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HomeMy WebLinkAbout1974 07-16 CC MIN244 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 16, 1974 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, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler Hoffland, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by Mayor Morgan. APPROVAL OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the regular meeting of July 9, 1974 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS PAUL DAY, Coastal Rigging, 1936 McKinley and 2330 Cleveland, was present and said he recently met with the Planning Commission and got an approval of a project; subsequent to that time, he met with the Environmental Commission; they were not satisfied with the pro- posal as approved by the City Planning Commission regarding trees and shrubs and beautification; he first met with Mr. Damn who looked over the plans briefly and said there was insufficient area for shrubs and trees; on the 24th St. side, there is a 6' sidewalk plus 6' for the shrubs and trees; on the Cleveland side, there is a 6' sidewalk plus 14' set aside for landscaping; Mr. Damm's opinion was that on the 24th St. side there should be additional 5' set aside plus double the amount for trees and shrubs proposed by the local commission; subse- quent to that he made an appointment with a Mr. Crandall, the chief over there, who looked over the plans and concurred with Mr. Damm's opinion on 24th St. and said there should be additional footage for landscaping on the Cleveland side; this would bring it up from 14' to 19' over on that side; this property is expensive; giving up this much property would change his plans; he can either put in a nursery, dig out his old "for sale" sign, or he can make some effort to convince the Coastal Planning Commission that the Planning Department of National City has a pretty good idea of what is best for National City. Mr. Day said his meeting comes up on the 26th of this month and appealed to Council for any help they can give him in this regard. Planning Director Gerschler said Council can, by motion do two things: (1) give what is called an approval in concept; this simply means that Council is aware of the plans and they meet the local design criteria. (2) authorize the City Attorney and/or himself to appear before the Coastal Commission and present their findings. Moved by Camacho, seconded by Reid, in favor of the Planning Director's sug- gestion. Carried by unanimous vote. BOB JENNER, 331 East 5th, National City Rodeo Association, was present and requested a change in the parade route for the National City Rodeo Spurs and Saddle Trail on September 14; the Rodeo Association felt that the parade had grown to large enough importance and size that it 7/16/74 245 should be on a major street in National City rather than on Plaza Boulevard; it would still be on "D" Avenue but would go from 12th and "D" north to 8th St., west on 8th St. to National Avenue and south on National Avenue to 15th St.; this would add from Plaza to 8th on "D" and 8th to Plaza on National in addition to the parade route already approved; they checked with the National City Police Department; Lt. Hunter, who is in charge of this parade, agreed there would be no problem on this extension; he thinks Lt. Hunter has sent a message stating this to Mr. Osburn. Moved by Camacho, seconded by Pinson, in favor of the Rodeo Association's request. Carried by unanimous vote. Councilman Pinson said along with the Rodeo Association's request for this parade route he would like to mention that there is also a queen contest; the rodeo elects a queen every year; in the audience tonight is Miss Niki Allen, one of the contestants. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, this resolution be presented to Council by title only. Carried by unanimous vote. Resolution No. 11,540, "Resolution Authorizing Execution of a Memo- randum of Agreement between City of National City and R. L. Kautz and Company for a Self Insurance Program for Workmen's Compensation." Moved by Pinson, seconded by Camacho, Resolution No. 11,540 be adopted. Councilman Reid said he has heard a lot about this insurance; some of the employees do not understand it; he would like to have this resolution laid over for one week and have the Manager have a meeting and explain to the employees why they cannot go to a doctor of their choice; would there be objections to this? City Manager Osburn said he had no objections. DALE POUND, 2227 East 32nd St., President, NCMEA, was present and said there is a growing disappointment; in accordance with Government Code Sections 3505 and 3502, this should be a matter for the "Meet and Confer" session...(Negotiations Sessions.) City Manager Osburn said...this certainly complies with the State law. Mr. Pound said...in the past...the employees have been able to obtain any physician desired; under this new insurance company, the employees will no longer have that right; the employee will have to go to either the City doctor (Dr. Pierangelo) or Paradise Valley Hospital, or if the employee is completely dissatisfied with their service, the insurance company will arbitrarily select a list of five doctors the employee can choose from; the employee has absolutely no right to pick his own doctor; this is taking away one of the employees' rights ,.nd if Council intends to do this, it should be covered in the con- fines of a Negotiations Session which Council indicated on June 8, that it did not wish to carry on all year around. Mr. Pound urged Council to consider improved employer -employee relations in this matter. Moved by Camacho, seconded by Pinson, the motion be amended to include holding this over until a full explanation on what is being deprived and what they have gained. JAMES PINNER, NCPOA, was present and said he was here for the same reason as Mr. Pound; on the llth of this month, he received official notice that the State Compensation Insurance Plan had been cancelled and this workmen's compansation plan had been picked up; this afternoon he received the standard operating manual for this insurance plan which specifically (on page 3) gives the employer the legal right to determine the place where the employee will be treated and the physician; the old coverage, of course, gave the employee this privilege; they feel this is a change that affects the employees and members of the Police Officers' Association; under the government code sections listed by Mr. Pound they would like to ask for the right to confer on this matter. Mayor Morgan asked if two weeks would be all right? City Manager Osburn said one week would be enough. Mayor Morgan said he has not checked into this insurance but he is sure they could not tie a person to one doctor; he does not believe that would be constitutional. Amendment to the motion carried by unanimous vote. 7/16t/74 246 INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for first reading by title only. Carried by unanimous vote. Ordinance No. 7/16/74-1, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (.C-5-74 to rezone from TC-PD (Tourist, Commercial Planned Development) to R-4 (Multiple Family Residence) the property at 1736 East 12th Street (Toledo) ,re ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1434 (q/Q/;4-a), "AN ORDINANCE AMENDING ORDINANCE NO. 962, TO PROHIBIT UNSHIELDED LIGHT SYSTEMS IN THE DEVELOPMENT OF AN AUTOMOBILE STORAGE LOT OR ANY USE WHICH IN THE OPINION OF THE PLAN- NING COMMISSION IS SUBSTANTIALLY SIMILAR, AND PROVIDING A TIME PERIOD OF TWO (2) YEARS FOR ABATEMENT OF EXISTING UNSHIELDED LIGHT SYSTEMS." Moved by Pinson, seconded by Dalla, this ordinance be denied. Councilman Pinson said he would only vote for one year. Failed by the following vote, to -wit: Ayes: Dalla, Pinson. Nays: Camacho, Reid, Morgan. Moved by Pinson, the City Attorney be directed to rewrite this for one year. Motion died for lack of second. Moved by Morgan, seconded by Reid, Ordinance No. 1434 (;,i3f";4-4) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. REPORT OF CITY ATTORNEY A copy of summons and complaint by Hazel Ross vs. the City of National City was received and the insur ce carrier is handling it. (Previous claim denied on December 18, 197�) APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Retirement Trust & Agency Revenue Sharing Sewer were presented: $ 39,510.00 499.80 4,207.31 36,141.38 680.00 22,073.43 612.40 Total $103,724.92 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. REFERRALS The Assistant City Engineer's memo giving preliminary estimate for PROPOSED 1911 ACT for installation of 6-FT. MASONRY WALL, EUCLID AVENUE between 4th and Division Streets and attaching a standard petition which waives the right of protest was presented. Assistant City Engineer Hoffland said they would like a new petition signed with the waiver of protest rights. Moved by Pinson, seconded by Reid, in favor of the Assistant City Engineer's recommendation. Carried by unanimous vote. The Assistant City Manager's memo regarding COMPENSATION FOR PLANNING COMMISSIONERS was presented. Moved by Pinson, seconded by Camacho, 7/16/74 247 in favor of the Planning Commissioners receiving $25 per attended meeting, a maximum of $50.00 a month (amended motion). Moved by Reid, to amend the motion to include all of National City's legal commissions, appointed by the Mayor, to receive the same amount for each meeting and there be no discrimination; they should all be treated alike, Civil Service and all of them. Motion died for lack of second. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. NEW BUSINESS CONSENT CALENDAR items were presented: a. City Clerk's memo attaching City of Oceanside Resolution No. 74-127, opposing AB 2648 and supporting the alternative legisla- tion proposed by CPO. b. Memo from Director of Parks & Recreation regarding zoo complaints and stating that Mr. Carter will be assigned to the area. c. City Manager's memo filing three items with the City Clerk: (1) Letter from San Diego County Water Authority, 2750 4th Ave., San Diego, dated 7/2/74, enclosing tabulations showing changes in quantity of Authority stored waters as of el30/74, and average monthly water deliveries in cfs by Authority to member agencies for fiscal year 1973-74; (2) Letter from San Diego County Water Authority, 2750 4th Ave., San Diego, dated 5/31/74 reporting Authority operations for the month of May; (3) Minutes of the regular meeting of the Board of Directors, San Diego County Water Authority, dated 5/9/74. d. Minutes of the Finance Committee Meeting of June 21, 1974. e. Minutes of the Finance Committee Meeting of June 26, 1974. f. Minutes of the Finance Committee Meeting of July 8, 1974. g. City Manager's recommendation minutes of June 12, 1974 meeting of Library Board of Trustees (attached) be approved and filed. There was discussion in regard to Item b. Moved by Pinson, seconded by Camacho, the Consent Calendar be approved. Carried by unanimous vote. Application of PAUL J. BUTZ, 1141 East 8th Street, for REFUND OF $100 PERFORMANCE BOND with the Engineering Department notation that final inspection is okay was presented. Moved by Camacho, seconded by Reid, in favor of this request. Carried by unanimous vote. The COUNTY ADMINISTRATOR'S letter inviting National City to attend a meeting July 19th to discuss elements of their work program was pre- sented. Moved by Reid, seconded by Camacho, the City Manager desi9nate someone to attend. Carried by unanimous vote. NATIONAL. CITY QUARTERBACK CLUB'S request for permission to use the City's AIRLESS SPRAYER WITH COMPRESSOR September 19 and 26, October 3, 10 and 31, and November 7, 3:00 to 6:00 p.m. was presented. Moved by Camacho, seconded by Reid, in favor of the Quarterback Club's request. Carried by unanimous vote. The Building and Housing Director's request Council ratify action taken by the SAN DIEGO COUNTY BUILDING DEPARTMENT DIRECTORS relating to issuance of Building permits and attaching a valuation schedule was presented. Moved by Pinson, seconded by Reid, this be laid over one week until he has a chance to talk to the Building and Housing Director and find out what this is all about. Carried by unanimous vote. The Fire Chief's request that an EXAMINATION be held as soon as possi- ble for position of FIRE ENGINEER was presented. Moved by Reid, seconded by Dalla, in favor of this request. Carried by unanimous vote. 7/16/74 248 The Park and Recreation Director's recommendation the request by BOYS' CLUB for FREE USE OF COMMUNITY BUILDING for annual dinner on November 22, 1974, be granted and attaching facility use permit form and letter of request from the Boys' Club was presented. Moved by Camacho, seconded by Pinson, in favor of this request including use of liquor (amended motion). Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Reid. Abstaining: Morgan. Letter from the COUNTY ENGINEER regarding the Federal Aid Urban (FAU) 3-year program and the City Manager's memo requesting Council make a recommendation regarding approval of this program were presented. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendation. City Manager Osburn said only one National City proj- ect ma the program; all the money allocated to the County was used up. Carried by unanimous vote. A letter from the JUNIORS OF SOCIAL SERVICE AUXILIARY requesting permission to SOLICIT FUNDS and the License Collector's recommendation this request be granted were presented. Moved by Camacho, seconded by Reid, in favor of this recommendation. Carried by unanimous vote. A letter from the NATIONAL CYSTIC FIBROSIS RESEARCH FOUNDATION requesting permission to conduct SEMI-ANNUAL CAMPAIGN in National City and the License Collector's recommendation this request be grantec were presented. Moved by Reid, seconded by Camacho, this be approved. Carried by unanimous vote. Councilman Pinson asked if the License Collector could limit these requests to solicit; could they be cut down? set a two -week maximum for solicitations throughout the City? The Park and Recreation Director's recommendation the request by FIRST CHURCH OF CHRIST SCIENTIST be granted to rent KIMBALL PARK COMMUNITY BUILDING on March 2, 1975, for a lecture (public invited) was presented. Moved by Reid, seconded by Pinson, to approve this request. City Manager Osburn said this will not be a church service; this will be a public lecture; it will be open to the public for information purposes. Carried by unanimous vote. The application of HANNA S. AND JOSEPH S. SHAMMON, dba Wrigley Super Market, 6 N. Euclid, National City, for person -to -person transfer of OFF -SALE BEER AND WINE LIQUOR LICENSE and the Police Chief's memo stating there are no grounds for protest of this application were presented. Moved by Camacho, seconded by Reid, to approve this application. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. REPORTS CITY MANAGER OSBURN reported regarding MR. JOHN WIRTZ who appeared before City Council last week about his rental units at 305, 307, 309 and 311 East 27th Street; he is in violation because he does not have proper off-street parking for the four units; it was first brought to the Planning Commission's attention by an interested citizen on May 11, 1973; on June 27, 1973, a letter was written and a notice of violation given; they (Wirtz) called and said they would clear this matter up within 30 days; there was a death in the family and litigation was pending; it has not been cleared up as yet; on July 3, 1974, another letter was written stating he was still in violation; that is where it stands right now. Assistant City Manager Stenberg said the property was built in 1959, Mr. Wirtz purchased it in 1969; in 1959 the existing zoning ordinance called for one-to-one parking; that requirement was on the building permit and was not complied with. Councilman Reid asked to have this brought back. CITY MANAGER OSBURN reported receipt of a letter from MR. ROBERT PITT- MAN, 1114 DIVISION ST.: "For the past five months our street has been torn up and is still torn up. We have had to put up with dust, noise 7/16/74 249 and aggravation. In addition my rear fence was removed, so a slab could be poured in my backyard where I could park my camp trailer. The reason being that the slope in my front driveway would be too great to move my trailer in and out. The City agreed to install a gate where my fence was. This was five months ago and still no gate, this is supposed to be a chain link gate so the current strike would have no effect on this. We plan to go on vacation the first of August and I'm afraid to leave because I have a watchdog that bites. I'm afraid some child might wander down the alley into my yard and get bitten. I contacted Mr. Fred Baker of the Engineering Department who stated that he has been calling the contractor for a week and the contractor doesn't even return his calls. You, gentlemen, awarded the contract to this construction firm and you should have investigated the contractor's integrity a little more thoroughly. The people on this street, Division, are thoroughly disgusted. I think it high time you climb on this contractor and get some action." Mayor Morgan said the City Attorney, the Engineer and the City Manager will have a meeting in regard to this contractor and the work on Division Street next Thursday; they will take up this problem also. CITY MANAGER OSBURN said Mr. Ballard received a letter from the DEPARTMENT OF TRANSPORTATION, State of California, regarding 3/4 acre of property (surplus freeway right-of-way) south of 24th Street and Newell Avenue; Caltrans had this property appraised at $7,900; the City asked them for a 60-day period to decide whether or not we want it; the 60 days has now expired and they would like an answer. Mr. Gerschler said Council adopted an interim urgency ordinance which has a life of 90 days; it has expired; a hearing to consider a per- manent open space overlay for this property is scheduled August 6. City Manager Osburn said he would notify the Division of Highways. CITY MANAGER OSBURN reported receipt of a letter from NELLIE D. FULLER to the Mayor and the Council requesting a change of density from 16 to 20 units per acre on her property (8th, R, 12th, 805 Freeway.) Mayor Morgan said that was taken care of in the adjourned Council meeting held July 15. The Planning Department transmittal stating the Planning Commission recommended the VACATION OF STREETS AND ALLEYS/PORTIONS THEREOF, shown shaded on street vacation plat for E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK prepared by Charles W. Christensen and Associates, dated 4/1/74 was presented. Planning Director Gerschler said this was recommended by the Redevelopment Agency; it will leave the way clear for the recordation of a new plat formally realigning the streets of the Redevelopment Project; the Planning Commission recommended approval. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by unanimous vote. The Planningarrtment transmittal stating the Planning Commission recommended STREET BETWEEN THE WESTERLY LINE OF CLEVELAND AVENUE to the easterly line of Harrison Avenue and Cleveland Avenue from the southerly line of 24th Street to the southerly line of 25th Street be CLOSED subject to three conditions was presented. The Planning Director recommended the following two conditions be added to those recommended by the Planning Commission: (1) owners of the underlying fee title of the Cleveland Avenue portion file with the City a "continuing offer of dedication for public street purposes," and (2) the owners of the properties abutting the west side of Cleveland Avenue shall record a "Covenant and Agreement to Hold Two Parcels as One" sufficient to assure continued access to public streets (24th St.) of all parts of said properties. Mr. Gerschler recommended Council proceed with the street vacation as recommended. There was discussion. Moved by Pinson, seconded by Dalla, in favor of the Planning Com- mission's recommendation. Carried by unanimous vote. 7/16/74 250 Planning Director Gerschler said the City Council has finished the work for tentative approval of the map attached to the General Plan; the Planning Commission has transmitted to Council the text of the General Plan; the Commission has adopted that text with 68 specific changes; if Council has further changes to make in it, it would be appropriate to do that now; tonight, hopefully, Council would be able to give tentative approval to the text of the General Plan so the program can move along. Mayor Morgan asked the Planning Director if he can think of any place within the City where a street or two or more of single family homes in that one location that Council could take another look at? Mr. Gerschler said that would be on the map and not in the text; the General Plan can be amended three times a year; he hopes in this go -around they could go ahead without more modifica- tions in the map; there is a September 5 deadline. Mayor Morgan said he would like to adjourn this meeting to 4:00 p.m. on Monday. Planning Director Gerschler said it would make it very difficult for him to attend S45191110cial meeting at 4:00 on Monday and take any Council changes to thefrlanning Commission meeting. Mayor Morgan said he is not sure there4will be any changes at all; he would like to have just a little time to go over it again. Moved by Pinson, seconded by Camacho, the text of the General Plan as changed by the Planning Commission be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS MAYOR MORGAN recommended Council adjourn this meeting until 4:00 p.m. on Monday in these chambers. Mayor Morgan called an Executive Session (for litigation) at 8:15 p.m. The meeting reconvened at 8:31 p.m. ROLL CALL Council members presented: Camacho, Dalia, Pinson, Reid, Morgan. Absent: None. Moved by Pinson, seconded by Camacho, to adjourn this meeting until Monday, July 229 at 4:00 p.m. in these same chambers. Carried by unanimous vote. The meeting closed at 8:33 p.m. City C erk C ty of Nation- City, California The foregoing minutes were approved by the C. Council of the City of National City at the regular meeting of 1974. No corrections 2.3 Corrections as noted below Mayor, ational City, California Page 249, last paragraph, second line should read 25th Street between the westerly line of Cleveland Avenue Additional correction (8/6/74) Page 246, 5th paragraph, last work should read 1973. 7/16/74