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HomeMy WebLinkAbout1985 12-17 CC MINBook 66/Page 160 12/17/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 17, 1985 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. Mayor Morgan wished everyone a Merry Christmas and a Happy New Year. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Chaplain Bill Ward, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Waters, seconded by Cooper, the minutes of the regular meeting of December 3, 1985 be approved. Carried by unanimous vote. PRESENTATIONS Councilman Dalla reported that two weeks ago we awarded the contract for the second seniors' tower; eight years ago we awarded the contract for the first seniors' tower. Councilman Dalla presented a plaque to the seniors of Morgan Towers commemorating the awarding of the contract eight years ago. Eunice Price, Shirley Duering and Alice Young were present and accepted the plaque. Mayor Morgan presented a pin to Robert McConkey, Equipment Operator II, Public Works Dept., in honor of his 35 years of service to the City, and said Mr. McConkey has done an excellent job for the City. PROCLAMATIONS Moved by Cooper, seconded by Morgan, the Proclamations be read by title only. Carried by unanimous vote. The Mayor's proposed Proclamation "HUMAN RIGHTS DAY" — December 10, 1985 was presented. Moved by Waters, seconded by Cooper, in favor of this Proclamation. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Mayor Morgan presented the Proclamation to Charles Jones. The Mayor's proposed Proclamation proclaiming the years 1986 and 1987 as the FESTIVAL YEARS in observation of the City CENTENNIAL on September 17, 1987 was presented. Moved by Waters, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to George Webster, National City Chamber of Commerce. Mr. Webster introduced Barbara Strahan, Chairman, Centennial Committee, who was present. PUBLIC ORAL COMMUNICATIONS ROBERT THOMAS, 1615 Sweetwater Rd., was present to ask that Council approve his request that Taco Bell be granted permission to open for business before the slope is completely removed as previously agreed to, and requested a resolution be passed approving this request. City Attorney Eiser said he talked to Mr. Thomas and to Planning Director Post and Mr. Thomas has provided a Performance Security with a "hold harmless" clause which he analyzed and approved; he has prepared a Resolution. Mr. Post said that originally when Taco Bell was proposed, it was to be built as part of the whole shopping center; the hill is being removed. Moved by Waters, seconded by Cooper, "I move in favor". Councilman Waters said he wants the record to show that he did not talk to Mr. Thomas in advance. Discussion. Carried by unanimous vote. (Resolution No. 14,833, ■RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SWEETWATER NORTH FOR DEFERRAL OF IMPROVEMENTS•, has been signed and treated as having been adopted. The title was not read into the record, nor was there a specific motion to adopt.) Book 66/Page 161 12/17/85 INTERVIEWS FOR BOARDS AND COMMISSIONS Vice Mayor VanDeventer said the interviews would be held on completion of the agenda; however, there was one applicant who had another engagement and he would be allowed to speak at this time: RAYM OND SPANN, 3030 Palmer St., was present and said he was applying for a position on the Senior Citizens Advisory Board; he is 69 year old and he would like to give something back to the City; he would like to help the citizens in his age group. PUBLIC HEARING The CONTINUED PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S CONDITIONS to CONDITIONAL USE PERMIT 1984-30 at 1204 32nd St.; Applicant: Bay City Marine (On October 15, Council held a continued public hearing on the Planning Commission's conditions to CUP to allow small boat repair by Bay City Marine at 1204 W. 32nd St; Mr. Irving Refkin, Exec. Vice Pres., Bay City Marine, was present and advised Council that Bay City Marine would be vacating the Goesno Place facility; his company has taken possession of two thirds of the ITT building on a five—year lease, four acres of building on eleven acres of land; Charles B. Refkin, Corporate Administrator, Bay City Marine advised that on September 10, Bay City Marine was granted conceptual approval from the Port Com mission for a vertical shiplift within the ITT facility; they are now engaged in the permit process for its construction; the hearing was continued for 60 days; the following alternatives appear available for Council consideration: 1. Close the public hearing and approve issuance of CUP subject to all conditions recommended by the Planning Com mission; 2. Close the public hearing and modify the conditions recommended by the Planning Commission to such conditions or limitations that Council may impose; 3. Close the the public hearing and deny the CUP, or 4. Continue the public hearing to a specific date; the Planning Commission approved subject to 17 conditions; staff concurs with the Planning Commission) was held at this time. Planning Director Post said this is a permit that has been pending for quite a period of time; the permit does not pertain to the ITT facility, but to the Goesno Place facility. CHARLES REF KIN (Administrator, Bay City Marine), 4960 N. Harbor Dr., San Diego, was present and said they originally planned to be out of the Goesno Place facility at this time; they expected their negotiations to be completed by September; it was not until this month that they were awarded the contract for the icebreaker; they could not move from the Goesno Place facility until they were awarded the contract; they are asking Council's indulgence to bear with them for another few months; they expect to be out of the Goesno Place facility by mid —April. Discussion. Planning Director Post said it is his understanding that the Port District has a month to month tenancy with Bay City Marine; we can get in touch with the Port District to get a time frame. Further discussion. Moved by VanDeventer, seconded by Waters, the public hearing be continued to April 15, 1986. Councilman Cooper said the last time Mr. Irving Refkin was here, he led Council to believe that Bay City Marine already had the ITT building leased; he is not against this, but he feels like Bay City Marine is pushing us. Mr. Cooper asked what assurance we have that Bay City Marine will be out of the Goesno Place facility in April. Mr. Refkin replied, they have the contract; in the past they did not; they signed their lease in March, but there are a number of clauses; a lot was contingent on their getting the contract for the icebreaker; the initial contract is a two—year contract, but they are looking for other jobs to continue in the building; this will be the third icebreaker they have built. Discussion. Councilman Waters said he is concerned because Bay City Marine is doing sandblasting in the open air; if we are going to give them an extension, they could make an adjustment to control their sandblasting. Mr. Refkin said the vessels are not sitting out in the open when they are sandblasted; they put a shroud over them. Councilman Waters said the main thing he sees is when they sandblast, it goes all over the place. Planning Director Post said the Code Conformance Officer has been out there time and time again, but they have not been able to find a solution, and he doesn't expect to be able to find one by April; they use tarps, but it cannot all be controlled. Councilman Cooper said he would like it on the record that Bay City Marine will be out of the Goesno Place facility by April 15 and will cease and desist. Motion carried by unanimous vote. Book 66/Page 162 12/17/85 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,823 through 14,832) Moved by VanDeventer, seconded by Waters, the Resolutions be presented by title only. Councilman Cooper requested Resolutions 14,829 and 14,830 be considered separately. Mayor Morgan requested Resolutions 14,823, 14,824, 14,827 and 14,828 be considered separately. Motion carried by unanimous vote. Moved by Dalla, seconded by Waters, the Consent Resolutions (except 14,823, 14,824, 14,827, 14,828, 14,829 and 14,830) be adopted. Carried by unanimous vote. Resolution No. 14,825, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR SWEETWATER ROAD CROSSING (ENGINEERING SPECIFICATION NO. 971)." See Consent Resolutions above. Resolution No. 14,826, "RESOLUTION AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR AND MATERIALS BETWEEN THE CITY OF NATIONAL CITY AND GEORGE W. CUNRADI AND IDA E. CUNRADI (N.W. CORNER OF HARBISON & DIVISION STREET)." See Consent Resolutions above. Resolution No. 14,831, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE VESUVIO WAY (AN UNIMPROVED STREET) LYING BETWEEN THE SOUTHERLY LINE OF THE SOUTH BAY FREEWAY AND VALLEY ROAD, AND PORTION OF VALLEY ROAD LYING BETWEEN AVENIDA SAN MIGUEL AND A POINT APPROXIMATELY 950 FEET WESTERLY THEREOF." See Consent Resolutions above. Resolution No. 14,823, "RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 6 TO CALTRANS MASTER AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA." Discussion. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,823 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,824, "Resolution accepting work and authorizing filing of notice of completion for Kimball Park Channel (Engineering Specification No. 949)." City Engineer Stafford requested this be laid over to the next meeting. Moved by Waters, seconded by Cooper, this Resolution be laid over to January 7, 1986. Carried by unanimous vote. Resolution No. 14,827, "Resolution accepting a Covenant Running With the Land from G. C. and L. E. Cunradi for alley improvements (Alley No. 123)." Discussion. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,827 be adopted. Further discussion. Motion and second withdrawn. Moved by VanDeventer, seconded by Cooper, this Resolution be laid over to January 7, 1986. Discussion. Carried by unanimous vote. Resolution No. 14,828, "RESOLUTION DENYING WITHOUT PREJUDICE AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER AND WINE (TYPE 41 LIQUOR LICENSE) AS AN INCIDENTAL USE TO A RESTAURANT ON PROPERTY LOCATED AT 543 HIGHLAND AVENUE (APPLICANT: GEORGE URY AND NAZARIO MADRIEM — CASE FILE NO. CUP 1985-20)." Moved by Cooper, seconded by Dalla, Resolution No. 14,828 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 14,829, "RESOLUTION DENYING AN APPLICATION FOR PLANNED DEVELOPMENT PERMIT TO ALLOW THE OPERATION OF A DRIVE—THRU AUTOMOTIVE LUBRICATION BUSINESS ON A 22.418 SQUARE FOOT PARCEL LOCATED ON THE NORTH SIDE OF PLAZA BOULEVARD, BETWEEN HARBISON AND OLIVE AVENUES (APPLICANT: BLAIR DAHL FOR ARCTIC CIRCLE — CASE FILE NO. PD-4-85)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,829 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Resolution No. 14,830, "RESOLUTION DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A DRIVE—THRU AUTOMOTIVE LUBRICATION BUSINESS ON A 22.418 SQUARE FOOT PARCEL LOCATED ON THE NORTH SIDE OF PLAZA BOULEVARD, BETWEEN HARBISON AND OLIVE AVENUES (APPLICANT: BLAIR DAHL FOR ARCTIC CIRCLE — CASE FILE NO. CUP 1985-17)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,830 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Book 66/Page 163 12/17/85 Resolution No. 14,832, "RESOLUTION ESTABLISHING BAIL AMOUNTS AND IMPOSING A SURCHARGE FOR PARKING OFFENSES OCCURRING WITHIN THE CITY OF NATIONAL CITY." Discussion. Moved by Cooper, seconded by VanDeventer, Resolution No. 14,832 be adopted. Discussion. Moved by Cooper, seconded by Van Deventer, the motion be amended to include a statement indicating the portion of the fine that is a State mandated surcharge. Discussion. Motion and amendment carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. "Ordinance am ending Ordinance No. 857 to prohibit use of Van Ness and Granger Avenues by any vehicle exceeding a maximum gross weight of five tons." ORDINANCES FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1874, "ORDINANCE AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR BED AND BREAKFAST INNS." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1874 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Ordinance No. 1872, "URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY REPEALING ORDINANCE NO. 1870, AMENDING CHAPTER 9.04, AND ADDING CHAPTER 9.06 TO THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT THE SALES OF FOOD OR BEVERAGES FROM MOBILE FOOD PREPARATION UNITS WITHIN THE CITY." Moved by Waters, seconded by VanDeventer, Ordinance No. 1872 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. OLD BUSINESS The request of the MISS NATIONAL CITY ALUM NI to take over the MISS NATIONAL CITY PAGEANT (The Miss National City Alumni works very hard putting on the Miss National City Pageant each year, volunteering their time for about four months out of the year; they have been assisted by the Sweetwater Kiwanis Club, but the ladies have done 90% of the work; this year they would like to take over the pageant totally) was presented. City Manager McCabe said he has met with the Sweetwater Kiwanis and they have submitted a statement indicating that they are willing to cooperate. Discussion. Sharone Waters Duncan was present and said the Miss National City Alumni are in agreement. Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 24, dated December 10, 1985, in the amount of $297,340.53 (Warrants Nos. 90226 through 90308), and CERTIFICATION of PAYROLL for the period ending November 30, 1985, in the amount of $300,588.06 was presented. Moved by VanDeventer, seconded by Cooper, the bills be ratified. Vice Mayor VanDeventer said he would abstain on Warrant No. 90284. Mayor Morgan said he would vote in favor of the payroll, but not the demands. Demands ratified by the following vote to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan (Except Warrent No. 90284 which was ratified by the following vote: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Abstaining: VanDeventer). Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters, Morgan. Nays: None. WRITTEN COMMUNICATIONS A letter from the NATIONAL CITY CHAMBER OF COMMERCE requesting that Council PROCLAIM THE YEARS 1986 and 1987 as the FESTIVAL YEARS in observation of the CITY OF NATIONAL CITY CENTENNIAL on September 17, 1987. See Proclamation, Page 161, Para. 10. Book 66/Page 164 12/17/85 A letter from ENRIQUE G. ROBLEDO, requesting PAYMENT of ABNORMAL EXPENSES INCURRED TO DEVELOP A VACANT LOT purchased from the City (Mr. Robledo has petitioned for payment of the abnormal expenses incurred to develop a vacant lot purchased from the City due to wrong, misleading and deceptive information given him by the Planning Dept. staff; see Document No. 73185) was presented. City Attorney Eiser said he did not see much merit in this claim. Moved by Waters, seconded by Van Deventer, this be denied and referred to the City Attorney. City Attorney Eiser said his understanding is that Mr. Robledo has obtained proper permits to go ahead with the construction; he assum es Mr. Robledo can go along with the construction; he can pursue whatever legal limits he cares to pursue; he doesn't see that there is any merit to this claim. Mayor Morgan said we advertised that property for two units; then we only let him build one; that needs to be checked out. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. A letter from Augustin Reyes, owner of La Mision Mexican Restaurant, 2200 Highland Ave., requesting permission to hold a NEW YEAR'S EVE DANCE on December 31, 1985 from 5:00 p.m. to 2:00 a.m. was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Councilman Dalla said Mr. Reyes is asking for something that requires a CUP and there is not enough time. Planning Director Post said it does require a CUP; Mr. Reyes was told there would be no dancing at that location and he accepted that. Mayor Morgan said we have done this in the past; we have let them dance until 2:00 a.m. instead of 12:00 midnight. Mr. Post continued, we did it for the previous owner who applied for a CUP and it was granted; Mr. Reyes came in rather late. City Attorney Eiser said there is no mechanism provided on this short notice; the problem is not having enough time; this is in the Municipal Code; something like this would require a Code amendment. Discussion. Moved by Dalla, seconded by Van Deventer, this be filed. Councilman Waters said Mr. Reyes has been cooperative, and once a year we do a lot of things and make exceptions; he doesn't think this is any big deal. Mayor Morgan said we could have a liability. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Morgan. Nays: Waters. Mayor Morgan called a recess at 5:18 p.m. Council reconvened at 5:24 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. INTERVIEWS FOR BOARDS AND COMMISSIONS (CONT'D.) Vice Mayor Van Deventer welcomed the applicants and called them forward within committee designations. Mr. VanDeventer announced that we have one additional opening that was not advertised; there is a vacancy on the Library Board of Trustees. CIVIL SERVICE COMMISSION Mr. Van Deventer announced there is one vacancy on the Civil Service Commission and the incumbent (Doris McKinney) has re —applied. JAIME CUEVAS, 2715 Plaza Blvd., was present and said he is a student at San Diego State; he has lived here most of his life and he wants to get involved in the community; his first choice is the Planning Commission, second choice Civil Service Commission and third choice Housing & Community Development. PARKS & RECREATION ADVISORY BOARD MARIA LOZANO, 3440 Plaza Blvd., was present and said she has been a resident for nine years; she applied because when her children were small they attended the Parks and Recreation programs and she is very interested; her first choice would be the Traffic Safety Com mittee. DAMES HEINZ, 1522 E. 22nd St., was present and said City records show he has served eight years but he has not; he would like to continue doing what the Com mittee has been doing and see some of the programs through completion; he is very happy with what they have been doing. Book 66/Page 165 12/17/85 PLANNING COMMISSION Vice Mayor Van Deventer reported there is one term on the PLANNING COMMISSION that will expire on March 31, 1988 and two terms that start on March 31, 1986. (GENE BOWMAN, applicant for the Planning Commission, 845 E. 8th St., was present earlier in the meeting, but had to leave before the interviews.) RONALD DETZER, 523 "F" Ave., was present and said he was interviewed for this position last time and doesn't have anything to add. ERNEST HANSEN, 510 E. 5th St., was present and said he applied for the Planning Commission because he likes the way things are being done now; he has had a lot of construction experience; he is retired and available at any time. GEORGE HOOD, 1521 E. 22nd St., was present and said he applied for several positions, but the Planning Commission would be his first choice; he has lived in National City for seven years and he is pleased with the development taking place; he would like to participate. CAROLYN KRUSE, 1141—B "D" Ave., was present and said she has been a resident since 1979; she started a business in 1981; she is interested in the future development of the City and she has experience in government planning; the Planning Com mission would be her first choice but she is also interested in the Com mittee for Housing & Com munity Developm ent. Councilman Cooper reported JAMES LADD called him this afternoon and said he would not be able to be here tonight; he has applied for the Planning Commission. AIDA RODRIGUEZ, 1440 "I" Ave., was present and said she has lived in the City since she was eight years old; she has three children in the School District and she has been active in the school; she has time to dedicate. DONALD VAN DENOVER, 226 E. 4th St., was present and said he has lived in National City for 43 years; he is retired and is interested in the future of the City; he would like to give something back to the City; he would like to serve on the Planning Commission. The City Clerk reported that DAVID WIGNALL (applicant for the Planning Commission) advised her he would be going out of town and he might not have gotten the notice of the interviews. WINDFRED "BEN" BENSON, 1325 Carol Place, was present and said he has lived in National City since 1958; he was very active in the City for about twelve years and now it's time to go to work again to help out the City; his first choice is the Sweetwater Authority Board, second choice the Port Com mission, and third choice the Planning Commission. ANTON GERSCHLER (See Page 168, Para. 2) SENIOR CITIZENS ADVISORY BOARD No incumbents were present. See Page 162, Para. 2 for interview of Raymond Spann. STREET TREE AND PARKWAY COMMITTEE Vice Mayor Van Deventer announced there is one vacancy on the STREET TREE AND PARKWAY COMMITTEE that would expire on April 30, 1990; RICHARD ARANDA has applied, but is not present. SWEETWATER AUTHORITY Vice Mayor Van Deventer reported that RICHARD ARANDA, WINDFRED "BEN" BENSON, GEORGE HOOD, RALPH HUGHES, MAYOR MORGAN and JESS VAN DEVENTER had applied for the SWEETWATER AUTHORITY BOARD; Mr. Hughes could not be present tonight. (See Page 167, Para. 2; Councilman Waters adds his name to list of candidates.) Book 66/Page 166 12/17/85 TRAFFIC SAFETY COMMITTEE Vice Mayor Van Deventer announced that there are three vacancies on the TRAFFIC SAFETY COM MITTEE; three incumbents (Roy Fierro, Alex Torres and Kathleen van Arum) have applied for reappointment; MARIA LOZANO has also applied for this position. Councilman Waters said he would like to add his name to the list of candidates for the Sweetwater Authority Board. Discussion. Moved by Waters, seconded by Morgan, the Board/Committee/Commission appointm ents be made on January 14, 1986. Carried by unanimous vote. Vice Mayor Van Deventer thanked the applicants for attending tonight. Councilman Waters said the people who have submitted applications will be the only ones considered; no further applications will be accepted for consideration at this time. OTHER BUSINESS Fire Marshal Schiff's report on SMOKE DETECTORS IN OLDER DWELLINGS (On September 24, 1985, the Fire Dept. presented a report on smoke detectors; in the report, the Fire Chief was seeking direction on developing an Ordinance which would require all dwelling units to have at least one smoke detector; there was discussion related to the enforcement of such an ordinance and the difficulties involved; Council directed the Fire Chief to place the issue on the agenda for review in 90 days; the report has been modified with a recom mendation which will encourage the use of smoke detectors, but will not require them by Ordinance in single—family dwellings; see Document No. 73188) was presented. Fire Chief Kimble said he would like to pursue some alternatives; he thinks we can achieve similar results without an ordinance at this time; he will know within two years if it is effective. No Council action taken. The recommendations of the STREET TREE AND PARKWAY COMMITTEE (The following street tree removals: 1516 Hoover, Charles Powell, street tree roots are breaking the sidewalk and creating a hazard; removal recommended upon payment of $15.00 toward replacement; 530 E. 3rd St., Mr. & Mrs. Dean Vannoy, two street olive trees are a hazard to elderly pedestrians due to dropping fruit; sidewalk and curb are damaged; payment of $30.00 by homeowner toward replacement trees; 3601 E. 1st St., Vincent Tuminting, one street tree has roots raising the sidewalk and homeowner's driveway entrance; no replacement due to insufficient space) were presented. Moved by Waters, seconded by Van Deventer, in favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. CITY MANAGER City Manager McCabe reported Bob Arthur, National City Transit, was present to speak re liability insurance; liability insurance is getting difficult to obtain and the bus company is having some problems. BOB ARTHUR, National City Transit, was present and said the transit industry is in a crisis situation with their liability insurance; he thought we had until April until we had to start worrying; Transit Casualty went into receivership last week and NCT received notification that their policy is being cancelled December 20 at midnight; NCT has a good safety record and Transit Casualty had been assuring him there was no problem; there are only two companies in the nation that will consider giving him a quote and he may not get the quote before December 20; they had $10 million of liability insurance for about $40,000/year; he is now estimating that they might be able to get $1 million for $70,000; he is concerned about what to do on December 21; currently National City has a capital reserve of somewhat in excess of one—half million dollars they have been holding for a maintenance facility; if they do not receive some type of coverage prior to the expiration date of the current policy, they can go self —insured until such time as they can obtain coverage; he should have some figures within two weeks. Discussion. City Attorney Eiser said as far as the possibility of the transit company operating without insurance, the insurance is required by the City because the loss involved in operating the buses is borne by the transit company and when they obtain insurance, it is borne by the insurance company; to the extent that that insurance coverage is no longer available, the loss is then borne by the company itself and possibly the City; if a major claim was filed, the loss could be borne by the City. Further discussion. City Attorney Eiser said it comes down to the question of whether we want to allow the buses to operate under those circumstances. Further discussion. Moved by Cooper, seconded by VanDeventer, we allow NCT to operate until they get insurance. Discussion. Moved by Cooper, seconded by Van Deventer, the motion be amended to authorize NCT to pay up to Book 66/Page 167 12/17/85 $100,000 for $1 million liability coverage. Mayor Morgan recognized Johnnie Lou Rosas (National City Star News) who was present in the audience, and said the media has a responsibility to educate the public; the little people have to pay big judgments; the press has not told the public who really pays the bill. Councilman Cooper said he thinks in the next session of the State Senate we will see some legislation passed that will alleviate some of these problems; Senator Deddeh spoke to the Lions Club a couple weeks ago and he said there was legislation trying to remedy some of these problems. Discussion. Councilman Waters said he would never operate without insurance; he would never vote to allow NCT to operate without insurance; the bus company is important, but he will not support it to a point where we could possibly bankrupt the City. Further discussion. Councilman Cooper said one reason he made the motion to allow them to operate — we have never had a year in which the claims totalled more than $10,000; he believes that rather than disrupt the bus service, he can see no fault in having them operate. Further discussion. Motion and amendment carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Waters. Abstaining: Morgan. Mr. Arthur was told to advise Council if he runs into any problems; a special Council meeting could be called if necessary. Vice Mayor Van Deventer announced ANTON GERSCHLER who applied for the Planning Commission had just arrived. Councilman Dalla inquired if there was any other Board or Com mission Mr. Gerschler would be interested in. Mr. Gerschler said he would be interested in the Civil Service Commission; he has been in the com munity for several years; he would be glad to serve the City wherever he could. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan asked Public Works Director Williams if there was any way we could correct the turn lanes at 24th & National City Blvd. and 24th & Hoover; they hold traffic up and traffic backs up on National City Blvd. Mr. Williams replied that both of those intersections are currently under the control of the contractor on the sewer; they will be working properly when the contractor gets it straightened out. Councilman Cooper inquired about the length of time for left turns at the signal at 30th & Highland. Mr. Williams replied it is almost two full minutes right now; it can be reset, but cars would have to sit in the left turn lane through more than one cycle. Mayor Morgan asked if we had people in—house who could adjust the timing on the signals. Mr. Williams said we do. CITY COUNCIL Councilman Dalla said we have an Ordinance prohibiting the sale of spray paint to minors; he is not sure the stores in the City are aware of this law and we should make an effort to notify business establishments that there is an Ordinance against selling spray paint to minors. City Manager McCabe said he would look into this. Councilman Dalla spoke of the sale of pumpkins (prior to Thanksgiving) and now Christmas trees at a private residence at 8th & Harbison; it is a 24—hour operation and the neighbors are unhappy; our Code has very lax controls over that type of use. Moved by Dalla, seconded by Morgan, this be referred to the Planning Dept. for study and development of standards to control where such items may be sold and the hours they operate. Discussion. Carried by unanimous vote. Councilman Waters said he is concerned about the downtown area; he keeps hearing about Travelodge and different motels and banks going into that area. Mayor Morgan said he owns the Standard Station at 8th & National City Blvd. and excused himself. The Mayor left Council Chambers at 6:22 p.m. Councilman Waters continued, we are spending millions of dollars for acquisition and demolition of buildings and he is concerned about the lack of planning for the area; perhaps we should have a couple Council members and some type of committee to look at what we already have in this City and what we might need to get the highest and best use in that area. Vice Mayor Van Deventer said he brought this matter up to Mr. Peterson and he said it was too soon to even start considering that. Councilman Cooper said he agreed with Mr. Waters and would be happy to work on such a com mittee. Book 66/Page 168 12/17/85 Vice Mayor VanDeventer addressed Mr. Gerschler to advise him that Council would be making the committee appointments on January 14, 1986. Vice Mayor VanDeventer and Councilman Cooper wished everyone a Merry Christmas and a Happy New Year. ADJOURNMENT Moved by VanDeventer, seconded by Waters, the meeting be adjourned to 4:00 p.m., January 7, 1986. Carried by unanimous vote. Absent: Morgan. The meeting closed at 6:25 p.m. CITY CLER, The foregoing minutes were approved at the regular meeting of January 14, 1985. Corrections No corliections MAYOR CITY OF NATIONAL CITY, CALIFORNIA