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HomeMy WebLinkAbout1999 01-26 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JANUARY 26, 1999 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 1999. COUNCIL AGENDA 1/26/99 Page 2 INTERVIEWS/APPOINTMENTS Parks & Recreation Advisory Board - Appointment PUBLIC HEARINGS 1. Public Hearing: Establishing Underground Utility District No. 21 (Phase II) on Highland Avenue from eh to 16th Streets. (Engineering) '"`Refer to Item #7 CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 99- (3 Resolution of the City Council of the City of National City authorizing the City of Chula Vista to make application for a Household Hazardous Waste Grant on behalf of the City of National City. (Public Works) 3. WARRANT REGISTER #29 (Finance) Ratification of Demands in the amount of $365,692.98. Certification of Payroll in the amount of $507,956.72. COUNCIL AGENDA 1/26/99 Page 3 CONSENT CALENDAR (Cont.) 4. Claim for Damages: Sophia Elliott (City Clerk) 5. Claim for Damages: Jeffrey Sears, Sr. (City Clerk) NON CONSENT RESOLUTION 6. Resolution No. 99-11 Resolution of the City Council of the City of National City approving the Mayor and City Council's response to the report of the San Diego County Grand Jury. (City Manager) 7. Resolution No. 99-12 Resolution of the City Council of the City of National City establishing Underground Utility District No. 21 (Phase II) on Highland Avenue from Eighth to Sixteenth Streets. (Engineering) ""`Refer to Item #1 OLD BUSINESS 8. Supplemental report on Planning Commission recommendation to initiate an amendment to the Noise Ordinance. (Planning) NEW BUSINESS - CITY MANAGER —> CITY ATTORNEY COUNCIL AGENDA 1/26/99 Page 4 NEW BUSINESS (Cont.) OTHER STAFF —> MAYOR CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - February 2, 1999 at 3:00 p.m. - Council Chambers. Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor JANUARY 20. " 999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: PARKS & RECREATION ADVISORY BOARD Currently there are two vacancies on the Parks & Recreation Advisory Board. Ms. Damianna Leo iey was interviewed by the City Council and has expressed a desire to serve on the above -subject Committee. if there are no ::bjections, I recommend we appoint Ms. Lepley to serve a full term on the Parks & Recreation Advisory Board which ends on March 31, 2002. This item will be placed on tne Council Agenda for the meeting of January 26, 1999. GG EORGc H. A.TERS MAYOR HW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much bacxaround information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National C'ty. Please note: This application will be kept on file and under consideration for one {1) year from the date it is submittec- PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board '/ Parks & Recreation Advisory Board Serra Library Systems Board------5 Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: L, P (` (Last) i Home Address: // (c Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee t'.1 1q r7 GL1 _ ,r7 Sf"f (First) Birth Date 1~ 7 %,-0/.53 (Optional) Telephone: Residence ( ) Business/Work ( Ainfri_ ) NUMBER. OF YEARS YOU HAVE LIVED IN: CALIFORNIA?"' . SAN DIEGO COUNTY? l3 V Yr. NATIONAL CITY? ) r►r r' _ ARE YOU.A REGISTERED VOTER: YES X NO ;=I MFCD MISStc. Ap tCANTSL11 Colleges attended and degrees held, if an : IC�,Oir� icy,.' %'.�� �. �cu ;�v / L , / , ��, L.L — hoRp, , l'",1 1r + -r C.X1 ' (7 lYJ " > >' = * Sul-i&' Related Professional or Civic / �/ '` �r� 1 P''� '/ ���' 'cal /mooted of /Experience: ear �' ,�.-np ,., c /�r� %��`'7"�/ [7..c'C-f/ar r /t �aN:r .:7 tJ'/1),,,i-, 7. ,,,-/ G:4-.: Ps cvl.iv(Jp_y, d*� 1-.c. vs. ir?c✓cp - / a <-t e c l-O �(J r . R , P n L,r, ..F_ /'r7l7,4. , /r�^J...P ,A,,,vi: a (.S: ,., %0 `f I i_!;4r- Sex i'0 PLEASE INDICATE BELOW ANW FURTHER INFORMATION THAT WILL BE Cot VALUEC/( -1k0Cigc REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: A.,. j0, y7//Pr,,)1�/'P��',-)+z,r�-4-- t�--� /fit,-� �1nni //1,4-,/ Z %'.-=:i= t21 7-- Cr.( s r_t^i(rr , j .fQ Y 7T/P / 14110 r n4JP1 r1Pn�i �/ s,ii�f� l ...,_r - —....r'rlr y ')r r<•s - - ' / / 7G�FG('OLAbCY hp)./7 1kl e-ncdr caQ F,' f IMP , = Proms J �9 / (/.Th1 Oi _T 'oZCO s' cc '—=7 C_1L_._y,e > , DATE: / — F. YOUR SIGNATURE 7�L Cyr ( cr//Z�-its ? ,_.29-_- ��!l���L�� RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 431950 ATTACHMENT TO APPLICATION: DAMIANNA M.L. LEPLEY Dear Mayor George Waters and City Council Members: I have done volunteer work within my religious community ranging from 3 years old to Seniors since 1971thru 1994. President of "Primary Children's Organization" Ages 3 years thru 12 years old boys and girls Primary First Counselor Primary Teacher's Instructor Primary Teacher Young Women's Orpni7ation First and Second Counselor Ages 13 years thru 17 years old Young Women's Orrnization Leader Ages 13 years thru 14 years old Relief Society Women's Organization Instructor of Social Relations: Cultural Rennemem Ages 18 years and older Sunday School Ward Secretary Music Director I am presently involved in teaching the Hawaiian Hula as a volunteer at the National City Senior Center_ and I have been involved with volunteer work at the Honokaa State Hospital in Honor .1H while there in 1996-1997. I served as the assistant volunteer manager for a City Counsel ranc*idate this pia election I am very interested in the activities concerning our Youth and Senior Citizens. i was races by my gtandoarents. and lived with and cared for them untill I moved to San Diego at the age of 32 years old. I am a mother of three gown, young adult children ages 23 yrs.. 22 yrs.. and 18 vZs. Old. and a 10 yr. Cta. With my experience and concern for "our children's" future as well as our futtt e. I be ie:e Mat I can be an asset to the City of National City. Sincerely, Damianna M.L. Lepley City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 REFER TO ITEM #7 1 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING - ESTABLISHING UNDERGROUND UTILITY DISTRIC\ NO. 21 (PHASE II) ON HIGHLAND AVENUE FROM 8TH TO 16TH STREETS PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION - On January 12, 1999, the City Council by Resolution No. 99-2 set January 26, 1999 as the date for receiving public comments on whether the Public Health, Safety or Welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services on Highland Avenue from 8th to 16th Streets (Underground District No. 21, (Phase II). Notices of the Public Hearing (attached) have been sent to all of the affected property owners (Exhibit B). If the City Council adopts the district (proposed boundaries for the district are shcwn on Exhibit "A"), Staff will prepare a Resolution for the formal establishment of District No. 21 (Phase II). Environmental Review Financial Statement N/A N/A 42n TAFF RECOMMENDATION Hold the Public Hearin l�'�' /�•✓ BOARD/COMMISSION RECOMMENDATION N/A Account No ATTACHMENTS (Listed Below) Resolution No 1. Proposed District 21 (Phase II), Exhibit "A" and "B" 2. Notice of Public Hearing 3. Resolution No. 99-2 Pub:- A-200 (Rev a,e_i Exhibil "A" If ' ••••11 41. I.. 11 A i! A• 1 1,1 , III (1 . a ' a: 0.) -11 ml MAP 0*9 Ill IV/ me • ell 1,1 0 014 Oft Op 444 ' ton gel I //11 011 loY) PI Ii III VII MATC14 LINE. SCALE 1". on' IAP HATCH LINE. 1(4 1444) 1•411 .•.,. -4711i nal UPI "P.."... - • . 111" "II Oil 0 F. ;,;• __ ...... :t :: . I.: 161k 4 /AM t9 ' R R PI•-- 11 11 it ts. 1,1 ! 11 1 a, i/ 11 t I v ; S 1 L!'ite 1 I I to I I. or" ,11111 1 11 1." 4 PI iiii4I 1110 • ..-. — le /11./. -X: lir lel ". '" " ' "'' SOP IND A FlY OF 11,1 ... '1 le 1101 4 li 1\1 0 F. ri (III 0 U HI') - _ - . MAP— - I,uT11.1'1" Y 015i. 91 I•7:.C.,‘ 1.4;: 11 1110 P11 n5F. 2 _. • 11 Me • -'-i131I ST 4 1 .1/ :`.1 Ai is 11 141.1. Kb 4.14 ST • SO MAI AI I ail tut 1411041 UNIXRGR Ourin UTILITY nisi -Mc -I* No. 2 PHAS€ 2 Illealll_AND AVE. FROli 8 TH ST To 16TH ST () R I C.1 i it I. CITY OF NATIONAL co iv th, a'', r a r,a tail i ti; ...0 v.; r.lt . Exhibit "B" A.P.N. Owners Name and Address Site Address Business/Home/Other • 556-492-15 Hauser A L Jr Tr 3210 Xenophon St San Diem Ca 92106 820 Highland Ave Business 556-492-17 Scripps Bank Trustee; Fbo Scnuiman Ruth POBox 8469 La Jolla Ca 92038 910 Highland Ave Business 556-492-18 Scripps Bank Trustee; Fbo Scnuiman Ruth POBox 8469 La Jolla Ca 92038 910 Highland Ave Business 556-510-05 Jones Sidney VV Jr, & Eugenia M. 845 Hiahland Ave 845 Highland Ave g Business 556-510-06 8raudaway Allen G. TR (DCSD) co Meiaine G. Oliver 3477 Arthur Ave. San Deco. Ca 92116 903 Highland Ave Business 556-510-07 Jackson Cart 933 Highland Ave 927 Highland Ave I Business 556-510-35 Firestone Real Estate Leasing Co CIO Firestom Tire & Rubber Co. 50 Century Blvd Nashville in 37214 943 Highland Ave Business !� 556-560-43 Shapiro Rooert Family Trust12-30-92 Shapiro Robert L. Tr. 1827 Main St San Dieao Ca 92113 1000 Highland Ave, Business 556-560-44 Mitcriell Investments 1827 Main St San Diego Ca 92113 1020 & 1030, (1050, A thru E) Hiahland Ave Eusiness 560-131-06 Teiacu Housing National City Inc 5400 E Olympic Blvd # 300 Los Angeles Ca 90022 1424,1426,1428 Highland Ave Vacant _.ot 560-131-08 Waters George & Victoria 1342 Carei pi 1440 Highland Ave 9 Va�ri 560-131-09 Waters George & Victoria 1342 Carol PI 1436 Highland Ave Business 560-131-18 Epstein investments 25 oanama one Coronado Ca 92118 1542 Highland Ave !Business 560-131-19 Epstein investments PO Box 428 ` icnita Ks 67201 1548 Highland Ave 'Business APN Owners Name and Address Site Address i Busing=s/Home/Other 560-131-31 Agpaca Fionno & Corazon R Agpaca Ferdinande R and Nancy S. Agpaca Rodel R; 1442 Highland Avenue. Natione: City. CA 91950 1442. 1444, 1446 Highland �_ usiness Ave 561-011-08 Nescn Max Tr 2555 Clove St San Dieco Ca 92106 1201 Highland Avenue; Business 1205 Highland Ave 561-011-10 Accuaac Phiiip & Katherine 1293 Riccev St ElCaion Ca 92020 1231,1235,1241,1243 Highland Ave National City ISusine� 561-011-11 Cncx Rcoert PO Box 8009 Ranc is Santa Fe Ca 92067 1245,(1245 A,B),(1247 Ste.1 thru 81 Highland Ave cusiness 561-013-12 Evanucu Freddie & Penelope Trust 3590 Front St #J San Diego Ca 92103 1441 Highland Ave BusinEs.s 561-013-13 Evanuct3 Freddie & Peneiope Trust 3590 Front St 1J San Dieao Ca 92103 1429 Highland Ave 561-013-14 Matra g Romulo V. & Eleanor B. 6064 Daisy Ave San Diego Ca 92114 1425 Highland Ave. 1427 Highland Ave. 1427 (A,B,C,D) Highland Ave. Business Business i Apartments 561-013-17 Ury Gecrce A Tr 511 Highland Ave 1343 Highland Ave 1343A Highland Ave Business Residence 5661-013-18 Urr Geer ge A Tr 511 Highland Ave 1329,1333,1335A,1335B,13 45 Highland Ave a Business 561-013-21 Kvasnr.' Batia 1309 Highland Ave 1309 Highland Ave EUsinFS 561-013-22 Rance .;oseph; Rosa 1401 Highland Ave 1401,1417 Highland Ave (1427A,B,C,D) Highland Ave usins A.par-ent 561-040-03 Shrcier Bernice G Trust 06-14-96 1115 E =th St National City 1519 Highland Ave Business 5661-040-04 Canscn Harold 5106 Federal Blvc= 2 San Diego Ca 92105 1515 Highland Ave Business 561-040-05 Barier_ Eugene F. & Norma M. 1519 - _niand Ave. 1519 Highland Ave i Business 561-040-02 York G _ce B Revocable Trust 07-18-90 489 Berand Way Chula Vista Ca 91910 1533 Highland Ave Business 561-060-07 Sotc :-c=.mow M & Laydis S. 1611-C-.and Ave Nattsna; amity. CA 91950 1611 Highland Ave Sus mess 561-060-08 Co.;a=arccn Jose & Gloria T. Revc,ace Trust No. 1619 Higniano Ave Nat:cra. 1.:itv. CA 91950 1633 Highland Ave. 1639 Highland Ave. I 2, LIsir=_ss City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HFARLNG NOTICE IS HFREBY GIVEN that the City Council of the City of Nazional City will hold a public hearing after the hour of 6:00 p.m., Tuesday, Janus 26, 1999, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California: TO DETERMINE WNF HER PUBLIC H l+ ALTH. SAFETY, OR WELFARE REQUIRE 111E FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR HIGHLAND AVENUE FROM EIGHTH TO SIXTEENTH STREETS DISTRICT NO. 21 (PHASE II) Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in coup, you may be limited to raising only those issues you or someone else raised at the public he Ong described in this notice, or in written correspondence delivered to the under =ed. or to the City Council of the City of National City at, or prior to, the public heari_a. DATED: January 13. 1999 ii Michael R. Dalla ' Clry Clerk of the City of National City, California TO BE PUBLISHED ON SATURDAY. JANUARY 16. 1999 RESOLUTION NO. 99 - 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HLALTH. SAFETY, OR WELFARE REQUIRE LHr. FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR HIGHLAND AVENUE FROM EIGHTH TO SIXTEENTH STREETS (DISTRICT 21 - PHASE II) BE IT RESOLVED by the City Council of the City of National City as follows: VPR } R E a S, Ordinance No. 1414 establishes a procedure for the creation of underground ut iry districts and requires as the initial step in such procedure the holding of a public hearing -c ascertain whether public health, safety, or welfare reauires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service in any such distric : and WHEREAS, it has been recommended that such an underground utility district, hereinafter called the District, be formed on Highland Avenue from Eighth to Sixteenth Streets. The boundaries of said district, which is designated as District 21 - Phase II, are delineated on the attached Exhibit "A", which is hereby incorporated as part of this Resolution. NOW. iHLREFORE. BE IT RESOLVED as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the Council of the City of Na_c:al City on Jarnlarzv 26 , 1999, after the hour of 6:00pn, in the Council Chambers of the Civic Center, 1243 National City Boulevard. National City, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead :sires and associated overhead structures and the underground installation of wires and facilitiesfor supplying electric, communication, or similar associated service in the District herenacove described. 2. At such hearing all persons interested shall be given an op^ortunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 3. The. Cl:';Clerk shall notify all affected property owners as shown on Exhibit "B" and utilities con__rned of the time and place of such hearing by mailing a copy of this Resolution to su:n property owners and utilities concerned at least ten 10) days prior to the date thereof. Resolution No. 99 -2 Page Two 4. The area proposed to be included in Phase II of the District is shown on that certain Map entitled Proposed Underground Utilities District 21 - Plate II, which is on file in the office of the City Engineer of the City of National City. PASSED and ADOPTED this 12th day of January, 1999. George H! Waters, Mayor ATTEST: Michael R. DaIa, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney RESOLUTION NO. 99 -12 RESOLUTION OF 113ii. CITY COUNCIL OF IiW CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.21 (PHASE II) ON HIGHLAND AVENUE FROM EIGHTH TO SIXTEENTH STREETS WHEREAS, a public hearing was called for Tuesday, January 26, 1999, at the hour of 6:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as follows: Highland Avenue from Eighth Street to Sixteenth Street. WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 21 of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District; BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 21, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by Resolution No. 99 -12 January 26, 1999 Page Two personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commit ion of the State of California as of the date of adoption of this resolution. BE IT FURTHER RESOLVED that the Cotim-it hereby finds that the Underground Utility District herein created is in the general public interest for the following reason: The streets, roads or rights of way in the district are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. PASSED and ADOPTED this 266 day of January, 1999. George H. Waters, Mayor Ai'LEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: /1 'J _ .• � George H. P r, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 2 AGENDA ITEM NO. ITEM TITLE A RESOLUTION AUTHORIZING CHULA VISTA TO MAKE APPLICATION FOR A HOUSEHOLD HAZARDOUS WASTE GRANT ON BEHAJ,F OF NATIONAL CITY PREPARED BY C.R. Williams, J EXPLANATION See attached explanation. DEPARTMENT Public Works Environmental Review X N/A Financial Statement No impact on General Funds. Reduced cost to Refuse Enterprise Fund. Account NoN/A STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 99-10 Resolution No. Subject: Authorization for Chula Vista to make application for a Household Hazardous Waste Grant on behalf of National City. Issue: Should National City join with Chula Vista, Coronado and Imperial Beach to support a REGIONAL application for a Household Hazardous Waste (HHW) Grant to be submitted by and administered by Chula Vista. References: AB939 requires all Jurisdictions to have a Household Hazardous Waste element in their Solid Waste Diversion Plan. Assembly Bill 1220 (Eastin 1993) provides for Grants to local Governments to establish and implement Household Hazardous Waste programs. Recommendation: That the attached Resolution, joining with Chula Vista, Coronado and Imperial Beach in applying for a Household Hazardous Waste Grant, to be administered by Chula Vista be approved; and that the City Manager, or his designee, be authorized to sign all required documents. Fiscal Impact: The Refuse Enterprise Fund is budgeted to cover all of the costs of the proposed Residential Household Hazardous Waste program (which program will be formaiiy presented for your approval in the very near future). Essentially, the program will, throuch Chula Vista, hire a contractor to pick up Household Hazardous Waste from residences. by appointment. No General Funds will be required for that program. The purpose of the Grant for which application approval is being requested will be to: a) partially fund a new HHW drop-off facility to be constructed adjacent to the Ctay landfill and operated by Chula Vista; b) fund a Regional Residential Collection Program for the disabled or elderly; _ c) partially fund the Residential Collection Program for able residents; d) add sharps (needles) and some other HHW not currently covered by the program; and e) develop and implement Public education and promotion programs for the South Bay. There are a number of associated costs: a) Provision of a -Hot line" to respond to Citizens' requests for information, and to provide appointment service; and b) purchase and delivery of the "collection" kits; Chula Vista will fund these costs from available "Used Oil Grant" monies, since this Residential pick-up program includes waste engine oil. In addition. Chula Vista has offered to assume all contract administration costs from its other resources. The Grant and Chula Vistas assumption of the above costs, will reduce the amount of Refuse Enterprise Fund monies required for the HHW Program, with zero impact on Genei Funds. Backcrcund: This HHW program was, in the past, handled by the County funded from tipping fees. When the County divested itself of the landfills, it also divested itself of the tip fees. Since the divestiture. the HHW program has floundered. We have contracts with Poway and Vista for our citizens to use those Cities' HHW drop-off facilities (for a fee to our City), and Coronado permitted our citizens to use their HHW facility, also for a fee to this City, for awhile. All of these are inadequate. Edco is planning on a drop-off facility, available tc ail cities, as a part cf their La Mesa facility; but it is not operational at this time. Staff 'or National City, Chula Vista, Coronado and Imperial Beach have been working for some time to develop a proper HHW program. Establishment of a Residential pick-up program at an estimated $75.00 per pick-up cost ($70 City/$5 co -pay by Citizen) was determined o be an appropriate interim (if not permanent) solution, and negotiations with a contr=r have been fruitful. As mentioned previously, this plan will formally be before Council in the near future. The availability of this Grant monies will reduce our costs. Conclusion: This Grant will ease the financial burden on our citizens for the availability of a HHW dre: - off site near Otay landfill (at zero cost to our citizen) and the availability of a Residers ai HHW pick-up at a nominal co -pay cost to our citizens. It is strongly recommended that approval be given to join with Chula Vista, Coronado and Imperial Beach in applying =cr this HHW Grant, to be administered by Chula Vista. Alternatives: National City must have a viable HHW program. Although our contracts with Poway and Vista, and our short term agreement with Coronado to use their drop-off facilities will keep us out of immediate non-compliance with the California Integrated Waste Management Board (IWMB), some permanent type solution must be put in place. Without this Grant, ail elements of cost, proper to National City, will need be borne by our Refuse Enterprse Fund. This could trigger an increase in trash rates for our citizens. I see no viaie alternative. RESOLUTION NO. 99 -10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY OF CHULA VISTA TO MAKE APPLICATION FOR A HOUSEHOLD HAZARDOUS WASTE GRANT ON BEHALF OF THE CITY OF NATIONAL CITY WHEREAS, Statutes of 1993, Chapter 656 (A.B. 1220) provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary proc.res governing application for grants by cities and counties under the program; and WHEREAS, it has been proposed that the Cities of National City, Chula Vista, Coronado and Imperial Beach support a regional application for a Household Hazardous Waste Grp to be submitted and administered by Chula Vista; and WHEREAS, the City of Chula Vista, as the applicant, will enter into an agreement the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED that the City of National City authorize the City of Chula Vista to submit to the California Integrated Waste Management Board a re_ onal application for the Household Hazardous Waste Grant - Seventh Cycle, on its behalf. The Cl of Chula Vista is hereby authorized and empowered to execute all necessary applications, con ants, payment requests, agreements and amendments hereto for the purposes of securing grant funds to implement and carry out the purposes specified in the grant application. PASSED and ADOPTED this 26th day of January, 1999. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT 3 MEETING DATE January 26,1999 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #29 PREPARED BY Adella M. Salazar EXPLANATION. DEPARTMENT Finance Ratification of Warrant Register #29 per Government Section Code 37208 Environmental Review Financial Statement N/A N/A Account No STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $879,162.58 BOARD/COMMISSION RECOMMENDATION Cie z ATTACHMENTS (Listed Below) Resolution No. 1. Warrant Register #29 2. Worker's Comp Warrant Register dated 01/19/99 n.mo w, =ieo, TO: FROM: SUBJECT: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 HE MAYOR AND CITY COUNCILMEMBERS MARIA L. MATIENZO, FINANCE DIRECTOR RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 29 GENERAL FUND TECHNOLOGY FUND LIBRARY FUND PARKS MAINTENANCE FUN RETIREMEjT FUND P.O.S.T. F -ND LOWER SWE WATER FUND SEWER S,T.RVIT= FUND EMT-D REVOLVING FUND TINY TOT CLASSES FUND GRANT -NC SU_ PR. OF DR GRANT -LOCAL LAW ENF. NPT BUS DONATIONS FUN CIS; C _=' ___. REFURB! S 100,946.50 891.20 1,850.82 2,364.63 16,245.50 1,165.50 144.53 80,036.33 242.70 67.26 144.53 457.94 231.39 169.90 RE(' T- PA_ CL F== PERIOD 12/29/98-01/1i/95 TOTAL. 30TH STREET CLEANUP F 750. LEASE ESCROW FUND 9,204.01 SOUTH BAY COMMUNITY S 20,859.0 GRANT-C,D.B.G. 45,947.=5 CDC PAYMENTS 6,516.3-5 TDA 26,8G6.== FACILITIES MAINT FUND 16,935.67 LIABILITY INS. FUND 6,759.07 GENERAL SERVICES FUND INFORMATION SYSTEMS M 483.85 OFFICE EQUIPMENT DEP= TELECOMMUNICATIONS RE INFORMATION SERVICES MOTOR VEHICLE SVC FUN 7,599.1 TRUST & AGENCY 2,727.55 507, 95=. I HERESY _ THAT THE DEMANDS AS LISTED ABOVE AND :717.TEIRED BY: RANT NUMBERS 153149 TpoTTCR __'J:_L._ ==DEPTT_-"_NG NONE 1735 THROUGH 1766 INCLUSIVE APE OCRPTiTJUST TO THE SES CF MI K_\i( _ CPM _ BUD GET _ _ THE UFFNNT FISCAL YEAR AND THAT: —_ _ :.- 'MONEY DS Ai -_LAELE IN 1iF_ -_UNEj TO pA� SA-;jH'A�JS is t .ram F _.JANCE1 D7P (.1 ) Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 4 AGENDA ITEM NO 1- ITEM TITLE CLAIM FOR DAMAGES: Sophia Elliott PREPARED BY Michael R. Dalla ' EXPLANATION _ DEPARTMENT City Clerk The claim of Sophia Elliott arises from an occurrence on December 17, 1998 and was filed with the City Clerk's Office on December 18, 1998 Environmental Review Financial Statement N/A XX N/A Account No TAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No Copy of Claim for Damages. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 5 AGENDA ITEM NO I ITEM TITLE CLAIM FOR DAMAGES: Jeffrey Sears, Sr. PREPARED BY Michael R. Dalla EXPLANATION DEPARTMENT City Clerk The claim of Jeffrey Sears, Sr. arises from an occurrence on December 11, 1998 and was filed with the City Clerk's Office on December 29, 1998 Environmental Review Financial Statement N/A XX N/A Account No TAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A A AClIMENTS (Listed Below) Resolution No Copy of Claim for Damages. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 AGENDA ITEM NO 6 1 ITEM TITLE A Resolution of the City Council of the City of National City Authorizing a Response Letter to the San Diego County Grand Jury 1997-98 Report: 'The San Diego Unified PREPAREDBYDistrict: It's Time for Taxpayers aDE_iitRTMENT Have a Direct Say" EXPLANATION. Park Morse, Asst. City Mauer City Manager Please see the attachment. Environmental Review X N/A Financial Statement N/A Account No STAFF RECOMMENDATION Adopt the Resolution authorizing Staff to transmit a letter to the Grand Jury and advise Staff of Council's position on the Grand Jury's Recommendations. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution Grand Jury Report 99-11 Resolution No A-tw (Re. �ieai Agenda Item for January 26, 1999 RE: Grand Jury On June 24, 1998, this Office received correspondence from the Grand Jury captioned, "San Diego County Grand Jury 1997-1998 Report 'San Diego Bay Pollution Mitigation: A Taxpayer's Viewpoint'." This particular eight -page report contained 3 "Recommendations:" 98-64, 98-65 and 98-66. No other report or recommendations were referenced or transmitted with this correspondence received by this Office on June 24, 1998. Under the Penal Code, the City has a duty to review these recommendations and comment to the Presiding Judge of the Superior Court. Given the subject matter, the Grand Jury's recommendations were referred to the Engineering Department for review. Engineering presented their recommended response to the City Council and the City Council adopted the recommended response at its September 15, 1998, Council meeting. A letter signed by the City Council was then transmitted to the Presiding Judge with the City's official comments on Grand Jury Recommendations 98-64, 98-65 and 98-66. On November 6, 1998, the 1998-1999 Grand Jury wrote to the City. This correspondence put us on notice that we were "in violation" of several sections of the California Penal Code by virtue of our failing to respond to the earlier Grand Jury's June, 1998, Recommendations. As the paper war continued, the Mayor responded on November 17, 1998, to the current Presiding Judge and to the 1998-99 Grand Jury Foreman. In that letter the City took the position that we had fully complied with the Penal Code and had, in fact. responded to all previously transmitted Grand Jury Recommendations. We suggested that, perhaps, the Grand Jury had lost our September 15, 1998, response. On December 11, 1998, the 1998-1999 Grand Jury wrote back. In this communication (attached to this A-200) the Grand Jury concedes that they did, in fact, receive our previous answers but points out that there were two additional Recommendations that the City did not respond to. These "new" items are Recommendations 98-50 and 98-51 and pertain to governance issues related to the Port District. Along with the December 11, 1998, letter, the Grand Jury attached a report titled: "The San Diego Unified Port District: It's Time for Taxpayers and Citizens to Have Direct Say." At no prior time has the City Manager's Office received this report. Recommendations 98-50 and 98-51 are completely new to Staff. RESOLUTION NO. 99 - 11 RESOLUTION OF 1'HE CITY COUNCIL OF ME CITY OF NATIONAL CITY APPROVING THE MAYOR AND CITY COUNCIL'S RESPONSE TO '11:I REPORT OF THE SAN DIEGO COUNTY GRAND JURY WHEREAS, on June 24, 1998, the City received a copy of the San Diego County Grand Jury 1997-1998 Report entitled "San Diego's Bay Pollution Mitigation: A Taxpayer's Viewpoint"; and WHEREAS, Section 933 (b) of the California Penal Code provides that no longer than 90 days after the grand jury submits a final report on the operations of a public agency subject to its reviewing authority, the mayor and governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, on September 15, 1998, the Mayor and City Council responded to the Grand Jury's Report; and WHEREAS, on December 16, 1998, the City received a request from the Grand Jury to provide a response to additional Recommendations contained in the Grand Jury's Report, namely, Recommendations 98-50 and 98-51. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Mayor and City Council's response to Recommendations 98-50 and 98-51 of the San Diego County 1997-1998 Report, and directs that said response be sent to the Presiding Judge of the San Diego County Superior Court, and that said response shall be filed with the City Clerk. PASSED and ADOPTED this 26th day of January, 1999. George H. Waters, Mayor A 1TEST: Michael R. Dana City Clerk APPROVFT AS TO FORM: George H. Eiser, III City Attorney With all of that background out of the way, we now need to deal with the two "new" recommendations, 98-50 and 98-51. They are listed below with Staff comment appearing after each: "98-50: The city councils of the member cities of the PD should create and implement formal policies requiring their port commissioner representatives to report regularly to their respective city councils in a formal manner concerning PD activities and decisions." COMMENT: The City Council may wish to take the position that we are pleased with the current system and see no need for change. The City's designated representative to the Port frequently communicates and meets with the City's elected representatives. The Port Commissioner regularly appears at City Council meetings and briefs the City Council and the public on Port activities. "98-51: If the recommendations above are not implemented, the San Diego County Board of Supervisors and the City Councils of the five Port cities should urge county members of the Legislature to sponsor legislation to amend Harbors and Navigation Code Section 6200 to permit direct election of Port District Commissioners by the voting public." COMMENT: The City Council may wish to take the position that the current system of appointed representation appropriately serves the Community's needs. Elected representation might well politicize the process and serve to further create another layer of governance. The City sees no need to change. Just as with the first three recommendations from the Grand Jury last Summer, the Penal Code requires the Mayor and Council members to respond to Recommendations 98-50 and 51. (You will notice from the Grand Jury's report that there is also a Recommendation 98-49 contained on their Page 107. On their "Requirements" page (Page 108) they do no require comment from the member cities on 98-49.) The character of the required response to the other two recommendations is basically whether we agree with the recommendation or not and, if not, why not. We will also want to comment that we have not seen the report or its recommendations before. Staff will need a consensus from the City Council as to how to respond to these two Grand Jury Recommendations. Staff will then draft a letter for signature by each member. The attached resolution will grant Staff the authority to officially file the letter after it has been signed by the individual Council members. Grand Jury COUNTY OF SAN DIEGO 330 West Broadway, Suite 477 San Diego, CA 92101-3830 (619) 515.8707 (619) 515-8696 FAX Peter J. DIRenza, Foreman December 11, 1998 Honorable George H. Waters Mayor, City of National City 1243 National City Boulevard National City, CA 91950 p- r' i -.. iii24 RE: (1) Office of the Mayor letter dated November 17, 1998 referencing (2) and (3) (2) City of National City's Response to the 1997-1998 Grand Jury Report on "San Diego Bay Pollution" Recommendations 98-64, 98-65 and 98-66 (3) 1997-1998 Grand Jury Report "The San Diego Unified Port District: It's Time for Taxpayers and Citizens to Have Direct Say" Recommendations 98-50, 98-51 (copy attached) Dear Mayor Waters: The 1998-1999 San Diego County Grand Jury apologizes to you for any possible misunderstanding concerning your response to the 1997-1998 Grand Jury report indicated in reference 2 above. The Grand Jury did indeed receive your response to Recommendations 98-64, 98-65 and 98-66. However, the Final Report of the 1997-1998 Grand Jury also included a final report: "The San Diego Unified Port District: It's Time for Taxpayers and Citizens to Have Direct Say." (Reference 3, this letter). In this final report by the 1997-1998 Grand Jury, Recommendations 98-50 and 98-51 pertain to National City, CA et al. Perhaps in perusing the 1997-1998 Final Report, Reference 3 above was overlooked. It is also possible that your staff responded to the recommendations of Reference 3 but they were, for some reason, misfiled or misplaced in the offices of the Grand Jury. However, as of this writing, and the communication to you on November 6, 1998, the subject response could not be accounted for in Grand Jury files or records. If in fact Reference 3 was overlooked during review of the Final Report, the 1998-1999 Grand Jury would appreciate your prompt response to Recommendations 98- 50 and 98-51. George H. Waters December 11, 1998 Page Two Thank you and again, the Grand Jury regrets any inconvenience you may have experienced in this matter. Sincerely, SAN DIE PE Forem PJD:jml attachments RAND JURY 1998-1999 c: Hon. Wayne L. Peterson, Presiding Judge, Superior Court City Council, National City City Attorney, National City City Manager, National City THE SAN DIEGO UNIFIED PORT DISTRICT: IT'S TIlYIE FOR TAXPAYERS AND CITIZENS TO HAVE DIRECT SAY S vn oasis The seven commissioners of the San Diego Unified Port District (PD) are appointed by the city councils of each of the five contiguous cities making up the Port District. The amount of money taken in and expended by the PD has nearly tripled in little over a decade. Capital expenditures have totaled over a half -billion dollars during the same period. Taxpayers and the general public directly or indirectly pay for the goods and services provided by Port District tenants including airlines services. The State of California charged the PD at its inception with responsibilities regarding six categories of bay usage. These emphases appear to have been skewed by the PD toward economic development and away from sufficient attention to environmental and non-conlrnercial concerns. The PD Board of Commissioners are not formally required to report their activities even to the city councils which appointed them. They are viewed as operating with almost unlimited discretion regarding how they may spend money with minimal accountability. Commissioners are not required to gain approval for their actions from the voting public or even from the city councils which appoint them. Background San Diego Bay comprises 10,532 acres of water surrounded by 4,419 acres of tideland. When California entered the union in 1850 it acquired title to navigable waterways as trustee to protect the resources of public lands, streams, lakes, marshlands and tidelands. That means that the protection of these resources fails within the scope of the public trust doctrine. The state may delegate its authority as trustee as it has done through formation of port districts. "The state may not alienate these lands or abrogate its duties as trustee, but it may delegate its duties as trustee to a political subdivision which then assumes the duties and limitations of the public trust." (City of Long Beach v. Lisenberg) The State of California, by virtue of the Port District's enabling legislation, has delegated regulation and control of state-owned lands to the PD (Graf v. SDUPD, 1988; Graf v. PD, 1992). The structure of the PD was established by public approval of Proposition D on November 6. 1962 in an election authorized by California statute. The PD is a public, not private, corporation (Cal. Harbor c Navigation Code, App.1, 28). It is not a branch of state government but an autonomous local agency which provides services to a specific area. It is not a city or county government. The PD provides San Diego County Grand Jury 1997-1998, Final Report (June 30, 1998) 103 a limited number of specialized services only. (Cal. State Legislature, Senate Local Government Committee, "What's So Special About Special Districts," 1991.) The Final Report of the 1986-87 San Diego Grand Jury states, "The San Diego Unified Port District Act mandates the District's powers, duties and functions, and authorizes it to borrow money, issue bonds and raise revenue for district purposes. The Act also provides for the appointment of Port Commissioners, setting forth their qualifications and exercise of powers." In a report prepared by the PD Environmental Management Department dated April 29, 1997 the District defined itself as "a governmental agency established by the state legislature to promote the beneficial uses of San Diego Bay and submerged tidelands for purposes of navigation, recreation, fisheries, commerce, aviation and wildlife habitat conservation." More specifically, the Port District has the power, authority and the responsibility to protect, preserve and enhance all of the following: a) physical access to the bay, b) natural resources of the bay, including plant and animal life and c) quality of water in the bay (State of California, Harbors and Navigation Code #6233). Issues I. The PD is charged with responsibility to promote the beneficial uses of San Diego Bay and submerged tidelands for purposes of navigation, recreation, fisheries, commerce, aviation and wildlife conservation. There is public concern that Port Commissioners and staff may have skewed their priorities under the enabling act heavily towards economic projects and away from full protection and enhancement of the bay and tidelands. Former PD Board of Commissioners chair Susan Lew in the 1995 Annual Report stated, "The Board of Port Commissioners is dedicated to operating the Port as an efficient, powerful economic engine, generating benefits, jobs and new opportunities for the entire region." In the same report Executive Director Lawrence M. Killeen stated, "Our goal is to create the best possible maritime and airport gateway for the region." 2. Under the current appointment process the Port District commissioners have almost unlimited discretion to charge fees, float bond issues and spend money without accountability to taxpayers and the voting public at large. 3. The PD does not always address itself as well as it should :o environmental concerns partly because it is somewhat self-regulating and self -certifying. 104 San Diego County Grand Jury 1997-1998, Final Report (June 30, 1998) Investigation Interviews were conducted with PD staff, county and city environmental officials, local environmentalists and the Coast Guard. Telephone interviews were held with representatives of the Registrar of Voters, ten other California Port Districts and with the five City Council offices making up the PD membership. Meetings were attended with SANDAG, the PD Board of Commissioners and the president of the Port District Tenants Association. The Grand Jury toured PD facilities and some leased facilities. Documents provided at these sources and by the state Regional Water Quality Control Board (RWQCB) were studied. The Harbors and Navigation Code was referenced as the source of enactments for Port Districts in California. Final reports from two previous grand juries were also studied. Facts 1. The PD employs approximately 630 staff members. The Executive Director heads a staff divided into five divisions: Strategic Planning Services, Public Works/Chief Engineer, Aviation, Administrative Services/Treasurer and Trade Development & Marketing. 2. In fiscal 1986-87 the PD dealt with approximately S 154 million in funds consisting of income, expenses and capital outlay. In fiscal 1996-97 the PD administered approximately S316 million in funds. The current fiscal year projections are approximately S401 million. Port District reports indicate further that over the last eleven years capital outlay alone totaled more than a half -billion dollars. 3. Income to the PD from airport fees, rents and levies is paid by the general public either directly or indirectly through goods and services purchased from approximately 600 port tenants. 4. According to a letter from the RWQCB Executive Officer to PD Executive Director dated June 18, 1997, the PD sent erroneous reports concerning status of pollutants in the bay. Specifically, in a letter to the Port Commissioners dared April 14, 1997 the Environmental Health Coalition (EHC) stated, "The Port submitted reports in which the summarized data listed some monitoring results as non -detect when, in fact, they were excedences." (They were referring to pollutant levels.) In the same letter, the EHC refers to a Notice of Violation issued by the Regional Water Quality Control Board to the Port for effluent violations of metals during eleven quarters since October 1993. 5. In a letter addressed to this Grand Jury dated January 20, 1998 the EHC stated its desire for change or -leadership at the Port's Environmental Management Department for twelve reasons, some of their allegations are listed below: San Diego County Grand Jury 1997-1998, Final Report (June 30, 1998) 105 a. Combative and non -cooperative relationship with regulatory agencies that undermines protection of the environment. b. Filing lawsuits against public interest and other organizations to prevent their active participation in the public process in lieu of working cooperatively and in good faith. c. Failure to provide adequate resources and take required actions to implement storm water requirements. d. Failure to sign perjury declarations on self -monitoring reports. e. Leading the effort to kill federal protection for remaining natural habitat areas in South San Diego Bay. 6. The 1986-87 San Diego County Grand Jury stated, "Accountability to the public, particularly as it pertains to the port budget, the budget process, financial disclosure and hearings, is perceived to be absent." While the Port conducts more public hearings now and does issue copies of general figures in its budgets, it is no more directly accountable to the voting public than before. 7. Under the Harbors and Navigation Code which established the PD, commissioners cannot be recalled by the voting public. Nor can they be removed by the city councils which appoint them without a four -fifths majority, and then only for cause. 8. While some of the Port District city councils have procedures for reports from their respective port commissioners, none have written policy directing them to make reports. Findings 1. Recently, the PD expended more than $200 million for airport expansion. Discussion with the Port District Treasurer indicates a possible participation by the Port District in the Convention Center expansion financing for part of the 3216 million currently forecast as the cost. Other parties are reported to be looking toward the PD as at least a partial financier of the proposed Centre City ballpark project even though it is not on PD land. Still others visualize use of PD land for this purpose. The 1 986-87 San Diego County Grand Jury in its final report stated that there appeared to be a pervasive negative public perception of the PD and how it operated. For all of the District's public relations efforts to improve its image, it is the Grand Jury's opinion that considerable negative perception remains. 106 San Diego County Grand Jury 1997-I998, Final Report (June 30, 1998) 3. The PD, under its current appointment process, allows the Port Commissioners and/or staff to make decisions affecting many county citizens both environmentally and financially. Yet, these same citizens have no direct way to effect removal of a commissioner. 4. Even if city council members who make the appointments to the Board of Port Commissioners are removed from office, there is no direct way in which citizens can impact or change those appointments because council members may not have concurrent terms with port commissioners. Two separate findings in 1984 and 1990 by the City Attorney for San Diego alluding to appointments by city councils to the PD Board of Commissioners specifically state that city councils may not remove appointees because of the way they vote (i.e., city councils may not control the votes of appointees). 5. At least three other California port districts, Humboldt, Santa Cruz and Port Hueneme, have direct election of their Boards of Commissioners. A fourth port district, Richmond, has a city council which acts as its own Board of Commissioners. Conclusion The Port District Commissioners currently are not directly accountable for their actions to anyone in this county. Furthermore, the Port District has not always been forthright in meeting all of its responsibilities to the environment. However, they appear to be making efforts to improve in this area Recommendations 98-49: In the interest of the general public they are charged to serve, the PD Board of Commissioners and staff should re -order priorities to fully meet their responsibility for environmental quality of the bay as well as using the bay as an engine for economic development. 98-50: The city councils of the member cities of the PD should create and implement formal policies requiring their port commissioner representatives to report regularly to their respective city councils in a formal manner concerning PD activities and decisions. 98-51: If the recommendations above are not implemented, the San Diego County Board of Supervisors and the City Councils of the five Port cities should urge county members of the Legislature to sponsor legislation to amend Harbors and Navigation Code § 6200 to permit direct election of Port District Commissioners by the voting public. San Diego County Grand Jury 1997-1998, Final Report (June 30, 1998) 107 Requirements and Instructions The Penal Code of California section 933 (c) requires comment on findings and recommendations in this report no later than 90 days from the date of filing. Comment to the Presiding Judge of the Superior Court in compliance with the Penal Code section 933.05 is required from the: Board of Port Commissioners Recommendations 98-49 San Diego Unified Port District City Councils of Member Cities Chula Vista Coronado Imperial Beach National City San Diego County Board of Supervisors Filed: June 16, 1998 Recommendations 98-50, 98-51 Recommendations 98-50, 98-51 Recommendations 98-50, 98-51 Recommendations 98-50, 98-51 Recommendations 98-50, 98-51 Recommendation 98-51 108 San Diego County Grand Jury 1997-1998, Final Report (June 30, 1998) City of National City, California COUNCIL AGENDA STATEMENT **Refer to Item #1 January 26, 1999 7 MEETING DATE AGENDA ITEM NO. ITEM TITLE RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 21\ (PHiois 11) ON HIGHLAND AVENUE FROM 8TH TO 16TH STREETS PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION. SEE ATTACHMENT Environmental Review X N/A Fiinancial tatement 1) Construction will be funded by the City's share of SDG&E al a 11✓11 uL uLLueLyround conversion. 2) The Electric Meter box conversion costs are estimated to be $17,000 and will be funded by Account No. 001-409-500-598-6150; 2) The Street Lights reinstallationosts are estimated to be $57,000 and wiles b funded by Accounts Nos.: 301-409-500-598 and 09-500-598-6 53kcca. unt No TAFF RECOMMENDAT���� / J 1. Hold the public ea7� anuary 26, Underground Utility District No. 21 (Phase II) 3. Direct the City Clerk to certify and to County Recorder. 4. Direct the City Clerk t daiwdfiDlleck hiss N *RC 1g A i y N/A 999. 2. Adopt the Resolution establishing n Highland Avenue from 8th to 16th Streets. ecord the Resolution in the office of the notify, within 15 days after the effective Companies and persons of the provisions of the Resolution. ATTACHMENTS (Listed Below) 1. Resolution 2. Proposed District 21 (Phase II), Exhibit "A" and "B" 3. Notice of Public Hearing 99-12 Resolution No ,a-i4'1 ke• ,/801 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 21 (PHASE II) ON HIGHLAND AVENUE FROM 8TH TO 16TH STREETS On January 12, 1999, the City Council by Resolution No. 99-2 set January 26, 1999 as the date for receiving public comments on whether the public health, safety or welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services on Highland Avenue from 8th to 16th Streets (Underground Utility District No. 21, Phase II). Notices of the Public Hearing (attached) have been sent to all of the affected property owners (Exhibit "B"). Therefore, Staff is recommending that this Resolution be approved for the formal establishment of District No. 21 (Phase II) which is included in this City Council Meeting's Agenda. Once the Utility District has been formed, and a tentative construction date has been established, the City Council by a subsequent resolution will set the time within which the property owners must be ready to receive service, and the utility companies must remove the overhead services. RESOLUTION NO.99 -12 RESOLUTION OF 1'11.E CITY COUNCIL OF 1'Ht✓ CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.21 (PHASE II) ON HIGHLAND AVENUE FROM EIGHTH TO SIXTEENTH STREETS WHEREAS, a public hearing was called for Tuesday, January 26, 1999, at the hour of 6:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as follows: Highland Avenue from Eighth Street to Sixteenth Street. WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 21 of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District; BE TT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE TT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 21, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by Resolution No. 99 —12 January 26, 1999 Page Two personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all neeevz2ry facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Uti1itiPs Commission of the State of California as of the date of adoption of this resolution. BE IT FURTHER RESOLVED that the Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reason: The streets, roads or rights of way in the district are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. PASSED and ADOPTED this 26* day of January, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVPD AS TO FORM: George H. Fr, DI City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HFARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, January 26, 1999, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California: TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR HIGHLAiND AVENUE FROM EIGHTH TO SIXTEENTH STREETS DISTRICT NO. 21 (PHASE II) Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DA I ED: January 13. 1999 TL. r.1)A3,112, &L • Michael R. Dalla City Clerk of the City of National City, California TO BE PUBLISHED ON SATURDAY, JANUARY 16. 1999 a Exhibit "A" 8 Ih ,1 I•. :PO III 1.1 III A'!A . 0 ,Y11 III, I 0 MA1CI1 LINE. I. 59.91E 14,100' i•i.: I'I III . AI' fb. IIJI II IN, 'II, ced 1.•1 19 161h MATCH LINE. �a q _ I. (1� .-� i h , + I YYMAIE" • III Il. II i it II11 z , p p e I:I cilu .. • W I , . I MAP 11.4, ST • a,. N NI :IN.I•Y -IV 1111 1 14.1 —h1' 161r iiil P.n 111 III a n1 I II I II ,I II .. . ROIRADAR Y (iN uNI')F Ft(31101mI) U`rILITY DIST. 21 PI I M5E 2 tNDERGR cloth) UTILITY nis I-IIIcI Flu. PHASE 2 IIIC3I'II_ANID AVE. FROM 8 TH ST To 16'I H s 1 011Ic.nlrll 1.... IY. 1.. • CITY OF I1ATI;N9I 1.1.111 AO "j111 I 111 ..I ('I1 I fIl IIII I :I":S Exhibit "8" 1 A.P.N. Cwners Name and Address Site Address BusinessiHome/Otherl Hauser A L Jr Tr 3210 Xenopnon St 566-192-15 San = eco Ca 92106 820 Hignlanc Ave g Business Sccas 5anx Trustee: Foo Scnuiman 555-492-17 Ruth=CBox 8469 La Jolla Ca 92038 910 Hi niane Ave g Business 55-492-18 5.,B Scnns Fo Berm Trustee: o Schulman Rut~ -ox 8469 La Jolla Ca 92038 910 Highlanc we Business 556-510-05 Jcnes Sieney W Jr, & Eugenia M. 845 Hicr.:and Ave 845 Hignfanc Ave Business 556-510-06 Brat-v.-away Allen G. TR (DCSD) coo Me:atre G. Oliver 3477 Arthur Ave. San Ciecc. Ca 92116 903 Highlanc Ave Business 556-510-07 Jac-_.cn Can 933 Highland Ave 927 Hignfanc Ave Business 556-510-35 Fres.: ne Real Estate Leasing Co CAD Fracm Tire & Rubber Co. 50 Century Blvc Nashville Tn 37214 943 Highlanc Ave Business 556-560-43 Shac:rc Robert Family Trust12-30-92 Shac rc Robert L Tr. 1827 Main St San Oieco Ca 92113 1000 Highlanc Ave. Business 556-560-44 Mites investments 1827 Main St San Cie^_c Ca 92113 1020 & 1030. ;1050. A thru E Hianiano Ave Eusiness 560-131-06 Tea Housing National City Inc 54-CC E Olympic Blvd # 300 Los Angeles Ca _c7_322 1424 1426.'9423 Hi rtland Ave Vacant Lot 560-131-08 Waters George & Vicona 1342 Carat Rl 1440 Highlanc Ave 9 Vacant Lot Waters George & Vicona 1342 55'1 r �y I„, 1- 9 Caro: c 1436 Highlanc Ave Business 550-131-18 Ecs gin investments 26 2anama Bnc Cc. r=_dc Ca 92118 1542 Highlanc Ave Business ..60-131- 0a Edste:c Investments PC Sex 428 Wicnita KsS _:2 1548 Hignlano Ave Business 2 AFN ICwrers Name ana Address Site Address Business/Home/Other 1 560-131-31 ri.;aca r urrnu a 1.,arazcn tt Ag aca Ferdinande R and Nancy S. Ag;,aca Rodel R; 1442 Hignland Avenue. Naccnal C:tv. CA 91950 1442. 1444. 1446 Highland Ave Business 561-011-08 Ne:s.,-n Max Tr 2555 Cove St San Die.= Ca 92106 1201 Hignland Avenue: 1205 Hiohland Ave Business Acztuaro Philip & Katnenne 1293 561-011-10 P.iccar St EiCaion Ca 92020 1231,1235,1241,1243 Highland Ave National City Business 561-011-11 C.'i Roeert PO Box 8009 Rareo Santa Fe Ca 92067 1245,(1245 A,8),(1247 Ste.1 thru 8) Hichland Ave Business 561-013-12 Evarroou Freadie & Penelope Trust 3590 From. St T! San Diego Ca 92103 1441 Highland Ave Business Evarxiou Freaaie & Penelope Trust 3590 561-013-13 IFrcr� St g San Dieo Ca 92103 1429 Highland Ave 561-013-14 Marsaig Romuio V. & Eeanor B. 6C64. Daisy Ave San Diego Ca 92114 1425 Highland Ave. g 1427 Highland Ave. 1427 (A,B,C,D) Highland Ave. Business Business Apartments °'-01. 7 ItJrr .. or A Tr 511 Highland Ave 1343 Higntang Ave 1343A Hiohland Ave Business Residence 56 -713-' 8 Urr George A Tr 511 Higniand Ave 1329,1333,1335A,13358,13 45 Hiohland Ave Business 561-013-21 IKva:snnv Bata 1309 Higniana Ave 11309 Hignland Ave Business 541-013-2 . 14.01,1417 Hignland Ave Ran__! Joseph: Rosa 1401 Highland Ave (1427A,B.C,D) Highland l Ave Business Apartment 561-C40-03 Shic rBernice G Trust 06-14-96 11-5 E ith St National C:tv 11519 Higniand Ave Eusiness c- •40 4 I . -, - Cm.a.1 , ,aroto 5106 Fecerai ^- San92105 Eiv= '3r Die_., Ca I1515 Higniand Ave Business 561-14C-35 Ear_e Eugene F. & .Norma M. 151= -‘igniandAve. 1519 Higntang Ave Busyness y - 340-32 Yon,: a: -ace 8 Revocac,e Trust 37-18-90 489 ==^ano 'Nay Chula Vista Ca 91910 1., Highland Ave BusinessV 56 1 -..6 a-3 7 Sc.. --.p e'.v M & Lavc:s S. IS!' — _n:anc Ave Nat:c. �y C:`r. CA 91953 1611 Hic^Iaand Ave Business .68-360-:8 Cc..=— a con Jose & 3tcra 7. Rev..=.:e Trust No. 1619 Hicntanc Ave Na::.—a: C:`v. CA 9195v 1633 Hicniane Ave. 1639 Hicnland Ave. Business City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 26, 1999 8 AGENDA ITEM NO ITEM TITLE SUPPLEMENTAL REPORT ON PLANNING COMMISSION RECOMMENDATION 1"U INITIATE AN AMENDMENT TO THE NOISE ORDINANCE 11 PREPARED BY Steve Ra DEPARTMENT Planning EXPLANATION The City Council considered the attached report January 12 and asked that staff report back in two weeks with an estimated cost for consultant assistance to study the Planning Commission's recommended changes to the Noise Ordinance. A proposal has been received from Alexander Segal, Ph.D., who worked with us in updating noise contours during the recent General Plan Revision Program. Segal estimates that the cost for his review of the suggested amendments would not exceed $1,700. If Council wishes to consider the suggested amendments, staff would contract for consultant assistance to review the effect of the changes on enforcement procedures. Council also asked that staff report back on actions of cities taken to ban leaf blowers. A separate report will provide this information at a future meeting. X (to be completed if amendments are initiated) Environmental Review N/A Financial Statement Costs for consultant assistance ar covered in the Department's budget. kilo Direct staff to proceed with the amendment. CP BOARD/COMMISSION RECOMMENDATION Planning Commission voted to refer the proposed amendments to the City Council. Vote: Ayes - unanimous f STAFF RECOMMENDATION Account No 159-506-000-213 ATTACHMENTS (Listed Below) Resolution No 1. January 12, 1999 agenda statement 2. Proposed Amendments ,a.::: 0/e01 _. y of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 12, 1999 AGENDA ITEM NO ITEM TITLE REPORT ON PLANNING COMMISSION MRET-C TO LN111A1i. AN AMENDMENT TO THE NOISE ORDINANCE PREPARED BY Steve Ray DEPARTMENT Planning EXPLANATION The Planning Commission has recommended two changes to the Noise Ordinance: 1. Delete Municipal Code Section 12.06.040 D. This allows noise up to the ambient level, if higher than the specified standard. Ambient level is that existing at any specific place and time. It includes background noise such as that from freeway traffic or other continuous operations. 2. Change Section 12.06.020 E.3, which requires that noise readings to verify violations be taken at the boundary of property affected. Instead, measure sound level at the boundary of property where the noise is generated. Planning Commissioners drafted these changes after complaints were brought up at their meetings by Ed Pieters. He asked for relief from loudspeakers at Hawthorne Machinery, which is near his home. Code Conformance investigated the situation, took measurements and found no noise violation. The readings taken would also not likely result in violations if the suggested amendments were approved. This noise issue has been previously studied. Two years ago, Council rejected a request from Pieters to ban outdoor loudspeakers. Also, five years ago upon his request, Council prohibited the use of outdoor speakers to project telephone sound. If Council wishes to amend the ordinance, staff would seek consultant assistance to review the effect of the changes on enforcement procedures. X (to be completed if amendments are initiated) Environmental Review N/A Financial Statement possible costs for consultant assistance, to be determined, if amendments are initiated Account No STAFF RECOMMENDATION File the report or direct staff to study the proposed amendments and report back. BOARD / COMMISSION RECOMMENDATION Planning Commission voted to refer the proposed amendments to the City Council. Vote Ayes - unanimous ATTACHMENTS (Listed Below) Resolution No Proposed Amendments Proposed Amendments 1. Delete Subsection D of Section 12.06.040 Corrections to exterior noise limits, which reads as follows: D. If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. 2. Replace Section 12.06.020 E.3 (3. Sound levels by receiving Iand use shall be measured at the boundary or at any point within the boundary of the property affected.) with the following, proposed language: 3. Sound levels shall be measured at the boundary of the property where the noise source is generated.