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HomeMy WebLinkAbout1974 10-01 CC MIN28 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 1, 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, Dalia, Reid, Morgan. Absent: Pinson. Administrative officials present: Gerschler, Deputy City Clerk Gudmundson, Hoffland, McLean, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Assistant City Manager Stenberg followed with invocation by Mr. Sherman Scott, St. Mary's Catholic Church. MAYOR MORGAN called a recess at 7:32 p.m. MAYOR MORGAN announced a special television program, on Channel 154 "Bonita Valley —A Question of Values," would be viewed at this time. Those present observed a discussion program on television with guest speakers as follows: Gene A. Martin, President, Sweetwater Valley Civic Association, who objectedto the development of the Bonita Plaza Shopping Center; Mayor Kile Morgan, National City, spoke in favor of the Shopping Center development; Supervisor Jack Walsh, County of San Diego, opposed the project; and Owen Menard, representing Owen Menard Associates who prepared the EIR for the proposed center. The meeting reconvened at 7:57 p.m._ ROLL CALL Council members present: Camacho, Dalia, Reid, Morgan. Absent: Pinson. APPROVAL OF MINUTES Moved by Camacho, seconded by Dalia, the minutes of the regular meeting of September 24,_1974 be approved. Carried by unanimous vote. Absent: Pinson. (Planning Director Gerschler left Council Chambers at 7:58 p.m.) PRESENTATIONS AND PROCLAMATIONS Deputy City Clerk Gudmundson read the Mayor's proposed proclamation, "Membership Enrollment Month," October 1974. (Planning Director Gerschler returned to Council Chambers at 7:59 p.m.) Moved by Reid, seconded by Camacho, this proclamation be adopted. Carried by unanimous vote. Absent: Pinson. Mayor Morgan presented the proclamation to Mrs. Dick Bailey representing the California Congress of Parents and Teachers, 9th District. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS PIKE HODGE, 3460 Highland Ave., was present and said Hodge Brothers have been farming the Sweetwater Valley, with the Golden Arrow Dairy, and keeping stacks of hay and manure which has been dispensed throughout the City, County and State for landscaping projects. He now has 50,000 yards of fill dirt that he would like to store there; 10/1/74 29 in order to get a permit he has to get a conditional use permit, and ecology, etc.; and asked the Council's permission to store the stockpile of fill dirt there as a regular act of his business. City Engineer Hoffland said Engineering reviewed the plans and sent them to the Environmental Review Committee; the Environmental Review Committee decided it was in the flood plain, there is a possibility of floodings, thereare environmental questions to be answered; the stockpile was estimated to remain in place for three years; it was supposed to be a drag line material, so it would not lend itself to landscaping or planning or anything; it would present an unsightly situation; the Committee felt there should be a report on the possible environmental effects. Mr. Hodge said the material is available starting now; if he goes through the normal procedures, you are talking about six months. City Attorney McLean said if it were just the use permit, the Council could probably amend the ordinance; but the environmental impact review procedure of the City calls for an Environmental Impact Statement; he has mentioned six months, he doesn't know where he got the six months; but would think a project of this scope Mr. Hodge's own Engineers could prepare an adequate Environmental Impact Statement in a relatively short period of time; after we have it in, it doesn't take very Ipng to act on it, we don't have the same kind of problems the County does. MR. WAYNE LILL, Associated Engineers, (employed by Mr. Hodge) was present and said his firm prepared an environmental assessment when they submitted the application for the permit to make the stockpile as required by ordinance. City Attorney McLean said that is not the same thing. Planning Director Gerschler said' Mr. Lill probably has available to him most of the information needed for the report; they discussed it briefly in his office and he encouraged Mr. Lill to bring in everything he had and sit down with them and they would help Mr. Lill hammer out a report in good time; the Attorney has analyzed it correctly; probably, we could cooperatively put together a report in a few days time; the use permit is another problem; he has shown Mr. Lill a couple of ways to try and solve that problem; one is by interpretation of the Code by the Planning Commission which they can do at the next meeting; the other would be to go ahead and file it and get it before them as soon as possible; the time element is not all that easy; it's not only the City that is causing the time delay; the California Environmental Quality Act has some built-in time delays; there are two State agencies and one Federal agency who are going to insist on review procedures on this; we can greatly help them if we go the environmental impact review process, the Environmental Impact Report; this would cut down the delay time with the State and Federal agencies and we would be doing them a favor to help them go through channels. City Attorney McLean said there are problems; one problem is whether or not he can obtain the use permit to stockpile material within a flood plain; we can treat that quickly; the second problem ,he has is the necessity for pursuing environmentaljmpact review process which is mandated upon us by the State law; there are certain obligations to be met in the review of an environmentally dangerous project which Council can't change; although Cbuncil can try to minimize the time frame required to do that; that part of the problem is inescapable. City Attorney McLean said they have not filed an Environmental. Impact Report, as he understands the facts; this is the first he has heard about it; he would be happy to meet with Mr. Hodge's representative and the Planner to talk about what could be done to expedite this project; Council would not be doing Mr. Hodge any favors to say "here is a piece of paper from National City that says you can do it," and be will be stopped by the State. Mr. McLean said 4f Mr. Hodge elects to stockpile on the Chula Vista side of his property maybe they can handle this faster in Chula Vista. Moved by Morgan, seconded by Camacho, the City Attorney and the Planner and Manager sit down and discuss these problems of Pike's and bring a recommendation back to the Council next Tuesday night. City Attorney said if there is some action to streamline the City law, we will tell 10/1/74 30 you about that; if there is a problem with State law, there isn't much we can do. Carried by unanimous vote. Absent: Pinson. BARBARA STRAHAN, 1521 East 22nd St., President of the National City Quarterback Club, was present and expressed appreciation for Council's support of the athletic program at Sweetwater High School by their purchase of plaques from the National City Quarterback Club. Ms. Strahan presented the Council with the plaques and invited Council to attend the next Quarterback Club meeting, Thursday night at 7:30 at the Olivewood School. CHARLES CHENEWETH, 2328 E. 5th St., Friendship Homes Convalescent Hospital, was present and said they have been in business 30 years and are preparing to embark on a building program; in addition to the Environmental Impact they also have Comprehensive Health Planning which is a system that the State and Federal Governments have enacted to ensure orderly growth, and that the proper amount of beds and services are available to everyone. Mr. Cheneweth requested a letter of support from Council to submit to Comprehensive Health Planning along with his plans for expansion. Moved by Camacho, seconded by Reid, that Mr. Cheneweth get a letter of recommendation from the City Council for support. Carried by unanimous vote. Absent: Pinson. GABRIEL TEJERO, 2624 East 3rd, was present and said about three months ago, he came to City Hall to get his permit to build a room in the back of his house; his property is zoned R-1; he was asked what the distance from the wall of the house to the backyard was and he said about 35'; he was given a piece of paper and was told he had about 10' in the back from the fence; when the foundation was ready for inspection and he came back and talked with Mr. Brile who opened up some book and found regulations or rules and said he couldn't build it because 25' is required between the wall and the fence. Planning Director Gerschler said he would be happy to meet with Mr. Tejero at his convenience to discuss this matter. Mayor Morgan asked Mr. Tejero to come in and talk with Mr. Gerschler tomorrow. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, these resolutions be presented by title only. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,597, "RESOLUTION ACCEPTING OFFER TO DEDICATE PUBLIC WAY (A Portion of 'N' Avenue)." Moved by Reid, seconded by Camacho, Resolution No. 11,597 be adopted. Mayor Morgan said he always thought that would be an 80' street through there. Planning Director Gerschler said he wasn't aware of any plan adopted; in this case, the width was recommended by the Engineer; the City Engineer and he will get together and will give a report before the next meeting. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,598, "RESOLUTION AUTHORIZING SALE OF CITY PROPERTY AND EXECUTION OF ESCROW INSTRUCTIONS THEREOF (22nd Street and Wilson Avenue)." Moved by Camacho, sedonded by Dalla, Resolution No. 11)598 be adopted. Carried by unanimous vote. Absent Pinson. RESOLUTION NO. 11,599, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEED TO NATIONAL MEAT PACKERS, INC." Moved by Dalla, seconded by Camacho, Resolution No. 11,599 be adopted. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,600, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF SWEETWATER ROAD AND PROSPECT STREET EXTENSION SOUTH OF SWEETWATER ROAD." City Attorney McLean said this sets the hearing for November 12, 1974. Moved by Camacho, seconded by Reid, Resolution No. 11,600 be adopted. Carried by unanimous vote. Absent: Pinson. 10/1/74 31 RESOLUTION NO. 11,601, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement - J. Earl Garrett and Eugenia V. Garrett and El Rey Products, Inc., a Calif. Corporation and Bolivar Apartments Limited, Inc., a Calif. Corporation)." Moved by Reid, seconded by Camacho, Resolution No. 11,601 be adopted. Carried by unanimous vote. Absent: Pinson. INTRODUCTION OF ORDINANCES (Ordinances 9/24/74-3 and 9/24/74-4 listed on Council Agenda not introduced.) ADOPTION OF ORDINANCES Moved by Camacho, seconded by Dalla, these ordinances be presented by title only. Carried by unanimous vote. Absent: Pinson. (Ordinance No. 9/17/74-2 listed on Council Agenda was omitted.) ORDINANCE NO. 1441 (9/24/74-1), "AN ORDINANCE AMENDING ORDINANCE 1076 TO EXEMPT THE POSITION OF CITY ENGINEER FROM THE CIVIL SERVICE SYSTEM." Moved by Camacho, seconded by Reid, Ordinance No. 1441 f9/a4/;4-1) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalia. Absent: Pinson. ORDINANCE NO. 1442 (9/24/74-2), "AN ORDINANCE AMENDING ORDINANCE NO. 962, MINING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-2-74, to Add Open Space Overlay Zoning to the Caltrans Property, Southwest Corner of 24th Street and Newell)." Moved by Dalia, seconded by Camacho, Ordinance No. 1442 (9/24/74-2) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. ORDINANCE NO. 1443 (9/24/74-4), "AN ORDINANCE AMENDING ORDINANCE 896 REQUIRING ALL BUSINESS "VEHICLES TO DISPLAY NATIONAL CITY VEHICLE PERMIT DECAL." Moved by Camacho, seconded by Dalla, Ordinance No. 1443 (9/24/74-6) be adopted. Carried by unanimous vote. Absent: Pinson. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 8,187.84 Traffic Safety 56.19 Park 560.57 Retirement 19,737.12 Revenue Sharing Fund 175.00 Sewer 272.87 Redevelopment -Bonita Center 5,000.00 Total $33,989.59 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. (City Attorney McLean left Council Chambers at 8:33 p.m.) UNFINISHED BUSINESS Communication from Administrator, FEDERAL ENERGY ADMINISTRATION, Washington, D.C., regarding Home Improvement Time Campaign which will acquaint the homeowner with energy management assistance and savings and stating this project could well receive Council's official recognition was presented. Ordered filed by unanimous vote. Absent: Pinson. 10/1/74 32 Communication from City Manager stating at the February 26, 1974 meeting Council directed TAXICAB LICENSE FEES be changed from $50 each for first 20 cabs to $25 per cab up to and including 20 cabs, and all over 20 cabs an additional $5 fee; if Council still wants to change cab license fees, Ordinance No. 1125, Section 2, should be changed to reflect the new rate in time to mail out with license renewal notices, was presented. Moved by Dalla, seconded by Reid, the cab license fees remain the same and no change in Ordinance 1125 is necessary. There was discussion regarding the amount of revenue involved and the increase of cab fares recently authorized. (City Attorney McLean returned to Council Chambers at 8:35 p.m.) Councilman Dalla said this is still only going to affect one cab company; it is going to give a break to one company. Vice Mayor Camacho said this company has been National City's only cab company longer than anyone else. Motion failed by the following vote, to -wit: Ayes: Reid, Dalla. Nays: Camacho, Morgan. Absent: Pinson. Councilman Dalla said the motion failed, so where do they stand with the cab companies. City Attorney McLean said he assumed the February 26, 1974 Council action reduced the fees to $25 per cab for the first 20 and $5 more for cabs in addition to 20; it was a tie vote; it takes a majority to pass something; a tie vote is no action. Moved by Morgan, seconded by Reid, that Council have the Citx_Manager give Council a new report on the cost of changing the ordinance like was recommended back in February and be on the agenda for next week. Carried by unanimous vote. Absent: Pinson. NEW BUSINESS CONSENT CALENDAR items (la-d) were presented. a. Letter of appreciation from National City Community Rodeo Association, Inc. for support given the 7th Annual Spurs'n' Saddle Roden. b. Letter of appreciation.from Instrumental Music Director, Sweetwater Union High School, for $300 contribution. c. Letter of appreciation from the Institute for Burn Medicine for recognition of bravery exhibited by Alfonso LeAlcala. d. Public Utilities Commission Resolution No. A-4304 to amend Rules 23, 24, 51, and 52 of the Commission's Rules of Practice and Procedure to implement amended Section 454 (a) of the Public Utilities Code. Ordered filed by unanimous vote. Absent: Pinson. Communication from DISABLED AMERICAN VETERANS requesting to sell forget-me-nots on downtown streets in National City November 7-9, 1974, and License Collector's recommendation of approval were presented. Moved by Camacho, seconded by Reid, this request by the Veterans be granted. Carried by unanimous vote. Absent: Pinson. Communication from Assistant City Manager regarding a FIRE ALARM SYSTEM for UNDERGROUND UTILITY DISTRICTS 4 and 6 and recommending the expenditure of $9,975 be authorized from unallocated reserve of Capital Outlay Account 3, and reports from the City Engineer and Fire Chief in this regard were presented. There was discussion regarding an investigation into the need for such a system in that area. Moved by Camacho, seconded by Dalla, that this item be laid over until we can get a report from the City Attorney as to whether there is a feasibility of _gasoline tax monies made available. Carried by unanimous vote. Absent: Pinson. Communication from Chief of Police requesting the following exami- nations be conducted: Police Dispatcher -Matron (Open Competitive Examination), Police Officer (Open Competitive Examination), Police Lieutenant (Closed Promotional Examination)), and Police Clerk -Matron (Open Competitive Examination) was presented. Moved by Morgan, seconded by Reid, we authorize the Police Dispatcher -Matron at this time. Carried by unanimous vote. Absent: Pinson. 10/1/74 33 Communication from Student Body, SAN DIEGO ACADEMY requesting permission to collect canned goods for Holbrook Mission in Arizona the evening of October 31 was presented. Moved by Camacho, seconded by Reid, this request be granted. Carried by unanimous vote. Absent: Pinson. Communication from NATIONAL CITY MUNICIPAL EMPLOYEES, ASSOCIATION requesting an amendment of City's contract with the State Public Employees' Retirement System to provide for provisions of Senate Bill 1566 was presented. Moved by Camacho, seconded by Morgan, we hold this back until they discuss this with the City Manager, this seems to be an item that's a negotiable item with a signing of a new contract as far as the City employees are concerned. MARY ANN (Linda) DELEON, Vice President, National City Municipal EmployeesAssociation, was present and said the Association would like the Council's approval to contact Sacramento for an acturial study which they, in turn, can present to Council for consideration; there are people retiring early this coming year and this would affect them and their retirement. Assistant City Manager Stenberg said the Employees' Association is asking for Council's favorable consideration now so that they can spend the money to get this acturial survey; the results of that survey will be brought back to the Council. Councilman Dalla said whatever the results are of this acturial study/survey, the City doesn't have the money budgeted to make up whatever difference there would be; that's the problem. Ms. DeLeon said the Association understands it could be very minimal. Motion and second were withdrawn. Moved by Camacho, seconded by Reid, that they make this study at their own expense. Carried by unanimous vote. Absent: Pinson. Communication from City Engineer Hoffland requesting approval of CHANGE ORDER NO. 1, DIVISION STREET IMPROVEMENT, Spec. 75q and stating that net increase amounts to $6,966.10 (additional storm drain extension) was presented. Moved by Reid, seconded by Dalla, that the Engineer's recommendation be approved. Carried by unanimous vote. Absent: Pinson. REPORTS ASSISTANT CITY MANAGER STENBERG reported receipt of a communication from the County Board of Supervisors indicating that they would like Council to file comments, if any, with them concerning the budgeting process that the County goes through for their 1975-76 budget; if Council wishes to make comments at a later date that's fine. Mayor Morgan said the County should spend some time and look over their budget and start cutting taxes. A Planning Department transmittal stating the Planning Commission recommends LOT SPLIT for property located at 2121 LANOITAN AVENUE and 2112 LA SIESTA WAY be approved subject to two conditions (MUNOZ) was presented. Planning Director Gerschler said this is routine and the Planning Commission recommends approval. Moved by Camacho, seconded by Reid, to approve the recommendation of the Planning Commission. Carried by unanimous vote. Absent: Pinson. Planning Director Gerschler said the Council recently considered a case on Gamma Street for Mr. Garcia for a deferral of the require- ments for installation of sidewalk; Mr. Garcia's case shows that the existing sidewalk was damaged by our own City street trees; the City Council on March 26, 1974,adopted a new policy on repairing sidewalks damaged by street trees and instructed the Public Works Department to do that; we now seem to have a run on this kind of question; two more of them have appeared at the counter where they have asked for building permits to add small additions onto their homes; the Code now would require that they go out and repair the sidewalks that have been damaged by our street parkway trees; in other words, if it would be Council's consistant policy, as stated 10/1/74 34 on March 26, to have the Public Works Department repair sidewalks damaged by street trees; then it would seem to be quite a needless inconvenience to expect property owners to go through the entire deferral process that takes about six weeks and requires the property owner to appear before the Planning Commission and City Council, etc.; if at the end of that routine, the City Council is going to grant a deferral, as Council did on the Garcia case, with the requirement that a Covenant be filed, it might be a service and a Convenience to the property owners to amend the ordinance and allow the City Engineer to accept that Covenant right at the begin- ning, if they are willing to file it; the whole deferral process could be avoided; it is suggested only in the single case involving an existing sidewalk that is damaged by City trees and no other situation at the moment; if the Council is responsive to this, the Planning Department could prepare a draft of an ordinance to be sent back later for further discussion. Moved by Dalla, seconded by Camacho, Mr. Gerschler's recommendation be accepted and be referred back to staff. Carried by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS - None. Mayor Morgan called an Executive Session (Personnel) at 8:56 p.m. (Planning Director Gerschler left Council Chambers at 9:00 p.m.) The meeting reconvened at 9:03 p.m. ROLL CALL Council members present: Camacho, Dalia, Reid, Morgan. Absent: Pinson. Moved by Camacho, seconded by Reid, the Mayor write a letter to Mr. Biggs (Building and Housing Director) informing him that he will take Mr. Osburn's position temporarily as City Manager until further notice (amended motion). Carried by unanimous vote. Absent: Pinson. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 9:05 p.m. (42v,,J CityClerk City of National City, California By: The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 8, 1974. EdNo Corrections Corrections s noted below Mayor, Citi o Ntiona1 City, California 10/1/74