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HomeMy WebLinkAbout1970 08-04 CC MIN141 MINUTES )F THE REGULAR MEETING OF THE CITY OOU?K 1L OP THE CITY OF NATIONAL. CITY, CALIFORNIA August 4, 1970 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: Bourcier, McLean, Minogue, Civil Engineer Assnci ate Newberry, Osburn, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Vice Mayor Camacho. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the re ular meetin of Jul 28, 1970 be approved. Carried by unanimous vote. PRESENTATION OF PEDESTRIAN SAFETY AWARD Emmett G. Lindquist, Regional Safety Consultant of the Automobile Club of Southern California, was present and said the City was to be commended; this is the third pedestrian award given to National City; this is an award the AAA in Washington, D. C. presents through the Automobile Club of Southern California; National Cityts pedestrian safety inventory was evaluated by AAA. Joe Dent, Manager of the district office, presented the award. COUNCIL COMMUNICATIONS COUNCILMAN WATERS thanked the City Manager for the fine reports he was getting; he felt he was a part of the City now and appreciated them very much. The PROCLAMATION of "NAVY MOTHERS' DAY" (August 6, 1970) was read. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. The PROCLAMATION OF "LAW AND MORALITY WEEK" (August 11.18, 1970) was read. Moved by Reid, seconded by Camacho, the".proclamation be adopted. Carried by unanimous vote« ORAL COMMUNICATIONS WAYNE CUL:VER, 2435 Ridgeway Drive, was present and said last week a meeting was held at Southwestern Junior College by various governmental agencies throughout San Diego County including cities bordering the Sweetwater Valley; he was sure each of them was in receipt of notices of this meeting; he attended as a citizen and a resident of National City and he thought that a gross injustice was done to the people of National City in that at this meet- ing there was no representation from the elected body that governs National City; he thought that this meeting, while there was no vast decisions made, was a thing that was going to lead to far-reaching decisions, affecting every resident in National City. Councilman Waters said he personally went to Bonita; he talked to most of the same people who were out at the college; he went out and had quite a long session with them; he had to think of National City first and they knew exactly how he stood. Mr. Culver said he did not mean to imply this had anything to do with the commercial zoning they were entering into as a city; he was speaking of the regional park development that was proposed; he thought this had far-reaching effects; the regional park would affect National City and the taxpayers. Councilman Waters said he believed San Diego was only represented by the Assistant City Manager; he didn't think they had any officials. Mr. Culver said they still had official representation there. Mayor Morgan said National City had the City Manager and the City Attorney. Mr. Culver said when they were called upon they chose not to speak for the City of National City and he did not blame them at all; his point was that the Council was the elected body of National City and it was their responsibility to represent the City. Mayor Morgan said that was 8/4/70 142 right; the Council had to choose what meetings they attend; there were two meetings that evening and they had a threat from an elected official of another city. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be ;ead by title. Carried by unanimous vote. RESOLUTION NO,. 10,153, "RESOLUTION AUTHORI.ZXNC CITY OF SAN DIEGO FOR IMPROVEMENT OP CERVANTES seconded by Waters, th , resoluti on be ado red,. RESOLUTION NO. 10,154, "RESOLUTION AUTHORIZING CLAIM DEED TO BANNISTER STEEL, INCORPORATED." Waters, the resolution be adc+ ed. Carried by axacurTON OP AN AGREEMENT WITH AVENUE." Moved by Camacho, Carried by unanimous vote. EXECUTION OF CORPORATION QUIT- Moved by Reid, seconded by unanimous vote. RESOLUTION NO. 10,155, "RESOLUTION GX VXIG N ricE OF INTENTION TO VACATE AND CLOSE THREE ALLEYS IN CENTRAL SCHOOL SUE." Moved by Camacho„ seconded by Reid, the resolution be ado ted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan, Nays: None, Abstaining: Waters. INTRODUCTION OF ORDINANCES ORDINANCE NO. "An ordinance regarding City holidays," was presented for first reading, Moved by Camacho, seconded by Waters, the ordinance be read by title. Carried by unanimous vote. The title was read. CITY ATTORNEY McLEAN said in regard to the ordinance listed on the agenda ("An ordinance of the City of National City providing for the installation of curbs, gutters, sidewalks and permanent pavement and establishing the procedure for exemption from or deferral of said improvement requirements"), in view of the questions asked at the conference and the recommendation of the Planner, he would bring this back next week with an addition to the same. REPORT OF CITY ATTORNEY CITY ATTORNEY McL.EAN recommended the City file a suit against Samuel E. Angel, II, to correct unsafe conditions at buildings at 1909-19091 "D" Avenue. Moved by Hogue, seconded by Reid, the City Attorney's recommendation be approved. Carried by unanimous vote. APPROVAL OF BILLS. AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Capital Outlay Park Gas Tax 2106 Drainage Sewer TOTAL $30, 469,.17 1,942.62 117.33 848.95 520,00 8.00 251.40 Moved by Hogue, seconded by Camacho, these bills be paid. 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 $108,068.62 was presented. Moved by Reid, seconded by Camacho, this, payroll be approved and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan, Nays: None. UNFINISHED BUSINESS A communication from the CITY MANAGER recommending the Council approve or disapprove plans for streets in Las Palmas Park was presented.,. Moved by Hogue, seconded by Waters, the Council approve the recommended street ,pattern shown on the map Mr,,0sburn presented to us in pre -Council, meet . Donald R. Jones, 2406 E. 19th Street, was present and inquired the purpose for the road, Mayor Morgan said it was to get in and out of the park after 805 is constructed. Carried by unanimous vote. 8/4/70 143 NEW BUSINESS A communication from the CITY MANAGER in regard to purchase of property for right of way, Euclid Avenue, Plaza Boulevard to 16th Street, was presented. Moved by Hogue, seconded by Reid, the recommendation of that City Manager and the approval of his request begranted. The City Manager said when they signed the agreement for Freeway 805, National City agreed to run Euclid Avenue all the way through the City (through street north and south just east of the freeway) ; we will take it down to our City boundary and the County will pick it up and take it off the interchange and down to our southerly City boundary. Carried by unanimous vote. Robert Ingle, 2519 E. 13th Street, was present and said his place was adjacent to the proposed road; it seemed like they proposed to bring this road a couple hundred or so feet east of the original proposal; if so, it will take more property and they wanted to know what was behind it. Mayor Morgan instructed Mr. Ingle to come in or call the Engineers; they would be very happy to show him exactly where the road was going to go. A communication from MACEY L. McMILLIN, JR. in regard to improvements adjacent to Seawind Greens, formerly Delgado Terrace, Unit No. 2 and the recommenda- tion of the City Planning Commission of July 27 that Seawind Greens' tentative subdivision map be approved subject to 15 conditions were presented. City Clerk Minogue stated the Council was given a later communication from Mr. McMillin (dated August 3, 1970, stating he was in agreement with the recommen- dations of the City Planning Commission) . Director of Planning :Stockman said the communication from the developers was referred to the Planning Commission and they took that under consideration at the time of approving the Seawind Greens tentative subdivision map (4.6 acres at the regular meeting of July 27, 1970 it was moved and unanimously passed recommending the tentative map be approved subject to some 15 conditions. Mrs. Stockman said there was a later letter on file that they were in accord with all of the conditions placed against it; this would mean that they would pay for the re -location of the sewer line, off street parking on an off site portion of Orange Avenue and the Planning Commission recommended that the City include the off -site portion of Euclid Avenue within your improvement from Plaza to 16th Street. Mrs. Stockman said the other major question that came up was the underground- ing of utilities; they are willing to Install cables along with the power lines studding in to each of the units and in their deeds they will require that if and when the cable service is extended to the City and their overhead antenna becomes deteriorated they must hook on to the cable installed to their house. Mayor Morgan asked if approving the tentative map was what was before them now. Mrs. Stockman said merely the tentative map; now they will come in for a residential planned unit development permit where they will show all of their improvements and they must present to the City Attorney the conditions and restrictions that wi 11 be placed against it where they will form a board to maintain the open space the same as Delgado Terrace. Moved by Hogue, seconded by Reid, the Counci 1 coo along with the recommendations of the Director of Planning and the Planning Commission. Carried by unanimous vote. A request to move a dwelling structure (FERNANDEZ) from 2009 E. 10th Street to 1007 Division Street, the Director of Building & Housing's rec anmendat ion the request be granted subject to 9 conditions and the Director of Planning's recommendation the Council consider the following alternatives as site pro- posed for relocation is C-3-B Zone: (1) the application be denied, or (2) the application be held in abeyance to allow time to process application for a variance, were presented. Director of Planning Stockman said Ordinance 962 prohibited the location of any single family or two family residence within a commercial zone; this property lies within a commercial zone and on that basis they recommend denial; if the Council feels there is a hardship involved and this land does not lend itself to commercial use and the surrounding area is single family, they may hold it in abeyance to allow the property owner time to obtain a variance. An unidentified man came forward and said he would help Mr. Fernandez as Mr. Fernandez has difficulty with the English language. Mayor Morgan said they had an interpreter present. Mr. Fernandez's spokesman said Mr. Fernandez was not familiar with the plans submitted to the City and was not familiar with the particular type of frame that would be going in to hold up the structure, so it would not really do any good to.... Vice Mayor Caxnacho discussed this item with Mr. Fernandez in the Spanish language. Mr. Fernandez's spokesman said the City ordinance does not allow a residence in 8/4/70 144 business but this lot was not really a lot, it was a hold between Happy Trailer Park and J Avenue and J Avenue was supposed to be closed off; when this new road is put down on Division across 43rd, this house on this property will be an improvement for the neighborhood and 39 property owners in that area signed to say they are not disapproving another home being brought into the area; it is a very good structure and one of the best engineered designs, footings, walls and curbs to meet City standards; anything will be done just so this building will be moved prior to the 28th; after the 28th Mr. Fernandez will be automatically subject to a fine of $25.00 daily for having this house on the old premises; he tried to get an extension on this but an extension will not be granted by Mr. Reynolds of the freeway right of way department. Mayor Morgan said this zone change w cold have to go to the Planning Commission and come back to the Council and anyone of the boards could turn it down and if they moved it, what would they do with it then. Mr. Fernandez's spokesman said he wouldn't be susceptible to a $25.00 fine and this building could be put anywhere on this property and be left there until City Council came to an agreement and issued a permit for this house to be built according to the specifications of the Planning Department. There was discussion. Moved by Waters, seconded by Reid, this be laid over until next week and this gentleman come i n and talk it over with the Cit Attorne and f ask him what he needs and put it back on the agenda next Tuesday night, the next scheduled festal ng. City Attorney McLean said he could tell him now the only thing he would recommend was a bond in the amount the engineers would tell him was enough that if they abandon the building on the lot, they can hire a house mover to remove it; he would imagine it would be at least a $2500.00 bond which they can buy from a commercial bonding company. Carried by unanimous vote. The appeals of denial of taxicab permits by (a) Gene Roy Yankey and (b) Ralph F. Timmsen and the Police Chief's statement he has no objection to issuance of the driver's permit subject to reports from the CII were presented. There was discussion. Moved by Reid, seconded by Waters, they deny these. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. An application for refund of a $25..00 performance bond by R. E. HUFFMAN for work done at 800 W. 13th Street (final inspection made by the Engineering Department) was presented. Moved by Hogue, seconded by Reid, this man's money be returned. Carried by unanimous vote. The request of the LEUKEMIA SOCIETY OF AMERICA to solicit funds in National City, the Business License Clerk's report and the License Collector's recommen- dation of approval were presented. Moved by Camacho, seconded by Waters, this be approved. Carried by unanimous vote. The request of the FIRE CHIEF for permission to go to bid for one 1,250 G.P.M. triple combination fire apparatus was presented. Moved by Camacho, seconded by Hogue, the request be granted. Carried by unanimous vote. The resignation of FIRS JEFFERY M. ALBRIGHT, effective August 20, was pre- sented. Ordered filed by unanimous vote. A communication from the CITY MANAGER making recommendations on six items, Legislative Bulletin dated July 29, was presented. Moved by Hogue, seconded by Reid, these items be filed and the recommendations of the City Manager be approved. Carried by unanimous -vote. A communication from the CITY MANAGER filing one item with the City Clerk (No Council Action Necessary) : Letter from the San Diego County Water Authority, dated July 6, 1970, Subject: Report of Study of Metropolitan Water District Water and Tax Rates Now under Discussion at Metropolitan, was presented. REPORTS CITY MANAGER OSBURN presented the recommendation of the Real Estate Committee (July 30 meeting) that the City sell approximately 1.3 acres adjacent to Sweetwater Mesa Unit #1 at the end of Stockman, Newberry and Cagle Streets to Amos Sommers for $1,000.00 providing that Mr. Sommers donate all of Lot 24 and that property north of Lot 25 and adjacent to Lot 24 for a c hi ldr en' s play area and that he fill and grade this land to a level pad; a water lateral be 8/4/70 l45 installed to service the property and right of way for Cagle Street be donated to the City. Moved by Hogue, seconded by Waters, the. recommendation of the Real Estate Committee be approved. Carried by unanimous vote. CITY MANAGER OSBURN recommended they be authorized to advertise for bids for the completion of Phase I and Phase IX in El Toyon Park. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN requested a Real Estate Committee meeting be set in regard to the City -owned property on Wilson and 22nd Street; the National Meat Packers have been trying to purchase this property for some time and have never been given a definite answer. Mayor Morgan called a meeting for Thurs day, August 6, 4:00 p.m., in the Conference Roam. CITY CLERK MINOGUE reported receipt of communications acknowledging receipt of the letter and resolution opposing Assembly Bill 1019 (horse racing) from Assemblyman Tom Hom and Assemblyman Pete Wilson which wsre on file. CITY CLERK MIN+OGUE reported receipt of a copy of an order instituting investi- gation filed with the Public Utilities Commission for the purpose of establish- ing a list of railroad grade crossings most urgently in need of alteration, etc. for the year 1971 which was on file. DIRECTOR OF PLANNING STOCKMAN said she prepared a report which was confirmed by the Engineering Department on the streets south of 24th Street between National Avenue and "D" Avenue that have not been reduced to a 60' right of way; "A" Avenue has been reduced from 24th to 30th Streets and improved as a 60' right of way; on the map she gave them tonight, the heavy lines indicate the other streets on the north side of 26th Street between "A" Avenue and the alley, on 27th Street on the south side from "A" Avenue to "D" Avenue, on 27th Street on both sides from "A" Avenue to "B" Avenue, and "B" Avenue on both sides from 27th to 28th Streets; there was one verbal protest from Mournian, 2721 "B" Avenue. City Clerk Minogue said Mrs. Mournian talked to her today and she said if she was not present tonight it would mean she was withdrawing her protest. Mrs. Stockman said if there were no other protests and if the Council felt it had been publicly advertised enough, she believed the City Attorney could tell them the Government Code would let them close the streets by resolution without a public hearing. Moved by Camacho, seconded by Reid, the Director of Planning's recommendation be approved to close the street and refer it to the Cit Attorney for further proc ssinCarried by unanimous vote. Mayor Morgan asked if this would be the proper time to close the City -owned 10' all the way around on A Avenue and 26th Street. City Manager Osburn said he thought that had been done; he would check it. Civil Engineer Associate Newberry said "B" Avenue between 24th and 26th have their sidewalks in a position where they would be on private property if they were closed. Mayor Morgan said the builder has agreed he would set the sidewalk out at his own expense and take this property in that development there. E. H. Alsdorf, 2105 J Avenue, was present and said this looked like a big area for closing streets and he thought they had before this Council the idea of keeping or opening some of these streets so that the air could get through them; he has always complained to them about closing too many of the streets in National Cit y so that they couldn't get through from one main artery to another main artery even in National City. Mayor Morgan said most of the streets in that area were 80' wide and they were closing them down to 60'; these streets are two blocks long or one block long; the longest block they're closing was three blocks. City Manager Osburn said on the Sommers property, since it was dedicated as a street, he would recommend they start a street closing process on the entire parcel Mr. Sommers requested in his sub- division plans. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. DIRECTOR OP PLANNING STOCKMAN said the committee that was composed of Vice Mayor Camacho, Councilman Reid and Planning Commissioners Worthy and Culver met with three of the consultants in regard to updating the General Plan; one consultant withdrew prior to the meeting; from the material supplied and the presentations of the above firms it was the recommendation of the committee that Daniel, Mann, Johnson and Mendenhall be selected as the firm to undertake 8/4/70 146 this program. Moved by Hogue, seconded by Camacho, the Council's and Plann- ing Commission's recommendation be approved and Mendenhall and, so forth be hired. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. Moved by Morgan, seconded by Hogue, they close the west side oVW Avenue between 24th and 26th and the north side of 26th Street from "A" Avenue to the alley. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the meeting be_closed. Carried by unanimous vote. The meeting closed at 8:38 p.m. City Clerk City of National Cit California By: I? Deputy City Cl k The foregoing minutes were approved by the City Council of Nat i o al. City at the regular meeting of August 11, 1970. No cor r ec t i ons Correction as noted below Mayor, ity © N-'tip+nal Cit y, California 8/4/70