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HomeMy WebLinkAbout1983 02-15 CC MINBook 63 20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 15, 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, Lalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Campbell, Gerschler, McCabe, Asst. City Attorney G. McLean. 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 Camacho, seconded by Dalla, the minutes of the regular meeting. of February 8, 1983 be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dallas Waters, Morgan. Nays: None. Abstaining: Van Deventer. PUBLIC ORAL COMMUNICATIONS AL ALVARADO, 2423 E. 20th St., was present and requested the City to sponsor use of the Community Bldg. on April 22 for a Town Hall Meeting held by Congressman Jim Bates. Moved by Waters, seconded by Van Deventer, this be referred to the City Manager to bring back a report to Council next week. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. (Item 11) The City Engineer's REPORT on the PROPOSED IMPROVEMENT in ASSESSMENT DISTRICT NO. 205, Alleys 8, 9, 10, 12, 13, 15, 16, 17 and 18 was presented. Moved by Camacho, seconded by Van Deventer, this report be approved. Discussion. Carried by unanimous vote. Resolution No. 13,973, "RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL CITY TRANSIT'S FINAL REVISED TDA CLAIM FOR FISCAL YEAR 1981-1982." Moved by Waters, seconded by Camacho, Resolution No. 13,973 be adopted. Carried by unanimous vote. Resolution No. 13,974, "RESOLUTION ADOPTING FOR USE THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1982 EDITION, AND THE STANDARD SPECIAL PROVISIONS OCTOBER 1982 EDITION." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,974 be adopted. Carried by unanimous vote. Resolution No. 13,975, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT 205 (Alley Nos. 8, 9, 10, 12, 13, 15, 16, 17 & 18)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,975 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,976, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS FOR DISTRICT NO. 205 (Alley Nos. 8, 9, 10, 12, 13, 15, 16, 17 & 18)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,976 be adopted. Carried by unanimous vote. 2/15/83 Book 63 21 Resolution No. 13,977, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (DISTRICT NO. 205, Alleys 8, 9, 10, 12, 13, 15, 16, 17, 18)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,977 be adopted. Carried by unanimous vote. Resolution No. 13,978, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (ASSESSMENT DISTRICT 205)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,978 be adopted. Carried by unanimous vote. Resolution No. 13,979, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFEF. OF FUNDS (INSTALLATION OF FIRE HYDRANT - SOUTH BAY PLAZA)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,979 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1792 (2/8/83-1), "ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING ORDINANCE NO. 1790 ADOPTED FEBRUARY 1, 1983 RELATING TO REGULATIONS AFFECTING LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1792 (2/8/83-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 32, dated February 8, 1983, in the amount of $163,767.75 (Warrants Nos. 78898 through 78979 [78898 voided]), and CERTIFICATION of PAYROLL for the period ending January 31, 1983, in the amount of $249,308.65, 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 application for ON -SALE BEER and WINE LICENSE, TYPE 41, PERSON TRANSFER, of Ben C. & Maria Robledo, dba CAFE DEL SOL, 543 Highland Ave. (Police, Planning and Building Departments state no objections) was presented. Moved by Van Deventer, seconded by Camacho, this license be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The City Engineer's REPORT on the PROPOSED IMPROVEMENT in ASSESSMENT DISTRICT NO. 205, Alleys 8, 9, 10, 12, 13, 15, 16, 17 & 18 (See page 20, para. 7) . The request of NATIONAL CITY TRANSIT for APPROVAL of BUDGET AMENDMENT to PROGRAM CONTRACT REVENUE for National City Transit (By June 30, 1983, NCT will receive an estimated $60,000 in revenue from a contract with San Diego Trolley, Inc. for supplemental bus service; this amendment programs how that revenue would be spent [bus Stop sign improvements - $7,000; body repair and painting of 2 buses - $10,000; legal fees - $8,000; trolley service costs - $35,000]; no general funds are involved; only Transportation Development Act funds are used to subsidize National City Transit; staff recommends this amendment be approved as submitted) was presented. BOB ARTHUR, National City Transit, was present to answer Council's questions. Moved by Van Deventer, seconded by Camacho, in favor of this request. Discussion. Carried by unanimous vote. 2/15/83 Book 63 22 National City Transit's REPORT on SUS REPLACEMENT PROGRAM (National City has been building a capital reserve account for bus replacement which could carry a balance of $478,000 by the end of the fiscal year; to supplement this account, applications will be made later this month to the Metropolitan Transit Development Board for State Transportation Assistance Funds which would allow National City to replace its entire bus fleet; in order to pursue this application, a determination should be made as to what size bus will be purchased; NCT is conducting load surveys this week and will report the results to Council, along with a recommendation on bus size; no general funds will be used) was presented. LARRY HEIL, McDonald Transit, was present and answered Council's questions. Mr. Heil said the transit system presently carries about 35,000 passengers per month; it looks like NCT will have approximately $478,000 by this spring for vehicle replacement; the question at hand is what size or type of vehicle would best serve the City's needs; the top of the line, the flexi-bus, is larger than we need; the next size down is a heavy duty transit bus, which comes in 30, 35 and 40 ft. lengths; we are presently using 40 ft. bases, which are larger than we need; he recommends the 30 ft. heavy duty transit bus; Bob Arthur of National City Transit has tested them and was satisfied. Discussion. Moved by Van Deventer, seconded by Camacho, in favor of Mr. Heil's recommendation (heavy duty, 30 ft. transit buses). Further discussion. Carried by unanimous vote. A PETITION for CONSTRUCTION of domestic WATER SYSTEM in Grove St. from 14th St. to Plaza Blvd. (City to participate in construction of proposed line and fire hydrant , filed with the City Clerk on February 9, 1983 [staff recommends this be referred to the City Engineer for a report] and the City Engineer's REPORT on FEASIBILITY of PETITION [The Certificate of Engineer indicates this project can proceed and waives the 1931 Act proceedings] staff recommends the Certificate of Engineer be accepted and the project be directed to proceed) were presented. Moved by Waters, seconded by Van Deventer, the Certificate of Engineer be accepted and direct the project to proceed. Carried by unanimous vote. The CLAIM for DAMAGES of Cecilio L. Sanchez arising from an accident on January 17, 1983 and filed with the City Clerk on February 4, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATION A letter from Robert G. Faraday, B/B Fish Company, requesting a vehicle vending permit was presented. BOB FARADAY, 3732 Dove St., San Diego, was present and said he would like a permit to operate in one location for 6 hours, one day a week on private property. Discussion. Councilman Van Deventer said this would be unfair to the businesses who construct their buildings, pay utility bills, overhead costs, and taxes. Further discussion. Ordered filed by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 2-83, DENYING CONDITIONAL USE PERMIT to ALLOW CONVERSION of a SINGLE-FAMILY DWELLING to a CHURCH and RECTORY at 2139 E. 12th St., CUP-1982-22 (... involves the proposed conversion of a split-level, concrete block, single-family dwelling to a church and one -bedroom rectory; the project site contains about 14,000 sq. ft. in land area; the dwelling contains 1,938 sq. ft.; the lower level of the dwelling will be used as the rectory, and the upper level as the sanctuary and office; site plan submitted indicates that the property will be improved with paved off-street parking and landscaping; land use within the immediate area consists of detached single-family dwellings to the East and West, vacant, unimproved land across 12th St. 2/15/83 Book 63 23 to the South, a mixture of single and two-family dwellings to the North; zoning is Residential, Two -Family (RT); no change in land use or zoning is proposed in the updated General Plan; churches are a permitted use in this zone, subject to issuance of a Conditional Use Permit; specific findings are required; the Planning Commission denied this application for the reason that the proposed use would have an adverse effect upon adjacent or abutting properties; staff concurs with the Planning Commission's denial) was presented. Note: Applicant appealed and hearing is scheduled for March 8, 1983. Ordered filed by unanimous vote. Planning Commission Resolution No. 4-83, APPROVING ZONE VARIANCE to ALLOW a GRADE (slope) of MORE THAN 3% on PARKING STALL PADS in conjunction with development of a CHURCH'S FRIED CHICKEN RESTAURANT at 3040 E. 8th St., Z-13-82 (... involves variance from the provisions of Section 18.58.471 of the N.C. Land Use Code to allow parking stall pads to slope at more than 3%, in conjunction with redevelopment of property located at the SW corner of 8th St. and Harbison Ave. [an abandoned service station site]; the easterly portion of this property slopes down to the East to meet the grade of Harbison Ave.; Harbison Ave., where adjacent to this property has a grade of about 8%, sloping down to the South from 8th St.; parking stall pads located on the North side of the building [one pad on the West] slope at 6-6.8%; all spaces that exceed a slope of 3% slope down towards the building with elevated curbing and/or wheel stops acting as a barrier; the Planning Commission made a finding of special circumstances applicable to this property that involves location and topography and approved the variance subject to four conditions set forth in said resolution; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY Asst. City Attorney McLean reported Council received a report from Mr. McLean re filing a petition for rehearing the CalTrans matter. Moved by Waters, seconded by Camacho, in favor of this rehearing petition. Carried by unanimous vote. OTHER STAFF - No reports. MAYOR Mayor Morgan asked Planning Director Gerschler about a matter on 'L' Ave.; Mr. Gerschler said he is looking into it. CITY COUNCIL Councilman Van Deventer asked the City Manager to look into AB 296, drinking in public parking lots; his particular concern was Highland Ave. between 2nd and 3rd. Councilman Van Deventer asked the City Attorney to report on AB 2828 concerning 1911 Acts. Councilman Van Deventer asked what could be done about inoperative vehicles parked on City streets; a black Ranchero has been parked on 16th St. for months with two flat tires; he did not understand why staff has done nothing; he has a list of vehicles and locations. Councilman Waters asked for support of Carlsbad Resolution favoring electing members of the PUC. Discussion. Councilman Waters reported he received a letter from Bonita Valley Seventh Day Adventist Church re re -zoning from Tourist Commercial to General Commercial; they received no notification other than the 4 page newspaper ad. Mayor Morgan said he and Planning Director Gerschler met 2/15/83 Book 63 24 with the Pastor of the church the day before the hearing. Discussion. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 7:00 p.m., February 22, 1983. Carried by unanimous vote. The meeting closed at 4:49 p.m. The foregoing minutes were approved at the regular meeting of the City Council on February 22, 1983. / Corrections ✓ No Corrections MAR CITY OF NATIONAL CITY, CALIFORNIA 2/15/83