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HomeMy WebLinkAbout1971 09-21 CC MIN229 MINUTES OP THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OP NATIONAL CITY, CALIFORNIA September 21, 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 CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Biggs, 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 Rev. Wade McKinley, Highland Avenue Baptist Church. APPROVAL OF MINUTES MOVED BY WATERS, seconded by Reid, the mnutes of the regular meeting of September 14 , 1971 be ,approved._ Carried by unanimous vote. COUNCIL CC ++IUNICATIO NS COUNCILMAN HOGUE stated everyone was excited about ecology and he was for it; the Beautification Committee is outstanding; there are collection boxes located around the City for newspapers, etc, but there were several that in his opinion look like a City dump; there should be some kind of control put on: (1) Where these collection boxes are located; (2) How often are they dumped or emptied. COUNCILMAN REID said in regard to this suit, he was very pleased with the great job the City Attorney did yesterday; and he should be congratulated. MAYOR MORGAN said Mrs. Doris Beauzay came before the Council last week and asked Councilman Reid to come down and to make an award to a special citizen of National City; the award was received by Mr. Reid and that was the way they got him down there; it was a happy experience for him to see Joe Reid getting an award from this group of people because he does an outstanding job. MAYOR MORGAN said the agreement for the Tijuana River Flood Control was drawn in 1948; but the CPO cannot get a majority to authorize a statement of support fox this flood control; he thought the Council should go on record in favor of the flood control because this was approved at that time; Imperial Beach joins this flood control and San Diego and both of these cities are in favor of it; they should go ahead with this agreement; it would make it better for all of them in this South Bay area. Moved by Morgan, seconded by Reid, the City Manager be authorized too send a Letter to the Federal Army Engineers and tell them the Council of National City,,, was in favor of .proceeding with this project. Carried by the following vote, to -wit: Ayes: Camacho, 'Reid, Morgan. Nays: Hogue. Abstaining: Waters. MAYOR MORGAN suggested charging a percentage on a building permit of so much per unit to provide open space and pay for parks; these people create extra problems; when they get the building permit is the time to get the funds for open space and the parks extended in the City. Mayor Morgan said in the last three years there has been a three phase program to improve E1 Toyon Park; the Federal Government matches the money that the City of National City puts in on this project to complete it; it will be a beautiful park when it is completed; but this year they could not even match the monies the Federal Government wanted to give them; this way they will have the money and they could go ahead with El Toyon Park; they could go ahead with Las Palmas Park and they could go ahead with 9/21/71 230 Kimball Park/age little park up in Sweetwater Heights; they have a little spot at the National Award Homes and they have several spots around town they could do some t hi ng with; there was the problem at the Casa and this sort of thing; it was just something they couldn't do unless they had the money, The Mayor continue4,Chula Vista and San Marcos and other cities are doing this; it averages about $50 to $100 a unit for park anct open spaces. The Mayor requested the City Manager to check with the other cities and see how much they are charging for this plan and he would discuss this further with the Council at the next regular meeting. MAYOR MORGAN presented a plaque to Manuel Portillo who worked 20 years for the City; the Mayor said he did an outstanding job and they were sorry to see him 04 The PROCLAMATION of "*"FrRE PREVENTION WEEK" (October 3-9, 1971) was read. Moved by Reid, seconded by Waters, the proclamation be adopted. Carried by unanimous vote. ORAL COMMUNICATta S DONALD R. JONES, 2406 E. 19th Street, was present and said in his neigh- borhood they have had quite a rash of breakings and enterings; last week some of his neighbors lost watches, money, power tools, the front tire off of a motorcycle and there was untold vandalism and theft. Mr. Jones asked what could be done; Councilman Hogue said he was sure the Police Department had a program of recommending precautions to be taken; Mr. Jones and his neighbors might go to the Police Department and find out what precautions they were not taking. V"1NCENT S. CALDWELL, 2502 E 13th Street, was present and said both the local and San Diego newspapers carried accounts of the problems surround- ing the proposed Euclid Avenue Extension; both papers stated "He (Cald- well) wants $120, 000 for his, place and it was appraised at about $20, 000. " Mr. Caldwell said you can take a statement, extract the portion you desire and use that portion to produce impressions that are unlike the true intent of the whole statement; the individual representing National City who came to his home for the first and only City contact either didn't hear or listen to his expression of the potential use of the remaining property for apartments and many other considerations; the individualts ability to observe was limited because the visit was consum- mated in approximately 15 minutes, THOMAS P. GRAHAM, 2415 E. 13th Street, was present and inquired if any one of the Council or the Mayor could tell him how &iclid Avenue will, be zoned after it was extended. Mayor Morgan said they had no plans for, anS4, other zone other than what it was zoned at this time. Mr. Graham said potentially it was commercial zoning after they put a 4-lane road throw there and possibly apartments. Mr. Graham spoke of the Mayor's alleged statements that the extension of Euclid would give older people a street to drive slow on so they would not have to get on the freeway, that the State wanted the road in connection with the freeway (the facts that he gathered point to the contrary); the Mayor told .him it was a general rule it was necessary for people to have a 4-lane road to travel if they did not want to get on the freeway (according to Mr. Gary Schultz who designed portions of 805 through National City that portion of Euclid was deemed not necessary to any freeway plans), Mr. Graham said this next business week he was going to come down and talk to each councilman and the Mayor if he could arrange an audience and get the answers straight in his head because they have a committee meeting about the 13th Street situation. DON OXFORD (?), 2112 E. "I" Avenue, was present and asked why Euclid Avenue was necessary to go through. Mayor Morgan invited Mr. Oxford to come down to the Engineer's Department; Mr. Graham was coming down here to the Council and talk to the Council; they would go down and get maps. City Attorney McLean said he wanted to call to the Mayor's attention there was no provision in the rules for the conduct 9/21/71 231 of a meeting of a General Law City for a questioning and answering period between the audience and members of the Council; he had told the Council before this was out of order and he would advise him again it was out of order; the Council operates under the provisions of State Law which provides for a Manager and this was not a Town Hall form of govern- ment; he was advising the Mayor this dialogue was out of order. LARRY WIN LER, 1510 E. 5th Street, was present and reported double dump trucks have been coming up and down 5th Street spilling dirt in the street; he was wondering if there was some way they could get a cleaning crew paid for by the construction company who was filling the canyon up at 4th and Palm, they could clean it up; also they shouldn't be coming down 5th, a lightly traveled road,. VICE MAYOR WATERS said in regard to the people concerned about lath Street he would like the City Manager's office to see these people when they come in and he would like to be advised what questions in general they feel have not been answered properly and he would take each and every one of them and check them out himself. HEARINGS The CONTINUED HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE TO CREATE AN M-H HEAVY INDUSTRIAL ZONE AND ADD PROCEDURAL REGULATIONS POR CONLITIONAL USE PERMITS was held at this time. Planning Director Gersch- ler said the attorney for Scrap Disposal was present to address the Council, William Ward, 525 B Street, Attorney for Strap Disposal, was present and said he had been on vacation but had gotten back into this since he had returned and was quite encouraged by the progress and believed they had resolved the disputes except one which was not truly a dispute which was a matter of working out the technical standards for noise and vibration; they have an engineering firm now working on that and need additional time in order to complete it; they have received excellent cooperation from the City. Mayor Morgan asked if October 5 would be all right,. Moved by Camacho, seconded by Waters, the hearing be continued until October 5, 8:00 p,m, Carried by unanimous vote. The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC.81-71 TO RECLASSIFY FROM ZONE M--4, INDUSTRIAL, TO M•-H, HEAVY INDUSTRIAL, PROPERTY WEST OF CLEVELAND AVENUE NORTH OF 17TH STREET was held at this time. Moved by Camacho, seconded by Waters, this hears nor be continued until October 5 at 8:00 p.m. Carried by unanimous vote, The HEARING ON THE PROPOSED ORDINANCE TO ADOPT BY REFERENCE THE UNIFORM PLUMBING CODE AND APPENDICES Al 8, C, D AND F THERETO AS COPYRIGHTED 1970 BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFI- CIALS was held at this time. City Clerk Minogue said the Certificate of Publication was on file. City Attorney McLean said the law requires before the Council adopts a Uniform Code by reference it hold a public hearing; Mr. Biggs, Director of Building & Housing was present to egswer any questions that may arise concerning the Uniform Code; so far as he knew, there was no opposition to it; they might inquire if anyone wants to be heard,. No one was present in this regard. Moved by Hogue, seconded by Camacho, the hearing be closed and the second reading of Ordinance 1284 be resented to the Council b title onl . There was discussion. Carried by unanimous vote. The title was read. ORDINANCE NO, 1284, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFOR- NIA, ADOPTING, BY REFERENCE, THE UNIFORM PLUMBING CODE, 1970 EDITION, AND APPENDIX A,,, B, C, D, AND F, DECLARING AND ESTABLISHING REGULATIONS FOR THE INSTALLATION, MAINTENANCE, AND ALTERATION OF PLUMBING SYSTEMS WITHIN THE CITY OF NATIONAL, CITY: PROVIDING PENALTIES POR THE VIOLATION THEREOF: AND REPEALING ORDINANCE NO. 1209 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Moved by Hogue, seconded by Reid, Ordinance No, 1284 be adopted. There was discussion. Carried by unanimous vote,, 9/21/71 ADOPTION OF RESOLUTIONS MOVED BY CAMACHO, seconded by Reid, the resolutions be read by title, Carried by unanimous vote. RESOLUTION NO. 10,459, "COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500", Moved by Reid, seconded by Camacho, Resolution No. 10,459 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,460, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Lewis T. and Marguerite Stowelis ) , " Moved by Camacho„ seconded by Reid, Resolution No. 10,460 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,461, "RESOLUTION .AUTHORIZING EXECUTION OF CONTRACTS BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE AND THE NATIONAL CITY JUNIOR CHAMBER OF COMMERCE" Moved by Camacho, seconded by Reid, Resolution No. 10,461 be adopted. There was discussion. Carried by unanimous vote. INTRODUCTION OF ORDINANCES ORDINANCE NO. 1285, "An Ordinance Amending Ordinance 828 Relating to the Licensing of Dogs", was presented for first reading. Moved by Camacho, seconded by Reid, the first reading be b ti t1e. Carried by unanimous vote, The title was read. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN rccrted the claim against the City by Gene Smith was heard in Court today and defeated. CITY ATTORNEY McLEAN said the proceedings to acquire the water company were still on schedule; the trial date now is November 1. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $5,362.79 Traffic Safety 570.89 Park 104.42 Gas Tax 2106 287.25 Sewer 1,192,15 Total _ $7,517.50 Moved by Camacho seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue„ Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $111,864.77 was presented. Moved by Hogue, seconded by Waters, the payroll be paid*, Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None„ REFERRALS The agenda listed an oral report on business license for the Paris Pussycat Theatre. The City Attorney said he gave a written report to Councils Movedby Hogue, seconded by Camacho, this item be filed. Carried by unanimous vote. NEW BUSINESS The CITY CLERK'S report on the opening of sealed bids for the Plaza Boulevard Interceptor Sewer, Project No. HUD -WS -Calif . -422 (Charles J. Dorfman $789,820; M.P. Mi trovi ch $786,560; Matt J. Zaich $792,093; Henson Construction Co. $787,248; Tab Construction Co. $837,332), was presented. City Clerk Minogue stated the Certificate of Publication and Affidavit of Posting of Advertisement for Bids were on file. City Attorney McLean reported the staff evaluated the bids and after making corrections (which appear to be the result offmathmatical mistake by 9/21/71 233 one of the bidders) , it appears to the staff that the apparent low bidder was Harper & Henson. The City Attorney recommended Council authorize staff to seek the concurrence of the City of San Diego and the Department of Housing and Urban Development of our intention to award the contract to Harper and Henson,. Moved by Waters, seconded by Camacho, in favor of the City Attorne Is recommendation and the bid award b made to Her er & Henson. Carried by unanimous vote. Communications from the Mayor and the City Manager regarding off duty employment of City employees were presented. Moved by Hogue, these items be filed. Motion died for lack of second. Vice Mayor Waters requested the City Manager read the communications or give a breakdown in general of what it was all about. City Manager Osburn read the communication from the Mayor dated September 15, 1971 and his communication dated September 14, 1971. Moved by Morgan, seconded by Hogue, the Mayor's recommendation be approved. EARL CRAWFORD, 629 D Avenue, Crawford Detective Agencg was present and said one must have a license to do private patrol work within the State of California; Chula Vista doesn't do i t ; San Diego doesn't do it; the Sheriff doesn't allow it and will not allow any police officer or Deputy Sheriff from the Sheriff's office to do this work; if a reserve or regular deputy does this work he is terminated; according to the City Manager a police officer is not needed to patrol in the area where a policeman is on private patrol and since this situation has come up he had made note to keep out of the area; he is available to go f m one area into another to back up a police call; if the City is charginge§glice work on an hourly basis, someone was getting gypped; if he did that, he would be fired from the job. There was discussion. Moved by Reid, no City equipment goes out of here by no one on a private job and this City keep time for them and make out their paychecks; he didn't think it was right for his vote to sponsor this; he was moving that no City employ1e use no equipment and if there was functions going on this City feels was ours and we have them, different things, they will send a couple of men and their equipment and ask a few reserves to go and pay them. Motion died for lack of second. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: Reid. A communication from the CITY MANAGER in regard to the walkway into the Civic Center from National Avenue was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER outlining the staff recommendation that an application to relocate a building to 2233 Prospect be approved and a communication from the DIRECTOR OF BUILDING & HOUSING requesting an interpretation of Section VI of the House Moving Ordinance were pre- sented. Moved by Camacho, seconded by Reid, the City Manager's recommen- dation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid. Nays: Waters, Morgan. A communication from the DIRECTOR OF BUILDING & HOUSING recommending the request to move a building from 2010 Sweetwater Road to 2503 Sweetwater Road be granted subject to seven conditions, an application and a drawing were presented. Moved by Reid, seconded by Waters, this be laid over for October 12. Planning Director Gerschler said they would take it to the Planning Commission at their next meeting (October 4). BOB ARMSTRONG, 5109 Glen View Place, Bonita, was present and said this was a business for himself; it was going to be a drive -through dairy store; his problem was he had a 30 day or a 90 day removal period; he bought the building from the State of California and he would request not to have it delayed so that he could go before the Planning Commission to get it taken care of so that he could get it off by October 31. Carried by unanimous vote. A communication from R. E. SULLIVAN, owner of property at 616-620 National Avenue, stating he does not object to the closing of 6th Street so long as he is assured the sewer and easement will be maintained was presented. Ordered filed by unanimous vote. 9/21/71 234 A communication from the CITY CLERK OF CHULA VISTA stating that the Chula Vista City Council took no position in regard to the Supervisorial Redistricting Plan No. 13 was presented. Ordered filed by unanimous vote. A communication from the PRESIDENT,, BOARD OF TRUSTEES, SAN DIEGO YOUTH SYMPHONY, thanking the Cbunci 1 for their support and generosity was pre- sented. Ordered filed by unanimous vote. A communication from the MANAGER, ENGINEERING LAND DEPARTMENT, SAN DIEGO GAS & ELECTRIC CO., stating they will install a new section of gas transmission main in National City to act as a tie between two existing mains (one in "D" Avenue, the other in Palm Avenue) and they will coordi- nate activities with the City was presented. Ordered filed by unanimous vote. CITY CLERK MINOGUE stated Agenda Item 11, "Request of Fire Chief for proclamation of 'National Fire Prevention Week' Oct. 3-9" had already been taken care of. A communication from WHITTINGTON and RAMM in regard to the property east of 21st Street and "L" Avenue stating they are willing to grant 10' sewer easement to the City in return for sewer connection fees normally charged to serve the parcel and waiver of the requirement to remove good asphalt pavement and replace it along "L" Avenue frontage as requested by the Engineering Department and a communication from the Director of Building & Housing stating the sewer connection fees would be $1,718 and the sewer easement requested is 3 ,251.8 sq. ft. were presented. Moved by Hogue, seconded by Camacho, communication comunication from Whittington and Rammn and their request and theme recommendation be approved by the Council. Charles Ram, of Whittington and Rama, 640 Floyd Avenue, Chula Vista, was present and said he was interested in the approximate date the work could be done as they plan to start construction November 1-15. City Manager Osburn said his next recommendation to the Council would be to authorize them to proceed with the preparation of plans and going to bid on this project; they hope to get it through just as fast as they can for the people north of him who are having septic tank problems. There was discussion. Carried by unanimous vote. The request of DISABLED AMERICAN VETERANS to sell Forget-me-not flowers November 1l, 12, 13, the report of the Business License Clerk and the City License Collector's recommendation the request be granted were pre- sented. Moved by Waters, seconded by Camacho, the Disabled American Veterans' request to sell flowers November 11 12 13 be a roved. Carried by unanimous vote. The request for a no fee permit by the NAVY WIVES CLUB OF AMERICA, YOUNG MATRONS NO. 3 and LARCS to cosponsor a rummage sale October 4, VFW Hall, 541 E. 24th Street, the report of the Business License Clerk and the City License Collector's recommendation the request be granted were presented. Moved by Waters, seconded by Camacbo, the Navy Wives Club request be aranted. Carried by unanimous, vote. REPORTS CITY MANAGER OSBURN reported receipt of a notice from the State Highway Department that due to restraints on the release of Federal Highway funds for routes 5, 54 and the Sweetwater Flood Control Channel, the project will not go to bid until the second half of calendar year 1973; they expect to complete the plans by July 1972; this is a delay from their previous schedule and he though it worth bringing to the Council* CITY MANAGER OSBURN reported receipt of three notices regarding a meeting to be held tomorrow at 9:30 by the CPO, Comprehensive Planning Organi- zation, relating to the OSTI Project, the Organization for Social and Technological Innovation; this meeting has been delayed until further notice. 9/21/71 235 CITY MANAGER OSBURN said there was an error in informing Mr. Portillo that he could retire at present; a miscellaneous employee cannot retire until he has reached the minimum age of 55; Mr, Portillo may leave his money ondeposit and be eligible for a pension at 55; City Manager Osburn said their action last week was to put him on the eligibility list for a six months period; he was not eligible to go on the re-employment list for 18 months; he recommended he be laced on this re-'eni 1oymentt. Moved by Camacho, seconded by Reid, the Ci Man s, recommendation be approved, Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of a reply brief of the Commission staff in the matter of the application of the San Diego Gas & Electric Co. for an order authorizing Certificates of Public Convenience and Necessity authorizing it to exercise electric and gas franchise rights in the City of San Diego for authority to increase rates by surcharging for additional franchise fees and authority to deviate from Applicant's Rule 31 (Application No. 52250 before the Public Utilities Commission).. CITY CLERK MINOGUE reported receipt of a notice of prehearing conference before the Public Utilities Commission on three applications of the San Diego Gas & Electric Co. for authority to increase rates and charges for electric service, gas service and steam servi de, etc. A transmittal from the Planning Director stating the Planning Commission recommended a Speical Use Permit for a commercial automobile storage lot at 135 W. 30th Street (Howard J. Kruegel) be approved subject to four conditions was presented. Moved by Hogue, seconded by Camacho, this x z^ammend 12 ref ti Cp {scion com a nda.tion of the Plannin Co�ntniss 'on sub `�ot__to the four condi trans erta3n:nca to Howa.*d Kxu el b a r d. HOWARD JAMES KRUEGEL, 260 National Avenue, was present and said the property would be used to store automobiles.. Carried by unanimous vote, The Planning Director's transmittal stating the Planning Commission recommended the request for street closing be denied (24th St. east of "N" Ave. from an 80' to 60' right-of-way; note applicant's filing fee of $200 could be refunded If it is found that no substantial costs to the City have been incurred) was presented. Planning Director Gerschler said the Planning Commission's recommendation was to deny the closing of this two block portion of 24th Street; he called their attention to the remarks regarding the $200 filing fee. Moved by Waters, seconded by Reid, the Plarinin Commiss'on's and staff's recommendation be apprroved and the 200 be refunded to the owner. Carried by unanimous ate, The Planning Director's transmittal stating the Planning Commission recommended the application for amendment to R«-4-Pia, Residential Planned Development Permit No. 33, 2700 block of Lincoln Court, north side, Starfire Homes, Inc., be approved as recommended by staff with the ex- ception of sub -item 2 of paragraph 2-ab be amended to make the fence a minimum height of 4' was presented.. Planning Director Gerschier said the only change in the plan was to readjust the outdoor play yard for children to allow four separate parcels for play rather than the original single parcel,. Moved by Camacho, seconded by Reid, the Planning Direc- tor's and Planning Commission's recommendation be approve on s b oc o_ , i ncoln urt an at e a xQ a vtn era con :ions Carried by the foll.owy ng vote, to --wet: Ayes; acho, R Vaters, Morgan. Nays: Hogue. MAYOR MORGAN asked the Planning Director how long it would take for him to present something to Council on fences, instead of wood making it block. Planning Director Gerschier asked if he meant in case of backup lots in a rear yard on a street. Mayor Morgan said just like they built Euclid Avenue up; they put it in out toward Euclid and they get the 9/21/71 236 mcwoura panels knocked off and they have to look at it. Planning Director Gerschler said a suggested regulation for that particular issue could be presented at their next meeting if they liked. Councilman Hogue said what the Mayor meant was block fence instead of wood, right? Mayor Morgan said a block fence instead of wood. The TRE,r:SURER-FINANCE DIRECTOR'S financial Statement for the month ended August 31, 1971 was presented. Ordered filed by unanimous vote* Moved by Waters, seconded by Hogue, the meeting be adjourned to October 5, 1971. Carried by unanimous vote. The meeting adjourned at 8:47 p.m. City Cler ty� Na ion s. Ci tCalifornia The foregoing minutes were approved by the ; i ty oun �t 1 of National City at the regular meeting of October 5, 1971. No corrections I Correction as noted below Mayor, ` it ional City,, California a 9/21/71 �TT