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HomeMy WebLinkAbout1975 02-04 CC MIN178 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, OF THE CITY OF NATIONAL CITY, CALIFORNIA February 4, 1975 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: Dalla, Pinson, Reid, Morgan. Absent: Camacho. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Bourcier followed with invocation by Dr. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the regular meeting of January 28, 1975 be approved. Carried by unanimous vote. Absent: C amacho . PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the appointment of Glenn T. Trowbridge to the Youth Development Program Youth Council, Economic Opportunity Commission. Moved by Reid, seconded by Pinson, in favor of the Mayor's recommendation. Carried by unanimous vote. Absent: Camacho. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Reid, seconded by Dalla, these resolutions be presented to Council by title only. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,676, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO CAUSE A CENSUS TO BE TAKEN OF THE CITY OF NATIONAL CITY IN THE YEAR 1975 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE TAKING OF A 1975 CENSUS." Moved by Reid, seconded by Pinson, Resolution No. 11,676 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,677, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Pedestrian Easement adjacent to Highland Avenue at 19th Street)." Moved by Dalla, seconded by Reid, Resolution No. 11,677 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,678, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF SWEETWATER ROAD AND PROSPECT STREET EXTENSION, SOUTH OF SWEETWATER ROAD (Arevalo & Safino, Inc.)." Moved by Pinson, seconded by Reid, Resolution No. 11,678 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,679, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF 15TH STREET FROM THE WESTERLY LINE OF MCKINLEY AVENUE, WEST A DISTANCE OF 125 FEET (Industrial Sales, Handy Metalmart)." Moved by Reid, seconded by Pinson, Resolution No. 11,679 be adopted. Carried by unanimous vote. Absent: Camacho. 2/4/75 179 RESOLUTION NO. 11,680, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Material Sales, Inc.)." Moved by Dalla, seconded by Reid, Resolution No. 11,680 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,681, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-9-74, 3710 Stockman Street, Gilbert E. Bivens)." Moved by Pinson, seconded by Reid, Resolution No. 11=681 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,682, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 22ND STREET FROM THE WESTERLY LINE OF WILSON AVENUE, WEST A DISTANCE OF 135 FEET." Moved by Reid, seconded by Pinson, Resolution No. 11,682 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,683, "RESOLUTION COMMITTING THE ENGINEERING DEPART- MENT OF THE CITY OF NATIONAL CITY TO AN AFFIRMATIVE ACTION PROGRAM." Moved by Reid, seconded by Dalla, Resolution No. 11083 be adopted. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,684, "RESOLUTION EXEMPTING REQUIREMENTS FOR INSTAL- LATION OF PERMANENT PAVING FOR ONE-HALF THE STREET WIDTH AT 1234 EAST 18TH STREET (Wright)." Moved by Pinson, seconded by Reid, Resolution No. 11,684 be adopted. There was discussion. Carried by the following vote, to -wit: Ayes: Pinson, Reid, Morgan. Nays: Dalla. Abstaining: None. Absent: Camacho. RESOLUTION NO. 11,685, "RESOLUTION OF AWARD OF CONTRACT (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Dalla, seconded by Reid, Resolution No. 11685 be adopted. There was discussion. Carried by unanimous vote. Absent: Camacho. RESOLUTION NO. 11,686, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE NINETEENTH STREET, FROM THE WESTERLY LINE OF NATIONAL AVENUE TO THE EASTERLY LINE OF ROOSEVELLT AVENUE." Moved by Reid, seconded by Pinson, Resolution No. 11,686 be adopted. Carried by unanimous vote. Absent: Camacho. REPORT OF CITY ATTORNEY City Attorney McLean said the matter of the cancellation or contin- uance of FREEWAY 252 will be before the City Council of the City of San Diego at 10:00 a.m. on Thursday; the staff has prepared a presentation (on behalf of the City Council's position that the freeway should be constructed) which will be made at that time. Councilman Pinson asked if the County took a stand in this regard? City Attorney McLean said he could not answer that question. City Engineer Hoffland said he does not know of a stand they have taken; Chula Vista is supporting this. City Attorney McLean said and Caltrans. NEW BUSINESS CONSENT CALENDAR (Item 12), Assemblyman Deddeh's letter stating he instructed the Chief Counsel of the Committee on Education to look into the complaint (regarding a law delineating who can use PRESCHOOL SERVICES run by a public school district) by Mr. Peltier to determine if some kind of legislation is needed to correct the problem was presented. Ordered filed by unanimous vote. Absent: Camacho. The Parks and Recreation Director's memo listing action taken by STREET TREE AND PARKWAY COMMITTEE (Item 13) at 1/16/75 meeting was presented. Mayor Morgan said he would like this item held over; he would like to find out if there is a policy whereby when a tree is removed by the City it is replaced and the replacement is arranged 2/4/75 180 prior to the removal of the tree. Councilman Reid said San Diego Gas and Electric's policy is when they remove a tree that interfers with any line, they do it at their expense and they turn over the price of two trees; some of these people in National City cannot pay the charge of $90 to $100 for a 20-minute call on a weekend or holiday for a plumber to determine whether or not it is the City's responsibility; the people are beginning to want all their trees out and we want to save trees; that is why the Park and Street Tree Committee are getting so many calls; never before has this City worked that way; he feels it is a hardship, and he agrees with the letter. Mayor Morgan said this is just conforming with the State law. City Manager Bourcier said this is in regard to Item 14; yes, the City is just complying with the State law and the 1974 plumbing code. Councilman Reid asked for a copy. Mayor Morgan said he would like to hold these. Moved by Morgan, seconded by Dalla, to put this Item 13 on the agenda next week with a report from the City Manager. Carried by unanimous vote. Absent: Camacho. A memo from the STREET TREE AND PARKWAY COMMITTEE Chairman relative to City policy regarding PLUMBING CODE and attaching a proposed policy relating to stoppages in sewer laterals (Item 14) was presented. Mayor Morgan asked for a motion to file this item and the City Manager will report to Mr. Reid. Ordered filed by unanimous vote. Absent: Camacho. There was discussion. City Manager Bourcier said the City Manager wrote the Council a memo in July 1974 stating this would save approximately $36,000; he did not know how many manhours this would break down into; he did not have those figures (on how many times the City was responsible for sewer blockage). There was further discussion. City Manager Bourcier said he does not know if the Public Works Department is consulted by the Parks and Recreation Department on this (tree root blockage of sewer); he will have to investigate it during the week and report at the next Council meeting. The request by the City Treasurer/Finance Director for ratification of payment of BILLS in the amount of $47,910.79 was presented. Moved by Pinson, seconded by Reid, the bills be ratified. Carried by the following vote, to -wit: Ayes: Dalla, Pinson, Reid, Morgan. Nays: None. Absent: Camacho. A request by the CITY OF HOPE to conduct annual SOLICITATION for funds on June 8, 1975 and the License Collector's recommendation the request be granted were presented. Moved by Reid, seconded by Pinson, that this be approved. Carried by unanimous vote. Absent: Camacho. A request by the BOY SCOUTS OF AMERICA. to use Kimball Center Annex and kitchen on March 9, 1975, 8:00 a.m. to 12:30 p.m. and Parks and Recreation Director's recommendation the request be granted were pre- sented. Moved by Pinson, seconded by Reid, in favor of this request. Carried by unanimous vote. Absent: Camacho. The City Engineer's recommendation that work on CATHODIC PROTECTION of underground tanks and equipment at PUBLIC WORKS CENTER be approved and authorization be given to execute contract with Arrow Electric Company was presented. Moved by Pinson, seconded by Reid, in favor of the Engineer's recommendation. Councilman Pinson asked the City Engineer if he anticipates any more added costs to the Public Works Center. City Manager Bourcier said yes, he anticipates additional costs for furnishings in the building; no more costs are anticipated in the construction of the building itself. Councilman Dalla asked if this cathodic situation must be maintained; will there be an annual cost to maintain this. City Engineer Hoffland said yes, this is a barrier of sacrificial metal and the acidic soil attacks this metal rather than the tanks; every so often it has to be replaced; there is some cost involved but it is a minor cost compared to re- placing the tanks; the consultant estimated the tanks would last in the ground only one year if the work is not done. Carried by the following vote, to -wit: Ayes: Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Absent: Camacho. 2/4/75 181 The City Engineer's recommendation that CASA DE SALUD contract be executed on February 24, 1975 with GEORGE TAYLOR CONSTRUCTION COMPANY was presented. City Manager Bourcier recommended this be carried over two weeks. Moved by Pinson, seconded by Reid, in favor of the Manager's recommendation. Mayor Morgan asked the City Manager to check the Public Works and all the money going out from Revenue Sharing Fund and see how the City stands in this regard. Carried by unanimous vote. Absent: Camacho. REPORTS CITY MANAGER BOURCIER redrided the Council a meeting has been scheduled at 4:00 p.m., Monday, February 24, with CPO to discuss transit matters. CITY MANAGER BOURCIER announced that DIVISION STREET east of Palm should be open for traffic by March 15. Councilman Pinson asked the status of 1-805. City Engineer Hoffland said July 15 there are supposed to be three contracts open; that should complete it; the contracts should be complete for open traffic; there may be some ramps that are not completed but it will be open for through traffic. CITY MANAGER BOURCER reported receipt of a letter from the District Attorney stating they have contacted Fed Mart and Fed Mart states they will no longer sell the book in question. The Planning Department transmittal regarding the Planning Commission recommendation that application (Z-5-74) be approved for VARIANCE to reduce required 25-ft. rear yard setback to 15' at 1041 East 30th Street (HOWARD AND DARLENE LEE) and stating a transmittal of this case will be attached to the February 25, 1974 agenda was presented. Ordered filed by unanimous vote Absent: Camacho. Ft/ Mayor Morgan ordered Items/22 and 23, requiring no Council action, be taken together. Planning Director Gerschler vid both of these items will be back on Council agenda February 25. [Item 22. Planning Department transmittal stating the Planning Commission recommended that application (Z-10-74) be approved for ZONE VARIANCE to allow a temporary sign containing 192 sq. ft. in lieu of 50 sq. ft. maximum allowed by ordinance, within the E. J. CHRISTMAN BUSINESS AND INDUS- TRIAL PARK, subject to the sign and installation being in compliance with all city codes and ordinances and its removal prior to final inspection of project (Collins Development Company); and a trans- mittal of this case will be attached to the February 25, 1975 Council agenda. Item 23. Planning Department transmittal stating the Planning Commission recommended that application (Z-1-75) be denied for VARIANCE to reduce the required 4-ft. setback to 0-ft. at 2200 Tidelands Avenue (National Steel and Shipbuilding Company) and a transmittal of this case will be attached to the February 25, 1975 Council agenda.] Planning Director Gerschler said an appeal was received and there will be a public hearing on Item 23 on February 25. Items 22 and 23 ordered filed by unanimous vote. Absent: Camacho. There was a gentleman in the audience prepared to speak on Item 23. Mayor Morgan said this is being set for public hearing on February 25, 7:45 p.m. in these same chambers and advised the gentleman he could speak at that time. The Planning Department transmittal stating the Planning Commission recommended that TENTATIVE PARCEL MAP (lot split) for property between 2nd and 3rd Streets, west of Laurel Avenue be approved subject to three listed conditions (PROGRESS CONSTRUCTION) was presented. Moved by Pinson, seconded by Reid, in favor of the Planning Commission's recommendation. Carried by unanimous vote. Absent: Camacho. 2/4/75 *Item 21. Rmliiendation by Planning Commission that application (Z-6-74) be denied for variance from requirement for paving, set- back and landscaping of off-street parking lot, within the 400 block, west 13th Street, north side (Mac's Transfer). Transmittal of this case will be attached to the 2/25/75 agenda. 182 Planning Department transmittal stating the Planning Commission recommended the application of BRADSTON RATTAN COMPANY for EXEMPTION FROM INSTALLATION OF SIDEWALK at 131 West 33rd Street be denied was presented. Moved by Pinson, seconded by Reid, against the recommen- dation by the Planning Commission. There was discussion. Motion and second withdrawn. City Engineer Hoffland said they can delineate the areas that the future 54 would interfere with; Planning Director Gerschler has been handling the landscaping requirements; he recom- mended Council have the landscape option studied by the Planning staff. Moved by Pinson, seconded by Reid, the Staff study this and bring it back with a recommendation on possible landscaping, perhaps some paths on each side of the driveway. Planning Director Gerschler said the City Council has the authority to waive, modify, defer or exempt ...whatever is felt to be necessary. Carried by unanimous vote. Absent: Camacho. The Planning Department transmittal regarding the Planning Commission recommendation the application for DEFERRAL OF INSTALLATION OF CURB, GUTTER AND SIDEWALK at 1230 "L" Avenue (ANTHONY POOLS) be denied was presented. Moved by Pinson, seconded by Reid, in favor of the Plan- ninQ Commission's recommendation. Carried by unanimous vote. Absent: Camacho. Planning Director Gerschler said the next item (recommendation by Planning staff that Council adopt a resolution of intent to vacate 19th Street between National and Roosevelt Avenues, as shown on City of National City Engineering Drawing No. 681 SC-D, setting a public hearing date, and the Planning Commission recommendation considered at that time) was handled earlier in the Agenda under Adoption of Resolutions, Resolution No. 11,686 (Page 179, Paragraph 7). Ordered filed by unanimous vote. Absent: Camacho. The Planning Director's report stating, at the present time, National City has no regulations for CONTROLLING PARKING LOT MAINTENANCE and traffic hazard problems was presented. Moved by Morgan, seconded by Reid, this item be filed. Motion tied and failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Dalla, Pinson. Absent: Camacho. Moved by Pinson, seconded by Dalla, this item come back on the agenda next week. Carried by unanimous vote. Absent: Camacho. Recommendations by Planning staff regarding NATIONAL CENTER SUBDIVI- SION MAP: (a) Council grant a time extension of one year in the expiration of subject map to expire on November 12, 1975 instead of the two years requested and (b) Council consent to change of name of subject subdivision from National Center to SOUTH BAY TOWN AND COUNTRY SHOPPING CENTER was presented. Moved by Pinson, seconded by Reid, in favor of the Planning Staff's recommendations. Carried by unanimous vote. Absent: Camacho. COUNCIL COMMUNICATIONS COUNCILMAN REID asked City Manager Bourcier regarding the CETA pro- gram if the City receives money to bring those people into the organization, pay their retirement, and everything or does that come out of the City's funds? City Manager Bourcier said it is totally funded separately; it does not come out of the City's budget; this includes the fringe benefits. COUNCILMAN DALLA asked City Manager Bourcier about his proposal regarding fire hydrant location which was referred to the City Manager for a report on the cost November 26. City Manager Bourcier said he would have this report within two weeks. COUNCILMAN DALLA said, to the City Attorney, the City is required to advertise various public notices in one of two ways; one is by post- ing in three public places and the other is to publish it in a paper of general circulation; is it one or the other or both? City Attorney McLean said it depends on which statue you are looking at; the City '2/4/75 183 publishes notices for a variety of reasons; sometimes notices are published in accordance with the requirements of the State Planning Act; sometimes it is the 1911 Assessment Act; sometimes it is a City ordinance; to some extent, it depends on the reason why it is being published; typically, in a 1911 Act you publish notice in any news- paper of general circulation in the community; if there is not such a newspaper, you can give notice by posting in certain designated public places; this is true of street closings whereby signs are posted to telephone poles giving notice. City Attorney McLean said in the case of the local newspaper, they sought a judicial declara- tion that they were a newspaper of general circulation; in the absence of such a court determination, he, the Attorney, would make the decision as to whether or not they are qualified in that particu- lar statutory requirement; there are two papers in National City of general circulation, the Star News and the Union Tribune. COUNCILMAN DALLA said tonight Council considered under Items 25 and 26 questions of deferrals of installation of curb, gutter and side- walk; he would like Council to know that he feels; in more than one instance Council has considered requests by large businesses for deferrals for one reason or another and has either deferred it or substituted landscaping; on the other hand, as in Item 26, where it refers to single family property owners, the ordinance has been followed to the letter; if Council is going to start deferring these things and trying to find ways to allow the businesses to landscape as opposed to installing the curb, gutter and sidewalk, Council should consider modifying the ordinance rather than seemingly trying to work around it. There was discussion. Moved by Reid, seconded by Pinson, the meeting be closed. Carried by unanimous vote. Absent: Camacho. The meeting closed at 8:06 p.m. City 4erk City. of National ity, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of February 11, 1975.. 0 No corrections 0 Corrections as noted below Mayor, City lional City, California Paragraph 6, Page 181 reads, "Mayor Morgan ordered Items 22 and 23, requiring no Council action, taken together..." This should have read, "...Items 21, 22, and 23..." 2/4/75