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HomeMy WebLinkAbout1982 11-23 CC MIN206 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 23, 1982 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members presents Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, McCabe, McLean, Sr. Civil Engineer Pachon. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Chaplain Wilfred Reyna, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of November 16, 1982 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS BERNARD TRAGER (Chaplain, Carnation Chapter 3, Pearl Harbor Survivors), 516 E. 24th, was present and said Pearl Harbor Memorial services will be held at 9;00 a.m., December 4 on the USS Juneau, at the foot of Broadway; everyone is invited, especially City Attorney McLean. PUBLIC HEARING The continued Public Hearing MEDEVAC request for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to OPERATE AMBULANCES in National City (On July 15, 1982, the City received a request from Medevac Ambulance Co. to operate four ambulances in the City; a hearing was scheduled and at the conclusion of the Public Hearing, a 90-day continuation was approved; during the 90 days, Aaron Ambulance has put in service the equipment necessary to insure safe transport of intensive care patients, and has arranged with off -duty nurses from Paradise Valley Hospital to ride along when patient transfers are made; over the 90 days, only two cases are documented where a backup ambulance was called because all of Aaron's units were committed or might be delayed; the original request by Medevac developed out of new County regulations for training and equipment necessary for inter -hospital transfers of intensive care patients; current procedures by Aaron have taken care of that specific need; staff recommends no increase in the number of permits at this time, as the current service levels provided by Aaron, Hartsons and Schaffers appear adequate to serve National City) was called at this time. City Attorney McLean said Council has two options; 1. to grant the Certificates and take the position that the City will not regulate the operation of the ambulances in the City, assuming that the operators are qualified and licensed, and 2, if Council is interested in considering some form of regulation of the number of ambulances or persons who engage in the ambulance business in the City, Council will have to have considerably more factual information than is now presented; the gathering of those facts is beyond the scope of the assignment to the City Manager; he will have to do some manpower allocation to make a meaningful report; the Manager will need about 120 days to respond. Moved by Morgan, seconded by Camacho, the City Manager be authorized to make a study, and this hearing be continued to the 4th meeting in March, 1983. Discussion. CHUCK DOVEY, 3840 Calle Fortunado, San Diego, was present and said he is from Medevac and questioned the necessity for the study; Medevac would guarantee 24-hour a day service; would Council object to a temporary permit until the City Manager completes his study? Further discussion. City Manager McCabe said he 11/23/82 207 does not see a need for a temporary permit at this time; the City's Ordinance allows them to come into the City on an emergency basis now. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,930, "RESOLUTION AUTHORIZING AN AMENDMENT TO THE COOPERATION AGREEMENT -PLAZA BONITA CENTER/SWEETWATER REGIONAL PARK DEVELOPMENT." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,930 be adopted. Discussion.. Carried by unanimous vote, Resolution No. 13,931, "RESOLUTION APPROVING AUTOMATED LIBRARY CIRCULATION SYSTEM AGREEMENT BETWEEN THE NATIONAL CITY AND CHULA VISTA PUBLIC LIBRARIES." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,931 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,932, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easements for Drainage Structure and Sewer, 2815 thru 2819 East 18th Street, First Samoan Methodist Church)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,932 be adopted. Carried by unanimous vote. Resolution No. 13,933, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH MAYTIME BAND REVIEW CORPORATION." Moved by Waters, seconded by Van Deventer, Resolution No. 13,933 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Dalla, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1788 (11/9/82-1), "ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 6.73 RELATING TO VIDEO MACHINES." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1788 SI1/9/82-1) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 20, dated November 23, 1982, in the amount of $131,055.41 (Warrants Nos. 78083 through 78141 [voided 78082]) and CERTIFICATION of PAYROLL for the period ending October 31, 1982, in the amount of $231,166.19 was presented. Moved by Camacho, seconded by Van Deventer, the warrants be drawn and the bills paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The Purchasing Agent's recommendation of AWARD of BID G.S. 8283-1, CENTRAL REPRODUCTION UNIT (... for replacement of the current Xerox 9200 copier in the main floor of the Civic Center; it is seven years old and has had repeated mechanical failures; three vendors were contacted whose machines met the City's basic requirements; a committee was appointed by the City Manager's office and chaired by the Purchasing Agent to evaluate the three machines: Xerox Model 8200, Kodak Ektaprint 150 AF, and IBM Series III Model 60; the committee conducted an extensive analysis, including machine feature analysis, machine reference check and a special applications trial; per Ordinance No. 1480 the committee's work was considered an integral part of the bidding process; the committee unanimously recommended the IBM Series III, Model 60; IBM was the low bidder; an independent Equipment Broker has submitted a bid for the used Xerox 9200 of $15,000; its disposal will 11/23/82 208 be coordinated with installation of the new machine; staff recommends Council award Bid GS 8283-1 to IBM for lease/purchase of their Series III, Model 60 at $23,709.00 [$1,975.75 x 12] and authorize disposal of existing Xerox 9200) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this recommendation. Discussion. Carried by unanimous vote. The City Engineer's request for APPROVAL of CHANGE ORDER NO. 1, RESURFACING and RECONSTRUCTION of VARIOUS STREETS in National City, Spec. No. 926 (While repairing Roosevelt Ave., unsuitable clayey subsoil was encountered, which was impossible to compact according to specifications; this Change Order is for the removal of the unsuitable material and for the import, placement and compaction of Class II Aggregate Base subgrade; the necessity for this Change Order was informally justified by Mr. Ralph Grahl at the pre -council meeting on October 26, 1982; cost of this Change Order is $5,839.03 and funds are available; staff recommends the Change Order be approved and the Acting City Engineer be directed to sign it) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. The CLAIM FOR DAMAGES of LINDA SCALF, arising from an incident on August 9, 1982 and served on the City Clerk on November 12, 1982 was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICE OF DECISION Planning Commission Resolution No. 47-82 APPROVING CONDITIONAL USE PERMIT to ALLOW a residential ROOM ADDITION within a FLOODWAY ZONE at 728 Salot St., CUP-1982-16 (... involves a proposed 500 sq. ft. single - story room addition to an existing single -story family dwelling on property having a total land area of 5,679 sq. ft.; project site is located on the West side of Salot St., immediately adjacent to the North edge of the Paradise Creek Channel; the existing flood channel structure can convey a 50-year frequency flood; the City's adopted base flood discharge is 100-year frequency; therefore, flooding will occur in this area up to elevation 140 ft.; floor elevation of the proposed room addition will have to be at, or above that elevation; zoning is Residential, Single -Family, Designated Floodway Combining Zone [RS-2 FIN]; no protests have been received regarding this project; staff concurs with the Planning Commission's approval of this application) was presented. Moved by Camacho, seconded by Van Deventer it favor of the Planning Commission's recommendation. Discussion. C<uocilman Waters said it should be noted in the deed that the property is in the floodway zone. Planning Director Gerschler said he would take a look at this. Motion carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan spoke in regard to Council's action re -naming Civic Center Drive Robles St. (which was covered in his letter attached to the agenda), saying he thought since Mr. Robles was connected with youth, Council should come up with something youth oriented, such as a gym, a tennis court, something pertaining to youth, not a street in an industrial area. VICE MAYOR CAMACHO said Mr. Van Deventer made a good suggestion in conversation today; there is a new ball park being developed in our park and the ball diamond could be named Robles Park and the entrance to it Robles Lane, COUNCILMAN VAN DEVENTER asked if the matter should come back and be set for public hearing. MAYOR MORGAN replied it should come back and asked who would come up with a 11/23/82 209 name -- Civic Center Lane? or Civic Center Blvd.? or Civic Center? or leave it that and change this other to Civic Center Blvd.? or just leave the Civic Center on both streets? PLANNING DIRECTOR GERSCHLER said those options would be part of the hearing; you have adopted a Resolution naming it Calle Robles, but you could introduce a new Resolution, I think, without having a new hearing, unless the City Attorney finds some objection. MRS. DENNIE HERRERA, 218 Civic Center Drive, was present and said she had taken a petition from her street and the surrounding community, and they want to leave it as it is, and the signers are residents and business people in the community surrounding Civic Center Drive: "We object to the proposed street name change for the following reasons: First, the name change would be the second in three years. Such changes are not only expensive, but disruptive to personal and business lives. Second, changing the name of two streets to accomplish the goal of changing the name of one street is unnecessary and an incredible waste of taxpayers' money. Third, as this is an area in transition to industrial use, the proposal to name the street in honor of Junior Robles is entirely inappropriate and inadequate for a man who contributed so much to the youth of our community." Moved by Morgan, seconded by Waters, we rescind that Resolution and set it for another public hearing. COUNCILMAN DALLA said he had spent a lot of time thinking about this in the last week trying to decide what the appropriate response would be to the stated intention or desire to rescind what Council had done; he was not sure if he knew an appropriate response; the intention was not to create any kind of controversy, because Junior Robles was not someone who separated people -- he helped bring people together; he tried to insure that that would not happen by discussing this with individual members of the Council before bringing it up, and had anybody indicated that there was any concern or problem, it would never have come up; and so first of all, he felt a certain amount of -- he was not sure exactly what -- but he did not want Junior Robles to be the subject of any controversy and that has happened, and to the extent that he was responsible, he apologized; to the extent that other people are responsible, he couldn't speak for them; to set the record straight, he doesn't think that naming a residential or industrial street after a person is inappropriate; that's just a baseless argument; the (Mayor's) letter says it should be held in abeyance until the need arises; he didn't know when the need would arise; that fact is, people change their minds which is perfectly their right and privilege; but you do a disservice when you try to hide the mere fact that you changed your mind by a lot of reasons that really don't make sense; if you change your mind, that's fine; he could understand that; just stand up and say you've changed your mind, you have some objections, you spoke to a person or persons that were not pleased with the name change, but don't come up with the fact that an industrial st_<et is not appropriate, it should be a residential street; there are 25C' :ome odd streets in San Diego County that have Calle in them; we're not :,xactly breaking new ground here, and there are people that know what that means; a lot of those streets are both residential and commercial; his biggest concern ... (Councilman Waters asked Mrs. Herrera to give the petition to the Clerk.) that was a very nice petition, and he was going to ask the lady if she wrote it; the whole idea is he did not want this to be a controversy, and it has become that, and that bothers him more than anything because he went out of his way to see that that did not happen; it's in your hands, do what you want to do, but he thought it was unfortunate; it didn't have to happen that way. COUNCILMAN WATERS said he wanted the record to show here that no one, in fact he hadn't talked to Assemblyman Elect Peace; he would put that on record to show -- Mr. Dalla knows he notified him of this desire of his about 10 minutes before last week's meeting; at that time, he indicated to Mr. Dalla personally that he felt that when you name streets, there should be some type of order in doing it; he said we all live here and we know where the streets are, whatever they are named, but the persons who come into this town to do business get lost easily, and so the general markings of streets usually carries 1, 2, 3, 4, 5, 6, 7 and/or A, B, C, D, E etc. Mr. Waters continued he 11/23/82 210 recommended then that we ought to find out where Mr. Robles lived; it would be appropriate to name the street where he lived; he also felt that maybe a gym would be appropriate when it was built, since he was in the boxing business; he mentioned a few of these things in the ten minute period before the meeting, and asked him if maybe it wouldn't be a bad idea to hold it up for one week for time to think on it; but he wanted the record to show that he made the decision on the fact, and he was even told by one of them that he lived on Highland, so that's why he went along with it. Assemblyman Elect STEVE PEACE was present and said, in response to Mr. Dalla's concern, he certainly concurred with it in terms of controversy, and he didn't think anything in the efforts made by the community on the West side should be interpreted as trying to create that; in fact you'll find in the petition that business people and neighbors have concurred; and really this is the problem, it was brought up ten minutes before a meeting and maybe you folks had a chance to talk about it, but no one talked to those of us who live and work in that part of the community; and it's certainly nothing with respect to feeling that the effort to name the street is better than doing nothing at all; the point, with respect to appropriateness is that it's a fantastic idea to name the ball park and the street moving in because then there is an opportunity to put a plaque and to say what this man meant. Mr. Peace continued, maybe we're losing the sense of what Junior Robles was all about, but he was around then, and he knew him, and then he went to Poland; there were a lot of tears shed over that; there are a lot of young kids who are still around this community who lost somebody very dear, and to simply name a street, and 20 years from now, have no one know why that street was named that is just not enough, and so that should not be taken as a slap at your genuine and sincere effort to honor that name; it's just a little more reflection upon the idea, in thinking of doing something even a little better; it's not the concern in that part of the community to create controversy at all, and everyone is very proud of the fact that you thought of Mr. Robles in the first place; the concern is really focused on the belief it's not necessary to change the names of two streets to accomplish the change of name of one street; though if you took it as that, he would, for his pat, apologize and he was certain the other people in the community feel the same way; they were not on opposite sides at all. COUNCILMAN VAN DEVENTER said if this is to be set for public hearing, he would like some information from the police and fire departments relating to having two streets with the same name and what kinds of problems might occur; there are a certain amount of problems when you use the same name. PLANNING DIRECTOR GERSCHLER said it would be part of the report. COUNCILMAN DALLA said that was included in the original report, and it was discussed that it's not a recommended practice to two parallel streets within the same humdred block with the same if an ambulance is called to 1402 Civic Center Drive and they to go to Civic Center Way, the few minutes that it takes for them to U termine that they're at the wrong place could be fatal; if that's your intention, whether you call it, whatever we've discussed or something else, if your intention is to change both of them to Civic Center Drive, you better think about that very seriously because you're trying to have your cake and eat it too, and if something happens to someone, it's going to be our responsibility in a lot of ways. COUNCILMAN WATERS said you're hitting the point; we have to get off the idea that we can only name those streets Civic Center Drive; maybe we could think of an idea that's close like City Hall Drive or something like that for the major street; what we're trying to do is give direction to the City Hall off the freeway, so you can even say City Hall Drive or anything, come up with a different name, and leave that street that used to be 13th, Civic Center Drive. There was consensus the hearing should be in 60 days. 11/23/82 211 The Mayor's letter was read into the record: "TO: City Council "FROM: Mayor Morgan "RE: Civic Center Drive Name Change "The suggestion of naming one of the City's streets after Junior Robles is a good one and should be held in abeyance until the need arises. However, use of his name should be restricted to residential streets as it is not appropriate for an industrial area. Better still would be to consider naming a gym or other youth facility after Junior, since we associate him with the grand and caring way he had with our young people and his zeal in acquiring the necessary facilities. "I will so recommend at the next City Council meeting even if it means setting the matter up for public hearing. "(s)Kile Morgan Mayor" Motion carried by unanimous vote. Mayor Morgan said he is writing a letter to the Presiding Judge, South Bay Municipal Court, to try and get him to raise the bail for prostitutes to $2,000; the City of San Diego has raised their bail to $2,000. Moved by Morgan, seconded by Van Deventer, the City Attorney be instructed to do whatever is necessary to get the courts to raise the bail for prostitutes to $2,000. Carried by unanimous vote. The City Clerk read Mayor Morgan's November 22 letter to the City Manager into the record: "Tom McCabe City Manager City of National City "Dear Mr. Manager: "Last week at the City Council meeting, Mr. Van Deventer stated loud and clear that the people elected five people to run the City. "I do not know what the policy has been in the past but I would like for you to inform staff members not to let the Mayor or any member of the City Council interfere with their official duties unless the matter has been brought before the City Council and approved by them at a regular Council meeting. "I can recall an incident where the Council specified certain street work to be done at Coolidge and Plaza Boulevard, voted on the matter and then a member of the City Council prevailed upon a City staff member to change the wording after the Resolution had been signed, when the wording had been specifically dictated as shown by documented City Council minutes. 11/23/82 212 "Under no circumstances is there to be a repeat performance of the above incident during my administration for once the Council has made a decision, the proper way to change it is to bring the matter back before the City Council and request the change. "(s)Kile Morgan Mayor CITY COUNCIL Councilman Waters requested a letter from the Girls' Club be read into the record: "The1City Council City of National City 1243 National City Blvd. National City, CA 92050-4397 "Dear Friends, "It has come to my attention as per a conversation with George Waters, that new drapes have been purchased for the Community Building's windows and stage. I was wondering if there was a possibility of the Girls Club having the old ones for our auditorium. We do not have drapes for the windows and our stage curtain is in such tattered condition that it needs to be removed. However, we cannot afford to replace it. We would be most appreciative of the drapes now use in the Community Building. We hope that there is a possibility of this request being granted. "Thank you for all you have done for the Girls Club. If you have any questions, please contact me. "Sincerely (s)Sheryl L. Hulsey Executive Director" Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. Councilman Van Deventer requested the City Attorney update the Ordinance on peep shows in line with the Ordinance on video games. City Attorney McLean said he would do this. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., December 7, 1982. Carried by unanimous vote. The meeting closed at 7:39 p.m. CITY CLE The foregoing minutes were approved at the regular meeting of the City Council on December 7, 1982. Corrections /No Cor /i-ctions _Miry OR CITY OF NATIONAL CITY, CALIFORNIA 11/23/82