Loading...
HomeMy WebLinkAbout1983 01-04 CC MIN227 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 4, 1983 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. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, McCabe, McLean, Sr. Civil Engineer Pachon. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of December 14, 1982 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS DAN HALL, 124 N. 3rd, El Cajon, was present and said he wanted to appeal action of the Planning Commission; he had written a letter to Mayor and Council. JIM WERMERS, 233 'A' Ave. was also present to speak in regard to Mr. Hail's problem. They were advised the proper time for this was the General Plan Hearing. Discus ion. (The General Plan Hearing was set after the meeting for 7:00 p.m., Tuesday, February 1, 1983.) Mayor Morgan gave a State of the City Report, saying in 1982 Kimball Park was improved; application was made for another Seniors' Tower; Plaza Bonita completed its first full year, with most of the stores rented; ground was broken for the new Sav-On and Safeway in South Bay Plaza; the contract has been signed for the new fire station; a computer company has moved into Heritage Park; the City is in good financial shape, the best in years; we are going to move ahead and glean up downtown National City; we will be opening six more thgaters and a health club; hopefully, 1983 will be a boom year for National City. ADOPTION OF RESOLUTID NS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,942, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant of Easement for storm drain from Pacific/DSL No. 1, a joint venture)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13, 942 be adopted. Carried by unanimous vote. Resolution No. 13,943, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY FOR STREET PURPOSES (426 7th Street - Martin)." Moved by Van Deventer, seconded by Camaoho, Resolution No. 13,943 be adopted. Carried by unanimous vote. Resolution No. 13,944, "RESOLUTION DEDICATING CITY -OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A portion of 7th Street)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,944 be adopted. Carried by unanimous vote. Resolution No. 13,945, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Fence in public right-of-way, 234 Drexel Avenue)." Moved by Waters, seconded by Van Deventer, Resolution No. 13_1945 be adopted. Carried by unanimous vote. 1/4/83 Resolution No. 13,946, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY PUBLIC IMPROVEMENT PERMIT (1505 Cleveland Avenue Moved by Dalla, seconded by Camacho, Resolution No. 13,946 Discussion. Carried by unanimous vote. 228 SPECIAL - Davis)." be adopted. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 24, dated December 14, 1982, in the amount of $134,617.33 (Warrants Nos. 78339 through 78408 [78338 voided]), RATIFICATION of WARRANT REGISTER NO. 25, dated December 21, 1982, in the amount of $56,466.86 (Warrants Nos. 78410 through 78496 [78409 voided]), CERTIFICATION of PAYROLL for the period ending December 15, 1982, in the amount of $229,865.83, and RATIFICATION of WARRANT REGISTER NO. 26, dated December 28, 1982, in the amount of $147,932.55 (Warrants Nos. 78498 through 78552 [78497 voided]) was presented. Moved by Waters, seconded by Camacho, 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 Treasurer/Finance Director's CONSOLIDATED CASH REPORT for the period ending November 30, 1982 was presented. Ordered filed by unanimous vote. The City Clerk's report on the RESULT of OPENING of SEALED BIDS (Six bids were received: Asphalt, Inc. - $184,999.00, R. E. Hazard Contracting Co. - $179,840.00, KTA Construction, Inc. - $188,620.00, T. B. Penick & Sons, Inc. - $187,921.00, Pullaro Contracting Co. - $163,403.80, Reynolds Construction Co. - $171,130.00) was presented. Moved by Dalla, seconded by Van Deventer, this be referred to the City Engineer for a report. Carried by unanimous vote. The City Engineer's request for APPROVAL of CHANGE ORDER NO. 2, "RESURFACING AND RECONSTRUCTION of VARIOUS STREETS in National City, Engineering Dept. Spec. No. 926 (During the reconstruction and resurfacing of Cleveland Ave., deteriorated curbs and driveways had to be adjusted to grade by replacement; a sewer lateral had to be replaced; the necessity for this change order was presented by Ralph Grahl at the pre -council meeting on October 26, 1982; this change order amounts to 1.2% of the project bid price; total cost is $3,024 and funds are available; staff recommends this Change Order be approved and the Acting City Engineer be directed to sign same) was presented. Moved by Van Deventer, seconded by Waters, in favor of this request. Discussion. Carried by unanimous vote. The City Manager and City Engineer's REPORT of HEARING on 'F' AVENUE SEWER, District No. 215 (The City Manager and City Engineer have conducted a hearing as required; actions Council may take are as follows: 1. Overrule all protests and direct the proceedings to continue under the 1911 Act; 2. Overrule all protests, increase the City contribution from $8,000 to $32,000 to cover outran_ sewer costs, adjust all assessments accordingly, and direct the proceedings to continue under the 1911 Act; 3. Abandon the proceedings at this point, recognizing that the problem of sewace collection still exists in the area; 4. Any action the Council feels feasible and justifiable at this time; staff recommends the report be accepted and filed, and Council make a finding per one of the above noted conclusions) was presented. The City Clerk reported a protest petition was received, said petition has been reviewed by the City Engineer, and there is an 89% protest. Discussion. ROBERT ONLEY, Engineering Staff Assistant, was present and said if there is more than 50% protest, Council can make any changes they want, but the 50% protest must be overruled first. City Manager McCabe said there is some problem with some of the cess pool/septic tank arrangements; however, everyone is not affected, and possibly the problems could be solved by pumping out the septic tanks; if it turns out that the pools/tanks are inadequate, the County Health Department 1/4/83 229 would be notified and they would probably issue an ultimatum that sewers be installed and hooked up. Further discussion. ELIZABETH HAWKINS, 3109 'F' Ave., was present and inquired about the zoning in this area, and said the larger property owners would be carrying the burden; the benefits received would be unequal. Further discussion. An unidentified man was present and said the assessments are way too high; they can't afford to pay them. Mr. Onley said a petition requesting the sewer was brought to the City Council; there was more than 50% but less than 60% in favor; therefore, Council decided to go along with the program under the 1931 Majority Protest Act. Further discussion. Moved by Morgan, seconded by Camacho, this be laid over to March 8. MARY O'NEILL, 3116 'F' Ave., was present and said the way the City is charging, the Senior Citizens in this area might have to sell their homes; the man who owns the swap meet was not mentioned at any of the meetings; is the City charging the other property owners for his section of the sewer? Discussion. Carried by unanimous vote. The CLAIM for DAMAGES of MARIAN BROOMALL, resulting from an incident on September 25, 1982, and filed with the City Clerk on December 20, 1982 was presented. Moved by Van Deventer, seconded by Della, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The request of the NATIONAL CITY CHAMBER of COMMERCE and CIRCUS VARGAS to conduct a CIRCUS on January 14 to January 17, 1983, National City Blvd. at 33rd St., from 9:30 a.m. to 11:00 p.m. (Circus Vargas, in conjunction with the N. C. Chamber of Commerce and C. V. Chamber of Commerce, are requesting to conduct a Big Top Tent Circus January 14-17, 1983, from 9:30 a.m. to 11:00 p.m.; security will be provided by Circus Vargas; this request has been reviewed and approved by Building & Safety, Planning, Fire, Finance and Police Departments, subject to the following conditions: permit to be obtained from the Fire Dept.; no autos to be parked within 20 feet of tent; no smoking or open flame shall be allowed inside tent; illuminated "exit" signs shall be provided; no flammable or combustible liquids shall be stored; standby firemen shall be provided; a certificate of liability insurance shall be filed with the City) was presented. Discussion. STEPHEN ECLES (representing Circus Vargas), 5151 Long Branch, San Diego, was present and answered Council's questions. Further discussion. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PLANNING Planning Commission Resolution No. 54-82 APPROVING CONDITIONAL USE PERMIT to ALLOW SALES, SERVICE and REPAIR of new and used OFFICE MACHINES with incidental sales at 520 Highland Avenue, CUP-1982-21 (... involves the use "sales, service and repair of new and used office machines" with incidental sales of related equipment and supplies; the use "office machine repair" is listed in Appendix D of the Land Use Code as a permissible use in the Central Business District zone with issuance of a Conditional Use Permit; this use is to be established within an existing single -story structure containing 610 sq. ft. of floor area, located on the West side of Highland Ave., between 5th and 6th; the Planning Commission imposed 9 conditions upon their approval of this CUP; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 55-82 APPROVING ZONE VARIANCE to ALLOW REDUCTION in required OFF-STREET PARKING from 2 spaces to one space at 520 Highland Ave., Z-10-82 (... involves a request to reduce the number of off-street parking spaces required in conjunction with the use "office machine repair" at 520 Highland Ave.; applicant applied for Zone Variance to reduce the number of off-street parking spaces required from 2 to 0; the Planning Commission could find justification for reduction in one space only and took action to approve the 1/4/83 230 reduction in one space subject to 6 conditions; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 56-82, APPROVING CONDITIONAL USE PERMIT to ALLOW 3 OUTDOOR AUCTIONS at 404 West 24th St., CUP-1982-23 (... involves a proposed outdoor auction to be conducted on 3 separate occasions, 3 days each in duration at the Southport Business Center by "Mad Jacks" retail stereo store; auctions are proposed to be conducted on a Friday [3:00 p.m. to 7:00 p.m. , Saturday [11:00 a.m. to 6:00 p.m.] and Sunday [12:00 noon to 5:00 p.m.]; the set-up will include a podium and two tables with microphone and two speakers; barricades will be erected around the 4 parking spaces allocated for "Mad Jacks" stereo store use; an estimated 20-30 customers will stand to make bids; items for sale within the store and on the sidewalk in front of the store; security will be provided by the store management; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. STREET TREE AND PARKWAY COMMITTEE The Street Tree and Parkway Committee's recommendations from their meeting of December 16, 1982 (... the following street tree removals: Charles Ramm, Inter -City Manor, 2101 'L' Ave., tree roots of frontage trees are raising the sidewalk, approval is subject to signed hold harmless agreement by the owner for any damage to turf or irrigation system during removal of street trees, requires payment of $10.00 each for six trees; Mrs. Emma Hougendyk, 920 E. 16th St., street palm tree is overgrown and has invaded the overhead wires, requires payment of $10.00; San Diego Gas & Electric, 1048 E. Ave., street tree has grown into the power lines and cannot be trimmed, no replacement due to excessive parkway trees; Office of the City Manager, 631 E. 6th St., four evergreen elms [one is a dying tree] are messy and property owner is having plumbing problems; removal of two on 'G' Ave. upon payment of $10.00 for replacement of one tree) 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 - No report. CITY ATTORNEY - No report. OTHER STAFF The City Clerk inquired about setting a hearing date for the General Plan. Discussion. After the meeting, the hearing date was set for February 1, 1983 at 7:00 p.m. Acting City Engineer Pachon announced that the private street from 'L' Ave. to South Bay Plaza Shopping Center will be closed from January 12 to April 1, due to construction of drainage improvements and reconstruction of the road. MAYOR Mayor Morgan commented to the City Manager that when we hire a new City Engineer, we would have two full-fledged engineers and inquired if that was necessary. City Manager McCabe said we need a registered engineer familiar with a number of areas, and our design engineer is not up to that capacity at this time. Mayor Morgan inquired about the fencing at San Diego Federal where it faces the trolley station. City Manager McCabe replied that San Diego Federal has purchased the West corner; the City will strike an agreement with San Diego Federal re the fencing. 1/4/83 231 Mayor Morgan said a newspaper reporter who covers business openings has been asking the owners if the Mayor got a commission; he has not received a commission from the sale of a property in 30 years; the Mayor and Council are not crooks and do not have their hands out. CITY COUNCIL Councilman Waters spoke of 'X' rated shows on Cable TV Channel 22 and asked if a Resolution could be prepared protesting such programming and sent to the FCC. Moved by Morgan, seconded by Camacho, the City Attorney be authorized to draw up a Resolution protesting this type of programming on TV. Councilman Waters said perhaps when the cable franchise is up for renewal next year, we should go out to bid. Motion carried by unanimous vote. Councilman Waters inquired about the campaign expenditure statements of the "No on W" people. City Attorney McLean said he would have a report on the agenda. Councilman Van Deventer inquired about the City's participation in the Sheriff's helicopter program; National City's share would be $10,600. Discussion. Moved by Van Deventer, seconded by Waters, the City allocate up to _152 000 toward the helicopter program. Carried by unanimous vote. Councilman Van Deventer inquired about maintenance of the trees planted at 16th and National City Blvd. Discussion. There was consensus it is a CDC problem; the City Manager was asked to take care of it. Vice Mayor Camacho commended park/Recreation Superintendent Jim Ruiz for finding trees for the park, and requested Council set aside money to purchase additional large trees for the park. Mr. Camacho was advised to bring this up during budget sessions. Mayor Morgan called an Executive Session for Personnel Matters at 5:00 p.m. Council reconvened at 5:14. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:00 p.m., January 11, 1983. Carried by unanimous vote. The meeting closed at 5:15 p.m. The foregoing minutes were approved at the regular meeting of the City Council on January 11, 1983. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/4/83