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HomeMy WebLinkAbout1971 06-22 CC MIN143 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,, CALIFORNIA June 22, 1971 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: tamachoi Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Foster, Gerschler, McLean, Minogue, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Reverend Reginald Berry, First Congrega- tional Church. APP'ROVA. OF MINUTES Moved by Waters, seconded by Reid, t;,he minutes of the regular *eet;9. oaf June 15, 1971 be approved, Carried by unanimous vote. COUNCIL, COMMUNICATIONS VICE MAYOR WATERS said he would like to set a Finance Committee meeting for Tuesday, 4:00 p.m., June 29, Conference Room. Moved by Hogue, seconded by Camacho, the reccammendstion of the Chaia�man o the Firranc Committee be approved. Carried by unanimous vote. COUNCILMAN CAMACHO said in putting up the new restrovm facilities in the Pony League area, he was under the impression it was going to be located between the Little League and the Pony League Fields; however, they put it on another site. City Manager Osburn replied he would . Check; he understood the Council had approved the site for the project. VICE MAYOR WATERS said he wanted to say more on the Finance. Committee meeting; at this meeting they intend to take on all of the heads of depart- ments and their needs. Vice Mayor Waters asked the City Manager to notify all department heads they will discuss their needs at this time. MAYOR MORGAN recommended the apppin tment of Mrs. Lorna, Harris, iia- ,1 . eth St re t t i f .l.l. t e vacant on the Paark &Retreat ~ on Adv .soar r d. Moved by Waters, seconded by Camacho, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN recommended the appointment of Benjamin Felizardo, 34 "U" Avenue t to the Traffic Safety Committee. Moved by Hogue, seconded by Camacho, the Ma or's recommendation be a roved. Carried by unanimous vote. MAYOR MORGAN inquired about the young people working on weeds. City Manager Osburn said the City has 5 NYC people who will work this week cleaning upr parkways; they will get more as time goes on, but this is all they assigned to the City at this time. Mayor Morgan inquired about State property; what will happen there. City Manager Osburn replied the State will receive a notice to clean their property just like anyone else; the City will either clean it for them and bill them or they will have someone come in. Vice Mayor Waters said parkways had been up in the air for many years; they seem to pass the buck from the Recreation Department to Public Works; how about the City Manager getting down and setting some type of policy and bring back to the Council. Mayor Morgan said it has been the policy that the property owners are responsible for cleaning their parkways. Vice Mayor Waters said if this is the case, then they should enforce it. Mayor Morgan said they will be enforced. Councilman Hogue suggested planting a grass from Africa that just grows to a certain height, acts as a deterrent against other types of weeds, has color and is fire resistant, and is almost impossible to kill, it doesn't run like Bermuda. ORAL CC NMUNICATIONS - None The PROCLAMATION of "UNITED NATIONS DAY IN NATIONAL CITY" (Sunday, October 24) was read. Moved by Reid, seconded by Camacho, the proclamation be 6/22/71 144 adopted, Carried by unanimous vote. ADOPTION CV RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be presented by title. Carried by unanimous vat e . RESOLUTION NO. 10,369, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM PLAZA BOULEVARD SEWER CONSTRUCTION FUND TO GAS TAX 2106 AND CAPITAL OUTLAY FUND TO PLAZA BOULEVARD SEWER CONSTRUCTION FUND. Moved by Camacho, seconded by Reid, Resolution No. 10069 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,370, "RESOLUTION APPOINTING NATIONAL CITY REPRESENTATIVE TO THE SAN DIEGO COUNTY WATER AUTHORITY." Moved by Waters, seconded by Camacho, Resolution No. 10,370 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,371, "RESOL►UT I ON AUTHORIZING EXECUTION OF UTILITIES AGREE- MENT NO. 15265 WITH THE STATE OF CALIFORNIA,, DIVISION OF HIGHWAYS." Moved by Camacho, seconded by Waters, Reso .ution No. 10,371 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,3720 "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OAF BEER TO NATIONAL CITY COMMUNITY RODEO ASSOCIA- TION, INC." Moved by raters, seconded by Hogue, Resolution No. 10,372 be adopted. Councilman Camacho questioned the requirement of one patrol officer per hundred, saying if there is participation of 3,000 do they have to hire 30 police officers, City Attorney McLean said if they want to proceed and grant the permit so the Rodeo Association can apply for their special permit from the Alcoholic Beverage Commission; in the meantime, they can ask the Chief of Police whether there was sane maximum number of patrol officers that would meet the requirements. Mayor Morgan asked the City Manager to bring that information back to the Council. Motion carried by the following vote, t os wit : Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. RESOLUTION NO, 10,373, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORI- ZING THE FILING OP AN APPLICATION WITH THE OFFICE OF TRAFFIC SAFETY OF THE BUSINESS AND TRANSPORTATION AGENCY OF THE STATE OF CALIFORNIA." Moved by Waters, seconded by Reid, Resolution No. 10,373 be adopted. Carried by unanimous vote. ADOPTION OF ORD I NANCES Moved by Camacho, seconded by Waters, the second reading of ordinances be by title. Carried by unanimous vote. ORDINANCE NO. 1273, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDI- NANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Allowing Industrial Meat Packing, Including Slaughtering, as a Permitted or Conditional Use in the M-A Zone)." Moved by Camacho, seconded by Reid, Ordinance No. 1273 b; adopted. Carried by unanimous vote. rt ORDINANCE NO. 1274, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDI- NANCE OF THE CITY OF NATIONAL CITY (Zone Change No. ZC-77-71, from R-2, Two Family Residence Zone, to R-4-P;D, Multiple Family Planned Development Zone, between Helen Circle and Euclid Avenue North of Plaza Boulevard." Moved by Hogue, seconded by Reid, Ordin nce No. 12?4 be ado ted. Carried by the following vote, to -wit: Ayes: Hogue, Reid, Waters, Morgan. Nays: Camacho. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said they continue on schedule on the acquisition of the water company; they will conclude the first phase of taking depositions tomorrow; he was optimistic to think they will still meet their trial date of October 18. CITY ATTORNEY McLEAN said he distributed 2 letters to the Council: one from the Chairman of the Civil Service Commission stating the Civil Service Commission after the public hearing voted unanimously to recommend to the City Council the reinstatement of Officer Raymond Duke without penalty (police reports enclosed). The City Attorney said the other letter is from 6/22/71 145 him stating he did not have a verbatim transcript of the proceedings pre- pared due to the expense involved and advissug the Council they now have the matter in their hands. Moved by Hogue, seconded by Reid, the minutes of the Civil Service Commission and their recommendations be approved. Mayor Morgan read a statement explaining the reason he was voting in favor of Officer Duke. Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $12, 305.11 Traffic Safety 3,940.56 Park 328.04 Retirement 240.00 Sewer 5,680.50 Total 22,494.21 Moved by Camacho, seconded by 4aters, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $106 , 464.70 was presented. Moved by Hogue, seconded by Camacho, this payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS The report of the CITY MANAGER in regard to alley improvements, a communica- tion from the City Engineer in regard to alley improvement and a cross section of an alley were presented. City Manager Osburn explained a method of improving alleys within the City, using 6" of concrete in a "V" shape in the center of the alley to allow the water to run down the center of the alley, the 71 side of the alley to be paved with whatever base is, required by a soil test in that particular area and then 2" of asphalt on top of that; there would be a requirement to put in a permanent alley (6" concrete) when all the properties are developed. Moved by Hogue, seconded by Camacho, this method be employed. Carried by unanimous vote. UNFINISHED NISHED BUSIES A communication from the CITY MANAGER recommending AB 2170 and A8 878 be opposed (copies of AB 2170 and AB 878 attached to the agenda) was presented. Moved by Waters, seconded by Camacho, the Cx t Lana er s reconmendat ,on be adhered to. Carried by unanimous vote. NEW BUSINESS A communication from the CITY ENGINEER in regard to the construction of 30th Street (G 59) R. S. 778-2 from I Avenue to 300' E. of Prospect Avenue and 966' on Grove Street requesting the City concur in awarding the job to Daley Corporation and stating the City's share is $87,851.36 which should be. deposited with the County Engineer was presented. City Manager Osburn said this project splits three ways between the County, the City of Chula Vista and the City of National City in relation to how much property was within each city over the entire project; he recommended the City go along with this. Moved by Reid, seconded by Camacho, the City Maager's and City Engineer's recommendation be aeproved. (City Attorney McLean left the Council Chambers at ?? 55 p.m.) Carried by unanimous vote. The recommendation of denial of applications for refund of performance bonds: (a) City Engineer's recommendation applications for 1702 Harding and 2440 J Avenue be denied; (b) Application of BILLIE C. BERNELL for re. fund of $100. performance bond; (c) Application of WILLIAM N. THORNTON for refund of $25. performance bond; (d) Application of FRANK PALLAS, 1407 N. Avenue, for refund of $25. performance bond (not covered in the City En.. gineer's letter recommending denial. Engineering Department recommends denial as the bond expired on December 22, 1970), were presented. Mayor Morgan said the people at 2440 J Avenue called him and said they were work- ing on it and within a week or 10 days will have this; he would like this part to be filed until the time they have it done and the way that they want it. (City Attorney McLean returned to the Council Chambers at 7 : 57 p.m.) Moved by Waters, seconded by Hie, in Item a, the City En ineer's 6/22/71 146 recommendation for denial at 2440 J Avenue beA brought back at the next regularly achedied s.eetin2 which 1.s two weeks from now. Carried by unanimous vote, Mayor Morgan inquired what they wanted to do with the rest of them. Moved by Camacho, seconded by Reid, 219.11.122_122E2ma.JNMaE ing tv the City_ Engineer's recommendation. Carried by unanimous vote Applications for refund of $100. performance bonds by: (a) MRS. LOUISE LACY, 20 N. La Siesta Way; and (b) MRS. R. J. PIERCE, 3726 Kellie Court (Engineering Department recommends refund) were presented. Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. A communication from the CITY MANAGER in regard to the expiration of the encroachment permit for McCune Motors on 19th Street, an AVO from the Assistant Planner and a copy of Resolution No. 10,294 authorizing the encroachment in the public right of way, 19th Street, were presented. City Manager osburn said Mr. McCune gave him a letter yesterday requesting the City extend the time on this a little longer so that all the property owners can look into it and fully assess the thing; if Council desires to give them a 30-day extension of time he will notify Mr. McCune. Moved by Reid, seconded by Hogue, the Cit Man e is recommendation fora 30-da extension 'oar MneMo torslbe approved. Carried by unanimous vote. A communication from U. S. SE ATOR JOHN V. Tt7NNEY requesting support for participation in a program designed to provide immediate jobS for a sub- stantial number of unemployed persons and enclosing Vol. 117, No. 63 of the Congressional Record descriptive of the Senate's passing the Emergency Employment Act of 1971 were presented. Ordered filed by unanimous vote. The Council considered communications in regard to the distribution of sales tax: (a) Communication from the Mayor of the City of Woodlake en- closing the City of Woodlake's resolution RE: Redistribution of Sales Tax Revenues on the Basis of Population; (b) Communication from the City of Upland enclosing Upla►nd's resolution opposing the present form of distribu- tion of sales tax revenues as being totally unfair and requesting that a more equitable distribution of these revenues be required. Moved by Morgan, seconded by Camacho, they oppose these bills. Carried by unanimous vote. The minutes of the meetings of the NATIONAL CITY FINANCE COMMITTEE: (a) Meeting of June 7; (b) Meeting of June 14, were presented. Ordered filed by unanimous vote. The application of W. E. CAGLE, CHIEF cv POLICE, for retirement from the National City Police Department effective at the end of the working day, July 15, concluding 29 years of service with the department was presented. Moved by meters, seconded by Camacho, the application from _W. E. Cagle, Chief of Police e e iv J 1 be ace t ed. Councilman Hogue sugges- ted proper recognition be given. Carr ed by unanimous vote. The recommendation of the CITY MANAGER that John F. Liesman, Assistant Police Chief, be appointed Acting Chief of Police on the retirement of Chief Cagle until the final selection was made was presented. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Vice Mayor Waters inquired if the examination for Police Chief would be an open examination. Carried by unanimous vote. the request of the DIRECTOR OF PARKS & RECREATION the City pay $100. toward the cost of travel for the judo team members to attend the National A.A.U. Junior Judo Championship at Odessa, Texas, July 9, 10, 11, was presented. Moved by Camacho, seconded by Reid, this request of the Drecior of Parks & Recreation be approved. Carried by unanimous vote. The LEAGUE OF CALIFORNIA, CITIES LEGISLATIVE BULLETINS and the City Mana- ger's recommendations: (a) Recommendations on Legislative Bulletin (copy attached to agenda) dated June 10 (SB 1352, SB 573, SB 574, AB 1098) ; (b) Recommendations on Legislative Bulletin (copy attached to the agenda) dated June 10 (AB 16170 AB 2294, Planning & Zoning, S8 333, SB 813, AB 2548, AB 411) , were presented. Moved by Morgan, sec.onded by Reid, the recommendation s of the Manager be ao mowed. Carried by unanimous vote. 6/22/71 147 A communication from the CITY MANAGER filing 3 items with the City Clerk (No Council Action Necessary): (1) Minutes of the regular meeting of the Board of Directors of the San Diego County Water Authority, dated 5/13/71; (2) Report of Authority operations for the month of May, 1971 from the San Diego County Water Authority dated 5/31/71; (3) better from the San Diego County Water Authority dated 6/2/71 enclosing tabulations showing changes in quantity of water stored in the San Vicente Reservoir as of 5/31/71, and average monthly water deliveries in c.f.s. by Authority to member agencies for fiscal year 197O 71, was presented. REPORTS CITY MANAGER OSBORN said they received word from the San Diego Transit Cora poration that their new schedules have been approved; National City's was not exactly as the City recommended; our total deficit now is estimated at $13,629.00 a year; there will be a readjustment of this estimate every three months; he recommended they approve the schedule as submitted. Moved by Hogue, seconded by Camacho, the CityManarecommendat i,on be a ro ed pertaining to the transit company. Carried by the following vote, to -grit Ayes: Camacho,ogue, Reid, Morgan. Nays: Waters. CITY MANAGER OSSURN said Mr. Alvaro Celaya requested the Council sanction a program of boxing in the Casa. Moved by Hogue, seconded by Camacho, this gentleman's recommendation be approved* There was discussion. Carried yb the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: Reid. CITY CLERK MINOGUE reported receipt of: (a) Communication from Congressman Van Deerlin stating he cannot ,support the objectives in National City's Buy America resolution; (b) Communication from Congressman Wilson acknowledging receipt of a resolution on buying American made products; (c) Communication from State Senator James R. Mils acknowledging receipt of a resolution opposing ACA 67. Ordered filed by unanimous vote. the CITY CLERK MINOGUE displayed and explained/eupervisorial redistricting map prepared by the Registrar of Voters upon instructions from Mr. Boney (Plan 07) . Moved by Reid, seconded by Waters, Plan 07 be approved in addition to N.C. Ma No. 4. Carried by unanimous vote. PLANNING DIRECTOR QERSCHLER presented his letter of transmittal dated June 17, 1971 in regard to NATIONAL AVENUE LAND USE AND ZONING PROBLEMS reporting the Planning recommended 5 specific things be done regarding the National Avenue question; some of these would have an effect upon other commercial properties throughout the city; an attached document was the staff report of June 4, 1971 which contained 4 specific recommendations: the first one was that the Zoning Code be amended to add a new requirement for additional off- street parking when commercial property is converted to such uses as restaurants, bars, theaters that have unusually heavy occupant loads; if the City Council were to approve the recommendation in No. 1, it would be appropriate to refer it to the Planning Commission for the preparation of an ordinance. Planning Director Gerschler said Item No. 2 recommended they extend the interim ordinance prohibiting the conversions to entertainment uses in the C-3 Zone for one year to July, 1972, or until a plan for the National Avenue business district could be prepared, whichever happens first; the area is now under an interim ordinance that expires next month, July, 1971; the State Law requires that before you can renew this interim ordinance you must first have a public hearing on it; it was their recommen. dation if the Council approved the City Clerk set this matter for a public hearing prior to July 20, 1971. Moved by Camacho, seconded by Waters, the; acce t the Cit Planner:s r cc nmendatjon to set a ublic heari n on Item No. 2. Moved by Hogue, seconded by Waters, the motion be amended to acce t the recommendation of the Plannin Director in re and to the National Avenue land use and zoning problems. Amendment to the motion carried by unanimous vote. The original motion carried by unanimous vote. Planning Director Gerschler said Items 3 and 4 of their recommendation, Item 3... Moved by Hogue, seconded by Camacho, under Planning Director, Item No. 3-b, "Communication stating the Planning Commission approved the request for a Conditional Use Permit by Wright Meat Packi g Co.__subject to 11 conditions," be approved. Carried by unanimous vote. 6/22/71 148 MAYOR MORGAN said the next three items ("c. Communication from. Planning Director stating the P1anr ing Co m i eion approved the application for Zone Variance No, Z..83 and recIdeliting it be scheduled for the agenda of July 13; d. Communication frOm Director of Planning stating the Planning Commission approved the application for Zane Variance No. Z-84 and requesting it be scheduled for the Council agenda off' July 13; e, Communication from Planning Director stating the Planning Commission approved application for zone variance No. Z-►85 and requesting it he scheduled for the Council agenda of July 13") were for 3 public hearings. Planning Director Gerschler said the three variances were a matter of notice only if no appeals were filed prior to the date of July 13; the City Council will then be prepared to act finally on those cases. The Planning Director suggested they be put on the agenda for July 13. Moved by Hogue, seconded by Waters, the P .annetr t f rcmmengation be approved. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meet.rr be adjourned to Julyb, 1971. Carried, byunanimous vote. The meeting was adjca~urne # at 8:28 p.m., City Clerk City o National Ci y, Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of Ju3y 6, 1971, No corrections Correction as noted below ilyor,C yat Nat .ona1 City, Caii drniaa 6/22/71