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HomeMy WebLinkAbout1971 06-01 CC MIN124 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 1, 1971 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 CAALL.. Council members presents Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present; Foster, Gerschler, McLean, Minogue, 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 the Reverend Reginald Berry, First Congrega- tional Church. MAYOR MORGAN welcomed Mrs. Carol Gove and her Sweetwater Adult School Civics Class. APPROVAL OF MI N UTES CITY CLERK MINOGUE requested a correction be made to the minutes of the regular meeting of May 25, 1971: the title of Ordinance No. 1270 should be chan ed from "An Ordinance Re alin Ordinance No. 1262 to an Ordinance Repealing Ordinance No. 1268... " Moved by Hogue, seconded by Camacho, the minutes of the re ular meetinc' of Ma 25 1971 be a roved with the correc- t?. Carr ed by unanimous vote. REPORT - TRANSPORTATION The Honorable F. James Bear, 4th District County Supervisor, was present and urged the adoption of a resolution regarding formation of a► Regional Transportation Authority to be governed by local el. ected officials rather than creating a new level of government. Moved by Hogue, seconded by Camacho, this information Mr. Bear has given to each member of the Council for stud be brought back to the council next week, Carr ed by unanimous vote. Mayor Morgan expressed appreciation to Supervisor Bear. COUNCIL COMMUNICATIONS MOVED BY WATERS, seconded by Camacho, a letter be sent to State Treasurer Ivy Baker Priest expressing Council's sorrow on ,the death of her son Roy Baker Priest. Carried by unanimous vote. 1XCE MAYOR WATERS inquired about the $500,000.00 federal sewerage grant; staff guaranteed that they wouldn't have an overflow problem and this weekend it was shooting out on the streets; he had calls from some of the businesses where it came up on floors in their establishments. Mr. Waters said, if necessary, they could stop building in the City until they have this taken care of. City .Manager Osburn reported some 3 weeks ago the Federal Government furnished National City a contract which the City signed that night and returned to them the next morning; apparently, there is still a doubt as to who will make the final decision in relation to this grant, whether it will be made in Washington or in Los Angeles; at the time he talked to the gentleman from Los Angeles he said he would prefer the City stay out of it for a period of 3 or 4 weeks, that they were' trying to get the responsibility for the entire project shipped back out to Los Angeles; as soon as they receive this word, the City will be hearing from them; nothing has been heard as yet. Vice Mayor Waters said he would appreciate it if the City Manager felt it would require someone going to Washington, D. C. or anywhere, that he bring back that information to the Council and the Mayor could assign someone. VICE MAYOR WATERS said Mr. Camacho worked two solid days from early in the morning until late at night putting up chairs for the fight activity they had over the weekend; Mr. Camacho contributed to its success. COUNCILMAN CAMACHO said at 10:33 this morning he became a grandfather for the second time; it was a 9# baby boy. 6/1/71 125 COUNCILMAN HOGUE read a letter from the people who are running the National City Golf Course and requested it be referred to the Finance Committee: (Item 1, is there any possibility of the City obtaining the land on Fairway No. 3; Item 2, the lake is in need of some type of dredging; Item 3, to improve the looks of the property, maintenance of roads, should be black - topped. Item 4, something will have to be done with the drainage ditch extending from No. 7 teewpast No:...8. Imp; this drainage sclitch takes in -all of of No.-2 Fai*way and each year we are losing 6-8' of fairway from cave-in.) Moved by Hogue, seconded by Waters, the letter be referred to the Finance Committee. Carried by unanimous vote. COUNCILMAN HOGUE said he hoped there are no restrictions against the females employed by the City wearing pants suits; he understood there was and if they were going to think of themselves as a progressive modern city adhering to women's styles ought to be part of being a progressive city. COUNCILMAN HOGUE said for the last 3 weeks various people were here talking for and against scrapping of navy ships; an article in the San Diego Union indicates the Port District yesterday submitted a deficit preliminary budget for the fiscal year beginning July 1; part of the money the Federal Government granted for the building of the port was for the purpose of creating jobs for people in our community and to help the development of our community. Councilman Hogue said he knew that IT&T has said they oppose it; then he heard the people who are interested in the scrapping of these vessels indicate on their part that they feel that the type of work they do would not be detrimental to IT&T; he didn't know which side was right; he would like to see both businesses exist in the City with neither interfering with the other because there was a job shortage in the City and in the community area; anything they could do on the Council to increase employment, relieve the welfare rolls and things of that nature would be a profit to the citizens of the community. Mr. Hogue asked Mr. Gerschler if it would be possible that a vehicle could be drawn up so that they could try this, including in this vehicle all the restrictions on everything that IT&T claimed would be detrimental to their business and also setting a limit on the time for the scrapping and include the fact that the only way they could do further scrapping would be through the permission of the Council. Planning Director Gerschler replied that was a large question and the answer had 3 parts; the first part was whether or not it could be done in terms of zoning regulations; the second part of the question was a legal question as to whether or not you could restrict the time limit of some- thing that requires substantial initial investment without allowing a use to amortize that investment; that was a question that Mr. McLean would probably want to comment to; the third part of the question was that in a practical sense he knew very little about ship wrecking; before answering any of these questions in detail he would want a chance to talk to cities who have had experience in ship wrecking operations; he suspected that the amount of initial investment required would be so substantial that the applicants themselves would not want to proceed with an experimental regu- lation hanging over their head.. Councilman Hogue asked that a report from the Planning Director and from the Attorney pertaining to this be prepared and given to him. Mayor Morgan spoke against the report. Vice Mayor Waters said state law spells out that anyone interfering with another councilman when he asks for reports had better stand by for investigation; you can ask for anything you wish; you are voted in here independently and no one controls you when you ask for a report. Councilman Hogue said he would like a report brought back to him* say in a month or so pertaining to these three things he asked for. Councilman Camacho said Mr. Hogue should feel free to ask this but so far as asking the Council for a vote, he didn't believe they should vote; every man sitting on the Council was an elected representative and had a right to ask the staff for anything he so desired without any comment perhaps from other members of this Council; he was in support of what the Mayor said; he was against any more wrecking of ships in the community; they have enough of this; they have not been able to make these people conform to the laws and the rules and he did not feel he should extend them the right to continue another operation when he was sure and sincerely felt if they can't conform in one phase of their opera- tion they were not going to conform to the other. 6/1/71 S. 126 MAYOR MORGAN told Councilman Camacho he did an outstanding job on the box- ing matches in Kimball Park. MAYOR MORGAN commented on the sewers Mx. Waters was talking about a few minutes ago; the City has an application in with the Federal Government for $400,000.00 as a grant; the City of San Diego put in $247 000.00 so the City of National Citywill ' only in$1.56,0tX3.00ona»$800,000. or $900,000. project; if they get this done they have pulled something off that will be very helpful and beneficial to the people of National City. COUNCILMAN HOGUE said when they were improving Harbison they talked about doing Earl Drive; Earl Drive has no sidewalks; the young children who attend Palmer Way School have to walk in the street going to school; four of his neighbors on Earl Drive wanted him to ask when they were going to get Earl Drive fixed because they worry about the children walking in the street. Mayor Morgan said a majority of the peoplewere against it; they signed petitions against it. Councilman Hogue inquired if they could try it again. Mayor Morgan said that would be fine. MAYOR MORGAN said they were all interested in tax reforms; they should authorize or send a letter or resolution or something to people who repre- sent the County and the State of California and tell theta, whether they are Democrats or Republicans, to get busy and sit down and work out a tax reform for the homeowner. ORAL COMMUNICATIONS .. None. ADOPTION OP RESOLUTIONS Moved by Cainacho, seconded by Waters, the resolutions be read by title. Carried by unanimous vote. , RESOLUTION NO. 10,354, "RESOLUTION OPPOSING ASSEMBLY CONSTITUTIONAL AMEND- MENT 67 RELATING TO THE FUNDING OF REDEVELOPMENT PROJECTS BY TAX INCRE- MENTS AND TAX ALLOCATION BONDS." Moved by Camacho, seconded by Waters, Res©1ution l0 354 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,355, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (El Toyon Park)." Moved by Hogue, seconded by Camacho, Resolution No. 10 355 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,356, "RESOLUTION OF AWARD CF CONTRACT (Comfort Station - *KCimbail Park ). " Moved by Camacho, seconded by Reid, Resolution No. 10,356 be adopted. City Attorney McLean said the complaint against the bid of George Taylor Construction Co. by one of the other bidders appears to be a complaint about a clerical irregularity and the Council has the right under their bidding proc6dures to waive any irregularities in the bidding, and suggested if they did want to pursue the project they go ahead.._ Mayor Morgan inquired if that could be included in the motion. Moved by Camacho, seconded by Reid, the motion include that this contract be let out and immediate work be•in on this. Carried by unanimous vote. RESOLUTION NO, 10,357, "RESOLUTION AMENDING RESOLUTION NO, 100344 AUTHOR- IZING EMINENT DOMAIN PROCEEDINGS TO REDUCE THE TAKING." Moved by Waters, seconded by Camacho, Resolution No. 10,357 be adopted. Carried by unani- mous vote. RESOLUTION NO. 10,358, "RESOLUTION OF AWARD OF CONTRACT (Paving Asphalt). City Attorney McLean said in taking up this resolution they were also dis- posing of Item 1 under "New Business" ►Bids for paving asphalt: City Clerk's report of bid opening (V. R . Dennis Construction Co., 2,000 tons 3/8" Max. 60-70 paving asphalt, delivered to owners spreader $7,16 ton, � tax; 500 tons 3/8" Max. MC800 asphalt, delivered to stockpiles $7.16 ton + tax; Griffith Company, 3/8" Max. 60-70 paving asphalt, delivered to owner's spreader, 2,000 tons or more, less than 100 tons $8.15 ton, 100 to 199 tons, $7.65 ton, 200 tons or more $7.15 ton; 3/8" Max. aggregate, MC 800 paving asphalt, delivered to stockpile 500 tons or more, $8.65 ton; Daley Corporation 2,000 ton 3/8" 60-70 delivered to spreader $7.70 too; 500 ton 3/8" MC 800 to stockpile $7.70 ton; Industrial Asphalt, Inc. 2000 tons or more 318E Max. aggregate paving asphalt 60/70 delivered to 6/1/71 127 spreader $7.25 ton; 500 tons or more 3/8" Max. aggregate MC 800 in stock- pile $7.25 ton) the City Manager's recommendation the low bid of V. R. Dennis Constr. Co. be accepted and all others rejected the Act. Dir. Public Work's recommendation to accept bid of V. R. Dennis Constr. Co. (Certi icate of publication and affidavit of posting Notice to bidders on file.) Moved by Waters, seconded by Camacho, Resolution No. 10,358 be adopted. Carried by unanimous vote. RESOLUTIO3' ' NO. 10,359, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOP- MENT PERMIT PURSUANT TO ORDINANCE 1077 (National City Convalescent Hospi- tal)." Moved by Camacho, seconded by Hogue, Resolution No. 10,359 be adopted. Carried by unanimous vote INTRODUCTION C ' ORDINANCES Moved by Hogue, seconded by Waters, the first reading of the ,ordinances, be by title. Carried by unanimous vote. ORDINANCE PO. 1272, "An ordinance amending Ordinance No. 962 and Ordinance No. 1213 to allow liquid petroleum gas dispensing facilities in all zones wherein automobile service stations and garages are permitted." Moved by Morgan, seconded by Waters, the have the Chief to ive them a recomm;enda'» t ion how he was going to c9ntrol these. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1270, "AN ORDINANCE REPEALING ORDINANCE NANCE NO, 1268 RECLASSIFY- ING PROPERTY TO ZONE R-4." Moved by Camacho, seconded by Reid, Ordinance No. 1270 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, `Hogue, Reid, Waters. Nays: Morgan. ORDINANCE NO. 1271, "AN ORDINANCE AMENDING ORDI NAI CCES NO. 962 AND NO. 1077, ZONING ORDINANCES OF THE CITY OF NATIONAL CITY, PROVIDING POR SIGNS RELA- TING TO CHURCHES IN THE R-2 AND R-4 ZONES." Moved by Hogue, seconded by Camacho, Ordinance No. 1271 be ad.. trod. Carried by unanimous vote. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN reported the City's condemnation action against the California American Water Co. was proceeding; they commenced the taking of depositions of expert witnesses for the water company this: morning; they are still on schedule and hope to meet their planned trial date of October 18, 1971. APPROVAL OF BILLS BILLS AUDITED BY THE PXNANCE COMMITTEE were presented: General Fund $10,890.34 Traffic Safety 233.45 Capital Outlay 1,365.81 Park 1,352.89 Gas Tax No. 2106 50.00 Gas Tax No. 2107 1,303.89 Special. Street 350.00 Drainage 6,700.41 Sewer 351.12 Total 22,599.91 Moved by Camacho, seconded by Reid, these bills be aid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS The agenda listed an oral report by the City Attorney and the Director of Planning in regard to Scrap Disposal, Inc. City Attorney McLean said he transmitted to the Council an analysis of the zoning problems in relation- ship to Scrap Disposal and suggested the Council study the Planning Director's comments; they hope that at the next Council meeting the Council will give them some specific directions of the course of action Council deems appropriate. Moved by Hogue, seconded by Camacho, this item be tabled for fu”tre reference. Carried by unanimous vote. 6/1/71 le. 128 NEW BUSINESS A communication from the CITY MANAGER in regard to street improvements on 13th Street west of the proposed Orange Avenue and a map of the area were presented. Moved by Hogue, seconded by Reid, the recommendation of the Cit Mana er rtainin to the fm rovement of 13=th $treat nest of Gran Avenue be a► roved 3. A communication from the DIRECTOR OF BUILDING AND HOUSING recommending duplicate payment of sewer lateral fee in the amount of $150.00 be re- funded to Hart & Sons and that Sewez Permit No. 5618 be voided, the request by Hart & Sons for refund and a copy of Permits Nos. 5594 and 5618 were presented. Moved by Camacho, seconded by Reid, this be refunded to Mr, Hart & Sons Sewer Permit No. 5618. Carr ie d by unanimous vote. A communication from DR. J. B. ASKEW, DIRECTOR OF PUBLIC HEALTH AN) AIR POLLUTION CONTROL OFFICER in regard to prohibition of liquid fuel contain- ing more than sulfur effective July 1 was presented. Moved by Camacho, seconded by Reid, this be referred back to the Cit Mana er for furthernotice. Carried by unanimous vote. A communication from the DIVISION OF HIGHWAYS in regard to the National Transportation Planning Study (Functional Classification Study 11101-610861, Capital Improvement Program 13135-908051) was presented. Moved by Hogue, seconded by Camacho, on recommendation of the Cit Mana er the offer assis- t ance if necessar t o the Divis ion of Hi hwa s in re and t o the Nat iona1 Transportation..Plannan9 Study. Carried by unanimous vote. A communication from the DIVISION Op HIGHWAYS in regard to assembling of factual information for a report to the 1972 Legislature (1972-256 Study, 11101-610741) was presented, Moved by Hogue, seconded by Reid, this be Seftrred to the Cit Mana ear. Carried by unanimous vote. A communication fran the SAN DIEGO GAS & ELECTRIC CO. in regard to filing of changes concerning electric extensions to serve new customers as direc- ted by the California Public Utilities Commission was presented. Ordered filed ..,�, by unanimous vote, SAN DIEGO COUNTY WATER AUTHORITY'S resolution opposing Senate Bill No. 427 was presented. Moved by Hogue, seconded by Reid, the Council jo on record as „opposin9 Senate Bill No. 427. Carried by unanimous vote. A communication from the COUNSELOR, HILLTOP HIGH SCHOOL, requesting a refund of $10.00 fee to Floyd Ashton (student) who purchased a solicitor's license prior to the May 4 City Council meeting was presented. Moved by Camacho, seconded by Hogue, the re9uest be granted. Carried by unanimous vote. A communication from the CITY MANAGER in regard to the Legislative Bulletin dated May 21 and making recommendations in regard to legislation and the League of Cities Legislative Bulletin of May 21 were presented. Moved by Morgan, seconded by Reid, the Mana er cs recommendation be a roved. Carried by unanimous vote . The minutes of the regular meeting of the May 5 Library Board of Trustees were presented. Ordered filed by unanimous vote. The request for retirement effective July 16 for reasons of health by HARRY L. MURPHY, Sanitation Pump Maintenance Man, Public Works, was presented. Moved by Hogue, seconded by Camacho, this request for retir e- ment be approved and proper reco nition for his services be iven. Carried by unanimous vote. The request of the FIRE CHIEF to hire a temporary employee (Fireman) was presented. Moved by Camacho, seconded by Reid, the Fire Chief's request be 9ra�n� t Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan, Nays: Waters. 6/ 1/7 1 129 REPORTS CITY MANAGER OS8t N requested a Finance Committee meeting Monday afternoon at 4:00 if this was a suitable time. Moved by Hogue, seconded by Reid, the Cit Mana ex.'s recommendation be a roved. Carried by unanimous vote. CITY CLERK MINOGUB reported receipt of a communication from Congressman Waldie acknowledging receipt of a resolution relating to revenue sharing which was on file. CITY CLOG MINOGUE reported receipt of a communication from the PUBLIC UTILITIES COMMISSION in regard to the San Diego Gas & Electric Co. authority to increase rates by surcharging for additional franchise fees and enclosing Commission staff witness additional direct testimony which was on file. PLANNING DIRECTOR GERSCHLER said at the last Council meeting they had a request for a house moving permit for a building to go from 1623 "Fn Avenue to rear of 1329 E. 17th Street; they asked for a continuance at that time to allow the developers to amend their plans; they have the revised plan in front of them; he placed before them tonight a memorandum dated June 1, 1971 recommending approval of this house moving permit subject to three conditions; the applicants have reviewed the conditions and are willing to comply with them. Moved by Camacho, seconded by Waters, the City Planning Director's recommendation of a roval sub 'ect to the three conditions be approved. Carried by unanimous vote. Moved by Waters, seconded by Camacho, th, meet inz be closed. Carried by unanimous vote. The meeting closed at 8;26 p.m. City Clerk Cit of National City, calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of June 8, 1971. No corrections Correction as noted below t./ May. Ci y" M' National City, California