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.
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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;
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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.
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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.
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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