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HomeMy WebLinkAbout1984 03-13 CC MINBook 64 Page 86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 13, 1984 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Father William Ortman, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of March 6, 1984 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's recommended appointment of Sidney J. Colvin (presently a Director of the Board of Sweetwater Authority) to the Board of Commissioners, San Diego Port District was presented. Mayor Morgan reported Mr. Colvin has withdrawn his name.* Councilman Waters said Mr. Colvin came in to see him; he appreciates Council's offer and thanked him for their consideration; perhaps he can serve in the future. Moved by Waters, seconded by Van Deventer, Delton Reopelle (past School District Superintendent) be appointed to the San Diego Port District Board of Commissioners for the remainder of F. George James' term (January 2, 1985). Discussion. Carried by unanimous vote. The Mayor's recommended appointment of Lorenz H. Ruehle to the Board of Directors, Sweetwater Authority was presented. Councilman Waters reported that he spoke with Mr. Ruehle, and due to work commitments, Mr. Ruehle will be unable to serve on this board. PUBLIC ORAL COMMUNICATIONS AGNES WENGERT, 1127 'D' Ave., was present and spoke of the trash from apartments on the alley at 12th & 'D', saying the Homeowners' Association has tried to get cooperation from the apartment owners; the containers are always overflowing; they have called the Dept. of Sanitation and the apartment owners; it will be cleaned up for a while, but then the trash containers will be overflowing again; the trash containers are too small; possibly Edco could provide more containers. Mayor Morgan asked the City Manager to check into this. Councilman Van Deventer said with the new Ordinance Council adopted, we should be able to do something. DON LA CROSSE, 1125 E. 21st St., was present and thanked those members of Council who met with the CAL regarding a proposal which is to be presented tonight. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,269, "RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF INSTALLING AIR CONDITIONING AT THE CASA DE SALUD." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,269 be adopted. Discussion. Carried by unanimous vote. * See Document No. 70131. 3/13/84 Book 64 Page 87 Resolution No. 14,270, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE FACILITIES MAINTENANCE DIVISION." Moved by Waters, seconded by Camacho, Resolution No. 14,270 be adopted. Carried by unanimous vote. Resolution No. 14,271, "RESOLUTION APPROVING AN ENCROACHMENT REMOVAL AGREEMENT; CONCRETE BLOCK PLANTER 2120 PALM (MC MAINS)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,271 be adopted. Carried by unanimous vote. Resolution No. 14,272, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR TRAFFIC SIGNAL MODIFICATIONS ON HIGHLAND AVENUE AT 16TH, 18TH & 24TH STS., ENG. SPEC. NO. 939." Moved by Van Deventer, seconded by Dallas Resolution No. 14,272 be adopted. Carried by unanimous vote. Resolution No. 14,273, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY SPECIAL PERMIT (327 W. llth St. - Beauchamp)." Moved by Waters, seconded by Camacho, Resolution No. 141273 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Resolution No. 14,274, "RESOLUTION REPEALING ITEMS 1 AND 9 OF RESOLUTION NO. 14,207, AND ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR DRAINAGE PURPOSES AND ANOTHER ONE FOR SEWER PURPOSES (M. C. WEINER CO., SOUTH BAY PLAZA, PHASE II)." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,274 be adopted. Carried by unanimous vote. Resolution No. 14,275, "RESOLUTION ESTABLISHING 2-HOUR LIMITED TIME PARKING IN KIMBALL PARK PARKING LOT LOCATED NORTHERLY OF TENNIS COURTS AT THE EASTERLY END OF 15TH STREET, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Waters, this request be denied. Motion died for lack of second. Discussion. Moved by Waters, seconded by Morgan, Resolution No. 14,275 be adopted with no more than 6 2-hour parking spaces. Discussion. Carried by unanimous vote. OLD BUSINESS The City Manager and Planning Director's report on POSSIBLE ANNEXATION of LINCOLN ACRES (On December 13, 1983, a group of Lincoln Acres residents approached Council seeking guidance on how to begin annexation procedures; staff was directed to meet with these people and report back to Council; the report was made to Council on January 17, 1984, at which time the people interested in the annexation were directed to circulate a petition to determine the extent of community support; the petition, with 63 signatures, was presented to Council on February 28, 1984; annexation may now proceed in either of the following ways: 1. The people interested in annexation may present their petition directly to the Local Agency Formation Commission [LAFCO] and pay the $1,500 filing fee; the City would not become involved until after LAFCO's hearing; LAFCO would become the lead agency for environmental review; 2. Council may direct staff to work with LAFCO's staff to draft a resolution for adoption; this places the City in the role of "applicant" and the City becomes responsible for the $1,500 filing fee and the cost of environmental review which may amount to $10,000 in this case; annexation of Lincoln Acres would have a major effect on the Lower Sweetwater Fire Protection District; LAFCO has indicated that details of the probable dissolution of the district should be worked out with the district, the City of Chula Vista and LAFCO before the resolution is drafted; a meeting between all affected parties is tentatively scheduled for March 19, 1984; once all interested agencies have provided input, the annexation could move forward in a timely fashion) was presented. JANE MERRILL, LAFCO, was present and answered Council's questions. Ms. Merrill said she was not sure an Environmental Impact Report would be necessary; possibly a Negative Declaration would be sufficient and would 3/13/84 Book 64 Page 88 be a lot less costly. Discussion. Moved by Waters, seconded by Van Deventer, the residents file the petition, with the City paying the $1,500 filing fee. Discussion. RANDI FIMPLE, 2718 Grove St., was present and said many of the residents have heard nothing about this; they read about it in the newspaper; most of the residents of Lincoln Acres are not in favor of annexation. Ms. Fipple was advised there would be an election and the residents would be able to vote on this; the City did not initiate this; residents of Lincoln Acres brought in a petition with 60 signatures in favor of annexation; the City is not trying to force anything on them. GARY GRIFFIN, 2827 Prospect St., was present and said if this had not been in the Star News they would not have known about it; all they are asking is a chance to vote on the issue. CLARENCE FIMPLE, 2718 Grove St., was present and said when he heard about this, he went around the neighborhoo0 and got 29 signatures on a petition opposing annexation; he only talked to 3 people who were in favor of annexation. Discussion re fire protection in Lincoln Acres. Motion carried by unanimous vote. Planning Director Post said he suspects there will be more fees on top of the $1,500 filing fee within a short time. Ms. Merrill returned to the podium and said if they do a Negative Declaration, there is a $300 charge plus the cost of publication. Ms. Merrill distributed flow charts to Council and outlined LAFCO's procedures. Further discussion. Councilman Waters insisted property owners in:the Lincoln Acres area be notified of LAFCO's public hearing. Ms. Merrill said they would be notified and they could hold the public hearing in that area. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 36, dated March 6, 1984, in the amount of $50,296.33 (Warrants Nos. 83012 through 83047 [voided 83012]), and CERTIFICATION of PAYROLL for the period ending February 19, 1984, in the amount of $2=9,520.19 was presented. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Engineer's request for RATIFICATION of CONTRACT CHANGE ORDER for TRAFFIC SIGNAL MODIFICATIONS on Highland Avenue at 16th, 18th & 24th Streets, Engineering Specification No. 939 (On January 17, 1984, Council terminated this contract due to unforeseen underground conduit problems; the City Engineer was authorized to settle a final payment to Perry Electric, Inc., based on work performed; the final Contract Change Order shows deletion of work they could not perform; net decrease in contract price is $1,359.38; staff recommends this change order be ratified) was presented. Moved by Van Deventer, seconded by Waters, this change order be ratified. Carried by unanimous vote. The APPLICATION for PERMISSION to FILE a LATE CLAIM in the matter of the CLAIM FOR DAMAGES of Michael C. Wallen (Claim for Damages was filed with the City Clerk on December 29, 1983; claim was denied by Council and returned to the claimant; Application for Permission to File Late Claim and Claim was filed with the City Clerk on March 1, 1984) was presented. City Attorney McLean recommended this be denied. Moved by Camacho, seconded by Waters, this application be denied. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 4-84, APPROVING CONDITIONAL USE PERMIT to ALLOW a SELF-SERVICE GASOLINE STATION in conjunction with FEDCO at 1100 Highland Avenue, CUP-1984-3 (...involves the remodeling of an existing 8,000 sq. ft. automobile service and gasoline sales building in conjunction with the 107,000 sq. ft. Fedco Department Store; these buildings have been vacant for several years; applicant is required to 3/13/84 Book 64 Page 89 obtain a CUP to open a gasoline service station in the General Commercial Zone; entire site has an area of 14.33 acres with a combined Zoning and General Plan designation of General Commercial; proposed improvements include renovation of the automobile service building, removal of gas pumps and canopy from the building's North side, and the addition of 2 gas islands with 6 pumps on the East side; air and water will be provided on the South site and public restrooms will be accessible from the West side 3 the service station; proposed access to the service station is from c driveways entering the department store site, including three from .�,tghland Ave., one from Plaza Blvd., and one from Kimball Way; traffic would enter one way from the SE side of the service station to use the gas pumps and leave via a one-way exit to the West rear of the building; this pattern will allow stacking of about 25 vehicles between the isleway and the gas pumps; because traffic entering the gas station from Highland will cross in front of vehicles leaving the parking lot, the Director of Building and Safety and City Engineer have suggested that the traffic flow to the gasoline pumps be reversed so that vehicles exiting the/8Id281 etpaimps will do so on the East side of the building onto Highland; applicant proposes to mitigate this conflict by placing a Stop sign on the West side of the gasoline pump island entrance to stop cross traffic before exiting the site onto Highland Ave., and having a full time security guard at this location to direct traffic during all hours the Fedco store is open for business; the Planning Commission approved subject to 14 conditions set forth in said Resolution; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 5-84, APPROVING ZONE VARIANCE to ALLOW MORE THAN TWO SIGNS with a COMBINED TOTAL AREA OF 257 SQUARE FEET, IN LIEU OF THE 100 SQUARE FOOT maximum allowed for the zone at 1540 Plaza Blvd. (Arco Service Station), Case File No. Z-1-84 (Applicant is requesting 157 sq. ft. of additional signage [3 additional signs] to bring the gasoline service station into conformance with the new national image program: for ARCO; these additional signs include 2 principal identification wall mounted signs and 1 multiple copy wall mounted sign; this property is zoned Commercial Limited; the City's Land Use regulations limit the use of signs in the Commercial Limited zone to 2 signs per occupant, the combined total area of which shall not exceed 100 sq. ft.; the Planning Commission made a finding that the strict application of the City's sign regulations would deprive this property of privileges enjoyed by other properties within the same zone and vicinity, and approved the zone variance subject to 5 conditions; it should be noted that 150 sq. ft. of the requested signing consists of colored bands as opposed to conventional signing; this could help enhance the appearance of the service station; staff concurs with the Planning Commission's approval) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Planning Commission's ��� , recommendation, subject to the five conditions. Carried by ua�i vote: C'o;_�, CITY MANAGER - No report. CITY ATTORNEY City Attorney McLean recommended Robert C. Neal be employed by the City as outlined in his memo to Council. Moved by Van Deventer, seconded by Camacho, in favor of this recommendation. Discussion. Carried by unanimous vote. OTHER STAFF - No reports. MAYOR Mayor Morgan asked the Public Works Director if he was going to overlay all streets as budgeted for 83-84. Director, Public Works Williams replied they would be completed. 3/13/84 Book 64 Page 90 Mayor Morgan said it has been proposed that the City have a Bingo parlor in the old Safeway Store at 4th & Highland; he is not in favor of this. Moved by Morgan, seconded by Waters, this be sent to staff for recommendations. Discussion. City Attorney McLean said the present City Ordinance which was adopted pursuant to State Law never contemplated a proposal like this, and he suspects it will require some amendments to stop this; also, we never contemplated such a proposal in drafting the Land Use Code and it probably needs some amendments; if Council's policy decision is that they want Bingo restricted to premises operated by individual non-profit groups, he can draft the necessary proposed amendments; if the motion passes, a permit would not be issued. Further discussion. Motion carried by unanimous vote. Mayor Morgan inquired about letters sent to the people on Euclid. City Engineer Benzing replied we had received two responses and they will be following through with appraisals and negotiations on those parcels. Mayor Morgan inquired about the piece of property at 29th and 'A'. City Engineer Benzing replied the appraisal is being made now. Discussion. CITY COUNCIL Councilman Van Deventer asked for a report on April 24 on the feasibility of buying the utility poles and converting the mercury vapor lights to more energy efficient sodium lights. Discussion. Councilman Waters asked the City Manager to bring back a report next week on the cost. Councilman Waters reported on meeting with the Ministerial Association and Supervisor Tom Hamilton; the Association needs a 20 x 40 room or building; people call ministers at all hours of the day and night wanting food; they are looking for a central location where people can be sent; Supervisor Hamilton offered to pay one year's rent; if anyone knows of suitable space, let them know. Vice Mayor Dalla inquired about the status of Brandy's. City Attorney McLean replied they are out; they applied for an injunction in Superior Court on Friday; that was denied; their demurrer is still pending and is set for hearing on Friday; in the meantime, they are not in possession of the premises and the pcwer is off; if we go to bid and have a demolition contractor standing by, hopefully we'll be able to knock the building down; Brandy's is contending that the normal landlord/tenant law does not apply to a person who is kicked out by a governmental agency who is acquiring the property for a public purpose, and that it is necessary for the governmental agency, in its Complaint and Unlawful Detainer to allege that the agency has complied with its own rules under the displaced person provision of the California Relocation Law. Discussion. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m.z March 20, 1984. Carried by unanimous vote. The meeting closed at 8:01 p.m. CITY CLEOk The foregoing minutes were approved at the regular meeting of the City Council on March 20, 1984. d/ Corrections No Corrections .1/ MA -dR "Af CITY OF NATIONAL CITY, CALIFORNIA 3/13/84