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HomeMy WebLinkAbout1974 09-17 CC MIN12 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 17, 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: Deputy City Clerk Gudmundson, Gerschler, Hoffland, McLean, Osburn, Stenberg. 9 SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by Sister Dorothy Cassel, St. Mar 's Catholic Church. Y APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetin of September 31 1974 be approved. Carried by unanimous vote. 9 PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the reappointment of Mrs. Thomas Baker to the Library Board of Trustees. Moved by Reid, seconded by Camacho this be approved. Carried by unanimous vote. ' ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be Council by title only, Carried by unanimous vote. presented to RESOLUTION NO. 11,585, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTIONS OF 20TH, 21ST AND 22ND STREETS, BETWEEN HIGHLAND AND 'L'AVENUES; PORTION OF 'I' AVENUE BETWEEN 21ST AND 22ND STREETS, 'J' AVENUE BETWEEN 20TH AND 22ND STREETS." Moved by Reid seconded by Pinson, Resolution No. 11,585' asked Mr. Gerschler if this pertained to anything concernig gayor 3rdgan and "I"? Mr. Gerschler answered no. Carried by unanimous vote. RESOLUTION NO. 11,586, "RESOLUTION DIRECTING THE CITY MANAGER TO 1►E PROGRESS PAYMENTS ON COMPLETED PORTIONS OF THE CONTRACT (10th Street, llth Street, 12th Street, 'R' Avenue,Paradise Drive and Palm Avenue Assessment District No. 161)." Moved by Camacho, seconded by Reid, Resolution No. 11,586 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, the ordinances bepresentedto Council for first reading by title only. Carried by unanimous vote. Ordinance No. 9/17/74-1 "An Ordinance Amending Ordinance 1076 Relating to the City's Civil Service System." Ordinance No. 9/17/74-2, "An Ordinance Repealing Section 6130(C) of Ordinance 1184 Regulating the Parking of Heavy Duty Commercial Vehicles in Residential Districts." 9/17/74 13 REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $11,729.91 Traffic Safety 220.24 Park Retirement 538.80 Gas Tax 2107 199.00 Revenue Sharing Fund 142.50 Sewer 47,600.66 Redevelopment -Bonita Center 9.7 4600.77 Total $61,862.14 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 Communication from Assistant City Manager Stenberg recommending the recommendations of staff be approved for a 73-DAy TIME EXTENSION for the KIMBALL PARK RECREATION BUILDING and that it be computed from the date that the current strike is settled was presented. Moved by Reid, that if this strike lasts for another 70 days, 50 days, whatever it is, the Manager automatically take care of this; and when that building is not finished at the end of these days, the man request extension required to finish and then Council approve it for him to finish it. Motion died for lack of second. Moved by Pinson, seconded by Reid, this be denied. There was discussion regarding ramifications of denying the extension; it could delay completion. Mayor Morgan said it is to the City's advantage to cooperate with the contractors; at one time, the City could hardly get a bid on a street job; recentl we haven't had any trouble; we've had more bids and they are down y, where they are in line; we've been very fortunate in National City to do it. There was further discussion. Councilman Dalla said if some - he m one can show him where denying this will get will get the building done quicker go for it. Motion to deny the request failed by the following vote,to-wit: Ayes: Pinson, Reid. Nays: Camacho, Dalla, Morgan. Moved by Morgan, seconded by Camacho, this request be approved. Moved by Reid, seconded by Camacho, to amend the motion to authorize the Manager give 30...he may need more days than that; we him this if there is more strike...Councilman Reid said this willeeliminat paper work. Amendment to the motion carried by the following vote, e to -wit: Ayes: Camacho, Dalla, Reici,, Morgan. Nays: Pinson. Original motion carried by the following vote, to -wit: Ayes: Camacho, Dalla Reid, Morgan. Nays: Pinson. NEW BUSINESS CONSENT CALENDAR items were presented: a. Letter from Coordinator, Law & Justice Agency, stating that the next me sting on South Bay Courts is scheduled for Sept. 26, 1974, 10:00 A.M. , Law & Justice Agency Conference Room 5029, downtown courthouse annex. b. Announcement by Environmental Protection Agency that they,in cooperation with the U.S. Dept. of Transportation, Urban Mass Transportation Administration, is currently providin assistance to aid CPO in developing a Parking g ManaementnPa lanfo the San Miego area. r City Manager Osburn said he will attend meeting on South Bay Courts (Item a). Ordered filed by unanimous vote. 9/17/74 14 City Manager's recommendation regarding the POSITION OF CITY ENGINEER: (a) remove the City Engineer position from Civil Service, and, (b) if approved, appoint Mr. Hoffland to the position of City Engineer; and communication from Acting City Engineer Hoffland stating he had no objections to the exemption of the position of City Engineer from the classified service and, if offered an. appointed position as City Engineer, he would accept, were presented. Moved by Camacho, seconded by Reid, in favor of the City Manager's recommendations (Items (a) and (b). Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. City Manager Osburn asked for a provisional, 90-day appointment, to give time to change the ordinance. Moved by Pinson, seconded by Camacho, in favor of the Cit Mana er's recommendation that it be a rovisional a ointment tonight. Carried by unanimous vote. Parks & Recreation Director's memo stating he granted permission to MR. ED HAMILTON, 915 Highland Ave., to establish a PILOT GARDENING PROJECT on parkways at 437 "G" and 704 "I" Avenue where adjacent property owner is agreeable; if there are no objections, no further action is needed at this time, was presented. Moved by Morgan, seconded by Reid, the City Manager 'oak into the situation and see if he approves of that. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. A letter from Services Division Superintended Water Utilities Dept., City of San Diego, regarding renewal of SEWAGE AGREEMENT and attaching a copy of agreement dated April 17, 1969 which expired June 30, 1974 and the City Manager's recommendation the City renew sewage agreement with the City of San Diego and stating there will be no change in price, were presented. Moved by Camacho, seconded by Pinson, in favor of the City Manager's recommendation. Carried by unanimous vote. STEP INCREASES for eligible employees approved by Department Heads and City Manager (MAXINE GUDMUNDSON, City Clerk's Office; LEONARD R. MILLAR, Parks & Recreation Department; MERRELL DAVIS, Police Department) were presented. Moved by Reid, seconded by Camacho, that they be approved. Carried by unanimous vote. A memo from Traffic Engineer and Police Chief recommending 24TH STREET be temporarily CLOSED for an 8-week period to permit construction of a box culvert was presented. Moved by Camacho, seconded by Reid, in favor of the Traffic Engineer and Police Chief's recommendation. Councilman Dalla said this was bid on the basis of the street being open; the issue is whether to have 6 months of some inconvenience without through traffic or close it off for 8 weeks; the City of Chula Vista had a similar experience with closing off "H" Street and found it caused a tremendous hardship; this is one of the main off - ramps off Interstate 5 to National City. Mayor Morgan said traffic can get into the City off of 24th St. because we close this after we pass Wilson; this angles across; so we will fix it where people can come into National City but they won't be able to get back on the ramp going south or north. Carried by unanimous vote. Acting City Engineer Hoffland's memo stating South Bay Plaza has offered a SEWER AND STREET EASEMENT just north of Plaza Blvd. on condition that "N" Avenue be improved with City Gas Tax funds, and recommending that (a) the sewer easement be accepted and filed with the Recorder, and (b) that the "irrevocable offer to dedicate 'N' Avenudibe accepted and not filed with the Recorder was presented. Moved by Reid, seconded by Morgan, this be approved with the exception that (b) be recorded. Councilman Pinson asked if this exempts the developer from making those street improvements, sidewalks and what not? City Engineer Hoffland said this is an offer to dedicate, it is not a dedication; the ordinance which requires street improvements when a certain amount of private improvements are made applies to street dedications; 9/17/74 15 for example, after this he builds a building in there he will not be required to put the improvements in unless that street is dedicated; this has a status of a street reservation and not a dedication; the offers for the street, dedication and sewereasement were made on the basis that_ the improvements to Nf� Avenue will be done with Gas Tax Funds; if, in the Attorney's opinion, we could put the condition on the offer of dedication; normally streets that are put in a Select Street System are put in with Gas Tax Funds; yes, this would exempt it. Councilman Pinson said he doesn't think Council should exempt the street improvements and can't see why "N" Avenue would be a key street, one of our Gas Tax streets. Motion failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Camacho, Dalia, Pinson. Communication from MRS. RITA HEUSS, 2121 E. 4th St., requesting reimbursement of $93 to replace property line FENCE on SOUTH SIDE OF EL TOYON PARK; and communication from Assistant City Manager Stenberg recommending reimbursement in accordance with Council action on June 11, 1974, were presented. Moved by Pinson, seconded by Reid, in favor of the recommendation of the Assistant City Mann er. Carried by unanimous vote. Communication from Westtensen Construction Co. requesting permission to use another sub -contractor, W.E. Walters and Sons, 7823 Barton Drive, Lemon Grove, in lieu of Pollard Plastering & Drywall for the PUBLIC WORKS CENTER; and a communication from Attorney L.W. Knutson to Bernie Pollard Construction Co. in this regard were presented. Moved by Pinson, seconded by Camacho, in favor of the request by Westtensen Construction. Carried by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Reid. Nays: None. Abstaining: Morgan. REPORTS CITY MANAGER OSBURN reported receipt of a notice that there would be a COASTAL ZONE COMMISSION hearing at 9:15, September 20, to consider a building at 124 East 30th Street; this is an office building by Corky McMillin; we will not appear at the hearing. CITY MANAGER OSBURN reported on estimates received for 200 feet of 6-foot chain link fence; it will cost $1,145 to fence City owned lot on Cagle Street. Moved by Pinson, seconded by Camacho, that the Manager explore the possibilities of some type of a barricade there, maybe some old telephone poles and cable or something to put across there to keep the motorcycles out. Carried by unanimous vote. CITY MAMAGER OSBURN requested Council action on two items of property; one belongs to the State and the other to the County; one is on 31st and National and the other is on 24th out by the school house. Moved` by Reid, seconded by Camacho, that we release the property at 31st and National back to the County. Councilman Pinson said he would like to know if that has the proper zoning for automobiles; don't we have a transportation zoning? Planning Director Gerschler said C-4 zoning allows all automobile uses. Councilman Pinson asked why they couldn't put transportation/commercial zoning on that property? Mr. Gerschler said you could; you would have to go through the hearings; the property is in the City but owned by the County; it's within the City limits, that is his understanding. There was discussion as to whether or not the property is within the limits of National City. Moved by Pinson, seconded by Camacho, to amend the motion that we turn this over to the Planning staff and Commission to work out TCR or transportation related zoning on that and authorize the City Attorney to prepare an urgency ordinance (amended motion). Amendment to the motion carried by the following vote, to --wit: Ayes: Camacho, balla, Pinson, Morgan. Nays: Reid. Original motion carried by unanimous vote. City Manager Osburn saidwe still have the other item,parcel at 24th and Newell. Moved by Pinson, seconded by Camacho, this be released to the Division of Highways. 9/17/74 16 Mr. Gerschler said it is zoned R-4-PD (OS) open space overlay. Carried by unanimous vote. Councilman Dalia asked if on 31st and National time is such that an urgency ordinance is necessary? Councilman Pinson said he would think so, before they negotiate to sell it to a private developer. A Planning Department transmittal regarding the Planning Commission recommendation application for zone variance to abrogate the require- ment for ON -SITE PARKING at 1408 Harding Avenue - CASA DE SALUD COMMUNITY CENTER - be approved, and stating that future public im- provements on this site should be planned and budgeted to provide more parking, was presented. Moved by Camacho, seconded by Pinson, in favor of Planning's recommendation. Carried by unanimous vote. A Planning Department transmittal stating the Planning Commission recommends that a portion of 30TH ST., SWEETWATER RD., AND PROSPECT ST. EXTENSION south of Sweetwater Rd., as shown on National City Planning Department Drawing No. SC 79-74, be VACATED subject to two conditions (1. Reservation of public utility easements; 2. Collins Development Co. shall have exercised their option to purchase the property address 1860 Sweetwater Road ['Pepper Tree Liquor/Delicatessen).); and the Planning staff recommends the City Council adopt a Resolution of Intent to vacate the subject streets, was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recom- mendation. Carried by unanimous vote. A Planning Department transmittal stating the Planning Commission recommends application for DEFERRAL of installation of GUTTER AND REPAIR OF SIDEWALK at 1722 GAMMA ST. (Garcia) be denied; and the Parks & Recreation Director states the subject "sidewalk repairs" are necessary because a City street parkway tree damaged the existing sidewalk, was presented. Moved by Reid, seconded by Dalla, this be laid over one week. Mayor Morgan said Mr. Garcia is in the audience; this is going to be laid over one week as the Council wants to take a look at it. Carried by unanimous vote. A Planning Department transmittal stating the Planning Director and Acting City Engineer made the following recommendations concerning CPO -REGIONAL TRANSPORTATION PLAN, (1) that State Route 252 Freeway be included as an integral part of the freeway system and be shown on the Transportation Plan, and (2) that transit 'orridor planning include provision for both the local rapid transit line and a future Los Angeles to San Diego to Tijuana Inter -Urban Transit Line within one right-of-way, was presented. Planning Director Gerschler said if the recommendations please the Council, it might be appropriate to have a motion to ask the CPO representative to carry this back. Councilman Dalia asked that the recommendations be acted upon individually. Moved by Pinson, seconded by Camacho, that the State Route 252 freeway be included as an _integral art of the freeway system and CPO representative take this down to CPO and a resolution be sent not only to CPO, but to the City Council of San Diego. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. Moved by Pinson, seconded by Dalla, in favor of the second item6the corridor be the way the Director recommended it and also put it in a form of a resolution. Councilman Reid said he doesn't know how to v te on this; he hasn't had any information on this corridor; he kno s they haven't down at CPO or any where else and doesn't know how to vote. Vice Mayor Camacho said this action would urge CPO to utilize th same corridor and require less land. Carried by unanimous v te. COUNCIL COMMUNICATIONS COUNCILMAN REID said h would like the Personnel Officer to check into Brown's (Police Serge t Wayne L. Brown) status; the man had 22 years here and all of a sudd n he is unable to come back to work and he 'is having a hard time financially; did he have all the information t6'..t 9/17/74 17 he should've had? The City should have a policy of advising employees in this regard; here the guy has been out quite a while and he can't work and has nothing to live on. Assistant City Manager Stenberg said he can certainly check into that; we have been in touch with both the Workmen's Compensation Appeals Board and the State Compensation Group and this has been on a weekly basis as late as today on Mr. Brown; he would be happy to submit a report on this. City Manager Osburn said Mr. Brown's attorney has been in contact with the City many times and in contact with our attorney. Mayor Morgan said we will get a report. COUNCILMAN PINSON said he would like to ask Council to amend the animal control ordinance to include the issuing of citations by any police officer that observes a dog barking; in other words., if someone calls and says this dog is keeping him up at 2:30 in the morning and a patrol has gone over there because of a dog disturbing the peace. City Attorney McLean said City ordinance now provides it unlawful to keep a dog on your premises that barks in a way that it disturbs the peace and quiet of the neighborhood; the ordinance has a penal provision in it now; we enforce the ordinance now; whether or not the individual police patrolmen are issuing citations is a matter of management of the Police Department. Moved by Morgan, seconded by Pinson, that we instruct the City Manager if it is possible to have the Police issue a citation when they are called on a barking dog and think it is proper at the time. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Councilman Pinson said on the same ordinance that we put in if you are walking your dog on any property other than your own, this includes public property or other private property, that they can also be cited for trespassing even if he is on a leash; also, cats are creating a problem in this regard. Moved by Pinson, we amend the ordinance to this effect. Motion died for lack of second. MAYOR MORGAN asked City Engineer Hoffiand to report on Division St.; is everything going along fine on Division Street? the money is in and when will they get started? City Engineer Hoffiand said he spoke with the adjuster again this afternoon; he does have $70,000 in a local bank for the Division Street project; he has a contract with the contractor and he understands it was signed tonight and it should be in the insurance company's mail tomorrow. MAYOR MORGAN said this is an item he will bring up next week. There is a problem, a back stop in the Sweetwater Heights Park; it is only 2.7 of an acre; there are alot of kids in this area and they congregate in this park; they hit this ball and it has been hit over into the houses; next week, after Council looks at it he will recommend to the Council the back stop be taken out of Sweetwater Park; people are very upset out there. Moved by Pinson, seconded by Reid, in favor of the Mayor's recommendation(the back stop be removed). Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Camacho, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:13 p.m. C'• y Clerk � City of National City, California By: 12y, Deputy 9/17/74 18 The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 24, 1974. No corrections 0 Corrections as noted below Mayor, City of 1tional City, California 9/17/74