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HomeMy WebLinkAbout1975 04-01 CC MIN253 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 1 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: Camacho,, Dallas Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier„ Campbell, Gerschler, Hoffland, McCabe, McLean. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with the pledge of allegiance to the flag led by City Manager Bourcier,, followed with invocation by Father Peter Bordas St. Maryts Catholic Church. APPROVAL OF MINUTES Moved by Dallas seconded by Pinson, the minutes of the regular meeting of March 25, .1975 be held over one week so that some thinmay bediscussed with.the Clerks Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "EARLY CHILDHOOD EDUCATION WEEK," April 6..12, 1975* Moved by Reid„ seconded by Dallas the Proclamation be adopted.. Carried by unanimous vote. Mayor Morgan presented the proclamation to Anne B. Riggs, Coordinator of Early Childhoods National School District. MAYOR'S APPOINTMENTS Mayor Morgan recommended the re.sappointment of Mr. Frank Perez to the Planning Commission. Moved by Pinson, seconded by Camachos in favor of the Mayor.'s,recommendation.. Carried by unanimous vote. ORAL COMMUNICATIONS None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be pre— sented to Council by title. only, Carried by unanimous vote. City Attorney McLean suggested Resolutions 11,745 and 11,746 listed on the agenda be passed over .in view of the fact that the recipients of those resolutions were not present. RESOLUTION NO. 11,744s "JOINT RESOLUTION OF THE CITY OF NATIONAL CITY, THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT STATING LOCAL POSITIONS ON THE PROPOSED FEDERAL WILDLIFE PRESERVE ASSOCIATED WITH THE SWEETWATER RIVER FLOOD CONTROL CHANNEL/ROUTE 54 CONSTRUCTION PROJECT." Moved by Pinson, seconded by Reid Resolution No. 11)744 be adopted. Carried by unanimous vote. 4/1/75 254 Resolution No, 11,745, "Resolution Commending Miss Carmen Perry, the Outgoing 'Miss National City' and San Diego County is 'Fairest of the Fair', was listed on the agenda and passed over because the recipient was not present, Resolution No. 11,746, "Resolution Commending Miss Gayel Sturgess, the Incoming 'Miss National City', was listed on the agenda and passed over because the recipient was not present. RESOLUTION NO, 11,747, 'RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z-7-74, to Reduce Required 25' Rear Yard Setback to 12' at 2608 E. 14th S tr eet.,Vely in E. Bill)." Moved by Reid, seconded by Pinson, Resolution 11,747 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,748, "RESOLUTION SUPPORTING THE CITY - COUNTY THOROUGHFARE ADVISORY COMMITTEE'S RECOMMENDED REVIS ION OF FEDERAL AID URBAN (FAU) PROGRAM - 1973-1976." Moved by Reid, seconded by Camacho,, Resolution No. 11.748 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances by title only. Carried by unanimous vote. Ordinance No. 4/1/75-1, "An Ordinance Establishing a Plan for a Setback on Palm Avenue between 4th Street Street," be read Specific and 18th ORDINANCE NO, 1460 (4 , s,., ), "AN URGENCY ORDINANCE PROVID• ING FOR HELICOPTER LANDING PERMITS." Moved by Camacho, seconded by Reid, Ordinance Now 1460 (4, 4-2) be adopted, Carried by unanimous vote. REPORT OF CITY ATTORNEY None, NEW BUSINESS Consent Calendar Items 11 through 15 were presented. (11) Memo from City Clerk attaching Notice of Hearing before the Public Utilities Commission in the matter of the application of CALIFORNIA-AMER ICAN WATER CO. to RAISE RATES in various districts, (12) Letter from Public Utilities Commission acknowledging receipt of communication PROTESTING APPLICATION OF PACIFIC TELEPHONE & TELEGRAPH CO. for an increase in certain rates and charges for telephone service. (13) Notice of Hearing before the Public Utilities Commission in the matter of applications by SAN DIEGO GAS & ELECTRIC CO., for authority to INCREASE RATES AND CHARGES FCR ELECTRIC SERVICE, NATURAL GAS SERVICE AND STEAM SERVICE (Applications 55403,E 55404 and 55405) . (14) Notice of Hearing before the Public Utilities Commission in the matter of application by SAN DIEGO GAS & ELECTRIC CO. for authority to INCREASE ITS FUEL COST ADJUSTMENT BILLING factor for electric service to offset increased fuel costs (Application 55506), (15) Notice from NATIONAL CITY RUBBISH SERVICE that they will not do business on Thanksgiving, Christmas and New Year's in the future. 411/75 255 Moved by Pinson, seconded by Camacho, that item 11...that we oppose the increase of the water rates. There was discussion., Carried by unanimous vote. City Attorney McLean said if Council would like they will make a report in a week or two on the possibility of spending a little money to resist the rate application. Moved by Pinson, seconded by Camacho, the rest of the consent calendar be filed. Ordered filed by unanimous vote. THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN was pre- sented, Ordered filed by unanimous vote. The request by City Treasurer/Finance Director for Council ratification of PAYMENT OF BILLS in the amount of $841364.19 was presented. Moved by Pinson,, seconded by Camacho, the bills be ratified. Carried, by the following vote, to -wit: Ayes: Camacho,, Dallas Pinson, Reid, Morgan. Nays: None. A communication from Planning Director Gerschler in regard to the GENERAL PLAN, Semi.Annual Progress Report, stating one of the seven recommendations that may need to be discussed is No. 7, items (a) thru (i); and City Manager's recommendation that staff be directed to proceed with work items as outlined in the memo from the Planning Director were presented. Planning Director Gerschler said each of these items was identified in the General Plan and was adopted; in reviewing the Plan we gave Council a report, a summary of everything that has been done so far; then, we picked out the items that we thought that were next in order (which would mean that within the next six months we would prepare reports or recommendations for their implementation); Item 7 (a) «. Residential Property Main- tenance,, ties in with the Block Grant Program; if the Block Grant Program is successful, it will call for money to be spent on residential property maintenance and will need guidelines and the implementation tools to make that possible; this anticipates that, it doesn't substitute it; Item 7 (b)i Street Tree Planting Program, there will be Budget proposals made this year to continue with that and there is on file a report that was done for the City Council a couple of years ago by the consultant which was never translated into an action program, so you can talk about that; it would get you ready for budget proposals; Item 7 (c) Human Relations Committee at City Hall, this would be a consolidation of some of the other committees we have, such asthe Senior Citizens, at least a coordination,, perhaps, of their efforts; at this point, we can only examine what a Human Relations Committee might be composed of and what it might do; it would then come back to the City Council much later and Council would decide what you want to do with it,if anything at all; all this does is authorize a study; Item 7 (d).» of the Citizens' AdvisoryCommittee, "West Side" Subcommittee ommittee, we have the Citizens Advisory Committee for Community Development functioning now and the General Plan calls for this West Side Committee to be included; what we will be doing here is making suggestions to the Council on different ways that this done; Item 7 you might select and get (e) � Joint Use of School Recreation Facili«• ties, the City has a partial policy on this now and the General Plan identifies some need for increasing that and here the staff will probably get together with the school district and develop ways of improving the policy; these would then come back in the form of recommendations and Council would act on them later in the year; Item 7 (f) - "Section 23" TypePP. c Housing Programs, this is a spin off of the Block GrantProgramand it would cover recommendations for applying for Type 8 housing programs outside of the Block Grant area if money becomes available; it could apply to a Housing Authority at the moment it doesn't do anything; nothing has been done; all - they ask is authorization to begin the study, make recommenda. tions; Item 7 (g) . Specific Architectural Plans for "West 4/1/75 256 Side" Industrial Developments, was talked about during the General Plan adoption; his department would prepare some suggestions on how this might be accomplished; they would not expect to have this ready until late in the year, probably not before budget for the next fiscal year; there has been no overlay started on this; they have not been able to touch this; he didn't think they would want to until Council had author- ized a project, it is a difficult question, a touchy question. There was discussion. Mr. Gerschler continued Item 7 (h) '°Heritage Square," will be one of the budgeted items Council may want to discuss; the General Plan suggests Council begin preliminary architectural sketch plans to get some idea of how the Heritage Square was going to be and approximately what Council is going to do with it; this one is tied into budget for this year; if it cannotbe done this year, it could be postponed until next year; if Council authorizes the work they are asking for tonight on the nine items, they will not start on them until Council has had budget sessions; Item 7 (i) .. Neighborhood Park Facility Guidelines, were talked about in several places in the General Plan; the City does have a Park Fund building up to acquire tot lots and neigborhood play- grounds, and so far there haven't been any plans done for those lots; there are a number of them on the General Plan; Council may be acquiring more lots within the next few years; what they would bring back on this is a joint report by several of the departments, including Park and Recreation, to give Council an idea of the types of activities, approximate costs, staging, and other ideas; the City Manager's recommendation underscores the fact that this is just authorization to pre.. pare recommendations for later action by the City Council. Moved by Pinson, seconded by Camacho, in favor of the City Manager's recommendation* Carried by unanimous vote. The City Manager's recommendation that CLAIM by DONALD EDWARD MITCHELL on behalf of Benjamin H. Mitchell be denied and referred to the City Attorney was presented. Moved by Camacha,,, seconded by Dana,, in favor of the City Manager's recommenda- tion. Carried by unanimous vote. Recommendations by the Street Tree Committee from their March 20, 1975 meeting were presented: (A) Approval of removal of dead Cocos Palm and denial of removal of healthy palm, requested by Mrs, Forbes, 515 E. 3rd Street; (B) Denial of removal of an oleander tree, requested by Mrs, Dorsay, 1009 E. 8th Street; and (C) City establish a street tree program which would enable a resident to obtain an approved street tree through the City and have the City plant it for $10 per tree, (one item for information only - was not presented, although attached to the g Agenda: Reaffirm previous action which indi.. cated that the establishment of a City tree nursery 3.s not financially feasible for this City) . Moved by Reid, seconded by Pinson, that A and B be approved and C referred to the City Manager. Carried by unanimous vote. A communication from the SWEETWATER WATER SYSTEM CORPORATION requesting approval of the appointment of STANDLEE N. McMAINS to the Sweetwater Water System Corporation Board at the regular meeting on June 20, 1975; and memo from the City Manager giving background information on the corporation were present ed. Moved by Reid, seconded by Pinson, that Mr. McMains be u approved for this ember. Carried by unanimous vote. 4,11/75 257 A communication from City Engineer Hoffland requesting approval of CHANGE ORDER 3 (Euclid Avenue from 22nd Street to Ridgeway Avenue to add grading, paving, curbs and sidewalks/Portion of 24th Street between Euclid Avenue and Lanoitan Avenue.J ): National Cityto pay approximately $4,000 of the total $10,000 increase; National School District to pay approximately $2,000; San Diego County to pay approximately $4,000; and letters from County Engineer, National School District and R. E, Hazard Contracting Co.. were presented. Moved by Pinson, seconded by Reid, in favor of the City Engineer's request for approval.. Carried by unanimous vote. REPORTS City Manager Bourcier stated he had no report. The Planning Department transmittal stating the Planning Commission recommended that the application be approved for DEFERRAL OF INSTALLATION OF CURB, GUTTER, SIDEWALK AND PERMA- NENT PAVING FOR ONE -.HALF the street width at the dead end of 5th Street, north side, west of "V" Avenue until the right- of -way is available (2000 block east 5th Street, EARLE & JEANNE RCVS); and that the City Engineer stated he would assist the applicants in ascertaining amount of cash bond to post prior to final acceptance of their building by the City, if street right»of•.way has not been secured by such time, was presented. Moved by Camacho, seconded by Reid, in favor of the Planning Commission's recommendation. Carried by unanimous_ vote* The Planning Department transmittal stating the Planning Commission recommended that LOCATION AND PLANS BE APPROVED for development of a single-family dwelling at 2305 RIDGEWAY DRIVE, subject to four conditions set forth in staff's report of March 5 (Duane and/or Dean Brown) was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commis- sign is recommendation, Carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended that application for DEFERRAL OF CURBS BE DENIED AND DEFERRAL OF SIDEWALK BE APPROVED FOR 2305 RIDGEWAY DRIVE (Duane and/or Dean Brown) was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. The Planning Department transmittal stating the Planning Commission recommended that APPLICATION BE APPROVED for limited commercial•.planned-development permit AUTHORIZING ON -SALE OF BEER AND WINE in conjunction with a bona fide public eating place at 1630 E. 8th Street subject to compliance with five conditions as set forth in Ordinance No. 1301 (WONG, MOK & CHUI) was presented.. Moved by Camacho, seconded by Pinson,, in favor of the Planning Commission's recommendation. There was discussion. City Manager Bourcier said the license is not before the Council tonight, this is only a planned development permit; when the license comes before the Council, there will be a report fran the Police Department_. Carried bythe following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. The Planning Department transmittal stating the Planning Commission recommended that they continue the matter of eaten. sion of INTERIM ZONING ORDINANCE 1453 (Rezoning certain real property from R.-4--PD Zone to R--1-S Zone; adopting as an interim zoning and urgency ordinance and rescinding Ordinance 1450) to October 6, 1975 and that Council extend Interim Ordinance 1453 was presented. City Clerk Campbell stated, as Council will recall, we asked that the hearing be set for April 22. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendatio_n,. Carried by the 4/1/75 258 following vote, to..wit : Ayes: Camacho, Dana, Pinson, Morgan. Nays; Reid. The Planning Department transmittal stating that the attached revised LOCAL GUIDELINES FOR ENVIRONMENTAL REVIEW be adopted; and Environmental Planner stated it is required that local guidelines adopted February 12, 1974 be amended no later than April 1, 1975, was presented. Moved by Pinson, seconded by Dana., in favor of the Planning Department's recommendation and the addenda distributed at re -Council meetin . (Amended motion). Carried by unanimous vote, The City Treasurer/Finance Director's FINANCIAL STATEMENT for month ending February 28, 1975 was presented. Ordered filed by unanimous vote. HEARING The CONTINUED HEARING on the proposed amendment to Section 1, Ordinance No. 808 (which prohibits the keeping of bees) to provide specific criteria and regulatory provisions for the KEEPING OF BEES (A-►1-74) was held at this time. Planning Director Gerschler said the Planning Commission recommended that Section 1, Ordinance No. 808, and Section 10.18.010 of the Municipal Code be amended as recommended by staff and the report by the Planning Department contained comments by County Apiary Inspector Morse who advised the City to leave the proposed ordinance as previously recommended by the Planning Commission and staff. R. MITCHELL BEAUCHAMP, 1625 "I" Street, was present and said he will accept the proposed ordinance as it stands, Moved by Pinson, seconded by Camacho, we accept the Planning Commission's recommendation and since wehave had the re orts from the Count Ins ctor it would be a good ordinance, and the public hearing be closed. Carried by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Reid. Nays: Morgan. COUNCIL, COMMUNICAT IONS Moved by Pinson, seconded by Reid, to refer to the City Manager's staff the sewer lateral clean --out; he had another complaint on it; it's not fair that a citizen should have to call a plumber, three times; that's too much on an individual citizen; there could be some type of compromise if the plumber who is called out at the citizen's expense and the Building Inspector can determine that it is a root problem and it is a City problem, then that should be sufficient rather than cost that citizen three plumbing bills; he would like to see that referred back to staff for more study; he knows it was caused by a State law change. Carried by unanimous vote. COUNCILMAN PINSON said first he would like to apologize for missing the meeting Friday; he was tied up an an EOC meeting and couldn't get away; and he would like to apologize for any embarrassment that he may have caused Mr,.. Gerschler; he would like to say that he did not direct, tell him or even request him to give a report on anything; he asked him, as long as he was going to review the recommended action for Friday, that he allow him (Mr. Pinson) to come in and he brief him that morning on some of the things that he might find out; so, in no way did he direct ham to do anything; he tries to do everything through the City Manager and if he did cause Mr. Gerschler any embarrassment he apologizes, Mr. Gerschler said any embarrassment he might have suffered he caused for h;mgelf. . 4/1/75 259 COUNCILMAN CAMACHO said he would like to comment in reference to the City's transit situation, with the acceptance of the CPO Plan; he was hoping the plan that the City of San Diego was presenting would be accepted; however, he would like to bring to Council's attention, in reference to the CFO that, to him, the CPO has been a kind of clearinghouse, has always done the research; he never at any time intended for it to be an entity in its own right where they would distribute the transit monies; he recommended the Council think about authorizing our representative to CPO that when the time comes to get a body to disburse the monies for transit, that the City of San Diego and the San Diego Transit Company be allowed to handle the funds and not the CPO; he does not believe and will not vote at any time to let the CPO handle any disburse- ments of funds for the transit system. Mr. Camacho said if it is wanted in a motion, he so moves. Councilman Pinson seconded the motion; due to the fact that this (CPO) was set up as a clearinghouse for any grants; the CPO should be left to that; if they have to get into other areas, CPO should be disbanded; he would suggest withdrawing from CPO if it comes to the place where they are going to be dictating or even making any kind of policy decision for land use, planning, transportation, or any other thing other than a clearinghouse for which they were originally designed to be; if they have to handle any monies in any way, he will, at a later time, make a motion that we resign from CFO:, Councilman Reid said we might as well drop out; that would be his advice; last month this came up for handling this money by San Diego and you have two cities to go with it, Imperial Beach and National City, and they are not going to change; he is just putting it to Council straight; you might as well make your motion and get your three votes and drop out of CPO and there is still going to be a CPO.. Mayor Morgan said he doesn't think Council should get carried away about dropping out of CPO; all monies that are approved for Federal grants have to come through the CPO; that is set up under Federal statute and we should stay in there; we may not like some of the things they do, but he sees no other way out. There was discussion. Vice Mayor Dalla said he is not in the position to speak for or against it at this time, but would like to make a comment or two; he thinks the recommendations or amendments San Diego proposed that we went along with referred to a body composed of the cities of the South Bay; the major question was transit and one of the major policy decisions to be made is who is going to run it, who is going to receive the money; it is his impression that if some sort of body were set up in the South Bay or other part of the County, that that particular body would be the recipient; maybe San Diego would be the lead agency, but they would be the recipient of the money. Councilman Camacho said that is what he would like to see; San Diego be the lead agency and the bulk of the transit system is going to be in San Diego. Vice Mayor Dalla said in the motion he is not suxe if Council would be cutting off their options and saying that we are going to have San Diego do it and if there is in fact some sort of agency created later on with San Diego controlling the money anyway.. .Councilman Camacho said we know that we can appoint a man that has a voice in this group, it may be any member here, but we will have it -- a voice in it. Vice Mayor Dalla said in other words the discussion and consultation over thisbas a long way to go yet and we have no idea yet what this group or body is going to be composed of and, in fact, whether we want it or will have a representative on it; that the State of California could come up with something or there could be some other decision and we may in fact not have a representative yet we may favor saying San Diego being the lead agency, Councilman Pinson said he thinks that is one of the points; we don't want the State of California telling us how to run our transit system; we don't want the County,, the Federal Government; we definitely don't want CPO; that is the big thing, CPO has no right to 4/1/75 260 receive this money and spend it as they see fit; he doesn't care if we have 14 agencies getting together and saying this is the way the transit system is going to be; if National City doesn't like it they will have to move the thing around our perimeter because they can't come through us„ and that's the way he looks at it; we should control our own destiny and if we can't get these five cities together in the South Bay saying these five Mayors , or whoever these representatives are, in the south San Diego county area, this is the way this transit system is going to be, that is the reason we should get out of CPO because we should not allow them to dictate to us on how we are going to spend our money; we have people in Escondido and Oceanside voting how we are going to run the transit system in the South Bay and they are not going to be taxed for it., Councilman Reid asked the Mayor about a year ago about two people being appointed to watch the transporta- tion and if necessary go to Sacramento and keep on the top of it ....he made the motion that the Mayor Morgan and Don McLean...Mayor P•'brgan said he remembered. There was further discussion. Mayor Morgan said it is time that we let people know where we stand on it because they will be processing this through the State and if we have something and agreed where there are enough votes they will put us in, the five cities, in the driver's seat on this thing; we can go to the State and say we have this thing set up and change this bill; after that bill is passed, it's too late and they are working on that right now. Councilman Camacho said Escondido abstained their three votes; maybe if La mesa knows how National City really feels they may change their three votes; we, aq entities throughout the South Bay, should let the people know exactly how we feel about this situation and this would give them something to think about; this is what he is getting at; he has been here for eight years and, for eight years we have been talking about transit and we haven't done a thing; maybe we can stir up a little something. Vice Mayor Dalla said if Council has waited eight years to get something going, one week wouldn't hurt. Councilman Camacho said he wants Council to think about it* Moved by Dallas seconded by Camacho,, we table this for one week. Carried by the following vote, to»wit: Ayes: Camacho, Dallas Reid, Morgan. Nays: Pinson. Mayor Morgan called an Executive Session on legal matters at 8:22 p.m. The meeting reconvened at 8:36 p.m. ROLL CALL Council members present: Camacho, Dallas Pinson, Reid, Morgan. Absent: None. Moved by Pinson, seconded by Camacho, the meeting be closed* Carried by unanimous vote. The meeting closed at 8:37 p.m. City erk City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the special meeting of April 8, 1975. No corrections ections as noted below Mayor, C/fP,k (/' ity of l t ional City, California