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HomeMy WebLinkAbout1971 12-21 CC MIN19 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL. OF THE CITY OF NATIONAL CITY, CALXPORNIA December 21, 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: 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 Mr. Milo Wood. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of December 14 , 1971 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN REID said in rgard to the invoice for transportation for the Pop Warner Football Team, he thought they had spent all the money they should for donations and all but he was willing to pay his shore on the 5th of January; if anyone else wanted to donate, he thought they should because he didn't see how he could vote for the taxpayers to pay it because of the way they have donated and the way they have handed out so far. Mayor Morgan said he felt the same way on the subject; he guessed Mr. Reid knows they have been called on (be knew he had, Mr. Reid, Mr. Camacho and the City Attorney and the Manager a lot of times); back at the fair this year it fell on Mr. Reid and him to send a bus up to the fait from the Casa that couldn't afford a bus; these kids were stranded there and Mr. Reid and he didn't call on the City, they called on themselves to send this bus up. COUNCILMAN CAMACHO said he mould like to start this coming year by getting something done on Entertainment Zoning in National City; he would like the Planning Commission to come up with an ordinance so they could control this under a Special Use Permit recommended by the Planning and approved by the Council. Moved by Camacho, seconded by Reid, they refer the problem of entertainment in National Cit to the Plannin Commission for them to work up an ordinance for all entertainment such as theatres in National City and it .would be through a Special Use Permit approved by the. Planning Commission and ._reCrty_Cunc. Carried by unanimous vote. MAYOR MORGAN said there would be extra dirt from the construction of the Plaza Blvd. sewer and asked the City Manager if they could use some on City owned land on 13th Street. City Manager Osburn said they will contact the contractor and will let the Mayor know. ORAL COMMUNICATIONS CHARLES MICONE, 440 Plaza Blvd., was present and said he wanted to wish all of them a Merry Christmas, and Mayor Morgan especially, a Merry Christmas and a Happy New Year. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be read by title. Carried by unanimous vote. 12/21/71 20 RESOLUTION NO, 10,530, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Ms-W Properties Corporation)." Moved by Reid, seconded by Camacho, Resolution Not 10,530 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,531, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPEN- DITURE (El Toyon Park) ." Moved by Hogue, seconded by Reid, Resolution No. 10,531 be adopted, Carried by unanimous vote. w� a irwr�wwwrww RESOLUTION NO. 10,532, "RESOLUTION DESIGNATING HISTORICAL SITE." Moved by Waters, seconded by Camacho, Resolution No. 10,532 be adopted. There was discussion. Moved by Hogue, this resolution, No. 10532, be tabled, Motion died for lack of second. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. RESOLUTION NO, 10,533, "RESOLUTION AUTHORIZING STIPULATED JUDGMENT IN ACTION TO CONDEMN REAL PROPERTY FOR STREET PURPOSES--LUHNOW." Moved by Reid, seconded by Camacho, Resolution No. 10,533 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 10,534, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (La Siesta Way, 20th Street to 24th Street, Assessment District No. 178)." Moved by Waters, seconded by Reid, Resolution No. 10L534 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,535, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Connie Humphrey)." Mayor Morgan introduced Connie Humphrey, 9 year old swimmer. Assistant City Manager Stenberg read a letter from George Webster, dated December 17, 1971, which listed accomplishments of Connie. Mayor Morgan presented the MYRA trophy to Connie. RESOLUTION NO, 10 536-A"RESOLUTIOi ACCEPTING CONVEYANCE OF REAL PROPERTY (Paul Jo and Prances M. Ising)." Moved by Hogue, seconded by Reid, Resolution No. 10,536 be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN said the next matter he would bring to the Counc il's attention was not on the agenda; Mr. Hogue made inquiry regarding the City's regulating the maintenance of driveways and parking lots open to the public which in some cases appear to constitute hazards to the public; he had a memo to the Planning Director, the City Engineer and the Director of Building & Housing reporting the City does not have adequate and workable regulations to control the problem of hazardous parking and driveway areas and that with the rainy season coming on that the condition of various parking lots and roads within the City constitute a hazard to the public safety and they recommend adoption of an interim ordinance on an emergency basis to impose regulations for the maintenance of parking and driveway areas open to the public; at Mr. Hogue's instructions he had prepared such an ordinance which he will present as an interim emergency measure and by virtue of its being so, he would have to read the ordinance in its entirety. ORDINANCE NO. 1293, "An Emergency Interim Zoning Ordinance Establishing Standards for the Installation and Maintenance of Driveways and Parking Lots," was read in its entirety. REPORT OF CITY ATTORNEY - No report. APPROVAL OF BILLS AND PAYROLL Bmus AUDITED BY THE FINANCE COMMXTTBE were presented: 12/21/71 *Resolution No. corrected at meeting of 1/11/72 to read "10,536-A". 21 General Fund $ 8,724.37 Traffic Safety 651.92 Capital Outlay 127.36 Park 76.17 Sewer 100,598.40 Total $110,1?8.21 Moved by Camacho, seconded by Reid, 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 $124,889.35 was presented. Moved by Reid, seconded by Hogue, this payroll be paid. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. UNFINISHED BUSINESS A communication from the CITY MANAGER stating the invoice for charter of the Greyhound Bus to transport the local Pop Warner Football Team was being held in his office pending approval was presented. Moved by Hogue, seconded by Camacho, the City Manager be informed to, pay this bill out of City funds. There was discuss ion. Carried by the following vote, to -wit Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. I ARI NGS The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC-84-71 TO RECLASSIFY FROM ZONE R-2, 2-FAMILY RESIDENCE ZONE, TO R-4-PD, RESIDENTIAL PLANNED DEVELOP- MENT ZONE, SOUTH SIDE OF 14TH STREET AND EAST OF GROVE, AVENUE was held at this time. City Clerk Minogue stated the Planning Commission recommenda- tion was attached to the agenda and also a communication from Standmark, Inc. requesting the hearing be laid over. Planning Director Gerschler said they asked the applicants to present for approval their plans; they have indicated they are preparing them but have asked for a little more time to finish. Moved by Waters, seconded by Camacho, the public hearing on ZC-84-71 to reclassify from Zone R-2 Two-Famil Residence Zone to R-4-PD Residential Planned Development . Zone be laid over to the next regularlyscheduled meetin Januar 11. No one was present in this regard. Carried by unanimous vote. The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC-86-71 TO ESTABLISH A HEIGHT REGULATION COMBINING ZONE ON ALL C-2-PD AND R-4-PD PROPERTIES EAST OF HARBISON AVENUE BETWEEN DIVISION AND 16TH STREETS was held at this time. Planning Director Gerschler said the Planning Commission acted at their meeting last night to recommend a 35' height limit on the C-2-PD and R-4-PD properties east of Harbison Avenue; they have noted in their transmittal that this was the same height limit in the R-1 zoning in the surrounding area. The City Clerk announced the hearing and said the Planning Director's recommendation was attached to the agenda. No one was present in this regard. Moved by Hogue, seconded by Waters, the hearing be closed, and that it be channeled to the administration for further processing. Carried by unanimous vote. NEW BUSINESS A communication from the CITY MANAGER requesting authorization to advertise for bids on a hydraulic sewer cleaner and a four-mheel street sweeper was presented. City Manager Osburn said these are two budgeted items; they do have the money to pay for them. Moved by Camacho, seconded by Waters, they go with the City Manager's recommendation , requesting authorization to advertise for bids on this equipment. Carried by unanimous vote. A communication from the CITY MANAGER stating an application was made by Hartson Ambulance Service, Inc. for an increase of one license over last 12/21/71 22 year and stating he could see no reason for refusing, a communication from HARTSON'S AMBULANCE SERVICE asking to be notified when this item was to be on the agenda and giving totals applied for in 1971 and 1972, an applica- tion for seven ambulance licenses, a Certificate of insurance dated Jan. 29, 1971, and a Certificate of Insurance dated Jan. 6$ 1970 were presented. Moved by Hogue, seconded by Camacho, Hartson Ambulance Service, Inc. be allowed to apply, and receive seven ambulance licenses. Carried by unani- mous vote. The request by the NATIONAL CITY YOUNG PEOPLE'S POLITICAL ORGANIZATION for use of the Community Building January 16$ 12:00 to 6:00 p.m. at no fee, a communication from the CITY MANAGER recommending the request not be granted, and a Facility Use Permit form were presented. Moved by Hogue, seconded by Reid, the Cit Mana er's r ommendatYon be a roved ertainin to the request for use of Kimball Hall Community Building. There was discussion. JOSE CONTRERAS, 1520 McKinley Ave., was present and said this thing was not for a political forum for Luis Natividad; this thing was just to register youth between 18 and 21 where they can go and listen to some music; Luis Nati vi dad' s name was mentioned because his name was the fi ret to come up and to offer to sponsor this sort of organization; if anyone objects to that, they would be glad to drop him and take one of them (the Council) or any other organization to sponsor them; this is not no campaign deal for Luis Natividad; the main idea was just to register youth. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: None. Abstaining: Waters. A communication from the CITY MANAGER stating the telephone company said overall telephone bills for the City would remain the same but if there are any appreciable changes the City Council will be notified, and a communication from the PACIFIC TELEPHONE CO. giving the change in rate as authorized by the Public Utilities Commission were presented. Ordered filed by unanimous vote. A communicati an from CREASER, PRICE INSURANCE AGENCY requesting extra effort in obtaining old loss experience under Bailey, Martin & Fay policy was presented. City Manager Osburn said they have furnished this infor- mation to the new carrier; the purpose of this was to try to get the company to average the City's losses over a period of years; the City paid roughly $34,,0000435,000 for the policy and it is approximately 11 times this reserve at this time due to the number of accidents, etc. that we have had within the City; some of these are not paid out expenses but they are reserve and the insurance company's estimate of what the cost will be; this was just information to be filed. Ordered filed by unanimous vote. A request by ARTHUR R. HYNUM, 1039 E. 24th Street, for refund of $100 performance bond and a report by the Engineering Department were presented. Moved by Hogue, seconded by Camacho, Mr. Hynum's request be granted. Carried by unanimous vote. Hearing A Notice of Public/by the San Diego County Air Pollution Control District December 22, 1971, 9:30 a.m., Room 358, 1600 Pacific Highway, for the purpose of adopting the "Operational Plan for Air Pollution Control in San Diego County" was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER reporting receipt of two resolutions from the City of Vista, the City of Vista's resolution protesting the increase in rates for the disposal of solid waste material at the County Waste Disposal Facilities, and the City of Vista's resolution urging the San Diego County Division of League of California Cities to sponsor legis- lation to control showing of motion pictures portraying nudity and sexual activities in outdoor theaters were presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER stating tattoo parlors were the only businesses required to pay a City health license in addition to the normal 12/21/71 23 County Health Permit and recommending pertinent sections of Ordinance 1138 be deleted so they would be required only to secure the regular County Health Permit, a communication from the Business License Clerk, and a communication from Iwo Jima Eddie's Tattooing, 21 E. 8th Street were pre- sented. Moved by Waters, seconded by Hogue, the City Manager's recommenda- tion be a roved that certain items ertainin to Ordinance 1138 be deleted. Carried by unanimous vote. A communication from the MAYOR, CITY OF LA MESA, stating there is great need for legislation regulating noise pollutants produced by motorcycles and suggesting as much support as possible be given legislation now in the Assembly, and a summary of Assembly Bills 1043, 1044, 1045 and 1046 were presented. Moved by Hogue, seconded by Camacho, we notify our representa- tives in the Assembl and Senate that the are in favor of the Bills 1043, 1044. 1045 and 1046,E Carried by unanimous vote. A communication from the CITY MANAGER stating some action should be taken regarding a recommendation of National City's position on the Chula Vista Tidelands and given to the City of Chula Vista prior to December 31, and a communication from the sou= BAY BCONCMIC COUNCIL requesting that regardless of final alignment Tidelands Avenue be constructed to connect to National City and Highway 54 were presented. Moved by Camacho, seconded by Reid, they ask the City Manager to send Chula Vista their recommendations and their feelings about this Tidelands development. City Manager Osburn said he made the recommendation regarding only Tidelands Avenue as an extension to connect with Highway 54; he understood that the Planning Commission made another recommendation last night that they also be urged to study the feasibility in economics of a deep water port in Chula Vista; he thought the Planning Ccmmission directed Mx. Gerschler to send this to Chula Vista; their recommendation should be the same, coming from the local government; the City should be the same as the Planning Commission o the Planning Commission's should be the same as the City's; he took the attitude on it that as long as Tidelands Avenue extended across the river and over to where the on -ramp to east bound lanes to Highway 54 were constructed, that this would be our basic concern in National City. Mayor Morgan asked the Planning Director to give them the Planning Cbmmission recommendation on the next agenda. Carried by unanimous vote. A communication from the CITY MANAGER recommending an amendment to the Joint Powers Agreement of the Serra System be authorized and a communica- tion from the SERRA REGIONAL LIBRARY SYSTEM stating benefits provided by membership and a copy of the proposed amendment were presented. Moved by Hogue, seconded by Camacho, Item 12, the amendment, to theJoint Powers A reement of the Serra S stem be a roved. Carried by unanimous vote. The minutes of the regular meeting of the CIVIL SERVICE COMMISSION of November 17, 1971 were presented. Ordered filed by unanimous vote. A communication from the FIRE CHIEF requesting promotion of fireman to engineer was presented. Moved by Waters, seconded by Hogue, the communi- cation from the Fire Chief re estin romotion of fireman to en sneer be approved. Carried by unanimous vote. Step increases for eligible employees, approved by the City Manager and department heads, for Robert J. Shepard - Police Department, Adeline Vigelis - Library, and Ben Nakata w Park & Recreation Department, were presented. Moved by Waters, seconded by Reid, the step increases be approved as approved by the City Manager and department heads for Robert J. Shepard, Adeline Vigelis and Ben Nakata. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of a letter from Mr. Watts regarding the Redevelopment Project and his recommendation regarding this was "Pending the final settlement as to who will pay for the construction costs of gas 12/21/71 24 and water lines in the Redevelopment Project, I recommend the City under- write the costs of designing these facilities until final determination is made as to who has the responsibility for construction costs, the costs not to receive $5,000 for this design work." Moved by Reid, seconded by Camacho, the City Manager's request be approved and all these utilities, as electric whatever it is be a roved,. Carried by unanimous vote. CITY MANAGER OSBURN said they had been discussing with Mr. Lee Morgan, owner of the National City Foundry, the possibility of improving the alley as required by his building permit when he installed new electrical motors on his foundry over there; Mr. Morgan did pass a 1911 petition; they found out today that one of the persons who signed the petition and their check with the County records didn't coincide exactly with the way the person signed the things, so the 1911 Act petition ended up short of the 51%; however, they did allow Mr. Davis on the same alley to go into business with a covenant running with the land that he would not protest a 1911 Act, whether instigated by the City or an individual; this was approved and he is operating; he would recommend he be authorized to notif Mr. Mor an that he can go ahead and ,get his meters installed once he has si ned the covenant running with the land; this will give them almost 50% on the alley. Moved by Hogue, seconded by Camacho, the Cit Mans er' s recommendation ertai nin to Mr. Lee J. Mor an's re est be a roved. Carried by the following vote, to -wit: Ayes: Camacho, Kogue, Reid, Waters. Nays: None. Abstaining: Morgan. CITY MANAGER OSBURN said taey would recall they received a petition from residents around "I" Avenue and 18th Street for the completion of "I" Ave- nue cul-de-sac down near 18th Street; Mr. Morrison who is the person who had not dedicated was in his office Friday and reaffirmed his previous committment to dedicate 30' for "I" Avenue to the end of the cul-de-sac; Mr. Morrison feels that any further dedication would damage his duplex considerably and that if the cul-de-sac is continued it would bring the sidewalk and curb to within 4' of his front bedmwmawindow, leaving no place to set trash cans and would eliminate his off-street parking; if the 30' dedication is accepted he would have his off-street parking space left; as they will recall, they received a petition from this area regarding the improvement and the condemnation proceedings were authorized; if this dedication is approved, Mr. Morrison also asked the City put in the improve- ments; he had a map of the area and it appears to him to be large enough and the Engineering Department says they can live with the dedication of a straight 30'. Moved by Hogue, seconded by Reid, Mr. Morrison's offer pertaining to t he_cu l-de-sac at "I" and 18th Street be roved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. CITY CLERK MINOGUE reported receipt of a communication from the League of California Cities regarding League Committees and annual appointment by the League president. CITY CLERK MINOGUE reported receipt of a notice of the League of California Cities' institute on Labor Relations for City Officials, Town & Country Hotel, San Diego, February 2-4. CITY CLERK MINOGUE stated items "c" ("Board of Supervisors resolution re enforcement of laws relating to vehicular emissions") and "d" ("Communica- tion from Executive Officer; Local Agency Formation Commission regarding Assembly Bill 1675") require some action; the Board of Supervisors sent their resolution regarding enforcement of laws relating to vehicular emissions and asking for our cooperation; Item "d" has to do with the charging of fees for filing certain documents at the time of annexations and suggesting perhaps the City would want to reexamine its policy with regard to the setting of terms and conditions of proposed boundary changes, so that the benefited property owners might pay at least a portion of the new charges. The City Clerk said it would be her recommendation that the charges attached to the letter for annexations and deannexations and 12/21/71 25 detachments etc. be made a fee to be paid by the persons who benefit. Moved by Hogue, seconded by Waters, they go along with the Boar_ d of ,Sup e,,, r visors and send a resolution indicating that_thy support their stand in relating to the vehicular emissions. Mayor Morgan said the City Manager asked for him to study this. Moved by Waters, seconded by Camacho, on Item d' a communication from the Executive Officer, Local Agency Formation Commission re ardin Assembl 11111 1675 be held over for further stud of staff. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S Financial Statement for the month ending November 30, 1971 was presented. Ordered filed by unanimous vote. The recommendation by the PLANNING DIRECTOR that an interim zoning ordinance be re -adopted to place property at 1701 E. 16th Street (Kearney Mesa Imports Co. and Alan Gunn) in the R-4-PD Zone was presented, Planning Director Gerschler said he had advised the City Council that in his opinion the design of this property was not entirely in compliance with existing policies on apartment house projects; there are various extenuating circumstances, however, leading to the preparation of plans and prepara- tions for building permits; the City Manager has some comments on that part of the problem. City Manager Osburn said if they would recall, they were dealing with Kearney Mesa Imports and their plans went through the entire staff and approved and before they could pick up their permit, they changed the ordinance and put this section of land in an R-4-PD; at that time they had to throw all their plans out; they had made committments and had their loan committment; when the Council followed the process of writing an ordinance to put this back into R-4 the reading of the ordinance and the 30 day delay in the ordinance becoming effective extended to almost a 60- day period; this 60 days elapsed and they lost their loan; they had not had any communication with the people since then; dac of the representatives of Kearney Mesa Imports, was in his office tonight and they have now another loan and tried to take out their building permit for this project today; it was his recommendation they remove this from the agenda since they are fulfilling their obligation so fax as the present zoning; when they made the deal for the land and had their original plans approved. Moved by Waters, seconded by Reid, the have Item a under Plannin 1701 E. 16thL have it removed from the a agenda d„ filed. Carried by the following vote, id, Waters. Nays: Hogue, Morgan. to -wit: Ayes: Camacho, R The recommendation by the PLANNING DIRECTOR the City not require a security bond for $256 specified by Council action November 23, 1971 but should obtain a Covenant Running with the Land not to protest a 1911 Act project (deferral in installaticn of one-half street paving at 2211 and 2213 La Siesta Way, Alfred D. Sloan), was presented. Planning Director Gerschler said the City Council recent ly granted a deferral of certain street improvements requiring the posting of a $256 bond by Mr. Sloan; since then a 1911 Act has been formed and the same street improvements will now be provided as part of that 1911 Act project; the City Engineer suggested to the Planning Commission and to the City Council that the $256 bond require- ment be substituted with a Covenant Running with the Land in the usual way for a 1911 Act project; the Commission recommended the Council approve it as proposed by the City Engineer. Moved by Hogue, seconded by Reid, Mr.„ Sloan's $256 posit be retux*ed and substitution for that amount of money that he sign a Covenant Running with the Land he will not vote againt sa 1911 Act for that area. Carried by unanimous vote. fY10�A�OYYA�iiMl i����� MAYOR MORGAN requested a motion to adjourn to January 4 or December 28. Moved by Reid, seconded by Waters, they adjourn to December 28. Moved by Hogue, the motion be amended to have this item instead of December 28, it be January 4. Amendment to motion died for lack of second. Carried by unanimous vote. The meeting closed at 8:35 p.m. City Clerk City of National City, C; ifornia 12/21/71 26 The foregoing minutes were approved by the City Council of National City at the regular meeting of January 4, 1972. r-� No corrections Correction as noted below Mayor, City o t zonal City, California 12/21/ r 1