Loading...
HomeMy WebLinkAbout1979 10-02 CC MIN11 MINTUES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 2, 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 officials 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. Hubert Campbell, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meetings of September 18 and 25, 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan was to have presented 25-year pins to LEROY STEVERSON and FRANK SPEYRER, JR. who were unable to be present. The Mayor said he would make the presentation when he sees them and will thank them for their years of service to the City. The City Clerk read the Mayor's proposed proclamation of WHITE CANE DAYS October 5th and 6th. Moved by Camacho, seconded by Van Deventer, for the adoption of this proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Milt McGill, Lion's Club and thanked the Lions for their service on behalf of the blind. The City Clerk read the Mayor's proposed proclamation of FIRE PREVENTION WEEK October 7-13. Moved by Van Deventer, Seconded by Dalla, for the adoption. Carried by unanimous vote. Mayor Morgan presented the proclamation to Clarence Wright, Fire Marshal.. City Manager McCabe reported on the recruiting of fire chief and re- commended RICHARD BRIDGES (Asst. Fire Chief, Rialto) be hired. Moved by Waters, seconded by Camacho, in favor of the City Manager's re- commendation. Carried by unanimous vote. RICHARD BRIDGES was present and thanked Council for their consideration and the City Manager for his recommendation, stating he intends to work closely with staff and Council. in matters relating to the Fire Department. Mr. Bridges introduced his daughters, Lisa and Cindy, who were present. MAYOR'S APPOINTMENTS Mayor Morgan's proposed reappointments of Shirley LaRue, Louise Barchus, Eva Cano, Rosa Enriques, Martha Smith, Marie Meier, Leona Meyers and Mary Preston Vaught (alternate) to the Senior Citizens Advisory Board; Helen Cobb to the Civil Service Commission; and, the appointment of James L. Ledbetter to the Street Tree and Parkway Committee were pre- sented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendations. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS MRS. ROBERT RICHARDS, 1441 E. l6th Street, was present and asked what action had been taken on behalf of her request to Councilman Van Deventer regarding student nurses at Southwestern College. Councilman Van Deventer reported her request had been taken care of by the Chief of Police and City Manager who had notified Mrs. Swanson at South- western College; he advised her to contact Southwestern. 10/2/79 12 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalia, these be adopted by title only. Carried by unanimous vote. Resolution No. 13,137, "A RESOLUTION AUTHORIZING AWARD OF CONTRACT (Resurfacing Tennis and Basketball Courts at El Toyon Park, Specifi- cation 907)";• (:.,the City Clerk opened sealed bids; two bids were received [ i] Eastwood and Sons, $6,996.00; [ 2] Folsom Tennis Enterprises, Inc., $3,725.00; the City Engineer recommends Council accept the bid of Harold Eastwood and reject all other bids)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,137 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,138, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (1430 E. 4th Street, Gonzales)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,138 be adopted. Carried by unanimous vote. Resolution No. 13,139, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Alley adjacent to 1935 Grove Street, Riggs)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,139 be adopted. Carried by unanimous vote. Resolution No. 13,140, "RESOLUTION OF AWARD OF CONTRACT (Asphalt Concrete Resurfacing Program FY 79-80, Specification No. 909)"; (ori 9/19 the City Clerk opened sealed bids; four bids were received, [1] V. R. Dennis Construction Co., $299,946.00; [2] R. E. Hazard Contracting Co., $309,935.52; [3] Daley Corporation, $341,086.80; [4] Asphalt, Inc., $393,662,80; City Engineer recommends accepting the bid of V. R. Dennis and rejecting all other bids)." Moved by Waters, seconded by Van Deventer, Resolution Not_ 13,140 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,141, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Alley adjacent to 700 East 24th Street, Morris)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,141 be adopted. Carried by unanimous vote. NEW BUSINESS The CLAIM FOR DAMAGES of TONY AGUIRRE alleging damages resulting from accident on August 31, 1979 was presented. Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. The City Engineer's recommendation to (a) APPROVE EXEMPTION of require- ment to IMPROVE AN ALLEY adjacent to 404 Palm Avenue (the property owner has an obligation under Ord. 1491 to improve a dedicated, unimproved, non -traversable alley adjacent to his property; the alley cannot be constructed for the $6,383 obligation under Ord. 1491; because of topographical problems an improved alley could serve the back of the properties along Palm Avenue but not properties on the west side of the alley; the developer indicates that none of the adjacent owners wish the alley improved, and he will pursue alley vacation procedures; he has applied for an exemption from requirements to improve the alley; the existing fill in the alley was made under an approved grading permit and the developer proposed to landscape this slope); and, (b) approve Encroachment Removal Agreement, southwest corner of 4th and Palm (the owner seeks permission to place "toe of fill slope" into unimproved, non -traversable alley; it is further recommended that alley closing proceedings be initiated) was presented. City Engineer Hoffland stated as an added condition on Item 10(a) that the developer post $300.00 cash deposit to guarantee the processin• of the alle vacation and that 10 b be filed. Moved by Waters, seconded by Van Deventer, in favor of Item 10(a) and 10(bl and the recommendation of the City Engineer. Carried by unanimous vote. The City Engineer's recommendation to authorize CHANGE ORDER #1 to 10/2/79 13 contract with HUBBARD CONSTRUCTION COMPANY to increase demolition work (contract plans called for some concrete removal to be accomplished by City forces and some concrete removal by the contractor; because the contractor is better equipped to do the removal and disposal work, all work is to be accomplished by contract; the price has been negotiated and approved by the Consultant Landscape Architect and is accepted by the contractor; $3,082 is availabe from Fund 571-A, Revenue Sharing) was presented. Moved by Van Deventer, seconded by Dalla, in favor of the City Engineer's recommendation. Carried by unanimous vote. The City Engineer's recommendation to authorize CHANGE ORDER #1 to con- tract with V. R. DENNIS CONSTRUCTION COMPANY for annual asphalt concrete resurfacing program, FY 79-80, Specification 909 (Change Order 1 deletes A.C. from the contract which reduces the total contract amount to within the $251,500 available for this contract; this Change Order was request- ed by the Public Works' Superintendent and recommended by the City Engineer) was presented. Moved by Van Deventer, seconded by Dalla favor of the City Engineer's recommendation. Carried by unanimous vote. The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 10, dated September 25, 1979 in the amount of $54,235.88 (Warrants Nos. 65988 through 66046); PAYROLL for the period ending August 31, 1979 in the amount of $194,027.92; WARRANT REGISTER NO. 11, dated September 25, 1979, in the amount of $39,374.43 (Warrants Nos. 66047 through 66091); WARRANT REGISTER NO. 12, dated September 25, 1979, in the amount of $124,208.29 (Warrants Nos. 66092 through 66172); PAYROLL for the period ending September 15, 1979 in the amount of $171,524.29; and WARRANT REGISTER NO. 13, dated October 2, 1979, in the amount of $54,066.59 (Warrants Nos. 66173 through 66235) 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. Vice Mayor Dalla's report and recommendation regarding staffing of the City Attorney's office was listed on the Agenda. Vice Mayor Dalla stated this item, since it deals with personnel, should more properly be discussed in Executive Session and would request that the Mayor call one at the end of this Council meeting providing he will attend it. Mayor Morgan replied he would call an Executive Session but would not attend it. Vice Mayor Dalla said if that was the case he would discuss the matter in open session; and requested the record reflect that it was his intention to discuss this matter in Executive Session and also that based on the Mayor's decision to absent himself from the Session, the only time and place to do this was in open session. Vice Mayor Dalla read his recommendation which stated in part his belief the City is in need of a full-time City Attorney; if Mr. McLean would be willing to give up his private legal practice and other outside legal business to devote himself full-time to the City, the problem would be solved; if he would not, the services of a qualified individual must be sought; Council should determine whether Don McLean was ready, willing and able to fulfill the duties and responsibilities of City Attorney on a full- time basis and divest himself of outside legal interest; if so, then Mr. McLean be instructed to do so immediately; if not, Council should take appropriate steps to secure the services of a qualified full-time City Attorney. Mr. Dalla stated the problem has been with the Council for a long time and he would be interested in hearing other opinions on the matter; he apologized to Mr. McLean for having to bring this out in open session. Councilman Camacho said he had hoped the Mayor would attend an Exective Session to avoid any embarassment; with regard to the matter of legal representation, many comments have been made in reference to Mr. McLean's absence from the City, he is involved in a lot of things and is not putting in the amount of time that he is being paid for; he supports Vice Mayor Dalla on this matter. There was dis- cussion.. City Attorney McLean stated he has never been opposed to discussing any aspects of his job; he has not been embarassed this evening; he would suggest discussing the situation during the following week and in the meantime continue with the meeting. 10/2/79 14 PUBLIC HEARINGS The continued APPEAL of the CONDITIONS attached to Conditional Use Permit (CUP 1979-6) Planning Commission Resolution No. 67-79 to allow an automotive tune-up facility on property located at 333 Highland Avenue, was called at this time. City Clerk Campbell stated the appli- cant requested continuance and recommended the hearing be continued to November 6th at 7:45 p.m. No one was present in this regard. Moved by Van Deventer, seconded by Dalia, so moved, Carried by unanimous vote. The HEARING to determine whether the Public Health, Safety, or Welfare require the formation of-JNDERGROUND UTILITY DISTRICT on 14th Street, between "B" Avenue and "D" Avenue, District No. 11 was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. City Engineer Hoffland stated the Underground Utility Committee recommended an Underground District be proclaimed on 14th street between "B" and "D" Avenues; this would serve the park; there would be no private services In the District; San Diego Gas & Electric Company indicated they can move forword in a timely manner and cooperate with the contractor in the park; the costs involved are in the neighborhood of $50,000. No one was present in this regard. Moved by Van Deventer, seconded by Camacho, in favor of the City Engineer's re- commendation and that this hearing be closed. Carried by unanimous vote. The HEARING to determine whether Public Health, Safety or Welfare re- quire the formation of UNDERGROUND UTILITY DISTRICT on 12th Street from "A" Avenue to "D" Avenue and also on "B" Pvenue from 12th Street to 14th Street in Kimball Park, District No. 12 was held at this time. The City Clerk reported the Affidavit of Mailing and Certificate of Publication were on file. City Engineer Hoffland reported this is the third of three utility districts that will be processed as one construction pro- ject by San Diego Gas & Electric; it is the last of the underground pro- jects around the park, a relatively minor portion, and completes the underground district around the park; it provides for cables in the street to be undergrounded at San Diego Gas & Electric Company cost; the individual property owners have to have underground services; these are at a nominal cost in the range to $2-400.00; business may be more; underground telephone is a minor cost with the option of having their own contractor or one general contractor for the whole area. Councilman Van Deventer stated he is concerned with the cost in the area due to the fact that there are senior citizens living there and before Council goes forward, Council should have a breakdown on the costs involved to the individual homeowner; perhaps the City would have to participate in matching funds to help relieve the costs to the people; it should be looked at very closely. City Engineer Hoffland stated they could get cost estimates on the underground services to individual residences. MITCH GUARANO, 410 Harbison Avenue, was present and stated he owns a house in the District; he doesn't have a figure on what it would cost the indivicual property owner; he would be opposed to the District if the costs were excessive; he asked for a cost figure of SDG&E and was unable to get it; he feels this is a double assessment and perhaps the City ought to pick up the tab. Mayor Morgan stated under no circum- stances would he agree to pick up any part of the cost for anyone work- ing for the City, as Mr. Guarano does. Mr. Guarano said he feels this is a double assessment. Discussion. Moved by Van Deventer, seconded by Waters, we hold th ver for one week to allow Mr. Hoffland to bring back information, Discussion. Carried, by the following vote, to -wit: Ayes: Camacho,, Van Deventer, Waters, Morgan. Nays: None. Abstain: Dalla. OTHER BUSINESS PLANNING The Planning Department's recommendation regarding U.S. Environmental Protection Agency cooperative agreement providing $12,000 Grant for National City community NOISE PROGRAM START-UP (the grant requires a match by the City of $6,000 worth of staff "in -kind" services to be provided primarily by Police Department enforcement efforts; this grant 10/2/79 15 is for the period October 1, 1979 to September 30, 1980; the agreement allows a maximum of $2,500 of grant money to be spent on equipment; the City will need to allocate an additional $3,500 to purchase the necessary equipment; staff recommends Council approve the agreement and authorize the City Manager to sign) was presented. Moved by Van Deventer; seconded by Camacho, in Favor of staff's recommendation. Carried by unanimous vote, Plan, Dir. Gerschler stated staff can start the train- ing in about 30 days. The Planning Department's recommendation regarding disposition of CITY - OWNED PROPERTY located on the west side of Wilson Avenue south of 22nd Street (subject parcel contains about 2,760 sq,ft. and was originally acquired for a sewer pump station which has since been abandoned; this parcel is proposed for conveyance to the Metropolitan Transit Develop- ment Board to be included as part of the development of a LIGHT RAIL TRANSIT STATION AND PARKING LOT FACILITY; the National City General Plan was amended in 1978 to add "Rapid Transit Station with Parking" on Wilson Avenue between 22nd and 24th Streets; the Planning Commission made a finding that the proposed disposition of City -owned property is in conformity with the General Plan) was presented. Mayor Morgan stated the City might be able to get more money out of the property if we con- demn it. City Engineer Hoffland stated the land has a value; CalTrans is providing the real estate services and they have a nominal value on the property and they are prepared to pay the city for it; if this item is approved, staff will come back with another item, provisions for transfer of title, Moved by Van Deventer, seconded by Camacho, we approve this. Carried by unanimous vote. .w PLANNING COMMISSION - NOTICES OF DECISION Item 20, Planning Commission Resolution No. 69-79, DENYING an application for ZONE VARIANCE to allow a reduction in the required 4-foot setback on 17th Street and on Harrison Avenue frontages to zero feet at 900 West 17th Street, Z-19-79; and, Item 21, Planning Commission Resolution No, 70-79, denying an application for CONDITIONAL USE PERMIT on the proposed use of property at 900 West 17th Street as an AUTOMOBILE IMPOUND AND STORAGE YARD. Plan. Dir. Gerschler stated these items have been appealed and the City Clerk has set them for public hearing on October 16th. Item 22, Planning Commission Resolution No. 71-79, approving an appli- cation fox ZONE VARIANCE to allow a SUBDIVISION which would create a lot with no street frontage and allow an existing pole mounted sign to remain which will constitute an off -premise sign on property located in the 700 block East 8th Street, south side. Ordered filed by unanimous vote. TRAFFIC SAFETY COMMITTEE Recommendations from the Trafic Safety Committee's meeting of September 12, 1979 (1) install red curb in the cul-de-sac of 12th Street, west of Harding Avenue; and (2) install left -turn refuge lanes on Palm Avenue at Plaza Blvd., with necessary red curb, were presented. Discussion. Moved by Van Deventer, seconded by Della, for approval. Carried by unanimous vote. CITY MANAGER CITY MANAGER MC CABE recommended Council hold .staff conference meetings at 6:00 p.m., October 9th and the first Tuesday of the month thereafter until further notice. Moved by Van .imiNe Tex, secoridadl by Camacho, so moved. Carried by maApimrlus vote. CITY ATTORNEY - No report. OMER STAFF - No report. '10/2`79 16 MAYOR MAYOR MORGAN spoke in regard to the swim club, they wanted to do the work on a building with City to help. Moved by Morgan, seconded by Camacho, we authorize staff to check this and bring back a report on what they want to do and what we want to do and the costs. Mayor Morgan stated this was relative to the Swim Club at the pool for the weight room. Carried by unanimous vote. Mayor Morgan asked the City Attorney for a report on whether a shut-off side yard could be called a front yard (Division and Euclid) and report by next meeting. City Attorney McLean stated he has spoken to the Planner regarding the matter and will return with a report. CITY COUNCIL C�i i'C1Lia"_it 17.TERS read a letter he received from Eileen Kerns, 3444 Tolas Court, regarding gate being left open on weekends and the lack of privacy and abuse suffered at the hands of school children using the pathway and suggested placing a "No Trespassing" sign posted on the gate and a barricade at the easement entrance at Tolas Court. Council- man Waters stated he believes the drainage ditch on 8th Street along Plaza Blvd. should be covered. Moved by Morgan, seconded by Van Deventer, we authorize the City Manager to see that this gate is closed on weekends and holidays. Councilman Van Deventer stated the cost on covering the ditch is prohibitive but there are a couple of spots that could be covered with a cross -walk wide enough for children and should be looked into by the City Engineer; another similar problem is occuring on Harbison between 5th and 8th; the children are walking in the street; the area should be looked into for possible curbing to keep the children out of the street. Mayor Morgan stated he would include in his motion that the Manager check as to whether walls should be raised on each side to give the people privacy. Included by second. City Engineer Hoffland stated he will report on a crossing on vertical wall channel in 8th Street and also a report on the possibility of sidewalks on Harbison between 5th and 8th on the west side. Motion carried by unanimous vote. Councilman Waters stated he has been studying the POLICE RETIREMENT issue for quite sometime; the City will be holding an election in April and the people have not had the opportunity to vote on the issue to decide the issue once and for all. Moved by Waters, seconded by Van Deventer, to put the police retirement issue on the ballot and let staff write up a straight and correct figure on what it will cost the taxpayers. Vice Mayor Dalla inquired what would appear on the ballot. Councilman Waters stated it would explain to the public that the police want 23 at 50 retirement and will explain each and every step of the retirement in detail and there won't be any mishmash about it; it will be straight right down the line just what it will cost and if the people vote the thing in Council has the responsibility to see that their wishes are carried out. Councilman Van Deventer stated Council will approve the wording of the issue. Carried by unanimous vote. Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:47 p.m. CITY CLEIfK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minuted were approved by the City Council of the City of National City, California at their regular meeting of October 9, 1979. EiCorrections Corrections CITY OF NATIONAL CITY, CALIFORNIA 10/2/79