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