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HomeMy WebLinkAbout1972 12-19 CC MIN120 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 19„ 1972 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, Pinson, Reid, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn,, Stenberg, SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Father Borda, St. Mary's Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of December 12, 1972 be approved. Carried by unanimous vote. PRESENTATI ONS MAYOR MORGAN presented a certificate in appreciation for outstanding service while off..duty to OFFICER CRAIG M. BRADSHAW (rescued mother and four year old daughter). MAYOR MORGAN presented the "Key To The City" to ALAN EUGENE HILL, an outstanding laser scientist, who was awarded the Air Force Association CITATION O FHONOR for his high energy laser discoveries and inventions. Mr,. Hill grew up in National City and was graduated from Sweetwater High School. Mr. Hill introduced his parents, wife, and sons who were present in the audience„ ORAL COMMUNICATIONS LORENZ H. RUEHLE, 837 Ethel Place, Port Commissioner, was present and said there were questions in last week's minutes regarding the container facilities, Mr. Ruehle distributed a xeroxed copy of the master plan of the container facilities to each of the Council members. Mr, Ruehle continued that the total development at most would be 33.7 acres; as previously discussed it will be developed in two phases; the first phase is only 17 acres; the second phase will not be com- pleted unless it is completely justified by the activity that will come through the first phase; it is true, container facilities will not have the direct tax impact that an industrial plant might have; in the Port of Oakland which is now the main container facility on the West coast, they figure one out of six jobs in the entire City of Oakland is related to the Port of Oakland; these container opera- tions do bring in a lot of business and a lot of industry. Mr, Ruehle stated one thing we have to face up to is that when the Port District got the $4 million federal grant for 24th St, the understanding was that it was to be developed as a marine terminal; we have to have some marine terminal operation at the 24th St. terminal...none of us can look that far into the future and say that we are going to need all 35 acres or 18 acres or whatever the balance may be should be put into an industry; we do have some industrial land available in the vicinity of the boat launching ramps that could be developed if we get industry that needs deep water; we have another industrial site at the foot of 24th St, that can be developed. Containerization being as new as it is it is hard for us to sit down and give all the facts without giving estimates; in another two or three years 95% of the containerizable general cargo of the trans -Pacific trade will be 12/19/72 121 carried by container vessels; up to this point, the Port of San Diego has not had the facilities to unload these unless there was a crane actually on the ship, a shipboard crane; or unless we got a floating crane that went along side of it; the first crane, possibly the only one that will go in, will be installed in 1973; this will give this facility to the Port of San Diego so container ships can be handled; it is very possible some container cranes may move on to the loth Ave. terminal. Mr. Ruehle said there is the problem of several hun- dred longshoremen who would have to be employed also; if we turn our backs on the container movement, then in effect putting these people out into the street into the unemployment rings; as a City and a community we have to face the facts of bringing in new industry, but also find ways to take care of the people that are now working here so we don't put them on the welfare rolls. Mr. Ruehle answered questions directed to him by members of the City Council. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be presented by, title one. Carried by unanimous vote. RESOLUTION NO. 10,915, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO PURCHASE REAL PROPERTY FOR EUCLID AVENUE RIGHT OF WAY (Imogene M. and James Darr, Jr.)", Moved by Reid, seconded by Camacho, Resolution No. 10, 915 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,916, "RESOLUTION AMENDING RESOLUTION NO. 10,906 TO CHANGE CUSTOMERS' SERVICE AND COMPLETION DATES", Moved by Waters, seconded by Camacho,, Resolution916 be ado t d. Carried by unanimous vote. RESOLUTION NO. 10,917, "RESOLUTION AUTHORIZING EXECUTION OF OFFER TO PURCHASE REAL PROPERTY AT 1733 ORANGE STREET (Glenn W. Turner)". Moved by Camacho, seconded by Reid, Resolution No. 105917 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Waters. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN reported the Council voted to protest the proposed closing of the National City agency of the Atchison, Topeka, Santa Fe Railroad; he appeared on behalf of the City in opposition to the pro- posed closing before the Public Utilities Commission of California; the proceedings occurred last Thursday for a period on one day; the Railroad presented their witnesses to testify to the benefits to the public in closing the station; certain businessmen appeared in opposi- tion to the closing; on behalf of the City he cross examined the witnesses presented by the Railroad; we will not have a decision from the Pub. Util. Com. for some time in the future; the net result of the hearing, in his opinion, was that the Railroad Co. had a very poor case for their closing. Mr. McLean continued that Council would be interested in knowing the facts about freight service by rail; the first fact, the AT&SF Railway earned $771,965,000 in freight services nationally; on a system -wide basis the railroad company spent about 4.89% to operate freight stations and earned 13.8% return of gross profit on freight operation; looking strictly at National City; National City freight station had freight income in 1971 of $2,249,717 and spent only $12,938 in actual station expenses; it cost the railroad company only .57% to operate its freight station as opposed to 4,.89% system -wide; the National City freight station is generating for the AT&SF Railway gross profit before income tax, 18.21 %...,the National City freight station is substantially more profitable than the freight system as a whole; the figures he is reporting are as reported by the railroad company financial statement presented to the PUC; the proposal of closing the National City agency is that the functions of National City would be assumed by the San Diego freight agency; although there 12/19/72 122 will be no increase in personnel in San Diego to service National City; one conclusion that could be reached, is that there would be a reduction of service to the National City freight users and that was a position he urged to the PUC, Mr. McLean said prior to the hearing he made a survey of the freight users in National City starting with the most consistent users and working downwards; he found in a telephone poll, that the vast majority of the National City users did oppose the closing of the National City freight agency. Mr. McLean continued that the President of the AT&SF Railroad wrote a letter to the Scrap Disposal Co, at the time that the railway was evaluating the closing of the agency in which he stated there was no proposal to close the freight station; he introduced that letter in evidence; it would appear that the present position of the railroad to attempt to close the agency is inconsistent with the representation that has been made by the President of the railroad. Mr, McLean said he suspects it would be 3, 4, or 5 months before the PUC will reach a decision., Councilman Waters complimented the City Attorney for his outstanding job representing the City at this hearing of the PUC. HEARINGS The HEARING ON PROPOSED ZONE CHANCE ZC-7-72 TO REZONE FROM C-2 (Limited Commercial) TO R..4-PD (Residential Planned Development) AND R.-2 (Two Family Residence) PORTIONS OF THE C-2 ZONED AREA AT AND NEAR THE INTER- SECTION OF 18TH STREET AND LANOITAN AVENUE, and the PROPOSED AMENDMENT **TO THE GENERAL, PLAN VIRXXXXX4 TO DESIGNATE ALL THE C-2 ZONED AREA AT AND NEAR THE INTERSECTION OF 18TH STREET AND LANOITAN AVENUE FOR COMMERCIAL USE was held at this time. City Clerk Campbell stated the Certificates of Publication were on file and the Planning Department transmittal stating the Planning Commission recommended that the pro- posed zone change ZC--7-72 in the area north and south of Lanoitan Avenue be taken as recommended by the Planning staff (remain unchanged) and all the C-2 zoned area at and near the intersection of 18th and Lanoitan be designated for commercial use, was attached to the agenda. Planning Director Gerschler said he sent to the Council a resume of these first three hearings on the agenda; all of them are AB13O1 compliance program items; all of them have the Planning Commission's recommendation and have attached an explanation for each one; the only action involved here is to reconcile the existing incompatibility between the General Plan and the Zoning Map. No one was present in this regard, Moved by Waters, seconded by Camacho, the hearinf be closed and the proposed zone change ZC-.7-72 & amendment be approved as recommended by the Planning Commission and all, stipulations of staff be adhered to. Carried by unanimous vote. (City Attorney McLean left Council Chambers at 8:01 p.m.) The HEARING ON PROPOSED ZONE CHANGE ZC-8.-72 TO REZONE FROM C-2 (Limited Commercial) TO R..4-PD (Residential Planned Development) THE PROPERTIES AT 3040 AND 3042-461 EAST 16TH STREET, and the PROPOSED AMENDMENT TO THE GENERAL PLAN (GP-13-72) TO DESIGNATE FOR COMMERCIAL USE ALL THE C.»2 AND C-.2.»PD ZONED AREA AT THE INTERSECTION OF 16TH AND HARBISON (excluding 3040 AND 3042.-461 EAST 16TH STREET), was held at this time,. City Clerk Campbell stated the Certificates of Publication were on file and the Planning Department transmittal stating the Planning Commission recommended the subject property be rezoned to R-4- PD and the amendment to the General Plan to designate for commercial use all the C..2 and C.»2..PD zoned area at the intersection of 16th and Harbison (excluding 3040 and 3042-461/2 East 16th Street) be approved, was attached to the agenda, Planning Director Gerschler said his same comments apply to this; this is also an AB 1301 compliance case. No one was present in this regard. Moved by Camacho, seconded by Reid, this hearin be closed and the ro sed zone chap a ZC..8-72 to rezonfrom C-2 (Limited Commercial to R..4-PA and amendment be approved as recommended by the Plann 129 commission and all ,re9ulat,ons stipulated by staff be adhered tom (City Attorney McLean returned to the Council Chambers at 8:03 p.m,) There was discussion, Carried by unanimous vote. **(GP-12-72) 12/19/72 124 built the motel. Moved by Waters, seconded by Camacho, the public hearing on proposed closing the southerly one-half of 6th St. be approved and all stipulations of staff and Council be adhered to. Carried by unanimous vote. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 22,380.06 Traffic Safety 843.48 Park 749.26 Retirement 11,402.09 Special Street 50.00 Sewer 102,224.69 Total $137,609.58 Moved by Camacho, seconded by Waters: these bills be paid and warrants drawn, Carried by the following vote, to. wit : Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented in the amount of $137,106.10. Moved by Camacho, seconded by Pinson, this payroll be approved. Carried by the following vote; to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. NEW BUSINESS An application for new off -sale beer and wine license for the RED OWL MARKET at 6 No.mm Euclid Ave. in the names of Thomas P. Habib, Ramsey L. Najor and Yousif Shamoo (present off. sale general license being trans- ferred to Santee) was presented. Moved by Waters: seconded by Camacho, in favor of the application for the off -sale beer for the Red Owl Market. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: Morgan. A communication from PLANNING DEPARTMENT in regard to County's Bicycle Route Element and stating it is in compliance with City's Plan for Bicycle Ways and Trails was presented. Ordered filed by unanimous vote. An application of DIAMOND CAB CO. for 48 taxicabs with certificate of insurance attached was presented. Moved by Waters, seconded by Camacho, in favor of the Diamond Cab Co.'s request, City Manager Osburn said they had only 42 licenses last year and they are required by the ordinance- to prove public convenience and necessity for the additional six; we tried to get hold of Mr. Moore today and believe he was notified. The City Manager recommended holding this item over to the next meeting. Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation, Carried by unanimous vote. Mayor Morgan asked if the Council could approve 42 then because if we don't meet till next year we may rum him into problems. Moved by Waters, seconded by Camacho, approve the application for the normal 42 that is required by the ordinance. Carried by unanimous vote. The minutes of the REAL ESTATE COMMITTEE meeting of December 6, 1972 were presented. Moved by Reid, seconded by Camacho,, they be filed. Mayor Morgan said he owns property on the west side of 805 near where the Real Estate Com. proposed they make application for federal funds; my property is on the west side, this property we are talking about is on the east side; he owns the land between Toledo's apartments and the 805 off -ramp on the south side of Plaza Blvd.; this application has nothing to do with the property that he owns. There was lengthy discussion. Councilmen Waters and Pinson objected to the proposal on the grounds that the expenditure of $250,000 federal funds would benefit particular commercial property owners who knew what they were getting into when they purchased their property. Carried by the following vote, 12/19/72 123 The HEARING ON PROPOSED ZONE CHANGE ZC19•.72 TO REZONE FROM TC.»PD (Tourist Commercial Planned Development) TO R..44 (Multiple Family Residence) PORTIONS OF THE TC..PD ZONED AREA NORTH AND SOUTH OF PLAZA BOULEVARD BETWEEN PALM AVENUE AND ROUTE NO. 805, and THE PROPOSED AMENDMENT TO THE GENERAL PLAN (GP-14•.72) TO DESIGNATE FOR RESIDENTIAL USE THE PRO- PERTIES AT 1740 AND 1735 PLAZA BOULEVARD AND 1802 EAST 12TH STREET, was held at this time. City Clerk Campbell stated the Certificates of Publication were on file, and the Planning Department transmittal stating the Planning Commission recommended the subject properties be rezoned to R..4 and the General Plan amendment to change the land use designation of the properties at 1740 and 1735 Plaza Boulevard and 1802 East 12th Street from "Commercial Recreation, and Tourist" to "High Density Residential" was attached to the agenda, Planning Director Gerschler said this is another AB 1301 case. Moved by Pinson, seconded by Camacho, the hearing be closed and proposed zone chap a ZC»9«.72 and amendment be a roved as recommended b the P1annin Commission and all stipulations of staff be adhered to. There was discussion„ Carried by unanimous vote. The HEARING ON THE PROPOSED VACATION AND CLOSING OF THE SOUTHERLY ONE- HALF OF SIXTH STREET, BETWEEN NATIONAL AND ROOSEVELT AVENUES was held at this time, City Clerk Campbell stated the Certificate of publication of notice of hearing, the Engineer's affidavit of posting notice of hearing, and affidavit of mailing notice of hearing were on file; also, the Planning Department transmittal stating the Planning Commission recommended approval of the closing subject to four conditions was attached to the agenda, Planning Director Gerschler said the Planning Commission has reviewed this case and given notice to the adjoining property owners; they recommended as there is no indicated need for a present or future public purposes for the street it be vacated; the transmittal sent on this points out the City Council in the past has asked that final vacationproceedings such as this not be completed until the Council has reviewed the development plans for the adjoining property; approve if you a rove the vacation as recommended tonight, at a future City Council meeting there will have to be a resolution actually ordering the vacation of the property. Mr. Gerschler suggested Council ask the developers of the ajoining t their plans to Council before that final resolutionoofrvacation ty to eisnpresented The Planning Director reportedngpresented. discussed the designs ofthe Commission last night • streets, egress within this general neighborhood, and taking a final look at the design of the two motel projects in the area to make sure that they are coordinated with the neighborhood; perhaps the City Manager would meet with these two project developers in the next few days and go over their plans, discuss the designs, so when they are presented to Council for final approval they will be in the best possible shape. RAUL SULLIVAN, 4850 HART Drive, San Diego, was present and said he has no objections to the closing of the street for the improvement of the property but would object to actually closing the street until you have the motel and the type of unit that is going in there, City Attorney McLean said Planning is recommending that Council approve the theory of closing the street not take the steps to actually close it until the developers present a plan. HAROLD DODDS, 210 Shirley St., Chula Vista, was present and asked if the closing of 6th St, was contingent upon building a motel? City Attorney McLean said it was under the present recommendation. Mr. Dodds continued it was not his understanding; it will be closed regardless whether there is a motel built or not; that's his understanding. Mr. Dodds said it is unfair for one go ahead with plans which cost thousands of dollars; I am not goingoout and spendgoing $15 or $20,000 on plans de it has to be closed before I can takeanennyour closing 6th St.; Mr, Dodds said then there is no problem. City steps, There was discussion, no; he didn't think Mr. Dodds has anyCity Attorney McLean said would problem...Mr. Dodds said he get with the Planning Dept, tomorrow and work out the details. Members of the Council assured Mr. Dodds of their intention to formally vacate the South half of 6th Street when he 12/19/72 125 to -wit: Ayes: Camacho, Reid, Morgan, Nays: Pinson, Waters. An application for refund of $500 performance bond by WALT A. SELPH, 3501 Glen Abbey Blvd., Chula Vista, for work performed at 1140 "B" St., approved by Engineering Department was presented. Moved by Pinson, seconded by Reid, in favor of Walt Seleh's refund, Carried by unanimous vote,. A communication from CITY MANAGER attaching the minutes of the regular meeting of the Civil Service Commission on November 15, 1972, and stating he concurs with all recommendations was presented. Moved by Camacho,{,seconded by Reid, .. in favor of the City Manager's recommenda tion. Carried by unanimous vote. r• �I1 I IYI I rlrllll�l I�I� Iti A communication from CITY MANAGER attaching the minutes of the Traffic Safety Committee meeting on December 14, 1972, and recommending they be approved, was presented, Moved by Camacho, seconded by Waters, in favor of the Cit Mans er �'s recammendation, There was discussion. Carried by unanimous vote. The approval of step increase for eligible employee, approved by Chariman, Library Board and City Manager: Joel R. Siegfried,, was presented. Moved by Camacho, seconded by Reid* in -favor of the Cit_,y Manager's recommendation, Carried by unanimous vote. REPORTS City MANAGER OSBURN reported receipt of a letter from Director, Park and Recreation, regarding our chipping machine, 1956 model; it fell apart the other day and we can get parts to repair this one for $2600.00 or we can purchase a new machine (inc. trade-in) for $4456.25; his recommendation was we be authorized to spend from the Capital Outlay Fund $4456.25, Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation, Carried by unanimous vote, CITY MANAGER OSBURN reported distributing to Council page 206 of the Port Authority minutes of December 5, 1972 (relating to the Sweet- water BridgelAnformation only. CITY MANAGER OSBURN reported distributing to Council a notice that the Comprehensive Planning Organization will hold a meeting January 5, 1973 at 7:30 p.m, in the auditorium at the San Diego Gas & Electric building in San Diego* in regard to rapid transit; whether or not we will allow the money to be spent by San Diego Transit Corporation or save the money for some other purpose re rapid transit. CITY MANAGER OSBURN recommended the area between 13th and 14th on "D" Ave. be referred to the Planning Commission for correct zoning for our Senior Citizens High Rise building. Moved by Waters, seconded by Camacho, in favor of the City ,Manager's recommendation the area between 13th and 14th on "D" be referred to the Planniaa Commission at the next regularly_scheduled meeting. Carried by unanimous vote, CITY MANAGER OSBURN reported the next regular meeting is the day after Christmas and we do not have as yet anything pressing for that meeting; if Council desires to cancel that meeting, City Clerk Campbell stated we have two hearings scheduled. City Attorney McLean said the meeting will have to be opened and closed if no quroum present; the way we would handle this, we would adjourn to January 2. CITY CLERK CAMPBELL reported receipt of an application of California American Water Co, to the Public Utilities Commission for increase in rates for water service and "Report on the Results of Operations, Sweetwater District" which is on file. 12/19/72 126 CITY CLERK CAMPBELL reported receipt of a notice from the Corps. of Engineers, Dept, of Army, stating application has been made by Signal Landmarks Inc. (Coronado Cay Co.) for three year extension for existing permit to dredge which is on file. CITY CLERK CAMPBELL reported receipt of LAFC Staff report on Court Cases (recent litigation affecting LAFCOts) which is on file. CITY CLERK CAMPBELL reported receipt of LAFC meeting dates for 1973 which is on file. CITY CLERK CAMPBELL reported receipt of a notice of hearing before the Public Utilities Commission on Investigation on the Commissionrs own motion into rules governing the construction and maintenance of crossing at grade of railroads with public streets, roads and high- ways which is on file. A PLANNING DEPARTMENT transmittal stating the Planning Commission voted in favor of Staff f s recommendation that "F" Ave., from the sly line of 16th St., so, a distance of 2901 is not needed for present or contemplated public purposes, but that the public convenience and necessity require the reservation of easements and rights of way for structures as enumerated in Sec, 8330 and recommended its vacation subject to three conditions, was presented. Planning Director Gerschler said if this matter is approved by the Council it should be referred to the City Attorney for the preparations of the necessary resolutions. Moved by Camacho,, seconded by Reid, in favor of the City?fanner le recommendation. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO said last week the Council moved to recognize the Sweetwater football team winning the CIF, we forgot that the Sweet- water Cross -Country Team, also won the first CIF in the history of the school; itts only right that if we are going to do it for the varsity we should also invite the cross country team, Moved by Camacho, seconded by Reid, that we invite the Sweetwater High School COIF champion- ship tear,- Cross -Country and also have a plaque. Councilman Waters said the Chamber and service clubs have gotten together and will have a banquet for them the end of January; maybe we should hold these pre- sentations for that particular big banquet that they are going to have for them. Carried by unanimous vote. VICE MAYOR REID said in regard to the crosswalk at 8th and "Er, he was going to make a motion. Moved by Reid, seconded by Waters, the City et t hhat crosswalk back there. Carried by unanimous vote, COUNCILMAN WATERS said he would like to have the apartments under construction on Plaza Blvd. between Orange and Manchester checked out; there does not appear to be proper off-street parking; he hardly sees any open space; wants to know how that was approved. Mr. Gerschler said they would check it out and give him a report on it, COUNCILMAN WATERS inquired about the changes in business license fees and asked if it affected any small businesses; some small businesses have had a'50% raise this year and it is not because of their income. Mr. Waters asked the City Manager to check that. City Manager Osburn said the only small business affected as he recalled were the licensed people, the contractors, sub -contractors; the sub -contractors went from $15 to $25 and the general to $ 50, Councilman Waters said the G & S Clock Shop on National Ave, said his license went up 50% under this new program. COUNCILMAN PINSON said he would like to know when we plan on picking up illegal "A" frame signs; we have discussed this before and heard how to go about it and that we could even get a truck and go around and 12/19/72 127 pick them up if we have to; they have a notice that they have a vio- lation; they have them sitting out on the sidewalk, blocking the side- walk. MAYOR MORGAN asked the City Attorney about 1805; they have taken land for 805 off the tax roll in National City; the federal government is withholding freeway funds. The Mayor asked if we could sue the federal government or maybe.. write to the President. City Attorney McLean said anyone who has a filing fee can sue the federal govern- ment; the fact they haven't moved ahead on construction of 805 is probably not grounds for the City to sue the federal government; the practical answer is that the construction of this freeway is a political matter; there are funds being withheld from the highway construction program which could be spent to build 805; the way to get the federal government to spend that kind of money is through political effort; if the people who administer these things understand that the construction of this freeway is important to basic economic welfare of the community (telling them you can't have a flood control channel without the free- way going in; the flood control channel is not economically feasible without the construction of the freeway going in along side of it; the freeway along side the flood control channel is tied up with 805.) Moved by Waters, seconded by Camacho: tk�e ,rneetinc�_ bE adjourned ,for„ Yee regular meeting of January 2, 1973. Carried by unanimous vote. Mayor Morgan wished everyone a Merry Christmas and a Happy New Year. Meeting closed at 8:55 p.m. ityerk City of National ity, California The foregoing minutes were approved by the City Council of National City at the regular meeting of January 2s 1973. No corrections Correction as noted below Mayor, ity ional City, California Correct typographical error: Page 122, Paragraph 2 delete (GP-17-72) end add (GP-12-72) re) :sae_ Ione Minoguampbe