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HomeMy WebLinkAbout1971 11-02 CC MIN265 MINUTES'. OP THE REGULAR MEETING OP THE CITY COUNCIL OP THE CITY OP NATIONAL CITY, CALIFORNIA November 2, 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. uO,c, CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Poster, 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 Rev. Davis, First Methodist Church. APPROVAL OF MINUTES Mayor Morgan said he would like the minutes to show that the bridge dis- cussed at the October 19 Council meeting was over Euclid, not Plaza Boulevar*' Moved by Waters, seconded by Hogue,, the minutes of the regular meeting of October 26i 1971 and thr crrect on to the mein tes of October 19 be approved, Carried by unanimous vot tt'' . T COUNCIL COMMUNICATIONS VICE MAYOR WATERS said he was concerned about National Avenue; some time ago he recommended the Council corder Commercial Entertainment Zoning on National Avenue; his concern was there is no control over businesses such as adult book stores and theatres;: . they can go anywhere in the City; State law says Council can't stop them from coming into the community; it was their responsibility to see thatsuch businesses be confined to com- patible areas. The Vice Mayor recommended the Planner continue a study of Commercial Entertainment Zoning between 6th St. and Plaza Boulevard on National. Planning Director Gerschler said they were working on it; they were working on a revision of the Zoning Code; when he makes that presen- tation (which will be soon) he will have in it a zoning section which could be used for this very purpose. COUNCILMAN HOGUE said last night Bob Mills on Channel 10 TV featured Granger Music Hall and demonstrated its historical value; he knew they were short of money, but he had never been in the music hall, had never seen it, and had nevercared anything about it; whatever the Council could do to retain such a thing as this woad be a compliment, not only to the City itself but to all the people in this area. MAYOR MORGAN recommended the appointment of Howard Heath to the Civil Service Commission. Moved by Camacho, seconded by Reid, the Mayor's recommendation be approved. There was discussion, Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Hogue, Waters.. MAYOR MORGAN said there were two vacancies on the Traffic Safety Committee and he would be very happy to receive suggestions for appointees. MAYOR MORGAN recommended the - • • •intm- nt of o Reid to the Ma tim - Ban Review, Moved by Waters, seconded by Hogue, the Mayor's recommendat 00 be approved. Carried by unanimous vote. Olta, COMMUNICATIONS RAYMOND KENNY, 1803 E. 24th Street, was present and said he submitted new 11/2/71 266 plans for change of a building on Grove Street. mayor Morgan said this would come up under the Planning Director's report,, AUGYE BAREMD, (MAPA), 2030 Orange Street, was present to inform Council and to get a commi ttment from them for the remodeling Of Casa de Salud for a teen center; Hazel Stockman assisted the young people in getting an endorsement from the Citizens Improvement Advisory Committee; the cOmmitt- ment was there with the understanding that if the Council saw fit to address itself to the issue then the City would seek Federal funds. There was discussion. City Manager Osburn said they were waiting for the drawings from the architect but they don't have them yet; they have to present some kind of drawings along with their request for the Federal funds; they have budgeted $2,000. Mr. Bareno said he realized this, his point was that if they were going to pass a concept later on, then pass it with teeth in it so that another year won't pass them by with no results. CURTIS YOUNG, 1223 Nolan Street, Chula Vista, was present in regard to plans for apartments at 18th and "IC". Mayor Morgan said the plans would be considered under the Planning Director's report. VERNE MCLEAN, 911 Angelo Drive, was present and said he wanted to spew►, on Item XX. Mayor Morgan asked Mr, McLean to speak when that came up. ADOPTION OF RESOLUTIONS Moved by Camacho, secon ed by Reid, the resolutions be read by title only. Carried by unanimous vote RESOLUTION NO, 10,491, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OP NATIONAL CITY AND THE CITY OF SAN DY (Plaza Boule- vard Interceptor Sewer)." Moved by Hogue, seconded by Reid, Resolution No. 10,491 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,492, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURE (Comfort Station Kimball Park) ." Moved by Camacho, seconded by Waters, Resolution No. 10,492 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,493, "RESOLUTION WAIVING REQU I REMENNTS FOR INSTALLATION OF CURB, GUTTER, SIDEWALK AND PAVING AT 2235 AND 2213 GROVE STREET (Starfife Homes, Inc.)." Moved by Reid, seconded by Hogue, Resolution No. 10,493 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,494, "RESOLUTION GRANTING PERMISSION TO SOUTH BAY BIBLE COMMUNITY CHURCH TO ERECT SIGNS." Moved by Waters, seconded by Reid, Resolution No. 10 494 be ado ted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1288, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA,, PROVIDING FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF ALL DWELLING UNITS AND FURTHER PROVIDING FOR THE USE OF SUCH FEES FOR PUBLIC PARK AND RECREATIONAL FACILITIES," was presented for second reading. Moved by Hogue, seconded by Camacho, Ordinance No. 1288 which states that the money will be .specifically used for the development of public parks and recreation facilities be presented by title only. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Camacho, Ordinance No. 1288 be adopted. Verne McLean, 911 Angelo Drive, was present and said he would like to offer information to the Council; last week he heard criticism from the Council the builders were going to take a drubbing on this sort of thing; the builders will advance the City $75 oe whatever the fee was going to be but the builders, being businessmen, will add this to the total cost of any units or buildings; also if they were raising the sale price of each dwelling unit $75, that $75 will be an increased eval ; uation, and that $75 will be considered whenever any of the* resell their 267 houses and it was going to show up in the tax base on the resale of the house. There was discussion, Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan.: Nays: Water Moved by Reid, seconded by Waters, this money be set aside and nothing touched, now the first $2,000 or $3,000 that this Council don't come down here and start buying up; their finances start in about 6 or 8 months and they sit down and after thinking this over and they allot this money to buy land and improvements but for now until finance not a dime of this money be spent just in case that there is a law suit and they, have to pay it back; if they do they will have it and if they don't they have it and they can use it, but he didn't want to see this City spend any money when they were not sure yet of how these court cases were going. Councilman Reid asked the City Attorney if they were sure. There was discussion. Motion failed by the following vote, to -wit: Ayes: Reid, Waters. Nays: Camacho, Hogue, Morgan. There was further discussion. MRS. MARY CHAMBERS, 1318 E. 18th Street, was present and inquired if this applied to all buildings. Mayor Morgan said dwellings only. HEARINGS The CONTINUED HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE TO CREATE AN M-.H HEAVY INDUSTRIAL ZONE AND ADD PROCEDURAL REGULATIONS FOR CONDITIONAL USE PERMITS and the CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC--81-71 TO RECLASSIFY PROM ZONE M-4, INDUSTRIAL, TO M-H, HEAVY INDUSTRIAL, PROPERTY WEST OF CLEVEL i D .AVENUE NORTH OF 17TH STREET were held at this time. Planning Director Ge"schler said the City Attorney and he had counseled on this question and being aware that the Council was very anxious to get on with the show, they hoped to bring to them some news that the Scrap Disposal Co. was ready to proceed with the adoption of the ordinance they suggested; Mr. Ward was having some difficulty getting his professional engineer to finish his job on the acoustics; they were making an honest effort, were being diligent and were trying to cooperate ; they have run into some practical difficulties, but in the interest of time it would be appropriate to suggest that Council instruct the City Attorney to bring in for first reading a draft of an ordinance that could be used for this purpose; that ordinance was still in the hands of the Planning Commission; they will have a hearing on it next Monday night; Scrap Disposal and Mr. Ward could appear before the Commission and discuss the details of the ordinance; if their acoustics engineer could make some better suggestions, then the staff would suggest an amendment to accomplish those changes; if Council does not wish to proceed with this speed, the staff has no objection whatsoever to continuing the matter to some future date. William Ward, attorney for Scrap Disposal, Inc., 5th and B Street, San Diego, was present and said their engineer couldn't promise he would be finished and have his report in their hands in less than 12 days; he thinks he has it solved but needs a little more time. There was discussion. Moved by Waters, seconded by Hogue, they continue both public hearings (MH HeavyIndustrial Zonin and Zone Change ZC-81-►71) and instruct the City\ Attorney to draft an ordinance and bring it back at such time say two weeks from toni ht at 8:00 p.m. Carried by unanimous vote, ORAL COMMUNICATIONS (continued) ALMA RUSSELL, 30244 E. 20th Street, was present and requested a no -fee permit to have a bazaar in the Plaza on the 12th and 13th of November on behalf of LARCS, proceeds for retarded children, Moved by Camacho, seconded by Waters, to approve this Ia4y s request.: Mrs. Russell explained the City LARCS raise money to help pay the mortgage on the building at 30th and G Street, the San Diego County Association for Retarded Children; and the mortgage fee is $700 a month. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McI.EAN said some time ago he represented the City in a flood 11/2/71 268 damage action in which the insurance carrier disputed their obligation to defend and he had a long conversation with their representative of that carrier who was willing to pay the City $1,472 for his services in this case if the City Council will release the carrier from further responsibility and authorize him (City Attorney) to sign such a release, then he recommended they accept the $1,472 payment in this regard and let the old insurance carrier oAi the hook for any further liabilities. Moved by Hogue,, seconded by Waters, the City Attorney's recommendation rtaining_ to the Nichols _ claim be approved. Carried by unanimous vote. CITY ATTORNEY McLEAN said the action to condemn the California -American Water Company started yesterday; he took some photographs which he would pass around which show some scale model exhibits the company has prepared at substantial expense; and then they would see some other maps at lesser expense,. The City Attorney said the court was going to commence a 3-day tour of the water company facilities starting tomorrow for the purpose of familarizing the judge with the property in question; they were expecting to finish the case in four months, although that might be optomistic. CITY ATTORNEY McLEAN said they have had a program going for the last two or three weeks to enforce the business license ordinance against non -payers of the community; as of last week, there are three continuing violations and they have filed criminal complaints against those; they will resolve the matter in the local court. CITY ATTORNEY McLEAN said in regard to a zoning violation that has been committed by American Towing, Council authorized a suit to be filed against them in Superior Court; they filed the suit and the owners of the property have defaulted and they will obtain a court order to require them to vacate their violation and if they fail to do so then they will cite them for contempt of court and let the judge enforce his orders in that regard. CITY ATTORNEY McLEAN said the City Manager has requested acti cn be taken concerning a zoning violation at 1039 E. 24th Street; efforts to achieve voluntary compliance were fruitless; he did file a criminal complaint against the owners this week and he would request if they were not successful in achieving compliance through the filing of a criminal complaint, 'he have authority to file a civil suit against the owners, Arthur R. and Una L. Hynum, for violations at 1124 Coolidge Avenue in National City. Moved by Hogue, seconded by Camacho, the Attorney, if he is not successful in reach- ing a come„liance with these people, Mr. Hynum at 1124 Coolidge Avenue, be allowed to continue a suit against these people for violation of the zonin law. Carried by unanimous vote. CITY ATTORNEY McLEAN said the last matter concerns 13th Street and the extension of Euclid Avenue; he was invited by the Chairman of the Public Works Committee of the County Grand Jury to meet with that group on Friday morning and hopefully, to provide them with some information and advice that will help them understand the history of this matter; he will be there on behalf of the City and the City Council; he would advise them of the results of that conference after its conclusion. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 4,034.47 Traffic Safety 204.43 Capital Outlay 10441.80 Park 718.16 Gas Tax 2106 12,000.00 Gas Tax 2107 1,605.74 Drainage 3,409.00 Sewer 718.23 Total 24 l31.83 11/2/71 269 Moved by Reid, seconded by Waters, these bills be approved and warrants drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan.. Nays: None. REFERRALS The agenda listed an oral report by City Manager Osburn in regard to possible funding for the Servicemen's Center. City Manager Osburn said he could not get with Rev. Ossness until tomorrow morning at 9:00 and he would have the report for next week. UNFINISHED BUSINESS The request of MRS. MARGARET FERNANDEZ, 2233 Prospect Street, for reconsid- eration of her application to move a building from 32nd Street to 2235 Prospect Street, the Director of Building and Housing's recommendation of approval subject to 8 conditions and the Director of Planning's recommenda- tion of approval subject to 3 conditions were presented. Moved by Hogue, seconded by Reid, Mrs. 'ernandez's request be approved with the recommenda- tion of the Di rector of Building's eight conditions and the Di rector of Planning with three conditions. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid. Nays: Waters, Morgan. NEW BUSINESS A communication from ACTING CHIEF OF POLICE LlESMAN requesting four police patrolmen (Butts, DeLucia, Stanley and Wilson) receive official commendation from the City for their actions above and beyond the normal call of duty in responding to an emergency call at the small boat launching ramp was pre- sented. Moved by Camacho, seconded by Reid, the recommendation of the Chief of Police be approved these men be commended on the action they took at the small boat launching ramp. Carried by unanimous vote. r�rri �inrrrr� A communication from the CITY MANAGER outlining plans for the 1972 Annual Report was presented. City Manager Osburn said if there were no changes on this they were going to bid under these conditions. Moved by Reid, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote, The LEAGUE OF CALIFORNIA CITIES Legislative Bulletin dated October 22 was presented. Moved by Morgan, seconded by Reid, the Manager's recommendation be approved, Vice Mayor Waters asked the City Manager to explain one item in regard to the motor vehicle and property taxes. There was discussion. Moved by Waters, they amend the motion to delete that particular item; just because their property taxes were ahead of their motor vehicle taxes doesn't impress him a bit; they were supposed to help the public as much as possible and this wasn't helping the public; it was taking more money out of their pockets; he would like an amendment to the motion to delete that particular item. Motion died for lack of second. CHARLES MICONE, 440 E. Plaza Boulevard, was present and spoke regarding taxes. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. The request of ALPHA ZETA CHAPTER OP THE OMEGA NU TAU SORORITY, INC. for a no fee permit for a rummage sale, American Legion Hall, Post 255, November 17, 8:00 a.m. to 4:00 p.m,., with proceeds for child welfare, the report of the Business License Clerk and the recommendation of the License Collector the request be granted were presented. Moved by Hogue, seconded by Waters, this request from the Alpha Zeta Chapter of the Omega Nu Tau Sorority be approved, Carried by unanimous vote. The request of the PARADISE VALLEY CHURCH to hold an annual "ingathering" which will include door--to-door solicitation and carol singing groups and cars equipped with electronic sound December through January 15, the report 11/2/71 270 of the Business License Clerk and the License Collector's recommendation the request be granted were presented. Moved by Waters, seconded by Reid, the request of the Paradise Valley Church be approved for an " Ingathering." Carried by the following vote, to. -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. A communiLation from the ASSISTANT CITY MANAGER filing six items with the City Clerk (No Council Action Necessary) : (1) Certificate of Insurance from Allen T. Archer Co., 3200 Wilshire Boulevard, Los Angeles, Policy No, CA 24 66 60 effective 10/1/71 covering Teddy L. Bradt, dba Aaron Ambulance Service, 222 Plaza Street; (2) Letter from Fidelity & Deposit Co., Suite 1020, 1 Wilshire Building, Los Angeles, reinstating Bond #84 35 355 Kenny Gorham » Penalty $2,500, effect. date 2/5/71 -- Auctioneer's Bond; (3) Cert. of Ins. fr. Transport Indemnity Co., 3670 Wilshire Blvd., Los Angeles, covering Almas Brothers --Star Movers, inc., 14410 South Avalon Blvd., Gardena, Policy No,. 05851; (4) Cert. of Ins. fr. Travelers Ins. Co, covering Harold J. & Verna E. Hunt & Robert L. Hunnemulier, dba Hunt & Hunnemuller Contrac- tors, 12506 Royal Rd., El Cajon, Policy Nos. UB 5294813 and NSL 4183843; (5) Cert. of Ins. fr. the Canadian Indemnity Co., Los Angeles, insuring The Parish of Saint Matthew, A Corp., 521 E. 8th St., Policy No.: GLA 928377, General Liability; Cert. of ins„ fr. National Automobile & Casualty Ins. Co., insuring American Towing, Inc., 1708 Cleveland Ave.., Policy No. 34GLA 42247, Towing of Overwidth Vehicle. REPORTS CITY MANAGER OSBURN said they had an offer of $20,250 on some City owned property in the vicinity of Sheryl Lane and Paradise Creek; there were some 87,000 sq. ft. of property involved and this worked out to be about $11,000 an acre or around 250 a sq. ft.; he met with these gentlemen Monday and told them he felt the offer was too low and they left the office; he has not heard from them since. Mayor Morgan said when another offer comes in that was $1.50 a sq. ft., then he might consider it. CITY MANAGER OSBURN said he had a letter from Mr. Maley to Mr. Stenberg regarding the question in El Toyon Park; the only reason they moved the Pop Warner game was they have far greater seating capacity at the Sweetwater Stadium and they do not anticipate moving anymore games; they are back at El Toyon Park. CITY MANAGER OSBURN reported receipt of a notice regarding a meeting of the Organization for Social & Technological Innovation; as they recalled, this was a $750,000 grant given San Diego County by the Ford Foundation; this meeting was set for November 4 at 2:00 p.m. in the Board of Supervisors Chambers; they are inviting the Council, the City Manager and City Attorney and so forth to this meeting. CITY MANAGER OSBURN requested permission to proceed with the purchase of two Diebold 7,800 series power files for the Police Department (a budgeted item); they were specifying the brand as none of the other brands would fit between the floor and the ceiling without alterations to the building; he recommended they go ahead and purchase these two Diebold files. Moved by Hogue, seconded by Camacho, the City Manager be granted permission to pur- chase the Diebold filin cabinets. There was discussion. Carried by unanimous vote. CITY MANAGER OSBURN said they held their pre --construction conference today in regard to the Plaza Boulevard Sewer, the water company, Gas & Electric Co., telephone company; a representative from HUD was here and informed them they would have to have an audit contract with an outside auditor other than their regular City auditor prior to receiving any matching funds on the sewer project; he recommended he be authorized to solicit quotations from various accountants within the area and report next seek. Moved by Waters, seconded by Camacho, the City Manager's request be approved and if at all 11/2/71 271 possible they get someone from the Cit of National Cit if the have ualified eo le available so the don' t have to o out of town. Carried by unanimous vote. COUNCILMAN REID asked the City Manager while that street was torn up could he have a study made by the proper staff of people, why couldn't there be parking on one side of Plaza Boulevard and he could care less which side. Mayor Morgan asked the City Manager to make a study on that. CITY MANAGER OSBURN said at the pre -construction meeting (Plaza Blvd. Interceptor Sewer) the contractor approached him regarding using a portion of City property at 14th and D for an office and storage yard for this project which was roughly a 6-months project; he recommended they allow him to use a section of City property over there at $2.00 a day during construction time; he will furnish them with a Certificate of Insurance covering the City of National City in the amount of $100, 000 and $300,000; he recommended this be approved. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a notice to all Supervisors, Mayors, Councilmen, Managers and Attorneys regarding a meeting in Warner Hot Springs November 4 at 8:00 p,m. through November 6 at 12:00 noon; he intended to go but the Court bus tour starts tomorrow., VICE MAYOR WATERS asked the City Manager when a Chief of Police will be selected; it has been over four months. City Manager Osburn said the board is set up for December 1 and the board has been selected and he was unable to get some of the City Managers until that time because of the International City Manager's meeting in Florida* PLANNING DIRECTOR GERSCHLER said a matter was held over from October 12 involving the conversion of a residential structure at 2956 Grove Street; Council was not satisfied with the proposed conversion and asked staff to work with the property owners; they had two meetings with the Kennys and found them willing to cooperate; they took some suggestions that grew out of their discussions to their own designer and had a drawing made which was before them; the applicant has revised his plan in five substantial respects. Mr. Gerschler said staff recommends approval subject to the two conditions stated in his supplemental staff report of November 2; also this plan does not indicate any signs; ordinance requires that all signs should be approved by the Planning Commission; the Kennys can go to the Planning Commission requesting signs later. Moved by Waters, seconded by Reid, the Kenny plan be approved and the staff recommendations be adhered to and when it comes time to put the si ns u ::e be referred to the Plannin Commission for approval. MRS. KENNY, was present and stated they were agreeable to the recommendations. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER said last week in his absence a report regarding an 18-unit apartment project for the southwest corner of 18th St. and "Kf4 Avenue by Mr. Monty Young was submitted; in their memorandum that day a number of criticisms of the plan were listed and tonight he had a supple- mental staff report dated November 2; the staff report shows Mr,. Young has redesigned the plan to eliminate most of the objections they raised at that time; the remaining features that have been pointed out are the one-to-one parking, the restricted light and access to the inner court; they were recommending the new plan be approved as submitted with the added recommen- dations that the Building Department be instructed to withhold permits until applicants have shown details for full landscaping details that would include planting materials and irrigation, street tree planting, irrigation to all planting areas, dimensions of adjoining sidewalks and parkways and that the westerly six feet of the trash area next to the alley be deleted to allow sight distance for traffic safety. Mayor Morgan said this plan didn't show one blade of grass. There was discussion. MONTY YOUNG, 4330 Grace Road, Bonita, was present and said these plans came to the Planning Department 11/2/71 272 six or seven months ago, one of the members of the Planning Department helped him draw up the plans on a scrap of paper showing him the rules and regulations and the Building Code of the City of National City before he ever had the plans drawn up; under his guidance they drew up these plans knowing that he was according to the laws of the City of National City; he had the plans drawn up, bought a piece of property, got his loan and when he came h a.:k to the City to take out a permit they said he would have to go before the Council to get them approved which was fine with him; in regard to these plans, the grass, the only place you could put grass on this property was in the area between the sidewalk and the curb area which he was more than happy to do so; they have to put concrete in for parking according to law; they have all concrete front parking and blacktop on the other side parking which they require; the only thing they don't agree with was the open space which according to their Unified Building Code and according to FHA they do have enough ventilation. There was discussion regarding the high density of the units and National City ordinances. Mr. Young said he would withdraw all plans from the City and he would not try to build within the City of National City again. Moved by Hogue, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:57 p.m. City Clerk City of National City, Ca ifornia The foregoing minutes were approved by the City Council of National City at the regular meeting of November 9r 1971. No corrections E.] Correction as noted below Mayor, i' �� •f National City, California 11/2/71.