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HomeMy WebLinkAbout1983 02-01 CC MIN8 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 1, 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, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, McCabe, McLean, Sr. Civil Engr. 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. Hubert Campbell. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of January 25, 1983 be approved. Carried, -by the following vote, to -wit: Ayes: Camacho, Dallas Waters, Morgan. Nays: None. Abstaining: Van Deventer. PUBLIC ORAL COMMUNICATIONS HERMAN BACA, Chairperson, Committee on Chicano Rights, 105 So. Harbison, was present and spoke in regard to the City's policy on enforcement of Federal Immigration Law by the NCPD and cited former Attorney General Bell's opinion on the matter. Mr. Baca said he would have fifty of his people on the streets and if they were harrassed or arrested, they would bankrupt the City with lawsuits. The matter was referred to the City Manager for report. MARY SCHOENFELD, H & M GOODIES, 130 East 8 St., was present to inquire about condition No. 3 of the Conditional Use Permit under which the busi- ness operates. Mrs. Schoenfeld said Condition No. 3 prevents their auctioning vehicles and equipment and fixtures and she would like to have it changed. Director of Planning Gerschler said he would be in touch with her tomorrow. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13963, "resolution of the City Council of the City of National City, California, rescinding resolution No. 12,279 and adopting 1982 standard drawings for public works construction developed by the San Diego Area Regional Standards Committee" was listed on the agenda but was not presented. Resolution No. 13,964, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING GRANT OF EASEMENT FOR PUBLIC STORM DRAIN FROM SWEETWATER TOWN AND COUNTRY (Lot 2 of Subdivision Map 8432)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,964 be adopted. Carried by unanimous vote. Resolution No. 13,965, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING EASEMENT FOR PUBLIC STORM DRAIN FROM SWEETWATER TOWN AND COUNTRY (Lot 10 of Subdivision Map 8432)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,965 be adopted. Carried by unanimous vote. Resolution No. 13,966, "RESOLUTION OF THE CITY C,..UNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING CONVEYANCE OF REAL PROPERTY FOR PUBLIC PURPOSES (Grant Deed from Austin J. Oliver)." Moved by Waters, seconded by Camacho, Resolution No. 13,966 be adopted. Councilman Dalla asked if there had been a lot of interest shown by the seniors, or others who use the golf course, that they want the City to spend $120,000 to acquire this land, saying we are acting on this to the tune of $120,000 and no one has ever come before us and said they wanted it. Mayor Morgan said they have 120-125 members in their association there and they need a clubhouse for tournaments and a place to fill out their score cards, etc. 2/1/83 Vice Mayor Camacho said we have discussed the needs on many occasions; they need someplace to have a sandwich or a bottle of beer; just once the people who made National City what it is should have something for them- selves; we can enhance the property. Mayor Morgan said the City is not going to spend money on the clubhouse and restaurant. Councilman Dalla said he was under the impression they have some sort of return on the property; the City has had only one check in fifteen years; now Mr. Oliver is willing to sell the property and he could not understand why they (golf course lessee) cannot buy from him without the City being involved. Mayor Morgan said Mr. Oliver will pay 5%. Councilman Dalla asked if the City would negotiate a lease with Mr. Jackson or just modify the existing lease. Mayor Morgan said the property belongs to the City. Councilman Dalla asked again if the City would negotiate the lease or modify it. Mayor Morgan said this is a separate deal that should be negotiated and should not be wrapped up in the golf course; if they take in $10,000 there will be $500 for the City; if they take in $20,000 a month, that's a thousand for the City; he had never seen a private deal done that way. Councilman Dalla asked if that was 5% of the gross or net food sales. Mayor Morgan said we were only talking about buying the property now. Councilman Waters said private enterprise can build a restaurant, it is not tied to one invididual. Councilman Van Deventer asked if we have a person who wants to build there, are we tied to just one individual. Mayor Morgan repeated we are only buying the property now. Councilman Van Deventer said he was not concerned about buying the property, he was concerned about this 5%, should it be put out to bid. Vice Mayor Camacho said he would like to see us buy this property and approach the golf course people and if they don't come up in a certain time, then put it out to bid. Councilman Van Deventer said we can come up with anything in the world, not a locked -in 5%; we will set the rules. Councilman Waters said we will set the rules. Mayor Morgan said the 125 people have to have a clubhouse; these people have just as much right as those seniors who use the Kimball Community Hall. Councilman Van Deventer said if he is going to make money, we should share in the profit and 5% is not sharing. Councilman Dalla said for the record, if the current operator is the one who builds the facility and if he is not making a profit he has to pay for the building; will he raise the price; will they be able to afford to play golf. Mayor Morgan said there are so many stipulations you put in there we may never get moving. Councilman Waters said no doubt it is a good location; if we build a decent, first-class restaurant there and a pro shop, it would support itself and would generate money. Councilman Dalla asked if they could foresee any additional City expenditures. There appeared to be consensus there would be none. Motion carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Resolution No. 13,967, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING PAYMENT OF $50,000 AS PARTIAL CON- SIDERATION FOR PURCHASE OF REAL PROPERTY." Moved by Camach9,seconded by Waters, Resolution No. 13,967 be adopted. Carried, by the following vote, to-wt: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Resolution No. 13,968, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS." Moved by Waters, seconded by Camacho, Resolution No. 1 ,9 968 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Resolution No. 13,969, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE STRAIGHT NOTE (WITHOUT INTEREST) IN FAVOR OF AUSTIN J. OLIVER." Moved by Waters, seconded by Camacho, Resolution No. 13,969 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Resolution No. 13,970, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEED OF TRUST AND ASSIGNMENT OF RENTS." Moved by Waters, seconded by Camacho, Resolution No. 13,970 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. 2/1/83 10 ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1791 (2A/a3-1), "AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO PROHIBIT APPROVAL OR ISSUANCE OF RESIDENTIAL PLANNED DEVELOPMENT PERMITS, ZONE CHANGES AND BUILDING PERMITS FOR THE CONSTRUCTION OF THREE OR MORE RESIDENTIAL DWELLING UNITS ON A SINGLE SITE PENDING FURTHER UPDATING OF THE GENERAL PLAN." Moved by Camacho, seconded by Waters, Ordinance No. 1791 (2/1/82-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 30, dated 1/25/83, in the amount of $240,434.43 (Warrants Nos. 78760 to 78842 - Voided Warrants: 78759, 78768, 78774, 78779-78782, 78789) and PAYROLL for the period ending 1/15/83 in the amount of $223,469.01 was presented. Moved by Waters, seconded by „Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dana, Van Deventer, Waters, Morgan. Nays: None. The AWARD OF BID G.S. 8283--3 CONTRACT FOR STREET MATERIALS: Asphaltic concrete and super cold mix (annual requirements for two street materials were submitted to six vendors according to formal bid process...four vendors responded...lowest bids were submitted by Huntmix for Asphaltic Concrete and by Daley Corporation for Super Cold Mix...bids on file in Purchasing Dept...recommendation Asphaltic Concrete be awarded to Huntmix at cost of $68,075.00 and Super Cold Mix to Daley at cost of $4,470.00) was presented. Moved by Van Deventer, seconded by Camacho, in favor of awarding the bids as recommended. Carried by unanimous vote. The Engin®ring Department's recommendation for one disabled person on - street PARKING SPACE in front of the church entrance on C Street for the First United Methodist Church at 242 East 8th Street (Church requested one disabled parking space...this location qualifies under Council policy) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff recommendation. Carried by unanimous vote. The CLAIM FOR DAMAGES of MARIO ALBERTO ROMERO relating to an accident on January 17, 1983, was presented. Moved by Waters, seconded by Camacho, it be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of NELSON A. BELGAR arising from an incident on January 16, 1983, was presented.. Moved by Waters, seconded by Camacho, it be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their meeting of January 20, 1983 (1637 Alpha St.: remove two street trees which are raising the sidewalk and causing sewer problems, no replacement due to narrow parkway; 1317 Hoover Ave.: remove street pepper tree which is breaking through sidewalk and creating a hazard, requires payment of $10 for replacement; 2125 N Ave.: remove a pepper tree which has invaded the telephone wires, raised the sidewalk and is causing sewer problems, requires payment of $10 for replacement) was presented. Moved by Waters, seconded by Camacho, in favor of the Committee's recommendations. Carried by unanimous vote. Reco sendations of the TRAFFIC SAFETY COMMITTEE from their meeting of January 19, 1983 (1. Paint a cross -walk at the intersection of 24th and Wilson on 24th Street - NOTE: The City's Traffic Engineering Consultant, Mr. James Federhart, studied this request and recommended against place- ment of the cross -walk as it would create a false sense of security for pedestrians and a traffic hazard for vehicles, and 2. Install east/west stop signs on 15th Street at Hoover Ave.) were presented. Moved by Van Deventer, seconded by Camacho, in favor of the Traffic Safety Com- mittee recommendations. Moved by Morgan, seconded by Van Deventer, the 2/1 /8 3 11 motion be amended to approve the consultant's recommendation on item 1. Discussion of the problems of a cross -walk, City's liability, the desire of restaurant owners on the south side of 24th Street to have the patronage of employees of San Diego Federal, etc. Seconds and motions withdrawn. Moved by Morgan, seconded by Camacho, to approve item 2 and send item 1 back to Traffic Safety Committee with a recommendation Council would like to see some kind of cross -walk if traffic safety can be provided. Carried by unanimous vote. CITY MANAGER City Manager McCabe introduced the new City Engineer, John Benzing, who was present in the audience. CITY ATTORNEY - No report OTHER STAFF - No report MAYOR Mayor Morgan requested ratification of his signing an AGREEMENT FOR ESTAB- LISHMENT AND MAINTENANCE OF :NATIONAL CITY NUTRITION PROJECT (City Attorney saw no problems) for the preparation of food at Morgan Towers to be served at St. Anthony's Church and Morgan Towers under funding from the Older Americans Act and administered through the Area Agency on Aging of San Diego County. Moved by Camacho, seconded by •Dalla, in favor of the Mayor's signing. Carried by unanimous vote. CITY COUNCIL Councilman Van Deventer said he was concerned about the animal control officer; he had heard he was assigned to work from 8:00 a.m. to 5:00 p.m.; he thought rotating the hours would enable him to work more effectively; and asked for a report. The Mayor asked the City Manager to report. Councilman Waters said some years ago the City Council attempted to estab- lish parking rules for motor homes and dropped it because there was so much opposition; as a result of the bus parked on Manchester, police officers have been citing owners of motor homes parked on the street for more than 72 hours; he did not think this was Council's intention. ADJOURNMENT Moved by Van Deventer, seconded by Camacho, the meeting be adjourned to 7:00 p.m. for the public hearing on the General Plan. Carried by unanimous vote. The meeting closed at 4:54 p.m. The foregoing minutes were approved at the regular meeting of the City Council on February 8, 1983. Corrections s/ No Corrections MAYOR CITY CF NATIONAL CITY, CALIFORNIA 2/1/83