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HomeMy WebLinkAbout1975 07-01 CC MIN88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 1, 1975 The regular meeting of the City Council of the City of National City was called to order at 7:33 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. APPROVAL, OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of June 24, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS -- None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, the resolutions be presented by title only... Carried by unanimous vote. RESOLUTION NO. 11,813, "A RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY CHAMBER OF COMMERCE." Moved by Pinson, seconded by Camacho, Resolution No. 11,813 be adopted. Carried by the following vote, to - wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. RESOLUTION NO, 11,814, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FIL- ING OF NOTICE OF COMPLETION (Euclid Avenue, 22nd Street to Ridgeway Drive, Specification No. 798)." Moved by Reid, seconded by Camacho, Resolution No. 11,814 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,815, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A SPECIFIC PLAN TO ESTABLISH A MINIMUM 25' BUILDING SETBACK FROM THE STREET RIGHT-OF-WAY ALONG THE EASTERLY SIDE OF PALM AVENUE BETWEEN DIVISION AND 4TH STREET." Moved by Pinson, seconded by Dalla, Resolution No 11,815 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCE Moved by Camacho, seconded by Reid, this ordinance for first read c be by title only. Carried by unanimous vote. Ordinance No. 7/1/75-1, "An Ordinance Establishing a Specific Plan for a Setback on Palm Avenue Between Division Street and 4th Street." REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN reported receipt ofa Notice stating the Atchison, its & Santa Fe Railway is continuing effort to close the Nation- al City freight agency; unless there is a change of intention on the part of the City Council, we will continue to resist that change of service status. Moved by Pinson, seconded by Camacho, we proceed in our resistance. Carried by unanimous vote. CITY ATTORNEY McLEAN keparted in regard to the City's condemnation of the California -American Water Company, we have been served with inter- vention briefs on behalf of the California-AmericanWater Company by 7/1/75 89 Citizens' Utility Company (a utility enterprise operating in central and northern California) and the Pacific Gas and Electric Company (a utility enterprise also operating in central and northern California). The City Attorney reported in regard to the litigation concerning the Bonita Project, briefs on behalf of the Attorney General and the Sweet- water Valley Civic Association were filed on Monday of this week. NEW BUSINESS CONSENT CALENDAR (Items Nos. 8 and 9) were presented. 8. Communication from City Clerk Campbell advising that the City Mana- ger filed Form 720 (Statement of Economic Interests - Government Code Section 87202) on January 29, 1975. 9. Report from City Clerk Campbell stating no bids were received for grading, Phase II and III, Las Palmas Park. City Clerk Campbell stated the Certificate of Publication was on file. The City Attorney said in the absence of bids, the City could go to bid again or order the work done by City crews. Mention was made of an offer that was received. Ordered filed by unanimous vote. LEAGUE OF CALIFORNIA CITIES LEGISLATIVE SPECIAL BULLETIN dated June 24, 1975 was presented. Ordered filed by unanimous vote. A communication from has no objections to between Alpha Street seconded by Reid, tion and that we ask by unanimous vote. the Public Works Director stating his Department maintaining the proposed bike path along 1-805 and 4th Street was presented. Moved by Pinson, in favor of the Public Works Director's recommends - the State too ahead and put that in. Carried A communication from City Manager Bourcier recommending the CLAIM of PATRICIA J. PRATTE against the City be denied and referred to the City Attorney was presented. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendation. Carried by unanimous vote. A communication from City Manager Bourcier recommending CLAIM of MlARCE- LINE D. MATLOCK against the City be denied and referred to the City Attorney was presented. Moved by Reid, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from the PARK AND RECREATION ADVISORY BOARD stating at their June 12,'1975 meeting it was recommended that an ORDINANCE be passed which would help eliminate VANDALISM was presented. Ordered filed by unanimous vote. City Manager Bourcier stated he would send the Board a letter explaining the reason for filing this. A communication from the STREET TREE AND PARKWAY Committee requesting retification of their approval of the REMOVAL OF ONE PEPPER tree (as requested by Mr. Gene Anderson, 2510 "J" Avenue), from the parkway without a replacement being required was presented. Moved by Reid, seconded by Camacho, this be granted. Carried byunanimous vote. REPORTS CITY MANAGER None. A Planning Department transmittal stating the Planning Commission re- commended EXEMPTIONS be approved for installation of PERMANENT PAVING of one-half street width at 2330 CLEVELAND AVENUE and full width ALLEY PAVING at 2330 and 2300 Cleveland Avenue (Coastal Rigging) was presen- ted. Planning Director Gerschler stated the Planning Commission recommended the deferral be granted on the alley side to allow place- ment of loose gravel along the railroad tracks and the signing of a Covenant and the Planning Commission recommend exemption on the Cleveland Avenue frontage. There was discussion. Moved by Morgan, seconded by Reid, the recommendation of the Planning Commission be approved. There was discussion. Carried, by the following, vote: 7/1/75 90 Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. There was discu- ssion concerning a policy in regard to exemptions or deferrals of street improvements on "Select StreetsP Moved by Pinson, seconded by Dalia, all...even the Select (Street) System be put in there (proposed suaillasel and it will come before Council. Carried by unanimous vote. A Planning Department transmittal stating the Planning Commission re- commended DEFERRAL, of installation of CURB, GUTTER, SIDEWALK, and one-half street width PERMANENT PAVING on 17th Street at 3033 East 18 Street be approved, subject to signing Covenant -Running -with -the -Land and not to protest a 1911 Act Improvement, in lieu of $2,000 deposit (J. H. & R. E. Files) was presented. Planning Director Gerschler said the City Engineer and the Planning Commission recommended the deferral subject to the posting of bond and filing of a Covenant. There was discussion concerning deferrals subject to deposits, bonds and Cove- nants and whether or not the cost of a future street improvement would exceed a deposit or bond, the amount of, which was set today. The City Attorney stated when the City decided the street improvements had to be made, the actual cost of the construction would be paid by the property owner, not the City. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. A Planning Department transmittal stating the Planning Staff recommend- ed that Council adopt a resolution of intent to vacate a portion of Paradise Drive between 14th Street and Plaza Boulevard as shown on National City Engineering drawings Nos. 593-P and 690-B, setting a public hearing date, and Planning Commission recommendation (June 23, 1975), to be taken into consideration at the time of the hearing was presented. Moved by Pinson, seconded by Reid, to set a public hearing. Carried by unanimous vote. HEARING The ASSESSMENT HEARING, Assessment District No. 182 (La Siesta Way from 18Street to 20 Street) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Hearing were on file and that no written protests had been received. Mrs. Chesterine Koruga, 1921 La Siesta Way, presented a written protest to the City Clerk. The letter was read in full: "Chesterine Koruga, 1921 La Siesta Way. I Chesterine Koruga am very disgusted with my driveway. I cannot see over my windshield to get into my driveway, it is so steep. I called City Hall, Engineers and Mr. Morgan about it and all I received was they swept my driveway off. Mr. Hoffland came here to inspect it in a heavy car and he's tall amd I'm short with a '65 Corvair with the mote in back, my tail pipe was scraping the end of the driveway. I have a gas meter on the right and about 1 foot ex;,. tending on the driveway. If I can't see over my hood how do I try to miss the meter? I work the night shift and am too tired to fight that stupid driveway. During the process after the chopping off my good driveway, the rains came (mother nature) and I had to put plastic bags on my shoes so they wouldn't be muddy when I went to work. Mr. Morgan, when I called him about it. He said to me by phone, the City put the boards in my driveway and I corrected him because I did it myself. I took the boards from my back patio. With that steep hill, I have to carry my trash cans down the hill and when it was so muddy that was worse yet. When the sand was on the driveway it was very slippery. Finally Mr, Fred Baker came here to my home and inspected it he left his card because I was/not at home dated 6/5/75 saying he would have the contractors sweep the sand off and they did (2) two weeks later. I had a good thick strong 3" to 5" thick (driveway) but now there are gladiolas coming through the asphalt, now you can laugh but I'm serious. and that is very ridiculous. Imagine gladiolas in my asphalt driveway, huh?? It is true. Chesterine Koruga, July 1, 1975." ROBERT ONLEY, Assessment Engineer for the City was present and said the map on the wall represents Assessment District 182, La Siesta Way, 18th to 20th Street; the boundary of the district is indicated by a heavy black line; the improvement consisted mainly of excavation, driveways, sidewalk, crashed -rock base, AC paving and miscellaneous items to complete the 7/1/75 91 work; the total incidental expenses was $7,453.00, the contract cost was $25,975.31, total cost $33,428.31; the City contribution is $12,840.12 leaving $20,588,19 to be assessed; the circled numbers (on the map) indicate the assessments within this Assessment District 182; t posed assessment is indicated on the mapbyhe prtated o- posed had looked at each parcel or lot and hadetermined rthatlthesparcels e benefit from the improvements; he assessed upon the district the said costs, upon the several lots or parcels benefited thereby in proportion to the estimated benefits received by each of said parcels or lots. Mr. Onley said he had inspected each of the properties and he had considered the benefit each property received in comparison to the cost of construction of public improvement; the cost of the construction of the public improvement had been assessed against each property to reflect the benefit received by these properties from the public improve- ment. City Attorney McLean asked Mr. Onley if be had a chance to consider the protest just delivered to the City Clerk. Mr. Onley said no, he had not. ROBERT ORTIZ, 1908 La Siesta Way, delivered a protest to City Clerk Campbell, which was read in full: "Robert Ortiz, 1908 La Siesta Way. I am having trouble getting in and out of the driveway due to the fact that the driveway was built up about 3 feet just before getting into the street. My car keeps loosing the muffler everytime I come in, Mayor Morgan asked that the two properties be located on the map. Mr. Onley stated Mr. Ortiz is Assessment No. 4 and Assessment No. 15 is Mrs. Koruga; No. 15 is on the east side of the street and No. 4 is on the west side of the street; the ground rises on the east side of the street and curves away from the street on the west side. CHESTERINE KORUGA, 1921 La Siesta Way, was present and said she talked to Kile Morgan a couple of times and Mr. Hoffland; she also talked to Mr. Baker; he came today and he dug out my gladiolus coming out of my asphalt, he did, I have pictures of it if you want to see them; I go up the hill and I can't see over it; I have a gas meter on this side (indicating to the right); I can't even go up that way; either I go against my wall or against the gas meter; if you have seen the hill, you should see what it looks like; I had a nice driveway about 3" thick of asphalt, now you guys got 2" and little less than 21; there. is no way I can get up there; you swept off my driveway; Mr. Hoffland said that; no way; and I'm not paying $1,273.11 (you insult me by putting that 110 on the end of it); I just cannot go in and out of my driveway; I force myself up there, but I can't do it; my Corvair goes up the hill and that's it; I'm short, I can't see over my hood, so what am I going to do, hit my gas or hit my wall? I have a '65 Corvair and my motor goes downhill; what am I supposedto do? are you going to pay me myfor tail going to payme, but pipe? you're not you better staighten it out. There was discussion. City Engineer Hoffland said this particular driveway is on the high side of the street; we have high property on the east side and low property on the west side; in order to get a grade for the street that will accommodate both sides, the east side is going to be higher than the street and the west side will be lower than the street; so, we worked out driveways to accommodate a rather heavy long car in each case; in some...in two driveways they are very steep; Mrs. Koruga's driveway was designed with about another 6 or 8" of cut about mid -way through the driveand at the time we staked it, Mrs. Koruga objected that we were cutting more than was necessary; so, after that, we re- vised the grade so it would just pass her car through it and it passed my car which is the same model and year and he thoughtit was all right. Mrs. Koruga said his car was down; his car didn't even go up the drive- way; your car was in the driveway. Mr. Hoffland said, on Mrs. Koruga's request, we revised the grade to just pass her car; he was not aware that it was dragging her tailpipe however. There was further discussion. Mrs. Koruga distributed pictures taken July 1, 1975 of the gladiolus coming through the asphalt. ROBERT ORTIZ, 1908 La Siesta Way, was present and said like he stated in his letter he is having a lot of trouble getting in and out of that because of the hump that he (Mr. Hoffland) is probably familiar with it; he cannot drive out of there slow as he leaves down at the bottom; you have to get up speed in order to get out with speed on the street and there might be a car coming down the street; before it was all right before they built it up about 3 feet; he has a '64 Chevy and that thing...boom...drops right in the middle. There was further discussion. City Attorney McLean advised continuing the hearing to the next regular meeting. Moved by Camacho, seconded by Reid, we continue this hearing to the next regular meeting at 7:45 p.m. Carried by unanimous vote. Mayor Morgan 7/1/75 92 said this will be taken up at 7:45 p.m. next Tuesday at the regular Council meeting. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he mentioned last week and hoped the City Mana- ger is paying attention to it.;, he sees in the paper we got a 37.7% (increase in) assessed valuation and he hopes the Manager is consider- ing a tax cut for the citizens of National City this year. COUNCILMAN REID said if we have,little wind -fall (and no one likes to see taxes reduced more than he does), he doesn't feel it is the time now that we have a budget set up. COUNCILMAN REID said he has a couple of items he would like to turn over to the City Manager; he had two different calls and there are some peo- ple still very unhappy about this...paying this plumber's call to come down and check out to see what is wrong; he has a lot of different dates that people have given him and if we are going to do this, he would like some good service for people that really need it; and we will send out people...he doesn't care if it is a weekend or a week night or day time; when they have a sewer backed up and they are upset if it is in our lat- eral...it runs from that_property to ours, we will take care of it; if it's in the sink and it's not out there, then they get a plumber; it means giving service to the people of this City and we used to have it; we have money...lets do something worthwhile with itl he wants to give this stuff to the Manager and he sees it goes back here and these peo- ple the other day got a couple of them clear back to Mr. Osburn there; ktts bring this all up to date. VICE MAYOR DALLA said to City Clerk Campbell...in doing the rough draft of the minutes, the last couple times someone has been using a -very heavy felt pen of some sort that totally obliterates. what they are cross. filg out; one of the things that he reads the minutes for is to see everything that took place and note things that are excluded; he would like to ask if she would be kind enough and if it wouldn't cause a tremendous amount of inconvenience to do it the way it has been done in the past and not use that pen. City Clerk Campbell said it was used where it was just rephrased and mostly irrelevant areas up front; the discussions were not done that way; it was to make it easier for a girl that was unfamiliar with this kind of typing to do her job. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:11 p.m. City Cl rk 'ity of Nationa City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of July 8, 1975. No corrections Corrections as noted below City of National City, California 7/1/75