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HomeMy WebLinkAbout1979 03-27 CC MIN132 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 27, 1979 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative offficials present: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Milo Wood, First Baptist Church. PUBLIC ORAL COMMUNICATIONS CHRISTOPHER WESTON, JR., a new resident of the City, was present and stated he wanted to meet Council, inform them of his background, and requested Council's assistance in helping him raise his child. RALPH HUGHES, 1104 Manchester, representing the South Bay Country Fair, was present and stated the Fair owed approximately $6,000 and three fund- raisers were needed to pay off this debt. Mr. Hughes said a carnival fund raiser was scheduled for April 12-22, east parking lot, South Bay Plaza; he requested Council waive Inspection and Conditional Use Permit Fees. City Manager McCabe stated the proper procedure would be to contact Mr. Biggs, Dir. Building & Housing and make application; Mr. Biggs would recommend to Council. Discussion. Moved by Morgan, seconded by Waters, we refer this to Stan Biggs. Carried by unanimous vote. LOUIS STRAHAN, 1135 E. 30th Street, was present and stated he is experiencing damage to his property as a result of dirt being hauled for fill; and asked if Council was prepared to assume responsibility for this. Discussion. In answer to the question of the requirements the City has on the contractor, City Engineer Hoffland stated the City is holding a bond in the amount of $3500 to guarantee traffic control, street sweeping, protection of slopes, etc.; there is a guarantee from the property owner to keep the streets clean and the dust down; this is a private development, the owner of the property is paying the trucker to haul in dirt. City Attorney McLean stated this is not a contract in which the City is a party; this is a private property owner; the City's responsibility relates strictly to the grading permit and protection of public property; the Engineer is satisfied that the owner's permit conditions do that; there is no way the City can establish itself as a court of appeals on the dust problem; this is between the contractor and private individuals. City Attorney McLean advised Mr. Strahan that Council believes it has done everything it can within power and reason to prevent the dirt from occurring short of stopping the work. CARL HERNANDEZ, 1225 E, 30th Street, was present regarding the same matter. ALFRED HLAWATSCH, 1279 E. 30th Street, was present and stated the dust and pollution in the air as a result of this project is terrible; they are choking themselves to death. Mayor Morgan stated the City Engineer has the authority to require loads be covered with plastic and that the street be cleaned. HOSEA WOODARD, 1019 Olive Street, was present to request a special award for Little League at a cost of $75.00, the award to be displayed in the City trophy case. Moved by Morgan, seconded by Van Deventer, we sponsor this $75.00 recommendation. Moved by Van Deventer, seconded by Dalla, amend the motion to each Councilman goes $15,00. Motion and amendment carried by unanimous vote. VICE MAYOR CAMACHO introduced TOSHIAKI SUANARA from Japan, who is the guest of James Ledbetter. 3/27/79 133 NEW BUSINESS Item 12, City Manager's report on TRANSIT proposals was presented. City Manager McCabe reported Council authorized staff to file a request for LTF claim (this comes from the fact that we are contemplating contracting with a private transit firm); the LTF funds would be used to pay for that contract; prior to this time these funds have been authorized to be paid directly to our contractor, San Diego Transit; the request must be filed prior to the first of April; if the City does this, it would cover the City in the event of the decision that would be made within the next few weeks; secondly, staff has accepted proposals for providing of a transit contractor within the City; staff and members of the MTDB, CPO, Chula Vista Transit and the County Transportation Department reviewed all the applications; staff invited two for a final interview which was held last Monday; from those two, staff has selected one proposal (McDonald) and all members of the review committee agree; the proposal provides for a reasonable cost to the City; it provides for a Resident Manager within the City to serve the residents; it would provide a Manager who has experience within the California area to run the operation; it would meet the requirements that it be operational by July 1 of this year; the company has a excellent reputation throughout the U.S.; staff is anxious to have Council authorize the City Manager's office to enter into final contract negotiations with McDonald Transit; staff would bring back a recommendation and a final contract for Council's consideration within a few weeks. Moved by Morgan, seconded by Waters, the Manager's recommend- ation be approved. Discussion. ROBERT NELSON, MTDB, was present and stated the pooling concept that's going to be developed in San Diego within the next year or so provides for virtually no risk; the City stands to gain better control of their own interest in the City bus service and regain the flexibility to deal with South Bay problems as they come up; National City is a big user of transit service; there is a transit - dependent population within the City; there will be no cost to the tax payers from the general fund of the City. Mr. Nelson stated flexible buses manufactured by Flexible Corporation will be used. There was discussion in regard to the possibility of McDonald Transit dealing with local businesses as far as gas, fuel, etc., to give them the opportunity. Mr. Nelson stated McDonalds has been visiting the local businesses in recent days to make these arrangements. Motion carried by unanimous vote. PUBLIC HEARINGS The continued HEARING to obtain the views of citizens and to respond to citizen proposals regarding the preparation of an APPLICATION TO THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR A GRANT UNDER THE SMALL CITIES PROGRAM (the Committee for Housing and Community Development recommended that Council authorize an application to the U.S. Department of Housing & Urban Development for $450,000 Small Cities Grant for residential property improvement loans within the approved Housing Assistance Area and for public improvement and administrative costs in connection with such loans) was held at this time. ARNOLD PETERSON, Director of CDC, was present and stated this is the second public hearing to hear from citizens, particularly minorities, for the $450,000 grant, $360,000 of which would be used for residential property improvement, $50,000 for supporting public improvements, $40,000 toward administrative costs. Discussion. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and the citizens to respond on this $450,000 Small Cities Grant. I move for its approval. Mayor Morgan stated Congressman Van Deerlin notified the office of the Mayor that this $450,000 Grant was approved and they are waiting for the application. Carried by unanimous vote. The HEARING to determine whether public health, safety and welfare require removal of overhead power, telephone and cable facilities in establishing UNDERGROUND UTILITY DISTRICT 10 (Ord. 1414 establishes procedures whereby underground conversion districts are formed; the public hearing will allow public testimony to determine whether the public welfare requires the formation of District 10 on "D" Avenue between 12th and 16th Streets; allocations are made for underground districts from profits of SDG&E; 3/27/79 134 over $450,000 will be available on 1/1/80; District 10 is estimated to cost $433,000) was held at this time. City Clerk Campbell stated the Affidavit of Mailing was on file. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed to determine whether public health, safety and welfare requires removal of overhead whatever, I move in favor of it, Discussion. Carried by unanimous vote. The continued HEARING on the proposed ZONE CHANGE from RM-1-D-20 and D-15 (Residential Multiple -Density 20 and Density 15) to RM-1-D-10 (Residential Multiple -Density 10) the area bounded by 24th Street, "F" Avenue, 26th Street, and "B" Avenue, but excluding the properties at 220 through 340 24th Street, inclusive; 2511 through 2545 "B" Avenue, inclusive; and the property at 225 26th Street was held at this time. Planning Director Gerschler stated Council referred this case back to the Planning Commission at the meeting of March 13th and asked them to make a report on the alternatives of zoning this entire area for density of 15 dwelling units per acre; the Planning Commission considered that and unanimously supported that alternative and recommend to Council that they rezone this property for a density of 15. SERGIO DIAZ, 528 24th Street, was present and inquired what Density 15 meant and he was advised this meant two houses. No one else was, present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the RM-1-D-20 and D-15 to RM-1-D-10 the area bounded by 24th Street, "F" Street, 26th and "B" be changed with the recommendation of the Planning Commission and the City Council. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Waters, the adoption of Resolutions and Ordinances be by title only. Carried by unanimous vote. Resolution No. 13,009, "RESOLUTION CONFIRMING ASSESSMENT (Alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue, Assessment District No. 196)," Moved by Van Deventer, seconded by Waters, Resolution No. 13,009 be adopted. Carried by unanimous vote. Resolution No. 13,010, "RESOLUTION OF AWARD OF CONTRACT (Resealing expansion joints in two swimming pools - Las Palmas Park, Specification No. 887)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,010 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) (See paragraph no. 3, page no. 134). Ordinance No. 1674 (3/36/79-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA PROHIBITING VANDALISM TO PUBLIC PROPERTY; PROHIBITING THE PLACEMENT OF LITTER IN ANY PUBLIC PLACE;PROHIBITING CERTAIN OTHER ACTS ON CITY -OWNED PUBLIC PROPERTY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF." Moved by Van Deventer, seconded by Waters, Ordinance No. 1674 (3/29//9-1) be adopted. Discussion. Carried by unanimous vote. NEW BUSINESS The City Treasuer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 37, dated March 27, 1979, in the amount of $33,845.03 (Warrants Nos. 64494 through 64549), and PAYROLL for the period ending March 15, 1979 in the amount of $189,641.36 was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. Item 7, CLAIM FOR DAMAGES from Anunciacion P. Ibong alleging bodily injury as a result of a defective/non-existent sidewalk; Item 8, CLAIM FOR DAMAGES from Lloyd 0. Neely alleging defamation and slander; and, Item 9, CLAIM FOR DAMAGES from Milton and Colleen Ogden and Robert and Norma Baker alleging monetary loss due to inaccurate information was presented. Moved by Camacho, seconded by Waters, these be denied and referred to the City Attorney. Carried by unanimous vote. 3/27/79 135 Item 10, CLAIM FOR DAMAGES from Danny John Hodges for personal damages was presented. Moved by Camacho, seconded by Waters, direct the Clerk to return as it was filed too late. Carried by unanimous vote. The National City Ministerial Association's request to hold an EASTER SUNRISE SERVICE in Kimball Park. (the Association has requested the use of the Memorial Bowl in Kimball Park to hold its annual community Easter service; the service is scheduled for the morning of April 15th between the hours of 6:30 and 8:30 a.m.; this event will not conflict with other scheduled park or recreation activities; staff recommends approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request from the National City Ministerial Association. Carried by unanimous vote. Item 12, report on transit proposals (See paragraph no. 1, page no. 133). OTHER BUSINESS PLANNING Council review of development plans for property located on the west side of Cagle Street, north of 3825 Stockman Street, CUP 1978-18 (Plans submitted on behalf of the property owner show two single family dwellings each with combinations of two floor levels; the Dept. of Building & Housing has advised that the proposed dwellings would be all right per Uniform Building Code definition of "story" for one-story buildings; by letter dated 3/19/79, Sun Belt Properties requested Council review plans for the dwellings proposed and decide if they have complied with the intent of the one-story condition of Council Resolution No. 12,878; staff recommends that Council make an interpretation of their intent in stipulating a "one-story" height limit in their approval of Conditional Use Permit No. 1978-18) was presented. Moved by Camacho, seconded by Waters, in favor of the Planning Director's recommendation. Carried,by by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. STREET TREE AND PARKWAY COMMITTEE Recommendations from the STREET TREE AND PARKWAY COMMITTEE meeting of March 15, 1979 (remove one Shamel Ash tree located at the residence of Mrs. Olga Din, 3406 E. 7th Street [tree to be removed on receipt of $10 from the treasurer's office for replacement tree]) was presented. Councilman Waters stated at the meeting of March 15th the Street Tree and Parkway Committee denied a request for removal of an olive tree in the parkway at 230 "G" Avenue. Moved by Waters, seconded by Van Deventer, we remove that tree on the grounds that the individual will replace another tree at the same time at his cost. Carried by unanimous vote. Moved by Waters, seconded by Van Deventer, the balance of the Street Tree and Parkway Committee recommendations be approved as is. Carried by unanimous vote. CITY MANAGER CITY MANAGER MCCABE stated he received a request from WEISSER'S SPORTING GOODS COMPANY to hold an outdoor sporting equipment trade show next Saturday; all fees have been paid and all City departments recommend approval and staff agrees; this request was received too late to be placed on the Agenda. Moved by Camacho, seconded by Van Deventer, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF VICE MAYOR CAMACHO called a Real Estate Committee meeting for April 3rd at 6:00 p.m. MAYOR Moved by Morgan, seconded by Camacho, we authorize the City Manager to make a report and give it to the Council on (the drainage problems at) 1826 E. 18th Street. Carried by unanimous vote. 3/27/79 136 CITY COUNCIL COUNCILMAN DALLA asked Planning Director Gerschler about the possibility of planting trees under a 1911 Act. Planning Dir. Gerschler stated the Parkway Tree Plan that was prepared several years ago talks about that; it has never been budgeted or funded but the mechanism is there. COUNCILMAN VAN DEVENTER requested support for fund to be set aside for events for the Park and Recreation Department in which they compete against other Park and Recreation Departments. Moved by Van Deventer, seconded by Waters, this be referred to the Finance Committee. Carried by unanimous vote. Moved by Camacho, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:35 p.m. CITY CLE CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were adopted on April 3 , 1979 by the City Council, 0 Corrections �% No corrections i°141! MAYO CITY OF NATIONAL CITY, CALIFORNIA 3/27/79