous vote, Original motion to file without action was carried by unanimous vote. A communication from the EXECUTIVE DIRECTOR, MAAC, in regard to their Christmas party for 1,300 youngsters in the South Bay area and soliciting Council's help was considered at this time. VICTOR A. NIETO, EXECUTIVE DIRECTOR, MAAC PROJECT, introduced a member of his staff who was directing the Christmas program, MRS. VIRGINIA MARTINEZ, 2013 Wilson Avenue. Mrs. Martinez said in the South Bay area there are over 10,000 children whose parents were receiving State aid; as a result of unemployment the children suffer; during the Christmas season and when they return back to the school where everybody else turns up with gifts they had received; at MAAC they took it upon themselves to provide those who were less fortunate than themselves with a small toy, candy, food, entertainment, and most of all, with their love; her purpose here tonight was to extend to them an opportunity to be part of this extremely worthwhile project, to join them in making this Christmas possible, a merry Christmas to an unfortunate child in their area; the MAAC Project in past years has provided Christmas programs usually they handle 300400 children here at the MAAC Center; they are of lower income families; this year they hope to extend their Christmas program to well over 1,000 children that might not be otherwise fortunate enough to have a Christmas at all; they propose to try and provide a child with one gift, if possible; they will entertain them with musicians, singers, some dancing; they will have the news commentator from KGTV; they will have some food and drinks, a Santa Claus, clowns, candy and transportation to and from the party; this is a huge undertaking that requires lots of planning and organizing; we have received committments from various concerned citizens groups, agencies; although the response so far has been favorable, they still need more support; the cost of this program is in the thousands and she was appealing to Council to take part in the true spirit of Christmas by giving. Mayor Morgan suggested the Manager meet with her so he could talk with her and report to the Council. Mrs. Martinez said they would appreciate anything they could do. Mayor Morgan said Mrs. Martinez could meet with the City Manager between now and next Tuesday and he could put on the agenda what he thinks the City could help her with. There was discussion. Moved by Morgan, seconded by Waters, the refer this roblem to the Git Manager and the City Manager will hel_her in every way possible to satisfx these kids at Christmas and he will tell the Council what he has done next week* Carried by unanimous vote. A communication from the DEPUTY DIRECTOR, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, Sacramento, in regard to Affirmative Housing Plan Guidelines 11/28/72 102 and advising that legislation effective March 4, 1972, prohibits the use of local planning and zoning laws, including other local powers, to discriminate against housing financed by federally subsidized, assisted, or insured housing, was presented. Ordered filed by unanimous vote. A communication from the MAYOR, CITY OF HALF MOON BAY, in regard to Proposi- tion 20 and stating he will continue to work with all cities to prevent erosion of home rule was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER stating the Mayor requests a meeting of the Real Estate Committee at 4:00 p.m., Wednesday, December 6, to discuss the covering of the Paradise Creek Drain from Plaza Boulevard to Interstate 805 was presented. Moved by Waters, seconded by Reid, the Mayor's recommen- dation be approved. Carried by unanimous vote. Mayor Morgan announced the meeting was open to the public. A communication from the ACTING DIRECTOR OF PARKS & RECREATION in regard to the Christmas Lighting Ceremony and suggesting December 9 as the date for same was presented. Ordered filed by unanimous vote. The application of the NATIONAL CITY POLICE OFFICERS for use of the Kimball Park Community Building Annex on December 9 for a children's Christmas party and the Park & Recreation Director's Communication stating he is unable to grant use without cost because the event is not open to the public were presented. Moved by Waters, seconded by Pinson, the request of the National City Police Officers be approved. Carried by unanimous vote. A communication from the PASTOR, THE BAPTIST TEMPLE, 2145 East 8th Street, in regard to drainage problem and stating they are willing to dedicate a 20' strip of land on "V" Avenue at 8th Street running north on "V" for 185.75' if in return the City would make the necessary street improvements to halt the flow of water onto and across Church property was presented. Moved by Morgan, seconded by Reid, this item be filed. There was discussion. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN requested an executive session. Mayor Morgan said he would call the executive session as soon as they finish the agenda. CITY CLERK CAMPBELL reported receipt of an Order Reopening Investigation before the PUC on the Commission's own motion into the Rules Pertaining to Underground Extensions to Commercial and Industrial Developments and to Individual Customers of all Electric and Communication Public Utilities in the State which was on file. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO said everyone was invited to attend their Sister City's report to the people of Tecate on the first year of operation of the new council and ,yoi; he represented the City of National City; there was a tremendous response from the people; they are very happy with what had been done in Tecate. MAYOR MORGAN recommended the appointment of Mr. Howard Smith to the Traffic Safety Committee. Moved by Waters, seconded by Pinson, the Mayor's recom- mendation be approved. Carried by unanimous vote. MAYOR MORGAN said he still questioned the $47,000 expenditure for expansion of the Bowl; this is the only time they could make a change in that and he was wondering if it was wise to spend money as the Bowl is used only one or possibly two times a year. MAYOR MORGAN called an executive session at 9:1i p.m. 11/28/72 103 The meeting reconvened at 9:34 p.m. Council members present: Camacho, Pinson, Reid, Waters, Morgan. Absent: None. Moved by Pinson, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:35 p.m. City Clerk City of National City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of December 5, 1972. No Corrections Correction as noted below Mayor, City sue" National City, California 11/28/72