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HomeMy WebLinkAbout1973 01-23 CC MIN155 14 % T.LS OF TH4 eaiGULAA ► t :TL G OF TH:3 CITY COUi CIL OF Tt-ia CITY OF RATIO =dAL CITY, CALIFO -IA January 23, 1973 The regular meeting of the City Council of the City of Rational City was called to order at 7:30 p.m, by Mayor Morgan. ROLL. cai.c. Council members present: Camacho, Pinson, Reid, Waters Morgan. Absent: None* Administrative officials present: Cam g Gerschler, McLean,, Osburn, Stenberg. Abell, Foster, SALUTE TO FLAG AND I NVOCATI ON 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 Camacho, seconded by Reid, the minutes of the regular meeting of January 16, 1973 be approved, Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposedproclamation of Wednesday, January 31, 1973, as "C.I.F.. CHAMPION'S DAY" in National City, Moved by Waters, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS .. None ADOPTION OF RESOLUTIONS Movedby Camacho, seconded by Reid, the resolutions be presented to Council by title only. Carried by unanimous vote, RESOLUTION NO. 10,951, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Glenn W. Turner and Gloria E, Turner)." Moved by Waters, seconded by Camacho, Resolution No. 10,951 be adopted. Carried by unanimous vote„ RESOLUTION NO, 10,952, "RESOLUTION ACCEPTING CONVEYANCE OF REAL. PROPERTY (Spencer A. Cosner and Mildred E. Cosner)." Moved by Pinson, seconded by Camacho Resolution No, 10,952 be adopted. Carried by unanimous vote„ RESOLUTION NO. 10,9530 "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Euclid Avenue)." Moved by Waters, seconded by Camacho,, Resolution No. 10A953 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,9540 "RESOLUTION HONORING THE COACHES AND STUDENTS INVOLVED WITH C,I.F. CHAMPIONSHIP FOOTBALL AND CROSS COUNTRY ATHLETIC PROGRAMS DURING 1972 AT SWEETWATER UNION HIGH SCHOOL*" Moved by Camacho,, seconded by Reid, Resolution No, 10,954 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,955, "RESOLUTION APPROVING AMENDMENT TO GENERAL PLAN (GP-14...72) TO CHANGE LAND USE DESIGNATION OF PROPERTIES AT 1740 AND 1735 PLAZA BOULEVARD AND 1802 12TH STREET FROM COMMERCIAL, RECREATION AND TOURIST TO HIGH DENSITY RESIDENTIAL." Moved by Pinson, seconded by Camacho, Resolution No. 10,955 be adopted. Carried by unanimous vote* Resolution No. 10,956, "Resolution of Award of Contract (Lighting Hart Field, Kimball Park, Specification No. 779)." The City Clerk's report on the opening of sealed bids on January 17 (Carreon Electric - 1/23/73 156 $21,560.00; United Electric - No Bid Bond furnished; Wilcox Electric, dba Arrow Electric - $19, 368.30; Perry Electric .. $21 429.00; Gu Electric Co. of California - ' ' if $19,647,00), Certificate of Publication of Notice to Bidders, Dir. Parks and Recreation's recommendation the low bid of Arrow Electric 0$19,368.30) be accepted and work authorized to proceed without delay were presented, Moved by Camacho, thatthisbe held back further along in the Council meeting so we can discuss this later on. Motion died for lack of second. Moved by Waters, seconded by Reid, that we award this to the low bidder (United Electric) that came in on the contract and allow the City Manager to contact him in relation to his low bid, in the event he cannot perform, that he pick out the next low bidder which is Arrow Electric and go ahead aid proceed if the other man cannot perform. on Attorney McLean said the problem is in attempt etoamake s sansaltlernat. Citya�vve award of bids • what Mr. Waters wants to do is to authorize the City Manager to ascertain if the party who apparently submitted the lowest monetary bid can, in fact,, perform the work and if that party can then do the work; and if that party can't do the work, then have Arrow Electric do the work; only the City Council can accept and reject you can't pass this on to the Manager; if p r ct bids; o consid of United Electric who apparently is the low bidder; it willeh a r the bid held over for another week,two weeks. 1ty Attorneave to be problem is to accept or reject bids; although thecommuny alcid" ,the n 17 January received from the Clerk doesn't reflect it, there of bid from United Electric in a lower amount; if the Council wishes, the Council can waive the failure of United Electric to post a bid bond and award the bid tonight; you can lay the matter over so that the Manager can investigate and report to Council that the failure of United Electric Co. to post a bid bond is not a reflection on that company's ability to perform the job; you can't delegate to the Manager which bid to accept, Moved by Morgan, seconded by Waters, to amend the motion where we award the contract to the lowest bidder and waive the requirement for the bond and if he doesn't perform then call a special meeting, There was further discussion;. The City Clerk read the main motion. City Manager Osburn said the lowest bidder was the United Electric Co. in the amount of $15,,933.96 and they did not furnish a bid bond; and the next low bidder was Arrow Electric in the amount of $19,368.30. City Attorney McLean requested the maker of the motion to clarify his motion. Moved by Waters, seconded by Reid to award the bid for the Lighting of Hart Field, Specification 779 to United Electric in the amount of$15 933.96 and the requirement of the bid bond be waived. City Attorne McLean you decide said if he doesn't perform andY to readvertise, then you are going to readvertise, at City expense, so you are the cost of advertising.s gambling $3,400 against suggested adjourning this meetingwatodFri�slon. Councilman Pinson by Camacho, seconded by Pinson„ to table thisy item. nt 4:00. Moved vote.Carried by unanimous RESOLUTION NO. 10,957, "RESOLUTION GIVING NOTICE OF INTENTION TO AND CLOSE A PORTION OF GROVE STREET FROM THE NORTHERLY LINE OF0, TACATE STREET, NORTH TO THE CUL-DE-SAC ON GROVE WAY." Moved byCamacho, H seconded by Reid, Resolution No,, 10,957 be adopted. City Attorney McLean said this sets the hearing for February 27. Carried vote. by unanimous RESOLUTION NO. 10,958, "RESOLUTION AUTHORIZING EXECUTION OF CORP QUITCLAIM DEED TO THE REDEVELOPMENT AGENCY OF T ORATION CALIFORNIA." Moved by Reid,seconded by Camacho, E22.91.9.1121,TNAL CITY, be ado ted. Carried by unanimous vote.o. 10958 INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented Council for first readin b title onl . Carried by unanimous to the vote. Ordinance No. 1/23/73-.1, "An Ordinance Amending Ordinance No. 962, 1/23/73 157 Zoning Ordinance of the City of National City, California (ZC..9_72 to Rezone from TC-PDTourist Commercial Planned Development' Multiple Family Residence, Portions of TC-PD Zoned AreaNorth- South of Plaza Boulevard between Palm Avenue and Route #805)". Ordinance No. 1/23/73- 2, "An Ordinance Amending Ordinance No, 962, Zoning Ordinance of the City of National City, California (ZC-27.-72: to Rezone Portions of the C-4, Wholesale Commercial, C-3-A, General Commercial and C-3_C,, General, Commercial Zoned areas between National and Highland and South of 22nd Street to R-4, Multiple Family Residence)". REPORT OF CITY ATTORNEY - None BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE General Fund Traffic Safety Park Sewer Total COMMITTEE were presented: $ 5, 300.24 751.46 238.94 152,81 $ 6,443,45 Moved by Waters, seconded by Camacho, drawn. Carried by the following vote, Reid, Waters, Morgan. Nays t 1Vnna _ these bills be paid and warrants to wit: Ayes: Camacho, Pinson PAYROLL (for the period January 1-15) AUIITED BY THE FINANCE COMMITTEE in the amount of $135,479.68, was presented. Moved by Camacho, seconded by Pinson, the payroll be approved, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. REFERRALS Report of CITY MANAGER in regard to meeting with representatives of County Flood Control in regard to Flood Plain Mapping and requesting Council ratify his action was presented. Moved by Waters, seconded by Pinson, this item be filed and concur with the City Manager's recommen- dation to stop at the City limits. Carried by unanimous vote. NEW BUSINESS A communication from ASSOC. PLANNER, COMPREHENSIVE PLANNING ORGANIZATION inviting comments on the adequacy of the Army Corps of Engineers' Draft Environmental Impact Statement on the proposed Sweetwater Flood Control Channel was presented. Ordered filed by unanimous vote, City Manager Osburn said he gave the CPO a copy of our report to the Army Engineers including the criticism of the Environmental Impact Report. A communication from PRESIDENT, NATIONAL CITY-LINCOLN ACRES COMMUNITY ACTION COUNCIL requesting Council to rescind the ordinance which prohibits children from being cared for in private homes in residential areas was presented. Planning Director Gerschler said the Planning Commission held a hearing in this regard Jan., 22 and it was continued to Feb. 12 after which the Planning Commission recommendation would be forwarded to Council Ordered filed by unanimous vote. A Notice from GREYHOUND LINES -.WEST of their application No, 53787 with the Public Utilities Commission for 6% increase in its passenger fares and express, and interline express rates was presented. There was discussion.. Ordered filed by unanimous vote. A communication from the MAYOR, CITY OF ROHNERT PARK, enclosing a co of his letter to the President'in regard to funding of the Public py Employmett Program was presented. Moved by Pinson, seconded by Wate'i we 1/23/73 158 ort the Mayor, Cit of Rohnert Park in his letter to the Presid Carried by unanimous vote.. ent. A communication from CHAIMAN, MENTAL HEALTH ADVISORY BOARD, COUNTY OF SAN DIEGO, stating Federal Categorical Funds will probablybe deleted and distributions to areas of need in Mental Health will be made through Revenue Sharing and inviting Mayor's communication wi Co. Mental Health Adv. Bd, in this regard was presented. td by Waters, seconded by Pinson, that the Ma or be directed to foVwd comments communication with this Council and that the maintaa nrd thhe same means of rovidin for Mantal Health Adv. Ed. care, Carried bheir unanimous vote. y An application for refund of $100 performance bond by RONALD R. MACOUBRIE, East 7th St,., and EngineeringDept.'s was presented, Moved by Camacho, seconded by Waters, on of approvalofth En ineerin De t. ' in favor of the s recommendation. Carried by unanimous vote. A communication from CITY MANAGER attaching communication from CAL - PACIFIC MATERIALS CO., 840 West 24th St., requesting permissionto fence a portion of Harrison Ave. south of 24th St, whh they to ve been using for parking equipment, etc, for approximate) 21 a concurring with the CityEngineer's Y years and gineer s recommendation they be allowed to use this area subject to agreeing to vacate within 60 days on direction by the City Engineer was presented, City Mana er Osb coon request resulted from vandalism.y g urn said the in favor of the City Engineer is ho' seconded by Pinson, recommendation, City Attorney McLean said undoubtedly we have someh is was discussion, why we have insurance; he suggestsliability, that's the way to handle it is to have a permit to encroach on the public right-of-way and require them their insurance„ There was further discussion,, Councilman Water show said there is no money involved here at all; it is of valuedee should consider this on behalf of the and we vote, to�.wit ; Ayes: Camacho, people • Carried by the following Pinson, Reid„ Morgan. Nays: Waters. A communication from Mr. and Mrs. Charles D. Sims and Mr. Walter T. Blackburn offering to raze the buildingat 2505and Mrs. Street adjacent to their residence, salvaging materials forEttei3th personal use, at no cost to the Cit their days from approval was presented. Y' work to be completed in 90 in favor ofMoved by Waters, seconded by Pinson„ Mr. and Mrs Charles Sims; and Mr. and Mrs Walter Black - burns' re ues t. Carried by unanimous ;rote. A communication from the City Manager attaching Minutes of Board of Trustee's meeting of January 3, 1973, and statingthe gLreen with all items except page 6 (budget one he agrees instead of custodian) and recommending this be referred maintenanceredtman Finance Committee for study at budget time referred to the Waters, seconded byg me was presented. Moved by Waters, Pinson, in favor of the Cit Mana er is recommenda- There was discussion., Mayor Morgan asked if the motion w Quid be to file the rest of the minutes too, Councilman Waters Carried by the following vote, to -wit: Ayes: Camacho,Pi said Was.. Morgan, Nays: Reid. o: Vnson, Waters, A communication from CITY MANAGER attaching a and recommending comma CITY OFBA�.,DWIIri PARK (in regard to a communication from the California) and apportionment of sales tax within system was presented.9 Council oppose changing of the present Moved by Waters, seconded by Camacho, the $aldwin Park r uest be denied, There was discussion. said what they want to do is issue the sales tax accozditng to Morgan population; other cities would o the by unanimous vote. gain, National City would lose. Carried A communication from WOMEN' LEAGUE S AUXILIARY CHAIRMAN, NATIONAL CITY PONY requesting Council, to purchase back cover of pony League booklet for the 1973 season at a cost of $50 was r p esented, Moved 1/23/73 159 by Camacho, seconded by Reid, in favor of the r ues t b the Pon League that we purchase the back cover of the Pony League booklet for the 1973 season at the cost of $ 50. Carried by unanimous vote. The request of SAN DIEGO COUNTY HEART ASSOC. for a permit at no fee to hold their annual Heart Fund Campaign in February, report of business license clerk and License Collector's recommendation of approval was presented, Moved by Pinson, seconded by Camacho, in favor of the license clerk's recommendations. Carried by unanimous vote. A communication from CITY MANAGER filing five items with the City Clerk (No Council Action Necessary): Letter dated Dec. 4, 1972 and letter dated Jan. 4, 1973, from San Diego County Water Authority, 2750 Fourth Avenue, San Diego, California, enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of Nov. 30, 1972 and Dec. 31, 1972; Sweetwater Authority Agenda for Jan. 10, 1973 meeting and Minutes of the regular meeting of the Governing Board of Sweetwater Authority dated Dec. 13, 1972; Certifi- cate of Insurance from The Travelers Insurance Co.. covering Allen J. Riggs Jr. and Vella M. Riggs, 3910 Bancroft St., San Diego, Calif., Policy Nos. DCUB 4835727 and 650-2034836-IND from 8/1/73; Certificate of Insurance from National Automobile and Casualty Insurance Co. covering American Towing, Inc., 1730 Cleveland Ave.,. National City, Calif., Policy No. 30GLA 58942; Certificate of Insurance from National Automobile and Casualty Insurance Co. covering Gaetan Maurais, dba American Auto Storage, 1730 Cleveland Ave., National City, Calif„,, Policy No. 30G A 58943, which is on file. REPORTS CITY MANAGER OSBURN reported that the President and Governor had declared Thursday, January 25, as a day of mourning in honoring former President Johnson; the City of San Diego and the County of San Diego have all gone along with this. Moved by Morgan, seconded by Waters„ that we close the City Hall .on Thursday, Carried by unanimous vote. CITY MANAGER OSBURN reported a request from the MacDonald Corp.,, at 1630 Highland;they recently purchased the Odell Realty Office, just south of themand our ordinance requires a driveway be placed so many feet from the property line; however, there is an existing driveway right on the property line and they would like to renew and use this driveway for parking, Moved by Camacho, seconded by Waters, in favor of the MacDonald Corp, request. Carried by unanimous vote. CITY MANAGER OSBURN reported Mr. Al Alvarado was in the pre -Council meeting and handed him a notice concerning the Youth Commissioners; they are holding a meeting at Southwestern College, February 17 and the deadline for registration is February 7, the day after our next Council meeting; he would like us to send the twelve students who serve on the Commissions within the City; there will be an expense of $1.75 for each one of them for the one day. Moved by Camacho, seconded by Reid, in favor of Mr. Alvarado's recommendation request. Carried by unanimous vote. CITY MANAGER OSBURN reported Mr. Sam Finell is in the audience; he is here in regard to the Foaner property; he (the City Manager) dis- tributed something on this last week to the Council,. The City Manager suggested they hear Mr. Finell. Mayor Morgan said at this time they would hear Mr. Finell; he didn't think the Council and himself should get into discussion of this because, unless it is in Executive Session, we have authorized by unanimous vote to condemn the property. Mr. Finell, 4189 Adams Ave., San Diego, was present and said he is Mrs. Foaner's son -in -.law; Mrs. Foaner is ill and asked him to speak for her; you say you don't see where the City Council has anything to do with it; the City Council authorized the condemnation; and asked don't 1/23/73 160 you have something to do with it if spoke at some length in regardyou authorized it. Mr. Finell he felt was low. HOWARD A. 2LOTNICKe 4181r for the property which Adams Ave., San Diego, attorney representing Mr. Finell was present and spoke brifely. Mayor Morgan advised Mr. Finell and Mr. Manager. There was discussion. Zl©tnick to see the City property to be acquired by the City+for nGrove Ave.,ell dthe offer: "your City property 18, 00Q sq.ft.; Paradise Dr., 10,000 sq, ft, to be deeded to you as a consideration for the above; the center line of the sewer easement approximately 2,600 sq.ft, across your property to be vacated as a consideration for above..." There was further discussion, CITY CLERK CAMPBELL reported receipt of a Notice from the Utilities Commission on the times and places of hearings Pacific Telephone and Telegraph Company's application (No. to increase certain intrastate rates and charges which is Public on 53587) on file. COUNCIL CONIMUNIC,ATIONS COUNCILMAN WATERS suggested the pre -Council meetings be held in the Council Chambers. MAYOR MORGAN said last week approval of the Seawnd Greens Sub- d ivision was adopted; he did not sign that resolution because of the problem with the other section just with the Planner and he says this Subdivisiont ohashths one; he checked for parks and o en- the same set-up P space; he wanted Council to be informed that this is what we are getting into because we have some problems on this other one and it is the same thing. Planning Director Gerschler said he made an inspection of the property and found three items that were required and the park and recreation area were not in com- pliance; you may wish to withhold the finalization of that bond which was the subject of the resolution that the Mayor referred to until those corrections have been made; if there are to be any changes in the formation in that private association that has the jurisdiction over that private recreation area he thinks the City Attorney would probably want to review that and comment on it; if that is your wish he will give the file to him and perhaps b n meeting you would have some answers on this. P at y e eby sec seconded by Pinson, in favor of the Mayor's recommendation that wehold thisr ntil such time e City Attorney- up' Councilman Water's question, Mr. Gerschlerssaid atdtheltin meshr projectof was finished, my staff had made an inspectiona the o inspection; they found that the work wascomplete made h than oen it ne been allowed to deteriorate; that is what we are reporting on tonight. Carried by unanimous vote. g MAYOR MORGAN said he keeps getting calls on the drain, Orell Dr. on MD"; they are building back behind the property there and they are going to have to slope that up to so much to drain off on "F" St., and asked what is going to happen there. The Mayor said these people that live on the end of this little banjo is going to be more flcoc? ed, in the future than they have ever been; it is time that the City gets down and see if we can work out some kind of a plan, a 1911 Act, or some way because those people wade in water sometimes 6" or 8" or one ft. deep; and asked what will happen when they get that built when they can't drain. City Manager Osburn said he sent a report on that today, apparently the Mayor didn't is lower than MP" Ave, and the least expensive y get a.t, the area area is to come out from the end of Ore11 Drtoa!D " n andthgo south; the apartment owner, as he understands, is Ave.e. to fill t' is property so iwill drain to "F" Ave.goTherto be required cussion, City Manager Osburn said as he recalled the City was ouldsnot go on private property and do the work, they were to dedicate the street and then pay for it with the City paying half the drain and 1/23/73 161 they wouldn't agree to this. There was further discussion. Mayor Morgan called an Executive Session at 8:30 p.m. Mayor Morgan called the meeting back to order at 8:43 p.m. ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan. Moved by Waters, seconded by Camacho, the to make u a letter an a ends t item a.t to the Cit Clerk's office in relation the by unanimous vote. City Management be informed to t e Cit Clerk and send to her duties, a directive. Moved by Waters, seconded by Pinson, the meeting be adjourned to F January 26, 1973 at 4:00 p.m. Carried by unanimous vote. Them ridgy, closed at 8:45 p.m.eeting City Jerk. City of Nation City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of February 6 1973. f---1 No corrections Correction as noted below Mayor, City ,anal City, California 1/23/73